[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Notices]
[Pages 28462-28473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13191]
[[Page 28461]]
_______________________________________________________________________
Part IV
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Secretary
_______________________________________________________________________
Regulatory Waiver Requests Granted; Notice
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 /
Notices
[[Page 28462]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[FR-3864-N-01]
Notice of Regulatory Waiver Requests Granted
AGENCY: Office of the Secretary, HUD.
ACTION: Public Notice of the Granting of Regulatory Waivers. Request:
October 1, 1994 through December 31, 1994.
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SUMMARY: Under the Department of Housing and Urban Development Reform
Act of 1989 (Reform Act), the Department (HUD) is required to make
public all approval actions taken on waivers of regulations. This
notice is the sixteenth 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;
TDD: (202) 708-3259. (These are not toll-free numbers.) For information
concerning a particular waiver action, about 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 action.
SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development
Reform Act of 1989, the Congress adopted, at HUD's request, legislation
to limit and control the granting of regulatory waivers by the
Department. Section 106 of the Act (Section 7(q)(3)) of the Department
of Housing and Urban Development Act, 42 U.S.C. 3535(q)(3), 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 the Department 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 also contains requirements applicable to waivers of HUD
handbook provisions that are not relevant to the purposes of today's
document.
Today's document follows publication of HUD's Statement of Policy
on Waiver of Regulations and Directives Issued by HUD (56 FR 16337,
April 22, 1991). This is the sixteenth Notice of its kind to be
published under Section 106. It updates HUD's waiver-grant activity
from October 1, 1994 through December 31, 1994.
For ease of reference, waiver requests grant 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 24.200 (involving the waiver of a provision in Part 24)
would come early in the sequence, while waivers in the Section 8 and
Section 202 programs (24 CFR Chapter VIII) 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. 811.105(b) and Sec. 811.107(a) would appear
sequentially in the listing under Sec. 811.105(b).) Waiver-grant
actions involving the same initial regulatory citation are in time
sequence beginning with the earliest-dated waiver grant action.
Should the Department 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 occur between April 1, 1995 through June
30, 1995.
Accordingly, information about approved waiver requests pertaining
to regulations of the Department is provided in the Appendix that
follows this Notice.
Dated: May 22, 1995.
Henry G. Cisneros,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Officers of the Department of Housing and Urban Development October 1,
1994 through December 31, 1994
Note to Reader: The person to be contacted for additional
information about these waiver-grant items in this listing is: James
B. Mitchell, Director, Financial Services Division, Office of
Housing, Department of Housing and Urban Development, 470 L'Enfant
Plaza East, room 3119, Washington, DC 20024, Phone: (202) 755-7450.
1. REGULATION: 24 CFR Sections 811.106(d) and 811.107(d) of 1977
Regulations.
PROJECT/ACTIVITY: The Louisville Housing Authority refunding of
bonds which financed an uninsured Section 8 assisted project,
Carrousel Apartments, Project Number 083-35365.
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-FHA Commissioner
DATE GRANTED: December 28, 1994
REASONS WAIVED: The Part 811 regulations cited were intended for
original bond financing transactions and do not fit the terms of
refunding transactions. This refunding proposal was approved by HUD
on December 1, 1994. Refunding bonds have been priced to an average
yield of 7.49%. The tax-exempt refunding bond issue of $6,120,000 at
current low-interest rates will save Section 8 subsidy. The Treasury
also gains long-term tax revenue benefits through replacement of
outstanding tax-exempt coupons of 11%-12% at the call date in 1994
with tax-exempt bonds at a substantially lower interest rate. The
refunding will also substantially reduce the mortgage interest rate
at expiration of the HAP contract from 12% to 8.28%, thus reducing
FHA mortgage insurance risk. The refunding serves the important
public purposes of reducing HUD's Section 8 program costs, improving
Treasury tax revenues (helping reduce the budget deficit), and
increasing the likelihood that projects will continue to provide
housing for lower income families after subsidies expire, a priority
HUD objective.
2. REGULATION: 24 CFR Sections 811.106(d) and 811.107(d) of 1977
Regulations.
PROJECT/ACTIVITY: Cuyahoga Metropolitan (Ohio) HA refunding of
bonds which financed an uninsured Section 8 assisted project:
Ambleside Elderly Apartments, HUD Project Number OH16-0013-012, in
Cleveland, Ohio.
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption
[[Page 28463]] of multifamily housing revenue bonds from Federal
income taxation.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-FHA Commissioner
DATE GRANTED: December 28, 1994
REASONS WAIVED: The Part 811 regulations cited above prohibited
refundings and required that excess reserve balances be used for
project purposes. The issuer has requested HUD permission to release
excess reserve balances from the 1977 Trust Indenture for use in
providing newly constructed or rehabilitated housing for low-income
families. Issuance of 1994 refunding bonds under Section 103 of the
Tax Code will not reduce project debt service nor generate Section 8
savings. The Housing Authority will agree to extend low-income
occupancy in this project for 10 years after expiration of the
Housing Assistance Payments Contract.
3. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: Cuyahoga County (Ohio) Metropolitan Housing
Authority refunding of bonds which financed Section 8 assisted
projects, Rock Glen and Chester Village Apartments (FHA No. 042-
35394 and 042-35407).
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: October 19, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on October 12, 1994. Refunding bonds have been priced to an
average yield of 7.12%. The tax-exempt refunding bond issue of
$3,110,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 9.25%-10.5%
at the call date with tax-exempt bonds yielding 7.12%. The refunding
will also substantially reduce the FHA mortgage interest rate at
expiration of the HAP contract from 10.5% and 9.75% to 8.5% and
7.25%, thus reducing FHA mortgage insurance risk. The refunding
serves the important public purposes of reducing HUD's Section 8
program costs, improving Treasury tax revenues, (helping reduce the
budget deficit), and increasing the likelihood that projects will
continue to provide housing for low-income families after subsidies
expire, a priority HUD objective.
4. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: Berne, Indiana, HDC refunding of bonds which
financed Section 8 assisted project, the Swiss Meadows Apartments
(FHA No. 073-35378).
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: October 24, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on September 8, 1994. Refunding bonds have been priced to an
average yield of 7.45%. The tax-exempt refunding bond issue of
$1,875,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 10\1/4\% at
the call date with tax-exempt bonds yielding 7.45%. The refunding
will also substantially reduce the FHA mortgage interest rate at
expiration of the HAP contract from 10.5% and 8.3%, thus reducing
FHA mortgage insurance risk. The refunding serves the important
public purposes of reducing HUD's Section 8 program costs, improving
Treasury tax revenues (helping reduce the budget deficit), and
increasing the likelihood that projects will continue to provide
housing for low-income families after subsidies expire, a priority
HUD objective.
5. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: Greensboro, North Carolina HDC refunding of
bonds which financed two Section 8 assisted projects, Gatewood Manor
Apartments, FHA No. 053-35404 and Laurence Manor, FHA No. 053-35427.
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: October 25, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on August 23, 1994. Refunding bonds have been priced to an
average yield of 6.65%. The tax-exempt refunding bond issue of
$1,910,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 11.8% at
the call date in 1994 with tax-exempt bonds yielding 6.65%. The
refunding will also substantially reduce project debt service at
expiration of the HAP contracts, thus reducing FHA mortgage
insurance risk. The refunding serves the important public purposes
of reducing HUD's Section 8 program costs, improving Treasury tax
revenues (helping reduce the budget deficit), and increasing the
likelihood that projects will continue to provide housing for lower
income families after subsidies expire, a priority HUD objective.
