[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Notices]
[Pages 63110-63119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30124]
[[Page 63109]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Notice of Regulatory Waiver Requests Granted; Notice
Federal Register / Vol. 63, No. 217 / Tuesday, November 10, 1998 /
Notices
[[Page 63110]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4378-N-01]
Notice of Regulatory Waiver Requests Granted
AGENCY: Office of the Secretary, HUD.
ACTION: Public notice of the granting of regulatory waivers from
January 1, 1998 through March 31, 1998.
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SUMMARY: Under the Department of Housing and Urban Development Reform
Act of 1989 (Reform Act), HUD is required to make public all approval
actions taken on waivers of regulations. This notice is the twenty-
ninth in a series, being published on a quarterly basis, providing
notification of waivers granted during the preceding reporting period.
The purpose of this notice is to comply with the requirements of
section 106 of the Reform Act.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Assistant General Counsel for
Regulations, Room 10276, Department of Housing and Urban Development,
451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3055
(this is not a toll-free number). Hearing or speech-impaired persons
may access this number via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8391.
For information concerning a particular waiver action for which
public notice is provided in this document, contact the person whose
name and address is set out for the particular item, in the
accompanying list of waiver-grant actions.
SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development
Reform Act of 1989 (the Reform Act), the Congress adopted, at HUD's
request, legislation to limit and control the granting of regulatory
waivers by HUD. Section 106 of the Reform Act added a new section 7(q)
to the Department of Housing and Urban Development Act (2 U.S.C.
3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary rank or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived, and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request;
e. State how additional information about a particular waiver grant
action may be obtained.
Section 106 of the Reform Act also contains requirements applicable
to waivers of HUD handbook provisions that are not relevant to the
purpose of this notice.
Today's document follows publication of HUD's Statement of Policy
on Waiver of Regulations and Directives issued by HUD on April 22, 1991
(56 FR 16337). This is the twenty-ninth notice of its kind to be
published under section 106 of the Reform Act. This notice updates
HUD's waiver-grant activity from January 1, 1998 through March 31,
1998.
For ease of reference, waiver requests granted by departmental
officials authorized to grant waivers are listed in a sequence keyed to
the section number of the HUD regulation involved in the waiver action.
For example, a waiver-grant action involving exercise of authority
under 24 CFR 58.73 (involving the waiver of a provision in 24 CFR part
58) would come early in the sequence, while waivers of 24 CFR part 990
would be among the last matters listed.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement in title 24 that is being
waived as part of the waiver-grant action. (For example, a waiver of
both Sec. 58.73 and Sec. 58.74 would appear sequentially in the listing
under Sec. 58.73.)
Waiver-grant actions involving the same initial regulatory citation
are in time sequence beginning with the earliest-dated waiver grant
action.
Should HUD receive additional reports of waiver actions taken
during the period covered by this report before the next report is
published, the next updated report will include these earlier actions,
as well as those that occurred between April 1, 1998 through June 30,
1998.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: November 4, 1998.
Andrew Cuomo,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Officers of the Department of Housing and Urban Development January
1, 1998 through March 31, 1998
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly before each set of waivers granted.
For items 1 and 2, waivers granted for 24 CFR part 5, contact:
Gloria J. Cousar, Deputy Assistant Secretary for Public and Assisted
Housing Delivery, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW, Room 4126, Washington, DC 20410; telephone (202)
401-8812 (this is not a toll-free number). Hearing or speech-impaired
persons may access this number via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8391.
1. Regulation: 24 CFR 5.613.
Project/activity: A request was made by the Chicago Housing
Authority (CHA), of Chicago, IL, to permit the establishment of ceiling
rents for its entire low-rent inventory.
Nature of requirement: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following, rounded
to the nearest dollar: (1) 30 percent of Monthly Adjusted Income; (2)
10 percent of monthly income; (3) if the family receives Welfare
assistance from a public agency and a part of such payments is
specifically designated by such agency to meet the family's housing
costs, the monthly portion of such payments which is so designated; or
(4) the minimum rent set by the PHA.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date granted: February 25, 1997.
Reason waived: The establishment of ceiling rents will permit the
CHA to attract wage-earning, low-income applicants, and will help
improve the CHA's current vacancy ratio.
2. Regulation: 24 CFR 5.613.
Project/activity: A request was made by the Stevens Point Housing
Authority (SPHA), of Stevens Point, WI, to permit the establishment of
ceiling rents for certain of its hard-to-rent units.
Nature of requirement: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following, rounded
to the nearest dollar: (1) 30 percent of Monthly Adjusted Income; (2)
10 percent of
[[Page 63111]]
Monthly Income; (3) if the family receives Welfare assistance from a
public agency and a part of such payments is specifically designated by
such agency to meet the family's housing costs, the monthly portion of
such payments which is so designated; or (4) the minimum rent set by
the PHA.
Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary for
Public and Indian Housing.
Date granted: March 14, 1997.
Reason waived: The establishment of ceiling rents will permit the
SPHA to reduce their vacancy rate and attract a wider range of low-
income families.
For items 3 through 24, waivers granted for 24 CFR parts 42, 91,
and 92, contact: Debbie Ann Wills, Field Management Officer, U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW,
Room 7152, Washington, DC 20410; telephone (202) 708-2565 (this is not
a toll-free number). Hearing or speech-impaired persons may access this
number via TTY by calling the toll-free Federal Information Relay
Service at 1-800-877-8391.
3. Regulation: 24 CFR 42.375.
Project/activity: The State of Ohio requested a waiver of the one-
for-one replacement requirements for the use of Community Development
Block Grant (CDBG) supplemental disaster appropriations.
Nature of requirement: Section 101(c) of the Housing and Community
Development Act of 1974, and the implementing regulations at 24 CFR
42.375 require that lower-income dwelling units that are demolished in
connection with a CDBG-assisted activity be replaced with comparable
lower-income dwelling units.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date granted: January 8, 1998.
