[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 44082-44091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20802]
[[Page 44081]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Regulatory Waiver Requests Granted; Notice
Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 /
Notices
[[Page 44082]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4512-N-01]
Notice of Regulatory Waiver Requests Granted
AGENCY: Office of the Secretary, HUD.
ACTION: Public Notice of the Granting of Regulatory Waivers from
January 1, 1999 through March 31, 1999.
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SUMMARY: Under the Department of Housing and Urban Development Reform
Act of 1989 (the ``HUD Reform Act''), HUD is required to make public
all approval actions taken on waivers of regulations. This notice is
the thirty-third in a series, 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 HUD Reform Act.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Assistant General Counsel for
Regulations, Room 10276, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-0500;
telephone (202) 708-3055 (this is not a toll-free number). Hearing- or
speech-impaired persons may access this number via TTY by calling the
toll-free Federal Information Relay Service at (800) 877-8339. For
information concerning a particular waiver action for which public
notice is provided in this document, contact the person whose name and
address is set out for the particular item in the accompanying list of
waiver-grant actions.
SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development
Reform Act of 1989 (the ``HUD Reform Act''), the Congress adopted, at
HUD's request, legislation to limit and control the granting of
regulatory waivers by HUD. Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(2 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary rank or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived, and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request;
e. State how additional information about a particular waiver grant
action may be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice.
Today's document follows publication of HUD's Statement of Policy
on Waiver of Regulations and Directives issued by HUD on April 22, 1991
(56 FR 16337). This is the thirty-third notice of its kind to be
published under section 106 of the HUD Reform Act. This notice updates
HUD's waiver-grant activity from January 1, 1999 through March 31,
1999.
For ease of reference, waiver requests granted by departmental
officials authorized to grant waivers are listed in a sequence keyed to
the section number of the HUD regulation involved in the waiver action.
For example, a waiver-grant action involving exercise of authority
under 24 CFR 58.73 (involving the waiver of a provision in 24 CFR part
58) would come early in the sequence, while waivers of 24 CFR part 990
would be among the last matters listed.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement in title 24 that is being
waived as part of the waiver-grant action. (For example, a waiver of
both Sec. 58.73 and Sec. 58.74 would appear sequentially in the listing
under Sec. 58.73.)
Waiver-grant actions involving the same initial regulatory citation
are in time sequence beginning with the earliest-dated waiver grant
action.
Should HUD receive additional reports of waiver actions taken
during the period covered by this report before the next report is
published, the next updated report will include these earlier actions,
as well as those that occurred between April 1, 1999 through June 30,
1999.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: August 3, 1999.
Andrew Cuomo,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Officers of the Department of Housing and Urban Development January
1, 1999 Through March 31, 1999
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly before each set of waivers granted.
For Items 1 Through 10, Waivers Granted for 24 CFR Parts 91 and
92, Contact: Cornelia Robertson Terry, Field Management Division,
Office of Executive Services, Office of Community Planning and
Development, Room 7184, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-7000;
telephone (202) 708-2565 (this is not a toll-free number). Hearing-
or speech-impaired persons may access this number via TTY by calling
the toll-free Federal Information Relay Service at (800) 877-8339.
1. Regulation: 24 CFR 91.10(a), 24 CFR 92.300(a)(1), and 24 CFR
570.207(a)(1).
Project/Activity: The Municipality of Carolina requested the
following waivers: waiver to permit the Municipality to use CDBG
funds to rehabilitate city hall and construct new housing; waiver to
suspend the 15 percent CHDO set-aside requirement; waiver to allow
the Municipality to receive its HOME allocation in advance of the
program year.
Nature of Requirement: 24 CFR 570.207(a)(1) prohibit grantees
from using CDBG funds to assist in the development of city halls or
the construction of new housing. 24 CFR 92.300(a)(1) requires that
not less than 15 percent of each HOME grant be reserved for
investment in housing to be developed, sponsored, or owned by CHDOs.
24 CFR 91.10 requires each grantee to administer the HOME, CDBG,
ESG, and HOPWA programs on a concurrent program year.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: February 4, 1999.
Reasons Waived: HUD determined that these waivers were needed to
assist the Municipality in recovering from Hurricane Georges.
Section 122 of the Housing and Community Development Act of 1974
authorizes HUD to suspend program requirements for the use of funds
designated by the recipient to address damage in a Presidentially
declared disaster area.
2. Regulation: 24 CFR 91.402(a).
Project/Activity: The Cuyahoga County, Ohio Consortium requested
a waiver to permit the Consortium members to continue to operate
through the end of the consortium agreement (May 31, 1999) without
being fully aligned. The request also asked HUD to permit the
consortium members until
[[Page 44083]]
December 31, 2000, to revise and align their program years.
Nature of Requirement: 24 CFR 91.402(a) requires all units of
general local government that are members of a consortium to be on
the same program year for the CDBG, HOME, ESG, and HOPWA programs.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 7, 1999.
Reasons Waived: The consortium agreement was inadvertently
approved without the years being aligned. Because this period ends
on June 1, 1999, no program purpose would be served by requiring an
aligned program year prior to this date. A partial waiver request is
granted. The waiver request for an additional extension was denied.
3. Regulation: 24 CFR 91.520.
Project/Activity: The City of Des Moines, Iowa requested a
waiver of the submission date for the City's Consolidated Annual
CDBG Performance and Evaluation Report (CAPER).
Nature of Requirement: 24 CFR 91.520(a) requires each grant
recipient to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: February 22, 1999.
Reasons Waived: HUD determined that there was good cause for the
waiver. The City needed additional time for the installation of a
new accounting and data processing system and to adjust to recent
staff changes. As a result of the system change, the City does not
yet have complete year-end expenditure data needed to complete its
CAPER. HUD is interested in ensuring that the performance report
prepared by grantees is complete and accurate.
