Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2000

Federal RegisterJan 18, 2001

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4591-N-03]

Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2000

AGENCY:

Office of the Secretary, HUD.

ACTION:

Public Notice of the Granting of Regulatory Waivers from July 1, 2000 through September 30, 2000.

SUMMARY:

Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (the “HUD Reform Act”), requires HUD to publish quarterly

Federal Register

notices of all regulatory waivers that HUD has approved. Each notice must cover the quarterly period since the most recent

Federal Register

notice. The purpose of this notice is to comply with the requirements of section 106 of the HUD Reform Act. This notice contains a list of regulatory waivers granted by HUD during the quarter beginning on July 1, 2000 and ending on September 30, 2000.

FOR FURTHER INFORMATION CONTACT:

For general information about this notice, contact Camille E. Acevedo, Associate General Counsel for Legislation and 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 follows the description of the waiver granted 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 (42 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 notice covers HUD's waiver-grant activity from July 1, 2000 through September 30, 2000. Additionally, this notice contains one report of a regulatory waiver granted from March 1, 2000 through June 30, 2000 that was inadvertently omitted from the last notice. The report can be found in Section IV of this notice with respect to a waiver granted in connection with 24 CFR 950.980.

For ease of reference, the waivers granted by HUD are listed by HUD program office (for example, the Office of Community Planning and Development, the Office of Housing, the Office of Public and Indian Housing, etc.). Within each program office grouping, the waivers are listed sequentially by the section of title 24 being waived. For example, a waiver-grant action involving the waiver of a provision in 24 CFR part 58 would come before a waiver of a provision in 24 CFR part 570.

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 § 58.73 and § 58.74 would appear sequentially in the listing under § 58.73.

Waiver-grant actions involving the same initial regulatory citation are in time sequence beginning with the earliest-dated waiver grant action.

Should HUD receive additional reports of waiver actions taken during the period covered by this report before the next report is published, the next updated report will include these earlier actions, as well as those that occurred between October 1, 2000 through December 31, 2000.

Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice.

Dated: January 10, 2001.

Andrew Cuomo,

Secretary.

Appendix—Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development July 1, 2000 Through September 30, 2000

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.

The regulatory waivers granted appear in the following order:

I. Regulatory Waivers granted by the Office of Community Planning and Development.

II. Regulatory Waivers granted by the Office of Community Planning and Development and the Office of Public and Indian Housing.

III. Regulatory Waivers granted by the Office of Housing.

IV. Regulatory Waivers granted by the Office of Multifamily Housing Assistance Restructuring.

V. Regulatory Waivers granted by the Office of Public and Indian Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and Development:

For further information about the following waiver actions, please see the name of the person which immediately follows the description of the waiver granted.

•

Regulation:

24 CFR 58.34(b) and 24 CFR 58.38.

Project/Activity:

Housing rehabilitation and housing acquisition projects, Ohkay Owingeh Housing Authority and the San Juan Pueblo Tribe, San Juan Pueblo, New Mexico.

Nature of Requirement:

HUD's regulation at 24 CFR 58.34(b) states that a recipient does not have to submit a Request for Release of Funds and certification, and that no further approval from HUD will be needed to carry out exempt activities and projects, provided the responsible entity documents its determination that each activity or project is exempt.

Additionally, 24 CFR 58.38 requires the responsible entity to maintain a written record of the environmental review for each project. This document will be designated the Environmental Review Record, which shall contain all environmental review documents, public notices and written determinations or environmental findings required by part 58, decision making and actions pertaining to a particular project.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

July 28, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Ohkay Owingeh Housing Authority made several errors during the environmental review and clearance process required by 24 CFR part 58 that resulted in the Housing Authority obligating and expending grant funds for the project before a determination by the San Juan Pueblo that the activities were exempt. HUD made a determination that there was no statutory or regulatory provision that would have prevented conversion of these activities to exempt. Therefore, this waiver was needed in order to permit the San Juan Pueblo to complete the environmental review process by documenting that the activities are exempt under 24 CFR part 58, after the obligation of HUD funds. HUD also determined that no environmental degradation resulted from the regulatory noncompliance and that no mitigation activities would be necessary since no environmental damage or potential problems were identified. Considering the above, HUD determined that a waiver of the regulatory requirements would maintain the integrity of HUD's environmental review process and was consistent with Executive Order 12084 that encourages flexibility in the consideration of waiver requests from tribal governments.

Contact:

Bruce Knott, Director, Office of Grants Evaluation, National Office of Native American Programs (ONAP), Department of Housing and Urban Development, 1999 Broadway—Suite 3390, Denver, Colorado 80202, Telephone: (303) 675-1600.

•

Regulation:

24 CFR 91.520.

Project/Activity:

The County of Essex, New Jersey requested a waiver of the submission deadline for the County's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

August 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The County requested the waiver because of difficulties resulting from medical emergencies experienced by the Acting Director and staff responsible for Consolidated Annual Performance Evaluation Report (CAPER) preparation.

Contact:

Cornelia Robertson-Terry, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of Cumberland, Maryland requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

August 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested the waiver because the lead person responsible for completing the CAPER, as well as inputting data in IDIS, has been summoned for jury duty in Federal District Court for the next four months.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The State of Nebraska requested a waiver of the submission deadline for the State's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

August 31, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The State requested the waiver because of staff turnover and IDIS development delays that impacted the ability to comply with beneficiary reporting requirements.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The County of Los Angeles, California requested a waiver of the submission deadline for the County's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 13, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The County requested the waiver because of technical problems with the Community Development Commission's financial management system.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

Baltimore County, Maryland requested a waiver of the submission deadline for the County's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 13, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The County requested the waiver because of staff turnover and the need for additional time to allow new staff to become familiar with the CAPER submission process.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of San Angelo, Texas requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 13, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested the waiver because of staffing problems due to the resignation of one staff member and need for surgery by another staff member.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of Hamden, Connecticut requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 14, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested the waiver because the City is rebuilding records to eliminate inconsistencies in its 1998 CAPER. This effort has not allowed the staff to focus on preparing the current 1999 CAPER.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of Nashua, New Hampshire requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested the waiver because of staff turnover and the delay in receiving audited financial figures necessary for reconciliation.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of Portland, Oregon requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested the waiver as a result of recent staff turnover in the Portland Development Commission's CDBG staff. This did not provide sufficient time for the staff to review the CAPER reporting information and reconcile it with the City's records before the submission deadline.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of Vancouver, Washington requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested the waiver due to delays caused by changes in key personnel and the need to reprogram funds and correct data in IDIS to ensure accurate information.

