Notice of Regulatory Waiver Requests Granted

SUMMARY: Under the Department of Housing and Urban Development Reform

Act of 1989 (Reform Act), the Department (HUD) is required to make

public all approval actions taken on waivers of regulations. This

notice is the sixteenth in a series, being published on a quarterly

basis, providing notification of waivers granted during the preceding

reporting period. The purpose of this notice is to comply with the

requirements of section 106 of the Reform Act.

FOR FURTHER INFORMATION CONTACT: For general information about this

Notice, contact Camille E. Acevedo, Assistant General Counsel for

Regulations, Room 10276, Department of Housing and Urban Development,

451 Seventh Street, SW, Washington, DC 20410; telephone 202-708-3055;

TDD: (202) 708-3259. (These are not toll-free numbers.) For information

concerning a particular waiver action, about which public notice is

provided in this document, contact the person whose name and address is

set out, for the particular item, in the accompanying list of waiver-

grant action.

SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development

Reform Act of 1989, the Congress adopted, at HUD's request, legislation

to limit and control the granting of regulatory waivers by the

Department. Section 106 of the Act (Section 7(q)(3)) of the Department

of Housing and Urban Development Act, 42 U.S.C. 3535(q)(3), provides

that:

1. Any waiver of a regulation must be in writing and must specify

the grounds for approving the waiver;

2. Authority to approve a waiver of a regulation may be delegated

by the Secretary only to an individual of Assistant Secretary rank or

equivalent rank, and the person to whom authority to waive is delegated

must also have authority to issue the particular regulation to be

waived;

3. Not less than quarterly, the Secretary must notify the public of

all waivers of regulations that the Department has approved, by

publishing a Notice in the Federal Register. These Notices (each

covering the period since the most recent previous notification) shall:

a. Identify the project, activity, or undertaking involved;

b. Describe the nature of the provision waived, and the designation

of the provision;

c. Indicate the name and title of the person who granted the waiver

request;

d. Describe briefly the grounds for approval of the request;

e. State how additional information about a particular waiver grant

action may be obtained.

Section 106 also contains requirements applicable to waivers of HUD

handbook provisions that are not relevant to the purposes of today's

document.

Today's document follows publication of HUD's Statement of Policy

on Waiver of Regulations and Directives Issued by HUD (56 FR 16337,

April 22, 1991). This is the sixteenth Notice of its kind to be

published under Section 106. It updates HUD's waiver-grant activity

from October 1, 1994 through December 31, 1994.

For ease of reference, waiver requests grant by departmental

officials authorized to grant waivers are listed in a sequence keyed to

the section number of the HUD regulation involved in the waiver action.

For example, a waiver-grant action involving exercise of authority

under 24 CFR 24.200 (involving the waiver of a provision in Part 24)

would come early in the sequence, while waivers in the Section 8 and

Section 202 programs (24 CFR Chapter VIII) would be among the last

matters listed. Where more than one regulatory provision is involved in

the grant of a particular waiver request, the action is listed under

the section number of the first regulatory requirement in Title 24 that

is being waived as part of the waiver-grant action. (For example, a

waiver of both Sec. 811.105(b) and Sec. 811.107(a) would appear

sequentially in the listing under Sec. 811.105(b).) Waiver-grant

actions involving the same initial regulatory citation are in time

sequence beginning with the earliest-dated waiver grant action.

Should the Department receive additional reports of waiver actions

taken during the period covered by this report before the next report

is published, the next updated report will include these earlier

actions, as well as those that occur between April 1, 1995 through June

30, 1995.

Accordingly, information about approved waiver requests pertaining

to regulations of the Department is provided in the Appendix that

follows this Notice.

Dated: May 22, 1995.

Henry G. Cisneros,

Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by

Officers of the Department of Housing and Urban Development October 1,

1994 through December 31, 1994

Note to Reader: The person to be contacted for additional

information about these waiver-grant items in this listing is: James

B. Mitchell, Director, Financial Services Division, Office of

Housing, Department of Housing and Urban Development, 470 L'Enfant

Plaza East, room 3119, Washington, DC 20024, Phone: (202) 755-7450.

1. REGULATION: 24 CFR Sections 811.106(d) and 811.107(d) of 1977

Regulations.

PROJECT/ACTIVITY: The Louisville Housing Authority refunding of

bonds which financed an uninsured Section 8 assisted project,

Carrousel Apartments, Project Number 083-35365.

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-FHA Commissioner

DATE GRANTED: December 28, 1994

REASONS WAIVED: The Part 811 regulations cited were intended for

original bond financing transactions and do not fit the terms of

refunding transactions. This refunding proposal was approved by HUD

on December 1, 1994. Refunding bonds have been priced to an average

yield of 7.49%. The tax-exempt refunding bond issue of $6,120,000 at

current low-interest rates will save Section 8 subsidy. The Treasury

also gains long-term tax revenue benefits through replacement of

outstanding tax-exempt coupons of 11%-12% at the call date in 1994

with tax-exempt bonds at a substantially lower interest rate. The

refunding will also substantially reduce the mortgage interest rate

at expiration of the HAP contract from 12% to 8.28%, thus reducing

FHA mortgage insurance risk. The refunding serves the important

public purposes of reducing HUD's Section 8 program costs, improving

Treasury tax revenues (helping reduce the budget deficit), and

increasing the likelihood that projects will continue to provide

housing for lower income families after subsidies expire, a priority

HUD objective.

2. REGULATION: 24 CFR Sections 811.106(d) and 811.107(d) of 1977

Regulations.

PROJECT/ACTIVITY: Cuyahoga Metropolitan (Ohio) HA refunding of

bonds which financed an uninsured Section 8 assisted project:

Ambleside Elderly Apartments, HUD Project Number OH16-0013-012, in

Cleveland, Ohio.

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption

[[Page 28463]] of multifamily housing revenue bonds from Federal

income taxation.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-FHA Commissioner

DATE GRANTED: December 28, 1994

REASONS WAIVED: The Part 811 regulations cited above prohibited

refundings and required that excess reserve balances be used for

project purposes. The issuer has requested HUD permission to release

excess reserve balances from the 1977 Trust Indenture for use in

providing newly constructed or rehabilitated housing for low-income

families. Issuance of 1994 refunding bonds under Section 103 of the

Tax Code will not reduce project debt service nor generate Section 8

savings. The Housing Authority will agree to extend low-income

occupancy in this project for 10 years after expiration of the

Housing Assistance Payments Contract.

3. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: Cuyahoga County (Ohio) Metropolitan Housing

Authority refunding of bonds which financed Section 8 assisted

projects, Rock Glen and Chester Village Apartments (FHA No. 042-

35394 and 042-35407).

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: October 19, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on October 12, 1994. Refunding bonds have been priced to an

average yield of 7.12%. The tax-exempt refunding bond issue of

$3,110,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 9.25%-10.5%

at the call date with tax-exempt bonds yielding 7.12%. The refunding

will also substantially reduce the FHA mortgage interest rate at

expiration of the HAP contract from 10.5% and 9.75% to 8.5% and

7.25%, thus reducing FHA mortgage insurance risk. The refunding

serves the important public purposes of reducing HUD's Section 8

program costs, improving Treasury tax revenues, (helping reduce the

budget deficit), and increasing the likelihood that projects will

continue to provide housing for low-income families after subsidies

expire, a priority HUD objective.

4. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: Berne, Indiana, HDC refunding of bonds which

financed Section 8 assisted project, the Swiss Meadows Apartments

(FHA No. 073-35378).

