Notice of Regulatory Waiver Requests Granted

SUMMARY: Under the Department of Housing and Urban Development Reform

Act of 1989 (Reform Act), HUD is required to make public all approval

actions taken on waivers of regulations. This notice is the twenty-

sixth in a series, being published on a quarterly basis, providing

notification of waivers granted during the preceding reporting period.

The purpose of this notice is to comply with the requirements of

Section 106 of the Reform Act.

FOR FURTHER INFORMATION CONTACT: For general information about this

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

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

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

(this is not a toll-free number). Hearing or speech-impaired persons

may access this number via TTY by calling the toll-free Federal

Information Relay Service at 1-800-877-8391.

For information concerning a particular waiver action for which

public notice is provided in this document, contact the person whose

name and address is set out for the particular item, in the

accompanying list of waiver-grant actions.

SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development

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

to limit and control the granting of regulatory waivers by HUD. 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 HUD has approved, by publishing a

notice in the Federal Register. These notices (each covering the period

since the most recent previous notification) shall:

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

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

of the provision;

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

request;

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

e. State how additional information about a particular waiver grant

action may be obtained.

Section 106 also contains requirements applicable to waivers of HUD

handbook provisions that are not relevant to the purpose 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 twenty-sixth notice of its kind to be

published under Section 106. This notice updates HUD's waiver-grant

activity from April 1, 1997 through June 30, 1997. It also contains a

waiver for 24 CFR 882.605(c), granted on January 16, 1997, and two

waivers for 24 CFR 901.120(a) and (b), granted on February 28, 1997 and

March 31, 1997, respectively.

For ease of reference, waiver requests granted by departmental

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

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

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

under 24 CFR 58.73 (involving the waiver of a provision in 24 CFR part

58) would come early in the sequence, while waivers of 24 CFR part 990

would be among the last matters listed. Where more than one regulatory

provision is involved in the grant of a particular waiver request, the

action is listed under the section number of the first regulatory

requirement in title 24 that is being waived as part of the waiver-

grant action. (For example, a waiver of both Sec. 58.73 and Sec. 58.74

would appear sequentially in the listing under Sec. 58.73.) Waiver-

grant actions involving the same initial regulatory citation are in

time sequence beginning with the earliest-dated waiver grant action.

Should HUD receive additional reports of waiver actions taken

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

published, the next updated report will include these earlier actions,

as well as those that occur between July 1, 1997 through September 30,

1997.

Accordingly, information about approved waiver requests pertaining

to HUD regulations is provided in the Appendix that follows this

notice.

Dated: February 3, 1998.

Andrew Cuomo,

Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by

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

1997 Through June 30, 1997

Note to Reader: More information about the granting of these

waivers, including a copy of the waiver request and approval, may be

obtained by contacting the person whose name is listed as the

contact person directly before each set of waivers granted.

For Item 1, Waiver Granted for Section 281(g) of the National

Affordable Housing Act, Contact: Debbie Ann Wills, Field Management

Officer, U.S. Department of Housing and Urban Development, Office of

Community Planning and Development, 451 7th Street, S.W.,

Washington, D.C. 20410-7000, Telephone: (202) 708-2565, Fax: (202)

401-9681. Hearing or speech-impaired persons may access this number

via TTY by calling the Federal Information Relay Service at 1-800-

877-8391.

1. Regulation: Section 281(g) of the National Affordable Housing

Act.

Project/Activity: The City of Homestead, Florida, requested a

waiver of the HOME funds obligations deadline to finish two disaster

projects.

Nature of Requirement: Section 281(g) of the National Affordable

Housing Act, requires that HOME funds be committed, with legally

binding written agreements, to affordable housing projects within 24

months of funds award.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: June 19, 1997.

Reasons Waived: Deobligation of the City's remaining unspent

disaster HOME funds would create a hardship to residents by removing

housing opportunities. The waiver will permit the City to retain,

for an additional 90 days, uncommitted funds for the purpose of

obligating funds to two projects.

For Item 2, Waiver Granted for Part 5, Contact: Gloria J.

Cousar, Deputy Assistant Secretary for Public Housing Real Estate

Performance, Funding, and Customer Service, Office of Public and

Indian Housing, Department of Housing and Urban Development, 451

Seventh Street, S.W., Washington, DC 20410, Telephone (202) 708-

1380. (This is not a toll-free number.) Hearing or speech-impaired

persons may access this number via TTY by calling the Federal

Information Relay Service at 1-800-877-8391.

