98-30293. Notice of Regulatory Waiver Requests Granted  

  • [Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
    [Notices]
    [Pages 63538-63542]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-30293]
    
    
    
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    Part III
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
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    Notice of Regulatory Waiver Requests Granted; Notice
    
    Federal Register / Vol. 63, No. 219 / Friday, November 13, 1998 / 
    Notices
    
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    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    [Docket No. FR-4378-N-02]
    
    
    Notice of Regulatory Waiver Requests Granted
    
    AGENCY: Office of the Secretary, HUD.
    
    ACTION: Public notice of the granting of regulatory waivers from April 
    1, 1998 through June 30, 1998.
    
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    SUMMARY: Under the Department of Housing and Urban Development Reform 
    Act of 1989 (Reform Act), HUD is required to make public all approval 
    actions taken on waivers of regulations. This notice is the thirtieth 
    in a series, being published on a quarterly basis, providing 
    notification of waivers granted during the preceding reporting period. 
    The purpose of this notice is to comply with the requirements of 
    section 106 of the Reform Act.
    
    FOR FURTHER INFORMATION CONTACT: For general information about this 
    notice, contact Camille E. Acevedo, Assistant General Counsel for 
    Regulations, Room 10276, Department of Housing and Urban Development, 
    451 Seventh Street, SW, Washington, DC 20410; telephone (202) 708-3055 
    (this is not a toll-free number). Hearing or speech-impaired persons 
    may access this number via TTY by calling the toll-free Federal 
    Information Relay Service at 1-800-877-8391.
        For information concerning a particular waiver action for which 
    public notice is provided in this document, contact the person whose 
    name and address is set out for the particular item, in the 
    accompanying list of waiver-grant actions.
    
    SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development 
    Reform Act of 1989 (the Reform Act), the Congress adopted, at HUD's 
    request, legislation to limit and control the granting of regulatory 
    waivers by HUD. Section 106 of the Reform Act added a new section 7(q) 
    to the Department of Housing and Urban Development Act (2 U.S.C. 
    3535(q)), which provides that:
        1. Any waiver of a regulation must be in writing and must specify 
    the grounds for approving the waiver;
        2. Authority to approve a waiver of a regulation may be delegated 
    by the Secretary only to an individual of Assistant Secretary rank or 
    equivalent rank, and the person to whom authority to waive is delegated 
    must also have authority to issue the particular regulation to be 
    waived;
        3. Not less than quarterly, the Secretary must notify the public of 
    all waivers of regulations that HUD has approved, by publishing a 
    notice in the Federal Register. These notices (each covering the period 
    since the most recent previous notification) shall:
        a. Identify the project, activity, or undertaking involved;
        b. Describe the nature of the provision waived, and the designation 
    of the provision;
        c. Indicate the name and title of the person who granted the waiver 
    request;
        d. Describe briefly the grounds for approval of the request;
        e. State how additional information about a particular waiver grant 
    action may be obtained.
        Section 106 of the Reform Act also contains requirements applicable 
    to waivers of HUD handbook provisions that are not relevant to the 
    purpose of this notice.
        Today's document follows publication of HUD's Statement of Policy 
    on Waiver of Regulations and Directives issued by HUD on April 22, 1991 
    (56 FR 16337). This is the thirtieth notice of its kind to be published 
    under section 106 of the Reform Act. This notice updates HUD's waiver-
    grant activity from April 1, 1998 through June 30, 1998.
        For ease of reference, waiver requests granted by departmental 
    officials authorized to grant waivers are listed in a sequence keyed to 
    the section number of the HUD regulation involved in the waiver action. 
    For example, a waiver-grant action involving exercise of authority 
    under 24 CFR 58.73 (involving the waiver of a provision in 24 CFR part 
    58) would come early in the sequence, while waivers of 24 CFR part 990 
    would be among the last matters listed.
        Where more than one regulatory provision is involved in the grant 
    of a particular waiver request, the action is listed under the section 
    number of the first regulatory requirement in title 24 that is being 
    waived as part of the waiver-grant action. (For example, a waiver of 
    both Sec. 58.73 and Sec. 58.74 would appear sequentially in the listing 
    under Sec. 58.73.)
        Waiver-grant actions involving the same initial regulatory citation 
    are in time sequence beginning with the earliest-dated waiver grant 
    action.
        Should HUD receive additional reports of waiver actions taken 
    during the period covered by this report before the next report is 
    published, the next updated report will include these earlier actions, 
    as well as those that occurred between July 1, 1998 through September 
    30, 1998.
        Accordingly, information about approved waiver requests pertaining 
    to HUD regulations is provided in the Appendix that follows this 
    notice.
    
