99-6078. Notice of Regulatory Waiver Requests Granted  

  • [Federal Register Volume 64, Number 48 (Friday, March 12, 1999)]
    [Notices]
    [Pages 12676-12682]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6078]
    
    
    
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    Part IV
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
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    Regulatory Waiver Requests Granted; Notice
    
    Federal Register / Vol. 64, No. 48 / Friday, March 12, 1999 / 
    Notices
    
    [[Page 12676]]
    
    
    
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    [Docket No. FR-4378-N-03]
    
    
    Notice of Regulatory Waiver Requests Granted
    
    AGENCY: Office of the Secretary, HUD.
    
    ACTION: Public Notice of the Granting of Regulatory Waivers from July 
    1, 1998 through September 30, 1998.
    
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    SUMMARY: Under the Department of Housing and Urban Development Reform 
    Act of 1989 (Reform Act), HUD is required to make public all approval 
    actions taken on waivers of regulations. This notice is the thirty-
    first in a series, being published on a quarterly basis, providing 
    notification of waivers granted during the preceding reporting period. 
    The purpose of this notice is to comply with the requirements of 
    section 106 of the Reform Act.
    
    FOR FURTHER INFORMATION CONTACT: For general information about this 
    notice, contact Camille E. Acevedo, Assistant General Counsel for 
    Regulations, Room 10276, Department of Housing and Urban Development, 
    451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3055 
    (this is not a toll-free number). Hearing or speech-impaired persons 
    may access this number via TTY by calling the toll-free Federal 
    Information Relay Service at 1-800-877-8391.
        For information concerning a particular waiver action for which 
    public notice is provided in this document, contact the person whose 
    name and address is set out for the particular item, in the 
    accompanying list of waiver-grant actions.
    
    SUPPLEMENTARY INFORMATION:
        As part of the Housing and Urban Development Reform Act of 1989 
    (the Reform Act), the Congress adopted, at HUD's request, legislation 
    to limit and control the granting of regulatory waivers by HUD. Section 
    106 of the Reform Act added a new section 7(q) to the Department of 
    Housing and Urban Development Act (2 U.S.C. 3535(q)), which provides 
    that:
        1. Any waiver of a regulation must be in writing and must specify 
    the grounds for approving the waiver;
        2. Authority to approve a waiver of a regulation may be delegated 
    by the Secretary only to an individual of Assistant Secretary rank or 
    equivalent rank, and the person to whom authority to waive is delegated 
    must also have authority to issue the particular regulation to be 
    waived;
        3. Not less than quarterly, the Secretary must notify the public of 
    all waivers of regulations that HUD has approved, by publishing a 
    notice in the Federal Register. These notices (each covering the period 
    since the most recent previous notification) shall:
        a. Identify the project, activity, or undertaking involved;
        b. Describe the nature of the provision waived, and the designation 
    of the provision;
        c. Indicate the name and title of the person who granted the waiver 
    request;
        d. Describe briefly the grounds for approval of the request;
        e. State how additional information about a particular waiver grant 
    action may be obtained.
        Section 106 of the Reform Act also contains requirements applicable 
    to waivers of HUD handbook provisions that are not relevant to the 
    purpose of this notice.
        Today's document follows publication of HUD's Statement of Policy 
    on Waiver of Regulations and Directives issued by HUD on April 22, 1991 
    (56 FR 16337). This is the thirty-first notice of its kind to be 
    published under section 106 of the Reform Act. This notice updates 
    HUD's waiver-grant activity from July 1, 1998 through September 30, 
    1998.
        For ease of reference, waiver requests granted by departmental 
    officials authorized to grant waivers are listed in a sequence keyed to 
    the section number of the HUD regulation involved in the waiver action. 
    For example, a waiver-grant action involving exercise of authority 
    under 24 CFR 58.73 (involving the waiver of a provision in 24 CFR part 
    58) would come early in the sequence, while waivers of 24 CFR part 990 
    would be among the last matters listed.
        Where more than one regulatory provision is involved in the grant 
    of a particular waiver request, the action is listed under the section 
    number of the first regulatory requirement in title 24 that is being 
    waived as part of the waiver-grant action. (For example, a waiver of 
    both Sec. 58.73 and Sec. 58.74 would appear sequentially in the listing 
    under Sec. 58.73.)
        Waiver-grant actions involving the same initial regulatory citation 
    are in time sequence beginning with the earliest-dated waiver grant 
    action.
        Should HUD receive additional reports of waiver actions taken 
    during the period covered by this report before the next report is 
    published, the next updated report will include these earlier actions, 
    as well as those that occurred between October 1, 1998 through December 
    31, 1998.
        Accordingly, information about approved waiver requests pertaining 
    to HUD regulations is provided in the Appendix that follows this 
    notice.
    
        Dated: March 2, 1999.
    Andrew Cuomo,
    Secretary.
    
    Appendix--Listing of Waivers of Regulatory Requirements Granted by 
    Officers of the Department of Housing and Urban Development July 1, 
    1998 Through September 30, 1998
    
        Note to Reader: More information about the granting of these 
    waivers, including a copy of the waiver request and approval, may be 
    obtained by contacting the person whose name is listed as the 
    contact person directly before each set of waivers granted.
    