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: October 24, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on September 8, 1994. Refunding bonds have been priced to an

average yield of 7.45%. The tax-exempt refunding bond issue of

$1,875,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 10\1/4\% at

the call date with tax-exempt bonds yielding 7.45%. The refunding

will also substantially reduce the FHA mortgage interest rate at

expiration of the HAP contract from 10.5% and 8.3%, thus reducing

FHA mortgage insurance risk. The refunding serves the important

public purposes of reducing HUD's Section 8 program costs, improving

Treasury tax revenues (helping reduce the budget deficit), and

increasing the likelihood that projects will continue to provide

housing for low-income families after subsidies expire, a priority

HUD objective.

5. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: Greensboro, North Carolina HDC refunding of

bonds which financed two Section 8 assisted projects, Gatewood Manor

Apartments, FHA No. 053-35404 and Laurence Manor, FHA No. 053-35427.

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: October 25, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on August 23, 1994. Refunding bonds have been priced to an

average yield of 6.65%. The tax-exempt refunding bond issue of

$1,910,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 11.8% at

the call date in 1994 with tax-exempt bonds yielding 6.65%. The

refunding will also substantially reduce project debt service at

expiration of the HAP contracts, thus reducing FHA mortgage

insurance risk. The refunding serves the important public purposes

of reducing HUD's Section 8 program costs, improving Treasury tax

revenues (helping reduce the budget deficit), and increasing the

likelihood that projects will continue to provide housing for lower

income families after subsidies expire, a priority HUD objective.

6. REGULATION: 24 CFR Sections 811.107(a)(2), 811.108(a)(1),

811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: The Housing Finance Corporation of Paterson,

New Jersey refunding of bonds which financed a Section 8 assisted

project, Aspen-Hamilton Apartments, FHA No. 031-35233.

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: October 25, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on August 9, 1994. Refunding bonds have been priced to an

average yield of 7.25%. The tax-exempt refunding bond issue of

$3,175,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 10.5% at

the call date in 1994 with tax-exempt bonds at a substantially lower

interest rate. The refunding will also substantially reduce the FHA

mortgage interest rate at expiration of the HAP contract from 10.75%

to 7.9%, thus reducing FHA mortgage insurance risk, and will provide

funds of $50,000 for project repairs. The refunding serves the

important public purposes of reducing HUD's Section 8 program costs,

improving Treasury tax revenues (helping reduce the budget deficit),

and increasing the likelihood that projects will continue to provide

housing for low-income families after subsidies expire, a priority

HUD objective.

7. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(A)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: The Akron (Ohio) Metropolitan Housing

Authority refunding of bonds which financed a Section 8 assisted

project, Briarwood Estates Apartments, FHA No. 042-35337.

[[Page 28464]]

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: November 10, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on August 23, 1994. Refunding bonds have been priced to an

average yield of 7.19%. The tax-exempt refunding bond issue of

$3,750,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 9.5% at the

call date in 1994 with tax-exempt bonds at a substantially lower

interest rate. The refunding will also substantially reduce the FHA

mortgage interest rate at expiration of the HAP contract from 9.375%

to 6.52%, thus reducing FHA mortgage insurance risk, and will

provide funds of $44,544 for project repairs. The refunding serves

the important public purposes of reducing HUD's Section 8 program

costs, improving Treasury tax revenues (helping reduce the budget

deficit), and increasing the likelihood that projects will continue

to provide housing for low-income families after subsidies expire, a

priority HUD objective.

8. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(a)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: The Raleigh (North Carolina) Housing Authority

refunding of bonds which financed a Section 8 assisted project, Pine

Village Apartments FHA No. 053-35551.

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: November 16, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on February 7, 1994. Refunding bonds have been priced to an

average yield of 7.41%. The tax-exempt refunding bond issue of

$1,300,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 10.45% at

the call date in 1994 with tax-exempt bonds at a substantially lower

interest rate. The refunding will also substantially reduce the FHA

mortgage interest rate at expiration of the HAP contract from 10.73%

to 7.9%, thus reducing FHA mortgage insurance risk. The refunding

serves the important public purposes of reducing HUD's Section 8

program costs, improving Treasury tax revenues (helping reduce the

budget deficit), and increasing the likelihood that projects will

continue to provide housing for low-income families after subsidies

expire, a priority HUD objective.

9. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(A)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: The Elizabeth City (North Carolina) Housing

Authority refunding of bonds which financed a Section 8 assisted

project, Virginia Dare Apartments (FHA No. 053-35371).

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: December 27, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on December 20, 1994. Refunding bonds have been priced to an

average yield of 7.11%. The tax-exempt refunding bond issue of

$2,150,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 11.9% at

the call date in 1994 with tax-exempt bonds at a substantially lower

interest rate. The refunding will also substantially reduce the FHA

mortgage interest rate at expiration of the HAP contract, from(12%

to 7.87%, thus reducing FHA mortgage insurance risk, and will

provide funds of $198,000 for project repairs. The refunding serves

the important public purposes of reducing HUD's Section 8 program

costs, improving Treasury tax revenues (helping reduce the budget

deficit), and increasing the likelihood that projects will continue

to provide housing for low-income families after subsidies expire, a

priority HUD objective.

10. REGULATION: 24 CFR Sections 811.107(a)(2), 811.107(b),

811.108(A)(1), 811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).

PROJECT/ACTIVITY: The Erie County (Pennsylvania) Housing

Authority refunding of bonds which financed a Section 8 assisted

project, Edinlake Apartments (FHA No. 033-35148).

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation and

authorize call of debentures prior to maturity.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: December 28, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions. To credit enhance refunding bonds

not fully secured by the FHA mortgage amount, HUD also agrees not to

exercise its option under 24 CFR Section 207.259(e) to call

debentures prior to maturity. This refunding proposal was approved

by HUD on December 20, 1994. Refunding bonds have been priced to an

average yield of 7.15%. The tax-exempt refunding bond issue of

$1,410,000 at current low-interest rates will save Section 8

subsidy. The Treasury also gains long-term tax revenue benefits

through replacement of outstanding tax-exempt coupons of 11.5% at

the call date in 1994 with tax-exempt bonds at a substantially lower

interest rate. The refunding will also substantially reduce the FHA

mortgage interest rate at expiration of the HAP contract from 11.78%

to 7.6%, thus reducing FHA mortgage insurance risk, and will provide

funds of $100,000 for project repairs. The refunding serves the

important public purposes of reducing HUD's Section 8 program costs,

improving Treasury tax revenues (helping reduce the budget deficit),

and increasing the likelihood that projects will continue to provide

housing for low-income families after subsidies expire, a priority

HUD objective.

11. REGULATION: 24 CFR Sections 811.114(d), 811.115(b), 811.117.

PROJECT/ACTIVITY: The Housing Finance Corporation of Newark, New

Jersey refunding of bonds which financed a Section 8 assisted

project, Broadway Manor Apartments (FHA No. 031-35235).

NATURE OF REQUIREMENT: The Regulations set conditions under

which HUD may grant a Section 11(b) letter of exemption of

multifamily housing revenue bonds from Federal income taxation.

GRANTED BY: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner

DATE GRANTED: November 16, 1994

REASONS WAIVED: The Part 811 regulations cited above were

intended for original bond financing transactions and do not fit the

terms of refunding transactions under Section 103 of the Tax Code.

This refunding proposal was approved by HUD on October 21, 1994.

Refunding bonds have been priced to an average yield of 7.51%. The

tax-exempt refunding bond issue of $3,824,000 at current low-

interest rates will save Section 8 subsidy. The Treasury also gains

long-term tax revenue benefits through replacement of outstanding

tax-exempt coupons of 10.8% at the call date in 1994 with tax-exempt

bonds at a substantially lower interest rate. The refunding serves

the important public purposes of reducing HUD's Section 8 program

costs, improving Treasury [[Page 28465]] tax revenues (helping

reduce the budget deficit), and increasing the likelihood that

projects will continue to provide housing for low-income families

after subsidies expire, a priority HUD objective.