4. Regulation: 24 CFR 91.520.
Project/Activity: The City of New York requested a waiver of the
submission date for the City's CAPER.
Nature of Requirement: 24 CFR 91.520(a) requires each grant
recipient to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: March 24, 1999.
Reasons Waived: HUD determined that there was good cause for the
waiver. The City needed additional time for conversion to the IDIS
in the middle of its 1998 program year. HUD is interested in
ensuring that the performance report prepared by grantees is
complete and accurate.
5. Regulation: 24 CFR 91.520.
Project/Activity: The State of Iowa requested a waiver of the
submission date for the State's CAPER.
Nature of Requirement: 24 CFR 91.520(a) requires each grant
recipient to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: March 26, 1999.
Reasons Waived: HUD determined that there was good cause for the
waiver in view of the reasons set forth in the incoming document.
The State is in the process of converting its data management system
from one based on multiple programs to an integrated Microsoft
Office system. The transfer is time consuming and burdensome.
6. Regulation: 24 CFR 92.205(e).
Project/Activity: Peoria, Illinois requested a waiver of
regulations regarding repayment of HOME funds when there is
termination of a project prior to completion.
Nature of Requirement: 24 CFR 92.205(e) requires the repayment
of HOME funds spent on a project that is terminated before
completion.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 7, 1999.
Reasons Waived: The City disbursed $13,285.00 in HOME funds for
this project, which was never completed. The homeowner of the
single-family property died prior to completion. The owner had no
will or heirs. The County seized the property, and to facilitate the
County's disposition of the property, the City released its lien.
The repayment of these funds would cause the City a serious
financial hardship. HUD determined that, due to the unusual
circumstances, there is good cause for a waiver.
7. Regulation: 24 CFR 92.214(a)(7).
Project/Activity: The State of Minnesota requested a waiver in
order to commit additional HOME funds to a project up to 18 months
after the original HOME-funded project was completed.
Nature of Requirement: 24 CFR 92.214(a)(7) of the HOME
regulations states that HOME funds may not be used to provide
assistance (other than tenant-based rental assistance or assistance
to a homebuyer to acquire housing previously assisted with HOME
funds) to a project previously assisted with HOME funds during the
period of affordability established by the participating
jurisdiction under 24 CFR 92.502 or 24 CFR 92.504.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 12, 1999.
Reasons Waived: HUD determined that there is good cause to grant
the required waiver. The waiver will enable the Hubbard County
Housing Rehabilitation Authority to provide for the construction of
an elevator for residents in the Nevis elderly housing project.
8. Regulation: 24 CFR 92.251 & 24 CFR 92.502(d).
Project/Activity: The State of Wisconsin requested a waiver of
minimum property standards in order to permit a single-family HOME-
assisted property in the City of Sheboygen Falls to be considered
complete even though it does not meet the minimum rehabilitation
standards or local codes, as required by the HOME rule.
Nature of Requirement: 24 CFR 92.251 requires that housing
assisted with HOME funds must, at a minimum, meet the housing
quality standards.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: April 5, 1999.
Reasons Waived: HUD determined that there was good cause for the
waiver. The work on the property could not be completed due to storm
damage. The storm, which occurred on August 16, 1998, received a
Presidential Disaster Declaration. The City condemned the property.
However, prior to the storm, $2,396.69 in HOME funds was expended
out of the $25,000.00 set aside for the project.
9. Regulation: 24 CFR 92.254(a)(2)(iii).
Project/Activity: The City of Newton, MA and the Brookline
Newton Waltham WaterCity (BNWW) Consortium requested a waiver to
permit the City of Newton to determine 95 percent of the median area
purchase price on the median of housing sales within the City,
rather than the sales within the entire Consortium.
Nature of Requirement: 24 CFR 92.254(2)(iii) requires that an
increase in the maximum allowable housing purchase price to 95
percent of the median area purchase price must include all areas
that are part of the BNWW Consortium.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 12, 1999.
Reasons Waived: Newton would not be able to provide significant
homebuyer assistance (even for condominiums) if it had to abide by a
single Consortium-wide limit. The waiver will enable Newton to offer
a proposed first-time homebuyer's assistance program that will reach
income eligible households. HUD determined that there is good cause
to grant the requested waiver.
10. Regulation: 24 CFR 92.500(d)(1)(C).
Project/Activity: The City of St. Louis requested an extension
of the five-year deadline for the expenditure of HOME disaster grant
funds.
Nature of Requirement: 24 CFR 92.500 (d)(1)(C) requires HUD to
recapture any HOME funds not expended within five years after the
last day of the month in which HUD notified the grantee of its
execution of the HOME partnership agreement.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 12, 1999.
Reasons Waived: The City will lose the unexpended grant funds if
HUD fails to grant the extension. The City would suffer a
significant hardship if the unexpended disaster funds cannot be used
to complete these projects. HUD finds that these circumstances
constitute good cause for an extension of the five year expenditure
deadline.
For Item 11, Waiver Granted for 24 CFR Part 203, Contact: Vance
T. Morris, Director, Home Mortgage Insurance Division, Office of
Insured Single Family Housing, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-8000;
telephone (202) 708-2700 (this is not a toll-free number). Hearing-
or speech-impaired persons may access this number via TTY by calling
the
[[Page 44084]]
Federal Information Relay Service at (800) 877-8339.
11. Regulation: 24 CFR 203.49(c).
Project/Activity: Corinthian Mortgage Corporation requested a
waiver of the requirements of 24 CFR 203.49(c) to extend the initial
adjustment dates for adjustable rate mortgage (ARM) loans beyond the
12 to 18 month window currently provided for in the regulation.