Contact:

•

Regulation:

24 CFR 91.520.

Project/Activity:

The City of Norwalk, California requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time for preparing the CAPER due to resignation of staff and unfilled vacancies.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity

: The City of Moreno Valley, California requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because its newly installed financial management system caused delays in the availability of the City's final expenditure data for reconciliation with data in IDIS.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Tulare, California requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement

: HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of the office's recent move to a new facility that included relocating and upgrading the computer mainframe, the network, and personal computers. This move delayed computer operations needed to produce accurate IDIS data for the CAPER.

Contact

: Cornelia Robertson-Terry, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Modesto, California requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time due to vacancies and changes in key staff positions that are responsible for preparing the CAPER.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Napa, California requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because staff resources were diverted to cope with the aftermath of a serious earthquake that damaged many city businesses and residences.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Elizabeth, New Jersey requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of the delay in submitting its Consolidated Plan and to ensure that the required public comment period for the CAPER will be satisfied.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Camden, New Jersey requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time due to staff shortages.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of East Orange, New Jersey requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of staff difficulties resulting from the downsizing of the Planning Department, which is responsible for the preparation of the CAPER.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Stamford, Connecticut requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of a staff turnover, which resulted in a delay in generating IDIS reports.

Contact:

sbull Regulation:

24 CFR 91.520.

Project/Activity:

The City of New Britain, Connecticut requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of renovation of the City's Office of Municipal Development and the reorganization of its staff. Office files have been moved and displaced making it difficult for the staff to have efficient access to information on grantee activities.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of New London, Connecticut requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of the loss of two key finance staff. The two individuals provided the critical information required to

complete the reconciliation of programmatic and financial records.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Weirton, West Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time due to staff turnover.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Petersburg, Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of staff turnover.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Virginia Beach, Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time for key staff to review the report and allow for public comment.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Charlottesville, Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time due to staff turnover.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Bristol, Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because of internal delays in obtaining accounting information.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Portsmouth, Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time due to recent staff turnover.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

Chesterfield County, Virginia requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The County requested additional time due to recent staff turnover.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Philadelphia, Pennsylvania requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because the City's fiscal year closing adjustments will not be released in sufficient time to allow the office responsible for report preparation to obtain information needed to complete the CAPER before the deadline.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Scranton, Pennsylvania requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time due to computer system failure.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Dover, Delaware requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because the staff person directly responsible for preparing the CAPER has been on sick leave.

Contact:

• Regulation:

24 CFR 91.520.

Project/Activity:

The City of Baltimore, Maryland requested a waiver of the submission deadline for the City's 1999 CAPER.

Nature of Requirement:

HUD's regulation at 24 CFR 91.520 requires each grantee 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:

September 27, 2000.

Reasons Waived:

HUD determined that there was good cause for the waiver. The City requested additional time because the accounting records are not released in sufficient time to allow the City to complete the CAPER.

Contact:

• Regulation:

24 CFR 92.205.

Project/Activity:

The Kentucky Housing Corporation requested a waiver of the provision to permit less than a $1,000 minimum HOME investment per unit.

Nature of Requirement:

HUD's regulation at 24 CFR 92.205 requires that the minimum of HOME funds that may be invested in a project is an average of $1,000 per unit.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

August 7, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. KHC provided justification that less than $1,000 was needed to assist homebuyers. Without a waiver these recipients would be either disqualified from becoming homebuyers or they would be over-subsidized in order to receive the HOME assistance.

Contact:

• Regulations:

24 CFR 92.205, 92.503(b)(2).

Project/Activity:

The Kentucky Housing Corporation requested a waiver of provisions regarding termination of a project prior to completion and the subsequent repayment requirement.

Nature of Requirement:

HUD's regulations at 24 CFR 92.205 and 92.503(b)(2) require that a HOME unit that is terminated before completion, either voluntarily or otherwise, constitutes an ineligible activity and any HOME funds invested must be repaid.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

July 20, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The homeowner died prior to completion of construction and no further work on the home was done.

Contact:

• Regulation:

24 CFR 92.214(a)(8).

Project/Activity:

The City of Taylorsville, Utah requested permission to use HOME funds for acquisition of a parcel of land located within its boundaries, but owned by Salt Lake County. The City plans to move an existing home on the subject site which will be sold to a low income family.

Nature of Requirement:

HUD's regulation at 24 CFR 92.214(a)(8) prohibits grantees from using HOME funds to pay for the acquisition of property owned by the participating jurisdiction, except for property acquired by the PJ with HOME funds, or property acquired in anticipation of carrying out a HOME project.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

August 31, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver since the transaction would assist the City in its effort to provide an affordable unit for a low income family.

Contact:

• Regulation:

24 CFR 92.251.

Project/Activity:

North Dakota counties and Indian reservation communities requested a waiver of the HOME provision which requires HOME-assisted housing to meet the applicable codes, standards, and ordinances specified.

Nature of Requirement:

HUD's regulation at 24 CFR 92.251 requires that housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

August 31, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The State of North Dakota requested this waiver in order to allow for the use of HOME funds for emergency repairs on damaged housing within the disaster area. Funding sources are inadequate to address the housing needs that exist within the disaster area. The State would like to use HOME funds to assist in addressing this need. HUD therefore determined that this provision creates undue hardship for the communities and families in need of disaster-related assistance.

Contact:

Cornelia Robertson-Terry, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh

Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.

• Regulation:

24 CFR 570.200(h)(1).

Project/Activity:

The City of Coral Springs, Florida requested a waiver to allow the City to use CDBG funds to reimburse administrative costs incurred for the planning and preparation of its first Consolidated Plan as a new Entitlement community.

Nature of Requirement:

HUD's regulation at 24 CFR 570.200(h)(1) 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 prior to the costs being incurred.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

July 28, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City is a new Entitlement community. Failure to grant the waiver would result in undue hardship and affect the benefits to the low- and moderate-income population of the City. Further, the authorization for new grantees to pay for planning and administrative start-up costs with CDBG funds was inadvertently omitted during the November 1995 revision to the CDBG regulations.

Contact:

• Regulation:

24 CFR 570.200(h)(1).

Project/Activity:

The City of Deerfield Beach, Florida requested a waiver to allow the City to use CDBG funds to reimburse administrative costs incurred for the planning and preparation of its first Consolidated Plan as a new Entitlement community.

Nature of Requirement:

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

September 27, 2000.

Reason Waived:

Contact:

• Regulation:

24 CFR 576.21(b)(2).

Project/Activity:

Hennepin County, Minnesota requested a waiver of the 30 percent limitation on essential services in its ESG program.

Nature of Requirement:

HUD's regulation at 24 CFR 576.21(b)(2) implements the statutory requirement that no more than thirty percent of the Emergency Shelter Grant funds be expended for essential services. This regulatory section also notes that the statute (42 U.S.C. 11374) also permits waiver of this requirement if the grantee demonstrates that other eligible activities are already being carried out in the locality with other resources.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

July 10, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Hennepin County provided documentation to support its claim that alternative funding for rehabilitation, operating costs and other eligible activities is available. The waiver allows Hennepin County to spend up to 100 percent of its FY 1999 and FY 2000 grants on essential services.

