[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Notices]
[Pages 5376-5396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1537]



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Part XIII





Department of Housing and Urban Development





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

  Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4591-N-03]


Regulatory Waiver Requests Granted for the Third Quarter of 
Calendar Year 2000

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of Regulatory Waivers from July 
1, 2000 through September 30, 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 July 1, 2000 and ending on September 30, 2000.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Camille E. Acevedo, Associate General Counsel for 
Legislation and 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 follows the description of the waiver granted 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 
(42 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 July 1, 2000 through September 30, 2000. 
Additionally, this notice contains one report of a regulatory waiver 
granted from March 1, 2000 through June 30, 2000 that was inadvertently 
omitted from the last notice. The report can be found in Section IV of 
this notice with respect to a waiver granted in connection with 24 CFR 
950.980.
    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 October 1, 2000 through December 
31, 2000.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: January 10, 2001.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Offices of the Department of Housing and Urban Development July 1, 
2000 Through September 30, 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 Community 
Planning and Development and the Office of Public and Indian 
Housing.
    III. Regulatory Waivers granted by the Office of Housing.
    IV. Regulatory Waivers granted by the Office of Multifamily 
Housing Assistance Restructuring.
    V. 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, please 
see the name of the person which immediately follows the description of 
the waiver granted.
     Regulation: 24 CFR 58.34(b) and 24 CFR 58.38.
    Project/Activity: Housing rehabilitation and housing acquisition 
projects, Ohkay Owingeh Housing Authority and the San Juan Pueblo 
Tribe, San Juan Pueblo, New Mexico.
    Nature of Requirement: HUD's regulation at 24 CFR 58.34(b) states 
that a recipient does not have to submit a Request for Release of Funds 
and certification, and that no further approval from HUD will be needed 
to carry out exempt activities and projects, provided the responsible 
entity documents its determination that each activity or project is 
exempt.

[[Page 5377]]

Additionally, 24 CFR 58.38 requires the responsible entity to maintain 
a written record of the environmental review for each project. This 
document will be designated the Environmental Review Record, which 
shall contain all environmental review documents, public notices and 
written determinations or environmental findings required by part 58, 
decision making and actions pertaining to a particular project.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 28, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Ohkay Owingeh Housing Authority made several errors during 
the environmental review and clearance process required by 24 CFR part 
58 that resulted in the Housing Authority obligating and expending 
grant funds for the project before a determination by the San Juan 
Pueblo that the activities were exempt. HUD made a determination that 
there was no statutory or regulatory provision that would have 
prevented conversion of these activities to exempt. Therefore, this 
waiver was needed in order to permit the San Juan Pueblo to complete 
the environmental review process by documenting that the activities are 
exempt under 24 CFR part 58, after the obligation of HUD funds. HUD 
also determined that no environmental degradation resulted from the 
regulatory noncompliance and that no mitigation activities would be 
necessary since no environmental damage or potential problems were 
identified. Considering the above, HUD determined that a waiver of the 
regulatory requirements would maintain the integrity of HUD's 
environmental review process and was consistent with Executive Order 
12084 that encourages flexibility in the consideration of waiver 
requests from tribal governments.
    Contact: Bruce Knott, Director, Office of Grants Evaluation, 
National Office of Native American Programs (ONAP), Department of 
Housing and Urban Development, 1999 Broadway--Suite 3390, Denver, 
Colorado 80202, Telephone: (303) 675-1600.
     Regulation: 24 CFR 91.520.
    Project/Activity: The County of Essex, New Jersey requested a 
waiver of the submission deadline for the County's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: August 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The County requested the waiver because of difficulties 
resulting from medical emergencies experienced by the Acting Director 
and staff responsible for Consolidated Annual Performance Evaluation 
Report (CAPER) preparation.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Cumberland, Maryland requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: August 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested the waiver because the lead person 
responsible for completing the CAPER, as well as inputting data in 
IDIS, has been summoned for jury duty in Federal District Court for the 
next four months.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The State of Nebraska requested a waiver of the 
submission deadline for the State's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: August 31, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The State requested the waiver because of staff turnover and 
IDIS development delays that impacted the ability to comply with 
beneficiary reporting requirements.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The County of Los Angeles, California requested a 
waiver of the submission deadline for the County's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 13, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The County requested the waiver because of technical problems 
with the Community Development Commission's financial management 
system.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: Baltimore County, Maryland requested a waiver of 
the submission deadline for the County's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 13, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The County requested the waiver because of staff turnover and 
the need for additional time to allow new staff to become familiar with 
the CAPER submission process.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of San Angelo, Texas requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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.

[[Page 5378]]

    Date Granted: September 13, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested the waiver because of staffing problems due 
to the resignation of one staff member and need for surgery by another 
staff member.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Hamden, Connecticut requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 14, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested the waiver because the City is rebuilding 
records to eliminate inconsistencies in its 1998 CAPER. This effort has 
not allowed the staff to focus on preparing the current 1999 CAPER.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Nashua, New Hampshire requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested the waiver because of staff turnover and the 
delay in receiving audited financial figures necessary for 
reconciliation.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Portland, Oregon requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested the waiver as a result of recent staff 
turnover in the Portland Development Commission's CDBG staff. This did 
not provide sufficient time for the staff to review the CAPER reporting 
information and reconcile it with the City's records before the 
submission deadline.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Vancouver, Washington requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested the waiver due to delays caused by changes 
in key personnel and the need to reprogram funds and correct data in 
IDIS to ensure accurate information.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Norwalk, California requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time for preparing the CAPER due 
to resignation of staff and unfilled vacancies.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Moreno Valley, California requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because its newly installed 
financial management system caused delays in the availability of the 
City's final expenditure data for reconciliation with data in IDIS.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Tulare, California requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of the office's 
recent move to a new facility that included relocating and upgrading 
the computer mainframe, the network, and personal computers. This move 
delayed computer operations needed to produce accurate IDIS data for 
the CAPER.
    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.

[[Page 5379]]

     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Modesto, California requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time due to vacancies and changes 
in key staff positions that are responsible for preparing the CAPER.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Napa, California requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because staff resources were 
diverted to cope with the aftermath of a serious earthquake that 
damaged many city businesses and residences.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Elizabeth, New Jersey requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of the delay in 
submitting its Consolidated Plan and to ensure that the required public 
comment period for the CAPER will be satisfied.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Camden, New Jersey requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time due to staff shortages.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of East Orange, New Jersey requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of staff 
difficulties resulting from the downsizing of the Planning Department, 
which is responsible for the preparation of the CAPER.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Stamford, Connecticut requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of a staff turnover, 
which resulted in a delay in generating IDIS reports.
    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.
    sbull Regulation: 24 CFR 91.520.
    Project/Activity: The City of New Britain, Connecticut requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of renovation of the 
City's Office of Municipal Development and the reorganization of its 
staff. Office files have been moved and displaced making it difficult 
for the staff to have efficient access to information on grantee 
activities.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of New London, Connecticut requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of the loss of two 
key finance staff. The two individuals provided the critical 
information required to

[[Page 5380]]

complete the reconciliation of programmatic and financial records.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Weirton, West Virginia requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time due to staff turnover.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Petersburg, Virginia requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of staff turnover.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Virginia Beach, Virginia requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time for key staff to review the 
report and allow for public comment.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Charlottesville, Virginia requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time due to staff turnover.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Bristol, Virginia requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because of internal delays 
in obtaining accounting information.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Portsmouth, Virginia requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time due to recent staff 
turnover.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: Chesterfield County, Virginia requested a waiver 
of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The County requested additional time due to recent staff 
turnover.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Philadelphia, Pennsylvania requested 
a waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because the City's fiscal 
year closing adjustments will not be released in sufficient time to 
allow the office responsible for report preparation to obtain 
information needed to complete the CAPER before the deadline.
    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.