        Dated: November 4, 1998.
    Andrew Cuomo,
    Secretary.
    
    Appendix--Listing of Waivers of Regulatory Requirements Granted by 
    Officers of the Department of Housing and Urban Development April 1, 
    1998 Through June 30, 1998
    
        Note to Reader: More information about the granting of these 
    waivers, including a copy of the waiver request and approval, may be 
    obtained by contacting the person whose name is listed as the 
    contact person directly before each set of waivers granted.
    
        For Items 1 and 2, Waivers Granted for 24 CFR Parts 5 and 882, 
    Contact: Gloria J. Cousar, Deputy Assistant Secretary for Public and 
    Assisted Housing Delivery, U.S. Department of Housing and Urban 
    Development, 451 Seventh Street, SW, Room 4126, Washington, DC 
    20410; telephone (202) 401-8812 (this is not a toll-free number). 
    Hearing or speech-impaired persons may access this number via TTY by 
    calling the toll-free Federal Information Relay Service at 1-800-
    877-8391.
        1. Regulation: 24 CFR 5.613(a)(1) and 24 CFR 882.605(c).
        Project/Activity: Housing Authority of Pierce County, 
    Washington; Section 8 Rental Certificate Program, Special Assistance 
    on Behalf of Manufactured Home Owners.
        Nature of Requirement: HUD's regulation at 24 CFR 5.613(a)(1) 
    provide that the Total Tenant Payment for families whose initial 
    lease is effective on or after August 1, 1982, shall be the highest 
    of: (1) 30 percent of Monthly Adjusted Income; (2) 10 percent of 
    Monthly Income; or (3) the Welfare Rent. HUD's regulation at 24 CFR 
    882.605(c) caps the amount of rent that can be paid for a 
    manufactured home pad space at 110 percent of the applicable Fair 
    Market Rent.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 20, 1998.
        Reasons Waived: The manufactured home and belongings of a 
    disabled program participant were destroyed in a flood. The waivers 
    made it possible for her to receive assistance in a replacement 
    manufactured home.
        2. Regulation: 24 CFR 5.613(a)(1) and 24 CFR 882.605(c).
        Project/Activity: Housing Authority of Pierce County, 
    Washington; Section 8 Rental Certificate Program, Special Assistance 
    on Behalf of Manufactured Home Owners.
        Nature of Requirement: HUD's regulation at 24 CFR 5.613(a)(1) 
    provides that the Total Tenant Payment for families whose initial 
    lease is effective on or after August 1, 1982, shall be the highest 
    of: (1) 30 percent of Monthly Adjusted Income; (2) 10 percent of 
    Monthly Income; or (3) the Welfare Rent. HUD's regulation at 24 CFR 
    882.605(c) caps the amount of rent that can be paid for a 
    manufactured home pad space at 110 percent of the applicable Fair 
    Market Rent.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 20, 1998.
    