Note to the reader: The person to be contacted for additional

information about these waiver-grant items is:

Debbie Ann Wills, Field Management Officer, U.S. Department of

Housing & Urban Development, Office of Community Planning and

Development, 451 7th Street, S.W., Washington, D.C. 20410-7000,

Telephone: (202) 708-2565.

12. REGULATION: CFR 51.102(a)(3) and 51.104(b)(2)

PROJECT/ACTIVITY: Leland Apartments a Section 811 project

containing 24 units designed for the handicapped.

NATURE OF REQUIREMENT: The regulations require that for a

project exposed to unacceptable noise levels an environmental impact

statement must be conducted.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: October 14, 1994.

REASONS WAIVED: It was determined that the project met the

requirements of Section 51.104(b)(2) of the noise regulation in that

noise is the only environmental issue and no outdoor noise sensitive

use will take place.

13. REGULATION: 24 CFR 91.60(c)

NATURE OF REQUIREMENT: The Assistant Secretary used the waiver

authority of 24 CFR 91.99 to waive the provision of 24 CFR 91.60 (c)

that requires a 30-day public comment period on the proposed CHAS

for all FY 1995 New York HUD-administered Small Cities applicants.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: December 5, 1994

REASONS WAIVED: The waiver will give Small Cities applicants

time to prepare the required CHAS and apply for funding under the

Small Cities Program in a more timely manner.

14. REGULATION: 24 CFR 92.214(a)(8)

PROJECT/ACTIVITY: The City of Homestead, Florida requested a

waiver to allow HOME funds to be used to reimburse the City's

general fund for the cost of land which it had previously donated to

the Homestead Housing Authority.

NATURE OF REQUIREMENT: The new regulations at 92.214(a)(8)

prohibit the use of HOME funds ``to pay for the acquisition of

property owned by the participating jurisdiction.''

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 18, 1994

REASONS WAIVED: The waiver was granted because the City of

Homestead was in a unique situation due to Hurricane Andrew and the

waiver was granted for good cause.

15. REGULATION: 24 CFR 92.216 and 24 CFR 92.252(a)(3)

PROJECT/ACTIVITY: The City of Santa Monica is requesting a

waiver of 24 CFR 92.216 and 92.252(a)(3) of the HOME program

regulations.

NATURE OF REQUIREMENT: The regulations at 92.216 and

92.252(a)(3) state income targeting requirements allow HOME funds to

be used only in units where the occupants are or will be low-income

families.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: December 27, 1994

REASON WAIVED: The City of Santa Monica determined that many of

the tenants whose homes were damaged by the earthquake were low-

income but not all those displaced were low-income. To further the

completion of the project and to allow former tenants to return to

the project the income determination requirements of the HOME

program were waived.

16. REGULATION: 24 CFR 92.221(a)(3)

PROJECT/ACTIVITY: The State of California requested a waiver of

the match credit under 24 CFR 92.221(a)(3).

NATURE OF REQUIREMENT: The regulations at 24 CFR 92.221(a)(3)

require a match of HOME funds with local funds.

GRANTED BY: Andrew Cuomo, Assistant Secretary of Community

Planning and Development

DATE GRANTED: October 14, 1994

REASON WAIVED: Good cause was found to grant a waiver of 24 CFR

92.221(a)(3) for HOME projects owned by California non-profit

organizations to allow the present discounted value of the welfare

tax exemption to be counted up front as match for the HOME program.

17. REGULATION: 24 CFR 92.222(b)

PROJECT/ACTIVITY: The State of Alabama requested that the match

reduction made because the area was declared a natural disaster area

be extended for Fiscal 1995.

NATURE OF REQUIREMENT: Under the HOME Program, each

participating jurisdiction must match its allocation of HOME Program

funds. Jurisdictions designated federal ``natural disaster areas''

are given relief from the match requirements for one year.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

REASON WAIVED: To relieve the jurisdiction of coming up with

matching funds that would delay the use of HOME funds in an

emergency situation.

18. REGULATION: 24 CFR 92.251(a)

PROJECT/ACTIVITY: The State of Arizona requested a waiver for

Navajo County to permit rehabilitation which utilizes HOME funds,

without bringing the unit into compliance with HUD housing quality

standards (HQS) due to remote location and/or inaccessible

utilities.

NATURE OF REQUIREMENT: Section 92.251(a) provides that housing

assisted with HOME funds meet, at a minimum, HUD housing quality

standards, and provides other minimum standards for substantial

rehabilitation and new construction.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 18, 1994

REASON WAIVED: The waiver was granted because housing stock and

cultural conditions are quite different in the remote area of the

Navajo County and it would be prohibitively expensive to meet HQS.

This waiver applies only to those instances where rehabilitation

will not bring the unit to the level of HQS requirements due to the

remote location and/or inaccessibility of utilities.

19. REGULATION: 24 CFR 92.252(a)(2)

NATURE OF REQUIREMENT: Developers of the Spring Homes Project

requested a waiver of the HOME Program rent limitations.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: December 27, 1994

REASONS WAIVED: The Department recognizes that a difference

exists between the rent requirement of the HOME program and the

project-based rent structure of the Section 811 program consequently

it was determined that there was good cause to waive the 24 CFR

92.252(a)(2).

20. REGULATION: 24 CFR 92.502(g)

PROJECT/ACTIVITY: The State of Rhode Island is requesting a

waiver of Section 92.502(g) of the HOME program regulations on

behalf of the City of Providence.

NATURE OF REQUIREMENT: The regulations at 92.502(g) state that a

State and local participating jurisdiction (PJ) may jointly fund a

project within the boundaries of the PJ, however, the State must

designate the local PJ as a state recipient and that recipient must

set up the project on the Cash and Management Information System.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 17, 1994

REASONS WAIVED: Because the State is responsible for overall

administration of both projects and the bulk of the financing is

from the State it is more reasonable for the State to set up the

project on the CMI system. It was determined that failure to grant

the waiver would adversely impact the purposes of Title II of the

National Affordable Housing Act.

21. REGULATION: 24 CFR 291.400

PROJECT/ACTIVITY: The Anoka County Community Action Program

requested a waiver of the 24 month residency for a tenant in a

single family property leased under the single family property

disposition homeless program.

NATURE OF THE REQUIREMENT: The regulations at 291.400 prohibit a

nonprofit organization or a community participating in the Single

Family Property Disposition Leasing Program from extending a lease

to the same tenant for a period beyond 24 months.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATED GRANTED: October 27, 1994

REASONS WAIVED: The waiver will allow a formerly homeless family

with three minor children more time to find permanent housing.

22. REGULATION: 24 CFR 511.76(h) and 24 CFR 92.220(a)(1)(i)

PROJECT/ACTIVITY: The City of Hickory North Carolina requested a

waiver of program closeout requirements of the Rental Rehabilitation

program. [[Page 28466]]

NATURE OF REQUIREMENT: The regulations at 24 CFR 511.76(h) and

the HOME match requirements of 24 CFR 92.220(a)(1)(i) state that

program income from Rental Rehabilitation grant can only be used as

HOME match only after closeout of the applicable Rental

Rehabilitation grant.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 1994

REASONS WAIVED: The North Carolina Housing Finance Agency

(NCHFA), the Rental Rehabilitation grantee, had not yet met the

requirements for program closeout. However, the City of Hickory, as

a subrecipient of the State, has closed out all of its RRP grants

and was receiving program income from them. The waiver allowed the

City to use its program income to provide affordable rental housing

to low-income residents.

23. REGULATION: 24 CFR 570.200(h)

PROJECT/ACTIVITY: The City of West Allis, Wisconsin requested a

waiver of 24 CFR 570.200(h) regarding reimbursement of pre-agreement

costs for the Veteran's Park Redevelopment Project.

