[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Notices]
[Pages 10598-10606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4742]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Secretary
[Docket No. N-95-3892; 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: 
July 1, 1994 through September 30, 1994.

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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 fifteenth 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; [[Page 10599]] 
    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 twelfth Notice of its kind to be published 
under Section 106. It updates HUD's waiver-grant activity from July 1, 
1994 through September 30, 1994. In approximately three months, the 
Department will publish a similar Notice, providing information about 
waiver-grant activity for the period from October 1, 1994 through 
December 31, 1994.
    For ease of reference, waiver requests grant by departmental 
officials authorized to grant waivers are listed in a sequence keyed to 
the section number of the HUD regulation involved in the waiver action. 
For example, a waiver-grant action involving exercise of authority 
under 24 CFR 24.200 (involving the waiver of a provision in part 24) 
would come early in the sequence, while waivers in the Section 8 and 
Section 202 programs (24 CFR Chapter VIII) would be among the last 
matters listed. Where more than one regulatory provision is involved in 
the grant of a particular waiver request, the action is listed under 
the section number of the first regulatory requirement in Title 24 that 
is being waived as part of the waiver-grant action. (For example, a 
waiver of both Sec. 811.105(b) and Sec. 811.107(a) would appear 
sequentially in the listing under Sec. 811.105(b).) Waiver-grant 
actions involving the same initial regulatory citation are in time 
sequence beginning with the earliest-dated waiver grant action.
    Should the Department receive additional reports of waiver actions 
taken during the period covered by this report before the next report 
is published, the next updated report will include these earlier 
actions, as well as those that occur between October 1, 1994 and 
December 31, 1994.
    Accordingly, information about approved waiver requests pertaining 
to regulations of the Department is provided in the Appendix that 
follows this Notice.

    Dated: February 14, 1995.
Henry G. Cisneros,
Secretary.
Appendix

    Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development, July 1, 
1994 through September 30, 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.

    Regulation: 24 CFR Sections 811.106(d) and 811.107(d) of 1977 
Regulations.
    Project/Activity: Gloucester County (New Jersey) HA refunding of 
bonds which financed an uninsured Section 8 assisted project, 
Colonial Park, HUD Project Number NJ16-0029-002.
    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: Nicholas P. Retsinas, Assistant Secretary for 
Housing--FHA Commissioner.
    Dated Granted: September 16, 1994.
    Reasons Waived: The Part 811 regulations cited above prohibited 
refunding and required that excess reserve balances be used for 
project purposes. The issuer has requested HUD permission to release 
excess reserve balances from the 1979 Trust Indenture to help pay 
transaction costs of a McKinney Act Section 8 bond refunding. 
Issuance of 1994 refunding bonds of $6,755,000 at a yield of 6.10% 
under Section 103 of the Tax Code will generate Section 8 savings.
    Regulation: 24 CFR Sections 811.106(d) and 811.107(d) of 1977 
Regulations.
    Project/Activity: Akron (Ohio) Metropolitan HA refunding of 
bonds which financed an uninsured Section 8 assisted project, 
Mayflower Manor, HUD Project Number OH12-0003-002.
    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: Nicholas P. Retsinas, Assistant Secretary for 
Housing--FHA Commissioner.
    Dated Granted: September 30, 1994.
    Reasons Waived: The Part 811 regulations cited above prohibited 
refunding and required that excess reserve balances be used for 
project purposes. The issuer has requested HUD permission to release 
excess reserve balances from the 1980 Trust Indenture to help pay 
transaction costs of a McKinney Act Section 8 bond refunding. 
Issuance of 1994 refunding bonds of $6,005,000 at a yield of 6.54% 
under Section 103 of the Tax Code will generate Section 8 savings.
    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: Washoe Housing Finance Corporation refunding 
of bonds which financed a Section 8 assisted project, the Golden II 
Apartments (FHA No. 125-135094).
    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.
    Dated Granted: July 21, 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 refundings 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 July 6, 1994. Refunding bonds have been priced to an 
average yield of 6.8%. The tax-exempt refunding bond issue of 
$2,355,000 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 9.75% at 
the call date with tax-exempt bonds yielding 6.8%. The refunding 
will also substantially reduce the FHA mortgage interest rate at 
expiration of the HAP contract, from 10% to 7.05%, 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.
    Regulation: 24 CFR Sections 811.114(d), 811.115(b), 811.117.
    Project/Activity: The Housing Finance Corporation of Irvington, 
New Jersey refunding of bonds which financed a Section 8 assisted 
project, Berkeley Terrace Apartments (FHA No. 031-35238).
    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.
    Dated Granted: August 18, 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 February 8, 1994. 
Refunding bonds have been priced to an average yield of 6.38%. The 
tax-exempt refunding bond issue of $4,570,000 at current low-
interest rates will save Section 8 subsidy. The Treasury also gains 
long-term tax [[Page 10600]] 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 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.