6. REGULATION: 24 CFR Sections 811.107(a)(2), 811.108(a)(1),
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: The Housing Finance Corporation of Paterson,
New Jersey refunding of bonds which financed a Section 8 assisted
project, Aspen-Hamilton Apartments, FHA No. 031-35233.
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: October 25, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on August 9, 1994. Refunding bonds have been priced to an
average yield of 7.25%. The tax-exempt refunding bond issue of
$3,175,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 10.5% at
the call date in 1994 with tax-exempt bonds at a substantially lower
interest rate. The refunding will also substantially reduce the FHA
mortgage interest rate at expiration of the HAP contract from 10.75%
to 7.9%, thus reducing FHA mortgage insurance risk, and will provide
funds of $50,000 for project repairs. The refunding serves the
important public purposes of reducing HUD's Section 8 program costs,
improving Treasury tax revenues (helping reduce the budget deficit),
and increasing the likelihood that projects will continue to provide
housing for low-income families after subsidies expire, a priority
HUD objective.
7. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(A)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: The Akron (Ohio) Metropolitan Housing
Authority refunding of bonds which financed a Section 8 assisted
project, Briarwood Estates Apartments, FHA No. 042-35337.
[[Page 28464]]
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: November 10, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on August 23, 1994. Refunding bonds have been priced to an
average yield of 7.19%. The tax-exempt refunding bond issue of
$3,750,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 9.5% at the
call date in 1994 with tax-exempt bonds at a substantially lower
interest rate. The refunding will also substantially reduce the FHA
mortgage interest rate at expiration of the HAP contract from 9.375%
to 6.52%, thus reducing FHA mortgage insurance risk, and will
provide funds of $44,544 for project repairs. The refunding serves
the important public purposes of reducing HUD's Section 8 program
costs, improving Treasury tax revenues (helping reduce the budget
deficit), and increasing the likelihood that projects will continue
to provide housing for low-income families after subsidies expire, a
priority HUD objective.
8. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: The Raleigh (North Carolina) Housing Authority
refunding of bonds which financed a Section 8 assisted project, Pine
Village Apartments FHA No. 053-35551.
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: November 16, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on February 7, 1994. Refunding bonds have been priced to an
average yield of 7.41%. The tax-exempt refunding bond issue of
$1,300,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 10.45% at
the call date in 1994 with tax-exempt bonds at a substantially lower
interest rate. The refunding will also substantially reduce the FHA
mortgage interest rate at expiration of the HAP contract from 10.73%
to 7.9%, thus reducing FHA mortgage insurance risk. The refunding
serves the important public purposes of reducing HUD's Section 8
program costs, improving Treasury tax revenues (helping reduce the
budget deficit), and increasing the likelihood that projects will
continue to provide housing for low-income families after subsidies
expire, a priority HUD objective.
9. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(A)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: The Elizabeth City (North Carolina) Housing
Authority refunding of bonds which financed a Section 8 assisted
project, Virginia Dare Apartments (FHA No. 053-35371).
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: December 27, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on December 20, 1994. Refunding bonds have been priced to an
average yield of 7.11%. The tax-exempt refunding bond issue of
$2,150,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 11.9% at
the call date in 1994 with tax-exempt bonds at a substantially lower
interest rate. The refunding will also substantially reduce the FHA
mortgage interest rate at expiration of the HAP contract, from(12%
to 7.87%, thus reducing FHA mortgage insurance risk, and will
provide funds of $198,000 for project repairs. The refunding serves
the important public purposes of reducing HUD's Section 8 program
costs, improving Treasury tax revenues (helping reduce the budget
deficit), and increasing the likelihood that projects will continue
to provide housing for low-income families after subsidies expire, a
priority HUD objective.
10. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),
811.108(A)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
PROJECT/ACTIVITY: The Erie County (Pennsylvania) Housing
Authority refunding of bonds which financed a Section 8 assisted
project, Edinlake Apartments (FHA No. 033-35148).
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation and
authorize call of debentures prior to maturity.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: December 28, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions. To credit enhance refunding bonds
not fully secured by the FHA mortgage amount, HUD also agrees not to
exercise its option under 24 CFR Section 207.259(e) to call
debentures prior to maturity. This refunding proposal was approved
by HUD on December 20, 1994. Refunding bonds have been priced to an
average yield of 7.15%. The tax-exempt refunding bond issue of
$1,410,000 at current low-interest rates will save Section 8
subsidy. The Treasury also gains long-term tax revenue benefits
through replacement of outstanding tax-exempt coupons of 11.5% at
the call date in 1994 with tax-exempt bonds at a substantially lower
interest rate. The refunding will also substantially reduce the FHA
mortgage interest rate at expiration of the HAP contract from 11.78%
to 7.6%, thus reducing FHA mortgage insurance risk, and will provide
funds of $100,000 for project repairs. The refunding serves the
important public purposes of reducing HUD's Section 8 program costs,
improving Treasury tax revenues (helping reduce the budget deficit),
and increasing the likelihood that projects will continue to provide
housing for low-income families after subsidies expire, a priority
HUD objective.
11. REGULATION: 24 CFR Sections 811.114(d), 811.115(b), 811.117.
PROJECT/ACTIVITY: The Housing Finance Corporation of Newark, New
Jersey refunding of bonds which financed a Section 8 assisted
project, Broadway Manor Apartments (FHA No. 031-35235).
NATURE OF REQUIREMENT: The Regulations set conditions under
which HUD may grant a Section 11(b) letter of exemption of
multifamily housing revenue bonds from Federal income taxation.
GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for
Housing-Federal Housing Commissioner
DATE GRANTED: November 16, 1994
REASONS WAIVED: The Part 811 regulations cited above were
intended for original bond financing transactions and do not fit the
terms of refunding transactions under Section 103 of the Tax Code.
This refunding proposal was approved by HUD on October 21, 1994.
Refunding bonds have been priced to an average yield of 7.51%. The
tax-exempt refunding bond issue of $3,824,000 at current low-
interest rates will save Section 8 subsidy. The Treasury also gains
long-term tax revenue benefits through replacement of outstanding
tax-exempt coupons of 10.8% at the call date in 1994 with tax-exempt
bonds at a substantially lower interest rate. The refunding serves
the important public purposes of reducing HUD's Section 8 program
costs, improving Treasury [[Page 28465]] tax revenues (helping
reduce the budget deficit), and increasing the likelihood that
projects will continue to provide housing for low-income families
after subsidies expire, a priority HUD objective.
Note to the reader: The person to be contacted for additional
information about these waiver-grant items is:
Debbie Ann Wills, Field Management Officer, U.S. Department of
Housing & Urban Development, Office of Community Planning and
Development, 451 7th Street, S.W., Washington, D.C. 20410-7000,
Telephone: (202) 708-2565.
12. REGULATION: CFR 51.102(a)(3) and 51.104(b)(2)
PROJECT/ACTIVITY: Leland Apartments a Section 811 project
containing 24 units designed for the handicapped.
NATURE OF REQUIREMENT: The regulations require that for a
project exposed to unacceptable noise levels an environmental impact
statement must be conducted.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: October 14, 1994.
REASONS WAIVED: It was determined that the project met the
requirements of Section 51.104(b)(2) of the noise regulation in that
noise is the only environmental issue and no outdoor noise sensitive
use will take place.