Reasons waived: HUD waived the regulations to allow the State to
implement a voluntary program to acquire properties in a flood plain
and maintain the properties for open space or recreational purposes.
Such property use is required by the Hazard Mitigation Grant Program
administered by the Federal Emergency Management Agency (FEMA).
4. Regulation: 24 CFR 42.375.
Project/activity: The State of Indiana requested a waiver of the
one-for-one replacement requirements for the use of Community
Development Block Grant (CDBG) supplemental disaster appropriations.
Nature of requirement: Section 101(c) of the Housing and Community
Development Act of 1974, as amended and implementing regulations at 24
CFR 42.375 require that lower-income dwelling units that are demolished
in connection with a CDBG-assisted activity be replaced with comparable
lower-income dwelling units.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date granted: March 18, 1998.
Reasons waived: HUD waived the regulation to permit the State to
acquire and demolish 79 properties in the flood plain, as part of the
State's Hazard Mitigation Grant Program.
5. Regulation: 24 CFR 91.10(b).
Project/activity: The State of Maine requested a waiver of the
requirement that a jurisdiction notify HUD in writing regarding changes
in its program year.
Nature of requirement: HUD's Consolidated Plan regulations at 24
CFR 91.10(b) require that once a jurisdiction's program year is
established, the jurisdiction may either shorten or lengthen its
program year provided that it notifies HUD in writing at least two
months before the change in the program year.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date granted: March 26, 1998.
Reasons waived: The waiver permitted the State to: (1) Expedite the
distribution of funds to homeowners who may have not been eligible for
disaster funds; (2) Respond to public forum requests for changes; and
(3) Make the change prior to the beginning of citizen participation
cycle for the five year consolidated plan.
6. Regulation: 24 CFR 91.225(b)(4).
Project/activity: Lakewood, Ohio requested that it be permitted to
modify its selected time period for complying with the requirement that
it expend at least 70 percent of its Community Development Block Grant
(CDBG) funds for activities that benefit low and moderate income
persons.
Nature of requirement: HUD's Consolidated Plan regulations at 24
CFR 91.225(b)(4) provide that each CDBG grantee must certify that it
will achieve the primary objective of the CDBG program (using program
money for activities that benefit low and moderate income persons).
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: January 9, 1998.
Reasons Waived: The City of Lakewood planned to address a critical
infrastructure need of the City by undertaking a large slums and blight
project. The City would have been unable to meet the financial needs of
this project if the waiver had been denied.
7. Regulation: 24 CFR 92.252(b).
Project/Activity: The City of New York requested a waiver of the
HOME program regulation relating to the calculation of rents charged
for units occupied by very low income households. The City requested
that it be permitted to adjust the rents for 103 of these units by
using the Section 8 program rents instead.
Nature of Requirement: HUD's HOME program regulations at 24 CFR
92.252(b) require that rental projects with five or more HOME-assisted
rental units, 20 percent of the HOME-assisted units must be occupied by
very low income families. Further, Sec. 90.252(b) a cap on the maximum
rent that can be charged to these families (30 percent of the family's
annual or adjusted income, depending on the median income of the area).
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: February 18, 1998.
Reasons Waived: HUD granted the waiver because the restructuring of
rents for 103 units would have imposed an administrative burden on the
City.
8. Regulation: 24 CFR 92.254.
Project/Activity: Washington County, Oregon requested a waiver of
the requirement that property be transferred to a homebuyer within 42
months after project completion. This waiver would extend the maximum
lease period to 60 months for low income first time homebuyers.
Nature of Requirement: HUD's HOME program regulations at 24 CFR
92.254(a) require that property be transferred to a homebuyer within
forty-two (42) months after project completion.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 16, 1998.
Reasons Waived: The waiver was granted because it would allow
potential lease purchasers of 14 new construction townhouses sufficient
time to accumulate funds for downpayments and closing costs.
For Item 9, Waiver Granted for 24 CFR Part 203, Contact: Mark
Holman, Chief, Mortgage Underwriting and Insurance Branch, Home
Mortgage Insurance Division, U.S. Department of Housing and Urban
Development, 451 7th Street, SW, Room 9270, Washington, D.C. 20410-
7000; telephone: (202) 708-1220 (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.
[[Page 63112]]
9. Regulation: 24 CFR 203.49(c).
Project/Activity: Waiver of the requirements of 24 CFR 203.49(c) to
extend the initial adjustment dates for adjustable rate mortgage (ARM)
loans beyond the 12 to 18 month window currently provided for in the
regulation.
Nature of Requirement: The regulation provides that lenders may
extend the initial interest rate adjustment dates on ARM loans thus
rendering the loans eligible for placement in Ginnie Mae pools.
Ineligibility of the loans for delivery to Ginnie Mae would result in
financial hardship to the mortgagee and will not have an adverse impact
on any mortgagors.
Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner and Art Agnos, Acting General Assistant
Secretary for Housing-Federal Housing Commissioner.
Dates Granted: Four waivers: two on March 23, 1998 and two on
January 8, 1998.
Reasons Waived: Mortgagees (Banc One, Homeside Lending and
HomeTrust) requested to extend the initial change date for ARM loans
beyond the 12-18 month window period as required by 24 CFR 203.49(c).
Approving the waiver enabled the lender to securitize the loans and
rendered no harm to the borrowers or the Department.
For Items 10 Through 25, Waivers Granted for 24 CFR Parts 570 and
576, Contact: Debbie Ann Wills, Field Management Officer, U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW,
Room 7152, Washington, DC 20410; telephone (202) 708-2565 (this is not
a toll-free number). Hearing or speech-impaired persons may access this
number via TTY by calling the toll-free Federal Information Relay
Service at 1-800-877-8391.