2. Regulation: 24 CFR 5.613(a).

Project/Activity: City of Scottsdale Housing Authority, Arizona;

Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides that the Total

Tenant Payment for

[[Page 7531]]

families whose initial lease is effective on or after August 1,

1982, shall be the highest of: (1) 30 percent of Monthly Adjusted

Income; (2) 10 percent of Monthly Income; or (3) the Welfare Rent.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 27, 1997.

Reasons Waived: The assisted family was forced to move when

their unit failed Housing Quality Standards inspection, and the

landlord would not make required repairs. Approval of the waiver

permitted the single parent family to lease a unit in the same

neighborhood, permitting the child to remain in the same school.

For Items 3 Through 8, Waivers Granted for 24 CFR Parts 58, 91,

92, 570, 576, and 582, Contact: Debbie Ann Wills, Field Management

Officer, U.S. Department of Housing and Urban Development, Office of

Community Planning and Development, 451 7th Street, S.W.,

Washington, D.C. 20410-7000, Telephone: (202) 708-2565, Fax: (202)

401-9681. Hearing or speech-impaired persons may access this number

via TTY by calling the Federal Information Relay Service at 1-800-

877-8391.

3. Regulation: 24 CFR 58.73; 24 CFR 91.115; 24 CFR 92.207; 24

CFR 92.209; 24 CFR 92.214(a)(7); 24 CFR 92.222(b); 24 CFR 92.250; 24

CFR 92.251; 24 CFR 92.300(a)(1); 24 CFR 92.303; 24 CFR 92.352;

Section 414 of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act.

Project/Activity: The State of Minnesota, requested a waiver of

the HOME Program and Consolidated Plan requirements to facilitate

its efforts on behalf of victims of the recent flooding in the Red

River Valley.

Nature of Requirement: Pursuant to 24 CFR 5.110, which grants

the authority to suspend certain statutory requirements of Section

290 of the Cranston-Gonzalez National Affordable Housing Act, the

following HOME regulations were waived:

24 CFR 58.73, environmental requirements;

24 CFR 91.115, citizen participation plan;

24 CFR 92.207, eligible administrative and planning costs;

24 CFR 92.209, tenant-based rental assistance;

24 CFR 92.214(a)(7), prohibited activities;

24 CFR 92.222(b), match reduction;

24 CFR 92.250, maximum per-unit subsidy limit;

24 CFR 92.251, property standards;

24 CFR 92.300(a)(1), Community Housing Development Organizations

(CHDOs);

24 CFR 92.303, CHDO tenant participation plan;

24 CFR 92.352, environmental requirements; and

Section 414 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: May 28, 1997.

Reasons Waived: Because of the severity of flooding, the

Assistant Secretary determined that there was good cause to grant

the waivers and suspend certain statutory requirements, pursuant to

Section 290 of the Cranston-Gonzalez National Affordable Housing

Act.

4. Regulation: 24 CFR 92.214(a)(7).

Project/Activity: The City of Chicago, Illinois, requested a

waiver, on behalf of Carlton Apartments, to reimburse the Lakefront

SRO Development Corporation for out-of-pocket costs for the

installation of fire safety enhancements.

Nature of Requirement: 24 CFR 92.214(a)(7), of the HOME Program

regulations, states that HOME funds may not be used to provide

additional assistance to a project previously assisted with HOME

funds, during the period of affordability or after the project has

been completed for more than a year.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: June 9, 1997.

Reasons Waived: A waiver of 24 CFR 92.214(a)(7) was granted for

good cause to reimburse the Lakefront SRO Development Corporation

for the installation of fire safety enhancements.

5. Regulation: 24 CFR 570.201(e)(1).

Project/Activity: Delaware County, PA, requested a waiver of the

method used for calculation of the public service cap.

Nature of Requirement: 24 CFR 570.201(e)(1), states that the

amount of program income to be used in calculating the 15 percent

public service cap, is the amount of program income received in the

preceding program year.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: April 3, 1997.

Reasons Waived: The County requested a waiver because it

received a substantial amount of program income, from a property

sale, in its current program year as opposed to the proceeding year

which is the year used in the public service cap calculation. The

waiver will allow the County to use funds, available under the

increased public service cap, for activities to provide services to

the homeless at an emergency shelter, and to purchase equipment to

provide training services for handicapped persons.