NATURE OF REQUIREMENT: Under the regulations, a locality is

precluded from obligating CDBG funds before grant award.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: December 6, 1994

REASONS WAIVED: HUD determined that failure to grant the waiver

would cause hardship and adversely affect the purposes of the Act.

The waiver of the limitations on pre-agreement costs at 24 CFR

570.200(h) will permit the reimbursement of local funds for the

Veteran's Park Redevelopment Project with FY 1995 and 1996 CDBG

funds.

24. REGULATION: 24 CFR 570.208(a)(3)

PROJECT/ACTIVITY: The City of Oakland, California requested a

waiver of the CDBG regulations at 24 CFR 570.208(a)(3).

NATURE OF THE REQUIREMENT: The regulations at 24 CFR

570.208(a)(3) require, as a general rule, that CDBG-assisted housing

structures principally benefit low- and moderate-income households.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 18, 1994

REASONS WAIVED: The waiver would allow less than 100 percent of

single family homes at a 36-unit Planned Unit Development to be sold

to low- and moderate-income households. The Department has

determined that the City has demonstrated that application of 24 CFR

570.208(a)(3) would create undue hardship and adversely affect the

purposes of the Act because it would impose an economic hardship on

low- and moderate-income buyers other than the number to be

subsidized.

25. REGULATION: 24 CFR 570.208(a)(3)

PROJECT/ACTIVITY: The City of Dallas, Texas requested a waiver

of the CDBG regulations at 24 CFR 570.208(a)(3)

NATURE OF REQUIREMENT: The regulations at 24 CFR 570.208(a)(3)

require, as a general rule, that CDBG-assisted housing structures

principally benefit low- and moderate-income households.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 18, 1994

REASON WAIVED: The waiver would allow less than 51 percent low-

and moderate-income occupancy of 3 projects rehabilitated through

the Section 108 program, as long as the percentage of Section 108

funds applied to each project will not constitute a greater

percentage of funds than the percentage of units occupied by low-

and moderate-income households.

26. REGULATION: 24 CFR 576.55(b)

PROJECT/ACTIVITY: The City of Binghamton, New York requested a

waiver of the Emergency Shelter Grants regulations at 24 CFR 576.21.

NATURE OF REQUIREMENT. The community requested a waiver of the

cap of essential services placed on ESG funds.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: December 27, 1994

REASONS WAIVED: Under the Stewart B. McKinney Homeless

Assistance Act, amended by the National Affordable Housing Act, the

30 percent cap on essential services may be waived if the grantee

``demonstrates that the other (eligible activities under the program

are already being carried out in the locality with other

resources.'' The City provided an analysis that demonstrated that

other categories of ESG activities will be carried out locally with

other resources, therefore, it was determined that the waiver was

appropriate.

27. REGULATION: 24 CFR 576.55(b)(1)

PROJECT/ACTIVITY: The City of Cleveland Ohio requested a waiver

of the Emergency Shelter Grants regulations at 24 CFR 576.55(b)(1).

NATURE OF THE REQUIREMENT: The regulations at 24 CFR

576.55(b)(1) require that the city obligate its current year's ESG

grant within 180 days.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 18, 1994

REASONS WAIVED: The City entered into a contract with a

nonprofit agency to develop a program design and business plan to

implement the continuum of care approach to serving the homeless.

Budgetary details of the contract were not finalized by the end of

the obligation deadline. HUD determined that enforcing the

regulatory requirements would cause undue hardship on the grantee

and adversely affect the purposes of the ESG program.

28. REGULATION: 24 CFR 576.55(b)(1) and 24 CFR 576.21

PROJECT/ACTIVITY: The State of Massachusetts requested a waiver

of the Emergency Shelter Grants regulations at 24 CFR 576.21.

NATURE OF REQUIREMENT: The community requested a waiver of the

cap of essential services placed on ESG funds.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 9, 1994

REASONS WAIVED: Under the Stewart B. McKinney Homeless

Assistance Act, amended by the National Affordable Housing Act, the

30 percent cap on essential services may be waived if the grantee

``demonstrates that the other eligible activities under the program

are already being carried out in the locality with other

resources.'' The State certified that its own shelters and nonprofit

shelters have developed sufficient capacity to provide for every

family that needs shelter, therefore, it was determined that the

waiver was appropriate.

29. REGULATION: 24 CFR 576.55(b)(2) and 24 CFR 576.21

PROJECT/ACTIVITY: Jersey City, New Jersey requested a waiver of

the requirement to spend its ESG funds within 24 months of grant

award. The community also requested a waiver of the cap of essential

services placed on ESG funds.

NATURE OF REQUIREMENT: The regulations at 24 CFR 576.55 state

that each formula city or county must spend all its ESG grant amount

within 24 months of the grant awarded by HUD. The Stewart B.

McKinney Homeless Assistance Act imposes a cap on ESG expenditures

for essential services.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: October 25, 1994

REASONS WAIVED: The two waivers were granted to further the

purposes of the Act. Because ESG monies were returned to the line-

of-credit, the time extension waiver was granted. The essential

services waiver was granted because the city could demonstrate that

the other eligible activities under the program are already being

carried out in the locality with other resources.

30. REGULATION: 24 CFR 808.408(b)

PROJECT/ACTIVITY: The Allen Metropolitan Housing Authority of

the State of Ohio requested a waiver which would allow the PHA to

utilize a gross rent for one of its SRO projects that would exceed

the applicable Fair Market Rent limitation permitted in its

agreement with HUD.

NATURE OF REQUIREMENT: The SRO regulations at 24 CFR 882.408(b)

state that the initial gross rent for any project must not exceed

the moderate rehabilitation FMR applicable to the unit on the date

the agreement is executed.

GRANTED BY: Andrew Cuomo, Assistant Secretary for Community

Planning and Development

DATE GRANTED: November 21, 1994

REASON WAIVED: It was determined that the PHA had taken all

reasonable actions to reduce the gross rents to within the

applicable FMR. So for project development to proceed, the FMR was

increased beyond the amount stated in the agreement.

Note to Reader: The person to be contacted for additional

information about the waiver-grant items in this listing: Gary

VanBuskirk, Director Homeownership Division, Office of Resident

Initiatives, Department of Housing and Urban Development, 451

Seventh Street, S.W., Room 4112, Washington, D.C. 20410, Phone:

(202) 708-4233, (This is not a toll-free number).

31. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) [[Page 28467]] Program, Guidelines, Section 301(b)(3) as

published on January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Nashua, New Hampshire Housing Authority (NHA), a time extension to

carry out the activities specified in its grant agreement. This

extension would be of benefit to the residents participating in

homeownership planning under its HOPE 1 mini-planning grant.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limits a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The authority proposed to utilize unobligated funds for a Career

Path Program in conjunction with Girl's Inc., N.H. Vocational

Technical College and the N.H. Job Training Partnership Council for

the residents of their public housing projects. They have taken

great care in planning properly to insure that the unobligated funds

provide maximum benefits as well as an excellent opportunity for

resident self-sufficiency. The NHA will submit a request to revise

its budget allocation to conform to the proposed additional

activities. Further action on the grant, however, was contingent on

the extension being granted.

32. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

New Bern, North Carolina Housing Authority (NBHA), a time extension

to carry out the activities specified in its grant agreement. This

extension would be of benefit to the residents participating in

homeownership planning under its mini-planning grant NC19HM10050192.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limits a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The NBHA noted that it was impeded in carrying out grant

activities due primarily to the reassignment of staff administering

the grant as well as an unanticipated delay in incorporating

resident groups at the two sites covered by the grant. The NBHA

wished to proceed to continue to work with the resident councils

which have been formed as well as to develop economic sufficiency

programs to assist the residents in utilizing the unexpended funds

remaining. Further action on the grant, however, was contingent on

the extension being granted.

33. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Dover, New Hampshire Housing Authority (DHA), a time extension to

carry out the activities specified in its grant agreement. This

extension would be of benefit to the residents participating in

homeownership planning under its HOPE 1 mini-planning grant.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limits a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The DHA noted that it had completed all of the activities

originally proposed and still had remaining funds. The DHA wished to

proceed with revised activities more in line with the current

desires of the residents under the grant. After taking into

consideration the diminished prospects of obtaining future HOPE

funding, the DHA concluded that it needed to concentrate more on

economic development planning activities. Towards that end, the DHA

will submit a request to revise its budget allocation to conform to

the proposed additional activities. Further action on the grant was

contingent, however, on the extension being granted.

34. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Lawrence, Massachusetts Housing Authority (LHA), a time extension to

carry out the activities specified in its grant agreement. This

extension would be of benefit to the residents participating in

homeownership planning under its HOPE 1 mini-planning grant.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limits a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The LHA noted that it had encountered unexpected delays due to a

change in the outlook of the residents as the grant progressed. The

LHA wished to proceed with revised activities more in line with the

current desires of the residents under the grant. After taking into

consideration the diminished prospects of obtaining future HOPE

funding, the LHA concluded that it needed to alter the emphasis of

its efforts under the grant to concentrate more on economic

development planning activities. Towards that end, the LHA would

submit a request to revise its budget allocation to conform to the

change in emphasis. Further action on the grant, however, would be

contingent on the extension being granted.

35. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Knox County Housing Authority (KCHA), a time extension to carry out

the activities specified in its grant agreement. This extension

would be of benefit to the residents participating in homeownership

planning under its HOPE 1 mini-planning grant.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The KCHA noted that it had encountered unexpected delays due to

a change in the outlook of the residents as the grant progressed.

The KCHA wished to proceed with revised activities more in line with

the current desires of the residents under the grant. After taking

into consideration the diminished prospects of obtaining future HOPE

funding, the KCHA concluded that it needed to alter the emphasis of

its efforts under the grant to concentrate more on economic

development planning activities. Towards that end, the KCHA would

submit a request to revise its budget allocation to conform to the

change in emphasis. Further action on the grant, however, would be

contingent on the extension being granted.

36. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) [[Page 28468]] Program, Guidelines, Section 301(b)(3) as

published on January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Charleston Human Rights Commission of Charleston, West Virginia

(CHRC), a time extension to carry out the activities specified in

its grant agreement. This extension would be of benefit to the

residents participating in homeownership planning under its HOPE 1

mini-planning grant.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The CHRC noted that it had encountered unexpected delays due to

a change in the leadership of the Littlepage Terrace Resident

Management Corporation (LTRMC). The CHRC wished to proceed with

revised activities more in line with the current desires of the

residents under the grant. After taking into consideration the

diminished prospects of obtaining future HOPE funding, the CHRC had

concluded that it needed to extend its activities which were

building the capacity of the residents as well as to plan for

additional self-sufficiency activities. Further action on the grant,

however, was contingent on the extension being granted.

37. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Glendale Resident Management Corporation (GRMC) of Minneapolis,

Minnesota, a time extension to carry out the activities specified in

its grant agreement. This extension would be of benefit to the

residents participating in homeownership planning under its HOPE 1

mini-planning grant MN46HM0020192.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The GMRC noted that although it had made substantial progress in

carrying out the grant, it has experienced difficulty in obtaining

accurate information from the local housing authority resulting in

unexpected delays in carrying out activities under the grant. The

GMRC, though, desired to continue to move forward with grant

activities. The extension would permit the GRMC to complete a proper

physical analysis and financial feasibility study of homeownership.

Further action on the grant, however, was contingent on the

extension being granted.

38. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Division of Housing of the City of Indianapolis, Indiana (DHCI) and

the Rowney Terrace Resident Management Corporation (RTRMC), a time

extension to carry out the activities specified in its grant

agreement. This extension would be of benefit to the residents

participating in homeownership planning at its Rowney Terrace

development.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 17, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The DHCI/RTRMC noted that they had encountered unexpected delays

due to a change in the leadership of the RTRMC. The DHCI/RTRMC

wished to proceed with revised activities more in line with the

current desires of the residents under the grant. After conducting a

needs assessment under the grant, the DHCI/RTRMC had concluded that

they need to alter the emphasis of their efforts under the grant to

concentrate more on economic development planning activities.

Towards that end, the DHCI/RTRMC submitted a request to revise their

budget allocations to conform to the change in emphasis. Further

action on the grant, however, was contingent on the extension being

granted.

39. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Winston-Salem, North Carolina Housing Authority (WSHA), a time

extension to carry out the activities specified in its grant

agreement. This extension would be of benefit to the residents

participating in homeownership planning at its Townview development

(NC19HM10120192).

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 18, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The WSHA noted that they had encountered unexpected delays due

to an initial lack of participation on the part of the residents.

The Resident participation had increased since the organization of a

resident council. The WSHA wished to proceed with activities

designed to further analyze and present possible options for

homeownership to residents as well as to build the capacity of the

resident organization. Further action on the grant, however, was

contingent on the extension being granted.

40. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

City of Little Rock, Arkansas (HACLR), a time extension to carry out

the activities specified in its grant agreement. This extension

would be of benefit to the residents participating in homeownership

planning at its Amelia B. Ives development.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 18, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The HACLR noted that it had encountered unexpected delays in

securing approval of its project management plan and its staff

becoming familiar with what is permissible under the grant. The

HACLR wished to proceed with revised activities. After taking into

consideration the diminished prospects of obtaining future HOPE

funding, the HACLR concluded that it needed to alter the emphasis of

its efforts under the grants to consider alternative approaches to

pursuing homeownership and to increase its emphasis on economic

development planning activities. Further action on the grant,

however, was contingent upon the extension being granted.

41. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) [[Page 28469]] Program, Guidelines, Section 301(b)(1) as

published on January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Jacksonville, Florida Department of Housing and Urban Development

(JDHUD), a time extension to carry out the activities specified in

its grant agreement. This extension would be of benefit to the

residents participating in homeownership planning at its Centennial

Towers development (FL29HM10010992).

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 25, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The JDHUD noted that it had encountered unexpected delays due to

difficulties in obtaining required approval from Jacksonville,

Florida city government as well as an initial lack of participation

on the part of the residents and changes in staff administering the

grant. The JDHUD wished to proceed with planning activities designed

to increase resident capacity and develop the resident management

corporation. Further action on the grant, however, was contingent

upon the extension being granted.

42. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Pompano Beach, Florida Community Development Corporation (PBCDC), a

time extension to carry out the activities specified in its grant

agreement. This extension would be of benefit to the residents

participating in homeownership planning under its HOPE 1 mini-

planning grant (FL29HM10280192).

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 25, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The PBCDC noted that it had encountered unexpected delays due to

unexpected difficulty in completing the feasibility study and a lack

of resident participation. The PBCDC wished to proceed with planning

activities designed to foster resident self-sufficiency and economic

development. Further action on the grant, however, was contingent

upon the extension being granted.

43. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(3) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Ocala, Florida Housing Authority (OHA), a time extension to carry

out the activities specified in its grant agreement. This extension

would be of benefit to the residents participating in homeownership

planning at its N.H. Jones development (FL29HM10320192).

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limits a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 25, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The OHA noted that it had encountered unexpected delays due to

lack of interest in homeownership for the units at the development,

structural deficiencies in the development's units, and a lack of

resident self-sufficiency. The OHA wished to proceed with planning

activities designed to foster resident self-sufficiency and economic

development. Further action on the grant, however, was contingent

upon the extension being granted.