10. Regulation: 24 CFR 570.1(c) (which codifies section 101(c) of
the Housing and Community Development Act of 1974, as amended).
Project/Activity: Rapid City, South Dakota requested a waiver of
the requirement that at least 50 of its HUD disaster recovery funds be
used for activities which benefit low- and moderate-income persons.
Nature of Requirement: Section 101(c) of the Housing and Community
Development Act of 1974, as amended (which HUD has codified in its CDBG
regulations at 24 CFR 570.1(c)) requires that CDBG funds principally
benefit low and moderate income persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: February 27, 1998.
Reasons Waived: Chapter 10 of Title II of the 1997 Emergency
Supplemental Appropriations Act for Recovery from Natural Disasters
authorizes HUD to suspend certain statutory and regulatory provisions
that would otherwise apply to the use of disaster recovery funds in a
federal disaster area. The Assistant Secretary granted the waiver
because the City indicated little disaster effect on low and moderate
income residents.
11. Regulation: 24 CFR 570.1(c) (which codifies section 101(c) of
the Housing and Community Development Act of 1974, as amended).
Project/Activity: Grand Forks County, North Dakota requested a
waiver of the requirement that at least 50 of its HUD disaster recovery
funds be used for activities which benefit low- and moderate-income
persons.
Nature of Requirement: Section 101(c) of the Housing and Community
Development Act of 1974, as amended (which HUD has codified in its CDBG
regulations at 570.1(c)) requires that CDBG funds principally benefit
low- and moderate-income persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 12, 1998.
Reasons Waived: Chapter 10 of Title II of the 1997 Emergency
Supplemental Appropriations Act for Recovery from Natural Disasters
authorizes HUD to suspend certain statutory and regulatory provisions
that would otherwise apply to the use of disaster recovery funds in a
federal disaster area. The Assistant Secretary determined that the
County's proposal to use its allocation to rebuild county offices that
would house social service offices, sheriff/correctional offices, and
emergency offices, served a public purpose.
12. Regulation: 24 CFR 570.1(c) (which codifies section 101(c) of
the Housing and Community Development Act of 1974, as amended).
Project/Activity: Traill County, North Dakota requested a waiver of
the requirement that at least 50 of its HUD disaster recovery funds be
used for activities which benefit low and moderate income persons.
Nature of Requirement: Section 101(c) of the Housing and Community
Development Act of 1974, as amended (which HUD has codified in its CDBG
regulations at 570.1(c)) requires that program funds principally
benefit low and moderate income persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 12, 1998.
Reasons Waived: Chapter 10 of Title II of the 1997 Emergency
Supplemental Appropriations Act for Recovery from Natural Disasters
authorizes HUD to suspend certain statutory and regulatory provisions
that would otherwise apply to the use of disaster recovery funds in a
federal disaster area. The requirement was waived because all unmet
needs of low and moderate income disaster victims were addressed.
13. Regulation: 24 CFR 570.1(c) (which codifies section 101(c) of
the Housing and Community Development Act of 1974, as amended).
Project/Activity: Pembina County, North Dakota requested a waiver
of the requirement that at least 50 percent of its HUD disaster
recovery funds be used for activities which benefit low- and moderate-
income persons.
Nature of Requirement: Section 101(c) of the Housing and Community
Development Act of 1974, as amended (which HUD has codified in its CDBG
regulations at 24 CFR 570.1(c)) requires that CDBG funds principally
benefit low and moderate income persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 24, 1998.
Reasons Waived: Chapter 10 of Title II of the 1997 Emergency
Supplemental Appropriations Act for Recovery from Natural Disasters
authorizes HUD to suspend certain statutory and regulatory provisions
that would otherwise apply to the use of disaster recovery funds in a
federal disaster area. The Assistant Secretary granted the waiver to
allow HUD Disaster Recovery Initiative funds to assist disaster victims
at all income levels, since other resources were being used to address
the needs of low- and moderate-income people.
14. Regulation: 24 CFR 570.1(c) (which codifies section 101(c) of
the Housing and Community Development Act of 1974, as amended).
Project/Activity: Mercer County, North Dakota requested a waiver of
the requirement that at least 50 of its HUD disaster recovery funds be
used for activities which benefit low- and moderate-income persons.
Nature of Requirement: Section 101(c) of the Housing and Community
Development Act of 1974, as amended (which HUD has codified in its CDBG
regulations at 24 CFR 570.1(c)) requires that CDBG program funds
principally benefit low- and moderate-income persons.
[[Page 63113]]
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 25, 1998.
Reasons Waived: Chapter 10 of Title II of the 1997 Emergency
Supplemental Appropriations Act for Recovery from Natural Disasters
authorizes HUD to suspend certain statutory and regulatory provisions
that would otherwise apply to the use of disaster recovery funds in a
federal disaster area. The Assistant Secretary granted the waiver
because the community lacked sufficient concentrations of lower income
populations. Also, without the waiver the County would not be able to
implement critically needed mitigation and repair projects, and other
safety measures.
15. Regulation: 24 CFR 570.208(a)(3).
Project/Activity: The City of Oakland, California requested a
waiver of the Community Development Block Grant (CDBG) regulations at
24 CFR 570.208(a)(3) to permit the use of CDBG funds to assist in the
development of a mixed income single family housing project.
Nature of Requirement: The CDBG regulations at 24 CFR 570.208(a)(3)
require, as a general rule, that CDBG-assisted housing structures
principally benefit low- and moderate-income households.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: January 9, 1998.
Reasons Waived: The application of the regulations would have
created undue hardship and adversely affected the purposes of the CDBG
program because the City would have been unable to sell 49 percent of
the homes to families at 120 percent of the area median income. If the
City had been prohibited from doing so, a high level of additional
resources would have been needed to make the project financially
feasible. HUD determined that making this project financially possible
met the purposes of the CDBG program.