    Regulation: 24 CFR Sections 811.107(a)(2), 811.107(b), 
811.108(a)(1), 811.108(a)(2), 811.108(a)(3), 811.114(b)(3), 
811.114(d), 811.115(b).
    Project/Activity: Providence, Rhode Island HA refunding of bonds 
which financed a Section 8 assisted project, the Maplewood Terrace 
Apartments (FHA No. 016-35076).
    Nature of Requirement: The Regulations set conditions under 
which HUD may grant a Section 119(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.
    Dated Granted: August 23, 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. This refunding proposal was 
approved by HUD on June 17, 1994. Refunding bonds have been priced 
to an average yield of 6.9%. The tax-exempt refunding bond issue of 
$4,425,000 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 9.7%-10.75% 
at the call date with tax-exempt 6.9% bonds. The refunding will also 
substantially reduce the FHA mortgage interest rate at expiration of 
the HAP contract, from 10.6% to 7.75%, 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.
    Regulation: 24 CFR Sections 811.107(a)(2), 811.107(b), 
811.108(b)(1), 811.108(b)(3), 811.108(b)(4), 811.114(b)(3), 
811.114(d), 811.115(b).
    Project/Activity: Monroe-McKeen Plaza (Louisiana) HDC refunding 
of bonds which financed a Section 8 assisted non-insured project, 
the McKeen Plaza Apartments, (FHA No. LA48-0053-001).
    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.
    Dated Granted: August 29, 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. This refunding proposal was 
approved by HUD on July 26, 1994. Refunding bonds have been priced 
to an average yield of 6.80%. The tax-exempt refunding bond issue of 
$2,660,000 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%-
11.25% at the call date in 1994 with tax-exempt bonds yielding 6.8%. 
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.
    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: Town of Babylon, New York refunding of bonds 
which financed a Section 8 assisted project, Andpress Plaza 
Apartments (FHA No. 012-35582).
    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.
    Dated Granted: September 8, 1994.
    Reasons Waived: The Part 811 regulations cited above were 
intended for original bond financing transaction and do not fit the 
terms of refunding transactions. To credit enhance refundings 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 June 2, 1994. Refunding bonds have been priced to an 
average yield of 6.79%. The tax-exempt refunding bond issue of 
$2,405,000 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 9.9% at the 
call date with tax-exempt bonds yielding 6.79%. The refunding will 
also substantially reduce the FHA mortgage interest rate at 
expiration of the HAP contract, from 9.9% to 7.2%, 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.
    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: Providence, Rhode Island HDC refunding of 
bonds which financed a Section 8 assisted project, the Barbara 
Jordan Apartments (FHA No. 016-57008).
    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.
    Dated Granted: September 15, 1994.
    Reasons Waived: The Part 811 regulations cited above were 
intended for original bond financing transaction and do not fit the 
terms of refunding transactions. To credit enhance refundings 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 June 14, 1994. Refunding bonds have been priced to an 
average yield of 6.74%. The tax-exempt refunding bond issue of 
$8,890,000 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 with tax-exempt bonds yielding 6.74%. The refunding 
will also substantially reduce the FHA mortgage interest rate at 
expiration of the HAP contract, from 12% to 6.9%, thus reducing FHA 
mortgage insurance risk. The refunding serves the important public 
purposes of reducing HUD's Section 8 program costs, improving 
Treasury Tax revenues, (helping reduce the budget deficit), and 
increasing the likelihood that projects will continue to provide 
housing for low-income families after subsidies expire, a priority 
HUD objective.
    Regulation: 24 CFR Sections 811.107(a)(2), 811.107(b), 
811.108(a)(3), 811.114(b)(3), 811.114(d), 811.115(b).
    Project/Activity: Regional HDC of Kansas City, Missouri 
refunding of bonds which financed a Section 8 assisted project, the 
Lawndale Heights Apartments (FHA No. 084-37229).
    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.
    Dated Granted: September 30, 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. This refunding proposal was 
approved by HUD on August 30, 1994. Refunding bonds have been priced 
to an average yield of 6.78%. The tax-exempt refunding bond issue of 
$4,465,000 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 10.25% at 
the call date with tax-exempt bonds yielding 6.78%. The refunding 
will also substantially reduce the FHA mortgage interest rate at 
expiration of the HAP contract, from 10.375% to 6.93%, 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 [[Page 10601]] will continue 
to provide housing for low-income families after subsidies expire, a 
priority HUD objective.
    Regulation: 24 CFR Sections 811.114(d), 811.115(b), 811.117.
    Project/Activity: The Housing Authority of Seattle, Washington 
refunding of bonds which financed a Section 8 assisted project, 
Market House Elderly Project, No. WA19-8023-005.
    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.
    Dated Granted: July 21, 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 June 29, 1994. 
Refunding bonds have been priced to an average yield of 6%. The tax-
exempt refunding bond issued of $1,730,000 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% at the call date in 1994 with tax-exempt bonds at a 
substantially lower interest rate. The refunding services 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.