13. REGULATION: 24 CFR 91.60(c)
NATURE OF REQUIREMENT: The Assistant Secretary used the waiver
authority of 24 CFR 91.99 to waive the provision of 24 CFR 91.60 (c)
that requires a 30-day public comment period on the proposed CHAS
for all FY 1995 New York HUD-administered Small Cities applicants.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: December 5, 1994
REASONS WAIVED: The waiver will give Small Cities applicants
time to prepare the required CHAS and apply for funding under the
Small Cities Program in a more timely manner.
14. REGULATION: 24 CFR 92.214(a)(8)
PROJECT/ACTIVITY: The City of Homestead, Florida requested a
waiver to allow HOME funds to be used to reimburse the City's
general fund for the cost of land which it had previously donated to
the Homestead Housing Authority.
NATURE OF REQUIREMENT: The new regulations at 92.214(a)(8)
prohibit the use of HOME funds ``to pay for the acquisition of
property owned by the participating jurisdiction.''
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 18, 1994
REASONS WAIVED: The waiver was granted because the City of
Homestead was in a unique situation due to Hurricane Andrew and the
waiver was granted for good cause.
15. REGULATION: 24 CFR 92.216 and 24 CFR 92.252(a)(3)
PROJECT/ACTIVITY: The City of Santa Monica is requesting a
waiver of 24 CFR 92.216 and 92.252(a)(3) of the HOME program
regulations.
NATURE OF REQUIREMENT: The regulations at 92.216 and
92.252(a)(3) state income targeting requirements allow HOME funds to
be used only in units where the occupants are or will be low-income
families.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: December 27, 1994
REASON WAIVED: The City of Santa Monica determined that many of
the tenants whose homes were damaged by the earthquake were low-
income but not all those displaced were low-income. To further the
completion of the project and to allow former tenants to return to
the project the income determination requirements of the HOME
program were waived.
16. REGULATION: 24 CFR 92.221(a)(3)
PROJECT/ACTIVITY: The State of California requested a waiver of
the match credit under 24 CFR 92.221(a)(3).
NATURE OF REQUIREMENT: The regulations at 24 CFR 92.221(a)(3)
require a match of HOME funds with local funds.
GRANTED BY: Andrew Cuomo, Assistant Secretary of Community
Planning and Development
DATE GRANTED: October 14, 1994
REASON WAIVED: Good cause was found to grant a waiver of 24 CFR
92.221(a)(3) for HOME projects owned by California non-profit
organizations to allow the present discounted value of the welfare
tax exemption to be counted up front as match for the HOME program.
17. REGULATION: 24 CFR 92.222(b)
PROJECT/ACTIVITY: The State of Alabama requested that the match
reduction made because the area was declared a natural disaster area
be extended for Fiscal 1995.
NATURE OF REQUIREMENT: Under the HOME Program, each
participating jurisdiction must match its allocation of HOME Program
funds. Jurisdictions designated federal ``natural disaster areas''
are given relief from the match requirements for one year.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
REASON WAIVED: To relieve the jurisdiction of coming up with
matching funds that would delay the use of HOME funds in an
emergency situation.
18. REGULATION: 24 CFR 92.251(a)
PROJECT/ACTIVITY: The State of Arizona requested a waiver for
Navajo County to permit rehabilitation which utilizes HOME funds,
without bringing the unit into compliance with HUD housing quality
standards (HQS) due to remote location and/or inaccessible
utilities.
NATURE OF REQUIREMENT: Section 92.251(a) provides that housing
assisted with HOME funds meet, at a minimum, HUD housing quality
standards, and provides other minimum standards for substantial
rehabilitation and new construction.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 18, 1994
REASON WAIVED: The waiver was granted because housing stock and
cultural conditions are quite different in the remote area of the
Navajo County and it would be prohibitively expensive to meet HQS.
This waiver applies only to those instances where rehabilitation
will not bring the unit to the level of HQS requirements due to the
remote location and/or inaccessibility of utilities.
19. REGULATION: 24 CFR 92.252(a)(2)
NATURE OF REQUIREMENT: Developers of the Spring Homes Project
requested a waiver of the HOME Program rent limitations.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: December 27, 1994
REASONS WAIVED: The Department recognizes that a difference
exists between the rent requirement of the HOME program and the
project-based rent structure of the Section 811 program consequently
it was determined that there was good cause to waive the 24 CFR
92.252(a)(2).
20. REGULATION: 24 CFR 92.502(g)
PROJECT/ACTIVITY: The State of Rhode Island is requesting a
waiver of Section 92.502(g) of the HOME program regulations on
behalf of the City of Providence.
NATURE OF REQUIREMENT: The regulations at 92.502(g) state that a
State and local participating jurisdiction (PJ) may jointly fund a
project within the boundaries of the PJ, however, the State must
designate the local PJ as a state recipient and that recipient must
set up the project on the Cash and Management Information System.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 17, 1994
REASONS WAIVED: Because the State is responsible for overall
administration of both projects and the bulk of the financing is
from the State it is more reasonable for the State to set up the
project on the CMI system. It was determined that failure to grant
the waiver would adversely impact the purposes of Title II of the
National Affordable Housing Act.
21. REGULATION: 24 CFR 291.400
PROJECT/ACTIVITY: The Anoka County Community Action Program
requested a waiver of the 24 month residency for a tenant in a
single family property leased under the single family property
disposition homeless program.
NATURE OF THE REQUIREMENT: The regulations at 291.400 prohibit a
nonprofit organization or a community participating in the Single
Family Property Disposition Leasing Program from extending a lease
to the same tenant for a period beyond 24 months.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATED GRANTED: October 27, 1994
REASONS WAIVED: The waiver will allow a formerly homeless family
with three minor children more time to find permanent housing.
22. REGULATION: 24 CFR 511.76(h) and 24 CFR 92.220(a)(1)(i)
PROJECT/ACTIVITY: The City of Hickory North Carolina requested a
waiver of program closeout requirements of the Rental Rehabilitation
program. [[Page 28466]]
NATURE OF REQUIREMENT: The regulations at 24 CFR 511.76(h) and
the HOME match requirements of 24 CFR 92.220(a)(1)(i) state that
program income from Rental Rehabilitation grant can only be used as
HOME match only after closeout of the applicable Rental
Rehabilitation grant.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 1994
REASONS WAIVED: The North Carolina Housing Finance Agency
(NCHFA), the Rental Rehabilitation grantee, had not yet met the
requirements for program closeout. However, the City of Hickory, as
a subrecipient of the State, has closed out all of its RRP grants
and was receiving program income from them. The waiver allowed the
City to use its program income to provide affordable rental housing
to low-income residents.
23. REGULATION: 24 CFR 570.200(h)
PROJECT/ACTIVITY: The City of West Allis, Wisconsin requested a
waiver of 24 CFR 570.200(h) regarding reimbursement of pre-agreement
costs for the Veteran's Park Redevelopment Project.
NATURE OF REQUIREMENT: Under the regulations, a locality is
precluded from obligating CDBG funds before grant award.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: December 6, 1994
REASONS WAIVED: HUD determined that failure to grant the waiver
would cause hardship and adversely affect the purposes of the Act.
The waiver of the limitations on pre-agreement costs at 24 CFR
570.200(h) will permit the reimbursement of local funds for the
Veteran's Park Redevelopment Project with FY 1995 and 1996 CDBG
funds.
