[Federal Register Volume 63, Number 103 (Friday, May 29, 1998)]
[Notices]
[Pages 29510-29515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14244]
[[Page 29509]]
_______________________________________________________________________
Part VI
Department of Housing and Urban Development
_______________________________________________________________________
Notice of Regulatory Waiver Requests Granted; Notice
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /
Notices
[[Page 29510]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4250-N-04]
Notice of Regulatory Waiver Requests Granted
AGENCY: Office of the Secretary, HUD.
ACTION: Public notice of the granting of regulatory waivers from
October 1, 1997 through December 31, 1997.
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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-
eighth 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-eighth notice of its kind to be
published under section 106 of the Reform Act. This notice updates
HUD's waiver-grant activity from October 1, 1997 through December 31,
1997.
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, 1997 through December
31, 1997.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: May 22, 1998.
Andrew Cuomo,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Officers of the Department of Housing and Urban Development October 1,
1997 Through December 31, 1997
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 11, WAIVERS GRANTED FOR 24 CFR Parts 91,
570, 574, 576 AND 582 CONTACT: Debbie Ann Wills, Field Management
Officer, U.S. Department of Housing and Urban Development, Office of
Community Planning and Development, 451 7th Street, SW, Room 7152,
Washington, DC 20410-7000; 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.
1. REGULATION: 24 CFR 91.520(a).
PROJECT/ACTIVITY: The City of Harrisburg, Pennsylvania requested
an extension of the deadline to submit 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 Ramirez, Assistant Secretary for Community
Planning and Development.
DATE GRANTED: December 22, 1997.
REASONS WAIVED: The Assistant Secretary determined that failure
to grant the requested waiver would adversely affect the purposes of
the CDBG program, because the City would not be able to submit a
complete and accurate performance report on its 1996 program year.
2. REGULATION: 24 CFR 92.101(e) and (c).
PROJECT/ACTIVITY: The St. Louis County, Minnesota requested a
waiver of Sec. 92.101(e) and (c) of the HOME program regulations (24
CFR part 92) to allow the County, which is a member of the Northeast
Minnesota Housing Consortium, to structure its consortium agreement
for a four-year term. The County also has until March 31, 1998 to
obtain the needed signatures on the consortium agreement.
NATURE OF REQUIREMENT: The regulations at 24 CFR 92.101(e) and
(c) require consortium agreements be 3-years long.
GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for
Community Planning and Development.
DATE GRANTED: November 5, 1997.
REASONS WAIVED: The Acting Assistant Secretary added a six month
transition period to allow the 76 small rural communities time to
sign the agreement. The four year agreement was enacted so that it
[[Page 29511]]
will expire concurrently with St. Louis County's next urban county
agreement.
3. REGULATION: 24 CFR 92.212(b).
PROJECT/ACTIVITY: The Longview/Kelso Consortium of Washington
State, requested a waiver of the HOME program regulations to allow
it to use HOME funds to reimburse planning and administration costs
incurred in the development of its initial Consolidated Plan as a
new HOME grantee.
NATURE OF REQUIREMENT: The HOME program regulations at 24 CFR
92.212(b) allow eligible administrative and planning costs to be
incurred as of the beginning of the participating jurisdiction's
consolidated program year, or the date the Consolidated Plan
describing the HOME allocation is received by HUD.
GRANTED BY: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
DATE GRANTED: December 16, 1997.
REASONS WAIVED: The Assistant Secretary determined that failure
to grant the requested waiver would adversely affect the purposes of
the HOME program, because non-reimbursement of costs incurred in the
development of the Consolidated Plan would pose a difficulty for the
City in implementing its new HOME program, and place the financial
burden for program start-up costs on local resources.
4. REGULATIONS: 24 CFR 92.214(a)(7) and 24 CFR 92.502(d).
PROJECT/ACTIVITY: The City of Mobile, Alabama requested a waiver
of these regulations to allow the use of additional HOME program
funds on property previously assisted with HOME monies. The subject
properties were damaged by floods.
NATURE OF REQUIREMENT: HUD's HOME program regulations at 24 CFR
92.214(a)(7) and 24 CFR 92.502(d) prohibit a participating
jurisdiction from using HOME funds on properties that have been
previously assisted with HOME monies. This prohibition applies to
properties that were completed more than one year after the original
completion date.
GRANTED BY: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
DATE GRANTED: December 2, 1997.