[[Page 5381]]

     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Scranton, Pennsylvania requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time due to computer system 
failure.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Dover, Delaware requested a waiver of 
the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because the staff person 
directly responsible for preparing the CAPER has been on sick leave.
    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.
     Regulation: 24 CFR 91.520.
    Project/Activity: The City of Baltimore, Maryland requested a 
waiver of the submission deadline for the City's 1999 CAPER.
    Nature of Requirement: HUD's regulation at 24 CFR 91.520 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: September 27, 2000.
    Reasons Waived: HUD determined that there was good cause for the 
waiver. The City requested additional time because the accounting 
records are not released in sufficient time to allow the City to 
complete the CAPER.
    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.
     Regulation: 24 CFR 92.205.
    Project/Activity: The Kentucky Housing Corporation requested a 
waiver of the provision to permit less than a $1,000 minimum HOME 
investment per unit.
    Nature of Requirement: HUD's regulation at 24 CFR 92.205 requires 
that the minimum of HOME funds that may be invested in a project is an 
average of $1,000 per unit.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 7, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. KHC provided justification that less than $1,000 was needed to 
assist homebuyers. Without a waiver these recipients would be either 
disqualified from becoming homebuyers or they would be over-subsidized 
in order to receive the HOME assistance.
    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.
     Regulations: 24 CFR 92.205, 92.503(b)(2).
    Project/Activity: The Kentucky Housing Corporation requested a 
waiver of provisions regarding termination of a project prior to 
completion and the subsequent repayment requirement.
    Nature of Requirement: HUD's regulations at 24 CFR 92.205 and 
92.503(b)(2) require that a HOME unit that is terminated before 
completion, either voluntarily or otherwise, constitutes an ineligible 
activity and any HOME funds invested must be repaid.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 20, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The homeowner died prior to completion of construction and no 
further work on the home was done.
    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.
     Regulation: 24 CFR 92.214(a)(8).
    Project/Activity: The City of Taylorsville, Utah requested 
permission to use HOME funds for acquisition of a parcel of land 
located within its boundaries, but owned by Salt Lake County. The City 
plans to move an existing home on the subject site which will be sold 
to a low income family.
    Nature of Requirement: HUD's regulation at 24 CFR 92.214(a)(8) 
prohibits grantees from using HOME funds to pay for the acquisition of 
property owned by the participating jurisdiction, except for property 
acquired by the PJ with HOME funds, or property acquired in 
anticipation of carrying out a HOME project.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 31, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver since the transaction would assist the City in its effort to 
provide an affordable unit for a low income family.
    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.
     Regulation: 24 CFR 92.251.
    Project/Activity: North Dakota counties and Indian reservation 
communities requested a waiver of the HOME provision which requires 
HOME-assisted housing to meet the applicable codes, standards, and 
ordinances specified.
    Nature of Requirement: HUD's regulation at 24 CFR 92.251 requires 
that housing that is constructed or rehabilitated with HOME funds must 
meet all applicable local codes, rehabilitation standards, ordinances, 
and zoning ordinances at the time of project completion.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 31, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The State of North Dakota requested this waiver in order to 
allow for the use of HOME funds for emergency repairs on damaged 
housing within the disaster area. Funding sources are inadequate to 
address the housing needs that exist within the disaster area. The 
State would like to use HOME funds to assist in addressing this need. 
HUD therefore determined that this provision creates undue hardship for 
the communities and families in need of disaster-related assistance.
    Contact: Cornelia Robertson-Terry, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 Seventh

[[Page 5382]]

Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
     Regulation: 24 CFR 570.200(h)(1).
    Project/Activity: The City of Coral Springs, Florida requested a 
waiver to allow the City to use CDBG funds to reimburse administrative 
costs incurred for the planning and preparation of its first 
Consolidated Plan as a new Entitlement community.
    Nature of Requirement: HUD's regulation at 24 CFR 570.200(h)(1) 
states that a grantee may only use CDBG funds to pay 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 prior to the costs being incurred.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 28, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City is a new Entitlement community. Failure to grant the 
waiver would result in undue hardship and affect the benefits to the 
low- and moderate-income population of the City. Further, the 
authorization for new grantees to pay for planning and administrative 
start-up costs with CDBG funds was inadvertently omitted during the 
November 1995 revision to the CDBG regulations.
    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.
     Regulation: 24 CFR 570.200(h)(1).
    Project/Activity: The City of Deerfield Beach, Florida requested a 
waiver to allow the City to use CDBG funds to reimburse administrative 
costs incurred for the planning and preparation of its first 
Consolidated Plan as a new Entitlement community.
    Nature of Requirement: HUD's regulation at 24 CFR 570.200(h)(1) 
states that a grantee may only use CDBG funds to pay 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 prior to the costs being incurred.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 27, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City is a new Entitlement community. Failure to grant the 
waiver would result in undue hardship and affect the benefits to the 
low- and moderate-income population of the City. Further, the 
authorization for new grantees to pay for planning and administrative 
start-up costs with CDBG funds was inadvertently omitted during the 
November 1995 revision to the CDBG regulations.
    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.
     Regulation: 24 CFR 576.21(b)(2).
    Project/Activity: Hennepin County, Minnesota requested a waiver of 
the 30 percent limitation on essential services in its ESG program.
    Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2) 
implements 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: July 10, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Hennepin County provided documentation to support its claim 
that alternative funding for rehabilitation, operating costs and other 
eligible activities is available. The waiver allows Hennepin County to 
spend up to 100 percent of its FY 1999 and FY 2000 grants on essential 
services.
    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.
     Regulation: 24 CFR 576.21(b)(2).
    Project/Activity: The Municipality of Caguas, Puerto Rico requested 
a waiver of the 30 percent limitation on essential services in its ESG 
program.
    Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2) 
implements 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: August 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Caguas provided documentation to HUD to support the 
Municipality's claim that it is meeting its demand for other activities 
through funding from the United Way, the Department of Health, and 
local funds.
    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.
     Regulation: 24 CFR 576.21(b)(2).
    Project/Activity: Onondago County, New York requested a waiver of 
the 30 percent limitation on essential services in its ESG program.
    Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2) 
requires that no more than 30 percent of ESG grant funds be expended 
for essential services.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 31, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Onondaga County provided documentation to HUD to support its 
claim of that other present needs for the County's ESG funds exist. The 
County may spend up to 58.67 percent of its funds for essential 
services.
    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.
     Regulation: 24 CFR 576.35(b).
    Project/Activity: The City of Minneapolis, Minnesota requested a 
waiver regarding the time frame for expenditure of its FY 1998 
Emergency Shelter Grant (ESG) funds.
    Nature of Requirement: HUD's regulation at 24 CFR 576.35(b) 
requires recipients to expend ESG funds within two years of HUD's 
award.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: July 28, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City experienced unexpected delays in several 
rehabilitation projects. Failure to grant the waiver would adversely 
affect the City's ability to serve the homeless. HUD extended the date 
for the City to expend its 1998 funds to on or about July 15, 2000.