16. Regulation: 24 CFR 570.208(a)(3).
Project/Activity: The City of St. Louis, Missouri requested a
waiver of the Community Development Block Grant (CDBG) regulations at
24 CFR 570.208(a)(3) to permit the use of CDBG funds to assist in
converting two non-residential structures into mixed income residential
structures where less than 51 percent of the units in each structure
will be occupied by low and moderate income households.
Nature of Requirement: The CDBG regulations at 24 CFR 570.208(a)(3)
require, as a general rule, that CDBG-assisted housing structures
principally benefit low- and moderate-income households.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: January 9, 1998.
Reasons Waived: The application of the regulation would have
adversely affected the purposes of the CDBG program by impeding the
provision of affordable housing in the central business district.
Denial of the waiver request would have adversely impacted affect the
City's ability to create mixed income housing development in the
central city.
17. Regulation: 24 CFR 570.309.
Project/Activity: Milwaukee and Waukesha Counties, Wisconsin
requested a waiver of the regulation that restricts assistance of
activities outside the jurisdiction of the Community Development Block
Grant (CDBG) recipient to those that benefit residents within the
grantee's jurisdiction.
Nature of Requirement: HUD's CDBG regulations at 24 CFR 570.309
provides that a grantee can only provide CDBG funds for an activity
outside of the grantee's jurisdiction if certain conditions are met.
First, the grantee must determine that the activity is needed to
further the purposes of the CDBG program and the grantee's community's
development objectives. Secondly, the grantee must determine that
reasonable benefits from the activity will accrue to residents within
the jurisdiction of the grantee.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 13, 1998.
Reasons Waived: The 1997 Emergency Supplemental Appropriations Act
for Recovery from Natural Disasters authorizes HUD to suspend certain
statutory and regulatory provisions that would otherwise apply to the
use of disaster recovery funds in a federal disaster area. The
regulatory requirement was waived because the needs of low- and
moderate-income disaster victims were being addressed by the Counties.
18. Regulation: 24 CFR 576.21.
Project/Activity: The Government of Puerto Rico, requested a waiver
of the Emergency Shelter Grants (ESG) program regulations at 24 CFR
576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: January 30, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The Commonwealth
provided a letter that demonstrated that other categories of ESG
activities will be carried out locally with other resources, therefore,
it was determined that the waiver was appropriate.
19. Regulation: 24 CFR 576.21.
Project/Activity: The State of New York, requested a waiver of the
Emergency Shelter Grants (ESG) program regulations at 24 CFR 576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: January 30, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The State provided
a letter that demonstrated that other categories of ESG activities will
be carried out locally with other resources. Accordingly, HUD
determined that the waiver was appropriate.
20. Regulation: 24 CFR 576.21.
Project/Activity: New York City, New York requested a waiver of the
Emergency Shelter Grants (ESG) program regulations at 24 CFR 576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
[[Page 63114]]
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: February 10, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The City provided a
letter that demonstrated that other categories of ESG activities will
be carried out locally with other resources. Accordingly, HUD
determined that the waiver was appropriate.
21. Regulation: 24 CFR 576.21.
Project/Activity: The State of Wisconsin requested a waiver of the
Emergency Shelter Grants (ESG) program regulations at 24 CFR 576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: February 17, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The State provided
a letter that demonstrated that other categories of ESG activities will
be carried out locally with other resources. Accordingly, HUD
determined that the waiver was appropriate.
22. Regulation: 24 CFR 576.21.
Project/Activity: The City of Binghamton, New York requested a
waiver of the Emergency Shelter Grants (ESG) program regulations at 24
CFR 576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: February 26, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The City provided a
letter that demonstrated that other categories of ESG activities will
be carried out locally with other resources. Accordingly, HUD
determined that the waiver was appropriate.
23. Regulation: 24 CFR 576.21.
Project/Activity: The City of Colorado Springs, Colorado requested
a waiver of the Emergency Shelter Grants (ESG) program regulations at
24 CFR 576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 10, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The City provided a
letter that demonstrated that other categories of ESG activities will
be carried out locally with other resources. Accordingly, HUD
determined that the waiver was appropriate.
24. Regulation: 24 CFR 576.21.
Project/Activity: The State of California requested a waiver of the
Emergency Shelter Grants (ESG) program regulations at 24 CFR 576.21.
Nature of Requirement: HUD's regulation at 24 CFR 576.21 state that
recipients of ESG grant funds are subject to the limits on the use of
assistance for essential services established in section 414(a)(2)(B)
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11374(a)(2)(B)). Essential services are commonly defined as services
that provide health, employment, drug abuse, and education to homeless
persons.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 26, 1998.
Reasons Waived: Under the Stewart B. McKinney Homeless Assistance
Act, amended by the National Affordable Housing Act the 30 percent cap
on essential services may be waived if the grantee ``demonstrates that
the other eligible activities under the program are already being
carried out in the locality with other resources.'' The State provided
a letter that demonstrated that other categories of ESG activities will
be carried out locally with other resources. Accordingly, HUD
determined that the waiver was appropriate.
25. Regulation: 24 CFR 576.35.
Project/Activity: The State of California requested a waiver of the
Emergency Shelter Grants (ESG) Program regulations at 24 CFR
576.35(a)(2)(ii).
Nature of Requirement: HUD's regulations at 24 CFR 576.35(a)(2)(ii)
requires that State recipients receiving grants for homeless prevention
activities must spend the funds within 180 days from the date on which
the State made the grant funds available to its recipient.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 26, 1998.
Reasons Waived: The State requested the waiver in order to enable
recipients to have funds available for prevention activities during the
winter months.