REASONS WAIVED: The waiver was granted to allow three specific
projects to reopen and to use HOME funds to correct flooding
conditions.
5. REGULATION: 24 CFR 92.254(a).
PROJECT/ACTIVITY: The City of Cincinnati, Ohio 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 an eight unit
building.
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: December 16, 1997.
REASONS WAIVED: The waiver was granted because it would allow
the City to take advantage of the Historic Tax Credit associated
with the project; enable six low income families to become
homeowners; and increase the homeownership rate in a neighborhood
with a high concentration of low-income rental properties.
6. REGULATION: 24 CFR 570.200(h)(1)(i).
PROJECT/ACTIVITY: The City of Rialto, California requested a
waiver of these HUD regulations to allow it to use CDBG funds to
reimburse planning and administration costs incurred while preparing
its initial Consolidated Plan as a new CDBG entitlement grantee.
NATURE OF REQUIREMENT: The CDBG program regulations at 24 CFR
570.200(h)(1)(i) state that a grantee may only use CDBG funds to pay
pre-award costs if the activity is included in a Consolidated Plan
or an amended plan prior to the costs being incurred.
GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for
Community Planning and Development.
DATE GRANTED: November 6, 1997.
REASONS WAIVED: The Acting Assistant Secretary determined that
failure to grant the requested waiver would adversely affect the
purposes of the CDBG program, because the non-reimbursement of costs
incurred in the development of the Consolidated Plan would pose a
difficulty for the City in implementing its new CDBG program and put
the financial burden for program start-up costs on local resources.
7. REGULATION: 24 CFR 570.200(h)(1)(i).
PROJECT/ACTIVITY: The City of Victorville, California, requested
a waiver of these HUD regulations to allow the City to use CDBG
funds to reimburse planning and administration costs incurred while
preparing its initial Consolidated Plan as a new CDBG entitlement
grantee.
NATURE OF REQUIREMENT: The CDBG program regulations at 24 CFR
570.200(h)(1)(i) state that a grantee may only use CDBG funds to pay
pre-award costs, if the activity is included in a Consolidated Plan
or an amended plan prior to the costs being incurred.
GRANTED BY: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
DATE GRANTED: December 18, 1997.
REASONS WAIVED: The Assistant Secretary determined that failure
to grant the requested waiver would adversely affect the purposes of
the CDBG program, because non-reimbursement of costs incurred in the
development of the Consolidated Plan would pose a difficulty for the
City in implementing its new CDBG program and put the financial
burden for program start-up costs on local resources.
8. REGULATION: 24 CFR 570.206(g).
PROJECT/ACTIVITY: Pima County, Arizona requested a waiver of the
CDBG program regulations to allow the County to use CDBG funds for
pre-development costs related to the expansion of an existing senior
citizen housing complex.
NATURE OF REQUIREMENT: The CDBG program regulations at 24 CFR
570.206(g) require that assistance under the regulations be limited
to units which are identified in the recipient's HUD-approved
housing assistance plan (HAP). Because the Consolidated Plan
includes non-housing activities and is not exclusively limited to
low-and-moderate-income persons, HUD has determined that 24 CFR
570.206(g) cannot be read to automatically substitute costs related
to the Consolidated Plan for costs formerly eligible in connection
with the HAP.
GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for
Community Planning and Development.
DATE GRANTED: November 6, 1997.
REASONS WAIVED: The regulation was waived because the community
was using the CDBG funds to pay for pre-development activities
associated with a proposal submitted to HUD under the Section 202
program. The waiver was granted because the funds were to be used
for a HAP-type (meeting the needs of low and moderate income senior
citizens) housing activity.
9. REGULATION: 24 CFR 574.540.
PROJECT/ACTIVITY: The City of Chicago, Illinois requested a
waiver of the Housing Opportunities for Persons with AIDS (HOPWA)
program regulations to authorize the placement of HOPWA funds in a
housing subsidy trust fund for a period longer than the three years.
The trust fund would be used for operating expenses.
NATURE OF REQUIREMENT: The HOPWA program regulations at 24 CFR
574.540 provide that HUD may de-obligate any amount of HOPWA grant
funds that have not been expended within a three-year period from
the date of the signing of the grant agreement.
GRANTED BY: Saul Ramirez, Assistant Secretary for Community
Planning and Development.
DATE GRANTED: November 25, 1997.