        FOR ITEMS 1 THROUGH 16, WAIVERS GRANTED FOR 24 CFR PARTS 91 AND 
    92, CONTACT: Cornelia Robertson Terry, Field management Division, 
    Office of Executive Services, Office of Community Planning and 
    Development, U.S. Department of Housing and Urban Development, 451 
    7th Street SW, Room 7184, Washington, DC, 20410; telephone (202) 
    708-2565 (this is not a toll-free number). Hearing or speech-
    impaired persons may access this number via TTY by the calling toll-
    free Federal Information Relay Service at 1-800-877-8391.
        1. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: Los Angeles County, California requested a 
    waiver of the submission date for the County's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: July 16, 1998.
        REASONS WAIVED: The Assistant Secretary determined that failure 
    to grant the requested waiver would prevent the City from submitting 
    a complete and accurate performance report on its 1997 program year.
        2. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Baltimore, Maryland requested a 
    waiver of the submission date for the City's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: August 26, 1998.
        REASONS WAIVED: The Assistant Secretary determined that failure 
    to grant the requested waiver would prevent the City from submitting 
    a complete and accurate performance report on its 1997 program year.
        3. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Mountain View, California 
    requested a
    
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    waiver of the submission date for its Consolidated Annual CDBG 
    Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 17, 1998.
        REASONS WAIVED: The City was unable to meet the due date because 
    of a medical emergency experienced by the individual at the City 
    with responsibility for preparing the CAPER. HUD granted the City of 
    Mountain View an extension to November 30, 1998, to submit its 
    Caper.
        4. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: Baltimore County, Maryland requested a waiver 
    of the submission date for the County's Consolidated Annual CDBG 
    Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 21, 1998.
        REASONS WAIVED: The County requested this extension because of 
    the staff workload needed to adjust and convert to the new 
    computerized system known as the IDIS system. The workload 
    associated with reporting in the IDIS system can be substantial, 
    particularly with a grantee like Baltimore County which has more 
    than 1000 activities in IDIS and also needs to make a significant 
    number of adjustments related to the conversion of the data to the 
    new system. Therefore, HUD granted Baltimore County an extension to 
    November 30, 1998, to submit its 1997 CAPER to HUD.
        5. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Moreno Valley, California 
    requested a waiver of the submission date for the City's 
    Consolidated Annual CDBG Performance and Evaluation (CAPER) report 
    to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The malfunction of the City's financial tracking 
    system impeded the City's ability to assure accurate information in 
    the CAPER until the information had been corrected manually. HUD 
    therefore granted Moreno Valley a 30-day extension until October 28, 
    1998, to submit its 1997 CAPER.
        6. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The County of Orange, California requested a 
    waiver of the submission date for the County's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The County experienced problems in its ability 
    to download accurate reports and requests additional time to 
    reconcile information in its new computerized system with project 
    records. In addition, the County needs time to review and evaluate 
    its progress in meeting the goals and objectives in its Consolidated 
    Plan. HUD therefore granted the County a 30-day extension until 
    October 28, 1998, to submit its 1997 CAPER.
        7. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: Spokane County, Washington requested a waiver 
    of the submission date for the County's Consolidated Annual CDBG 
    Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The County requested an extension of its CAPER 
    submission because the building which houses the Community 
    Development Division was recently damaged by an arson fire. This 
    hampered the County in its efforts to submit a timely report. 
    Therefore, HUD granted the County an extension to February 28, 1999, 
    to submit its 1997 Caper.
        8. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Glendale, California requested a 
    waiver of the submission date for the City's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The City requested additional time because 
    program description data in its computerized system was lost. The 
    City needed additional time to ensure an accurate and acceptable 
    CAPER. HUD therefore granted the City a 30-day extension until 
    October 28, 1998, to submit its 1997 CAPER.
        9. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Stamford, Connecticut requested a 
    waiver of the submission date for the City's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The City requested an extension because of the 
    loss of three key Community Development staff members who were 
    instrumental in preparing the CAPER each year. HUD therefore 
    authorized an extension to November 12, 1998.
        10. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Anaheim, California requested a 
    waiver of the submission date for the City's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The City requested a 30-day extension to 
    facilitate use of the IDIS for its CAPER. The City experienced 
    problems with the data in reports that it was able to download. HUD 
    granted the City a 30-day extension until October 28, 1998, to 
    submit its 1997 CAPER.
        11. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Camden, New Jersey requested a 
    waiver of the submission date for the City's Consolidated Annual 
    CDBG Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: Staff turnover impeded the City's ability to 
    complete an accurate CAPER within the required timeframe. HUD 
    therefore granted the City an extension to November 28, 1998, to 
    submit its 1997 CAPER.
        12. REGULATION: 24 CFR 91.520(a).
        PROJECT/ACTIVITY: The City of Murfreesboro, Tennessee requested 
    a waiver
    