Nature of Requirement: 24 CFR 203.49(c) requires that interest
rate adjustments for ARMs must occur on an annual basis, except that
the first adjustment may occur no sooner than 12 months nor later
than 18 months from the date of the mortgagor's first debt service
payment.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 20, 1999.
Reasons Waived: Approving the waiver enabled the lender to
securitize the loan and rendered no harm to the borrowers or to HUD.
For Item 12, Waiver Granted for 24 CFR Part 291, CONTACT: Art
Orton, Deputy Director, Asset Management Division, Office of Insured
Single Family Housing, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-8000;
telephone (202) 708-1672 (this is not a toll-free number). Hearing-
or speech-impaired persons may access this number via TTY by calling
the Federal Information Relay Service at (800) 877-8339.
12. Regulation: 24 CFR 291.110(a).
Project/Activity: Waiver of the requirement of 24 CFR 291.110(a)
to provide authority for governmental entities and private nonprofit
organizations to purchase, on a direct sales basis and with mortgage
insurance, HUD-owned single family properties and to provide
discounts of 50 percent for use in the Officer Next Door Sales
Program.
Nature of Requirement: 24 CFR 291.110(a) permits direct sales at
deep discounts off the list price of properties sold without
mortgage insurance to governmental entities and private nonprofit
organizations for use in HUD and local housing or homeless programs.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 19, 1999.
Reasons Waived: Approving the waiver enables governmental
entities and nonprofit organizations to fully participate in the
Officer Next Door Sales Program by purchasing properties eligible
for mortgage insurance at a 50 percent discount for resale to law
enforcement officers. Based on HUD's experience with REO sales, it
would not be detrimental to the insurance fund to permit
governmental entities and private nonprofit organizations to
purchase properties offered with mortgage insurance on a direct
sales basis or to provide discounts of 50 percent on properties sold
for use in the Officer Next Door Sales Program.
For Items 13 Through 19, Waivers Granted for 24 CFR Parts 570,
574, and 576, Contact: Cornelia Robertson Terry, Field Management
Division, Office of Executive Services, Office of Community Planning
and Development, Room 7184, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-7000;
telephone (202) 708-2565 (this is not a toll-free number). Hearing-
or speech-impaired persons may access this number via TTY by calling
the toll-free Federal Information Relay Service at (800) 877-8339.
13. Regulation: 24 CFR 570.200(h).
Project/Activity: The City of Oxnard requested a waiver to
permit the City to reimburse itself over a period of four years for
the purchase of property that will be used for the development of
single-family housing for low-income families.
Nature of Requirement: 24 CFR 570.200(h) governs CDBG
reimbursement for pre-award costs.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 22, 1999.
Reasons Waived: HUD determined that the project, which was
included in Oxnard's 1995-1999 Consolidated Plan and was subject to
public review and involvement through the citizen participation
process, will provide affordable for-sale housing to low-income
families. Because increasing homeownership is a priority for the
City as well as a goal for the Secretary and the President, there is
good cause to grant the waiver.
14. Regulation: 24 CFR 570.200(h)(1)(i).
Project/Activity: The City of Hazelton, Pennsylvania requested
reimbursement for pre-award costs for an emergency sewer project.
Nature of Requirement: 24 CFR 570.200(h)(1)(i) allows a grantee
to be reimbursed for pre-award costs, provided the activity for
which the costs are being incurred is included in a consolidated
action plan or an amended consolidated action plan (or an
application under subpart M of 24 CFR part 570) prior to the costs
being incurred.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: March 24, 1999.
Reasons Waived: The project was undertaken to correct street and
sewer flooding as a result of a severe thunderstorm. The City would
have to raise property taxes by 20 percent to pay for this emergency
if CDBG funds could not be used. HUD determined that a failure to
grant the waiver would result in an undue hardship for the City and
its residents, and would be contrary to the goals of the Housing and
Community Development Act of 1974.
15. Regulation: 24 CFR 574.330(a)(1).
Project/Activity: The City of Memphis, Tennessee requested a
waiver of the HOPWA regulation that provides for a limit on the term
of assistance for a resident of a short-term housing facility.
Nature of Requirement: 24 CFR 574.330(a)(1) provides for a limit
on the term of assistance for a resident of a short-term housing
facility of not more than 60 days during any six month period.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 7, 1999.
Reasons Waived: 24 CFR 574.330(a)(2) allows HUD to waive the
limitation in 24 CFR 574.330(a)(1) based on the good faith effort of
the grantee to provide permanent housing. The City of Memphis
advised that the United Way of the Mid-South is assisting the client
in obtaining permanent housing, which was expected to occur in mid-
January 1999.
16. Regulation: 24 CFR 576.21.
Project/Activity: Morris County, New Jersey requested a waiver
of the 30 percent spending limitation on essential services.
Nature of Requirement: 24 CFR 576.21 states that recipients of
ESG grant funds are subject to the limits on the use of assistance
for essential services established in 42 U.S.C. 11374(a)(2) (section
414(a)(2) of the Stewart B. McKinney Homeless Assistance Act). 42
U.S.C. 11374(a)(2)(B) limits the use of assistance for essential
services to 30 percent of the aggregate amount of all assistance to
a State or local government under the ESG program.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: January 22, 1999.
Reasons Waived: 42 U.S.C. 11374(b) allows for a waiver if the
grantee is able to demonstrate that other eligible activities under
the program are already being carried out in the locality with other
resources. Morris County provided information to HUD that indicated
it was able to meet its commitment to rehabilitation, as well as its
other immediate homeless and homeless prevention assistance needs
through a combination of other Federal, State and county sources.
17. Regulation: 24 CFR 576.21.
Project/Activity: The State of California requested a waiver of
the 30 percent spending limitation on essential services.