REASONS WAIVED: The Assistant Secretary granted this waiver,
extending for two years the period the City could use HOPWA funds
placed in a trust for a specific project. This allowed the City to
continue to provide support for the housing related needs of HOPWA
program beneficiaries.
10. REGULATION: 24 CFR 576.21.
PROJECT/ACTIVITY: Jefferson County, Alabama 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: Fred Karnas, Jr., Deputy Assistant Secretary for
Community Planning and Development.
DATE GRANTED: October 14, 1997.
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 County
[[Page 29512]]
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.
11. REGULATION: 24 CFR 582.105(e).
PROJECT/ACTIVITY: The Dane County, Wisconsin Department of Human
Services requested that up to 15 percent of its Shelter Plus Care
allocation be used for administration.
NATURE OF REQUIREMENT: HUD's Shelter Plus Care program
regulations at 24 CFR 582.105(e) set the administrative cost
allowance for project activities at 8 percent of the grant amount.
GRANTED BY: Jacquie Lawing, Acting Assistant Secretary for
Community Planning and Development.
DATE GRANTED: October 22, 1997.
REASONS WAIVED: The Acting Assistant Secretary determined that
failure to grant the requested waiver would adversely affect the
purposes of the Shelter Plus Care program, because the
administrative burdens for the homeless initiative had doubled and
the project had reached full capacity without using all the rental
assistance available.
FOR ITEMS 12 THROUGH 17, WAIVERS GRANTED FOR 24 CFR PART 761
CONTACT: Gloria Cousar, Deputy Assistant Secretary, Office of Public
and Assisted Housing Delivery, U.S. Department of Housing and Urban
Development, 451 7th Street, SW, Room 4126, Washington, DC 20410;
telephone (202) 619-8201 (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.
12. REGULATION: 24 CFR 761.30(b).
PROJECT/ACTIVITY: Lackawanna County Housing Authority Youth
Sports Program (Grant No. #PA26YSP0380194).
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 Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: March 12, 1997.
REASON WAIVED: The Lackawanna County Housing Authority was
unable to complete the winter sports component of their grant within
the regulatory time-frame, due to unseasonably warm weather. The
waiver permitted the housing authority to continue its winter sports
activities.
13. REGULATION: 24 CFR 761.30(b).
PROJECT/ACTIVITY: Newark Housing Authority, Newark, New Jersey;
Public Housing Drug Elimination Grant Program (PHDEP) (Grant
#NJ39DEP0020194).
NATURE OF REQUIREMENT: The regulations state that the terms of
the grant agreement may not exceed 24 months for the PHDEP 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 Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: May 23, 1997.
REASON WAIVED: The waiver was granted in order to permit the
Newark Housing Authority (NHA) to revise its plan regarding the use
of PHDEP funding. The revised PHDEP plan permits the NHA to conduct
law enforcement (municipal police services), physical security, U.S.
Attorney's anti-violence task force operations in the NHA, and other
security and resident activities.
14. REGULATION: 24 CFR 761.30(b).
PROJECT/ACTIVITY: Hoboken Housing Authority, Hoboken, New
Jersey; Public Housing Drug Elimination Grant Program (Grant
#NJ39DEP0430194).
NATURE OF REQUIREMENT: The regulations state that the terms of
the grant agreement may not exceed 24 months for the PHDEP 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 Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: July 10, 1997.
REASON WAIVED: The waiver was granted in order to permit the
Hoboken Housing Authority (HHA) to revise its plan regarding the use
of PHDEP funding. The revised PHDEP plan permits the HHA to carry
out law enforcement and resident activities.
15. REGULATION: 24 CFR 761.30(b).
PROJECT/ACTIVITY: Camden Housing Authority, Camden, New Jersey;
Public Housing Drug Elimination Grant Program (Grant
#NJ39DEP0100194, #NJ39DEP0100195 and #NJ39DEP0100196).
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 Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: August 12, 1997.
REASON WAIVED: The waiver was granted in order to permit the
Camden Housing Authority (CHA) to revise its plan regarding the use
of PHDEP funding. The revised PHDEP plan permits the CHA to carry
out law enforcement and resident activities.
16. REGULATION: 24 CFR 761.30(b).
PROJECT/ACTIVITY: Charlottesville Redevelopment and Housing
Authority, Charlottesville, Virginia; Public Housing Drug
Elimination Grant Program (Grant #VA36DEP0160194).
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 Emanuel Marchman, Acting Assistant Secretary,
Office of Public and Indian Housing.