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        Reasons Waived: The waiver, which covers nineteen elderly/
    disabled program participants, provided these participants with the 
    opportunity to continue to receive rental assistance without moving 
    their units to new sites. Because of the age and health problems of 
    the program participants and their low income levels, moving the 
    manufactured home units to new sites was not feasible.
        For Items 3 and 4, Waivers Granted for 24 CFR Parts 91 and 92, 
    Contact: Cornelia Robertson Terry, Field Management Division, Office 
    of Executive Services, U.S. Department of Housing and Urban 
    Development, 451 Seventh Street, SW, Room 7184, Washington, DC 
    20410; telephone (202) 708-2565 (this is not a toll-free number). 
    Hearing or speech-impaired persons may access this number via TTY by 
    calling the toll-free Federal Information Relay Service at 1-800-
    877-8391.
        3. Regulation: 24 CFR 91.105.
        Project/Activity: Jefferson County, Alabama requested that HUD 
    waive the required thirty day comment period for its proposed 
    amendments to the Community Development Block Grant (CDBG) and HOME 
    Investment Partnership activities described in its Consolidated 
    Plan. The County wished to provide assistance to tornado victims who 
    had not been assisted by the Federal Emergency Management Agency and 
    other agencies.
        Nature of Requirement: HUD's Consolidated Plan regulations are 
    located in 24 CFR part 91. The regulations require that each 
    jurisdiction adopt a citizen participation plan that provides for 
    public participation in the development of the jurisdiction's 
    consolidated plan. Under Sec. 91.105(k), the jurisdiction must 
    follow its citizen participation plan.
        Granted by: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        Date Granted: May 8, 1998.
        Reasons Waived: The citizen participation plan adopted by 
    Jefferson County requires a thirty-day public comment period for any 
    amendments to the consolidated plan. The County was allowed to 
    substitute a ten-day comment period. Failure to approve the waiver 
    would have caused undue hardship to persons displaced by a recent 
    tornado.
        4. Regulation: 24 CFR 92.101(c).
        Project/Activity: The Northeast Minnesota Housing Consortium.
        Nature of Requirement: HUD's HOME program regulations are 
    located at 24 CFR part 92. Subpart C of 24 CFR part 92 describes the 
    requirements for units of local government wishing to form a 
    consortium for purposes of participating in the HOME program. 
    Section 92.101(c) provides that a unit of local government located 
    within a non-urban county that wishes to participate as a member of 
    a consortium must sign the HOME consortium agreement.
        Granted by: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        Date Granted: April 22, 1998.
        Reasons Waived: The waiver extended the deadline for signature 
    of the consortium agreement. The consortium requested the extension 
    due to difficulties in obtaining all of the necessary signatures. 
    Among the difficulties described in the waiver request submitted by 
    the consortium were the large number of local jurisdictions 
    participating in the consortium and the remote rural location of 
    each of the participating jurisdictions.
        For Items 5 and 6, Waivers 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 7th Street, SW., Washington, DC 20410-7000; 
    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 Federal Information Relay Service at 1-800-877-8391.
        5. Regulation: 24 CFR 203.49(c).
        Project/Activity: Mortgagees (Corinthian Mortgage Corporation 
    and First Nationwide Mortgage Company) requested an extension of the 
    initial change date for Adjustable Rate Mortgage (ARM) loans beyond 
    the 12-18 month window period as required by 24 CFR 203.49.
        Nature of Requirement: HUD's single family mortgage insurance 
    program regulations are located at 24 CFR part 203. Section 
    203.49(c) provides that interest rate adjustments for ARMs must 
    occur on 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: Art Agnos, Acting General Deputy Assistant Secretary 
    for Housing-Federal Housing Commissioner.
        Date Granted: Two waivers, one on May 15, 1998 and one on May 
    19, 1998.
        Reasons Waived: The waiver permitted the lenders to securitize 