For Item 26, Waiver Granted for 24 CFR Part 761, Contact: Bruce
Knott, Director of Housing and Community Development, U.S. Department
of Housing and Urban Development, National Office of Native American
Programs, 1999 Broadway, Box 90, Denver, CO 80202; telephone (303) 675-
1600 (this is not a toll-free number). Hearing or speech-impaired
persons may access this number via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8391.
26. Regulation: 24 CFR 761.30(b).
Project/Activity: A request was made by the Pueblo of Acoma Housing
Authority (PAHA) for an 18-month extension of their fiscal year 1995
Public and Indian Housing Drug Elimination Grant Program (PIHDEP)
grant.
[[Page 63115]]
Nature of Requirement: The regulations state that the terms of the
grant agreement may not exceed 24 months for the PIHDEP program and
that only one 6-month extension is allowed. If the grant funds are not
expended at the end of the grant term, funds must be remitted to HUD.
Granted by: Deborah Vincent, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 18, 1998.
Reason Waived: The original grant was awarded to the All Indian
Pueblo Housing Authority (AIPHA), an umbrella housing authority that
served 11 tribes in New Mexico, including the PAHA. When AIPHA was
terminated, the grant was transferred to the newly-created PAHA, which
wanted to implement the drug prevention/intervention and youth
activities that were specified in the approved drug elimination
comprehensive plan. A waiver of the regulations was granted to PAHA so
that they would be able to successfully implement all drug elimination
activities in their community by the end of the extended time frame.
For Items 27 Through 30, Waivers Granted for 24 CFR Part 761,
Contact: Gloria J. Cousar, Deputy Assistant Secretary for Public and
Assisted Housing Delivery, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Room 4126, Washington, DC 20410;
telephone (202) 401-8812 (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.
27. Regulation: 24 CFR 761.30(b).
Project/Activity: Redevelopment and Housing Authority of the City
of Portsmouth, Virginia; Public and Indian Housing Drug Elimination
Program (Grant #VA36DEP0010195).
Nature of Requirement: The regulations state that the terms of the
grant agreement may not exceed 24 months for the Public and Indian
Housing Drug Elimination Grant Program and that only one 6-month
extension is allowed. If the grant funds are not expended at the end of
the grant term, funds must be remitted to HUD.
Granted by: Kevin E. Marchman, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 25, 1998.
Reason Waived: The waiver was granted in order to permit the
Portsmouth Redevelopment and Housing Authority to complete its adult
basic education and job training programs. These programs were not part
of the Authority's original grant. Accordingly, the Authority needed
the additional time to establish evaluation criteria and negotiate
contracts for these programs.
28. Regulation: 24 CFR 761.30(b).
Project/Activity: Housing Authority of the City of York,
Pennsylvania; Public and Indian Housing Drug Elimination Grant Program
(Grant #PA26DEP0220195).
Nature of Requirement: The regulations state that the terms of the
grant agreement may not exceed 24 months for the Public and Indian
Housing Drug Elimination Grant Program and that only one 6-month
extension is allowed. If the grant funds are not expended at the end of
the grant term, funds must be remitted to HUD.
Granted by: Deborah Vincent, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 1998.
Reason Waived: The waiver was granted in order to permit the York,
Pennsylvania Housing Authority three additional months to complete its
grant activities (such as foot patrols and other community police
services). The extension will also allow the Housing Authority to
purchase a van for drug-prevention activities.
29. Regulation: 24 CFR 761.30(b).
Project/Activity: Housing Authority of the City of Waycross,
Georgia; Public and Indian Housing Drug Elimination Grant Program
(Grant #GA06DEP0280195).
Nature of Requirement: The regulations state that the terms of the
grant agreement may not exceed 24 months for the Public and Indian
Housing Drug Elimination Grant Program and that only one 6-month
extension is allowed. If the grant funds are not expended at the end of
the grant term, funds must be remitted to HUD.
Granted by: Deborah Vincent, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 1998.
Reason Waived: The waiver was granted to provide the Waycross
Housing Authority with six additional months for completing its grant
activities. The extension was necessary to permit the Housing Authority
to use grant funds originally budgeted for policing activities to be
used for other drug-prevention activities.
30. Regulation: 24 CFR 761.30(b).
Project/Activity: Housing Authority of the City of Concord, New
Hampshire; Public and Indian Housing Drug Elimination Program (Grant
#NH36DEP005-0195).
Nature of Requirement: The regulations state that the terms of the
grant agreement may not exceed 24 months for the Public and Indian
Housing Drug Elimination Grant Program and that only one 6-month
extension is allowed. If the grant funds are not expended at the end of
the grant term, funds must be remitted to HUD.
Granted by: Deborah Vincent, General Deputy Assistant Secretary for
Public and Indian Housing.
Date Granted: March 27, 1998.
Reason Waived: The departure of the Concord Housing Authority's
Executive Director and Drug Prevention Coordinator delayed the
implementation of its Public and Indian Housing Drug Elimination
Program grant. The extension of the grant term will permit the Housing
Authority to use the remaining grant funds to install lighting in and
around some of the Housing Authority buildings and on the street.
For Item 31, Waiver Granted for 24 CFR Part 811, Contact: James B.
Mitchell, Acting Director, Special Projects Division, U.S. Department
of Housing and Urban Development, 451 7th Street, SW, Room 6164,
Washington, DC 20410; telephone (202) 708-3730 (this is not a toll-free
number). Hearing or speech-impaired persons may access this number via
TTY by calling the Federal Information Relay Service at 1-800-877-8391.
31. Regulation: 24 CFR 811.104(b).
Project/Activity: Refunding of bonds which financed a HODAG
assisted project in Palm Beach County, Florida (Spinnaker Landing
Apartments, Project No. FL002-HG402).
Nature of Requirement: The regulation prohibits payment of a fee to
a Housing Authority other than for actual expenses of a bond refunding
transaction.
Granted by: Art Agnos, Acting General Deputy Assistant Secretary
for Housing-Federal Housing Commissioner.