DATE GRANTED: August 18, 1997.
REASON WAIVED: The waiver was necessary to permit the
Charlottesville Redevelopment and Housing Authority requested to
reprogram small amounts ($365.00) of grant funds from several budget
line items into their drug prevention program.
17. REGULATION: 24 CFR 761.30(b).
PROJECT/ACTIVITY: Memphis Housing Authority, Memphis, Tennessee;
Public Housing Drug Elimination Program (Grant #TN00DEP0010194).
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 Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: September 26, 1997.
REASON WAIVED: The Memphis Housing Authority requested this
extension to continue the implementation of Operation Safe Home II.
The purpose of this extension is to obligate funds (contractually)
regarding law enforcement activities for the MHA.
FOR ITEM 18, WAIVER GRANTED FOR 24 CFR PART 811, CONTACT: James
Mitchell, Office of Housing, Department of Housing and Urban
Development, 451 Seventh 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 toll-free Federal Information Relay Service at 1-800-
877-8391.
18. REGULATION: 24 CFR 811.108(a).
PROJECT/ACTIVITY: Defeasance and redemption of bonds which
financed a Section 8 assisted project in Columbus, Ohio (the Nelson
Park Apartments, FHA No. 043-35233).
NATURE OF REQUIREMENT: The regulation provides that upon full
redemption of bond principal and interest, any remaining balance in
the debt service reserve shall be remitted to HUD.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner.
DATE GRANTED: December 24, 1997.
REASONS WAIVED: Banc One Capital Corporation wishes to purchase
the mortgage note from the bond trustee for a price which, when
added to Series 1980 Bond reserves of $616,157, will permit full
discharge of outstanding bond principal. The Columbus Metropolitan
Housing Authority has requested the use of $200,000 of such reserves
to finance repairs to seven public housing projects in its
jurisdiction. HUD consented to this request, based on advice by the
Ohio State Office that Nelson Park Apartments does not need
additional funds for repairs or replacement reserves.
FOR ITEM 19, WAIVER GRANTED FOR 24 CFR PART 882 CONTACT: Debbie
Ann Wills, Field Management Officer, U.S.
[[Page 29513]]
Department of Housing and Urban Development, Office of Community
Planning and Development, 451 7th Street, SW, Room 7152, Washington,
DC 20410-7000; 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.
19. REGULATION: 24 CFR 882.408(a).
PROJECT/ACTIVITY: The Los Angeles 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 regulations 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: December 5, 1997.
REASONS WAIVED: The waiver was granted because the Housing
Authority documented that the rents presently charged and received
for efficiency and one bedroom units in Los Angeles, where the
project is located, were significantly higher than the published
FMRs.
FOR ITEMS 20 AND 21, WAIVERS GRANTED FOR 24 CFR PART 901
CONTACT: William C. Thorson, Director, Administrative and
Maintenance Division, Office of Public and Indian Housing, U.S.
Department of Housing and Urban Development, 451 7th Street, SW,
Room 4124, Washington, DC 20410; telephone (202) 708-4703 (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.
20. REGULATION: 24 CFR 901.100(b).
PROJECT/ACTIVITY: The St. Louis Housing Authority (SLHA)
requested a waiver of the above cited regulation to obtain an
extension for submission of its Public Housing Management Assessment
Program (PHMAP) certification.
NATURE OF REQUIREMENT: Public Housing Agencies submit their
PHMAP certification within 60 days of fiscal year end. This
certification along with information in the field office files and
verification of data through on-site confirmatory reviews provide
the basis for the PHMAP grades and total score determined by HUD.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: The SLHA stated that a computer virus has been
implanted in its on-line computer system. The virus was activated on
September 14, 1997, and resulted in the master files for payroll,
Section 8 program assistance, tenant accounting, general ledger,
housing eligibility and work orders being deleted. Other files have
randomly been deleted from the computer system corrupting the
integrity of the SLHA's computerized data collection system. In
addition, the SLHA, a troubled agency, was having its Independent
Assessment performed during November 10-21, 1997. The information
obtained during this assessment was helpful to the St. Louis Office
of Public Housing in assessing the SLHA for its FYE 1997, and
provided accurate and up-to-date data for the 1997 PHMAP assessment.