Contact:

• Regulation:

24 CFR 576.21(b)(2).

Project/Activity:

The Municipality of Caguas, Puerto Rico requested a waiver of the 30 percent limitation on essential services in its ESG program.

Nature of Requirement:

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

August 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Caguas provided documentation to HUD to support the Municipality's claim that it is meeting its demand for other activities through funding from the United Way, the Department of Health, and local funds.

Contact:

• Regulation:

24 CFR 576.21(b)(2).

Project/Activity:

Onondago County, New York requested a waiver of the 30 percent limitation on essential services in its ESG program.

Nature of Requirement:

HUD's regulation at 24 CFR 576.21(b)(2) requires that no more than 30 percent of ESG grant funds be expended for essential services.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

August 31, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Onondaga County provided documentation to HUD to support its claim of that other present needs for the County's ESG funds exist. The County may spend up to 58.67 percent of its funds for essential services.

Contact:

• Regulation:

24 CFR 576.35(b).

Project/Activity:

The City of Minneapolis, Minnesota requested a waiver regarding the time frame for expenditure of its FY 1998 Emergency Shelter Grant (ESG) funds.

Nature of Requirement:

HUD's regulation at 24 CFR 576.35(b) requires recipients to expend ESG funds within two years of HUD's award.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

July 28, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City experienced unexpected delays in several rehabilitation projects. Failure to grant the waiver would adversely affect the City's ability to serve the homeless. HUD extended the date for the City to expend its 1998 funds to on or about July 15, 2000.

Contact:

• Regulation:

24 CFR 882.408(b).

Project/Activity:

The Metro Dade, Florida Housing Agency requested a waiver of the limitation on the initial Gross Rent for a Single Room Occupancy (SRO) property. The proposed rent would exceed the current Moderate Rehabilitation SRO Fair Market Rent (FMR) by more than 10%.

Nature of Requirement:

HUD's regulation at 24 CFR 882.408(b) allows a housing agency to approve initial gross rents which exceed the applicable FMR by up to 10 percent for all units of a given size in specified areas.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

September 5, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Higher rents were necessitated by development obstacles such as change in sites, change in owner/developer and delay in obtaining financial resources.

Contact:

• Regulation:

24 CFR 882.805(d)(1)(ii)(B).

Project/Activity:

The San Francisco, California Housing Authority requested a waiver of the Single Room Occupancy (SRO) requirement on the maximum amount allowed per unit for rehabilitation.

Nature of Requirement:

HUD's regulation at 24 CFR 882.805(d)(1)(ii)(B) allows an SRO recipient to multiply the maximum per unit rehabilitation amount by 2.4 in areas where the Housing Authority has demonstrated to HUD's satisfaction that the increase is reasonable to accommodate special local conditions, including high construction costs. In the case of San Francisco, this would allow a maximum rehabilitation costs of $42,840.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development.

Date Granted:

August 30, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City documented the high cost of the project and the difficulty in finding and acquiring suitable properties for the SRO program. The City further stated that the property is almost 90 years old and needs extensive rehabilitation to meet current building and accessibility code standards. The final per unit rehabilitation cost for this project is projected to be $69,311, well above the maximum approvable cost.

Contact:

II. Regulatory Waivers Granted by the Office of Community Planning and Development and the Office of Public and Indian Housing

For further information about the following waiver actions, please see the name of the person which immediately follows the description of the waiver granted.

• Regulation:

24 CFR 50.3(h)(3) and 1000.20(a).

Project/Activity:

Acquisition of 10 Operation Walking Shield housing units, Flandreau Santee Sioux Tribe and Flandreau Santee Sioux Housing Authority, Flandreau, South Dakota.

Nature of Requirement:

HUD's regulation at § 50.3(h) requires that for HUD grant programs in which funding approval for an applicant's program must occur before the applicant's selection of properties an applicant must agree to not acquire, rehabilitate, convert, lease, repair or construct property, nor commit or expend HUD or local funds until HUD approval of the property is obtained. HUD's regulation at § 1000.20(a) requires an environmental review be completed for any Native American Housing Assistance and Self-Determination Act project not excluded from review before a recipient may acquire, rehabilitate, convert, lease, repair or construct property, or commit HUD or local funds.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development and Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

July 31, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Flandreau Santee Sioux Housing Authority used NAHASDA funds to acquire, rehabilitate and lease the subject Walking Shield units before receiving HUD approval of the property as required by 24 CFR 50.3(h)(3) and before HUD completed an environmental review. HUD has since completed the environmental review for the project. In order to satisfactorily resolve the issue, waivers of the provisions of 24 CFR 50.3(h)(3) and 1000.20(a) are necessary. HUD also determined that no environmental degradation resulted from the regulatory noncompliance and that no mitigation activities would be necessary since no environmental damage or potential problems were identified. Considering the above, HUD determined that a waiver of the regulatory requirements would maintain the integrity of HUD's environmental review process and was consistent with Executive Order 12084 that encourages flexibility in the consideration of waiver requests from tribal governments.

Contact:

sbull Regulation:

24 CFR 50.17 and 1000.20(a).

Project/Activity:

Construction of 15 housing units with residual 1937 Housing Act funds under the Native American Housing Assistance and Self-Determination Act (NAHASDA), Upper Sioux Tribe, Granite Falls, Minnesota.

Nature of Requirement:

HUD's regulation at § 50.17 requires that an environmental assessment and finding of no significant impact or an environmental impact statement be completed before the applicable decision points for projects not exempt or categorically excluded from environmental review requirements. HUD's regulation at § 1000.20(a) requires that an environmental review be completed for any NAHASDA project not excluded from review before a recipient may acquire, rehabilitate, convert, lease, repair or construct property, or commit HUD or local funds.

Granted By:

Cardell Cooper, Assistant Secretary for Community Planning and Development and Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

Granted by Mr. Cooper on July 27, 2000 and by Mr. Lucas on July 28, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Upper Sioux Tribe made several errors during the environmental review and clearance process required by 24 CFR part 58 that resulted in the tribe obligating and expending grant funds for the project before HUD's approval of the Request for Release of Funds and Certification, form HUD 7015.15. HUD made a determination based upon these actions to conduct an environmental review according to 24 CFR part 50. A HUD environmental review at this point would be after the execution of the Indian Housing Block Grant Agreement for this project. Therefore, a waiver is

necessary to allow HUD to conduct the review and resolve the issue. HUD also determined that no environmental degradation resulted from the regulatory noncompliance and that no mitigation activities would be necessary since no environmental damage or potential problems were identified. Considering the above, HUD determined that a waiver of the regulatory requirements would maintain the integrity of HUD's environmental review process and was consistent with Executive Order 12084 that encourages flexibility in the consideration of waiver requests from tribal governments.