44. REGULATION: HOPE for Public and Indian Housing Homeownership

(HOPE 1) Program, Guidelines, Section 301(b)(1) as published on

January 14, 1992 (57 FR 1522).

PROJECT/ACTIVITY: To permit a HOPE 1 mini-planning grantee, the

Jacksonville, Florida Tenant Advisory Council (JTAC), a time

extension to carry out the activities specified in its grant

agreement. This extension would be of benefit to the residents

participating in homeownership planning under its HOPE 1 mini-

planning grants FL29HM10010292, FL29HM10010392, FL29HM10010492,

FL29HM10010592, FH29HM10010892, FL29HM10011092, FL29HM10011192,

FL29HM10011392, FL29HM10011492.

NATURE OF REQUIREMENT: Section 301(b)(3) of the HOPE 1 Program

Guidelines limit a HOPE 1 mini-planning grantee to carrying out

activities funded under its grant within eighteen (18) months of the

effective date of the mini-planning grant agreement.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 25, 1994

REASON WAIVED: Pursuant to Section 901 of the HOPE 1 Guidelines,

a regulatory provision that is ``not otherwise required by law'' may

be waived by the Assistant Secretary for Public and Indian Housing

upon a determination of good cause, and upon documentation of the

pertinent facts and grounds supporting the waiver.

Good cause was exhibited as follows:

The JTAC noted that it had encountered unexpected delays due to

a changeover in a number of leadership positions and difficulty in

dealing with a troubled housing agency. The JTAC wished to proceed

with activities designed to further resident training and economic

development planning. Further action on the grant, however, was

contingent upon the extension being granted.

45. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership

Opportunity Program) and Corresponding Provisions of the Turnkey III

Handbook (7495.3)

PROJECT/ACTIVITY: Housing Opportunities Commission of Montgomery

County (HOC), Maryland Turnkey III Homeownership Opportunity Program

Projects MD 4-3 (Bel Pre Square), MD 4-6 Scattered Sites, MD 4-10

Scattered Sites, MD 4-11 (Tobytown). Conversion to low-income rental

status.

NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III

Handbook define and govern the Turnkey III Homeownership Opportunity

Program.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 21, 1994

REASON WAIVED: The Housing Opportunities Commission of

Montgomery County, Maryland requested the ability to convert certain

housing units of the HOC's projects MD 4-3, 4-6, 4-10, 4-11 to low-

rent public housing' status.

The Department of Housing and Urban Development has established

certain criteria and procedures by which to judge the efficacy of

such a conversion on a case-by-case basis. After investigation of

the circumstances, and in an attempt to assist the HOC to better

serve its low-income tenants, the Department decided that granting

this conversion was in the best interests of all concerned.

The conversion of Turnkey III units to low-income rental is

implemented according to existing HUD procedures.

The housing authority has shown good cause and demonstrated

compliance with all applicable regulatory requirements for this

conversion.

46. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership

Opportunity Program) and Corresponding Provisions of the Turnkey III

Handbook (7495.3)

PROJECT/ACTIVITY: East St. Louis, Illinois Housing Authority

(ESLHA), Turnkey III Homeownership Opportunity Program Projects

IL001-014, 016, 018, 020, 022, 023, 024.

NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III

Handbook require that upon sale of a homeownership unit that the

monies received be remitted to HUD to reduce the capital

indebtedness on the project. Excess Residual Receipts and or

Operating Reserves are also to be remitted to HUD.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 22, 1994 [[Page 28470]]

REASON WAIVED: Project debt forgiveness was authorized by the

provisions of Section 3004 of the Housing and Community Development

Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272

(April 7, 1986), which amends Section 4 of the United States Housing

Act of 1937. The Amendments authorized the Secretary of HUD to

forgive outstanding principal and interest on loans made by the

Secretary to Public Housing Agencies (PHAs)/Indian Housing

Authorities (IHAs) and to cancel the terms of any contract with

respect to repayment.

Turnkey III debt forgiveness, as authorized above, is

implemented according to existing HUD procedures.

The housing authority has shown good cause and demonstrated

compliance with all applicable regulatory requirements for debt

forgiveness.

47. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership

Opportunity Program) and Corresponding Provisions of the Turnkey III

Handbook (7495.3)

PROJECT/ACTIVITY: Lubbock, Texas Housing Authority (LHA),

Turnkey III Homeownership Opportunity Program Project TX018-003

NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III

Handbook require that upon sale of a homeownership unit that the

monies received be remitted to HUD to reduce the capital

indebtedness on the project. Excess Residual Receipts and or

Operating Reserves are also to be remitted to HUD.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 14, 1994

REASON WAIVED: Project debt forgiveness was authorized by the

provisions of Section 3004 of the Housing and Community Development

Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272

(April 7, 1986), which amends Section 4 of the United States Housing

Act of 1937. The Amendments authorized the Secretary of HUD to

forgive outstanding principal and interest on loans made by the

Secretary to Public Housing Agencies (PHAs)/Indian Housing

Authorities (IHAs) and to cancel the terms of any contract with

respect to repayment.

Turnkey III debt forgiveness, as authorized above, is

implemented according to existing HUD procedures.

The housing authority has shown good cause and demonstrated

compliance with all applicable regulatory requirements for debt

forgiveness.

48. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership

Opportunity Program) and Corresponding Provisions of the Turnkey III

Handbook (7495.3)

PROJECT/ACTIVITY: Prince Georges County, Maryland Department of

Housing and Community Development (DHCD), Turnkey III Homeownership

Opportunity Program Project MD15-5.

NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III

Handbook require that upon sale of a homeownership unit that the

monies received be remitted to HUD to reduce the capital

indebtedness on the project. Excess Residual Receipts and or

Operating Reserves are also to be remitted to HUD.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 15, 1994

REASON WAIVED: Project debt forgiveness was authorized by the

provisions of Section 3004 of the Housing and Community Development

Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272

(April 7, 1986), which amends Section 4 of the United States Housing

Act of 1937. The Amendments authorized the Secretary of HUD to

forgive outstanding principal and interest on loans made by the

Secretary to Public Housing Agencies (PHAs)/Indian Housing

Authorities (IHAs) and to cancel the terms of any contract with

respect to repayment.

Turnkey III debt forgiveness, as authorized above, is

implemented according to existing HUD procedures.

The housing authority has shown good cause and demonstrated

compliance with all applicable regulatory requirements for debt

forgiveness.

49. REGULATION: 24 CFR 904 Subpart B (Turnkey III Homeownership

Opportunity Program) and Corresponding Provisions of the Turnkey III

Handbook (7495.3)

PROJECT/ACTIVITY: Atlanta, Georgia Housing Authority, Turnkey

III Homeownership Opportunity Program Projects GA6-38, GA6-39, GA6-

40, GA6-46, and GA6-51.

NATURE OF REQUIREMENT: 24 CFR Subpart B and the Turnkey III

Handbook require that upon sale of a homeownership unit that the

monies received be remitted to HUD to reduce the capital

indebtedness on the project. Excess Residual Receipts and or

Operating Reserves are also to be remitted to HUD.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 23, 1994

REASON WAIVED: Project debt forgiveness was authorized by the

provisions of Section 3004 of the Housing and Community Development

Reconciliation Amendments of 1985 (the Amendments), P.L. 99-272

(April 7, 1986), which amends Section 4 of the United States Housing

Act of 1937. The Amendments authorized the Secretary of HUD to

forgive outstanding principal and interest on loans made by the

Secretary to Public Housing Agencies (PHAs)/Indian Housing

Authorities (IHAs) and to cancel the terms of any contract with

respect to repayment.

Turnkey III debt forgiveness, as authorized above, is

implemented according to existing HUD procedures.