6. Regulation: 24 CFR 576.21.

Project/Activity: The State of Wisconsin, requested a waiver of

the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.

Nature of Requirement; HUD's regulations at 24 CFR 576.21 state

that recipients of ESG funds are subject to the limits on the use of

assistance for essential services established in section

414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as

services that provide health, employment, drug abuse, and education

to homeless persons.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: April 15, 1997.

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 provided a letter 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.

7. Regulation: 24 CFR 576.21.

Project/Activity: Hennepin County, Minnesota, requested a waiver

of the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.

Nature of Requirement; HUD's regulations at 24 CFR 576.21 state

that recipients of ESG funds are subject to the limits on the use of

assistance for essential services established in section

414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as

services that provide health, employment, drug abuse, and education

to homeless persons.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: May 19, 1997.

Reasons Waived: Under the Stewart B. McKinney Homeless

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

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

``demonstrates that the other eligible activities under the program

are already being carried out in the locality with other

resources''. The County provided a letter 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.

8. Regulation: 24 CFR 576.21.

Project/Activity: The State of Minnesota, requested a waiver of

the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.

Nature of Requirement: HUD's regulations at 24 CFR 576.21 state

that recipients of ESG funds are subject to the limits on the use of

assistance for essential services established in section

414(a)(2)(B) of the Stewart B. McKinney Homeless Assistance Act (42

U.S.C. 11374(a)(2)(B)). Essential services are commonly defined as

services that provide health, employment, drug abuse, and education

to homeless persons.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: May 23, 1997.

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 provided a letter 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.

9. Regulation: 24 CFR 582.305(a).

Project/Activity: The Los Angeles County Housing Authority,

requested a waiver for one of its homeless projects to allow two

persons to reside in a Single Room Occupancy (SRO) type unit.

[[Page 7532]]

Nature of Requirements: 24 CFR 582.305(a) states that assistance

will not be provided for units that fail to meet Housing Quality

Standards (HQS) unless the owner corrects any deficiencies within 30

days from the date of the lease agreement, and the recipient

verifies that all deficiencies have been corrected. This section of

the regulations also cross references the HQS standards at 24 CFR

882.109(p)(2), which states that each SRO unit should not be

occupied by more than one person.

Granted by: Jacquie Lawing, Acting Assistant Secretary for

Community Planning and Development.

Date Granted: June 30, 1997.

Reasons Waived: The waiver was granted because the Secretary

agreed with the housing authority's position that allowing two

persons to share a room was a crucial part of the program to help

chronic abusers build relationships and reconnect with society,

which ultimately furthered purposes of the Act.

For Items 10 and 11, Waivers Granted for 24 CFR Parts 811 and

883, Contact: James B. Mitchell, Acting Director, Special Projects

Division, Office of Asset Management and Disposition, U.S.

Department of Housing and Urban Development, 451 7th Street, S.W.,

Washington, D.C. 20410-7000, Telephone: (202) 708-1220. Hearing or

speech-impaired persons may access this number via TTY by calling

the Federal Information Relay Service at 1-800-877-8391.

10. Regulation: 24 CFR 811.108(a)(2).

Project/Activity: Defeasance and redemption of bonds, which

financed a Section 8 assisted project in Campbell County, Wyoming,

Parkside Apartments, FHA No. 109-35039.

Nature of Requirement: The regulation provides that upon full

redemption of bond principal and interest, any remaining balance in

the debt service reserve shall be remitted to HUD.

Granted by: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner.

Date Granted: June 27, 1997.

Reasons Waived: Banc One Capital Corporation wishes to purchase

the mortgage note from the bond trustee for a price which, when

added to Series 1979 Bond reserves of $342,838, will permit full

discharge of outstanding bond principal. The Board of Campbell

County Commissioners, has requested use of $79,600, of such

reserves, to complete construction of the County Homeless Shelter.

HUD consents to this request.

11. Regulation: 24 CFR 883.606(b).

Project/Activity: Refunding of bonds, which financed Section 8

FAF-assisted projects, for which Housing Assistance Payments

Contracts are administered by the Oregon Housing and Community

Services Department, which issued bonds to provide mortgage loans

for the projects.

Nature of Requirement: The Regulation provides that a State

Housing Finance Agency (the ``HFA'') may not collect a contract

administration fee and loan override for the same Section 8 project.