    Regulation: 24 CFR Section 811.114(d).
    Project/Activity: District of Columbia HFA redemption of bonds 
which financed a Section 8 assisted project in 1979, the Trinity 
Towers Apartments, FHA No. 000-35240.
    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.
    Dated Granted: July 27, 1994.
    Reasons Waived: The Part 811 regulation cited above requires HUD 
approval and reduction of Section 8 rents for prepayment of Section 
11(b) bonds. The bonds will be redeemed by sale of the FHA mortgage 
note. Proceeds of the note sale will also finance project repairs. 
No reduction in project debt service or contract rents will occur. 
The Treasury also gains long-term tax revenue benefits through 
prepayment of outstanding tax-exempt bonds. The refunding serves the 
important public purposes of improving Treasury Tax revenue, 
(helping reduce the budget deficit), and assuring that the project 
is maintained in sound physical condition.
    Regulation: 24 CFR Sections 811.114(d), 811.115(b), 811.117.
    Project/Activity: The Housing Authority of Delaware County, 
Pennsylvania refunding of bonds which financed a Section 8 assisted 
project, Kinder Park Apartments, FHA No. PA26-0020-001.
    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.
    Dated Granted: August 10, 1994.
    Reasons Waived: The Part 811 regulations cited above were 
intended for original bond financing transaction and do not fit the 
terms of refunding transactions under Section 103 of the Tax Code. 
This refunding proposal was approved by HUD on March 18, 1994. 
Refunding bonds have been priced to an average yield of 5.66%. The 
tax-exempt refunding bond issue of $4,040,000 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 6.00%-6.40% 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 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.
    Regulation: 24 CFR Section 811.114(d).
    Project/Activity: Whiteside County, Illinois HA refunding of 
bonds which financed a Section 8 assisted project, the Civic Plaza 
II Apartments, HUD No. IL-06-0038-002).
    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.
    Dated Granted: September 26, 1994.
    Reasons Waived: The Part 811 regulations cited above were 
intended for original bond financing transactions and do not fit the 
terms of refunding bonds to be issued as taxable obligations. 
Refunding bonds will be issued in an amount sufficient to provide 
capitalized distributions to the Project Owner entity which agrees 
to extend low-income occupancy for ten years after expiration of the 
Section 8 Housing Assistance Payments Contract. The Treasury also 
gains long-term tax revenue benefits through replacement of 
outstanding tax-exempt bonds of 9.5% coupons of lower yielding debt. 
The refunding serves the important public purposes of 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.

    Note to Reader: The person to be contacted for additional 
information about the waiver-grant items in this listing is: Robin 
Prichard, Drug-Free Neighborhoods Division, Office of Community 
Relations and Involvement, Department of Housing and Urban 
Development, 451 7th Street, S.W.--Room 4116, Washington, DC 20410-
5000, (202) 708-1197.

    14. Regulation: 24 CFR 961.
    Project/Activity: Maricopa County Housing Authority, Phoenix, 
AZ.
    Nature of Requirement: 24 CFR 961, allows only one six month 
extension on each grant awarded beyond the grant period.
    Granted By: Joseph Shuldiner, Assistant Secretary for Public and 
Indian Housing, P.
    Date Granted: September 1994.
    Reason Waved: The Resident Services Coordinator for MCHD, along 
with the leadership of the Housing Director, have the contacts, 
respect and commitment from reputable agencies to carry out the drug 
elimination program successfully. It is clear that they have 
identified the most vulnerable complexes needing the services of a 
drug elimination initiative, which are generally social and 
economically stressed. Also, it is very clear, that the need for 
this drug elimination grant extension to be approved can and will 
have a tremendous affect on the safety of our resident and will be 
felt throughout MCHD, therefore, we are asking for your approval to 
grant this extension request.
    MCHD is a Troubled Housing Authority, that is in the process of 
entering into a Memorandum of Agreement and have the staff, 
commitment and resources, if approved to implement this initiative. 
All of the programs requested and planned in the revised budgets not 
only will help make their living environment safer, the programs 
proposed include self-help programs for low income residents.

    Note to Reader: The person to be contacted for additional 
information about the waiver-grant items in this listing is: John 
Comerford, Director, Financial Management Division, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410, Phone: (202) 708-1872, 
TDD: (202) 708-0850 (These are not toll-free numbers).

    15. Regulation: 24 CFR 990.104.
    Project/Activity: Guntersville, AL, Housing Authority In 
determining the operating subsidy eligibility, a request was made 
for funding for two units approved for non-dwelling use to promote 
economic self-sufficiency programs.
    Nature of Requirement: The operating subsidy calculation 
excludes funding for units removed from the dwelling rental 
inventory.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: August 4, 1994.
    Reason Waived: To allow additional subsidy for units approved 
for non-dwelling use to promote economic self-sufficiency services 
pending publication of a final rule implementing this change to the 
regulation.