[[Page 5383]]

    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.
     Regulation: 24 CFR 882.408(b).
    Project/Activity: The Metro Dade, Florida Housing Agency requested 
a waiver of the limitation on the initial Gross Rent for a Single Room 
Occupancy (SRO) property. The proposed rent would exceed the current 
Moderate Rehabilitation SRO Fair Market Rent (FMR) by more than 10%.
    Nature of Requirement: HUD's regulation at 24 CFR 882.408(b) allows 
a housing agency to approve initial gross rents which exceed the 
applicable FMR by up to 10 percent for all units of a given size in 
specified areas.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 5, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Higher rents were necessitated by development obstacles such as 
change in sites, change in owner/developer and delay in obtaining 
financial resources.
    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.
     Regulation: 24 CFR 882.805(d)(1)(ii)(B).
    Project/Activity: The San Francisco, California Housing Authority 
requested a waiver of the Single Room Occupancy (SRO) requirement on 
the maximum amount allowed per unit for rehabilitation.
    Nature of Requirement: HUD's regulation at 24 CFR 
882.805(d)(1)(ii)(B) allows an SRO recipient to multiply the maximum 
per unit rehabilitation amount by 2.4 in areas where the Housing 
Authority has demonstrated to HUD's satisfaction that the increase is 
reasonable to accommodate special local conditions, including high 
construction costs. In the case of San Francisco, this would allow a 
maximum rehabilitation costs of $42,840.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 30, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City documented the high cost of the project and the 
difficulty in finding and acquiring suitable properties for the SRO 
program. The City further stated that the property is almost 90 years 
old and needs extensive rehabilitation to meet current building and 
accessibility code standards. The final per unit rehabilitation cost 
for this project is projected to be $69,311, well above the maximum 
approvable cost.
    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.

II. Regulatory Waivers Granted by the Office of Community Planning 
and Development and the Office of Public and Indian Housing

    For further information about the following waiver actions, please 
see the name of the person which immediately follows the description of 
the waiver granted.
     Regulation: 24 CFR 50.3(h)(3) and 1000.20(a).
    Project/Activity: Acquisition of 10 Operation Walking Shield 
housing units, Flandreau Santee Sioux Tribe and Flandreau Santee Sioux 
Housing Authority, Flandreau, South Dakota.
    Nature of Requirement: HUD's regulation at Sec. 50.3(h) requires 
that for HUD grant programs in which funding approval for an 
applicant's program must occur before the applicant's selection of 
properties an applicant must agree to not acquire, rehabilitate, 
convert, lease, repair or construct property, nor commit or expend HUD 
or local funds until HUD approval of the property is obtained. HUD's 
regulation at Sec. 1000.20(a) requires an environmental review be 
completed for any Native American Housing Assistance and Self-
Determination Act project not excluded from review before a recipient 
may acquire, rehabilitate, convert, lease, repair or construct 
property, or commit HUD or local funds.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development and Harold Lucas, Assistant Secretary for 
Public and Indian Housing.
    Date Granted: July 31, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Flandreau Santee Sioux Housing Authority used NAHASDA funds 
to acquire, rehabilitate and lease the subject Walking Shield units 
before receiving HUD approval of the property as required by 24 CFR 
50.3(h)(3) and before HUD completed an environmental review. HUD has 
since completed the environmental review for the project. In order to 
satisfactorily resolve the issue, waivers of the provisions of 24 CFR 
50.3(h)(3) and 1000.20(a) are necessary. HUD also determined that no 
environmental degradation resulted from the regulatory noncompliance 
and that no mitigation activities would be necessary since no 
environmental damage or potential problems were identified. Considering 
the above, HUD determined that a waiver of the regulatory requirements 
would maintain the integrity of HUD's environmental review process and 
was consistent with Executive Order 12084 that encourages flexibility 
in the consideration of waiver requests from tribal governments.
    Contact: Bruce Knott, Director, Office of Grants Evaluation, 
National Office of Native American Programs (ONAP), Department of 
Housing and Urban Development, 1999 Broadway--Suite 3390, Denver, 
Colorado 80202, Telephone: (303) 675-1600.
    sbull Regulation: 24 CFR 50.17 and 1000.20(a).
    Project/Activity: Construction of 15 housing units with residual 
1937 Housing Act funds under the Native American Housing Assistance and 
Self-Determination Act (NAHASDA), Upper Sioux Tribe, Granite Falls, 
Minnesota.
    Nature of Requirement: HUD's regulation at Sec. 50.17 requires that 
an environmental assessment and finding of no significant impact or an 
environmental impact statement be completed before the applicable 
decision points for projects not exempt or categorically excluded from 
environmental review requirements. HUD's regulation at Sec. 1000.20(a) 
requires that an environmental review be completed for any NAHASDA 
project not excluded from review before a recipient may acquire, 
rehabilitate, convert, lease, repair or construct property, or commit 
HUD or local funds.
    Granted By: Cardell Cooper, Assistant Secretary for Community 
Planning and Development and Harold Lucas, Assistant Secretary for 
Public and Indian Housing.
    Date Granted: Granted by Mr. Cooper on July 27, 2000 and by Mr. 
Lucas on July 28, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Upper Sioux Tribe made several errors during the 
environmental review and clearance process required by 24 CFR part 58 
that resulted in the tribe obligating and expending grant funds for the 
project before HUD's approval of the Request for Release of Funds and 
Certification, form HUD 7015.15. HUD made a determination based upon 
these actions to conduct an environmental review according to 24 CFR 
part 50. A HUD environmental review at this point would be after the 
execution of the Indian Housing Block Grant Agreement for this project. 
Therefore, a waiver is

[[Page 5384]]

necessary to allow HUD to conduct the review and resolve the issue. HUD 
also determined that no environmental degradation resulted from the 
regulatory noncompliance and that no mitigation activities would be 
necessary since no environmental damage or potential problems were 
identified. Considering the above, HUD determined that a waiver of the 
regulatory requirements would maintain the integrity of HUD's 
environmental review process and was consistent with Executive Order 
12084 that encourages flexibility in the consideration of waiver 
requests from tribal governments.
    Contact: Bruce Knott, Director, Office of Grants Evaluation, 
National Office of Native American Programs (ONAP), Department of 
Housing and Urban Development, 1999 Broadway--Suite 3390, Denver, 
Colorado 80202, Telephone: (303) 675-1600.

III. Regulatory Waivers Granted by the Office of Housing

    For further information about the following waiver actions, please 
see the name of the person which immediately follows the description of 
the waiver granted.
     Regulation: 24 CFR 202.3(c)(2)(iii).
    Project/Activity: Credit Watch/Termination Threshold.
    Nature Of Requirement: HUD's regulation at 24 CFR 202.3(c)(2)(iii) 
establishes a default and claim rate threshold for HUD/FHA approved 
mortgagees on credit watch status.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner
    Date Granted: August 21, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. 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 third quarter of FY 2000.
    Contact: Joy Hadley, Director, Quality Assurance Division, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room B133-P3214, Washington, DC 20410, telephone (202) 708-2830.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lakeview Senior Apartments, Carmel, New York, 
Project Number: 012-EE245/NY36-S981-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The sponsor had exhausted all efforts to secure secondary 
funding from outside sources, and the project was economically designed 
and comparable to similar projects developed in the area.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Good Shepherd, Blair, Nebraska, Project Number: 
103-E018/NE26-S981-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 4, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The owner had received a $65,000 grant from the Federal Housing 
Finance Board, the project was comparable in cost to similar projects, 
and the sponsor could not contribute any additional funds.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Centerplace III, New Albany, Indiana, Project 
Number: 073-HD048/IN36-Q981-002.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The development costs were comparable to other similar projects 
recently developed in Indiana and the project was of modest design.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Castleton Homes, Lanham, Maryland, Project 
Number: 000-HD041/MD39-Q981-003.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 11, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project required replacement of the HVAC systems in all 
three houses which had significantly increased costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Bishop Daly Gardens, Uniondale, New York, Project 
Number: 012-EE249/NY36-S981-005.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 16, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was economically designed and comparable in cost to 
similar projects, and the sponsor could not contribute any additional 
funds.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Turlock Silvercrest, Turlock, California, Project 
Number: 121-EE112/CA39-S981-005.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 21, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The contractor could not build the project within the fund 
reservation amount.