    several loans. The waiver permitted the lenders to extend the 
    initial interest rate adjustment dates on several ARM loans, thus 
    rendering the loans eligible for placement in Ginnie Mae pools. 
    Ineligibility of the loans for delivery to Ginnie Mae would have 
    resulted in financial hardship to the mortgagee.
        6. Regulation: 24 CFR 203.255(b)(5).
        Project/Activity: A request was submitted to HUD for a waiver of 
    the regulatory requirements located at 24 CFR 203.255(b)(5). The 
    program participant requested that HUD permit the use of an 
    automated risk assessment, based on scoring of the loan application, 
    in lieu of the subjective review by a Direct Endorsement 
    underwriter.
        Nature of Requirement: HUD's single family mortgage insurance 
    program regulations are located at 24 CFR part 203. The regulation 
    at Sec. 203.255(b)(5) requires that lender's Direct Endorsement 
    underwriter personally review a borrower's credit and capacity to 
    repay a mortgage to be insured by HUD.
        Granted by: Art Agnos, Acting General Deputy Assistant Secretary 
    for Housing-Federal Housing Commissioner.
        Dates Granted: April 9, 1998.
        Reasons Waived: HUD granted the waiver so that lenders, 
    borrowers, and HUD may enjoy the enhanced benefit of automated 
    underwriting technologies. The use of these technologies will reduce 
    the time and cost to originate a HUD-insured mortgage. The waiver 
    renders no harm to prospective borrowers or to HUD. The benefits of 
    automated risk assessment technologies to borrowers, including 
    reduced processing/underwriting costs, would be lost without the 
    waiver.
        For Items 7 Through 10, Waivers Granted for 24 CFR Parts 570, 
    574, and 576 Contact: Cornelia Robertson Terry, Field Management 
    Division, Office of Executive Services, U.S. Department of Housing 
    and Urban Development, 451 Seventh Street, SW, Room 7184, 
    Washington, DC 20410; telephone (202) 708-2565 (this is not a toll-
    free number). Hearing or speech-impaired persons may access this 
    number via TTY by calling the toll-free Federal Information Relay 
    Service at 1-800-877-8391.
        7. Regulation: 24 CFR 570.200(h).
        Project/Activity: Clayton County, Georgia requested that HUD 
    waive 24 CFR 570.200(h) to allow the County to use Community 
    Development Block Grant (CDBG) funds to cover costs incurred by the 
    County in preparing the CDBG specific portions of its first 
    Consolidated Plan as a new urban county.
        Nature of Requirement: The regulation at 24 CFR 570.200(h)(1)(i) 
    states that a grantee may only use CDBG funds to pay pre-award costs 
    if, among other things, the activity for which the costs are being 
    incurred is included in a Consolidated Plan or an amended 
    Consolidated Plan Action Plan prior to the costs being incurred.
        Granted by: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        Date Granted: April 8, 1998.
        Reasons Waived: As a new urban county, Clayton County had to 
    incur planning and administrative costs in the preparation of CDBG 
    specific portions of its Consolidated Plan. Non-reimbursement of 
    these and other related start-up costs would have imposed a burden 
    on Clayton County, and made it very difficult for the County to 
    implement its CDBG program.
        8. Regulation: 24 CFR 574.540.
        Project/Activity: The City of New York, NY requested that HUD 
    waive the regulations governing the Housing Opportunities for 
    Persons with AIDS (HOPWA) program, which provide for the potential 
    deobligation of funds which are not expended in a timely manner.
        Nature of Requirement: The HOPWA program regulations at 24 CFR 
    574.540 provide that HUD may deobligate any amount of grant funds 
    that have not been expended within a three-year period from the date 
    of the signing of the grant agreement.
        Granted by: Saul Ramirez, Jr., Assistant Secretary for Community 
    Planning and Development
        Date Granted: April 22, 1998.
        Reasons Waived: The City requested the waiver due to delays in 
    securing funding for the supportive services to be used in 
    connection with its HOPWA projects. The waiver will allow the City 
    to continue to use up to $16,216,996 in current unexpended funds 
    from the City's Fiscal Year 1995 HOPWA formula allocation.
        9. Regulation: 24 CFR 576.21.
    