Granted by: Nicolas P. Retsinas, Assistant Secretary for

Housing-Federal Housing Commissioner.

Date Granted: June 18, 1997.

Reasons Waived: HUD's criteria, for review and approval of FAF

bond refundings, stated that a reduction in financing costs achieved

by the refunding would not trigger a reduction of the dollar amount

of HAP contract administration fees. HUD's case-by-case approvals of

refunding proposals, in 1990 through 1993, allowed HFAs to take

arbitrage spreads (override of up to l.5 percent above the bond

yield), as certified by bond counsel to be permissible under the

Internal Revenue Code, without requiring the HFAs to reduce the

contract administration fee. The Oregon HFA received HUD approval of

refunding proposals which included both overrides and contract

administration fees. HUD omitted to waive 24 CFR 883.606(b) for

these refundings, which closed in September, 1991, and June, 1992,

and hereby corrects that oversight by issuing this waiver.

For Item 12, Waiver Granted for Part 882, Contact: Office of the

Deputy Assistant Secretary for Public and Assisted Housing

Operations, Department of Housing and Urban Development, 451 Seventh

Street, SW, Room 4226, Washington, DC 20410, Telephone, (202) 708-

1842. (This is not a toll-free number.) Hearing or speech-impaired

persons may access this number via TTY by calling the Federal

Information Relay Service at 1-800-877-8391.

12. Regulation: 24 CFR 882.605(c).

Project/Activity: Central Oregon Regional Housing Authority;

Section 8 Rental Certificate Program.

Nature of Requirement: The regulation caps the amount of rent

that can be paid for a manufactured home pad space at 110 percent of

the applicable Fair Market Rent.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: January 16, 1997.

Reasons Waived: The waiver which authorized approval of a higher

contract rent protected the elderly certificate holder from the

threat of displacement and possible homelessness.

For Items 13 Through 21, Waivers Granted for 24 CFR Part 901,

Contact: William C. Thorson, Director, Administration and

Maintenance Division, Office of Public and Assisted Housing

Operations, Office of Public and Indian Housing, Department of

Housing and Urban Development, 451 Seventh Street, S.W., Room 4214,

Washington, DC 20410, (202) 708-4703. Hearing or speech-impaired

persons may access this number via TTY by calling the Federal

Information Relay Service at 1-800-877-8391.

13. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Atlanta Housing Authority (AHA)--Public

Housing Management Assessment Program (PHMAP).

Nature of Requirement: The regulation requires Field Offices to

assess and notify each PHA of its PHMAP score within 180 days of its

fiscal year end (FYE).

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: February 28, 1997.

Reasons Waived: There were concerns raised because of special

circumstances affecting AHA's performance due to the Olympic Legacy

Program. The waiver provided an extension until March 31, 1997.

14. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Oklahoma State Office--Public Housing

Management Assessment Program (PHMAP).

Nature of Requirement: The regulation requires Field Offices to

assess and notify each PHA of its PHMAP score within 180 days after

the beginning of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant for Public

and Indian Housing.

Date Granted: April 28, 1997.

Reasons Waived: Additional time was needed because the Oklahoma

State Office is in the process of transferring its financial files

to its partnership office in Denver, for data entry into the PHMAP

module in SMIRPH. The waiver provided an additional 30 days.

15. Regulation: 24 CFR 901.100(b).

Project Activity: Public Housing Management Assessment Program

(PHMAP) for Public Housing Agencies (PHAs) with Fiscal Year End

(FYE) March 31, 1997.

Nature of Requirement: The regulations require public housing

agencies to submit their PHMAP certifications within 60 days after

the end of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 1, 1997.

Reasons Waived: Due to delays in the printing and mailing of

these two essential and informative documents, most PHAs did not

receive the revised PHMAP Certification Form (form HUD-50072) and

the Guidebook on time. The memorandum provides an extension of 30

calendar days for PHAs with FYE March 31, 1997, to submit their form

HUD-50072 to local State/Area Office of Public Housing.

16. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Biloxi Housing Authority (BHA)--Public Housing

Management Assessment Program (PHMAP).

Nature of Requirement: The regulation requires Field Offices to

assess and notify each PHA of its PHMAP score within 180 days after

the beginning of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: March 31, 1997.