[[Page 5385]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: VOA Riverside 10, Fort Worth, Texas, Project 
Number: 113-HD015/TX1-Q971-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 21, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was modestly designed and comparable to similar 
projects in the area, and the sponsor had exhausted all means of 
obtaining additional funds for the is project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Saint Paul the Apostle Senior Housing, Corona, 
New York, Project Number: 012-EE254/NY36-S981-010.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 21, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was modest in design, comparable to similar 
projects in the area, and the sponsor had made every attempt to secure 
additional funding from outside sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Cambridge Apartments, Rutledge, Tennessee, 
Project Number: 087-EE036/TN37-S981-004.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 22, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The owner had contributed the required minimum capital 
investment and purchased the site, the project was comparable in cost 
to similar projects, and the sponsor could not contribute any 
additional funds.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: St. Peter's Place II, Phoenixville, Pennsylvania, 
Project Number: 034-EE070/PA26-S971-002.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was modest in design, comparable to similar 
projects in the area and the owner had secured $230,000 from the 
Federal Home Loan Bank Board and $100,000 from the Chester County 
Office of Housing and Community Development.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulation: 24 CFR 891.100(d).
    Project/Activity: Homes With Hope, Westport, Connecticut, Project 
Number: 017-HD015/CT26-Q961-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 26, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was modest in design, comparable to similar 
projects in the area and the sponsor/owner had exhausted attempts in 
obtaining funds from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulations: 24 CFR 891.100(d)and 891.165.
    Project/Activity: Alice Williams Towers II, Atlanta, Georgia, 
Project Number: 061-EE065/GA06-S971-009.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing. HUD's regulation at 24 CFR 891.165 provides that the 
duration of a capital advance fund reservation 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: August 4, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was delayed to allow the sponsor and contractor 
time to prepare a new construction cost estimate and to obtain zoning 
approval. The project was also modest in design, comparable to similar 
projects developed in the area, the sponsor/owner had made every 
attempt to secure additional funding from outside sources, and the 
sponsor/owner had exhausted their resources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulations: 24 CFR 891.100(d) and 891.165.
    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 capital advance fund reservation prior to 
initial closing. HUD's regulation at 24 CFR 891.165 provides that the 
duration of a capital advance fund reservation 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: August 11, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The contractor increased his prices and the sponsor had 
exhausted all efforts to find additional funds from other sources. 
Additional time was needed to reprocess the firm commitment due to

[[Page 5386]]

the increase in construction costs and to initially endorse the 
project.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulations: 24 CFR 891.100(d) and 891.165.
    Project/Activity: Selfhelp/United Help Kissena Apartments, 
Flushing, New York, Project Number: 012-EE224/NY36-S971-011.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing. HUD's regulation at 24 CFR 891.165 provides that the 
duration of a capital advance fund reservation 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: August 11, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project encountered delays in securing zoning approvals, 
the project was economically designed, comparable to similar projects 
developed in the area, and the sponsor/owner had exhausted their 
resources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
     Regulations: 24 CFR 891.100(d) and 891.165.
    Project/Activity: ASI-Missoula, Missoula, Montana, Project Number: 
93-HD013/MY99-Q961-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing. HUD's regulation at 24 CFR 891.165 provides that the 
duration of a capital advance fund reservation 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: August 21, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The owner encountered delays due to the loss of two sites for 
the project and the death of the specialist who had been working very 
diligently on the project. The project was economically designed, 
comparable to other similar projects developed in the jurisdiction, and 
the owner had exhausted all possible efforts to obtain additional 
funds.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulations: 24 CFR 891.100(d) and 891.165.
    Project/Activity: Pomperaug Senior Housing, Southbury Twp., 
Connecticut, Project Number: 017-EE040/CT26-S971-008.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing. HUD's regulation at 24 CFR 891.165 provides that the 
duration of a capital advance fund reservation 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: September 26, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waivers. Delays were due to the owner obtaining design approval from 
the town of Southbury Planning and Zoning Commission. In addition, the 
project was modest in design, comparable to similar projects developed 
in the area, and the owner had made every attempt to secure additional 
funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulations: 24 CFR 891.100(d) and 891.165.
    Project/Activity: Cold Spring House, Forstburgh, New York, Project 
Number: 012-HD075/NY36-Q971-004.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d) 
prohibits amendment of the capital advance fund reservation prior to 
initial closing. HUD's regulation at 24 CFR 891.165 provides that the 
duration of a capital advance fund reservation 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: September 26, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The owner was unable to obtain additional funds, and the 
project would receive complete property tax exemption from the locality 
as well as support service funding from the state. Additionally, a 
delay of over one year was encountered due to issues associated with 
the incorporation of the owner.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.105 and 891.410(c).
    Project Activity: Sugarloaf Village, Diamond City, Arkansas, 
Project Number 082-EE091.
    Nature of Requirement: HUD regulations at 24 CFR Part 891 require 
that occupancy be limited 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: September 12, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Little Rock Multifamily Program Center requested an age and 
income waiver for this Section 202/PRAC project. The project is only 
4.3 percent occupied after 11 months of occupancy and is unable to 
attract sufficient elderly tenants because of insufficient local 
demand. These waivers will allow project management flexibility in 
attempting to rent up vacant units, thereby maintaining project 
viability and preventing foreclosure of the project. The waivers will 
allow elderly and near-elderly families and individuals who are at or 
over the age of 55 and low income to apply for admission to the project 
in addition to very low elderly families who will continue to receive 
an admissions preference.
    Contact: Frank M. Malone, Director, Office of Asset Management, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6160, Washington, DC 20410; telephone (202) 708-3730.
     Regulation: 24 CFR 891.120(b), 891.310(b)(1) and (b)(2).
    Project/Activity: Options Supported Housing Project V, Scattered 
Site: Huntington, Huntington Sta., Centereach and Selden, New York, 
Project Number: 012-HD085/NY36-Q981-006.