    16. Regulation: 24 CFR 990.104.
    Project/Activity: Jennings, LA, Housing Authority In determining 
the operating subsidy eligibility, a request was made for funding 
for one unit approved for non-dwelling use to promote anti-drug 
programs.
    Nature of Requirement: The operating subsidy calculation 
excludes funding for [[Page 10602]] units removed from the dwelling 
rental inventory.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: August 30, 1994.
    Reason Waived: To allow additional subsidy for one unit approved 
for non-dwelling use to promote anti-drug programs pending 
publication of a final rule implementing this change to the 
regulation.
    17. Regulation: 24 CFR 990.104.
    Project/Activity: Los Angeles, CA, Housing Authority In 
determining the operating subsidy eligibility, a request was made 
for funding for units approved for non-dwelling use to promote 
economic self-sufficiency and anti-drug programs.
    Nature of Requirement: The operating subsidy calculation 
excludes funding for units removed from the dwelling rental 
inventory.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: July 25, 1994.
    Reason Waived: To allow additional subsidy for 29 units approved 
for non-dwelling use to promote economic self-sufficiency services 
and anti-drug programs pending publication of a final rule 
implementing this change to the regulation.
    18. Regulation: 24 CFR 990.104.
    Project/Activity: Tusla, OK, Housing Authority. In determining 
the operating subsidy eligibility, a request was made for funding 
for units approved for non-dwelling use to promote economic self-
sufficiency and ant-drug programs.
    Nature of Requirement: The operating subsidy calculation 
excludes funding for units removed from the dwelling rental 
inventory.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: July 19, 1994.
    Reason Waived: To allow additional subsidy for six units 
approved for non-dwelling use to promote economic self sufficiency 
services and anti-drug programs pending publication of a final rule 
implementing this change to the regulation.
    19. Regulation: 24 CFR 990.109(b)(3)(iv).
    Project/Activity: A request was made by the Allentown, PA 
Housing Authority to use an occupancy rate of 91% in determining its 
operating subsidy eligibility for its fiscal year 6/30/95.
    Nature of Requirement: A Low Occupancy Public Housing Agency 
(PHA) without an approved Comprehensive Occupancy Plan (COP) must 
use a projected occupancy rate of 97%.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: July 11, 1994.
    Reason Waived: The vacancy problem being experienced by the 
Allentown Housing Authority is the result of an accidental gas 
explosion and fire at an elderly high-rise development which left 
147 units uninhabitable. These units are expected to be repaired in 
approximately nine months. During this period, the elderly residents 
will be relocated to private-owned housing. Because of the short-
term nature of the problem, the Allentown Housing Authority was 
allowed to use 91% as its occupancy percentage for its fiscal year 
ending 6/30/95.
    20. Regulation: 24 CFR 990.109(b)(3)(iv).
    Project/Activity: A request was made by the St. Edward, NE 
Housing Authority to use its actual occupancy rate of 61% in 
determining its operating subsidy eligibility for its fiscal year 
ending (FYE) 12/31/94.
    Nature of Requirement: A public housing agency (PHA) 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.
    Date Granted: July 14, 1994.
    Reason Waived: The St. Edward Housing Authority is a small PHA 
of 18 units, primarily elderly. There has been a significant decline 
in the town's population according to census data, as well as loss 
of businesses during the past several years. Because the documented 
lack of demand was basically beyond the control of the Authority, 
and in order to preclude further depletion of its operating 
reserves, the PHA was allowed to use 61% as its occupancy percentage 
for its fiscal year ending 12/31/94.
    21. Regulation: 24 CFR 990.110 and 990.107.
    Project/Activity: Springfield, MA Housing Authority. In 
determining the operating subsidy eligibility, a request was made to 
permit the Springfield Housing Authority to retain a refund in 
excess billing charges for water consumption.
    Nature of Requirement: Public Housing Agencies (PHAs) must pay 
back any savings that result from utility rate decreases as compared 
to the budgeted amount for that year.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: July 14, 1994.
    Reason Waived: The Springfield Housing Authority (SHA) realized 
in early 1989 that water costs had increased significantly and 
immediately began to investigate the cause. Both its maintenance and 
finance departments, over a lengthy period of time, spent 
considerable effort and expense trying to find the reason for the 
increased costs. In 1992, the SHA's energy auditor found that the 
problem was the installation, by the water department, of an 
improper water register on the water meter.
    Based on the SHA's extraordinary efforts to determine the cause 
of the problem and the resulting savings to HUD, a waiver was 
granted to permit the SHA to retain the refund from excess billing. 
This waiver was granted on the basis that the refund be used to 
implement a water conservation program for several federally funded 
developments.
    22. Regulation: 24 CFR 990.118(h).
    Project/Activity: A request was made by the Department of Public 
and Assisted Housing (DPAH), Washington, DC to use an occupancy rate 
of 83% for its fiscal year ending (FYE) 9/30/94 and to use 85% for 
its FYE 9/30/95.