Contact:

III. Regulatory Waivers Granted by the Office of Housing

For further information about the following waiver actions, please see the name of the person which immediately follows the description of the waiver granted.

• Regulation:

24 CFR 202.3(c)(2)(iii).

Project/Activity:

Credit Watch/Termination Threshold.

Nature Of Requirement:

HUD's regulation at 24 CFR 202.3(c)(2)(iii) establishes a default and claim rate threshold for HUD/FHA approved mortgagees on credit watch status.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner

Date Granted:

August 21, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Waiving the regulation permits HUD/FHA to initially focus on those lenders originating the worst performing loans. The waiver will adjust the Credit Watch threshold from being between 150% and 200.9% of the HUD field office default and claim rate to being between 200% and 300.9% of that rate. This waiver is limited to Credit Watch reviews conducted in the third quarter of FY 2000.

Contact:

Joy Hadley, Director, Quality Assurance Division, Department of Housing and Urban Development, 451 Seventh Street SW., Room B133-P3214, Washington, DC 20410, telephone (202) 708-2830.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Lakeview Senior Apartments, Carmel, New York, Project Number: 012-EE245/NY36-S981-001.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

July 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The sponsor had exhausted all efforts to secure secondary funding from outside sources, and the project was economically designed and comparable to similar projects developed in the area.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Good Shepherd, Blair, Nebraska, Project Number: 103-E018/NE26-S981-001.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 4, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The owner had received a $65,000 grant from the Federal Housing Finance Board, the project was comparable in cost to similar projects, and the sponsor could not contribute any additional funds.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Centerplace III, New Albany, Indiana, Project Number: 073-HD048/IN36-Q981-002.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 8, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The development costs were comparable to other similar projects recently developed in Indiana and the project was of modest design.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Castleton Homes, Lanham, Maryland, Project Number: 000-HD041/MD39-Q981-003.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project required replacement of the HVAC systems in all three houses which had significantly increased costs.

Contact:

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Bishop Daly Gardens, Uniondale, New York, Project Number: 012-EE249/NY36-S981-005.

Nature Of Requirement

: HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 16, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was economically designed and comparable in cost to similar projects, and the sponsor could not contribute any additional funds.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Turlock Silvercrest, Turlock, California, Project Number: 121-EE112/CA39-S981-005.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 21, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The contractor could not build the project within the fund reservation amount.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

VOA Riverside 10, Fort Worth, Texas, Project Number: 113-HD015/TX1-Q971-001.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 21, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was modestly designed and comparable to similar projects in the area, and the sponsor had exhausted all means of obtaining additional funds for the is project.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Saint Paul the Apostle Senior Housing, Corona, New York, Project Number: 012-EE254/NY36-S981-010.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 21, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was modest in design, comparable to similar projects in the area, and the sponsor had made every attempt to secure additional funding from outside sources.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Cambridge Apartments, Rutledge, Tennessee, Project Number: 087-EE036/TN37-S981-004.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 22, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The owner had contributed the required minimum capital investment and purchased the site, the project was comparable in cost to similar projects, and the sponsor could not contribute any additional funds.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

St. Peter's Place II, Phoenixville, Pennsylvania, Project Number: 034-EE070/PA26-S971-002.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was modest in design, comparable to similar projects in the area and the owner had secured $230,000 from the Federal Home Loan Bank Board and $100,000 from the Chester County Office of Housing and Community Development.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulation:

24 CFR 891.100(d).

Project/Activity:

Homes With Hope, Westport, Connecticut, Project Number: 017-HD015/CT26-Q961-001.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

September 26, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was modest in design, comparable to similar projects in the area and the sponsor/owner had exhausted attempts in obtaining funds from other sources.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulations:

24 CFR 891.100(d)and 891.165.

Project/Activity:

Alice Williams Towers II, Atlanta, Georgia, Project Number: 061-EE065/GA06-S971-009.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.100(d) prohibits amendment of the capital advance fund reservation prior to initial closing. HUD's regulation at 24 CFR 891.165 provides that the duration of a capital advance fund reservation is 18 months from the date of issuance with limited exceptions up to 24 months as approved by HUD on a case-by-case basis.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 4, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was delayed to allow the sponsor and contractor time to prepare a new construction cost estimate and to obtain zoning approval. The project was also modest in design, comparable to similar projects developed in the area, the sponsor/owner had made every attempt to secure additional funding from outside sources, and the sponsor/owner had exhausted their resources.

Contact:

• Regulations:

24 CFR 891.100(d) and 891.165.

Project/Activity:

HIS/Elois McCoy Village Apartments, Chicago, Illinois, Project Number: 071-EE115/IL06-S961-006.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The contractor increased his prices and the sponsor had exhausted all efforts to find additional funds from other sources. Additional time was needed to reprocess the firm commitment due to

the increase in construction costs and to initially endorse the project.

Contact:

• Regulations:

24 CFR 891.100(d) and 891.165.

Project/Activity:

Selfhelp/United Help Kissena Apartments, Flushing, New York, Project Number: 012-EE224/NY36-S971-011.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project encountered delays in securing zoning approvals, the project was economically designed, comparable to similar projects developed in the area, and the sponsor/owner had exhausted their resources.

Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-3000.

• Regulations:

24 CFR 891.100(d) and 891.165.

Project/Activity:

ASI-Missoula, Missoula, Montana, Project Number: 93-HD013/MY99-Q961-001.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 21, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The owner encountered delays due to the loss of two sites for the project and the death of the specialist who had been working very diligently on the project. The project was economically designed, comparable to other similar projects developed in the jurisdiction, and the owner had exhausted all possible efforts to obtain additional funds.

Contact:

• Regulations:

24 CFR 891.100(d) and 891.165.

Project/Activity:

Pomperaug Senior Housing, Southbury Twp., Connecticut, Project Number: 017-EE040/CT26-S971-008.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

September 26, 2000.

Reason Waived:

HUD determined that there was good cause for the waivers. Delays were due to the owner obtaining design approval from the town of Southbury Planning and Zoning Commission. In addition, the project was modest in design, comparable to similar projects developed in the area, and the owner had made every attempt to secure additional funding from other sources.

Contact:

• Regulations:

24 CFR 891.100(d) and 891.165.

Project/Activity:

Cold Spring House, Forstburgh, New York, Project Number: 012-HD075/NY36-Q971-004.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

September 26, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The owner was unable to obtain additional funds, and the project would receive complete property tax exemption from the locality as well as support service funding from the state. Additionally, a delay of over one year was encountered due to issues associated with the incorporation of the owner.