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        Project/Activity: Fort Wayne, Indiana requested a waiver of the 
    Emergency Shelter Grants (ESG) program regulations at 24 CFR 576.21.
        Nature of Requirement: HUD's regulation at 24 CFR 576.21 states 
    that recipients of ESG grant funds are subject to the limits on the 
    use of assistance for essential services established in section 
    414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42 
    U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as 
    services that provide health, employment, drug abuse counseling, and 
    education to homeless persons.
        Granted by: Saul N. Ramirez. Jr., Assistant Secretary for 
    Community Planning and Development.
        Date Granted: March 26, 1998.
        Reasons Waived: Under the Stewart B. McKinney Homeless 
    Assistance Act, amended by the National Affordable Housing Act the 
    30 percent cap on essential services may be waived if the grantee 
    ``demonstrates that the other eligible activities under the program 
    are already being carried out in the locality with other 
    resources.'' The requirement was waived because the City was able to 
    successfully demonstrate that other activities under the program are 
    being carried out in the locality.
        10. Regulation: 24 CFR 576.21.
        Project/Activity: Hennepin County, Minnesota requested a waiver 
    of the Emergency Shelter Grants (ESG) program regulations at 24 CFR 
    576.21.
        Nature of Requirement: HUD's regulation at 24 CFR 576.21 states 
    that recipients of ESG grant funds are subject to the limits on the 
    use of assistance for essential services established in section 
    414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42 
    U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as 
    services that provide health, employment, drug abuse counseling, and 
    education to homeless persons.
        Granted by: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        Date Granted: May 29, 1998.
        Reasons Waived: Under the Stewart B. McKinney Homeless 
    Assistance Act, amended by the National Affordable Housing Act the 
    30 percent cap on essential services may be waived if the grantee 
    ``demonstrates that the other eligible activities under the program 
    are already being carried out in the locality with other 
    resources.'' The County stated that its emergency shelters are 
    currently being funded through other local funds, but it has limited 
    funds to provide the services necessary to move homeless families 
    out of emergency shelter and into permanent housing. The County 
    stated that if the waiver were granted, essential service funds 
    would be used by the County's Family Homeless Prevention and 
    Assistance Program to stabilize families exiting emergency shelters 
    and reduce homeless relapses within the community at an average cost 
    of $300 per family. Based on this statement by the County, HUD 
    granted the regulatory waiver.
        For Item 11, Waiver Granted for 24 CFR Part 811, Contact: James 
    B. Mitchell, Acting Director, Special Projects Division, Office of 
    Multifamily Housing Programs, U.S. Department of Housing and Urban 
    Development, 451 7th Street SW., Washington, DC. 20410-7000; 
    telephone (202) 708-3730 (this is not a toll-free number). Hearing 
    or speech-impaired persons may access this number via TTY by calling 
    the Federal Information Relay Service at 1-800-766-8391.
        11. Regulation: 24 CFR 811.104(b).
        Project/Activity: Spinnaker Landing Apartments, Palm Beach 
    County, Florida (Project No. FL002-HG402).
        Nature of Requirement: HUD's regulations governing the tax 
    exemption of obligations of public housing agencies are located at 
    24 CFR part 811. Section 811.104(b) prohibits payment of a fee of a 
    Housing Authority other than for actual expenses of a bond refunding 
    transaction.
        Granted by: Art Agnos, Acting General Deputy Assistant Secretary 
    for Housing-Federal Housing Commissioner.
        Date Granted: March 15, 1998.
        Reasons Waived: The refunding bonds are being issued on terms 
    which will reduce debt service to strengthen the financial condition 
    of the project, and redeem 1988 bonds which are in default. The 
    Internal Revenue Code low-income rent restrictions will apply during 
    the new financing term. The Palm Beach County Housing Authority will 
    receive a fee of $32,500 for its participation in this transaction. 
    Because this fee will be paid by the project owner and not from 