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    of the submission date for the City's Consolidated Annual CDBG 
    Performance and Evaluation (CAPER) report to HUD.
        NATURE OF REQUIREMENT: HUD's Consolidated Plan regulations at 24 
    CFR 91.520(a) require that each grant recipient submit a performance 
    report to HUD within 90 days after the close of the grantee's 
    program year.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 25, 1998.
        REASONS WAIVED: The City requested an extension because the 
    Community Development Director was temporarily on medical leave. 
    Although there was a staff person working on the report, it was 
    difficult to complete the report without the Director's input. HUD 
    therefore granted the City an extension to October 30, 1998, to 
    submit its 1997 CAPER.
        13. REGULATION: 24 CFR 92.2 and 92.300(a)(1).
        PROJECT/ACTIVITY: The City of Bethlehem, Pennsylvania requested 
    that HUD consider the letter and the two City Council resolutions 
    appropriating funds to the Moravian Project sufficient action to 
    constitute a reservation of HOME funds to the Bethlehem Area 
    Moravians, Inc., a Community Development Housing Organization 
    (CHDO).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
    describe the policies and procedures governing the HOME Investment 
    Partnerships Program. Section 92.2 defines the term ``commitment'' 
    to mean that a participating jurisdiction has executed a legally 
    binding agreement with a state recipient, a sub-recipient, or a 
    contractor to use a specific amount of HOME funds to produce 
    affordable housing or provide tenant-based rental assistance; or has 
    entered into a written agreement reserving a specific amount of 
    funds to a CHDO. The written agreement requirement is referenced in 
    24 CFR 92.2 and 92.300(a)(1).
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: July 24, 1998.
        REASONS WAIVED: Based on information provided by the City, HUD 
    believes that the letter and two City Council resolutions 
    appropriating funds to Moravian Project can be viewed as legally 
    sufficient to constitute a reservation of HOME fund to the Bethlehem 
    Area Moravian, Inc., a CHDO. Therefore, HUD waived the requirement 
    for a written agreement, as prescribed in 24 CFR 92.2 and 
    92.300(a)(1).
        14. REGULATION: 24 CFR 92.500(d)(1)(C).
        PROJECT/ACTIVITY: The State of Iowa requested a waiver of the 
    five year deadline for the expenditure of HOME program disaster 
    grant funds.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
    describe the policies and procedures governing the HOME Investment 
    Partnerships Program. Section 92.500(d)(1)(C) states that HUD shall 
    recapture any HOME funds not expended within five years after the 
    last day of the month in which HUD notified the grantee of its 
    execution of the HOME partnership agreement. The State of Iowa's 
    expenditure deadline for the FY 1993 HOME disaster funds was August 
    31, 1998. As of August 27, 1998, the State had an unexpended balance 
    of $499,703 in its grant.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 18, 1998.
        REASONS WAIVED: The State indicated that all costs related to 
    the grant would be incurred by August 31, 1998, but additional time 
    was needed for recipients to submit vouchers and for requests for 
    final drawdowns of HOME funds to be made and processed. If the 
    waiver had not been granted, the State would have had to use other 
    State or Federal funds to reimburse grant recipients for costs 
    incurred before the deadline. Therefore, HUD waived the expenditure 
    requirement in 24 CFR 92.500(d)(1)(C) of the HOME regulations and 
    granted the State of Iowa an extension until October 31, 1998, to 
    expend its remaining FY 1993 HOME disaster funds.
        15. REGULATION: 24 CFR 92.500(d)(1)(C).
        PROJECT/ACTIVITY: The State of Kansas requested a waiver of the 
    five year deadline for the expenditure of HOME program disaster 
    grant funds.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
    describe the policies and procedures governing the HOME Investment 
    Partnerships Program. Section 92.500(d)(1)(C) states that HUD shall 
    recapture any HOME funds not expended within five years after the 
    last day of the month in which HUD notified the grantee of its 
    execution of the HOME partnership agreement. The State of Kansas' 