Contact:

• Regulation:

24 CFR 891.105 and 891.410(c).

Project Activity: Sugarloaf Village, Diamond City, Arkansas, Project Number 082-EE091.

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:

September 12, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Little Rock Multifamily Program Center requested an age and income waiver for this Section 202/PRAC project. The project is only 4.3 percent occupied after 11 months of occupancy and is unable to attract sufficient elderly tenants because of insufficient local demand. These waivers will allow project management flexibility in attempting to rent up vacant units, thereby maintaining project viability and preventing foreclosure of the project. The waivers will allow elderly and near-elderly families and individuals who are at or over the age of 55 and low income to apply for admission to the project in addition to very low elderly families who will continue to receive an admissions preference.

Contact:

Frank M. Malone, Director, Office of Asset Management, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6160, Washington, DC 20410; telephone (202) 708-3730.

• Regulation:

24 CFR 891.120(b), 891.310(b)(1) and (b)(2).

Project/Activity:

Options Supported Housing Project V, Scattered Site: Huntington, Huntington Sta., Centereach and Selden, New York, Project Number: 012-HD085/NY36-Q981-006.

Nature Of Requirement:

HUD's regulations at 24 CFR 891.120(b), 891.310(b)(1) and (b)(2) govern accessibility standards for the Section 811 program.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined there was good cause for the waiver. The project consisted of acquisition with rehabilitation of four group homes for persons with chronic mental illness. One of the sites was designed to be accessible for persons with mobility impairments. To make all units fully accessible for persons with mobility impairments would make the project, as a whole, financially unfeasible. The consumers served under the sponsor's existing programs did not generally require accessible housing, therefore accessibility of the one site was more than adequate for potential residents.

Contact:

Willie Spearmon, Director, Office Of Housing Assistance and Grant Administration, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-7000, telephone: (202) 708-3000.

• Regulation:

24 CFR 891.165.

Project/Activity:

Abraham Lincoln Center, Chicago, Illinois, Project Number: 071-HD095/IL06-Q961-010.

Nature Of Requirement:

HUD's regulation at 24 CFR 891.165 provides that the duration of a capital advance fund reservation is 18 months from the date of issuance with limited exceptions up to 24 months as approved by HUD on a case-by-case basis.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

July 13, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The City had required the sponsor to obtain the approval of each alderman and the alderman had, in turn, required the approval of each of the communities involved.

Contact:

• Regulation:

24 CFR 891.165.

Project/Activity:

Eaton Knolls, Town of Islip, New York, Project Number: 012-HD076/NY36-Q971-005.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

July 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Problems were discovered with the title policy which have subsequently been resolved to the satisfaction of all parties.

Contact:

• Regulation:

24 CFR 891.165.

Project/Activity:

Accessible Space, Inc., Birmingham, Alabama, Project Number: 062-HD041/AL09-Q981-004.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 3, 2000.

Reason Waived:

HUD determined that there was good cause to grant this waiver. The project had been delayed due to neighborhood opposition.

Contact:

• Regulation:

24 CFR 891.165.

Project/Activity:

Ryder Assisted Care II, Humacao, Puerto Rico, Project Number: 065-HD010/RQ46-Q961-003.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 3, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Time delays were directly attributable to third parties since required local government endorsements took more than a year to be approved.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

St. Anthony Homes, Baltimore, Maryland, Project Number: 052-HD029/MD06-Q971-003.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 4, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Additional time was needed to prepare and submit the initial closing package.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Moorestown Consumer Home, Philadelphia, Pennsylvania, Project Number: 035-HD038/NJ39-Q971-077.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 10, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The sponsor could not secure control of the site identified, had to secure bridge financing. Additionally, HUD required the sponsor to hire an architect due to the nature and amount of work involved.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Royale Gardens, Chicago, Illinois, Project Number: 071-EE125/IL06-S961-016.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project had been delayed due to the City of Chicago imposing new requirements regarding detailed breakdowns for landscaping costs.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Hogar Aurora, Aibonito, Puerto Rico, Project Number: 056-HD015/RQ46-Q971-002.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The delay in initial closing was directly attributable to the high cost of construction on the island and the lack of an available contractor to develop the project within the cost limits.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Three Bridges, Philadelphia, Pennsylvania, Project Number: 031-EE042/NJ39-S961-008.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 16, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was pending a judicial decision concerning settlement of a dispute regarding site control.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

ARC Housing, Wauwatosa, Wisconsin, Project Number: 075-HD053/WI39-Q971-004.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 16, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The sponsor needed additional time to work out the completion and submission of the closing documents. Additionally, the sponsor experienced problems with lead based paint removal, underground storage tanks, an elevator and relocation.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Absecon Consumer Home, Philadelphia, Pennsylvania, Project Number: 031-HD084/NJ39-Q971-009.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 16, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The sponsor had to locate a new site for the project and this was the sponsor's first experience with modular units (which it was using to replace the existing facility on the site and hoped to replicate in the future).

Contact:

• Regulation:

24 CFR 891.165.

Project/Activity:

Ft. Washington Adventist Apartments—New Life Homes, Albuquerque, New Mexico, Project Number: 116-HD015/NM16-Q001-001.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 30, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project had been delayed due to zoning issues and the need for local government approval of its water/sewer classification.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Ray Rawson Villa, Las Vegas, Nevada, Project Number: 125-HD064/NV25-Q971-001.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 30, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project experienced delays while the sponsor raised funds to meet the increased construction costs.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Timothy Place, Plum Borough, Allegheny County, Pennsylvania, Project Number: 033-HD048/PA28-Q971-010.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

August 30, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The first two approved sites were abandoned due to the sponsor's inability to secure additional sewer taps through the Department of Environmental Protection and to obtain a zoning variance from the local government.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Sumac Trail Apartments, Milwaukee, Wisconsin, Project Number: 075-HD050/WI39-Q971-001.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

September 8, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Additional time was needed by the sponsor to correct deficiencies to their firm commitment application.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

New Opportunities For Waterbury, Waterbury, Connecticut, Project Number: 017-HD008.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary For Housing-Federal Housing Commissioner.

Date Granted:

September 12, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Additional time was needed by the sponsor to secure control of two of the four sites.

Contact:

•

Regulation:

24 CFR 891.165.

Project/Activity:

Nashville Supportive Housing Development, Nashville, Tennessee, Project Number: 086-HD016/TN43-Q971-001.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary For Housing-Federal Housing Commissioner.

Date Granted:

September 25, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The sponsor was unable to secure proper zoning on the original site and had to locate an alternate site.

Contact:

•

Regulation:

24 CFR 891.525.

Project/Activity:

Brooklyn Home for Aged People, New York, New York, Project Number: 012-EH059/NY36-T781-032.