24. REGULATION: 24 CFR 570.208(a)(3)
PROJECT/ACTIVITY: The City of Oakland, California requested a
waiver of the CDBG regulations at 24 CFR 570.208(a)(3).
NATURE OF THE REQUIREMENT: The regulations at 24 CFR
570.208(a)(3) require, as a general rule, that CDBG-assisted housing
structures principally benefit low- and moderate-income households.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 18, 1994
REASONS WAIVED: The waiver would allow less than 100 percent of
single family homes at a 36-unit Planned Unit Development to be sold
to low- and moderate-income households. The Department has
determined that the City has demonstrated that application of 24 CFR
570.208(a)(3) would create undue hardship and adversely affect the
purposes of the Act because it would impose an economic hardship on
low- and moderate-income buyers other than the number to be
subsidized.
25. REGULATION: 24 CFR 570.208(a)(3)
PROJECT/ACTIVITY: The City of Dallas, Texas requested a waiver
of the CDBG regulations at 24 CFR 570.208(a)(3)
NATURE OF REQUIREMENT: The regulations at 24 CFR 570.208(a)(3)
require, as a general rule, that CDBG-assisted housing structures
principally benefit low- and moderate-income households.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 18, 1994
REASON WAIVED: The waiver would allow less than 51 percent low-
and moderate-income occupancy of 3 projects rehabilitated through
the Section 108 program, as long as the percentage of Section 108
funds applied to each project will not constitute a greater
percentage of funds than the percentage of units occupied by low-
and moderate-income households.
26. REGULATION: 24 CFR 576.55(b)
PROJECT/ACTIVITY: The City of Binghamton, New York requested a
waiver of the Emergency Shelter Grants regulations at 24 CFR 576.21.
NATURE OF REQUIREMENT. The community requested a waiver of the
cap of essential services placed on ESG funds.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: December 27, 1994
REASONS WAIVED: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 percent cap on essential services may be waived if the grantee
``demonstrates that the other (eligible activities under the program
are already being carried out in the locality with other
resources.'' The City provided an analysis that demonstrated that
other categories of ESG activities will be carried out locally with
other resources, therefore, it was determined that the waiver was
appropriate.
27. REGULATION: 24 CFR 576.55(b)(1)
PROJECT/ACTIVITY: The City of Cleveland Ohio requested a waiver
of the Emergency Shelter Grants regulations at 24 CFR 576.55(b)(1).
NATURE OF THE REQUIREMENT: The regulations at 24 CFR
576.55(b)(1) require that the city obligate its current year's ESG
grant within 180 days.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 18, 1994
REASONS WAIVED: The City entered into a contract with a
nonprofit agency to develop a program design and business plan to
implement the continuum of care approach to serving the homeless.
Budgetary details of the contract were not finalized by the end of
the obligation deadline. HUD determined that enforcing the
regulatory requirements would cause undue hardship on the grantee
and adversely affect the purposes of the ESG program.
28. REGULATION: 24 CFR 576.55(b)(1) and 24 CFR 576.21
PROJECT/ACTIVITY: The State of Massachusetts requested a waiver
of the Emergency Shelter Grants regulations at 24 CFR 576.21.
NATURE OF REQUIREMENT: The community requested a waiver of the
cap of essential services placed on ESG funds.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 9, 1994
REASONS WAIVED: Under the Stewart B. McKinney Homeless
Assistance Act, amended by the National Affordable Housing Act, the
30 percent cap on essential services may be waived if the grantee
``demonstrates that the other eligible activities under the program
are already being carried out in the locality with other
resources.'' The State certified that its own shelters and nonprofit
shelters have developed sufficient capacity to provide for every
family that needs shelter, therefore, it was determined that the
waiver was appropriate.
29. REGULATION: 24 CFR 576.55(b)(2) and 24 CFR 576.21
PROJECT/ACTIVITY: Jersey City, New Jersey requested a waiver of
the requirement to spend its ESG funds within 24 months of grant
award. The community also requested a waiver of the cap of essential
services placed on ESG funds.
NATURE OF REQUIREMENT: The regulations at 24 CFR 576.55 state
that each formula city or county must spend all its ESG grant amount
within 24 months of the grant awarded by HUD. The Stewart B.
McKinney Homeless Assistance Act imposes a cap on ESG expenditures
for essential services.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: October 25, 1994
REASONS WAIVED: The two waivers were granted to further the
purposes of the Act. Because ESG monies were returned to the line-
of-credit, the time extension waiver was granted. The essential
services waiver was granted because the city could demonstrate that
the other eligible activities under the program are already being
carried out in the locality with other resources.
30. REGULATION: 24 CFR 808.408(b)
PROJECT/ACTIVITY: The Allen Metropolitan Housing Authority of
the State of Ohio requested a waiver which would allow the PHA to
utilize a gross rent for one of its SRO projects that would exceed
the applicable Fair Market Rent limitation permitted in its
agreement with HUD.
NATURE OF REQUIREMENT: The SRO regulations at 24 CFR 882.408(b)
state that the initial gross rent for any project must not exceed
the moderate rehabilitation FMR applicable to the unit on the date
the agreement is executed.
GRANTED BY: Andrew Cuomo, Assistant Secretary for Community
Planning and Development
DATE GRANTED: November 21, 1994
REASON WAIVED: It was determined that the PHA had taken all
reasonable actions to reduce the gross rents to within the
applicable FMR. So for project development to proceed, the FMR was
increased beyond the amount stated in the agreement.
Note to Reader: The person to be contacted for additional
information about the waiver-grant items in this listing: Gary
VanBuskirk, Director Homeownership Division, Office of Resident
Initiatives, Department of Housing and Urban Development, 451
Seventh Street, S.W., Room 4112, Washington, D.C. 20410, Phone:
(202) 708-4233, (This is not a toll-free number).
31. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) [[Page 28467]] Program, Guidelines, Section 301(b)(3) as
published on January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Nashua, New Hampshire Housing Authority (NHA), a time extension to
carry out the activities specified in its grant agreement. This
extension would be of benefit to the residents participating in
homeownership planning under its HOPE 1 mini-planning grant.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limits a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The authority proposed to utilize unobligated funds for a Career
Path Program in conjunction with Girl's Inc., N.H. Vocational
Technical College and the N.H. Job Training Partnership Council for
the residents of their public housing projects. They have taken
great care in planning properly to insure that the unobligated funds
provide maximum benefits as well as an excellent opportunity for
resident self-sufficiency. The NHA will submit a request to revise
its budget allocation to conform to the proposed additional
activities. Further action on the grant, however, was contingent on
the extension being granted.
32. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
New Bern, North Carolina Housing Authority (NBHA), a time extension
to carry out the activities specified in its grant agreement. This
extension would be of benefit to the residents participating in
homeownership planning under its mini-planning grant NC19HM10050192.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limits a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The NBHA noted that it was impeded in carrying out grant
activities due primarily to the reassignment of staff administering
the grant as well as an unanticipated delay in incorporating
resident groups at the two sites covered by the grant. The NBHA
wished to proceed to continue to work with the resident councils
which have been formed as well as to develop economic sufficiency
programs to assist the residents in utilizing the unexpended funds
remaining. Further action on the grant, however, was contingent on
the extension being granted.
33. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Dover, New Hampshire Housing Authority (DHA), a time extension to
carry out the activities specified in its grant agreement. This
extension would be of benefit to the residents participating in
homeownership planning under its HOPE 1 mini-planning grant.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limits a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The DHA noted that it had completed all of the activities
originally proposed and still had remaining funds. The DHA wished to
proceed with revised activities more in line with the current
desires of the residents under the grant. After taking into
consideration the diminished prospects of obtaining future HOPE
funding, the DHA concluded that it needed to concentrate more on
economic development planning activities. Towards that end, the DHA
will submit a request to revise its budget allocation to conform to
the proposed additional activities. Further action on the grant was
contingent, however, on the extension being granted.
34. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Lawrence, Massachusetts Housing Authority (LHA), a time extension to
carry out the activities specified in its grant agreement. This
extension would be of benefit to the residents participating in
homeownership planning under its HOPE 1 mini-planning grant.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limits a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The LHA noted that it had encountered unexpected delays due to a
change in the outlook of the residents as the grant progressed. The
LHA wished to proceed with revised activities more in line with the
current desires of the residents under the grant. After taking into
consideration the diminished prospects of obtaining future HOPE
funding, the LHA concluded that it needed to alter the emphasis of
its efforts under the grant to concentrate more on economic
development planning activities. Towards that end, the LHA would
submit a request to revise its budget allocation to conform to the
change in emphasis. Further action on the grant, however, would be
contingent on the extension being granted.
35. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Knox County Housing Authority (KCHA), a time extension to carry out
the activities specified in its grant agreement. This extension
would be of benefit to the residents participating in homeownership
planning under its HOPE 1 mini-planning grant.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The KCHA noted that it had encountered unexpected delays due to
a change in the outlook of the residents as the grant progressed.
The KCHA wished to proceed with revised activities more in line with
the current desires of the residents under the grant. After taking
into consideration the diminished prospects of obtaining future HOPE
funding, the KCHA concluded that it needed to alter the emphasis of
its efforts under the grant to concentrate more on economic
development planning activities. Towards that end, the KCHA would
submit a request to revise its budget allocation to conform to the
change in emphasis. Further action on the grant, however, would be
contingent on the extension being granted.
36. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) [[Page 28468]] Program, Guidelines, Section 301(b)(3) as
published on January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Charleston Human Rights Commission of Charleston, West Virginia
(CHRC), a time extension to carry out the activities specified in
its grant agreement. This extension would be of benefit to the
residents participating in homeownership planning under its HOPE 1
mini-planning grant.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The CHRC noted that it had encountered unexpected delays due to
a change in the leadership of the Littlepage Terrace Resident
Management Corporation (LTRMC). The CHRC wished to proceed with
revised activities more in line with the current desires of the
residents under the grant. After taking into consideration the
diminished prospects of obtaining future HOPE funding, the CHRC had
concluded that it needed to extend its activities which were
building the capacity of the residents as well as to plan for
additional self-sufficiency activities. Further action on the grant,
however, was contingent on the extension being granted.
37. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Glendale Resident Management Corporation (GRMC) of Minneapolis,
Minnesota, a time extension to carry out the activities specified in
its grant agreement. This extension would be of benefit to the
residents participating in homeownership planning under its HOPE 1
mini-planning grant MN46HM0020192.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The GMRC noted that although it had made substantial progress in
carrying out the grant, it has experienced difficulty in obtaining
accurate information from the local housing authority resulting in
unexpected delays in carrying out activities under the grant. The
GMRC, though, desired to continue to move forward with grant
activities. The extension would permit the GRMC to complete a proper
physical analysis and financial feasibility study of homeownership.
Further action on the grant, however, was contingent on the
extension being granted.
38. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Division of Housing of the City of Indianapolis, Indiana (DHCI) and
the Rowney Terrace Resident Management Corporation (RTRMC), a time
extension to carry out the activities specified in its grant
agreement. This extension would be of benefit to the residents
participating in homeownership planning at its Rowney Terrace
development.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 17, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The DHCI/RTRMC noted that they had encountered unexpected delays
due to a change in the leadership of the RTRMC. The DHCI/RTRMC
wished to proceed with revised activities more in line with the
current desires of the residents under the grant. After conducting a
needs assessment under the grant, the DHCI/RTRMC had concluded that
they need to alter the emphasis of their efforts under the grant to
concentrate more on economic development planning activities.
Towards that end, the DHCI/RTRMC submitted a request to revise their
budget allocations to conform to the change in emphasis. Further
action on the grant, however, was contingent on the extension being
granted.
39. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Winston-Salem, North Carolina Housing Authority (WSHA), a time
extension to carry out the activities specified in its grant
agreement. This extension would be of benefit to the residents
participating in homeownership planning at its Townview development
(NC19HM10120192).
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 18, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The WSHA noted that they had encountered unexpected delays due
to an initial lack of participation on the part of the residents.
The Resident participation had increased since the organization of a
resident council. The WSHA wished to proceed with activities
designed to further analyze and present possible options for
homeownership to residents as well as to build the capacity of the
resident organization. Further action on the grant, however, was
contingent on the extension being granted.
40. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
City of Little Rock, Arkansas (HACLR), a time extension to carry out
the activities specified in its grant agreement. This extension
would be of benefit to the residents participating in homeownership
planning at its Amelia B. Ives development.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 18, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The HACLR noted that it had encountered unexpected delays in
securing approval of its project management plan and its staff
becoming familiar with what is permissible under the grant. The
HACLR wished to proceed with revised activities. After taking into
consideration the diminished prospects of obtaining future HOPE
funding, the HACLR concluded that it needed to alter the emphasis of
its efforts under the grants to consider alternative approaches to
pursuing homeownership and to increase its emphasis on economic
development planning activities. Further action on the grant,
however, was contingent upon the extension being granted.
41. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) [[Page 28469]] Program, Guidelines, Section 301(b)(1) as
published on January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Jacksonville, Florida Department of Housing and Urban Development
(JDHUD), a time extension to carry out the activities specified in
its grant agreement. This extension would be of benefit to the
residents participating in homeownership planning at its Centennial
Towers development (FL29HM10010992).
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 25, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The JDHUD noted that it had encountered unexpected delays due to
difficulties in obtaining required approval from Jacksonville,
Florida city government as well as an initial lack of participation
on the part of the residents and changes in staff administering the
grant. The JDHUD wished to proceed with planning activities designed
to increase resident capacity and develop the resident management
corporation. Further action on the grant, however, was contingent
upon the extension being granted.
42. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Pompano Beach, Florida Community Development Corporation (PBCDC), a
time extension to carry out the activities specified in its grant
agreement. This extension would be of benefit to the residents
participating in homeownership planning under its HOPE 1 mini-
planning grant (FL29HM10280192).
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 25, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The PBCDC noted that it had encountered unexpected delays due to
unexpected difficulty in completing the feasibility study and a lack
of resident participation. The PBCDC wished to proceed with planning
activities designed to foster resident self-sufficiency and economic
development. Further action on the grant, however, was contingent
upon the extension being granted.
43. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Ocala, Florida Housing Authority (OHA), a time extension to carry
out the activities specified in its grant agreement. This extension
would be of benefit to the residents participating in homeownership
planning at its N.H. Jones development (FL29HM10320192).
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limits a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 25, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The OHA noted that it had encountered unexpected delays due to
lack of interest in homeownership for the units at the development,
structural deficiencies in the development's units, and a lack of
resident self-sufficiency. The OHA wished to proceed with planning
activities designed to foster resident self-sufficiency and economic
development. Further action on the grant, however, was contingent
upon the extension being granted.