[[Page 5387]]

    Nature Of Requirement: HUD's regulations at 24 CFR 891.120(b), 
891.310(b)(1) and (b)(2) govern accessibility standards for the Section 
811 program.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 11, 2000.
    Reason Waived: HUD determined there was good cause for the waiver. 
The project consisted of acquisition with rehabilitation of four group 
homes for persons with chronic mental illness. One of the sites was 
designed to be accessible for persons with mobility impairments. To 
make all units fully accessible for persons with mobility impairments 
would make the project, as a whole, financially unfeasible. The 
consumers served under the sponsor's existing programs did not 
generally require accessible housing, therefore accessibility of the 
one site was more than adequate for potential residents.
    Contact: Willie Spearmon, Director, Office Of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410-7000, telephone: (202) 
708-3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Abraham Lincoln Center, Chicago, Illinois, 
Project Number: 071-HD095/IL06-Q961-010.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: July 13, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The City had required the sponsor to obtain the approval of 
each alderman and the alderman had, in turn, required the approval of 
each of the communities involved.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Eaton Knolls, Town of Islip, New York, Project 
Number: 012-HD076/NY36-Q971-005.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: July 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Problems were discovered with the title policy which have 
subsequently been resolved to the satisfaction of all parties.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Accessible Space, Inc., Birmingham, Alabama, 
Project Number: 062-HD041/AL09-Q981-004.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 3, 2000.
    Reason Waived: HUD determined that there was good cause to grant 
this waiver. The project had been delayed due to neighborhood 
opposition.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Ryder Assisted Care II, Humacao, Puerto Rico, 
Project Number: 065-HD010/RQ46-Q961-003.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 3, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Time delays were directly attributable to third parties since 
required local government endorsements took more than a year to be 
approved.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: St. Anthony Homes, Baltimore, Maryland, Project 
Number: 052-HD029/MD06-Q971-003.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 4, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Additional time was needed to prepare and submit the initial 
closing package.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Moorestown Consumer Home, Philadelphia, 
Pennsylvania, Project Number: 035-HD038/NJ39-Q971-077.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 10, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The sponsor could not secure control of the site identified, 
had to secure bridge financing. Additionally, HUD required the sponsor 
to hire an architect due to the nature and amount of work involved.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Royale Gardens, Chicago, Illinois, Project 
Number: 071-EE125/IL06-S961-016.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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.

[[Page 5388]]

    Date Granted: August 11, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project had been delayed due to the City of Chicago 
imposing new requirements regarding detailed breakdowns for landscaping 
costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Hogar Aurora, Aibonito, Puerto Rico, Project 
Number: 056-HD015/RQ46-Q971-002.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 11, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The delay in initial closing was directly attributable to the 
high cost of construction on the island and the lack of an available 
contractor to develop the project within the cost limits.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Three Bridges, Philadelphia, Pennsylvania, 
Project Number: 031-EE042/NJ39-S961-008.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 16, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was pending a judicial decision concerning 
settlement of a dispute regarding site control.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: ARC Housing, Wauwatosa, Wisconsin, Project 
Number: 075-HD053/WI39-Q971-004.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 16, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The sponsor needed additional time to work out the completion 
and submission of the closing documents. Additionally, the sponsor 
experienced problems with lead based paint removal, underground storage 
tanks, an elevator and relocation.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Absecon Consumer Home, Philadelphia, 
Pennsylvania, Project Number: 031-HD084/NJ39-Q971-009.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 16, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The sponsor had to locate a new site for the project and this 
was the sponsor's first experience with modular units (which it was 
using to replace the existing facility on the site and hoped to 
replicate in the future).
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Ft. Washington Adventist Apartments--New Life 
Homes, Albuquerque, New Mexico, Project Number: 116-HD015/NM16-Q001-
001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 30, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project had been delayed due to zoning issues and the need 
for local government approval of its water/sewer classification.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Ray Rawson Villa, Las Vegas, Nevada, Project 
Number: 125-HD064/NV25-Q971-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 30, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project experienced delays while the sponsor raised funds 
to meet the increased construction costs.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Timothy Place, Plum Borough, Allegheny County, 
Pennsylvania, Project Number: 033-HD048/PA28-Q971-010.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: August 30, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The first two approved sites were abandoned due to the 
sponsor's inability to secure additional sewer taps through the 
Department of Environmental Protection and to obtain a zoning variance 
from the local government.

[[Page 5389]]

    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Sumac Trail Apartments, Milwaukee, Wisconsin, 
Project Number: 075-HD050/WI39-Q971-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: September 8, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Additional time was needed by the sponsor to correct 
deficiencies to their firm commitment application.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: New Opportunities For Waterbury, Waterbury, 
Connecticut, Project Number: 017-HD008.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: September 12, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Additional time was needed by the sponsor to secure control of 
two of the four sites.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.165.
    Project/Activity: Nashville Supportive Housing Development, 
Nashville, Tennessee, Project Number: 086-HD016/TN43-Q971-001.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: September 25, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The sponsor was unable to secure proper zoning on the original 
site and had to locate an alternate site.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.525.
    Project/Activity: Brooklyn Home for Aged People, New York, New 
York, Project Number: 012-EH059/NY36-T781-032.
    Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides 
that the duration of a capital advance fund reservation 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: September 8, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The project was beset with problems, including the fact that 
the contractor took the project to arbitration over the slow rate of 
progress. The project was scheduled for completion on or before June 
1984. In order to complete construction, the original mortgage was 
increased and the borrower arranged in 1988 for a second general 
contractor to complete construction. In an attempt to avoid any 
liability, the borrower filed for bankruptcy in 1989. The bankruptcy 
agreement stipulated that the supplemental loan be at 0 percent 
interest and this agreement was binding.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
     Regulation: 24 CFR 891.575 and 891.610(c).
    Project/Activity: Northview Apartments, Okemah, Oklahoma, Project 
Number 117-EH089.
    Nature of Requirement: HUD's regulations at 24 CFR part 891 limit 
occupancy to very low income (VLI) elderly households where or one or 
more persons is at least 62 years of age at the time of initial 
occupancy.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 20, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Kansas City multifamily HUB requested waiver of this 
regulation due to the limited market of elderly individuals and 
families. This project is located in a small rural community and has 
historically been unable to attract elderly families to fill vacancies. 
This waiver will expand the number of eligible households who can be 
admitted to the property allowing the owner additional, necessary 
flexibility in renting up units.
    Contact: Frank M. Malone, Director, Office of Asset Management, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6160, Washington, DC 20410; telephone: (202) 708-3730.
     Regulations: 24 CFR 891.575 and 891.610(c).
    Project/Activity: IOOF Tower, Salt Lake City, Utah, Project No: 
105-EH050.
    Nature of Requirement: HUD's regulations at 24 CFR part 891 limit 
occupancy to very low income households composed of two or more persons 
at least one of whom is 62 years of age or older at the time of initial 
occupancy.
    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 12, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Denver multifamily HUB requested an age waiver because the 
project had been unable to sustain occupancy due to the somewhat 
depressed surrounding neighborhood and declining demand for very low 
income elderly housing. The waiver allowed property management to rent 
up vacant units.
    Contact: Frank M. Malone, Director, Office of Asset Management, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6160, Washington, DC 20410; telephone: (202) 708-3730.
     Regulation: 24 CFR 891.575 and 610(c).
    Project/Activity: Calvary Tower, Salt Lake City, Utah, Project 
Number: 105-EH048.
    Nature Of Requirement: HUD's regulations at 24 CFR part 891 limit 
occupancy to very low income households composed of two or more persons 
at least one of whom is 62 years of age or older at the time of initial 
occupancy.

[[Page 5390]]

    Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Waived: September 20, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The Denver Multifamily Hub requested an age waiver for the 
project due to the soft market for elderly properties in the Salt Lake 
City area. The surrounding neighborhood of Calvary Tower is somewhat 
depressed which also contributes to vacancy problems. Even though the 
property is currently full, any long term vacancies would pose a 
financial strain on this property and there is only one applicant on 
the waiting list. Lowering the age requirement from 62 to 55 and older 
will allow project management flexibility in attempting to alleviate 
vacancy problems.
    Contact: Frank M. Malone, Director, Office of Asset Management, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6160, Washington, DC 20410; telephone: (202) 708-3730.