Nature Of Requirement:

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

September 8, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The project was beset with problems, including the fact that the contractor took the project to arbitration over the slow rate of progress. The project was scheduled for completion on or before June 1984. In order to complete construction, the original mortgage was increased and the borrower arranged in 1988 for a second general contractor to complete construction. In an attempt to avoid any liability, the borrower filed for bankruptcy in 1989. The bankruptcy agreement stipulated that the supplemental loan be at 0 percent interest and this agreement was binding.

Contact:

•

Regulation:

24 CFR 891.575 and 891.610(c).

Project/Activity:

Northview Apartments, Okemah, Oklahoma, Project Number 117-EH089.

Nature of Requirement:

HUD's regulations at 24 CFR part 891 limit occupancy to very low income (VLI) elderly households where or one or more persons is at least 62 years of age at the time of initial occupancy.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

July 20, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Kansas City multifamily HUB requested waiver of this regulation due to the limited market of elderly individuals and families. This project is located in a small rural community and has historically been unable to attract elderly families to fill vacancies. This waiver will expand the number of eligible households who can be admitted to the property allowing the owner additional, necessary flexibility in renting up units.

Contact:

Frank M. Malone, Director, Office of Asset Management, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6160, Washington, DC 20410; telephone: (202) 708-3730.

•

Regulations:

24 CFR 891.575 and 891.610(c).

Project/Activity:

IOOF Tower, Salt Lake City, Utah, Project No: 105-EH050.

Nature of Requirement:

HUD's regulations at 24 CFR part 891 limit occupancy to very low income households composed of two or more persons at least one of whom is 62 years of age or older at the time of initial occupancy.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Granted:

September 12, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Denver multifamily HUB requested an age waiver because the project had been unable to sustain occupancy due to the somewhat depressed surrounding neighborhood and declining demand for very low income elderly housing. The waiver allowed property management to rent up vacant units.

Contact:

Frank M. Malone, Director, Office of Asset Management, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6160, Washington, DC 20410; telephone: (202) 708-3730.

•

Regulation:

24 CFR 891.575 and 610(c).

Project/Activity:

Calvary Tower, Salt Lake City, Utah, Project Number: 105-EH048.

Nature Of Requirement:

HUD's regulations at 24 CFR part 891 limit occupancy to very low income households composed of two or more persons at least one of whom is 62 years of age or older at the time of initial occupancy.

Granted By:

William C. Apgar, Assistant Secretary for Housing-Federal Housing Commissioner.

Date Waived:

September 20, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The Denver Multifamily Hub requested an age waiver for the project due to the soft market for elderly properties in the Salt Lake City area. The surrounding neighborhood of Calvary Tower is somewhat depressed which also contributes to vacancy problems. Even though the property is currently full, any long term vacancies would pose a financial strain on this property and there is only one applicant on the waiting list. Lowering the age requirement from 62 to 55 and older will allow project management flexibility in attempting to alleviate vacancy problems.

Contact:

Frank M. Malone, Director, Office of Asset Management, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6160, Washington, DC 20410; telephone: (202) 708-3730.

IV. Regulatory Waivers Granted by the Office of Multifamily Housing Assistance Restructuring (OHMAR)

For further information about the following waiver actions, please see the name of the person which immediately follows the description of the waiver granted.

•

Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project name

State

06235027

Alexander Court

06235337

Monroe Avenue

08235040

Harmony Homes Apartments

08235018

North Acres Apartments

01711020

New Era Court

01735106

Old Middletown High School

06635031

Central Area Apts.

06335044

Pana Villa Gardens

17135076

Johnson Manor

07335270

Retired Tigers

09244036

Torre de San Miguel

11655006

Clovis II

11635097

Four Seasons

11644046

King Arthur's Court Apts.

11644047

Tradewinds Carriage Apts.

01435022

Lincoln Arms

04644069

Albright

04635027

Danner Park Apts.

04335090

Fairview II

04335125

Urbana Hollow

11744077

Paradise Corners

03435014

Beckett Gardens

03344180

Bethesda Wilkinsburg

03455033

Crosby

03335006

Harriet Tubman Terrace

03344157

Jeannette Gardens

03355008

Liberty Park Apts.

03344040

Palisades Manor

03344119

Parkview Manor Apts.

01644066

1890 House

01635010

Roger & Roger

05435075

St. Stephens Apts.

08744033

Jaycee Progress, Inc.

08744033

Jaycee Progress, Inc.

08635039

Pulaski Terrace Apts. I

11344036

Abilene North Apts.

05935009

Belaire Manor

11435063

Cleme Manor

11335005

Prince Hall Garden II

11435017

Prince Hall Plaza

11435005

Prince Hall Village

11435077

Rolland Hilliard

11435046

Settegast

13344034

Woodcrest Apartments

05135040

Caru

05135117

Caru East

05135111

Dorchester Square

05135034

Kings Court

12735237

Burien Haus

12735144

Omak Stampede

17144040

Pine Villa

07535078

Goodman Homes

07535071

Oakwood Haven Vine Court Apts.

07535077

Oakwood Haven Vine Court Apts.

07535078

Pioneer Villa Goodman Homes

07535076

Pioneer Villa Goodman Homes

07535077

Vine Court Apts.

10935035

Westgate Apartments

Nature of Requirement:

HUD's regulation at 24 CFR 401.600 requires that projects be marked down to market rents within 12 months of their first expiration date after January 1, 1998. The intent of this provision is to ensure timely processing of requests for restructuring, and that the properties will not default on their FHA insured mortgages during the restructuring process.

Granted By:

Ira Peppercorn, Director of OMHAR.

Date Granted:

July 11, 2000.

Reasons Waived:

HUD determined that there was good cause for the waivers. The attached list of projects were not assigned to the PAEs in a timely manner or for which the restructuring analysis was unavoidably delayed due to no fault of the owner.

Contact:

Dan Sullivan, Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Development, Portals Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410; telephone (202) 708-0001.

•

Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project name

State

06235045

Spring Creek

08235039

Chicot Limited Partnership

08235036

Haygood Neal Garden Apartments

08235049

Pilgrim Rest Limited Partnership

08235019

Smith Keys Village

08244015

Village Park South I

08244042

Village Park South II

06735015

Shull Manor

06344041

Sutton Place

06344041

Sutton Place

06344041

Sutton Place

06344041

Sutton Place

06735016

Tropical Manor

06135006

Bethel Church Homes

07435068

Benton Place

07135341

Doyle family

08335241

Lebanon Apts.

08335251

Robinwood Park

08335239

Sandefur Manor

02355123

Park Gardens

02344152

Rap-Up II B

02238003

Dominican Court

09235359

Falls South Apartments

06535004

Canton Garden Apartments

06535027

Eastview Apartments

06535244

Hilldale Apartments

06535159

Martin Luther King Memorial Apts.