44. REGULATION: HOPE for Public and Indian Housing Homeownership
(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on
January 14, 1992 (57 FR 1522).
PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the
Jacksonville, Florida Tenant Advisory Council (JTAC), a time
extension to carry out the activities specified in its grant
agreement. This extension would be of benefit to the residents
participating in homeownership planning under its HOPE 1 mini-
planning grants FL29HM10010292, FL29HM10010392, FL29HM10010492,
FL29HM10010592, FH29HM10010892, FL29HM10011092, FL29HM10011192,
FL29HM10011392, FL29HM10011492.
NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program
Guidelines limit a HOPE 1 mini-planning grantee to carrying out
activities funded under its grant within eighteen (18) months of the
effective date of the mini-planning grant agreement.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 25, 1994
REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,
a regulatory provision that is ``not otherwise required by law'' may
be waived by the Assistant Secretary for Public and Indian Housing
upon a determination of good cause, and upon documentation of the
pertinent facts and grounds supporting the waiver.
Good cause was exhibited as follows:
The JTAC noted that it had encountered unexpected delays due to
a changeover in a number of leadership positions and difficulty in
dealing with a troubled housing agency. The JTAC wished to proceed
with activities designed to further resident training and economic
development planning. Further action on the grant, however, was
contingent upon the extension being granted.
45. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership
Opportunity Program) and Corresponding Provisions of the Turnkey III
Handbook (7495.3)
PROJECT/ACTIVITY: Housing Opportunities Commission of Montgomery
County (HOC), Maryland Turnkey III Homeownership Opportunity Program
Projects MD 4-3 (Bel Pre Square), MD 4-6 Scattered Sites, MD 4-10
Scattered Sites, MD 4-11 (Tobytown). Conversion to low-income rental
status.
NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III
Handbook define and govern the Turnkey III Homeownership Opportunity
Program.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 21, 1994
REASON WAIVED: The Housing Opportunities Commission of
Montgomery County, Maryland requested the ability to convert certain
housing units of the HOC's projects MD 4-3, 4-6, 4-10, 4-11 to low-
rent public housing' status.
The Department of Housing and Urban Development has established
certain criteria and procedures by which to judge the efficacy of
such a conversion on a case-by-case basis. After investigation of
the circumstances, and in an attempt to assist the HOC to better
serve its low-income tenants, the Department decided that granting
this conversion was in the best interests of all concerned.
The conversion of Turnkey III units to low-income rental is
implemented according to existing HUD procedures.
The housing authority has shown good cause and demonstrated
compliance with all applicable regulatory requirements for this
conversion.
46. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership
Opportunity Program) and Corresponding Provisions of the Turnkey III
Handbook (7495.3)
PROJECT/ACTIVITY: East St. Louis, Illinois Housing Authority
(ESLHA), Turnkey III Homeownership Opportunity Program Projects
IL001-014, 016, 018, 020, 022, 023, 024.
NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III
Handbook require that upon sale of a homeownership unit that the
monies received be remitted to HUD to reduce the capital
indebtedness on the project. Excess Residual Receipts and or
Operating Reserves are also to be remitted to HUD.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 22, 1994 [[Page 28470]]
REASON WAIVED: Project debt forgiveness was authorized by the
provisions of Section 3004 of the Housing and Community Development
Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272
(April 7, 1986), which amends Section 4 of the United States Housing
Act of 1937. The Amendments authorized the Secretary of HUD to
forgive outstanding principal and interest on loans made by the
Secretary to Public Housing Agencies (PHAs)/Indian Housing
Authorities (IHAs) and to cancel the terms of any contract with
respect to repayment.
Turnkey III debt forgiveness, as authorized above, is
implemented according to existing HUD procedures.
The housing authority has shown good cause and demonstrated
compliance with all applicable regulatory requirements for debt
forgiveness.
47. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership
Opportunity Program) and Corresponding Provisions of the Turnkey III
Handbook (7495.3)
PROJECT/ACTIVITY: Lubbock, Texas Housing Authority (LHA),
Turnkey III Homeownership Opportunity Program Project TX018-003
NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III
Handbook require that upon sale of a homeownership unit that the
monies received be remitted to HUD to reduce the capital
indebtedness on the project. Excess Residual Receipts and or
Operating Reserves are also to be remitted to HUD.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 14, 1994
REASON WAIVED: Project debt forgiveness was authorized by the
provisions of Section 3004 of the Housing and Community Development
Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272
(April 7, 1986), which amends Section 4 of the United States Housing
Act of 1937. The Amendments authorized the Secretary of HUD to
forgive outstanding principal and interest on loans made by the
Secretary to Public Housing Agencies (PHAs)/Indian Housing
Authorities (IHAs) and to cancel the terms of any contract with
respect to repayment.
Turnkey III debt forgiveness, as authorized above, is
implemented according to existing HUD procedures.
The housing authority has shown good cause and demonstrated
compliance with all applicable regulatory requirements for debt
forgiveness.
48. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership
Opportunity Program) and Corresponding Provisions of the Turnkey III
Handbook (7495.3)
PROJECT/ACTIVITY: Prince Georges County, Maryland Department of
Housing and Community Development (DHCD), Turnkey III Homeownership
Opportunity Program Project MD15-5.
NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III
Handbook require that upon sale of a homeownership unit that the
monies received be remitted to HUD to reduce the capital
indebtedness on the project. Excess Residual Receipts and or
Operating Reserves are also to be remitted to HUD.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 15, 1994
REASON WAIVED: Project debt forgiveness was authorized by the
provisions of Section 3004 of the Housing and Community Development
Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272
(April 7, 1986), which amends Section 4 of the United States Housing
Act of 1937. The Amendments authorized the Secretary of HUD to
forgive outstanding principal and interest on loans made by the
Secretary to Public Housing Agencies (PHAs)/Indian Housing
Authorities (IHAs) and to cancel the terms of any contract with
respect to repayment.
Turnkey III debt forgiveness, as authorized above, is
implemented according to existing HUD procedures.
The housing authority has shown good cause and demonstrated
compliance with all applicable regulatory requirements for debt
forgiveness.
49. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership
Opportunity Program) and Corresponding Provisions of the Turnkey III
Handbook (7495.3)
PROJECT/ACTIVITY: Atlanta, Georgia Housing Authority, Turnkey
III Homeownership Opportunity Program Projects GA6-38, GA6-39, GA6-
40, GA6-46, and GA6-51.
NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III
Handbook require that upon sale of a homeownership unit that the
monies received be remitted to HUD to reduce the capital
indebtedness on the project. Excess Residual Receipts and or
Operating Reserves are also to be remitted to HUD.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 23, 1994
REASON WAIVED: Project debt forgiveness was authorized by the
provisions of Section 3004 of the Housing and Community Development
Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272
(April 7, 1986), which amends Section 4 of the United States Housing
Act of 1937. The Amendments authorized the Secretary of HUD to
forgive outstanding principal and interest on loans made by the
Secretary to Public Housing Agencies (PHAs)/Indian Housing
Authorities (IHAs) and to cancel the terms of any contract with
respect to repayment.
Turnkey III debt forgiveness, as authorized above, is
implemented according to existing HUD procedures.
The housing authority has shown good cause and demonstrated
compliance with all applicable regulatory requirements for debt
forgiveness.
Note to Reader: The person to be contacted for additional
information about these waivers is: MaryAnn Russ, Director, Office
of Assisted Housing, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410, Phone: (202) 708-1380 (This is not a toll-free
number).
50. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Allen Metropolitan
Housing Authority (AMHA) of Lima, OH, to permit the establishment of
ceiling rents for its entire low-rent inventory.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly Income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 3, 1994
REASON WAIVED: AMHA has experienced vacancy problems due to
families moving out when their rents begin to exceed those on the
private market. The AMHA is developing a homeownership plan with its
HOPE III Planning Grant, and ceiling rents is a key ingredient in
maintaining eligible families as their income increases while
awaiting completion of the homeownership plan and approval for its
implementation.
51. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Newman Grove Housing
Authority (NGHA) of Newman Grove, Nebraska, to permit the
establishment of ceiling rents for seven of its one-bedroom units
that are approximately 780 square feet.
NATURE OF REQUIREMENT: The total tenant payment a public housing agency
(PHA) must charge shall be the highest of the following, rounded to the
nearest dollar: (1) 30% of Monthly Adjusted Income; (2) 10% of Monthly
income; or (3) if the Family receives Welfare Assistance from a public
agency and a part of such payments, adjusted in accordance with the
Family's actual housing costs, is specifically designated by such
agency to meet the Family's housing costs, the monthly portion of such
payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 12, 1994 0REASON WAIVED: The NGHA has
experienced a vacancy problem. Six of the seven small one-bedroom
units in its 20-unit project were vacant most of the time. Non-
elderly applicants were unwilling to pay 30% of their income for
such a small apartment. The waiver was granted to enable NGHA to
address its vacancy problem by improving its marketability to
potential applicants.
52. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Housing and
Redevelopment Authority of Tracy, Minneapolis (HRAT), to permit the
establishment of ceiling rents for its 59 1-bedroom units.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the
[[Page 28471]] following, rounded to the nearest dollar: (1) 30% of
Monthly Adjusted Income; (2) 10% of Monthly income; or (3) if the
Family receives Welfare Assistance from a public agency and a part
of such payments, adjusted in accordance with the Family's actual
housing costs, is specifically designated by such agency to meet the
Family's housing costs, the monthly portion of such payments which
is so designated. GRANTED BY: Joseph Shuldiner, Assistant Secretary
for Public and Indian Housing
DATE GRANTED: October 12, 1994
REASON WAIVED: HRAT began to experience high vacancy rates after
the construction of other housing in the area, which offered larger
units and more amenities. Due to the size of its units, the HRAT
could not attract a sufficient number of applicants willing to pay
30% of income. The establishment of ceiling rents will enable HRAT
to address its vacancy problem by improving its marketability to
potential applicants.
53. REGULATION: 24 CFR Part 913.107(a) PROJECT/ACTIVITY: A
request was made by the Pawnee City Housing Authority (PHA) of
Pawnee City, NE, to permit the establishment of ceiling rents for
its entire inventory.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 12, 1994
REASON WAIVED: The PCHA has experienced vacancy problems and has
several families paying rents higher than those in the private
market. In order to prevent turnovers due to rent increases and to
attract applicants to vacant units, the PCHA was allowed to
establish ceiling rents.
54. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Oshkosh Housing
Authority (OHA) of Oshkosh, Nebraska, to permit the establishment of
ceiling rents for its entire low-rent inventory.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 12, 1994
REASON WAIVED: OHA has had a sustained vacancy problem for
several years. The establishment of ceiling rents will enable OHA to
address its vacancy problem by improving its marketability to
potential applicants.
55. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Puerto Rico Public
Housing Administration (PRPHA), to permit the establishment of
ceiling rents for all of its public housing units.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 7, 1994
REASON WAIVED: The PRPHA has experienced unequitable rents in
comparison with private market housing due to the economic disparity
among various localities in the Commonwealth. The establishment of
ceiling rents will provide for the statutory minimum rent levels as
required by statute, and reflect the economic disparity which exists
between various Fair Market Rent (FMR) areas throughout the
Commonwealth.
56. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Boulder County
Housing Authority (BCHA) of Boulder, CO, to permit the establishment
of ceiling rents for its entire inventory.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 15, 1994
REASON WAIVED: The establishment of ceiling rents for BCHA will
assist families living in BCHA's developments who are making the
transition from welfare to employment, or who have obtained higher-
paying jobs. In order to prevent turnovers due to rent increases and
to attract applicants to vacant units, the BCHA was allowed to
establish ceiling rents.
57. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the Housing and
Redevelopment Authority of Detroit Lakes, Minnesota (HRA), to permit
the establishment of ceiling rents for its sole project, MN107001.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 22, 1994
REASON WAIVED: The HRA has experienced a vacancy problem. The
HRA has experienced frequent turnover and refusals by applicants as
30 percent of their adjusted monthly income would be higher than the
rents in the private market. In order to prevent turnovers due to
rent increases and to attract applicants to vacant units, the HRA
was allowed to establish ceiling rents.
58. REGULATION: 24 CFR Part 913.107(a)
PROJECT/ACTIVITY: A request was made by the St. Edward Housing
Authority (SEHA) of St. Edward, Nebraska, to permit the
establishment of ceiling rents for its 18-unit project NE 26P059001.
NATURE OF REQUIREMENT: The total tenant payment a public housing
agency (PHA) must charge shall be the highest of the following,
rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;
(2) 10% of Monthly income; or (3) if the Family receives Welfare
Assistance from a public agency and a part of such payments,
adjusted in accordance with the Family's actual housing costs, is
specifically designated by such agency to meet the Family's housing
costs, the monthly portion of such payments which is so designated.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 23, 1994
REASON WAIVED: SEHA has had a sustained vacancy problem for
several years. The establishment of ceiling rents will enable SEHA
to address its vacancy problem by improving its marketability to
potential applicants.
59. REGULATION: 24 CFR Part 970
PROJECT/ACTIVITY: A request was made by the Housing Authority of
the City of Dumas, Arkansas to temporarily convert one 3-bedroom
unit for tenant services activities for a 4-year period.
NATURE OF REQUIREMENT: Under the terms of the Annual
Contributions Contract (ACC), public housing agencies (PHAs) are
required to maintain and operate its property as housing for low-
income families. A PHA may not take any action to demolish or
dispose of a public housing project or a portion of a public housing
project without obtaining HUD approval.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 23, 1994
REASON WAIVED: The Authority received a $10,000 grant from the
Bureau of Alcohol and Drug Abuse Prevention, Arkansas Department of
Health, for a range of counseling activities for young people. The
dwelling will serve as a meeting and counseling center for
teenagers. There will be no structural change to the unit nor
additional cost for the conversion. [[Page 28472]]
Note to reader: The person to be contacted for additional
information about these waiver-grant items in this listing is:
Madeline Hastings, Director, Moderate Rehabilitation Division,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Washington, DC 20410, Phone: (202) 708-3887, TDD: (202) 708-4594
(These are not toll-free numbers).
60. REGULATION: 24 CFR 984.306(b)
PROJECT/ACTIVITY: Housing Authority of Salt Lake City, Utah,
Initial Occupancy Requirement for the Section 8 Family Self-
Sufficiency (FSS) Program
NATURE OF REQUIREMENT: The regulation prohibits a Section 8
portability move by an FSS family within the first year of execution
of the FSS contract of participation.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 19, 1994
REASON WAIVED: Waivers were granted for two families because it
was determined that the move outside the jurisdiction of the public
housing agency would help each family to achieve its FSS program
goals.