Date Granted: March 15, 1998.
Reasons Waived: The refunding bonds were issued on terms which
reduced debt service to strengthen the financial condition of the
project, transferred ownership to a new entity, and redeemed 1988 bonds
which were in default. The Palm Beach County Housing Authority received
a fee of $32,500 for its participation in this transaction. Because
this fee was paid by the project owner and not from refunding bond
proceeds or from debt service reserve residual balances, good cause
existed to waive Sec. 811.104(b).
For Items 32 and 33, Waivers Granted for 24 CFR Part 882, Contact:
Debbie Ann Wills, Field Management Officer, U.S. Department of Housing
and Urban
[[Page 63116]]
Development, 451 Seventh Street, SW, Room 7152, Washington, DC 20410;
telephone (202) 708-2565 (this is not a toll-free number). Hearing or
speech-impaired persons may access this number via TTY by calling the
toll-free Federal Information Relay Service at 1-800-877-8391.
32. Regulation: 24 CFR 882.803(a)(3).
Project/Activity: The New England Shelter near Boston,
Massachusetts proposed using Section 8 Moderate Rehabilitation Single
Room Occupancy (SRO) program funds to renovate a building located on
the grounds of a Veterans Administration Memorial Hospital.
Nature of Requirement: HUD's regulation at 24 CFR 882.803(a)(3)
provides that units on the grounds of penal, reformatory, medical,
mental, and similar public or private institutions are not eligible for
Section 8 Moderate Rehabilitation SRO program funds.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning & Development.
Date Granted: February 18, 1998.
Reasons Waived: The waiver was granted because of the
organization's difficulty in finding an appropriate site. Failure to
approve the waiver would have resulted in further delays for this
project, which will provide much needed housing for the locality's
homeless population.
33. Regulation: 24 CFR 882.408(a).
Project/Activity: The Metro Dade Housing Authority requested a
waiver, to increase the Fair Market Rent (FMR) in its Section 8
Moderate Rehabilitation Single Room Occupancy (SRO) program for a
single project.
Nature of Requirement: HUD's regulation at 24 CFR 882.408(a)
provides that rental housing assisted with SRO funds cannot charge
rents that exceed the current Section 8 FMR.
Granted by: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
Date Granted: March 10, 1998.
Reasons Waived: The waiver was granted because the Housing
Authority documented that the SRO rents in its locality were higher
than the published FMR.
For Items 34 Through 38, Waivers Granted for 24 CFR Part 891,
Contact: Willie Spearmon, Director, Office of Business Products, Office
of Housing, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW, Room 6134, Washington, DC 20410; telephone (202)
708-3000 (this is not a toll-free number). Hearing or speech-impaired
persons may access this number via TTY by calling the toll-free Federal
Information Relay Service at 1-800-877-8391.
34. Regulation: 24 CFR 891.100(d).
Project/Activity: Dorothea Dix House.
Nature of Requirement: HUD's regulations at 24 CFR part 891
describe the policies and procedures governing supportive housing for
the elderly and persons with disabilities. The regulation at
Sec. 891.100(d) provides that HUD may amend the amount of an approved
capital advance only after initial closing has occurred.
Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 15, 1998.
Reasons Waived: HUD approved the waiver request in order to assure
the feasibility of the Dorothea Dix House.
35. Regulation: 24 CFR 891.100(d).
Project/Activity: Valentine Good Samaritan Housing Project.
Nature of Requirement: HUD's regulations at 24 CFR part 891
describe the policies and procedures governing supportive housing for
the elderly and persons with disabilities. The regulation at
Sec. 891.100(d) provides that HUD may amend the amount of an approved
capital advance only after initial closing has occurred.
Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 3, 1998.
Reasons Waived: HUD approved the waiver request in order to assure
the feasibility of the Valentine Good Samaritan Housing Project. The
Sponsor had explored all avenues to save money in the design, labor and
materials for the project before the approval of the waiver.
36. Regulation: 24 CFR 891.100(d).
Project/Activity: Jeffersontown Good Samaritan Housing Project.
Nature of Requirement: HUD's regulations at 24 CFR part 891
describe the policies and procedures governing supportive housing for
the elderly and persons with disabilities. The regulation at
Sec. 891.100(d) provides that HUD may amend the amount of an approved
capital advance only after initial closing has occurred.
Granted by: Art Agnos, Acting General Deputy Assistant Secretary
for Housing-Federal Housing Commissioner.
Date Granted: March 11, 1998.
Reasons Waived: HUD approved the waiver request in order to assure
the feasibility of the Jeffersontown Good Samaritan Housing Project.
37. Regulation: 24 CFR 891.310(b).
Project/Activity: ARC HUD III, Inc.
Nature of Requirement: HUD's regulations at 24 CFR part 891
describe the policies and procedures governing supportive housing for
the elderly and persons with disabilities. The regulation at
Sec. 891.310(b) establishes several accessibility requirements for the
Section 811 Program of Supportive Housing for Persons with Disabilities
and to Section 202 projects for non-elderly disabled families and
individuals. Specifically, the regulation requires that all entrances,
common areas, units to be occupied by resident staff, and amenities
must be readily accessible to and usable by persons with disabilities.
In projects for developmentally disabled or physically disabled
persons, all dwelling units in an independent living facility (or all
bedrooms and bathrooms in a group home) must be designed to be
accessible or adaptable for persons with physical disabilities.
Granted by: Nicolas P. Retsinas, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 23, 1998.
Reasons Waived: HUD approved the waiver to maintain project
feasibility and facilitate project development. Requiring all four of
the group homes involved in the project to be accessible would have
made the project financially infeasible. The sponsor will make one of
the homes fully accessible in accordance with the requirements
Sec. 891.310(b). Further, the project, as a whole, will comply with the
requirements of Section 504 of the Rehabilitation Act of 1973.