The housing authority has shown good cause and demonstrated

compliance with all applicable regulatory requirements for debt

forgiveness.

Note to Reader: The person to be contacted for additional

information about these waivers is: MaryAnn Russ, Director, Office

of Assisted Housing, Office of Public and Indian Housing, Department

of Housing and Urban Development, 451 Seventh Street, SW.,

Washington, DC 20410, Phone: (202) 708-1380 (This is not a toll-free

number).

50. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Allen Metropolitan

Housing Authority (AMHA) of Lima, OH, to permit the establishment of

ceiling rents for its entire low-rent inventory.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly Income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 3, 1994

REASON WAIVED: AMHA has experienced vacancy problems due to

families moving out when their rents begin to exceed those on the

private market. The AMHA is developing a homeownership plan with its

HOPE III Planning Grant, and ceiling rents is a key ingredient in

maintaining eligible families as their income increases while

awaiting completion of the homeownership plan and approval for its

implementation.

51. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Newman Grove Housing

Authority (NGHA) of Newman Grove, Nebraska, to permit the

establishment of ceiling rents for seven of its one-bedroom units

that are approximately 780 square feet.

NATURE OF REQUIREMENT: The total tenant payment a public housing agency

(PHA) must charge shall be the highest of the following, rounded to the

nearest dollar: (1) 30% of Monthly Adjusted Income; (2) 10% of Monthly

income; or (3) if the Family receives Welfare Assistance from a public

agency and a part of such payments, adjusted in accordance with the

Family's actual housing costs, is specifically designated by such

agency to meet the Family's housing costs, the monthly portion of such

payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 12, 1994 0REASON WAIVED: The NGHA has

experienced a vacancy problem. Six of the seven small one-bedroom

units in its 20-unit project were vacant most of the time. Non-

elderly applicants were unwilling to pay 30% of their income for

such a small apartment. The waiver was granted to enable NGHA to

address its vacancy problem by improving its marketability to

potential applicants.

52. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Housing and

Redevelopment Authority of Tracy, Minneapolis (HRAT), to permit the

establishment of ceiling rents for its 59 1-bedroom units.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the

[[Page 28471]] following, rounded to the nearest dollar: (1) 30% of

Monthly Adjusted Income; (2) 10% of Monthly income; or (3) if the

Family receives Welfare Assistance from a public agency and a part

of such payments, adjusted in accordance with the Family's actual

housing costs, is specifically designated by such agency to meet the

Family's housing costs, the monthly portion of such payments which

is so designated. GRANTED BY: Joseph Shuldiner, Assistant Secretary

for Public and Indian Housing

DATE GRANTED: October 12, 1994

REASON WAIVED: HRAT began to experience high vacancy rates after

the construction of other housing in the area, which offered larger

units and more amenities. Due to the size of its units, the HRAT

could not attract a sufficient number of applicants willing to pay

30% of income. The establishment of ceiling rents will enable HRAT

to address its vacancy problem by improving its marketability to

potential applicants.

53. REGULATION: 24 CFR Part 913.107(a) PROJECT/ACTIVITY: A

request was made by the Pawnee City Housing Authority (PHA) of

Pawnee City, NE, to permit the establishment of ceiling rents for

its entire inventory.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 12, 1994

REASON WAIVED: The PCHA has experienced vacancy problems and has

several families paying rents higher than those in the private

market. In order to prevent turnovers due to rent increases and to

attract applicants to vacant units, the PCHA was allowed to

establish ceiling rents.

54. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Oshkosh Housing

Authority (OHA) of Oshkosh, Nebraska, to permit the establishment of

ceiling rents for its entire low-rent inventory.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 12, 1994

REASON WAIVED: OHA has had a sustained vacancy problem for

several years. The establishment of ceiling rents will enable OHA to

address its vacancy problem by improving its marketability to

potential applicants.

55. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Puerto Rico Public

Housing Administration (PRPHA), to permit the establishment of

ceiling rents for all of its public housing units.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 7, 1994

REASON WAIVED: The PRPHA has experienced unequitable rents in

comparison with private market housing due to the economic disparity

among various localities in the Commonwealth. The establishment of

ceiling rents will provide for the statutory minimum rent levels as

required by statute, and reflect the economic disparity which exists

between various Fair Market Rent (FMR) areas throughout the

Commonwealth.

56. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Boulder County

Housing Authority (BCHA) of Boulder, CO, to permit the establishment

of ceiling rents for its entire inventory.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 15, 1994

REASON WAIVED: The establishment of ceiling rents for BCHA will

assist families living in BCHA's developments who are making the

transition from welfare to employment, or who have obtained higher-

paying jobs. In order to prevent turnovers due to rent increases and

to attract applicants to vacant units, the BCHA was allowed to

establish ceiling rents.

57. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the Housing and

Redevelopment Authority of Detroit Lakes, Minnesota (HRA), to permit

the establishment of ceiling rents for its sole project, MN107001.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 22, 1994

REASON WAIVED: The HRA has experienced a vacancy problem. The

HRA has experienced frequent turnover and refusals by applicants as

30 percent of their adjusted monthly income would be higher than the

rents in the private market. In order to prevent turnovers due to

rent increases and to attract applicants to vacant units, the HRA

was allowed to establish ceiling rents.

58. REGULATION: 24 CFR Part 913.107(a)

PROJECT/ACTIVITY: A request was made by the St. Edward Housing

Authority (SEHA) of St. Edward, Nebraska, to permit the

establishment of ceiling rents for its 18-unit project NE 26P059001.

NATURE OF REQUIREMENT: The total tenant payment a public housing

agency (PHA) must charge shall be the highest of the following,

rounded to the nearest dollar: (1) 30% of Monthly Adjusted Income;

(2) 10% of Monthly income; or (3) if the Family receives Welfare

Assistance from a public agency and a part of such payments,

adjusted in accordance with the Family's actual housing costs, is

specifically designated by such agency to meet the Family's housing

costs, the monthly portion of such payments which is so designated.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 23, 1994

REASON WAIVED: SEHA has had a sustained vacancy problem for

several years. The establishment of ceiling rents will enable SEHA

to address its vacancy problem by improving its marketability to

potential applicants.

59. REGULATION: 24 CFR Part 970

PROJECT/ACTIVITY: A request was made by the Housing Authority of

the City of Dumas, Arkansas to temporarily convert one 3-bedroom

unit for tenant services activities for a 4-year period.

NATURE OF REQUIREMENT: Under the terms of the Annual

Contributions Contract (ACC), public housing agencies (PHAs) are

required to maintain and operate its property as housing for low-

income families. A PHA may not take any action to demolish or

dispose of a public housing project or a portion of a public housing

project without obtaining HUD approval.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 23, 1994

REASON WAIVED: The Authority received a $10,000 grant from the

Bureau of Alcohol and Drug Abuse Prevention, Arkansas Department of

Health, for a range of counseling activities for young people. The

dwelling will serve as a meeting and counseling center for

teenagers. There will be no structural change to the unit nor

additional cost for the conversion. [[Page 28472]]

Note to reader: The person to be contacted for additional

information about these waiver-grant items in this listing is:

Madeline Hastings, Director, Moderate Rehabilitation Division,

Department of Housing and Urban Development, 451 Seventh Street SW.,

Washington, DC 20410, Phone: (202) 708-3887, TDD: (202) 708-4594

(These are not toll-free numbers).

60. REGULATION: 24 CFR 984.306(b)

PROJECT/ACTIVITY: Housing Authority of Salt Lake City, Utah,

Initial Occupancy Requirement for the Section 8 Family Self-

Sufficiency (FSS) Program

NATURE OF REQUIREMENT: The regulation prohibits a Section 8

portability move by an FSS family within the first year of execution

of the FSS contract of participation.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 19, 1994

REASON WAIVED: Waivers were granted for two families because it

was determined that the move outside the jurisdiction of the public

housing agency would help each family to achieve its FSS program

goals.