    refunding bond proceeds or from debt service reserve residual 
    balances, HUD found good cause to waive Sec. 811.104(b).
        For Item 12, Waiver Granted for 24 CFR Part 882, Contact: 
    Cornelia Robertson Terry, Field Management Division, Office of 
    Executive Services, U.S. Department of Housing and Urban 
    Development, 451 Seventh Street, SW, Room 7184, Washington, DC 
    20410; telephone (202) 708-2565 (this is not a toll-free number). 
    Hearing or speech-impaired persons may access this number via TTY by 
    calling the toll-free Federal Information Relay Service at 1-800-
    877-8391.
        12. Regulation: 24 CFR 882.408(a).
        Project/Activity: The Los Angeles Housing Authority requested 
    that HUD waive its regulations at 24 CFR 882.408(a), which govern 
    its Section 8 Certificate and Moderate Rehabilitation Programs.
        Nature of Requirement: The regulations at 24 CFR 882.408(a) 
    state that the initial gross rent for any project unit must not 
    exceed the applicable Moderate Rehabilitation Fair Market Rent (FMR) 
    in effect on the date that the agreement to enter into a Housing 
    Assistance Payment Contract is executed, except by up to ten percent 
    in cases where the HUD Field Office has approved an area-wide 
    exception rent.
        Granted by: Saul N. Ramirez, Jr., Assistant Secretary for 
    Community Planning and Development.
        Date Granted: June 11, 1998.
        Reasons Waived: At the time the affected housing project was 
    conditionally selected for a Section 8 Single Family Occupancy (SRO) 
    grant (September 1996), the maximum allowable contract rent was $506 
    with a base rent of $422. On October 1, 1997, the FMR for the Los 
    Angeles-Long Beach area was greatly reduced, lowering the maximum 
    allowable contract rent from $506 to $437, and the base rent from 
    $422 to $365. The waiver will allow the Housing Authority to use the 
    FMR in effect at the time the project was conditionally selected for 
    funding.
        For Item 13, Waiver Granted for 24 CFR Part 882, Contact: Gloria 
    J. Cousar, Deputy Assistant Secretary for Public and Assisted 
    Housing Delivery, U.S. Department of Housing and Urban Development, 
    451 Seventh Street, SW, Room 4126, Washington, DC 20410; telephone 
    (202) 401-8812 (this is not a toll-free number). Hearing or speech-
    impaired persons may access this number via TTY by calling the toll-
    free Federal Information Relay Service at 1-800-877-8391.
        13. Regulation: 24 CFR 882.605(c).
        Project/Activity: Central Oregon Regional Housing Authority; 
    Section 8 Rental Certificate Program, Special Assistance on Behalf 
    of Manufactured Home Owners.
        Nature of Requirement: The regulation caps the amount of rent 
    that can be paid for rental of a manufactured home pad space at 110 
    percent of the applicable Fair Market Rent.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 24, 1998.
        Reasons Waived: Approval of the waiver made it possible for the 
    elderly/disabled program participant to continue to receive 
    assistance without moving her manufactured home to a new site. 
    Because of her age and poor health, a move would have been a severe 
    hardship. The program participant also lacked the financial 
    resources necessary to move.
        For Items 14 and 15, Waivers Granted for 24 CFR Part 891, 
    Contact: Willie Spearmon, Director, Office of Business Products, 
    Office of Housing, U.S. Department of Housing and Urban Development, 
    451 Seventh Street, SW, Room 6132, Washington, DC 20410; telephone 
    (202) 708-3000 (this is not a toll-free number). Hearing or speech-
    impaired persons may access this number via TTY by calling the toll-
    free Federal Information Relay Service at 1-800-877-8391.
        14. Regulation: 24 CFR 891.130.
        Project/Activity: Home Sweet Home Development.
        Nature of Requirement: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.130 (entitled ``Prohibited relationships'') provides that 
    Officers and Board members of either the Sponsor or Owner may not 
    have any financial interest in any contract with the Owner or any 
    firm which has a contract with the Owner. This restriction applies 
    so long as the individual is serving on the Board and for a period 
    of three years following resignation or final closing, whichever 
    occurs later.
        Granted by: Art Agnos, Acting General Deputy Assistant Secretary 
    for Housing-Federal Housing Commissioner.
        Date Granted: May 22, 1998.
        Reasons Waived: The Walker Point Development Corporation is a 
    not-for-profit
    