    expenditure deadline for the FY 1993 HOME disaster funds was August 
    31, 1998. As of August 27, 1998, the State had an unexpended balance 
    of $103,734.31 in its grant.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 18, 1998.
        REASONS WAIVED: The State indicated that projects that were 
    supposed to be funded with HOME disaster funds were mistakenly 
    funded with regular HOME funds. The State requested an extension to 
    permit it to correct this error. If the waiver had not been granted, 
    the State would have lost the unexpended funds and the opportunity 
    to fund additional affordable housing units. Therefore, HUD waived 
    the expenditure requirement in 24 CFR 92.500(d)(1)(C) of the HOME 
    program regulations and granted the State of Kansas an extension 
    until September 30, 1998, to expend its remaining FY 1993 HOME 
    disaster funds.
        16. REGULATION: 24 CFR 92.500(d)(1)(C).
        PROJECT/ACTIVITY: The State of Illinois requested a waiver of 
    the five year deadline for the expenditure of HOME program disaster 
    grant funds.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 92 
    describe the policies and procedures governing the HOME Investment 
    Partnerships Program. Section 92.500(d)(1)(C) states that HUD shall 
    recapture any HOME funds not expended within five years after the 
    last day of the month in which HUD notified the grantee of its 
    execution of the HOME partnership agreement. The State of Illinois' 
    expenditure deadline for the FY 1993 HOME disaster funds was August 
    31, 1998. As of August 27, 1998, the State had an unexpended balance 
    of $2,685,014.84 in its grant.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: September 18, 1998.
        REASONS WAIVED: The State indicated that, due to staff turnover, 
    it inadvertently had used $2,321,850.00 in regular HOME funds for a 
    disaster project. The State requested an extension of the deadline 
    to permit it to retain the $2,321,850.00 and take the necessary 
    steps to correct the error. If the waiver had not been granted, the 
    State would have lost the opportunity to use its regular HOME funds 
    to produce more affordable housing units. Therefore, HUD waived the 
    expenditure requirement in 24 CFR 92.500(d)(1)(C) of the HOME 
    regulations and granted the State of Illinois an extension until 
    October 31, 1998 to expend the $2,321,850.00 mistakenly charged to 
    its regular HOME grant.
        FOR ITEM 17, WAIVER GRANTED FOR 24 CFR PART 291, CONTACT: Art 
    Orton, Deputy Director, Asset Management Division, Office of Insured 
    Single Family Housing, U.S. Department of Housing and Urban 
    Development, 451 7th Street SW, Room 9172, Washington, DC, 20410; 
    telephone (202) 708-1672 (this is not a toll-free number). Hearing 
    or speech-impaired persons may access this number via TTY by the 
    calling toll-free Federal Information Relay Service at 1-800-877-
    8391.
        17. REGULATION: 24 CFR 291.110(a).
        PROJECT/ACTIVITY: Waiver of the requirement of 24 CFR 291.110(a) 
    to provide authority for governmental entities and private nonprofit 
    organizations to purchase HUD-owned single family properties offered 
    with mortgage insurance on a direct sales basis and to provide 
    discounts of 50 percent for use in HUD's Officer Next Door Program.
        NATURE OF REQUIREMENT: HUD's regulations governing its single 
    family property disposition program are found in 24 CFR part 291. 
    The regulation at 24 CFR 291.110(a) permits direct sales of 
    properties without mortgage insurance to governmental entities and 
    private nonprofit organizations for use in homeless programs. These 
    sales are made at deep discounts off the list price.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: August 28, 1998.
        REASONS WAIVED: Based on HUD's experience with these types of 
    direct sales, HUD has determined that it would not be detrimental to 
    the Federal Housing Administration insurance fund to permit 
    governmental entities and private nonprofit organizations to 
    purchase properties offered with mortgage insurance. Approval of 
    this waiver enabled governmental entities and nonprofit 
    organizations the opportunity to fully participate in the Officer 
    Next Door program by purchasing properties eligible for mortgage 
    insurance at a 50 percent discount for resale to law enforcement 
    personnel.
        FOR ITEM 18, WAIVER GRANTED FOR 24 CFR PART 576, CONTACT: 
    Cornelia
    