61. REGULATION: 24 CFR 982.201
PROJECT/ACTIVITY: Waiver of Very Low-Income Requirement for
Section 8 Certificate assistance for 48 families residing in the
Mariner's Village complex in Portsmouth, New Hampshire.
NATURE OF REQUIREMENT: The regulation provides that eligible
applicants for admission to the tenant-based Section 8 programs must
either be very low-income families or fall within certain specified
categories of low-income families.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 25, 1994
REASON WAIVED: Mariner's Village housing complex had been poorly
maintained and was on the verge of bankruptcy when the City of
Portsmouth became involved. The City is committed to assuring
revitalization of the complex and its continued availability as
affordable housing. The waiver was granted to protect in place
families by ensuring that they do not become rent burdened or
economically displaced as a result of the rent increases anticipated
after rehabilitation of the complex.
62. REGULATION: 24 CFR 984.306(b)
PROJECT/ACTIVITY: Island County, Washington, Housing Authority,
Initial Occupancy Requirement for the Section 8 Family Self-
Sufficiency (FSS) Program
NATURE OF REQUIREMENT: The regulation prohibits a Section 8
portability move by an FSS family within the first year of execution
of the FSS contract of participation.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 19, 1994
REASON WAIVED: The waiver allowed the Section 8 FSS program
participant to move closer to her job which increased her chances of
becoming financially self-sufficient and fully successful under the
FSS program.
Note to Reader: The person to be contacted for additional
information about the waiver-grant items in this listing is: John
Comerford, Director, Financial Management Division, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street SW., Washington, D.C. 20410, Phone: (202) 708-1872
(This is not a toll-free number).
63. REGULATION: 24 CFR 990.109(b)(3)(iv)
PROJECT/ACTIVITY: Housing Authority of the City of Little Rock
AR. In determining operating subsidy eligibility, a request was made
to use an occupancy percentage of 67% for its fiscal years ending in
1994 and 1995.
NATURE OF REQUIREMENT: The regulation defines the term of a
Comprehensive Occupancy Plan (COP) and requires (that a PHA that
completes its COP without achieving a 97% occupancy percentage use a
projected occupancy percentage of 97%.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 4, 1994
REASON WAIVED: The housing authority stated that there were
circumstances beyond its control that were responsible for its high
vacancy levels, including gang activity, high crime, and vandalism
throughout the developments. The housing authority had submitted an
application for the Vacancy Reduction Program. They have taken
positive actions to develop a plan that addresses the vacancy
problems and have sought funding to carry out that plan. In order to
be supportive of the efforts and progress made to date, permission
was granted to the actual occupancy percentage for the fiscal year
ending in 1994, with the requirement that at least 60% of the
resulting increase in operating subsidy is to be used for specific,
identifiable actions to increase occupancy. The Housing Authority is
responsible for developing a vacancy reduction strategy which will
be approved by HUD. The request for a waiver for the fiscal year
ending in 1995 was not approved. Under the provisions of the PFS
regulation, the authority will be able to adjust its occupancy
percentage for that year by the number of vacant units that are in a
funded on-schedule modernization (vacancy reduction) program.
64. REGULATION: 24 CFR 990.109(b)(3)(iv)
PROJECT/ACTIVITY: Youngstown OH Metropolitan Housing Authority.
NATURE OF REQUIREMENT: The regulation requires a Low Occupancy
PHA without an approved Comprehensive Occupancy Plan (COP) to use a
projected occupancy percentage of 97 percent.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 4, 1994
REASON WAIVED: The PHA didn't submit a Comprehensive Occupancy
Plan when first eligible but has been addressing its vacancy
problems thought its Improvement Plan. It was able to exceed the
goal established for its fiscal year ending 6/30/94, and is expected
to do so again for its fiscal year ending 6/30/95. Both an
Improvement Plan and a COP provide a format in which strategies and
actions, as well as desired results, can be identified and measured.
Both Plans also require the involvement of the Local HUD Office
through monitoring and oversight. Because of these similarities, and
in order to provide the same incentives to continue to achieve or
exceed the occupancy goals of its Improvement Plan, the PHA was
permitted to use 87% as the occupancy percentage for its fiscal year
ending 6/30/94 and 88% for its fiscal year ending 6/30/95.
65. REGULATION: 24 CFR 990.109(b)(3)(iv)
PROJECT/ACTIVITY: Blue Earth City, MN HRA. A request was made by
the Blue Earth City, MN Housing and Redevelopment Authority to use
its actual occupancy rate of 78% in determining its operating
subsidy eligibility for its fiscal year ending 6/30/95.
NATURE OF REQUIREMENT: A Housing Authority that has completed a
Comprehensive Occupancy Plan (COP) without achieving a 97% occupancy
percentage or having an average of five or fewer vacant units must
use a projected occupancy rate of 97%.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: November 17, 1994
REASON WAIVED: The Blue Earth City Housing and Redevelopment
Authority is a small Authority with 59 units of elderly housing. It
has been experiencing a vacancy problem for the past several years
attributable to small unit size, lack of upgrades, and competition
from other subsidized projects. The housing authority has developed
an Implementation Plan with a 5-year timetable in which it will seek
funding for needed renovations and will undertake other vacancy
reduction strategies such as increasing advertising and improving
maintenance practices.
66. REGULATION: 24 CFR 990.109(b)(3)(iv)
PROJECT/ACTIVITY: Housing Authority of Kansas City, MO. In
determining operating subsidy eligibility, a request was made to use
an occupancy percentage of 60% for its fiscal year ending in 1994
and to use 59% for 1995.
NATURE OF REQUIREMENT: The regulations defines the term of a
Comprehensive Occupancy Plan (COP) and requires that a PHA that
completes its COP without achieving a 97% occupancy percentage use a
projected occupancy percentage of 97%.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: December 23, 1994
REASON WAIVED: The housing authority has been placed into
receivership and it has taken over a year for the Special Master to
appoint a person to take effective control and be responsible and
accountable for the operation. They have subsequently taken steps to
develop vacancy reduction strategies which they will be implementing
with oversight from both the Court and the Area Office. In order to
be supportive of the efforts and progress made to date, permission
was granted to use an occupancy percentage of 60% for the fiscal
year ending in 1994 and 59% for the year ending in 1995 with the
requirement that at least 60% of the resulting increase in operating
subsidy is to be used for specific, identifiable actions to increase
occupancy. The Housing Authority is responsible for developing a
vacancy reduction strategy which will be approved by
[[Page 28473]] HUD. In the fall of 1995, the local HUD office will
conduct an on-site review to check and compare actual
accomplishments to date against expected occupancy goals. A decision
on the occupancy percentage for the fiscal year ending in 1996 will
be based on the results of that review.
67. REGULATION: 24 CFR 990.110(d)
PROJECT/ACTIVITY: Seattle, WA Housing Authority. In determining
the operating subsidy eligibility, a request was made to extend the
deadline for submission of a request for adjustment to rental
income.
NATURE OF REQUIREMENT: The PFS regulation imposes a 12-month
deadline on submission of requests for rental income adjustments.
GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and
Indian Housing
DATE GRANTED: October 19, 1994
REASON WAIVED: The previous administration of the Housing Agency
was not aware of their right to request this adjustment. This waiver
was granted based on the Housing Agency's eligibility for an
adjustment.
[FR Doc. 95-13191 Filed 5-30-95; 8:45 am]
BILLING CODE 4210-32-P