Nature of Requirement: 24 CFR 576.21 states that recipients of
ESG grant funds are subject to the limits on the use of assistance
for essential services established in 42 U.S.C. 11374(a)(2) (section
414(a)(2) of the Stewart B. McKinney Homeless Assistance Act). 42
U.S.C. 11374(a)(2)(B) limits the use of assistance for essential
services to 30 percent of the aggregate amount of all assistance to
a State or local government under the ESG program.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: February 4, 1999.
Reasons Waived: 42 U.S.C. 11374(b) allows for a waiver if the
grantee is able to demonstrate that other eligible activities under
the program are already being carried out in the locality with other
resources. The State has developed a certification to be executed by
all applicants intending to use more than 30 percent of its funds
for essential services certifying the availability of other funds to
carry out the other eligible activities.
18. Regulation: 24 CFR 576.35(a)(1).
Project/Activity: The State of Alabama requested a waiver of the
provision requiring recipients to spend their ESG funds within 180
days of the date of the grant award by HUD.
[[Page 44085]]
Nature of Requirement: 24 CFR 576.35(a)(1) requires States to
spend their ESG funds within 180 days of the grant award by HUD.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: February 12, 1999.
Reasons Waived: Alabama's contracting practices precluded timely
expenditure of ESG funds. HUD granted the State an expenditure date
of April 30, 1999 for its homeless prevention activities. HUD
determined that granting the waiver would further the purposes of
the Act.
19. Regulation: 24 CFR 576.35(b).
Project/Activity: The City of Chicago, Illinois requested a
waiver of the expenditure deadline for ESG funds.
Nature of Requirement: 24 CFR 576.35(b) requires Cities to spend
their ESG funds within 24 months of the date of the grant award by
HUD.
Granted by: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: March 26, 1999.
Reasons Waived: The City of Chicago's contracting practices
encouraging the use of local businesses certified as Minority
Business Enterprise (MBE) and Woman's Business Enterprise (WBE) have
caused delays in contract execution. HUD determined that granting
the waiver would further the purposes of the Act.
For Items 20 Through 21, Waivers Granted for 24 CFR Part 761,
Contact: Jackie Johnson, Deputy Assistant Secretary for Native
American Programs, Office of Public and Indian Housing, Room 4204,
U.S. Department of Housing and Urban Development, 451 Seventh
Street, SW, Washington, DC, 20410-5000; telephone (202) 619-8201
(this is not a toll-free number). Hearing- or speech-impaired
persons may access this number via TTY by calling the toll-free
Federal Information Relay Service at (800) 877-8339.
20. Regulation: 24 CFR 761.30(b)(2) and (4).
Project/Activity: A request was made by the Salt River Community
Housing Division (SRCHD) for a six-month extension to continue
activities that deter juvenile violence and vandalism under the
Public and Indian Housing Drug Elimination Grant Program (PIHDEP).
Nature of Requirement: The NOFA for the 1996 PIHDEP states that
grant activities must be completed within 24 months, up to and
including a maximum period of six months beyond the original grant
agreement. Any extension beyond the six months must be approved by
the Assistant Secretary for Public and Indian Housing.
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: December 16, 1998.
Reasons Waived: The grantee exhibited administrative capability
and the extension will permit the SRCHD to accomplish established
goals and objectives.
21. Regulation: 24 CFR 761.30(b)(2) and (4).
Project/Activity: A request was made by the Absentee Shawnee
Housing Authority (ASHA) for a retroactive seven-month extension.
Nature of Requirement: The NOFA for the 1996 PIHDEP states that
grant activities must be completed within 24 months, up to and
including a maximum period of six months beyond the original grant
agreement. Any extension beyond the six months must be approved by
the Assistant Secretary for Public and Indian Housing.
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 23, 1999.
Reasons Waived: The ASHA submitted sufficient evidence that they
have successfully completed many drug prevention activities and
services for their residents and that additional time will enable
them to sustain drug prevention measures.
22. Regulation: 24 CFR 761.30(b)(2) and (4).
Project/Activity: A request was made by the Pueblo of Acoma
Housing Authority (PAHA) for an 18-month extension of their Fiscal
Year 1995 Public and Indian Housing Drug Elimination Grant program
(PIHDEP). The grant was originally awarded to the All Indian Pueblo
Housing Authority (AIPHA), an umbrella housing authority that served
11 tribes in New Mexico including the Pueblo of Acoma. The AIPHA
dissolved and did not take significant steps to implement PIHDEP
activities so the grant was transferred to the PAHA.
Nature of Requirement: The NOFA for the 1995 PIHDEP states that
grant activities must be completed within 24 months, up to and
including a maximum period of six months beyond the original grant
agreement. Any extension beyond the six months must be approved by
the Assistant Secretary for Public and Indian Housing.
Granted by: Deborah Vincent, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: March 18, 1999.
Reasons Waived: The grantee has exhibited administrative
capability and the extension will permit the PAHA to implement and
complete all original activities in the comprehensive plan.
For Item 23, Waiver Granted for 24 CFR Part 811, Contact: James
B. Mitchell, Eastern and Atlantic Servicing Branch, Office of
Portfolio Management, Room 6164, U.S. Department of Housing and
Urban Development, 451 Seventh Street, SW, Washington, DC 20410-
8000; telephone (202) 708-3730 (this is not a toll-free number).
Hearing-or speech-impaired persons may access this number via TTY by
calling the Federal Information Relay Service at (800) 877-8339.
23. Regulation: 24 CFR 811.105(c)(3).
Project/Activity: Refunding of bonds that finance two Section 8
assisted projects in Newark, New Jersey: the Avon Hill Apartments,
FHA No. 031-35228 and Cathedral Park Apartments FHA No. 031-35231.
Nature of Requirement: The regulation requires that bonds issued
under section 11(b) of the United States Housing Act of 1937 (42
U.S.C. 14371i) be issued no more than 60 days after approval of such
issuance by the parent entity of the issuer.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 29, 1999.