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    Robertson Terry, Field Management Division, Office of Executive 
    Services, Office of Community Planning and Development, U.S. 
    Department of Housing and Urban Development, 451 7th Street SW, Room 
    7184, Washington, DC, 20410; telephone (202) 708-2565 (this is not a 
    toll-free number). Hearing or speech-impaired persons may access 
    this number via TTY by the calling toll-free Federal Information 
    Relay Service at 1-800-877-8391.
        18. REGULATION: 24 CFR 576.21.
        PROJECT/ACTIVITY: The City of Lancaster, Pennsylvania requested 
    a waiver of Emergency Shelter Grants (ESG) program regulations at 24 
    CFR 576.21.
        NATURE OF REQUIREMENT: HUD's regulation at 24 CFR 576.21 state 
    that recipients of ESG grant funds are subject to the limits on the 
    use of assistance for essential services established in section 
    414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42 
    U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as 
    services that provide health, employment, drug abuse, and education 
    to homeless persons.
        GRANTED BY: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        DATE GRANTED: August 11, 1998.
        REASONS WAIVED: Under the Stewart B. McKinney Homeless 
    Assistance Act, amended by the National Affordable Housing Act the 
    30 percent cap on essential services may be waived if the grantee 
    ``demonstrates that the other eligible activities under the program 
    are already being carried out in the locality with other 
    resources.'' The grantee submitted a letter, dated February 27, 
    1998, which stated that homeless activities are already being 
    carried out with other Federal and State funding sources. Therefore, 
    in view of this documentation, HUD granted the City a waiver.
        FOR ITEMS 19 THROUGH 31, WAIVERS GRANTED FOR 24 CFR PART 891, 
    CONTACT: Willie Spearmon, Director, Office of Business Products, 
    Office of Housing, U.S. Department of Housing and Urban Development, 
    451 7th Street SW, Room 6132, Washington, DC 20410; telephone: (202) 
    708-3000 (this is not a toll-free number). Hearing or speech-
    impaired persons may access this number via TTY by calling the toll-
    free Federal Information Relay Service at 1-800-877-8391.
        19. REGULATION: 24 CFR 891.100(d).
        PROJECT/ACTIVITY: National Church Residences of Travis County, 
    Texas (Project No. 115-EE041).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.100(d) provides that HUD may amend the amount of an 
    approved capital advance only after initial closing has occurred.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: July 1, 1998.
        REASONS WAIVED: HUD granted the waiver in order to ensure the 
    economic feasibility of the project. Although the project is 
    economically designed, and the Owner has exerted all efforts to 
    minimize the construction costs (including foregoing a portion of 
    its developer's fee), the project would not have been feasible 
    without the amendment funds.
        20. REGULATION: 24 CFR 891.100(d).
        PROJECT/ACTIVITY: Shenango Housing for the Elderly (Project No. 
    033-EE084).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.100(d) provides that HUD may amend the amount of an 
    approved capital advance only after initial closing has occurred.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: July 14, 1998.
        REASONS WAIVED: HUD granted the waiver in order to ensure the 
    economic feasibility of the project. The sponsors were forced to 
    change the project site, which imperiled the feasibility of the 
    proposed project.
        21. REGULATION: 24 CFR 891.100(d).
        PROJECT/ACTIVITY: Liberty Commons; Lexington, Kentucky (Project 
    No. 083-EE048).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.100(d) provides that HUD may amend the amount of an 
    approved capital advance only after initial closing has occurred.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: July 30, 1998.
        REASONS WAIVED: HUD granted this waiver in order to ensure the 
    economic feasibility of the project. In granting the waiver, HUD 
    determined that the sponsors had made all reasonable efforts to 
    contain the cost of the facility and to obtain financing from other 
    sources before requesting the regulatory waiver from HUD.
        22. REGULATION: 24 CFR 891.100(d).
        PROJECT/ACTIVITY: Saco VOA Elderly Housing, Inc. (Project No. 
    024-EE030).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.100(d) provides that HUD may amend the amount of an 
    approved capital advance only after initial closing has occurred.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: August 10, 1998.
        REASONS WAIVED: HUD granted this waiver in order to ensure the 
    economic feasibility of the project. Although the Owner explored 
    every avenue to save money on design, labor and materials, and had 
    secured grant funding from the Federal Home Loan Bank of Boston, the 
    project could not have been completed without the amendment funds.
        23. REGULATION: 24 CFR 891.100(d).
        PROJECT/ACTIVITY: Robertson Residential Center, Greenville, 
    Mississippi (Project No. 065-HD013); Paul Braswell Residential 
    Center, Cleveland, Mississippi (Project No. 065-HD014).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.100(d) provides that HUD may amend the amount of an 
    approved capital advance only after initial closing has occurred.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: August 11, 1998.
        REASONS WAIVED: HUD approved the waiver request in order to 
    ensure the economic feasibility of the two projects. The owner could 
    not obtain the necessary funds to develop the projects from other 
    sources.
        24. REGULATION: 24 CFR 891.100(d).
        PROJECT/ACTIVITY: Mental Health Programs, Inc. (Project No. 023-
    EE079).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.100(d) provides that HUD may amend the amount of an 
    approved capital advance only after initial closing has occurred.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: September 8, 1998.
        REASONS WAIVED: HUD granted this waiver in order to ensure the 
    economic feasibility of the project. Although modifications were 
    made to the project's design and specifications to reduce the 
    project's overall cost and the Sponsor had secured grant funding 
    from the Federal Home Loan Bank of Boston, the project could not 
    have been completed without the amendment funds.
        25. REGULATION: 24 CFR 891.130.
        PROJECT/ACTIVITY: St. Mary's Villa, Knoxville, Tennessee 
    (Project No. 087-EE025).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.130 (entitled ``Prohibited relationships'') provides that 
    Officers and Board members of either the Sponsor or Owner may not 
    have any financial interest in any contract with the Owner or any 
    firm which has a contract with the Owner. This restriction applies 
    so long as the individual is serving on the Board and for a period 
    of three years following resignation or final closing, whichever 
    occurs later.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: July 30, 1998.
        REASONS WAIVED: HUD approved the waiver in order to prevent 
    delays in the construction of the project. The contractor who will 
    serve as both design architect and general contractor was approved 
    after problems surfaced with the original contractor.
        26. REGULATION: 24 CFR 891.130.
    