    Nature of Requirement: A Public Housing Agency (PHA) with an 
approved COP must use the projected occupancy rates of the COP. The 
projected occupancy rate for the last year of the COP, FYE 9/30/94, 
is 97%.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: July 26, 1994.
    Reason Waived: The request for a waiver follows a number of 
meetings with the staff of DPAH. The exchange of views on the 
vacancy problems faced by DPAH has been productive and a four-year 
plan has been developed that is project-specific and will serve as a 
guide for the commitment of funds and staff. In order to be 
supportive of the efforts and progress made to date, a waiver was 
granted to permit the use of the 93% as the occupancy percentage for 
its FYE 9/30/94, and 85% for its FYE 9/30/95. Of the additional 
funds received by DPAH as a result of this waiver, at least 60% must 
be used for specific, identifiable actions to increase occupancy.
    23. Regulation: 24 CFR 990.118(h).
    Project/Activity: A request was made by the Allegheny County, PA 
Housing Authority to use an occupancy rate of 93% instead of the 97% 
goal of its Comprehensive Occupancy Plan (COP) in determining its 
operating subsidy eligibility for its fiscal year ending (FYE) 9/30/
94.
    Nature of Requirement: A Public Housing Agency (PHA) with an 
approved COP must use the projected occupancy rates of the COP.
    Granted By: Joseph Shuldiner, Assistant Secretary.
    Date Granted: August 19, 1994.
    Reason Waived: The Allegheny County Housing Authority requested 
a 4% adjustment based on vacant units that are part of a funded, on-
schedule modernization program. The regulations permit a PHA that 
completes the COP without achieving its occupancy goal to adjust the 
97% rate that it otherwise would have to use in subsequent years by 
vacancies attributable to funded, on-schedule modernization work. In 
order to permit the PHA to receive the same benefits for its units 
undergoing modernization as do other PHAs that have completed their 
COPS, a waiver was granted to permit the use of the 93% as the 
occupancy percentage for its FYE 9/30/94.

    Note to Reader: The person to be contacted for additional 
information about the waiver-grant items in this listing: Gary 
VanBuskirk, Director, Homeownership Division, Office of Resident 
Initiatives, Department of Housing and Urban Development, 451 
Seventh Street, S.W., Room 4112, Washington, D.C. 20410, Phone: 
(202) 708-4233 (This is not a toll-free number).

    24. Regulation: 24 CFR 904 Subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3).
    Project/Activity: Butler Metropolitan Housing Authority (BMHA), 
Hamilton, Ohio Turnkey III Homeownership Opportunity Program Project 
OH 15-6 (Concord Green). Conversion to low income rental status.
    Nature of Requirement: 24 CFR 904 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, P.
    Date Granted: July 1, 1994.
    Reason Waived: The Butler Metropolitan Housing Authority of 
Hamilton, Ohio [[Page 10603]] requested the ability to convert 
certain housing units of the BMHA's project OH 15-6 to low rent 
public housing status. The Department of Housing and Urban 
Development has established certain criteria and procedures by which 
to judge the efficacy of such a conversion on a case by case basis. 
After investigation of the circumstances, and in an attempt to 
assist the BMHA to better serve its low income tenants, the 
Department decided that granting this conversion was in the best 
interests of all concerned.
    The conversion of Turnkey III units to low income rental is 
implemented according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for this 
conversion.
    25. Regulation: 24 CFR 904 Subpart B (Turnkey III Homeownership 
Opportunity Program) and Corresponding Provisions of the Turnkey III 
Handbook (7495.3).
    Project/Activity: Rockford Housing Authority (RHA), Rockford, 
Illinois Turnkey III Homeownership Opportunity Program Project IL 
06-P022-008. Conversion to low income rental status.
    Nature of Requirement: 24 CFR 904 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, P.
    Date Granted: September 23, 1994.
    Reason Waived: The Rockford Housing Authority of Rockford, 
Illinois requested the ability to convert certain housing units of 
the RHA's project IL 06-P022-008 to low rent public housing status. 
The Department of Housing and Urban Development has established 
certain criteria and procedures by which to judge the efficacy of 
such a conversion on a case by case basis. After investigation of 
the circumstances, and in an attempt to assist the RHA to better 
serve its low income tenants, the Department decided that granting 
this conversion was in the best interests of all concerned.
    The conversion of Turnkey III units to low income rental is 
implemented according to existing HUD procedures.
    The housing authority has shown good cause and demonstrated 
compliance with all applicable regulatory requirements for this 
conversion.
    26. 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 
Knoxville, Tennessee Housing Authority (KHA) a time extension to 
carry out the activities specified in its grant agreement. This 
extension would be of benefit to the residents participating in 
homeownership planning under its mini-planning grant 
(IA05HM1190192).
    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, P.