61. REGULATION: 24 CFR 982.201

PROJECT/ACTIVITY: Waiver of Very Low-Income Requirement for

Section 8 Certificate assistance for 48 families residing in the

Mariner's Village complex in Portsmouth, New Hampshire.

NATURE OF REQUIREMENT: The regulation provides that eligible

applicants for admission to the tenant-based Section 8 programs must

either be very low-income families or fall within certain specified

categories of low-income families.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 25, 1994

REASON WAIVED: Mariner's Village housing complex had been poorly

maintained and was on the verge of bankruptcy when the City of

Portsmouth became involved. The City is committed to assuring

revitalization of the complex and its continued availability as

affordable housing. The waiver was granted to protect in place

families by ensuring that they do not become rent burdened or

economically displaced as a result of the rent increases anticipated

after rehabilitation of the complex.

62. REGULATION: 24 CFR 984.306(b)

PROJECT/ACTIVITY: Island County, Washington, Housing Authority,

Initial Occupancy Requirement for the Section 8 Family Self-

Sufficiency (FSS) Program

NATURE OF REQUIREMENT: The regulation prohibits a Section 8

portability move by an FSS family within the first year of execution

of the FSS contract of participation.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 19, 1994

REASON WAIVED: The waiver allowed the Section 8 FSS program

participant to move closer to her job which increased her chances of

becoming financially self-sufficient and fully successful under the

FSS program.

Note to Reader: The person to be contacted for additional

information about the waiver-grant items in this listing is: John

Comerford, Director, Financial Management Division, Office of Public

and Indian Housing, Department of Housing and Urban Development, 451

Seventh Street SW., Washington, D.C. 20410, Phone: (202) 708-1872

(This is not a toll-free number).

63. REGULATION: 24 CFR 990.109(b)(3)(iv)

PROJECT/ACTIVITY: Housing Authority of the City of Little Rock

AR. In determining operating subsidy eligibility, a request was made

to use an occupancy percentage of 67% for its fiscal years ending in

1994 and 1995.

NATURE OF REQUIREMENT: The regulation defines the term of a

Comprehensive Occupancy Plan (COP) and requires (that a PHA that

completes its COP without achieving a 97% occupancy percentage use a

projected occupancy percentage of 97%.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 4, 1994

REASON WAIVED: The housing authority stated that there were

circumstances beyond its control that were responsible for its high

vacancy levels, including gang activity, high crime, and vandalism

throughout the developments. The housing authority had submitted an

application for the Vacancy Reduction Program. They have taken

positive actions to develop a plan that addresses the vacancy

problems and have sought funding to carry out that plan. In order to

be supportive of the efforts and progress made to date, permission

was granted to the actual occupancy percentage for the fiscal year

ending in 1994, with the requirement that at least 60% of the

resulting increase in operating subsidy is to be used for specific,

identifiable actions to increase occupancy. The Housing Authority is

responsible for developing a vacancy reduction strategy which will

be approved by HUD. The request for a waiver for the fiscal year

ending in 1995 was not approved. Under the provisions of the PFS

regulation, the authority will be able to adjust its occupancy

percentage for that year by the number of vacant units that are in a

funded on-schedule modernization (vacancy reduction) program.

64. REGULATION: 24 CFR 990.109(b)(3)(iv)

PROJECT/ACTIVITY: Youngstown OH Metropolitan Housing Authority.

NATURE OF REQUIREMENT: The regulation requires a Low Occupancy

PHA without an approved Comprehensive Occupancy Plan (COP) to use a

projected occupancy percentage of 97 percent.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 4, 1994

REASON WAIVED: The PHA didn't submit a Comprehensive Occupancy

Plan when first eligible but has been addressing its vacancy

problems thought its Improvement Plan. It was able to exceed the

goal established for its fiscal year ending 6/30/94, and is expected

to do so again for its fiscal year ending 6/30/95. Both an

Improvement Plan and a COP provide a format in which strategies and

actions, as well as desired results, can be identified and measured.

Both Plans also require the involvement of the Local HUD Office

through monitoring and oversight. Because of these similarities, and

in order to provide the same incentives to continue to achieve or

exceed the occupancy goals of its Improvement Plan, the PHA was

permitted to use 87% as the occupancy percentage for its fiscal year

ending 6/30/94 and 88% for its fiscal year ending 6/30/95.

65. REGULATION: 24 CFR 990.109(b)(3)(iv)

PROJECT/ACTIVITY: Blue Earth City, MN HRA. A request was made by

the Blue Earth City, MN Housing and Redevelopment Authority to use

its actual occupancy rate of 78% in determining its operating

subsidy eligibility for its fiscal year ending 6/30/95.

NATURE OF REQUIREMENT: A Housing Authority that has completed a

Comprehensive Occupancy Plan (COP) without achieving a 97% occupancy

percentage or having an average of five or fewer vacant units must

use a projected occupancy rate of 97%.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: November 17, 1994

REASON WAIVED: The Blue Earth City Housing and Redevelopment

Authority is a small Authority with 59 units of elderly housing. It

has been experiencing a vacancy problem for the past several years

attributable to small unit size, lack of upgrades, and competition

from other subsidized projects. The housing authority has developed

an Implementation Plan with a 5-year timetable in which it will seek

funding for needed renovations and will undertake other vacancy

reduction strategies such as increasing advertising and improving

maintenance practices.

66. REGULATION: 24 CFR 990.109(b)(3)(iv)

PROJECT/ACTIVITY: Housing Authority of Kansas City, MO. In

determining operating subsidy eligibility, a request was made to use

an occupancy percentage of 60% for its fiscal year ending in 1994

and to use 59% for 1995.

NATURE OF REQUIREMENT: The regulations defines the term of a

Comprehensive Occupancy Plan (COP) and requires that a PHA that

completes its COP without achieving a 97% occupancy percentage use a

projected occupancy percentage of 97%.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: December 23, 1994

REASON WAIVED: The housing authority has been placed into

receivership and it has taken over a year for the Special Master to

appoint a person to take effective control and be responsible and

accountable for the operation. They have subsequently taken steps to

develop vacancy reduction strategies which they will be implementing

with oversight from both the Court and the Area Office. In order to

be supportive of the efforts and progress made to date, permission

was granted to use an occupancy percentage of 60% for the fiscal

year ending in 1994 and 59% for the year ending in 1995 with the

requirement that at least 60% of the resulting increase in operating

subsidy is to be used for specific, identifiable actions to increase

occupancy. The Housing Authority is responsible for developing a

vacancy reduction strategy which will be approved by

[[Page 28473]] HUD. In the fall of 1995, the local HUD office will

conduct an on-site review to check and compare actual

accomplishments to date against expected occupancy goals. A decision

on the occupancy percentage for the fiscal year ending in 1996 will

be based on the results of that review.

67. REGULATION: 24 CFR 990.110(d)

PROJECT/ACTIVITY: Seattle, WA Housing Authority. In determining

the operating subsidy eligibility, a request was made to extend the

deadline for submission of a request for adjustment to rental

income.

NATURE OF REQUIREMENT: The PFS regulation imposes a 12-month

deadline on submission of requests for rental income adjustments.

GRANTED BY: Joseph Shuldiner, Assistant Secretary for Public and

Indian Housing

DATE GRANTED: October 19, 1994

REASON WAIVED: The previous administration of the Housing Agency

was not aware of their right to request this adjustment. This waiver

was granted based on the Housing Agency's eligibility for an

adjustment.

[FR Doc. 95-13191 Filed 5-30-95; 8:45 am]

BILLING CODE 4210-32-P