Reasons Waived: The Refunding Bonds were issued by the Housing
Finance Corporation of Newark, New Jersey, 61 days after approval by
the parent entity, the Newark Housing Authority. In that the delay
of one day in issuance on February 6, 1999, was unavoidable, good
cause was found to waive this section.
For Items 24 Through 71, Waivers Granted for 24 CFR Part 891,
Contact: Willie Spearmon, Director, Office of Business Products,
U.S. Department of Housing and Urban Development, 451 Seventh
Street, SW, Washington, DC 20410-8000; telephone (202) 708-3000
(this is not a toll-free number). Hearing- or speech-impaired
persons may access this number via TTY by calling the Federal
Information Relay Service at (800) 877-8339.
24. Regulation: 24 CFR 891.100(d).
Project/Activity: Bivins Place, Richmond, Kentucky, Project
Number: 083-HD040.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 22, 1999.
Reasons Waived: The owner took all reasonable measures to reduce
project cost as well as to obtain other financing to cover a
majority of the shortfall.
25. Regulation: 24 CFR 891.100(d).
Project/Activity: B'nai B'rith, New Haven, Connecticut, Project
Number: 017-EE029.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 22, 1999.
Reasons Waived: The high development cost was due in part to
delays caused by the city withholding issuance of the building
permit for several months and the extraordinary expense for
environmental abatement.
26. Regulation: 24 CFR 891.100(d).
Project/Activity: Norris Square Senior Housing, Philadelphia,
Pennsylvania, Project Number: 034-EE068.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: January 22, 1999.
[[Page 44086]]
Reasons Waived: Additional funds were needed to pay for the
contractor's price increase resulting from unavoidable delays to the
construction start date.
27. Regulation: 24 CFR 891.100(d).
Project/Activity: Marian Manor, Louisville, Kentucky, Project
Number: 083-EE050.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 2, 1999.
Reasons Waived: The sponsor/owner, architect, contractor, and
consultant explored every avenue to save money on design, labor, and
materials and, as a result, the shortfall was reduced from $227,100
to $16,928.
28. Regulation: 24 CFR 891.100(d).
Project/Activity: AHEPA/Daughters of Penelope #120, Peabody,
Massachusetts, Project Number: 023-EE085.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 22, 1999.
Reasons Waived: The owner had to locate alternate source of
financing to meet section 106 historic preservation requirement.
29. Regulation: 24 CFR 891.100(d).
Project/Activity: Full Harvest Housing, Osceola, Iowa, Project
Number: 074-EE032.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 10, 1999.
Reasons Waived: The project was adversely affected by ``economy
of scale'' issues connected to a project of 25 total units and by a
construction boom in the area.
30. Regulation: 24 CFR 891.100(d).
Project/Activity: Clinton House, Detroit, Michigan,Project
Number: 044-HD020.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.100(d) allows HUD to amend the amount of an approved capital
advance only after an initial closing has occurred.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 18, 1999.
Reasons Waived: The actual cost of the project exceeded the fund
reservation amount. Requirements of the City of Detroit caused the
additional cost for development of the project.
31. Regulation: 24 CFR 891.165.
Project/Activity: Southern New Hampshire Services, Project
Number: 024-EE032.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 2, 1999.
Reasons Waived: The sponsor/owner changed sites twice due to
denial of discretionary land use approvals by the towns.
32. Regulation: 24 CFR 891.165.
Project/Activity: The Elms, Project Number: 024-HD022.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 2, 1999.
Reasons Waived: The sponsor/owner had to change sites.
33. Regulation: 24 CFR 891.165.
Project/Activity: Interfaith Housing, Westport, Connecticut,
Project Number: 017-HD015.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 8, 1999.
Reasons Waived: The sponsor had difficulty obtaining affordable
sites in the Country's most affluent county.
34. Regulation: 24 CFR 891.165.
Project/Activity: McKinley III, Chicago, Illinois, Project
Number: 071-HD093.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 8, 1999.
Reasons Waived: Time was needed for HUD to process the firm
application and review the closing documents.
35. Regulation: 24 CFR 891.165.
Project/Activity: Barbara Chappelle Manor, Grenada, Mississippi,
Project Number: 065-EE018.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 12, 1999.
Reasons Waived: The sponsor/owner was forced to change sites
because of local opposition. Additional time was needed to conduct
the appraisal and survey of the new site.
36. Regulation: 24 CFR 891.165.
Project/Activity: Jackson Place, Project Number: 136-HD009.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 22, 1999.
Reasons Waived: Cost problems resulted in the sponsor/owner
having to identify additional funding resources for project
feasibility.
37. Regulation: 24 CFR 891.165.
Project/Activity: Lake Champlain Housing Development, Project
Number: 024-HD024.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 23, 1999.
Reasons Waived: Negotiations with local governmental agencies
caused the delay in submission of the firm application.
38. Regulation: 24 CFR 891.165.
Project/Activity: Ellery Court Senior Housing, New York, New
York, Project Number: 012-EE186.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable
[[Page 44087]]
Housing Act (42 U.S.C. 8013). 24 CFR 891.165 provides that the
duration of the fund reservation for the capital advance is 18
months from the date of issuance, with limited exceptions up to 24
months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 23, 1999.
Reasons Waived: Time was needed for HUD to process the firm
application.
39. Regulation: 24 CFR 891.165.
Project/Activity: Rockland ARC Living Alternatives, New York,
New York, Project Number: 012-HD061.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date granted: February 26, 1999.
Reasons Waived: The sponsor/owner had to complete a very lengthy
and complex New York State site approval process.
40. Regulation: 24 CFR 891.165.
Project/Activity: Council Towers IV, New York, New York, Project
Number: 012-EE211.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date granted: February 26, 1999.