    [[Page 12680]]
    
        PROJECT/ACTIVITY: Park Plaza Apartments, Cozad, Nebraska 
    (Project No. 103-EE1-017).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.130 (entitled ``Prohibited relationships'') provides that 
    Officers and Board members of either the Sponsor or Owner may not 
    have any financial interest in any contract with the Owner or any 
    firm which has a contract with the Owner. This restriction applies 
    so long as the individual is serving on the Board and for a period 
    of three years following resignation or final closing, whichever 
    occurs later.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: September 29, 1998.
        REASONS WAIVED: There are no property management firms currently 
    located in Cozad and the Housing Authority, which is also the seller 
    of the land, is not seeking to profit from this arrangement.
        27. REGULATION: 24 CFR 891.205.
        PROJECT/ACTIVITY: Knights of Peter Claver, Tunica, Mississippi 
    (Project No. 065-EH127); Knights of Peter Claver, Phase II, Tunica, 
    Mississippi (Project No. 065-EE020).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.205 sets forth the requirement that the Owner be a single 
    purpose private nonprofit organization.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: August 10, 1998.
        REASONS WAIVED: This waiver will provide for cost savings during 
    the initial development stage as well as realize operational savings 
    for the two adjacent projects if owned by the same corporation.
        28. REGULATION: 24 CFR 891.310(b)(1) and (b)(2).
        PROJECT/ACTIVITY: Options Supported Housing Project IV (Project 
    No. 012-HD072).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. Section 891.310(b)(1) 
    requires that all entrances, common areas, units to be occupied by 
    resident staff, and amenities must be readily accessible to and 
    usable by persons with disabilities. Section 891.310(b)(2) requires 
    that projects for chronically mentally ill individuals have a 
    minimum of 10 percent of all dwelling units in an independent living 
    facility (or 10 percent of all bedrooms and bathrooms in a group 
    home, but at least one of each such space) must be designed to be 
    accessible or adaptable for persons with disabilities.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: July 27, 1998.
        REASONS WAIVED: Requiring that all three group homes involved in 
    this project meet the accessibility requirements described above 
    would have made the project financially infeasible. One of the group 
    homes will be fully accessible, in accordance with 24 CFR 891.310. 
    Further, the project as a whole will meet the accessibility 
    requirements of section 504 of the Rehabilitation Act of 1973. The 
    regulatory waiver maintained project feasibility and facilitated 
    project development.
        29. REGULATION: 24 CFR 891.310(b)(1).
        PROJECT/ACTIVITY: Rockland ARC-Homes for the Exceptional II 
    (Project No. 012-HD061).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. Section 891.310(b)(1) 
    requires that all entrances, common areas, units to be occupied by 
    resident staff, and amenities must be readily accessible to and 
    usable by persons with disabilities.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: September 21, 1998.
        REASONS WAIVED: The cost of achieving accessibility in all three 
    group homes in the project would have rendered the project 
    economically infeasible. One of the group homes will be fully 
    accessible, in accordance with 24 CFR 891.310(b)(1). Further, the 
    project as a whole will be in compliance with the accessibility 
    requirements of section 504 of the Rehabilitation Act of 1973. 
    Granting the regulatory waiver maintained project feasibility and 
    facilitated the development of the project.
        30. REGULATION: 24 CFR 891.310(b)(1) and (2).
        PROJECT/ACTIVITY: Cherry Hill Condominiums (Project No. 023-
    HD077).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. Section 891.310(b)(1) 
    requires that all entrances, common areas, units to be occupied by 
    resident staff, and amenities must be readily accessible to and 
    usable by persons with disabilities. Section 891.310(b)(2) requires 
    that projects for chronically mentally ill individuals have a 
    minimum of 10 percent of all dwelling units in an independent living 
    facility (or 10 percent of all bedrooms and bathrooms in a group 
    home, but at least one of each such space) must be designed to be 
    accessible or adaptable for persons with disabilities.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: September 29, 1998.
        REASONS WAIVED: All units in this project are condominium units, 
    and, therefore, HUD funds are not available to make hallways, 
    entrances and common areas accessible. None of the current 10 
    residents, who will remain as residents of the project, have 
    mobility impairments requiring an accessible unit. Further, under 
    section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
    accessibility modifications are not required if they would impose 
    undue financial and administrative burdens on the operation of the 
    multifamily housing project. If a person with a mobility impairment 
    applies for occupancy, the Sponsor must either modify the 811 unit 
    or provide an accessible unit elsewhere in its inventory. The 
    granting of the waiver will maintain project feasibility and 
    facilitate the development of the project.
        31. REGULATION: 24 CFR 891.310(b)(1) and (2).
        PROJECT/ACTIVITY: Project No. 023-HD039.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. Section 891.310(b)(1) 
    requires that all entrances, common areas, units to be occupied by 
    resident staff, and amenities must be readily accessible to and 
    usable by persons with disabilities. Section 891.310(b)(2) requires 
    that projects for chronically mentally ill individuals have a 
    minimum of 10 percent of all dwelling units in an independent living 
    facility (or 10 percent of all bedrooms and bathrooms in a group 
    home, but at least one of each such space) must be designed to be 
    accessible or adaptable for persons with disabilities.
        GRANTED BY: Ira G. Peppercorn, General Deputy Assistant 
    Secretary for Housing-Federal Housing Commissioner.
        DATE GRANTED: September 29, 1998.
        REASONS WAIVED: The project consists of two-bedroom units which 
    are part of a larger development owned by the Sponsor that is 
    comprised mostly of walk-up townhouses. Requiring the project to 
    meet the accessibility requirements would make it financially 
    infeasible. There are several accessible units in the development 
    should the need arise. The population of the project consists of 
    persons with chronic mental illness who do not have mobility 
    impairments. The waiver maintains project feasibility and 
    facilitates project development.
        FOR ITEMS 32 THROUGH 40, WAIVERS GRANTED FOR 24 CFR PARTS 901, 
    982, AND 984, CONTACT: Gloria Cousar, Deputy Assistant Secretary, 
    Office of Public and Assisted Housing Delivery, Office of Public and 
    Indian Housing, U.S. Department of Housing and Urban Development, 
    451 7th Street SW, Room 4204, Washington, DC 20410; telephone: (202) 
    708-1380 (this is not a toll-free number). Hearing or speech-
    impaired persons may access this number via TTY by calling the toll-
    free Federal Information Relay Service at 1-800-877-8391.
        32. REGULATION: 24 CFR 901.100(b).
        PROJECT/ACTIVITY: Reading Housing Authority, PA.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
    governed the Public Housing Management Assessment Program. Section 
    901.100 concerned data collection for each of the management 
    function indicators examined under PHMAP. Section 901.100(b) 
    directed that a PHA provide certification as to data on indicators 
    not derived from existing reporting and data
    