    Date Granted: July 12, 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 KHA was unable to implement the family self sufficiency 
segment of the grant on schedule due to a change in staff plans and 
funding problems. Because the KHA is located in a rural area, it has 
experienced some difficulty in finding individuals and organizations 
that can assist in the grant. To complete the remaining tasks under 
the grant, the KHA has recently issued a request for proposal for 
the self sufficiency and training components and has begun working 
with an agency to assist them in these efforts. Further action on 
the grant was contingent upon this extension being granted.
    27. 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 
Meridian, Mississippi Housing Authority (MHA) 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 mini-planning grant (MS26HM10040192).
    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, P.
    Date Granted: July 12, 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 management of the MHA has been in transition and the current 
executive director is acting in an interim capacity. The transition 
interrupted progress implementing the grant; however the MHA 
continues to desire to complete the remaining tasks under the grant. 
The MHA wishes to conduct economic development as well as training 
and technical assistance activities under the grant which would be 
of benefit to the low income residents participating in the 
homeownership grant. Further action on the grant was contingent upon 
the extension being granted.
    28. 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 
Hall County, Nebraska Housing Authority (HCHA) a time extension to 
carry out the activities specified in its grant agreement. This 
extension would be of benefit to the residents participating in 
homeownership planning under its mini-planning grant 
(NE26HM10030192).
    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, P.
    Date Granted: July 12, 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 HCHA noted that it was impeded in carrying out grant 
activities due to an initial lack of resident interest that has 
since been rectified. This interrupted early progress made on the 
grant. The HCHA wished to continue, among other items, resident 
management council training, development of homeownership plans and 
financial strategies, production and publication of outreach 
materials, and training and technical assistance for residents and 
staff. Further action on this grant was contingent upon the time 
extension being granted.
    29. 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 
Church Community Housing Corporation (CCHC) of Newport, Rhode Island 
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 Chapel 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, P.
    Date Granted: July 22, 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 CCHC noted that although it has made substantial progress in 
carrying out the grant, the Resident Council of the Newport Public 
Housing Authority has encountered unexpected delays in hiring a 
coordinator. The coordinator is now in place and has been working to 
rebuild the resident involvement in the resident council. The lack 
of a coordinator interrupted early progress made on the grant but 
the CCHC desired to move forward with the grant activities. As a 
result [[Page 10604]] of dialogue with the residents of the Chapel 
Terrace development and the realization that further HOPE funding is 
unlikely, the CCHC concluded that it needed to come up with viable 
alternatives which would foster increased resident control. The 
extension would allow the Resident Council to complete a move to 
permanent office space and to begin to explore options to enhance 
resident control of the development. Action on the grant was 
contingent upon the extension being granted.
    30. 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 
Housing Authority of the City of Waterbury, Connecticut (HAW) 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 Austin Road 
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, P.
    Date Granted: July 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 HAW noted that although it had made substantial progress in 
carrying out the grant it encountered unexpected delays in hiring a 
Resident Initiatives Coordinator. The lack of this coordinator 
interrupted early progress made on the grant, but the HAW continued 
to desire to complete the tasks remaining under the grant. As a 
result of dialogue with the residents of the Austin Road 
development, the HAW concluded that it needed to focus its efforts 
under grant in the area of economic development to further prepare 
residents for homeownership. In working towards that end, the HAW 
selected a consultant to work on a feasibility study. The successful 
completion of this grant was contingent upon the extension being 
granted.
    31. 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 
North Charleston, South Carolina Housing Authority (NCHA) 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 North Park Village 
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, P.
    Date Granted: July 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 NCHA noted that although it had made substantial progress in 
carrying out the grant, the resignation of two members of the Board 
of Commissioners as well as the Mayor of North Charleston had 
resulted in unexpected delays in carrying out activities under the 
grant. The vacancies were in the process of being filled. Although 
the vacancies interrupted progress made on the grant, the NCHA 
continued to desire to move forward with the grant activities. The 
extension requested would permit the Board of Commissioners to 
authorize contracts for the feasibility studies necessary to 
complete the development of a formal homeownership strategy. The 
extension would also allow the NCHA to conduct training and planning 
for economic development activities in support of future 
homeownership. The successful completion of the grant was contingent 
on the extension being granted.
    32. 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 
Auburn, Alabama Housing Authority (AHA) a time extension to carry 
out the activities specified in its five grant agreements. The 
extension would be of benefit to the residents participating in 
homeownership planning at its East Park, AL-050-1; East Park, AL-
050-3; Ridgecrest, AL-50-6; Sparkman Park, AL-50-8; and East Park, 
AL-50-5A developments.
    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, P.
    Date Granted: August 3, 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:
    AHA noted that although it had made substantial progress in 
carrying out the grants it had encountered unexpected delays due to 
personnel changes in the housing authority. The personnel changes 
interrupted progress made on the grants. The AHA desired to complete 
the remaining tasks under the grants. After taking into 
consideration the diminished prospects of obtaining future HOPE 1 
funding, the AHA concluded that it needed to alter the emphasis of 
its efforts under the grants to concentrate more on the development 
of RMCs/RCs than on conducting feasibility studies. Towards that end 
the AHA requested that it be allowed to revise its budget allocation 
to conform to the change in emphasis. Successful completion of the 
grant was contingent upon the extension being granted.