21. REGULATION: 24 CFR 901.100(b).
PROJECT/ACTIVITY: The Williamsburg Redevelopment and Housing
Authority, VA, (WRHA) requested a waiver of the above cited
regulation to obtain a 30-day extension for submission of its Public
Housing Management Assessment Program (PHMAP) certification.
NATURE OF REQUIREMENT: Public Housing Agencies submit their
PHMAP certification within 60 days of fiscal year end. This
certification along with information in the field office files and
verification of data through on-site confirmatory reviews provide
the basis for the PHMAP grades and total score determined by HUD.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: December 17, 1997.
REASON WAIVED: The WRHA stated that it discovered that its work
orders had not been coded properly since April 1997, when new staff
was hired, thus distorting the information necessary to complete the
PHMAP certification. The WRHA was furthered hampered by a breakdown
of the maintenance department's computer, which had to be repaired.
HUD granted the waiver in order to ensure that the WRHA was
reporting accurate information and that it scored correctly under
the PHMAP.
FOR ITEM 22 THROUGH 39, WAIVERS GRANTED FOR 24 CFR PART 982,
984, AND 990 CONTACT: Gloria Cousar, Deputy Assistant Secretary,
Office of Public and Assisted Housing Delivery, U.S. Department of
Housing and Urban Development, 451 7th Street, SW, Room 4126,
Washington, DC 20410; telephone (202) 619-8201 (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.
22. REGULATION: 24 CFR 982.303(b).
PROJECT/ACTIVITY: Housing Authority and Urban Renewal Agency of
Lane County, Oregon; Section 8 Rental Certificate Program.
NATURE OF REQUIREMENT: The regulation provides for a maximum
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: October 3, 1997.
REASON WAIVED: Approval of the waiver prevented further hardship
to a program participant who was forced to move from her assisted
unit because it was damaged by fire. As a result of severe illness,
she was unable to seek another unit when her certificate was
reissued.
23. REGULATION: 24 CFR 982.303(b).
PROJECT/ACTIVITY: Housing Authority of Lake County, Illinois;
Section 8 Rental Certificate Program.
NATURE OF REQUIREMENT: The regulation provides for a maximum
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: October 9, 1997.
REASON WAIVED: Approval of the waiver prevented hardship to the
severely developmentally disabled certificate holder whose special
housing requirements made it difficult to find a suitable unit.
24. REGULATION: 24 CFR 982.303(b).
PROJECT/ACTIVITY: Housing Authority of the County of Santa
Clara, California; Section 8 Rental Voucher Program.
NATURE OF REQUIREMENT: The regulation provides for a maximum
voucher term of 120 days during which a voucher holder may seek
housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: October 12, 1997.
REASON WAIVED: Approval of the waiver prevented hardship to the
single parent head of household and her family. Due to debilitating
illness and mobility problems the family needed additional time to
locate an accessible unit in a tight rental market with a vacancy
rate of one percent.
25. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: October 30, 1997.
REASON WAIVED: Approval of the waiver prevented hardship for a
disabled certificate holder whose medical condition prevented her
from seeking housing during a portion of the time her certificate
was in effect.
26. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 19, 1997.
REASON WAIVED: Approval of the waiver prevented further hardship
and possible homelessness for the certificate holder and her
children. The family was forced to move from the unit where they had
been assisted when the property went into foreclosure. Illness of
the mother prevented the family
[[Page 29514]]
from seeking housing during the time the certificate was in effect.
27. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: Approval of the waiver prevented further hardship
to a disabled certificate holder who could not seek housing because
she was hospitalized during the time her certificate was in effect.
28. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: Approval of the waiver prevented further hardship
to a disabled certificate holder who was unable to seek housing
during the time her certificate was in effect because she was ill.
29. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON GRANTED: Approval of the waiver prevented further
hardship to the family. Extended illness of the mother prevented the
family from seeking housing during the time their certificate was in
effect.
30. REGULATION: 24 CFR 982.303(b).
PROJECT/ACTIVITY: Commonwealth of Massachusetts Department of
Housing and Community Development; Section 8 Rental Voucher Program.
NATURE OF REQUIREMENT: The regulation provides a maximum rental
voucher term of 120 days during which a voucher holder may seek
housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: Approval of the waiver prevented further hardship
to the homeless voucher holder, a victim of domestic violence.
Severe heart disease and an adverse reaction to her heart medication
prevented the voucher holder from seeking housing during the time
her voucher was in effect.
31. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: Approval of the waiver prevented hardship to the
family. The medical condition of the disabled head of household made
it impossible for the family to seek housing during much of the time
her rental certificate was in effect.
32. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: The waiver prevented hardship to the certificate
holder who was unable to seek housing during a portion of the time
her certificate was in effect because of multiple medical problems,
including spinal arthritis.
33. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: The waiver prevented hardship to the certificate
holder who was forced to move from the unit where she had been
assisted. She was unable to seek housing during much of the time her
certificate was in effect because of serious health problems.
34. 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
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: November 21, 1997.
REASON WAIVED: The waiver prevented hardship to the disabled
certificate holder who was unable to seek housing because she was
hospitalized during much of the time her certificate was in effect.
35. REGULATION: 24 CFR 982.303(b).
PROJECT/ACTIVITY: Housing Authority of Oceanside, California;
Section 8 Rental Voucher Program.
NATURE OF REQUIREMENT: The regulation provides for a maximum
certificate term of 120 days during which a certificate holder may
seek housing to be leased under the program.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: December 16, 1997.
REASON WAIVED: The waiver prevented further hardship to the
disabled voucher holder whose serious health problems prevented her
from seeking a unit during much of the time her voucher was in
effect.
36. REGULATION: 24 CFR 982.352(c)(8).
PROJECT/ACTIVITY: City of Minnetonka, Minnesota; Section 8
Rental Certificate Program.
NATURE OF REQUIREMENT: The regulation provides that a family may
not receive the benefit of tenant-based assistance while also
receiving any local or State rent subsidy for the same unit.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: October 21, 1997.
REASON WAIVED: The monies to be provided by the city are not
duplicative subsidy since they are being provided to fund the gap
between the market rents and the Section 8 rents. Development of the
units represents a public/private partnership to create affordable
housing and approval of the waiver expands the housing choice of
families enabling them to move to desirable housing in a nonimpacted
area.
37. REGULATION: 24 CFR 984.306(b).
PROJECT/ACTIVITY: Housing Authority and Community Services
Agency of Lane County, Oregon; Section 8 Family Self-Sufficiency
(FSS) Program.
NATURE OF REQUIREMENT: The regulation provides that a Section 8
rental certificate or voucher program participant must lease a unit
in the jurisdiction of the Public Housing Agency that selected the
family for the FSS program for a minimum of 12 months after the
effective date of the FSS contract.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: October 21, 1997.
REASON WAIVED: Approval of the waiver permitted the Section 8
certificate program participant to move closer to her new employment
while remaining in the FSS program.
38. REGULATION: 24 CFR 990.107(b)(1) and 990.110(c)(2)(ii).
PROJECT/ACTIVITY: Housing Authority of Wilmington, NC;
Performance Funding System (PFS) regulations.
NATURE OF REQUIREMENT: The PFS regulations at 24 CFR part 990
require that current utility rates be used in the calculation of
savings under an energy performance contract.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
[[Page 29515]]
DATE GRANTED: November 6, 1997.
REASON WAIVED: The PFS provides incentives for housing agencies
to leverage private financing for the installation of energy
conservation measures under the energy performance contracting
program. The waiver will assist the Housing Authority of Wilmington
to enter into an energy performance contract by allowing the use of
a ``floor rate'' in the event that there are insufficient funds to
pay the debt service on the private financing because of a drop in
rates, even if the contractor achieves the savings specified in the
contract.
39. REGULATION: 24 CFR 990.107(b)(1) and 990.110(c)(2)(ii).
PROJECT/ACTIVITY: Housing Authority of the City of Kinston, NC;
Performance Funding System (PFS) regulations.
NATURE OF REQUIREMENT: The PFS regulations at 24 CFR part 990
require that current utility rates be used in the calculation of
savings under an energy performance contract.
GRANTED BY: Kevin Emanuel Marchman, Acting Assistant Secretary
for Public and Indian Housing.
DATE GRANTED: December 17, 1997.
REASON WAIVED: The PFS provides incentives for housing agencies
to leverage private financing for the installation of energy
conservation measures under the energy performance contracting
program. The waiver will assist the Housing Authority of the City of
Kinston to enter into an energy performance contract by allowing the
use of a ``floor rate'' in the event that there are insufficient
funds to pay the debt service on the private financing because of a
drop in rates, even if the contractor achieves the savings specified
in the contract.
[FR Doc. 98-14244 Filed 5-28-98; 8:45 am]
BILLING CODE 4210-32-P