IV. Regulatory Waivers Granted by the Office of Multifamily Housing 
Assistance Restructuring (OHMAR)

    For further information about the following waiver actions, please 
see the name of the person which immediately follows the description of 
the waiver granted.
     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
------------------------------------------------------------------------
06235027........................  Alexander Court....  AL
06235337........................  Monroe Avenue......  AL
08235040........................  Harmony Homes        AR
                                   Apartments.
08235018........................  North Acres          AR
                                   Apartments.
01711020........................  New Era Court......  CT
01735106........................  Old Middletown High  CT
                                   School.
06635031........................  Central Area Apts..  FL
06335044........................  Pana Villa Gardens.  FL
17135076........................  Johnson Manor......  ID
07335270........................  Retired Tigers.....  IN
09244036........................  Torre de San Miguel  MN
11655006........................  Clovis II..........  NM
11635097........................  Four Seasons.......  NM
11644046........................  King Arthur's Court  NM
                                   Apts..
11644047........................  Tradewinds Carriage  NM
                                   Apts..
01435022........................  Lincoln Arms.......  NY
04644069........................  Albright...........  OH
04635027........................  Danner Park Apts...  OH
04335090........................  Fairview II........  OH
04335125........................  Urbana Hollow......  OH
11744077........................  Paradise Corners...  OK
03435014........................  Beckett Gardens....  PA
03344180........................  Bethesda             PA
                                   Wilkinsburg.
03455033........................  Crosby.............  PA
03335006........................  Harriet Tubman       PA
                                   Terrace.
03344157........................  Jeannette Gardens..  PA
03355008........................  Liberty Park Apts..  PA
03344040........................  Palisades Manor....  PA
03344119........................  Parkview Manor       PA
                                   Apts..
01644066........................  1890 House.........  RI
01635010........................  Roger & Roger......  RI
05435075........................  St. Stephens Apts..  SC
08744033........................  Jaycee Progress,     TN
                                   Inc..
08744033........................  Jaycee Progress,     TN
                                   Inc..
08635039........................  Pulaski Terrace      TN
                                   Apts. I.
11344036........................  Abilene North Apts.  TX
05935009........................  Belaire Manor......  TX
11435063........................  Cleme Manor........  TX
11335005........................  Prince Hall Garden   TX
                                   II.
11435017........................  Prince Hall Plaza..  TX
11435005........................  Prince Hall Village  TX
11435077........................  Rolland Hilliard...  TX
11435046........................  Settegast..........  TX
13344034........................  Woodcrest            TX
                                   Apartments.
05135040........................  Caru...............  VA
05135117........................  Caru East..........  VA
05135111........................  Dorchester Square..  VA
05135034........................  Kings Court........  VA
12735237........................  Burien Haus........  WA
12735144........................  Omak Stampede......  WA
17144040........................  Pine Villa.........  WA
07535078........................  Goodman Homes......  WI
07535071........................  Oakwood Haven Vine   WI
                                   Court Apts..
07535077........................  Oakwood Haven Vine   WI
                                   Court Apts..
07535078........................  Pioneer Villa        WI
                                   Goodman Homes.
07535076........................  Pioneer Villa        WI
                                   Goodman Homes.
07535077........................  Vine Court Apts....  WI

[[Page 5391]]

 
10935035........................  Westgate Apartments  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 January 1, 1998. 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: July 11, 2000.
    Reasons Waived: HUD determined that there was good cause for the 
waivers. 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.
    Contact: Dan Sullivan, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410; 
telephone (202) 708-0001.
     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
------------------------------------------------------------------------
06235045........................  Spring Creek.......  AL
08235039........................  Chicot Limited       AR
                                   Partnership.
08235036........................  Haygood Neal Garden  AR
                                   Apartments.
08235049........................  Pilgrim Rest         AR
                                   Limited
                                   Partnership.
08235019........................  Smith Keys Village.  AR
08244015........................  Village Park South   AR
                                   I.
08244042........................  Village Park South   AR
                                   II.
06735015........................  Shull Manor........  FL
06344041........................  Sutton Place.......  FL
06344041........................  Sutton Place.......  FL
06344041........................  Sutton Place.......  FL
06344041........................  Sutton Place.......  FL
06735016........................  Tropical Manor.....  FL
06135006........................  Bethel Church Homes  GA
07435068........................  Benton Place.......  IA
07135341........................  Doyle family.......  IL
08335241........................  Lebanon Apts.......  KY
08335251........................  Robinwood Park.....  KY
08335239........................  Sandefur Manor.....  KY
02355123........................  Park Gardens.......  MA
02344152........................  Rap-Up II B........  MA
02238003........................  Dominican Court....  ME
09235359........................  Falls South          MN
                                   Apartments.
06535004........................  Canton Garden        MS
                                   Apartments.
06535027........................  Eastview Apartments  MS
06535244........................  Hilldale Apartments  MS
06535159........................  Martin Luther King   MS
                                   Memorial Apts..
06535242........................  Oakdale Apartments.  MS
09335068........................  Sherwood Inn.......  MT
01335060........................  Country Club Court.  NY
01335048........................  Robinson Square....  NY
01257044........................  Sumet I............  NY
01335056........................  Summit Towers......  NY
01332002........................  Woodburn Court.....  NY
11794009........................  Country Park.......  OK
11844025........................  Riverview Village..  OK
05435037........................  Mt. Zion I.........  SC
05444005........................  Mt. Zion II........  SC
11444026........................  Cedarwood            TX
                                   Apartments.
10935028........................  Ranger Apartments..  WY
10935040........................  Trails Apartments..  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 January 1, 1998. 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: August 2, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waivers. The attached list of projects were not assigned to the PAEs in 
a timely manner and for which the restructuring analysis was 
unavoidably delayed due to no fault of the owner.
    Contact: Dan Sullivan, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland

[[Page 5392]]

Avenue SW., Washington, DC 20410; telephone (202) 708-0001.
     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
------------------------------------------------------------------------
00035113.......................  Benning Courts....  DC
06344037.......................  Forest Green......  FL
06692002.......................  Harlem Gardens....  FL
06335042.......................  Hastings            FL
                                  Apartments.
06335034.......................  Marion Manor......  FL
06344051.......................  Springfield Res I.  FL
07444052.......................  Green Valley Manor  IA
07235053.......................  Cougill Apts......  IL
08335253.......................  Regency Park-       KY
                                  Louisville.
06535048.......................  Northland Village   MS
                                  Apartments.
09355004.......................  Hillview            MT
                                  Apartments.
03535026.......................  Delsea Gardens....  NJ
11692502.......................  Hobbs Apts........  NM
11692506.......................  Quay Apts.........  NM
01355007.......................  Eljay Apartments..  NY
01444028.......................  Fight Village.....  NY
01344008.......................  Syracuse Apts.....  NY
01344072.......................  Syracuse Rehab V..  NY
01444035.......................  Whitney             NY
                                  Neighborhood.
04335138.......................  Discovery 76......  OH
11735129.......................  Arbuckle Ridge....  OK
11735130.......................  Arbuckle Ridge....  OK
11835060.......................  Autumn Wood         OK
                                  Apartments.
11744006.......................  London Square.....  OK
11744077.......................  Paradise Corners..  OK
11744106.......................  Southgate.........  OK
11835093.......................  Willow Gardens....  OK
11838006.......................  Willow Rock         OK
                                  Apartments.
03344098.......................  First Erie Better   PA
                                  Housing West.
03444815.......................  Geneva House......  PA
03435130.......................  Hampton House.....  PA
03344044.......................  Monview Heights...  PA
03335081.......................  Penn Towers.......  PA
03335004.......................  Punxsutawney        PA
                                  Sycamore.
03444049.......................  Wayneview           PA
                                  Apartments.
08192503.......................  Crestview Manor...  TN
08192502.......................  Parkway East I....  TN
08135023.......................  Parkway East II...  TN
08135047.......................  Ridgley Manor.....  TN
08135051.......................  Somerville Apts...  TN
08135069.......................  Southside Manor...  TN
08135014.......................  Tulane I Apts.....  TN
11344036.......................  Abilene North       TX
                                  Apts..
11435225.......................  Beverly Place.....  TX
11235257.......................  Lake June Village.  TX
11535021.......................  Lulac Village Park  TX
11335004.......................  Prince Hall Garden  TX
                                  I.
08244031.......................  Town North          TX
                                  Apartments.
08244031.......................  Town North          TX
                                  Apartments.
11544037.......................  Villa Madre.......  TX
05155001.......................  Brightwood Apts...  VA
17135178.......................  Court Arthur......  WA
17144046.......................  Parkview            WA
                                  Apartments.
07535291.......................  Fordem Towers.....   WI
07535168.......................  Pine Creek I        WI
                                  Apartments.
07535117.......................  Woodridge Gardens.  WI
04535006.......................  Rivermont Homes...  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 January 1, 1998. 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: August 16, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waivers. 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.
    Contact: Dan Sullivan, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland

[[Page 5393]]

Avenue SW., Washington, DC 20410; telephone (202) 708-0001.
     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
------------------------------------------------------------------------
06292002..........................  Stonegate Village  AL
10135207..........................  Arvada House.....  CO
00044142..........................  Brookland Manor    DC
                                     Apartments.
00044142..........................  Brookland Manor    DC
                                     Apartments.
00035110..........................  Fairmont I         DC
                                     Apartments.
00055068..........................  W Street           DC
                                     Apartments.
03235003..........................  Banneker Heights.  DE
06735048..........................  Central Court      FL
                                     Apartments.
06335030..........................  Eastside Garden    FL
                                     Apartments.
06335031..........................  Eastside Terrace   FL
                                     Apartments.
06335101..........................  Oakdale Garden     FL
                                     Apartments.
06735035..........................  Seminole Garden    FL
                                     Apartments.
06344051..........................  Springfield        FL
                                     Residential One.
06344051..........................  Springfield        FL
                                     Residential One.
06192505..........................  Etheridge Court    GA
                                     Apartments I.
14035074..........................  Hausten Gardens..  HI
07435130..........................  Autumn Park        IA
                                     Apartments.
12435028..........................  Pocatello          ID
                                     Properties.
07135339..........................  Countryside Manor  IL
07135369..........................  Pullman            IL
                                     Wheelworks.
07344455..........................  Weyerbacher        IN
                                     Terrace
                                     Apartments.
07344455..........................  Weyerbacher        IN
                                     Terrace
                                     Apartments.
02344152..........................  Rap-Up II B......  MA
09235299..........................  Park Place         MN
                                     Apartments.
09335007..........................  Big Sky            MT
                                     Apartments.
09335074..........................  Grande Villa       MT
                                     Apartments.
03135185..........................  Baldwin Oaks       NJ
                                     Apartments.
11635015..........................  Santa Rosa         NM
                                     Apartments.
11635056..........................  Villa Del Sol      NM
                                     Apts.
01235193..........................  Belmont            NY
                                     Apartments.
01257029..........................  Parkview           NY
                                     Apartments.
01255173..........................  Siloam House.....  NY
01235306..........................  St. Joseph's       NY
                                     Village.
01255012..........................  Towne Gardens      NY
                                     Housing
                                     Development.
04335204..........................  Cambridge Village  OH
04335173..........................  Knollwood Commons  OH
04335197..........................  Liberty Commons..  OH
04335153..........................  Momentum 75......  OH
04635388..........................  Parkview Arms II.  OH
04335100..........................  Rehab Unlimited..  OH
04335107..........................  Townhomes          OH
                                     Properties, Ltd
                                     No. 1.
04335084..........................  U.S. #51           OH
                                     Apartments.
11735013..........................  Country Cove       OK
                                     Housing.
11744115..........................  Hillcrest Green    OK
                                     Apartments.
11744077..........................  Paradise Corner    OK
                                     Apartments.
11835084..........................  Willow Creek       OK
                                     Apartments.
11835084..........................  Willow Creek       OK
                                     Apartments.
11835080..........................  Willow Park        OK
                                     Apartments.
03344045..........................  Bedcliff           PA
                                     Apartments.
03344071..........................  Bethome..........  PA
03344108..........................  Colver Hotel       PA
                                     Apartments.
03444808..........................  Enon Toland        PA
                                     Apartments.
03442029..........................  Hedgerow           PA
                                     Apartments.
03438017..........................  Lincoln Towers...  PA
03344050..........................  Oliver Plaza       PA
                                     Apartments.
03310002..........................  Palisades Plaza..  PA
01658501..........................  Develco            RI
                                     Apartments.
01644032..........................  Develco Family     RI
                                     Apartments.
08192504..........................  Tulane II          TN
                                     Apartments.
08135035..........................  Warren Apartments  TN
11344036..........................  Abilene North      TX
                                     Apartments.
11435225..........................  Beverly Place      TX
                                     Apts.
11444026..........................  Cedarwood          TX
                                     Apartments.
11435023..........................  Independent        TX
                                     Missionary
                                     Village
                                     Apartments.
11535024..........................  North Side Manor   TX
                                     Apartments.
11492501..........................  Oakhill Plaza      TX
                                     Apartments.
11235070..........................  Park Manor         TX
                                     Apartments.
11235014..........................  Prince Hall        TX
                                     Chambre
                                     Apartments.
11235029..........................  St. James Manor    TX
                                     Apartments.
11344001..........................  Villa Supreme      TX
                                     Apartments.

[[Page 5394]]

 
11344001..........................  Villa Supreme      TX
                                     Apartments.
13344034..........................  Woodcrest          TX
                                     Apartments.
17144066..........................  Hillcrest          WA
                                     Apartments.
17144046..........................  Parkview           WA
                                     Apartments.
17144022..........................  Richard Allen      WA
                                     Apartments.
07535072..........................  Coleman Manor....  WI
07535024..........................  Fairfield Homes..  WI
07535240..........................  Housing            WI
                                     Facilities of
                                     Monticello.
07535073..........................  Laona Manor......  WI
07535081..........................  Lena Plaza.......  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 January 1, 1998. 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: August 31, 2000.
    Reasons Waived: HUD determined that there was good cause for the 
waivers. 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.
    Contact: Dan Sullivan, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410; 
telephone (202) 708-0001.
     Regulations: 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
------------------------------------------------------------------------
10135218..........................  High Country       CO
                                     Apartments.
00044150..........................  Eleventh Street    DC
                                     Apartments.
06135053..........................  Lakeview           GA
                                     Apartments.
06135037..........................  Pine Valley        GA
                                     Apartments.
07344381..........................  Caravelle Commons  IN
                                     Cooperative.
00055019..........................  Glenarden I        MD
                                     Apartments.
00055019..........................  Glenarden I        MD
                                     Apartments.
00012005..........................  Glenarden II       MD
                                     Apartments.
00012005..........................  Glenarden II       MD
                                     Apartments.
00012005..........................  Glenarden II       MD
                                     Apartments.
00012005..........................  Glenarden II       MD
                                     Apartments.
05235079..........................  Perrywood Garden   MD
                                     Apartments.
02235011..........................  Maple Knolls       ME
                                     Apartments.
02235011..........................  Maple Knolls       ME
                                     Apartments.
09335056..........................  Eagles Manor No.   MT
                                     2.
04235042..........................  Chip Apartments    OH
                                     II.
04244008..........................  Ralston Square     OH
                                     Apartments.
04235180..........................  Rockefeller Park   OH
                                     Towers.
11235145..........................  Belle Oaks         TX
                                     Apartments.
13355006..........................  Villa Del Norte    TX
                                     Apartments.
13355006..........................  Villa Del Norte    TX
                                     Apartments.
13344034..........................  Woodcrest          TX
                                     Apartments.
13344034..........................  Woodcrest          TX
                                     Apartments.
05135057..........................  Rivermont          VA
                                     Apartments.
------------------------------------------------------------------------

    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 January 1, 1998. 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: September 22, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waivers. 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.
    Contact: Dan Sullivan, Office of Multifamily Housing Assistance 
Restructuring, Department of Housing and Urban Development, Portals 
Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410; 
telephone (202) 708-0001.