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    organization, and will complete the rehabilitation of the Home Sweet 
    Home units at cost without a profit.
        15. Regulation: 24 CFR 891.130.
        Project/Activity: The Sponsor of Jacob Blake Manor requested 
    approval to use a site owned by a former Board member.
        Nature of Requirement: HUD's regulations at 24 CFR part 891 
    describe the policies and procedures governing supportive housing 
    for the elderly and persons with disabilities. The regulation at 
    Sec. 891.130 (entitled ``Prohibited relationships'') provides that 
    Officers and Board members of either the Sponsor or Owner may not 
    have any financial interest in any contract with the Owner or any 
    firm which has a contract with the Owner. This restriction applies 
    so long as the individual is serving on the Board and for a period 
    of three years following resignation or final closing, whichever 
    occurs later.
        Granted by: Ira Peppercorn, General Deputy Assistant Secretary 
    for Housing.
        Date Granted: June 5, 1998.
        Reasons Waived: Term of the former Board member in question 
    expired prior to approval of the Sponsor/Owner for a fund 
    reservation.
        For Items 16 Through 29, Waivers Granted for 24 CFR Part 982, 
    Contact: Gloria J. Cousar, Deputy Assistant Secretary for Public and 
    Assisted Housing Delivery, U.S. Department of Housing and Urban 
    Development, 451 Seventh Street, SW, Room 4126, Washington, DC 
    20410; telephone (202) 401-8812 (this is not a toll-free number). 
    Hearing or speech-impaired persons may access this number via TTY by 
    calling the toll-free Federal Information Relay Service at 1-800-
    877-8391.
        16. Regulation: 24 CFR 982.303(b).
        Project/Activity: Oakland Housing Authority, 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 2, 1998.
        Reasons Waived: The waiver was granted to help keep the large 
    family (consisting of two adults and seven children) together and to 
    prevent them from becoming homeless again.
        17. Regulation: 24 CFR 982.303(b).
        Project/Activity: Department of Housing and Community 
    Development of the Commonwealth of 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 14, 1998.
        Reasons Waived: Approval of the waiver prevented further 
    hardship to a seriously ill certificate holder whose illnesses 
    prevented her from seeking a suitable rental unit during much of the 
    time her rental certificate was in effect.
        18. Regulation: 24 CFR 982.303(b).
        Project/Activity: Housing Authority of the County of Santa 
    Clara, California; Section 8 Rental Certificate Program.
        Nature of Requirement: The regulation provides for a maximum 
    rental certificate/voucher term of 120 days during which a 
    certificate/voucher holder may seek housing to be leased under the 
    program.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 14, 1998.
        Reasons Waived: Approval of the waiver supported the intensive 
    treatment and counseling program of a disabled child in the family 
    and helped protect the family from the threat of homelessness.
        19. Regulation: 24 CFR 982.303(b).
        Project/Activity: Housing Authority of the County of Santa 
    Clara, California; Section 8 Rental Certificate Program.
        Nature of Requirement: The regulation provides for a maximum 
    rental certificate/voucher term of 120 days during which a 
    certificate/voucher holder may seek housing to be leased under the 
    program.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: April 20, 1998.
        Reasons Waived: Waivers were granted to prevent further hardship 
    to two certificate holders whose ability to seek housing was 
    severely limited by serious health problems that limited their 
    mobility.
        20. Regulation: 24 CFR 982.303(b).
        Project/Activity: Chicago Section 8 Housing Program, Illinois; 
    Section 8 Rental Voucher 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: May 5, 1998.
        Reasons Waived: The waiver provided extra search time for two 
    rental voucher holders whose ability to seek suitable housing was 
    limited due to their disabilities.
        21. Regulation: 24 CFR 982.303(b).
        Project/Activity: Housing Authority of the County of Contra 
    Costa, 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: May 12, 1998.
        Reasons Waived: The waiver provided extra search time to a 
    certificate holder forced to relocate after a violent crime against 
    her daughter.
        22. Regulation: 24 CFR 982.303(b).
        Project/Activity: Quincy 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: May 14, 1998.
        Reasons Waived: The waiver provided extra search time to the 
    rental certificate holder whose disability severely limited her 
    ability to locate appropriate housing.
        23. Regulation: 24 CFR 982.303(b).
        Project/Activity: Boston Housing Authority, Massachusetts; 
    Section 8 Rental Certificate Program.
        Nature of Requirement: The Regulation provides for a maximum 
    rental certificate/voucher term of 120 days during which a 
    certificate/voucher holder may seek housing to be leased under the 
    program.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: May 15, 1998.
        Reasons Waived: The waiver was granted to an elderly certificate 
    holder whose disability made it difficult for her to seek 
    appropriate housing.
        24. Regulation: 24 CFR 982.303(b).
        Project/Activity: Boston Housing Authority, Massachusetts; 
    Section 8 Rental Certificate Program.
        Nature of Requirement: The Regulation provides for a maximum 
    rental certificate/voucher term of 120 days during which a 
    certificate/voucher holder may seek housing to be leased under the 
    program.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: May 15, 1998.
        Reasons Waived: The waiver was granted to a certificate holder 
    whose disability made it difficult for her to seek appropriate 
    housing.
        25. Regulation: 24 CFR 982.303(b).
        Project/Activity: Boston Housing Authority, Massachusetts; 
    Section 8 Rental Certificate Program.
        Nature of Requirement: The Regulation provides for a maximum 
    rental certificate/voucher term of 120 days during which a 
    certificate/voucher holder may seek housing to be leased under the 
    program.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: May 15, 1998.
        Reasons Waived: The waiver was granted to provide extra search 
    time to a certificate holder whose disability made it difficult to 
    seek appropriate housing.
        26. Regulation: 24 CFR 982.303(b).
        Project/Activity: Housing Authority and Urban Renewal Agency of 
    Lane County, Oregon; Section 8 Rental Certificate Program.
        Nature of Requirement: The Regulation provides for a maximum 
    rental certificate/voucher term of 120 days during which a 
    certificate/voucher holder may seek housing to be leased under the 
    program.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: June 4, 1998.
        Reasons Waived: The waiver was granted to provide extra search 
    time to two certificate
    