38. Regulation: 24 CFR 891.310(b).
Project/Activity: Project Share V.
Nature of Requirement: HUD's regulations at 24 CFR part 891
describe the policies and procedures governing supportive housing for
the elderly and persons with disabilities. The regulation at
Sec. 891.310(b) establishes several accessibility requirements for the
Section 811 Program of Supportive Housing for Persons with Disabilities
and to Section 202 projects for non-elderly disabled families and
individuals. Specifically, the regulation requires that all entrances,
common areas, units to be occupied by resident staff, and amenities
must be readily accessible to and usable by persons with disabilities.
In projects for chronically mentally ill individuals, a minimum of 10
percent of all dwelling units in an independent living facility (or 10
percent of all bedrooms and bathrooms in a group home, but at least one
for each such space) must be designed to be accessible or adaptable for
persons with disabilities.
Granted by: Art Agnos, Acting General Deputy Assistant Secretary
for
[[Page 63117]]
Housing-Federal Housing Commissioner.
Date Granted: March 18, 1998.
Reasons Waived: HUD approved the waiver to maintain project
feasibility and facilitate project development. Requiring all four of
the group homes involved in the project to be accessible would have
imperiled project feasibility. The sponsor will make one of the homes
fully accessible in accordance with the requirements Sec. 891.310(b).
Further, the project, as a whole, will comply with the requirements of
Section 504 of the Rehabilitation Act of 1973.
For Items 39 Through 64, Waivers Granted for 24 CFR Part 982,
Contact: Gloria J. Cousar, Deputy Assistant Secretary for Public and
Assisted Housing Delivery, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Room 4126, Washington, DC 20410;
telephone (202) 401-8812 (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.
39. Regulation: 24 CFR 982.201(b).
Project/Activity: Southwestern Idaho Cooperative Housing Authority;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation limits eligibility for both
the Section 8 rental certificate and rental voucher programs to
specified categories of families.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 11, 1998.
Reason Waived: The waiver permitted two single parent families,
that would have been eligible if they had applied separately, to
continue living as a household sharing both expenses and the care of
three disabled children in the household.
40. Regulation: 24 CFR 982.303(b).
Project/Activity: Cuyahoga Metropolitan Housing Authority, Ohio;
Section 8 Rental Certificate and Rental Voucher Programs.
Nature of Requirement: The regulation provides for a maximum rental
certificate/rental voucher term of 120 days during which a certificate/
voucher holder may seek housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 6, 1998.
Reason Waived: The waiver covered 24 families who were issued
rental certificates/vouchers for relocation as a result of termination
of project-based Section 8 contracts due to HUD contract enforcement
activities. The waivers were granted to prevent further hardship to the
families who did not appear to have received adequate relocation
assistance.
41. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the City of Alameda,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 6, 1998.
Reason Waived: Approval of the waiver prevented further hardship to
a certificate holder whose illness prevented him from seeking housing
during the time his certificate was in effect.
42. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of Snohomish County,
Washington; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin E. Marchman, Assistant Secretary for Public and
Indian Housing.
Date Granted: January 6, 1998.
Reason Waived: Approval of the waiver prevented further hardship to
a certificate holder whose medical condition severely limited her
ability to seek housing.
43. Regulation: 24 CFR 982.303(b).
Project/Activity: Portage Metropolitan Housing Authority, Ohio;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 22, 1998.
Reason Waived: The program participant was forced to move from her
assisted housing due to the sale of the property. Approval of the
waiver minimized disruption to the family. The waiver permitted the
three children in the family to remain in the same school district, and
the head of the household to continue her participation in HUD's Family
Self-Sufficiency Program.
44. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the City of Los Angeles,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 28, 1998.
Reason Waived: Approval of the waiver prevented hardship for an
elderly certificate holder who was confined to bed and unable to look
for housing during much of the time his certificate was in effect.
45. Regulation: 24 CFR 982.303(b).
Project/Activity: Idaho Housing and Finance Association; Section 8
Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 28, 1998.
Reason Waived: Approval of the waiver provided extra search time
for a certificate holder whose degenerative disorder made it difficult
for him to seek housing.
46. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the County of Alameda,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 28, 1998.
Reason Granted: The waiver provided extra search time to a
certificate holder who, as a result of her mobility impairment, faced
special difficulties in locating a suitable unit.
47. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of Santa Clara County,
California; Section 8 Rental Voucher Program.
Nature of Requirement: The regulation provides for a maximum rental
voucher term of 120 days during which a rental voucher holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
[[Page 63118]]
Date Granted: January 28, 1998.
Reason Granted: Approval of the waiver prevented hardship to the
voucher holder who, as a result of serious illness, was unable to seek
housing during much of the time her voucher was in effect.
48. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of Alameda County, California;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 28, 1998.
Reason Waived: Approval of the waiver, which provided extra search
time, helped prevent further hardship to this single parent family. The
head of household could not seek housing during much of the time her
rental certificate was in effect due to a variety of medical problems,
including the serious injuries she suffered when struck by a car.
49. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the City of Alameda,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 28, 1998.
Reason Waived: Approval of the waiver prevented hardship to an
elderly certificate holder, who was unable to complete her planned move
due to a heart attack.
50. Regulation: 24 CFR 982.303(b).
Project/Activity: Montgomery County Housing Authority,
Pennsylvania; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: January 30, 1998.
Reason Waived: Approval of the waiver allowed the program
participant to move to another State where she could receive
specialized medical treatment. She was unable to complete the move at
the time planned because of complications resulting from her illness.
51. Regulation: 24 CFR 982.303(b).
Project/Activity: Holbrook Housing Authority, Massachusetts;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 11, 1998.
Reason Waived: Approval of the waiver prevented hardship to a
homeless certificate holder who suffers from Multiple Sclerosis. Her
search for suitable housing was made extremely difficult by her illness
and by the lack of adequate support in her housing search.
52. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the County of Santa Clara,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 13, 1998.
Reason Waived: The waiver prevented hardship to an elderly
certificate holder who, due to illness, was unable to seek housing
during much of the time his certificate was in effect.
53. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the County of Santa Clara,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 13, 1998.
Reason Waived: The waiver permitted the disabled certificate holder
to find permanent housing located near her doctors. She was unable to
seek housing during the required time period due to her hospitalization
after suffering a series of strokes.
54. Regulation: 24 CFR 982.303(b).
Project/Activity: Linn-Benton Housing Authority, Oregon; Section 8
Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 13, 1998.
Reason Waived: The waiver permitted a disabled certificate holder
to complete the necessary paperwork for moving into a suitable unit.
55. Regulation: 24 CFR 982.303(b).
Project/Activity: Boston Housing Authority, Massachusetts; Section
8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 17, 1998.
Reason Waived: Approval of the waiver provided the certificate
holder with additional time to seek housing. Coronary artery disease
and other medical conditions severely limited the certificate holder's
ability to seek housing during the time her rental certificate was in
effect.
56. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the County of Santa Clara,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 17, 1998.
Reason Waived: Approval of the waiver provided the elderly,
mobility impaired certificate holder with additional time to find
suitable housing. The certificate holder was unable to seek housing
during the time her rental certificate was in effect due to poor health
and lack of assistance in her housing search.
57. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of St. Louis County, Missouri;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
[[Page 63119]]
Date Granted: February 17, 1998.
Reason Waived: The waiver granted the certificate holder additional
time to find suitable housing. The certificate holder was unable to
seek housing during the required time period due to surgery and
rehabilitation treatments.
58. Regulation: 24 CFR 982.303(b).
Project/Activity: Commonwealth of Massachusetts, Department of
Housing and Community Development; Section 8 Rental Certificate
Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 17, 1998.
Reason Waived: The waiver was granted to protect the program
participant from further hardship. The program participant was forced
to move from her assisted unit because of domestic abuse. Her ability
to find another suitable unit was severely limited by her serious
health problems.
59. Regulation: 24 CFR 982.303(b).
Project/Activity: Boston Housing Authority, Massachusetts; Section
8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: February 17, 1998.
Reason Waived: The waiver was granted to protect the family from
further hardship. The family has special housing needs due to the
medical condition of a child in the family and the illness of other
family members. The medical condition of these family members made it
difficult for the family to locate suitable housing during the term of
the rental certificate.
60. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of Alameda County, California;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: March 6, 1998.
Reason Waived: The waiver was granted to prevent further hardship
to a homeless family. The waiver provided additional time for the
family to locate housing near the school and medical facilities used by
the disabled son.
61. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the County of Santa Clara,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Deborah L. Vincent, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 23, 1998.
Reason Waived: The waiver was granted to prevent hardship to a
seriously ill certificate holder. The certificate holder was
hospitalized during much of the time his certificate was in effect and
was, therefore, unable to search for housing during that time.
62. Regulation: 24 CFR 982.303(b).
Project/Activity: Boston Housing Authority, Massachusetts; Section
8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Deborah L. Vincent, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 23, 1998.
Reason Waived: The waiver granted the certificate holder, who was
seriously ill during much of the time her certificate was in effect,
additional time to find suitable housing.
63. Regulation: 24 CFR 982.303(b).
Project/Activity: Metro Housing and Redevelopment Authority; St.
Paul, Minnesota; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Deborah L. Vincent, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 26, 1998.
Reason Waived: Approval of the waiver prevented further hardship to
a disabled certificate holder. The certificate holder's ability to seek
housing during the required time period was severely limited by a
mobility impairment.
64. Regulation: 24 CFR 982.303(b).
Project/Activity: Housing Authority of the City of Los Angeles,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum rental
certificate term of 120 days during which a certificate holder may seek
housing to be leased under the program.
Granted by: Deborah L. Vincent, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 27, 1998.
Reason Waived: The waiver was granted to prevent hardship to a
disabled certificate holder. The certificate holder suffers from
multiple health problems that limited her ability to obtain suitable
housing.
For Item 65, Waiver Granted for 24 CFR Part 990, Contact: Joan
DeWitt, Director, Office of Funding and Financial Management Division,
U.S. Department of Housing and Urban Development, 451 Seventh Street,
SW, Room 4210, Washington, DC 20410; telephone (202) 708-1872 (this is
not a toll-free number). Hearing or speech-impaired individuals may
access this number via TTY by calling the toll-free Federal Information
Relay Service at 1-800-877-8391.
65. Regulation: 24 CFR 990.109.
Project/Activity: Pennington County, South Dakota Housing and
Redevelopment Commission (PCHRC).
Nature of Requirement: Under HUD's Performance Funding System (PFS)
regulations at 24 CFR part 990, the energy conservation incentive that
relates to energy performance contracting currently applies to only
PHA-paid utilities.
Granted by: Kevin Emanuel Marchman, Assistant Secretary for Public
and Indian Housing.
Date Granted: March 2, 1998.
Reason Waived: The PCHRC has both PHA-paid and tenant-paid
utilities. A request was made to permit the PCHRC to benefit from
energy performance contracting for developments which have tenant-paid
utilities. The PCHRC estimates that it could increase savings
substantially if it were able to undertake energy performance
contracting for both PHA-paid and tenant-paid utilities. The waiver
permits the PCHRC to exclude from its PFS calculation of rental income
increased rental income due to the difference between updated baseline
utility allowances (before implementation of the energy conservation
measures) and revised allowances (after implementation of the measures)
for the project(s) involved for the duration of the contract period,
which cannot exceed 12 years.
[FR Doc. 98-30124 Filed 11-9-98; 8:45 am]
BILLING CODE 4210-32-P