Reasons Waived: It took the professional cost estimator extra
time to submit a product acceptable to HUD, and the sponsor's Firm
Commitment application was revised several times in the course of 12
months in order to achieve feasibility.
41. Regulation: 24 CFR 891.165.
Project/Activity: Independent Living Apartment Complex, Project
Number: 140-HD014.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 10, 1999.
Reasons Waived: Time was needed because during the processing of
the firm commitment, a legal problem was discovered with the site. A
new survey had to be completed in order to revise the legal
description of the property. The delay was beyond the control of the
owner.
42. Regulation: 24 CFR 891.165.
Project/Activity: Cross Lanes Unity Apartments, Cross Lanes,
West Virginia, Project Number: 045-EE009.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 12, 1999.
Reasons Waived: Sponsor/owner had to acquire additional sources
of funding for the project.
43. Regulation: 24 CFR 891.165.
Project/Activity: East 21st Street Midwood Residence, Project
Number: 012-HD052.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Several review deficiencies had to be corrected
by the sponsor prior to acceptance of the application for
processing. Also, a lengthy New York State site review and approval
process had to be completed.
44. Regulation: 24 CFR 891.165.
Project/Activity: Hale O Mana'O Lana Housing, Wailuku, Hawaii,
Project Number: 140-HD015.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Additional time was needed for the owners to
obtain a survey and file an application to subdivide the property in
the Land Court.
45. Regulation: 24 CFR 891.165.
Project/Activity: W.K. Nursing Home Housing for the Elderly, New
York, New York, Project Number: 012-EE212.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Time was needed for the sponsor/owner to address
the site's environmental problems and for HUD to review the firm
application.
46. Regulation: 24 CFR 891.165.
Project/Activity: Victoria Jennings Residences, Chicago,
Illinois, Project Number: 071-HD088.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Time was needed for HUD to process the firm
application and review the closing documents.
47. Regulation: 24 CFR 891.165.
Project/Activity: Crystal Court Apartments, Chicago, Illinois,
Project Number: 071-HD009.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: The sponsor/owner needed additional time to
obtain a building permit from the City of Chicago.
48. Regulation: 24 CFR 891.165.
Project/Activity: Salvation Army Group Home-Pulaski, New York,
New York, Project Number: 012-HD029.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Additional time was required to complete the
approval process for city-owned land and to clear project for
initial closing.
49. Regulation: 24 CFR 891.165.
Project/Activity: Salvation Army Group Home-Topping, New York,
New York, Project Number: 012-HD027.
Nature of Requirement: HUD provides capital advances under
section 202 of the
[[Page 44088]]
Housing Act of 1959 (12 U.S.C. 1701q) and section 811 of the
National Affordable Housing Act (42 U.S.C. 8013). 24 CFR 891.165
provides that the duration of the fund reservation for the capital
advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Additional time was required to complete the
approval process for city-owned land and to clear the project for
initial closing.
50. Regulation: 24 CFR 891.165.
Project/Activity: Randolph Housing Services, Randolph, Vermont,
Project Number: 024-EE034.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 16, 1999.
Reasons Waived: Additional time was required for the sponsor/
owner to resolve historic preservation concerns.
51. Regulation: 24 CFR 891.165.
Project/Activity: Jefferson Cottage, Charles Town, West
Virginia, Project Number: 045-HD021.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 17, 1999.
Reasons Waived: The project was delayed due to the owner's
inability to obtain subdivision approval from the local county
commission in a timely manner.
52. Regulation: 24 CFR 891.165.
Project/Activity: Jefferson Villa, Charles Town, West Virginia,
Project Number: 045-HD022.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 17, 1999.
Reasons Waived: Sponsor/owner was unable to obtain a timely
subdivision approval from the local county commission.
53. Regulation: 24 CFR 891.165.
Project/Activity: Kaneohe Elderly, Kaneohe, Oahu, Hawaii,
Project Number: 140-EH015.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 17, 1999.
Reasons Waived: Additional time was needed by HUD to process the
firm commitment application and for the project to reach initial
closing.
54. Regulation: 24 CFR 891.165.
Project/Activity: Hale Mahaolu Eono, Kaunakakai, Hawaii, Project
Number: 140-EE014.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 17, 1999.
Reasons Waived: Time was needed for HUD to process the firm
application.
55. Regulation: 24 CFR 891.165.
Project/Activity: Kaneohe Elderly, Kaneohe, Oahu, Hawaii,
Project Number: 140-EH015.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 17, 1999.
Reasons Waived: The project is being developed in conjunction
with units funded through other funding sources and delays have been
caused by trying to get all funding commitments in order.
56. Regulation: 24 CFR 891.165.
Project/Activity: Becerra Apartments, Project Number: 136-HD008.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 18, 1999.
Reasons Waived: The initial closing was delayed due to the
length of time it took the sponsor/owner to identify additional
funding resources for project feasibility.
57. Regulation: 24 CFR 891.165.
Project/Activity: Accessible Space-Corpus, Corpus Christi,
Texas, Project Number: 115-HD022.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 18, 1999.
Reasons Waived: Time was needed for HUD to process the firm
application and review the closing documents.
58. Regulation: 24 CFR 891.165.
Project/Activity: Covenant Place, Project Number: 075-EE045.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 20, 1999.
Reasons Waived: Additional time was needed for HUD legal staff
to review documents.
59. Regulation: 24 CFR 891.165.
Project/Activity: Tongore Pines, Project Number: 012-EE193.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 23, 1999.
Reasons Waived: The project's original architect failed to
produce a feasible project and the sponsor/owner had to retain a new
project architect.
60. Regulation: 24 CFR 891.165.
Project/Activity: Royal Gardens, Chicago, Illinois, Project
Number: 071-EE125.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
[[Page 44089]]
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 23, 1999.