06535242

Oakdale Apartments

09335068

Sherwood Inn

01335060

Country Club Court

01335048

Robinson Square

01257044

Sumet I

01335056

Summit Towers

01332002

Woodburn Court

11794009

Country Park

11844025

Riverview Village

05435037

Mt. Zion I

05444005

Mt. Zion II

11444026

Cedarwood Apartments

10935028

Ranger Apartments

10935040

Trails Apartments

Nature of Requirement:

Granted By:

Ira Peppercorn, Director of OMHAR.

Date Granted:

August 2, 2000.

Reason Waived:

HUD determined that there was good cause for the waivers. The attached list of projects were not assigned to the PAEs in a timely manner and for which the restructuring analysis was unavoidably delayed due to no fault of the owner.

Contact:

Dan Sullivan, Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Development, Portals Building, Suite 400, 1280 Maryland

Avenue SW., Washington, DC 20410; telephone (202) 708-0001.

• Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project name

State

00035113

Benning Courts

06344037

Forest Green

06692002

Harlem Gardens

06335042

Hastings Apartments

06335034

Marion Manor

06344051

Springfield Res I

07444052

Green Valley Manor

07235053

Cougill Apts

08335253

Regency Park-Louisville

06535048

Northland Village Apartments

09355004

Hillview Apartments

03535026

Delsea Gardens

11692502

Hobbs Apts.

11692506

Quay Apts.

01355007

Eljay Apartments

01444028

Fight Village

01344008

Syracuse Apts.

01344072

Syracuse Rehab V

01444035

Whitney Neighborhood

04335138

Discovery 76

11735129

Arbuckle Ridge

11735130

Arbuckle Ridge

11835060

Autumn Wood Apartments

11744006

London Square

11744077

Paradise Corners

11744106

Southgate

11835093

Willow Gardens

11838006

Willow Rock Apartments

03344098

First Erie Better Housing West

03444815

Geneva House

03435130

Hampton House

03344044

Monview Heights

03335081

Penn Towers

03335004

Punxsutawney Sycamore

03444049

Wayneview Apartments

08192503

Crestview Manor

08192502

Parkway East I

08135023

Parkway East II

08135047

Ridgley Manor

08135051

Somerville Apts.

08135069

Southside Manor

08135014

Tulane I Apts.

11344036

Abilene North Apts.

11435225

Beverly Place

11235257

Lake June Village

11535021

Lulac Village Park

11335004

Prince Hall Garden I

08244031

Town North Apartments

08244031

Town North Apartments

11544037

Villa Madre

05155001

Brightwood Apts.

17135178

Court Arthur

17144046

Parkview Apartments

07535291

Fordem Towers

07535168

Pine Creek I Apartments

07535117

Woodridge Gardens

04535006

Rivermont Homes

Nature of Requirement:

Granted By:

Ira Peppercorn, Director of OMHAR.

Date Granted:

August 16, 2000.

Reason Waived:

Contact:

Dan Sullivan, Office of Multifamily Housing Assistance Restructuring, Department of Housing and Urban Development, Portals Building, Suite 400, 1280 Maryland

Avenue SW., Washington, DC 20410; telephone (202) 708-0001.

•

Regulation:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project name

State

06292002

Stonegate Village

10135207

Arvada House

00044142

Brookland Manor Apartments

00044142

Brookland Manor Apartments

00035110

Fairmont I Apartments

00055068

W Street Apartments

03235003

Banneker Heights

06735048

Central Court Apartments

06335030

Eastside Garden Apartments

06335031

Eastside Terrace Apartments

06335101

Oakdale Garden Apartments

06735035

Seminole Garden Apartments

06344051

Springfield Residential One

06344051

Springfield Residential One

06192505

Etheridge Court Apartments I

14035074

Hausten Gardens

07435130

Autumn Park Apartments

12435028

Pocatello Properties

07135339

Countryside Manor

07135369

Pullman Wheelworks

07344455

Weyerbacher Terrace Apartments

07344455

Weyerbacher Terrace Apartments

02344152

Rap-Up II B

09235299

Park Place Apartments

09335007

Big Sky Apartments

09335074

Grande Villa Apartments

03135185

Baldwin Oaks Apartments

11635015

Santa Rosa Apartments

11635056

Villa Del Sol Apts

01235193

Belmont Apartments

01257029

Parkview Apartments

01255173

Siloam House

01235306

St. Joseph's Village

01255012

Towne Gardens Housing Development

04335204

Cambridge Village

04335173

Knollwood Commons

04335197

Liberty Commons

04335153

Momentum 75

04635388

Parkview Arms II

04335100

Rehab Unlimited

04335107

Townhomes Properties, Ltd No. 1

04335084

U.S. #51 Apartments

11735013

Country Cove Housing

11744115

Hillcrest Green Apartments

11744077

Paradise Corner Apartments

11835084

Willow Creek Apartments

11835084

Willow Creek Apartments

11835080

Willow Park Apartments

03344045

Bedcliff Apartments

03344071

Bethome

03344108

Colver Hotel Apartments

03444808

Enon Toland Apartments

03442029

Hedgerow Apartments

03438017

Lincoln Towers

03344050

Oliver Plaza Apartments

03310002

Palisades Plaza

01658501

Develco Apartments

01644032

Develco Family Apartments

08192504

Tulane II Apartments

08135035

Warren Apartments

11344036

Abilene North Apartments

11435225

Beverly Place Apts

11444026

Cedarwood Apartments

11435023

Independent Missionary Village Apartments

11535024

North Side Manor Apartments

11492501

Oakhill Plaza Apartments

11235070

Park Manor Apartments

11235014

Prince Hall Chambre Apartments

11235029

St. James Manor Apartments

11344001

Villa Supreme Apartments

11344001

Villa Supreme Apartments

13344034

Woodcrest Apartments

17144066

Hillcrest Apartments

17144046

Parkview Apartments

17144022

Richard Allen Apartments

07535072

Coleman Manor

07535024

Fairfield Homes

07535240

Housing Facilities of Monticello

07535073

Laona Manor

07535081

Lena Plaza

Nature of Requirement:

Granted By:

Ira Peppercorn, Director of OMHAR.

Date Granted:

August 31, 2000.

Reasons Waived:

Contact:

•

Regulations:

24 CFR 401.600.

Project/Activity:

The following projects requested waivers to the 12-month limit at above-market rents (24 CFR 401.600):

FHA No.

