28462 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Secretary

[FR–3864–N–01]

Notice of Regulatory Waiver Requests

Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of

Regulatory Waivers. Request: October 1,

1994 through December 31, 1994.

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 waivergrant 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 waivergrant 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

§ 811.105(b) and § 811.107(a) would

appear sequentially in the listing under

§ 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
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 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 lowincome 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 lowincome 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 101⁄4% 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 lowincome 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.
28464 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

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 lowincome 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 lowincome 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 lowincome 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 lowincome 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
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 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 nonprofit 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.
28466 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

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 preagreement 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 waivergrant 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)
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 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 selfsufficiency. 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 miniplanning 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)
28468 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

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)
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 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 selfsufficiency 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-bycase 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 lowincome 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
28470 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

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. Nonelderly 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
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 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 higherpaying 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.
28472 Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices

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 SelfSufficiency (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 LowIncome 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 selfsufficient and fully successful under the FSS

program.

Note to Reader: The person to be contacted

for additional information about the waivergrant 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
Federal Register / Vol. 60, No. 104 / Wednesday, May 31, 1995 / Notices 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