Reasons Waived: The sponsor/owner had difficulty identifying
additional funding for the project.
61. Regulation: 24 CFR 891.165.
Project/Activity: Habilitative Systems, Chicago, Illinois,
Project Number: 071-EE115.
Nature of Requirement: Request for fund reservation extension.
Duration of capital advance.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 23, 1999.
Reasons Waived: The sponsor/owner filed for secondary financing
for money to cover other expenses needed for this project, and the
Chicago staff is in the process of completing the mortgage credit
review.
62. Regulation: 24 CFR 891.165.
Project/Activity: Evangeline Booth Garden Apartments, Ocala,
Florida, Project Number: 063-EE011.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 24, 1999.
Reasons waived: Additional time was required for HUD to complete
the processing for the project.
63. Regulation: 24 CFR 891.165.
Project/Activity: Passaic Consumer Home, Passaic, New Jersey,
Project Number: 031-HD074.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 24, 1999.
Reasons waived: Time was needed for HUD to review the initial
closing package and schedule a closing date.
64. Regulation: 24 CFR 891.165.
Project/Activity: Abraham Lincoln Centre, Chicago, Illinois,
Project Number: 071-HD095.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 1999.
Reasons waived: Delays were caused by a new land acquisition
policy for city-owned parcels that involved Aldermanic approval, and
owner had to secure additional funding.
65. Regulation: 24 CFR 891.165.
Project/Activity: Franklin Place, Elizabethton, Tennessee,
Project Number: 087-EE028.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 1999.
Reasons waived: Delays were caused by problems with the site,
and HUD needed time to process the firm commitment application.
66. Regulation: 24 CFR 891.165.
Project/Activity: Woodgrove Apartments, Maryville, Tennessee,
Project Number: 087-HD033.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 1999.
Reasons waived: Due to neighborhood opposition, the owner had to
relocate the project to another site.
67. Regulation: 24 CFR 891.165.
Project/Activity: Micki Thompson Apartments, Crossville,
Tennessee, Project Number: 087-HD030.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 1999.
Reasons waived: Additional time was needed for the owner to
obtain additional funds for feasibility and for HUD to process the
firm application.
68. Regulation: 24 CFR 891.165.
Project/Activity: Lloyd Street Apartments, Oneida, Tennessee,
Project Number: 087-HD031.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 26, 1999.
Reasons Waived: The original site was lost due to a
misrepresentation by the seller, and the owner had difficulty
locating another site.
69. Regulation: 24 CFR 891.165.
Project/Activity: Chandler Supportive Housing, Chandler,
Arizona, Project Number: 123-HD015.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 30, 1999.
Reasons Waived: Time needed for HUD to review firm application.
70. Regulation: 24 CFR 891.165.
Project/Activity: Kuehl Apartments, Project Number: 033-HD031.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 30, 1999.
Reasons Waived: Delays were caused by a change in construction
methods from rehabilitation to new construction in order to make the
project feasible.
71. Regulation: 24 CFR 891.165.
Project/Activity: Poux Apartments, Project Number: 033-HD030.
Nature of Requirement: HUD provides capital advances under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) and section
811 of the National Affordable Housing Act (42 U.S.C. 8013). 24 CFR
891.165 provides that the duration of the fund reservation for the
capital advance is 18 months from the date of issuance, with limited
exceptions up to 24 months.
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 31, 1999.
Reasons Waived: The sponsor/owner had to change sites due to
public opposition.
For Items 72 Through 74, Waivers Granted for 24 CFR Part 891,
Contact: Jerold Nachison, Eastern and Atlantic Servicing Branch,
Office of Portfolio Management,
[[Page 44090]]
Room 6168, U.S. Department of Housing and Urban Development, 451
Seventh Street, SW, Washington, DC 20410-8000; telelphone (202) 708-
3730 (this is not a toll-free number). Hearing-or speech impaired
persons may access this number via TTY by calling the Federal
Information Relay Service at (800) 877-8339.
72. Regulation: 24 CFR 891.575 and 610(c).
Project/Activity: Long Beach, California (Village
Congregational, Project No. 122-EH235). The Los Angeles Multifamily
HUB has requested an income and age waiver for this project.
Nature of Requirement: HUD regulations at 24 CFR part 891
require that occupancy be limited to Very Low Income (VLI) elderly
persons (i.e., households composed of 1 or more persons at least one
of whom is 62 years of age at time of initial occupancy).
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: February 22, 1999.
Reasons Waived: The Assistant Secretary granted the waiver,
which provides guidance on project oversight and is based on the
special circumstances of this case. The waiver is requested to
assist the project in reaching full occupancy in the local market.
73. Regulation: 24 CFR 891.575 and 610(c).
Project/Activity: Muskegon, Michigan (Christian Manor, Project
No. 047-EH069). The Detroit Multifamily HUB requested an income and
age waiver for this project.
Nature of Requirement: HUD regulations at 24 CFR part 891
require that occupancy be limited to Very Low Income (VLI) elderly
persons (i.e., households composed of one or more persons at least
one of whom is 62 years of age at time of initial occupancy).
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner..
Date Granted: February 22, 1999.
Reasons Waived: The Assistant Secretary granted the waiver
because of the area's ``soft'' housing market and the difficulty in
renting remaining units. The waiver would allow project management
additional flexibility in attempting to rent up these units and
perhaps start a waiting list.
74. Regulation: 24 CFR 891.575 and 610(c).
Project/Activity: The Philadelphia Multifamily Hub requested
waiver of the age requirement for 10 current heads of household/
tenants under the age of 62 at the Sarah Allen Senior Housing
Project, Project No. 034-EE018, in Philadelphia, Pennsylvania.