    Note to Reader: The person to be contacted for additional 
information about the waiver-grant items in this listing is: Debbie 
Ann Wills, Field Management Officer, U.S. Department of Housing and 
Urban Development, Office of Community Planning and Development, 451 
7th Street, SW., Washington, DC 20410-7000, Telephone: (202) 708-
2565.

    33. Regulation: 24 CFR 92.150(a) & 24 CFR 576.51(a).
    Project/Activity: Hartford, CT, New Britain, CT, Stanford CT. 
Waiver of the deadline for submission of a HOME Program description 
and an Emergency Shelter Grants application.
    Nature of Requirement: Subpart D, Section 92.150(a) of the HOME 
Interim Rule requires that each participating jurisdiction submit 
its Program Description for a fiscal year to HUD within 45 days of 
HUD's publication of the HOME formula allocations. For fiscal year 
1994, the due date for the Emergency Shelter Grants application is 
45 days after the jurisdiction's notification of its grant amount.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: June 14, 1994.
    Reasons Waived: The Department found that the existing deadlines 
hinder the effective coordination of these programs. Therefore a 
waiver granting additional time to accomplish the task of 
coordination was given for good cause.
    34. Regulation: 24 CFR 92.150(a) & 24 CFR 576.51(a).
    Project/Activity: City of Fresno, California requested waiver of 
the deadline for submission of a HOME Program description.
    Nature of Requirement: Subpart D, Section 92.150(a) of the HOME 
Interim Rule requires that each participating jurisdiction submit 
its Program Description for a fiscal year to HUD within 45 days of 
HUD's publication of the HOME formula allocations. For fiscal year 
1994, the due date for the Emergency Shelter Grants application is 
45 days after the jurisdiction's notification of its grant amount.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: June 14, 1994.
    Reasons Waived: The Department found that the existing deadlines 
hinder the effective coordination of these programs. Therefore a 
waiver granting additional time to accomplish the task of 
coordination was given for good cause.
    35. Regulation: 24 CFR 92.150(a) & 24 CFR 576.51(a).
    Project/Activity: City and County of Honolulu. Waiver of the 
deadline for submission of a HOME Program description and an 
Emergency Shelter Grants application.
    Nature of Requirement: Subpart D, Section 92.150(a) of the HOME 
Interim Rule requires [[Page 10605]] that each participating 
jurisdiction submit its Program Description for a fiscal year to HUD 
within 45 days of HUD's publication of the HOME formula allocations. 
For fiscal year 1994, the due date for the Emergency Shelter Grants 
application is 45 days after the jurisdiction's notification of its 
grant amount.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: June 14, 1994.
    Reasons Waived: The Department found the strike by City 
employees had caused administrative problems that effected the 
coordination of these programs. Therefore a waiver granting 
additional time to accomplish the task of coordination was given for 
good cause.
    36. Regulation: 24 CFR 92.150(a) & 24 CFR 576.51(a).
    Project/Activity: Harris County Texas. Waiver of the deadline 
for submission of a HOME Program description and an Emergency 
Shelter Grants application.
    Nature of Requirement: Subpart D, Section 92.150(a) of the HOME 
Interim Rule requires that each participating jurisdiction submit 
its Program Description for a fiscal year to HUD within 45 days of 
HUD's publication of the HOME formula allocations. For fiscal year 
1994, the due date for the Emergency Shelter Grants application is 
45 days after the jurisdiction's notification of its grant amount.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: July 11, 1994.
    Reasons Waived: The Department found that the existing deadlines 
hinder the effective coordination of these programs. A waiver 
granting additional time to accomplish the task of coordination for 
these two programs was given for cause.
    Regulation: 24 CFR 92.214(a)(8).
    Project/Activity: The State of West Virginia requested a waiver 
to allow HOME funds to be used to pay for single owned properties.
    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 & Development.
    Date Granted: August 17, 1994.
    Reasons Waived: The waiver was granted because the State of West 
Virginia was in a unique situation. When the regulations at 24 CFR 
92.214(a)(8) became effective, the State was in the process of 
negotiating with fourteen applicants to purchase State-owned 
properties under a HOME-funded project, an eligible activity under 
the then current regulations. There was not sufficient time to hold 
the loan closing prior to the effective date of the regulation. 
Therefore, the Assistant Secretary determined that the 
implementation of the regulation would unnecessarily have an impact 
on the State of West Virginia and the 14 applicants and adversely 
affect the purpose of the Act.
    37. Regulation: 24 CFR 92.222(b).
    Project/Activity: The city of Kansas Missouri 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 & Development.
    Date Granted: June 7, 1994.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    38. Regulation: 24 CFR 92.222(b).
    Project/Activity: Johnson County, Kansas 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 & Development.
    Date Granted: June 8, 1994.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    39. Regulation: 24 CFR 92.222(b).