    [[Page 63542]]
    
    holders whose disabilities made it difficult for them to seek 
    appropriate housing.
        27. Regulation: 24 CFR 982.303(b).
        Project/Activity: Department of Housing and Community 
    Development of the City and County of Honolulu, Hawaii; Section 8 
    Rental Voucher 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: June 4, 1998.
        Reasons Waived: The waiver provided extra search time to a 
    disabled voucher holder who was hospitalized during the entire 
    period her rental voucher was in effect.
        28. Regulation: 24 CFR 982.303(b).
        Project/Activity: Housing Authority of Marin County, California; 
    Section 8 Rental Voucher 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: June 5, 1998.
        Reasons Waived: The waiver was granted to a disabled voucher 
    holder whose disability made it difficult to find suitable housing 
    in a tight rental market.
        29. Regulation: 24 CFR 982.303(b).
        Project/Activity: Housing Authority of Santa Clara, 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: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: June 10, 1998.
        Reasons Waived: The waiver was granted to grant additional 
    search time to an elderly certificate holder who was hospitalized 
    and unable to seek housing during much of the time that his 
    certificate was in effect.
        For Item 30, Waiver Granted for 24 CFR Part 1005, Contact: 
    Jacqueline Johnson, Deputy Assistant Secretary for Native American 
    Programs, U.S. Department of Housing and Urban Development, 451 
    Seventh Street, SW, Room 4130, Washington, DC 20410; telephone (202) 
    401-7914 (this is not a toll-free number). Hearing or speech-
    impaired persons may access this number via TTY by calling the toll-
    free Federal Information Relay Service at 1-800-877-8391.
        30. Regulation: 24 CFR 1005.112.
        Project/Activity: A request was made by Norwest Mortgage, Inc. 
    of Minneapolis, MN, that the Office of Native American Programs 
    consider an alternative to the certification that provides for 
    lender acknowledgment and agreement to comply with all applicable 
    tribal laws when the lender originates a loan under the Section 184 
    Loan Guarantee Program.
        Nature of Requirement: Lenders participating in the Section 184 
    Loan Guarantee Program must certify that they acknowledge and agree 
    to comply with all applicable tribal laws when originating a Section 
    184 loan for a tribal member.
        Granted by: Deborah L. Vincent, General Deputy Assistant 
    Secretary for Public and Indian Housing.
        Date Granted: June 12, 1998.
        Reasons Waived: Norwest Mortgage, Inc. has developed procedures 
    for the necessary discussions that must take place with a tribe 
    before the origination and closing of a 184 loan on trust land or 
    other eligible service area. Norwest Mortgage, Inc. will obtain a 
    letter from the applicable tribe advising HUD of the tribe's 
    confidence or belief that Norwest Mortgage, Inc. has made the effort 
    necessary to familiarize itself with the tribe's laws. A copy of the 
    tribe's letter will be included with each 184 loan file for tribal 
    members.
    
    [FR Doc. 98-30293 Filed 11-12-98; 8:45 am]
    BILLING CODE 4210-32-P
    
    
    

Document Information

Published:
11/13/1998
Department:
Housing and Urban Development Department
Entry Type:
Notice
Action:
Public notice of the granting of regulatory waivers from April 1, 1998 through June 30, 1998.
Document Number:
98-30293
Pages:
63538-63542 (5 pages)
Docket Numbers:
Docket No. FR-4378-N-02
PDF File:
98-30293.pdf
CFR: (1)
24 CFR 891.130