Nature of Requirement: HUD regulations at 24 CFR part 891
require that occupancy be limited to Very Low Income (VLI) elderly
persons (i.e., households composed of 1 or more persons at least one
of who is 62 years of age at time of initial occupancy).
Granted by: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: March 22, 1999.
Reasons Waived: The waiver is based on the circumstances of this
case in which the sponsoring organization apparently did not pay
attention at the application workshop nor properly read the
materials, and used the same occupancy plan that was used with prior
Section 202/811 projects. Hub staff have requested immediate
revision of the occupancy plan, tenant selection criteria, and
management plan as soon as possible for submission to the Hub
Director for approval in efforts to restore the project to Section
202/PRAC for the elderly. Additionally, the waiting list for non-
elderly disabled individuals or families must be abolished
immediately and those inappropriately housed must be helped to
locate to other subsidized projects in which they may be housed.
For Items 75 Through 80, Waivers Granted for 24 CFR Parts 982
and 983, Contact: Gloria J. Cousar, Deputy Assistant Secretary for
Public and Assisted Housing Delivery, Office of Public and Indian
Housing, Room 4204, U.S. Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-5000;
telephone (202) 619-8201 (this is not a toll-free number). Hearing-
or speech-impaired persons may access this number via TTY by calling
the toll-free Federal Information Relay Service at (800) 877-8339.
75. Regulation: 24 CFR 982.302(b) and (c); 982.305(a)(3), (c),
(d), and (e); 982.307(b); 982.308(b), (c), and (d); 982.309;
982.310; 982.311; 982.313; part 982, subpart J; 982.622(b)(2) and
(b)(4); and 982.623 (c) and (d).
Project/Activity: Section 557 of the Quality Housing and Work
Responsibility Act of 1998 provides that HUD shall carry out a
demonstration program during fiscal years 1999, 2000, and 2001. The
purpose of the demonstration is to test the effectiveness of
providing tenant-based assistance payments directly to manufactured
home owners who wish to rent the manufactured home space with
Section 8 assistance in cases where the owner of the real property
(the manufactured home space) refuses to participate in the Section
8 rental assistance program. The statute limits public housing
agency participation in this demonstration to the Housing Authority
of the County of San Diego and the Housing Authority of the City of
San Diego (the San Diego Housing Commission).
Nature of Requirement: The regulations provide that housing
assistance payments must be made to the owner of the real property
(manufactured home space) and include various other owner
requirement (e.g., executing a housing assistance payment contract
and security deposits, etc.).
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: February 10, 1999.
Reasons Waived: To permit the San Diego Housing Commission and
Housing Authority of the County of San Diego to make Section 8
housing assistance payments for the rental of manufactured home
spaces directly to manufactured home owners (participating families)
under the manufactured housing demonstration program.
76. Regulation: 24 CFR 982.303(b)(1).
Project/Activity: Shrewsbury Housing Authority, Massachusetts;
Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum
rental certificate/voucher term of 120 days during which a
certificate/voucher holder may seek housing to be leased under the
program.
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: January 20, 1999.
Reasons Waived: Approval of the waiver provided the certificate
holder additional time to seek housing. The certificate holder
experienced extreme difficulty in locating a suitable unit.
77. Regulation: 24 CFR 982.303(b)(1).
Project/Activity: Housing Authority of Alameda County,
California; Section 8 Rental Certificate Program.
Nature of Requirement: The regulation provides for a maximum
rental certificate/voucher term of 120 days during which a
certificate/voucher holder may seek housing to be leased under the
program.
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 2, 1999.
Reasons Waived: The waiver provided extra search time to a
certificate holder who was bedridden during the period the
certificate was in effect.
78. Regulation: 24 CFR 982.303(b)(1).
Project/Activity: Housing Authority of Alameda County,
California; Section 8 Certificate Program.
Nature of Requirement: The regulation provides for a maximum
rental certificate/voucher term of 120 days during which a
certificate/voucher holder may seek housing to be leased under the
program.
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 2, 1999.
Reasons Waived: The waiver permitted a certificate holder to
complete the necessary paperwork for moving into a suitable unit.
79. Regulation: 24 CFR 982.307(b)(i).
Project/Activity: Linn-Benton Housing Authority, Oregon; Section
8 Certificate Program.
Nature of Requirement: This section of the regulations requires
the housing agency to provide the owner with specific information
about the tenant.
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: March 26, 1999.
Reasons Waived: As a reasonable accommodation to the family, the
housing authority was not required to supply the family's previous
address to the new landlord.
80. Regulation: 24 CFR 983.7(b)(2), 983.8, 983.101, and
983.203(a)(4).
Project/Activity: The New Brunswick Housing and Redevelopment
Authority, New Jersey requested the waivers to provide project-based
certificate assistance for 40 units at Providence Square Apartments.
Nature of Requirement: The regulations prohibit attachment of
assistance to housing for which rehabilitation is started before an
agreement execution (24 CFR 983.7(b)(2)), require a rehabilitation
expenditure of $1,000 per unit (24 CFR 983.8), require an agreement
to rehabilitate (24 CFR 983.101), and require that participants must
be selected from the housing agency's waiting list (983.203(a)(4)).
Granted by: Harold Lucas, Assistant Secretary for Public and
Indian Housing.
Date Granted: January 6, 1999.
[[Page 44091]]
Reasons Waived: The waivers covered 40 elderly families who were
living at Providence Square. Providence Square is a 98-unit
apartment building for the elderly. Section 219 of HUD's 1997
Appropriations Act authorized PBC assistance for Providence Square.
Approval of the waivers provided assistance to Section 8 eligible
in-place elderly tenants and prevented hardship that would otherwise
be caused by their displacement.
[FR Doc. 99-20802 Filed 8-11-99; 8:45 am]
BILLING CODE 4210-32-P