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

    For further information about the following waiver actions, please 
see the name of the person which immediately follows the description of 
the waiver granted.
     Regulation: 24 CFR 950.980 as in effect at the time of 
grant award.
    Project/Activity: A request was made by the Cheyenne River Housing 
Authority (CRHA), Eagle Butte, South Dakota, for a one-year extension 
of their FY 1994 FIC grant to continue support and funding for their 
Single Mother's Self-Sufficiency Program.

[[Page 5395]]

    Nature of Requirement: While no longer in effect, HUD's regulations 
at 24 CFR 950.980 governed the Family Investment Center (FIC) program 
at the time of the initial grant award. The FIC program does not have 
current regulations and the NOFA does not provide guidance on grant 
term extensions. The application kit states that the grant term will be 
of three to five years duration, depending upon the activities 
undertaken.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: June 19, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The FIC grant awarded to the CRHA has funded the Single 
Mother's Self-Sufficiency Program which has provided basic life skills, 
training and transitional housing for many homeless single mothers, as 
well as educational opportunities to seventy-four young women, thirty-
three of which have completed their entire educational plan; forty-one 
of the participating that have not completed their goals will be able 
to achieve them during this additional year of operating the program; 
the success of the program has prompted the Board of Directors to 
approve a pilot program for single fathers, providing the same services 
to men in the area; and the CRHA has been highly competent in 
submitting their annual reports and financial status reports to the 
Northern Plains ONAP in a timely manner.
    Contact: Tracy C. Outlaw, National Office of Native American 
Programs (ONAP), Department of Housing and Urban Development, 1999 
Broadway--Suite 3390, Denver, Colorado 80202, telephone: (303) 675-
1600.
     Regulation: 24 CFR 963.10(d).
    Project/Activity: Tampa Housing Authority, Florida, Public Housing 
Program.
    Nature of Requirement: HUD's regulation at 24 CFR 963.10(d) 
restricts a public housing agency (PHA) from contracting with a 
resident-owned business in excess of $1,000,000.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: July 26, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Approval of the waiver permitted the PHA to exceed the limit 
for contracting with resident-owned businesses and closed two Regional 
Inspector General Audit findings against the PHA.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC 
20410, telephone: (202) 708-0477.
     Regulation: 24 CFR 982.306(d).
    Project/Activity: Vermont State Housing Authority, Vermont, Housing 
Choice Voucher Program.
    Nature of Requirement: HUD's regulation at 24 CFR 982.306(d) limits 
the circumstances under which a public housing agency may approve the 
leasing of a unit if the owner of the unit is a close relative of the 
family.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: August 2, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Approval of the waiver permitted a voucher holder to lease a 
unit from a relative because of the unavailability of suitable vacant 
rental housing in the PHA's jurisdiction.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC 
20410, telephone: (202) 708-0477.
     Regulation: 24 CFR 982.306(d).
    Project/Activity: Saint Paul Public Housing Agency, Minnesota, 
Housing Choice Voucher Program.
    Nature of Requirement: HUD's regulation at 24 CFR 982.306(d) limits 
the circumstances under which a public housing agency may approve the 
leasing of a unit if the owner of the unit is a close relative of the 
family.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: August 7, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Approval of the waiver permitted a large family to find 
suitable housing to lease under the housing choice voucher program. The 
availability of vacant units with three or more bedrooms in the PHA's 
jurisdiction was extremely low. The market area vacancy rate was less 
than one percent.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC 
20410, telephone: (202) 708-0477.
     Regulation: 24 CFR 982.306(d).
    Project/Activity: Northeast Nebraska Joint Housing Authority, 
Nebraska, Housing Choice Voucher Program
    Nature of Requirement: HUD's regulation at 24 CFR 982.306(d) limits 
the circumstances under which a public housing agency (PHA) may approve 
the leasing of a unit if the owner of the unit is a close relative of 
the family.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: August 11, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Approval of the waiver permitted a voucher holder to lease a 
unit from a relative in a small rural area where there was limited 
availability of eligible housing units to lease under the program.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC 
20410, telephone: (202) 708-0477.
     Regulation: 24 CFR 983.4(a)(3).
    Project/Activity: Burlington Housing Authority (BHA), Vermont, 
Project-Based Certificate Program.
    Nature of Requirement: HUD's regulation at 24 CFR 983.4(a)(3) 
governs HUD approval of PHA submissions of intent to attach Project 
based assistance to units. Project-based units proposed for attachment 
may not be under a tenant-based or Project-based HAP contract or 
otherwise committed through issuance of certificates or under 
agreements to enter into HAP contract.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: July 20, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. Approval of the waiver permitted applicants on the BHA waiting 
list to be assisted sooner, since BHA will not be required to hold 
voucher assistance as long for future Project-based use, and the waiver 
also permitted improved utilization of BHA voucher funding during the 
ACC terms of voucher increments consistent with HUD policy to fully use 
units reserved under the ACC and allocated budget authority.
    Contact: Gerald Benoit, Director, Real Estate and Housing 
Performance Division, Office of Public and Indian Housing, Department 
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC 
20410, telephone: (202) 708-0477.
     Regulation: 24 CFR 1000.214.
    Project/Activity: A request was made by the Match-E-Be-Nash-Shw-
Wish band of Pottawatomi Indians (MBPI), Door, Michigan, to submit 
their Indian Housing Plan (IHP) to the Eastern Woodlands beyond the due 
date of July 1, 1999.

[[Page 5396]]

    Nature of Requirement: HUD's regulation at 24 CFR 1000.214 states 
that IHPs must be initially sent by the recipient to the Area ONAP no 
later than July 1. Section 1000.216 states that if the IHP is not 
initially sent by July 1, the recipient will not eligible for IHBG 
funds for that fiscal year.
    Granted By: Harold Lucas, Assistant Secretary for Public and Indian 
Housing.
    Date Granted: August 7, 2000.
    Reason Waived: HUD determined that there was good cause for the 
waiver. The MBPI was unable to meet the submission date for the FY 2000 
IHP due to circumstances beyond their control. The MBPI was federally 
recognized on August 23, 1999, and has spent most of the last year 
working to establish the basic elements for the MBPI's government and 
organization. Healthcare was the MBPI's first priority, so a health 
program was established. The small staff was unable to work on housing 
issues in addition to all other activities. The MBPI can now address 
the housing issues.
    Contact: Tracy C. Outlaw, National Office of Native American 
Programs (ONAP), Department of Housing and Urban Development, 1999 
Broadway--Suite 3390, Denver, Colorado 80202, Telephone: (303) 675-
1600.

[FR Doc. 01-1537 Filed 1-17-01; 8:45 am]
BILLING CODE 4210-33-P