    [[Page 12681]]
    
    forms within 60 calendar days after the end of the fiscal year 
    covered by the certification.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: July 6, 1998.
        REASON GRANTED: HUD granted the waiver due to the loss of 
    critical PHA staff involved in the preparation of the PHMAP 
    certifications. As a result of these staff losses, PHA needed 
    additional time to submit their PHMAP certifications.
        33. REGULATION: 24 CFR 901.100(b)
        PROJECT/ACTIVITY: Taylor Housing Commission.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
    governed the Public Housing Management Assessment Program. Section 
    901.100 concerned data collection for each of the management 
    function indicators examined under PHMAP. Section 901.100(b) 
    directed that a PHA provide certification as to data on indicators 
    not derived from existing reporting and data forms within 60 
    calendar days after the end of the fiscal year covered by the 
    certification.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: July 6, 1998.
        REASON GRANTED: An extension of the 60-day period specified in 
    the regulation was required due to the illness of the PHA Executive 
    Director.
        34. REGULATION: 24 CFR 901.100(b).
        PROJECT/ACTIVITY: Philadelphia Housing Authority (PHA).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
    governed the Public Housing Management Assessment Program. Section 
    901.100 concerned data collection for each of the management 
    function indicators examined under PHMAP. Section 901.100(b) 
    directed that a PHA provide certification as to data on indicators 
    not derived from existing reporting and data forms within 60 
    calendar days after the end of the fiscal year covered by the 
    certification.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: July 7, 1998.
        REASON GRANTED: HUD granted the waiver in order to provide the 
    new PHA Executive Director adequate time to review the PHMAP data 
    and certifications.
        35. REGULATION: 24 CFR 901.100.
        PROJECT/ACTIVITY: Muskegan Heights Housing Commission (MHHC).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
    governed the Public Housing Management Assessment Program. Section 
    901.100 concerned data collection for each of the management 
    function indicators examined under PHMAP. Section 901.100(b) 
    directed that a PHA provide certification as to data on indicators 
    not derived from existing reporting and data forms within 60 
    calendar days after the end of the fiscal year covered by the 
    certification.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: July 8, 1998.
        REASON GRANTED: HUD granted MHHC an extension of the 60-day time 
    period due to loss of critical MHHC staff involved in the 
    preparation of the required certifications. Further, MHHC discovered 
    errors in its PHMAP data too late in the fiscal year to correct them 
    on a timely basis.
        36. REGULATION: 24 CFR 901.100(b).
        PROJECT/ACTIVITY: Waiver Request Housing Authority of the City 
    of Arlington (HACA).
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
    governed the Public Housing Management Assessment Program. Section 
    901.100 concerned data collection for each of the management 
    function indicators examined under PHMAP. Section 901.100(b) 
    directed that a PHA provide certification as to data on indicators 
    not derived from existing reporting and data forms within 60 
    calendar days after the end of the fiscal year covered by the 
    certification.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: August 10, 1998.
        REASON GRANTED: HUD granted the waiver due to the resignation of 
    the HACA Executive Director. HACA staff needed the additional time 
    to reconstruct certain necessary files for the preparation of the 
    PHMAP certifications.
        37. REGULATION: 24 CFR 901.100(b).
        PROJECT/ACTIVITY: Waiver Request Bald Knob Housing Authority, 
    AK.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 901 
    governed the Public Housing Management Assessment Program. Section 
    901.100 concerned data collection for each of the management 
    function indicators examined under PHMAP. Section 901.100(b) 
    directed that a PHA provide certification as to data on indicators 
    not derived from existing reporting and data forms within 60 
    calendar days after the end of the fiscal year covered by the 
    certification.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: September 2, 1998.
        REASON GRANTED: Due to the extended hospitalization of the 
    Executive Director's husband, which required a great deal of her 
    time, the housing authority required additional time to prepare the 
    required PHMAP certifications.
        38. REGULATION: 24 CFR 982.201(b)
        PROJECT/ACTIVITY: Lebanon Housing Authority, New Hampshire; 
    Section 8 Rental Certificate Program.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 982 
    describe the policies and procedures governing Section 8 tenant 
    based assistance. Section 982.201 limits eligibility for the Section 
    8 certificate and voucher programs to families that are either 
    ``very low income'' or are ``low income'' and fall within one of the 
    categories identified in Secs. 982.201(b)(1)(ii)(A)-(F).
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: July 17, 1998.
        REASON GRANTED: The waiver of the very low income requirement 
    was granted to a single parent with a degenerative neurological 
    disease to relieve the financial stress caused by her high rent 
    burden. The waiver allowed the certificate holder to continue her 
    medication and prevented the breakup of the family, which would have 
    resulted in her separation from her nine year old daughter.
        39. REGULATION: 24 CFR 982.202(b)(3) and 982.205(a).
        PROJECT/ACTIVITY: Leominister Housing Authority; Section 8 
    Rental Certificate Program.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 982 
    describe the policies and procedures governing Section 8 tenant 
    based assistance. The regulations require the housing agency to use 
    a single waiting list for admissions to its Section 8 tenant-based 
    programs (Sec. 982.205(a)) and prohibits the selection of families 
    for admission to the program based on where the family will live 
    (Sec. 982.202(b)(3)).
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: July 30, 1998.
        REASON GRANTED: Approval of the waiver prevented hardship to 
    eight families who were ready to move into units in a specific 
    project. These families were selected from a separate waiting list.
        40. REGULATION: 24 CFR 984.105.
        PROJECT/ACTIVITY: South Delta Regional Housing Authority, Family 
    Self-Sufficiency Program.
        NATURE OF REQUIREMENT: HUD's regulations at 24 CFR part 984 set 
    forth the policies and procedures governing the public housing and 
    Section 8 Family Self Sufficiency (FSS) program. Section 984.105 
    establishes the minimum size of an FSS program that may be operated 
    by a Housing Authority.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: September 3, 1998.
        REASON GRANTED: HUD granted the waiver to provide exemption from 
    the FSS commitment for tenant-based assistance. The Housing 
    Authority would not assist the families living in these Section 8 
    projects where the owner was opting out of the project-based Section 
    8 contracts because of the FSS requirement. The waiver was granted 
    to prevent a hardship on the families who could not afford housing 
    without Section 8 assistance.
        FOR ITEMS 41 AND 42, WAIVERS GRANTED FOR 24 CFR PART 990 
    CONTACT: Joan DeWitt, Director, Funding and Financial Management 
    Division, Office of Public and Assisted Housing Operations, Office 
    of Public and Indian Housing, U.S. Department of Housing and Urban 
    Development, 451 7th Street SW, Room 4216, Washington, DC 20410; 
    telephone: (202) 708-1872 (this is not a toll-free number). Hearing 
    or speech-impaired persons may access this number via TTY by calling 
    the toll-free Federal Information Relay Service at 1-800-877-8391.
        41. REGULATION: 24 CFR 990.109.
        PROJECT/ACTIVITY: Warner Robins, Georgia Housing Authority.
        NATURE OF REQUIREMENT: Under HUD's Performance Funding System 
    (PFS) regulations at 24 CFR part 990, the energy
    