    Project/Activity: The State of Wisconsin 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 & Development.
    Date Granted: August 11, 1994.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    40. Regulation: 24 CFR 92.222(b).
    Project/Activity: The State of Missouri 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 & Development.
    Date Granted: August 12, 1994.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    41. Regulation: 24 CFR 92.222(b).
    Project/Activity: The City of Lawrence, Kansas 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 & Development.
    Date Granted: August 17, 1994.
    Reasons Waived: To relieve the jurisdiction of coming up with 
matching funds that would delay the use of HOME funds in an 
emergency situation.
    42. Regulation: 24 CFR 92.251(a).
    Project/Activity: American Samoa and the Commonwealth of the 
Northern Mariana Islands requested a waiver of regulations to permit 
emergency repairs as an eligible HOME activity.
    Nature of Requirement: Section 92.251(a) provides that housing 
assisted with HOME funds meet, at a minimum, HUD housing quality 
standards (HQS), and provides other minimum standards for 
substantial rehabilitation and new construction.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: June 14, 1994.
    Reasons Waived: The waiver was granted because American Samoa 
and CNMI have determined that the need in their localities is to 
provide citizens with assistance which may alleviate a major health 
hazard. Examples include the installation of a septic tank which 
will prevent the contamination of drinking water, and the 
construction of a safety room to provide the family with shelter 
during typhoons. The waiver would alleviate hardship for American 
Samoa and CNMI and permitting them to address health hazards.
    43. Regulation: 24 CFR 92.251(a).
    Project/Activity: The City of Phoenix Arizona requested a waiver 
of section 92.251(a) to allow the United Methodist Outreach 
Ministries to use HOME monies for the rehabilitation of 41 units in 
a transitional housing project.
    Nature of Requirement: The regulations provides that housing 
assisted with HOME funds meet, at a minimum, HUD housing quality 
standards (HQS) in Section 882.109, and provides other minimum 
standards for substantial rehabilitation and new construction.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: August 25, 1994.
    Reasons Waived: The waiver was granted because using HOME monies 
for a portion of this project would assist the City and the State in 
meeting the Department's priority of providing additional housing 
for homeless families. In addition, not granting the waiver would 
adversely affect the purposes of the HOME Act, which include 
expanding the supply of decent, safe, sanitary and affordable 
housing for low and very low income persons.
    44. Regulation: 24 CFR 92.254.
    Project/Activity: State of California, San Benito County CPD 
requested a waiver to CFR 92.254 which limits the value of homes 
purchased using HOME funds. [[Page 10606]] 
    Nature of Requirement: The HOME regulations at 24 CFR 92.254 
state that for housing to qualify as affordable housing for 
homeownership, its purchase price and/or after rehabilitation value 
cannot exceed 95 percent of the median purchase price for single 
family housing for the jurisdiction as determined by HUD. If the 
jurisdiction believes the limits determined by HUD do not accurately 
reflect 95 percent of the median purchase price, the regulation 
provides that it may appeal the limits in accordance with 24 CFR 
203.28(b).
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: February 22, 1994.
    Reason Waived: The HUD Field Office presented data for single 
family home sales that was determined by the Assistant Secretary to 
be a reasonable and accurate representation of local market 
conditions and, therefore, the HOME purchase price/value limits were 
revised upward for San Benito County.
    45. Regulation: 24 CFR 511.11(a).
    Nature of Requirement: The City of Phoenix Arizona is requesting 
to repay its line of credit less than the amount drawn down for the 
Willow Ridge Apartments. When the project was 50 percent complete, 
the owners defaulted on the first mortgage which resulted in 
foreclosure by the lender. The City had drawn down $70,264 and is 
requesting that HUD accept $60,281.97, the amount in escrow, as the 
amount that it reimburses its Rental Rehabilitation line of credit 
for this project.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Date Granted: June 17, 1994.
    Reason Waived: HUD accepted the amount on the basis that the 
rehabilitation was substantially complete, low-income residents of 
the project and the neighborhood benefited with a relatively minimal 
amount of Rental Rehabilitation funds. Not waiving this requirement 
would adversely affect the purposes of the Rental Rehabilitation 
Program and would place hardship on the city.
    46. Regulation: 24 CFR 570.466(c)(3)(i).
    Project/Activity: An amendment to the UDAG Grant Agreement 
awarded to the City of Albuquerque.
    Nature of Requirement: Jobs must be created if UDAG monies are 
used to fund a specific project.
    Date Granted: July 8, 1994.
    Granted By: Andrew Cuomo, Assistant Secretary for Community 
Planning & Development.
    Reasons Waived: HUD determined that without the waiver to the 
regulations, the project developer would lose the business rationale 
for making a partial repayment of the UDAG loan thus causing and 
perpetuating undue hardship on the pocket of poverty residents, the 
beneficiaries of these funds.

[FR Doc. 95-4742 Filed 2-24-95; 8:45 am]
BILLING CODE 4210-32-M