Reasons Waived: Due to the time necessary to complete the review

reports for confirmatory reviews, a time extension was granted until

April 30, 1997.

17. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Housing Authority of New Orleans (HANO)--

Public Housing Management Assessment Program (PHMAP).

Nature of Requirement: The regulation requires Field Offices to

assess and notify each PHA of its PHMAP score within 180 days after

the beginning of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 2, 1997.

[[Page 7533]]

Reasons Waived: Due to the scheduling, the Headquarters

Confirmatory Review (HCR) report waiver was granted to provide an

extension of the deadline until June 30, 1997, for completing the

PHMAP assessment, and notifying HANO of its PHMAP score for the FYE

September 30, 1996.

18. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Yazoo City Housing Authority (YCHA) and

Richton Housing Authority (RHA)--Public Housing Management

Assessment Program (PHMAP).

Nature of Requirement: The regulation requires Field Offices to

assess and notify each PHA of its PHMAP score within 180 days after

the beginning of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 4, 1997.

Reasons Waived: Extra time was necessary to complete the

confirmatory reviews and subsequent reports. The waiver provided an

extension until August 30, 1997.

19. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Gonzales Housing Authority (GHA) and Waelder

Housing Authority (WHA)--Public Housing Management Assessment

Program (PHMAP).

Nature of Requirement: The regulation requires Field Offices to

assess and notify each PHA of its PHMAP score within 180 days after

the beginning of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 26, 1997.

Reasons Waived: The waiver of 24 CFR 901.120(a) and (b) was

concurrently granted to the San Antonio Office, to provide for time

extension needed for HUD processing delayed by the above waiver to

GHA and WHA. The regulation requires Field Offices to assess and

notify each PHA of its PHMAP score within 180 days after the

beginning of a PHA's fiscal year. The waiver of 24 CFR 901.120(a)

and (b) provided an additional 30 days for GHA and WHA to submit

their PHMAP certifications.

20. Regulation: 24 CFR 901.120(a) and (b).

Project Activity: Gonzales Housing Authority (GHA) and Waelder

Housing Authority (WHA)--Public Housing Management Assessment

Program (PHMAP).

Nature of Requirement: The regulations require public housing

agencies to submit their PHMAP certifications within 60 days after

the end of a PHA's fiscal year.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 26, 1997.

Reasons Waived: Because of the unusual circumstance of the

Executive Director being unable to carry out her duties at both

authorities, due to illness, the waiver provided an additional 30

days for GHA and WHA to submit their PHMAP certifications.

Comments: A waiver of 24 CFR 901.120(a) and (b) was concurrently

granted to the San Antonio Office, to provide for the time extension

needed for HUD processing that was delayed by the above waiver, to

GHA and WHA. The regulation requires Field Offices to assess, and

notify each PHA of its PHMAP score within 180 days after the

beginning of a PHA's fiscal year.

21. Regulation: 24 CFR 901.130(e).

Project Activity: Biloxi Housing Authority--Public Housing

Management Assessment Program (PHMAP).

Nature of Requirement: The regulations require the PHA to appeal

by the 15th calendar day after the date the Field Office mailed the

notification letter.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 15, 1997.

Reasons Waived: Due to the results of the confirmatory review

being provided to the BHA at a closeout meeting, a 7 day extension

was granted.

22. Regulation: 24 CFR 901.130(f).

Project Activity: Housing Authority of New Haven (HANH)--Public

Housing Management Assessment Program (PHMAP).

Nature of Requirement: The regulations require the Department to

respond to the PHA's appeal within 30 days. An additional 30 day

extension was granted. (See the June 2 Waiver).

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: April 1, 1997 and June 2, 1997.

Reasons Waived: Due to the scheduling of the Headquarters

Confirmatory Review (HCR) report, a waiver was granted to provide an

extension of the deadline, until June 30, 1997, for completing the

PHMAP assessment and notifying HANH of its PHMAP score for the FYE

September 30, 1996.

For Items 23 Through 35, Waivers Granted for Parts 5, 913, and

982, Contact: Gloria J. Cousar, Deputy Assistant Secretary for

Public Housing Real Estate Performance, Funding, and Customer

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

and Urban Development, 451 Seventh Street, S.W., Washington, DC

20410, Telephone (202) 708-1380. (This is not a toll-free number).

Hearing or speech-impaired persons may access this number via TTY by

calling the Federal Information Relay Service at 1-800-877-8391.

23. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made by the Deshler Housing

Authority (DHA), of Deshler, NE, to permit the establishment of

ceiling rents for its entire low-rent inventory.

Nature of Requirement: The total tenant payment charged by a

public housing agency (PHA) is usually 30 percent of Monthly

Adjusted Income, except that a PHA can request and HUD can authorize

a system of maximum rents or ceiling rents for a project or a class

of units. Ceiling rents, defined in statute to reflect fair market

value of the units, were authorized in the Housing and Community

Development Act of 1987 and implemented in a series of Notices, but

have never been codified in regulations. Therefore, a PHA's use of

ceiling rents requires waiver of the cited regulations, in which

tenant rent is defined as a function of tenant income.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for the Office of Public and Indian Housing.

Date Granted: April 24, 1997.

Reasons Waived: The establishment of ceiling rents will permit

the Deshler Housing Authority to serve greater numbers of low-income

wage-earning applicants, and will help reduce the current vacancy

rate.

24. Regulation: 24 CFR 982.303(b).

Project/Activity: Newton Housing Authority, Massachusetts;

Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: April 4, 1997.

Reasons Waived: The waiver which provides extra search time was

approved to prevent hardship to a large family with five disabled

members.

25. Regulation: 24 CFR 982.303(b).

Project/Activity: Boston Housing Authority, Massachusetts;

Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: April 7, 1997.

Reasons Waived: The waiver was granted to provide extra search

time to a wheelchair bound certificate holder who had to move

because the lift, which had made his unit accessible, could not be

satisfactorily repaired.

26. Regulation: 24 CFR 982.303(b).

Project/Activity: Department of Housing and Community

Development, Massachusetts; Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: April 14, 1997.

Reasons Waived: Approval of the waiver will help protect the

large, intact family from becoming homeless. The additional time

provided by this waiver will contribute to the stability of the

family by giving them the opportunity to remain in the same

community.

27. Regulation: 24 CFR 982.303(b).

Project/Activity: Klamath Housing Authority, Oregon; Section 8

Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: April 22, 1997.

Reasons Waived: The waiver, which provides additional search

time, was granted to give this single parent family the opportunity

to establish a stable living

[[Page 7534]]

environment, and allow the family to obtain training and services to

break a cycle of domestic violence and homelessness.

28. Regulation: 24 CFR 982.303(b).

Project/Activity: Boston Housing Authority, Massachusetts;

Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: April 28, 1997.

Reasons Waived: The certificate holder was unable to seek

housing during nearly half of the term of her certificate because of

an injury. Without the waiver, which grants the family additional

search time, it is likely that the family, a single mother and three

children, including an infant, would become homeless.

29. Regulation: 24 CFR 982.303(b).

Project/Activity: Housing Authority of Santa Clara County,

California; Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 5, 1997.

Reasons Waived: Approval of the waiver, which provides

additional search time, will prevent hardship to a certificate

holder who suffers from cerebral palsy. His housing search has been

slowed by a number of serious obstacles, including lack of

transportation and the difficulty of finding an eligible unit that

meets his special requirements, in an extremely tight housing

market.

30. Regulation: 24 CFR 982.303(b).

Project/Activity: Housing Authority of Santa Clara County,

California; Section 8 Certificate Program.

Nature of Requirement: The regulation provides for a maximum

term of 120 days during which a certificate holder may seek housing

to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 27, 1997.

Reasons Waived: The waiver provides additional housing search

time to a disabled certificate holder, whose ability to seek housing

in an extremely tight housing market was severely restricted by her

illness and by lack of adequate transportation.

31. Regulation: 24 CFR 982.303(b).

Project/Activity: Benicia Housing Authority, California; Section

8 Rental Voucher Program.

Nature of Requirement: The requirement provides for a maximum

rental voucher term of 120 days during which a voucher holder may

seek housing to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 30, 1997.

Reasons Waived: The waiver provides extra search time for a

disabled voucher holder whose medical condition has made it

extremely difficult to find a suitable unit.

32. Regulation: 24 CFR 982.303(b).

Project/Activity: Housing Authority of the County of Santa

Clara, California; Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

certificate term of 120 days during which a certificate holder may

seek housing to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 30, 1997.

Reasons Waived: The waiver provides extra search time for a

disabled certificate holder who was hospitalized during the time her

certificate was in effect.