Project name

State

10135218

High Country Apartments

00044150

Eleventh Street Apartments

06135053

Lakeview Apartments

06135037

Pine Valley Apartments

07344381

Caravelle Commons Cooperative

00055019

Glenarden I Apartments

00055019

Glenarden I Apartments

00012005

Glenarden II Apartments

00012005

Glenarden II Apartments

00012005

Glenarden II Apartments

00012005

Glenarden II Apartments

05235079

Perrywood Garden Apartments

02235011

Maple Knolls Apartments

02235011

Maple Knolls Apartments

09335056

Eagles Manor No. 2

04235042

Chip Apartments II

04244008

Ralston Square Apartments

04235180

Rockefeller Park Towers

11235145

Belle Oaks Apartments

13355006

Villa Del Norte Apartments

13355006

Villa Del Norte Apartments

13344034

Woodcrest Apartments

13344034

Woodcrest Apartments

05135057

Rivermont Apartments

Nature of Requirement:

Granted By:

Ira Peppercorn, Director of OMHAR.

Date Granted:

September 22, 2000.

Reason Waived:

Contact:

V. Regulatory Waivers Granted by the Office of Public and Indian Housing

For further information about the following waiver actions, please see the name of the person which immediately follows the description of the waiver granted.

•

Regulation:

24 CFR 950.980 as in effect at the time of grant award.

Project/Activity:

A request was made by the Cheyenne River Housing Authority (CRHA), Eagle Butte, South Dakota, for a one-year extension of their FY 1994 FIC grant to continue support and funding for their Single Mother's Self-Sufficiency Program.

Nature of Requirement:

While no longer in effect, HUD's regulations at 24 CFR 950.980 governed the Family Investment Center (FIC) program at the time of the initial grant award. The FIC program does not have current regulations and the NOFA does not provide guidance on grant term extensions. The application kit states that the grant term will be of three to five years duration, depending upon the activities undertaken.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

June 19, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The FIC grant awarded to the CRHA has funded the Single Mother's Self-Sufficiency Program which has provided basic life skills, training and transitional housing for many homeless single mothers, as well as educational opportunities to seventy-four young women, thirty-three of which have completed their entire educational plan; forty-one of the participating that have not completed their goals will be able to achieve them during this additional year of operating the program; the success of the program has prompted the Board of Directors to approve a pilot program for single fathers, providing the same services to men in the area; and the CRHA has been highly competent in submitting their annual reports and financial status reports to the Northern Plains ONAP in a timely manner.

Contact:

Tracy C. Outlaw, National Office of Native American Programs (ONAP), Department of Housing and Urban Development, 1999 Broadway—Suite 3390, Denver, Colorado 80202, telephone: (303) 675-1600.

•

Regulation:

24 CFR 963.10(d).

Project/Activity:

Tampa Housing Authority, Florida, Public Housing Program.

Nature of Requirement:

HUD's regulation at 24 CFR 963.10(d) restricts a public housing agency (PHA) from contracting with a resident-owned business in excess of $1,000,000.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

July 26, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Approval of the waiver permitted the PHA to exceed the limit for contracting with resident-owned businesses and closed two Regional Inspector General Audit findings against the PHA.

Contact:

Gerald Benoit, Director, Real Estate and Housing Performance Division, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh St. SW., Washington, DC 20410, telephone: (202) 708-0477.

•

Regulation:

24 CFR 982.306(d).

Project/Activity:

Vermont State Housing Authority, Vermont, Housing Choice Voucher Program.

Nature of Requirement:

HUD's regulation at 24 CFR 982.306(d) limits the circumstances under which a public housing agency may approve the leasing of a unit if the owner of the unit is a close relative of the family.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

August 2, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Approval of the waiver permitted a voucher holder to lease a unit from a relative because of the unavailability of suitable vacant rental housing in the PHA's jurisdiction.

Contact:

•

Regulation:

24 CFR 982.306(d).

Project/Activity:

Saint Paul Public Housing Agency, Minnesota, Housing Choice Voucher Program.

Nature of Requirement:

HUD's regulation at 24 CFR 982.306(d) limits the circumstances under which a public housing agency may approve the leasing of a unit if the owner of the unit is a close relative of the family.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

August 7, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Approval of the waiver permitted a large family to find suitable housing to lease under the housing choice voucher program. The availability of vacant units with three or more bedrooms in the PHA's jurisdiction was extremely low. The market area vacancy rate was less than one percent.

Contact:

•

Regulation:

24 CFR 982.306(d).

Project/Activity:

Northeast Nebraska Joint Housing Authority, Nebraska, Housing Choice Voucher Program

Nature of Requirement:

HUD's regulation at 24 CFR 982.306(d) limits the circumstances under which a public housing agency (PHA) may approve the leasing of a unit if the owner of the unit is a close relative of the family.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

August 11, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Approval of the waiver permitted a voucher holder to lease a unit from a relative in a small rural area where there was limited availability of eligible housing units to lease under the program.

Contact:

•

Regulation:

24 CFR 983.4(a)(3).

Project/Activity:

Burlington Housing Authority (BHA), Vermont, Project-Based Certificate Program.

Nature of Requirement:

HUD's regulation at 24 CFR 983.4(a)(3) governs HUD approval of PHA submissions of intent to attach Project based assistance to units. Project-based units proposed for attachment may not be under a tenant-based or Project-based HAP contract or otherwise committed through issuance of certificates or under agreements to enter into HAP contract.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

July 20, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. Approval of the waiver permitted applicants on the BHA waiting list to be assisted sooner, since BHA will not be required to hold voucher assistance as long for future Project-based use, and the waiver also permitted improved utilization of BHA voucher funding during the ACC terms of voucher increments consistent with HUD policy to fully use units reserved under the ACC and allocated budget authority.

Contact:

•

Regulation:

24 CFR 1000.214.

Project/Activity:

A request was made by the Match-E-Be-Nash-Shw-Wish band of Pottawatomi Indians (MBPI), Door, Michigan, to submit their Indian Housing Plan (IHP) to the Eastern Woodlands beyond the due date of July 1, 1999.

Nature of Requirement:

HUD's regulation at 24 CFR 1000.214 states that IHPs must be initially sent by the recipient to the Area ONAP no later than July 1. Section 1000.216 states that if the IHP is not initially sent by July 1, the recipient will not eligible for IHBG funds for that fiscal year.

Granted By:

Harold Lucas, Assistant Secretary for Public and Indian Housing.

Date Granted:

August 7, 2000.

Reason Waived:

HUD determined that there was good cause for the waiver. The MBPI was unable to meet the submission date for the FY 2000 IHP due to circumstances beyond their control. The MBPI was federally recognized on August 23, 1999, and has spent most of the last year working to establish the basic elements for the MBPI's government and organization. Healthcare was the MBPI's first priority, so a health program was established. The small staff was unable to work on housing issues in addition to all other activities. The MBPI can now address the housing issues.

Contact:

Tracy C. Outlaw, National Office of Native American Programs (ONAP), Department of Housing and Urban Development, 1999 Broadway—Suite 3390, Denver, Colorado 80202, Telephone: (303) 675-1600.

[FR Doc. 01-1537 Filed 1-17-01; 8:45 am]

BILLING CODE 4210-33-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.