    [[Page 12682]]
    
    conservation incentive that relates to energy performance 
    contracting currently applies to only PHA-paid utilities.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: August 4, 1998.
        REASON WAIVED: In September 1996, the Oakland Housing Authority 
    was granted a waiver to permit the Authority to benefit from energy 
    performance contracting for developments with tenant-paid utilities. 
    The waiver was granted on the basis that the Authority presented a 
    sound and reasonable methodology for doing so. The Warner Robins 
    Housing Authority requested a waiver based on the same approved 
    methodology. The waiver permits the HA to exclude from its PFS 
    calculation of rental income, increased rental income due to the 
    difference between updated baseline utility (before implementation 
    of the energy conservation measures) and revised allowances (after 
    for the duration of implementation of the measures) for the 
    project(s) involved for the duration of the contract period, which 
    cannot exceed 12 years. The HA estimates that it could increase 
    savings substantially if it were able to undertake energy 
    performance contracting for both PHA-paid and tenant-paid utilities.
        42. REGULATION: 24 CFR 990.109.
        PROJECT/ACTIVITY: Lexington, Kentucky Housing Authority.
        NATURE OF REQUIREMENT: Under HUD's Performance Funding System 
    (PFS) regulations at 24 CFR part 990, the energy conservation 
    incentive that relates to energy performance contracting currently 
    applies to only PHA-paid utilities.
        GRANTED BY: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        DATE GRANTED: August 4, 1998.
        REASON WAIVED: In September 1996, the Oakland Housing Authority 
    was granted a waiver to permit the Authority to benefit from energy 
    performance contracting for developments with tenant-paid utilities. 
    The waiver was granted on the basis that the Authority presented a 
    sound and reasonable methodology for doing so. The Lexington Housing 
    Authority requested a waiver based on the same approved methodology. 
    The waiver permits the HA to exclude from its PFS calculation of 
    rental income, increased rental income due to the difference between 
    updated baseline utility (before implementation of the energy 
    conservation measures) and revised allowances (after for the 
    duration of implementation of the measures) for the project(s) 
    involved for the duration of the contract period, which cannot 
    exceed 12 years. The HA estimates that it could increase savings 
    substantially if it were able to undertake energy performance 
    contracting for both PHA-paid and tenant-paid utilities.
    
    [FR Doc. 99-6078 Filed 3-11-99; 8:45 am]
    BILLING CODE 4210-32-P
    
    
    

Document Information

Published:
03/12/1999
Department:
Housing and Urban Development Department
Entry Type:
Notice
Action:
Public Notice of the Granting of Regulatory Waivers from July 1, 1998 through September 30, 1998.
Document Number:
99-6078
Pages:
12676-12682 (7 pages)
Docket Numbers:
Docket No. FR-4378-N-03
PDF File:
99-6078.pdf