33. Regulation: 24 CFR 982.303(b).

Project/Activity: Vermont State Housing Authority; Section 8

Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

certificate term of 120 days during which a certificate holder may

seek housing to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 18, 1997.

Reasons Waived: Approval of the waiver allowed extra search time

for a certificate holder with multiple disabilities, whose housing

search was hampered by illness and severe winter weather during the

time his certificate was in effect.

34. Regulation: 24 CFR 982.303(b).

Project/Activity: Montgomery County Housing Authority,

Pennsylvania; Section 8 Rental Certificate Program.

Nature of Requirement: The regulation provides for a maximum

certificate term of 120 days during which a certificate holder may

seek housing to be leased under the program.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 19, 1997.

Reasons Waived: Approval of the waiver allows extra search time

for a severely disabled certificate holder, who suffers from

Multiple Sclerosis and complex environmental allergies. Her

disabilities have made it difficult to seek housing and also greatly

reduce the number of units suitable for her occupancy.

35. Regulation: 24 CFR 982.605(c).

Project/Activity: Central Oregon Regional Housing Authority;

Section 8 Rental Certificate Program.

Nature of Requirement: The regulation caps the amount of the

rent that can be paid for a manufactured home pad space at 110

percent of the applicable Fair Market Rent.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 8, 1997.

Reasons Waived: The waiver which permits approval of a higher

contract rent for the rental of the manufactured home pad will

prevent displacement of a disabled couple from their manufactured

home.

For Items 36 Through 38, Waivers Granted for Part 990, Contact:

Joan DeWitt, Director, Finance and Budget Division, Office of Public

and Assisted Housing Operations, Office of Public and Indian

Housing, Department of Housing and Urban Development, 451 Seventh

Street, S.W., Room 4210, Washington, D.C. 20410. Telephone (202)

708-1872. Hearing or speech-impaired persons may access this number

via TTY by calling the Federal Information Relay Service at 1-800-

877-8391.

36. Regulation: 24 CFR 990.107(b)(1) and 990.110(c)(2)(ii).

Project/Activity: Cambridge, MA Housing Authority. A request was

made for a waiver of the PFS with regard to the execution of an

energy performance contract.

Nature of Requirement: The regulation requires that current

utility rates be used in the calculation of savings under an energy

performance contract.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 6, 1997.

Reasons Waived: The PFS provides incentives for housing agencies

to leverage private financing for the installation of energy

conservation measures under the energy performance contracting

program. The waiver will assist the CHA to enter into an energy

performance contract, by allowing the use of a ``floor rate'', in

the event that there are not sufficient funds to pay the debt

service on the private financing because of a drop in rates, even if

the contractor achieves the savings specified in the contract.

37. Regulation: 24 CFR 990.107(b)(1), 990.107(c), and

990.107(c)(2)(ii).

Project/Activity: Burlington, VT, Housing Authority (BHA). A

request was made for two waivers of the PFS with regard to the

execution of an energy performance contract between the BHA and the

Vermont Energy Investment Corp.

Nature of Requirement: The regulation requires that current

utility rates be used in calculation of savings under an energy

performance contract. The regulation also requires that the

Allowable Utilities Consumption Level be based on actual consumption

during the rolling base period.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: May 13, 1997.

Reasons Waived: The PFS provides incentives for housing agencies

to leverage private financing for the installation of energy

conversation measures, under the energy performance contracting

program. The first waiver will assist the BHA to enter into an

energy performance contract by allowing the use of a ``floor rate''

in the event that there are not sufficient funds to pay the debt

service on the private financing because of a drop in rates, even if

the contractor achieves the savings specified in the contract.

The BHA was also granted a waiver to permit an adjustment to its

Allowable Utilities Consumption Level (AUCL) for purposes of the

energy performance contract

[[Page 7535]]

to take into account increased lighting necessary to bring the

building involved in the contract into compliance with current

national codes and standards.

38. Regulation: 24 CFR 990.109.

Project Activity: Chicago Housing Authority (CHA)--Public

Housing Management Assessment Program (PHMAP).

Nature of Requirement: PFS regulations regarding the computation

of dwelling rental income.

Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: June 19, 1997.

Reasons Waived: CHA needed relief to enter into an energy

performance contract.

[FR Doc. 98-3682 Filed 2-12-98; 8:45 am]

BILLING CODE 4210-32-P