29886 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–3864–N–06]

Office of the Secretary; Notice of

Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of

Regulatory Waivers. Request: October 1,

1995 through December 31, 1995.

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

twentieth 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 actions.

SUPPLEMENTARY INFORMATION: As part of

the Housing and Urban Development

Reform Act of 1989, the Congress

adopted, at HUD’s request, legislation to

limit and control the granting of

regulatory waivers by 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 twentieth

notice of its kind to be published under

Section 106. It updates HUD’s waivergrant activity from October 1, 1995

through December 31, 1995. It also

includes waivers granted form July 1,

1995 to September 30, 1995 that were

inadvertently omitted from the last

report.

For ease of reference, waiver requests

granted by departmental officials

authorized to grant waivers are listed in

a sequence keyed to the section number

of the HUD regulation involved in the

waiver action. For example, a 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 January 1,

1996 through March 31, 1996.

Accordingly, information about

approved waiver requests pertaining to

regulations of the Department is

provided in the Appendix that follows

this notice.

Dated: May 31, 1996.

Henry G. Cisneros,

Secretary.

Appendix—Listing of Waivers of

Regulatory Requirements Granted by

Officers of the Department of Housing

and Urban Development October 1,

1995 Through December 31, 1995

Note to Reader: The person to be contacted

for additional information about these

waiver-grant items in this listing is: Mr.

James B. Mitchell, Director, Financial

Services Division, U.S. Department of

Housing and Urban Development, 470 L’

Enfant Plaza East, Suite 3119, Washington,

D.C. 20024, Phone: (202) 755–7450 x125.

1. Regulation: 24 CFR 811.106(d),

811.107(d), of 1977 regulations, 24 CFR

811.107(a)(2), 811.107(b), 811.108(b),

and 811.114(b)(3) of 1979 regulations.

Project/Activity: The Greene

Metropolitan (Ohio) Housing Authority

refunding of bonds which financed a

Section 8 assisted uninsured project,

Xenia Towers Apartments, No. OH10–

0001–043.

Nature of Reguirement: 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 30, 1995.

Reasons Waived: The Part 811

regulations cited above prohibited

refundings and restricted use of excess

reserve balances to project purposes

only. The 1978 Bond reserves will be

used to help pay transactions costs. The

tax-exempt refunding bond issue of

$2,380,000 at a yield of 6.05 percent

will result in debt service savings for

deposit into the Project Reserve for

Replacements. The Treasury also gains

long-term tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 7.75 percent at the call date

in 1995 with tax-exempt bonds at a

substantially lower interest rate. The

refunding serves the important public

purpose of increasing the likelihood that

projects will continue to provide

housing for low-income families after

subsidies expire, a priority HUD

objective.

2. Regulation: 24 CFR 811.106(d) and

811.107(d) of 1977 regulations, and 24

CFR 811.107(b), 811.108(a)(1),

811.109(a)(2), 811.114(b)(3), 811.114(d),

and 811.115(b) of 1979 regulations.
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29887

Project/Activity: The Los Angeles

CRA refunding of bonds which financed

an uninsured Section 8 assisted project,

Angelus Plaza, Phase 1, HUD Project

No. CA16–8021–053.

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 9, 1995.

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 1978 Trust Indenture

for use in providing affordable

community services and reimbursing

previous partnership contributions to

capital costs. Issuance of 1995 refunding

bonds of $33,020,000 will accomplish

that. The Project Owner has agreed to

extend low-income occupancy in this

project for 10 years after expiration of

the Housing Assistance Payments

Contract and to pay HUD 25 percent of

its annual distributions from surplus.

3. Regulation: 24 CFR 811.106(d) and

811.107(d) of 1977 regulations.

Project/Activity: Burlington, North

Carolina HA refunding of bonds issued

in 1978, which financed an uninsured

Section 8 assisted project: Burlington

Homes, HUD Project Number NC19–

0003–019.

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 4, 1995.

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 1978 Trust Indenture

for use in construction or acquisition of

affordable housing. Issuance of 1995

refunding bonds under Section 103 of

the Tax Code will not reduce project

debt service nor generate Section 8

savings. The Housing Authority has

agreed to extend low-income occupancy

in this project for 10 years after

expiration of the Housing Assistance

Payments Contract in August, 2019.

4. Regulation: 24 CFR 811.106(d) and

811.107(d) of 1977 regulations.

Project/Activity: Madison County,

Illinois HA refunding of bonds which

financed two uninsured Section 8

assisted projects: Wood River and

Edwardsville Elderly Apartments, HUD

Project Numbers IL06–0007–002 and

003.

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 13, 1995.

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 and 1978 Trust

Indentures for use in providing housing

for low-income families. Issuance of

1995 refunding bonds under Section

103 of the Tax Code will reduce project

debt service and generate Section 8

savings to be used by the Issuer to

provide for project repairs and

maintenance and correct a revenue

shortfall in the Edwardsville project.

The Housing Authority has agreed to

extend low-income occupancy in this

project for 10 years after expiration of

the Housing Assistance Payments

Contract.

5. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The Springfield,

Massachusetts Housing Authority

refunding of bonds which financed a

Section 8 assisted project, Garand Court

Apartments, FHA No. 023–35241.

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 12, 1995.

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 207.259(e) to call debentures

prior to maturity. This refunding

proposal was approved by HUD on

August 22, 1995. Refunding bonds have

been priced to an average yield of

6.75%. The tax-exempt refunding bond

issue of $4,285,000 at current lowinterest rates will save Section 8

subsidy. The Treasury also gains longterm tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 9.75% at the call date in

1995 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, 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.

6. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The LaFollette

Housing Development Corporation

refunding of bonds which financed a

Section 8 assisted project, Westgate

Towers Apartments, FHA No. 087–

35114.

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 7, 1995.

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 November 6,

1995. Refunding bonds have been

priced to an average yield of 6.36%. The

tax-exempt refunding bond issue of

$1,320,000 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%

at the call date in 1995 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% to 7.25%, thus

reducing FHA mortgage insurance risk.

The refunding serves the important
29888 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

public purposes of reducing HUD’s

Section 8 program costs, improving

Treasury tax revenues, (helping reduce

the budget deficit), and increasing the

likelihood that projects will continue to

provide housing for low-income

families after subsidies expire, a priority

HUD objective.

7. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The Los Angeles

CRA refunding of bonds which financed

a Section 8 assisted project, Angelus

Plaza, Phase 2, FHA No. 122–35520.

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 9, 1995.

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 207.259(e) to call debentures

prior to maturity. This refunding

proposal was approved by HUD on

October 27, 1995. Refunding bonds have

been priced to an average yield of

6.40%. The tax-exempt refunding bond

issue of $15,470,000 at current lowinterest rates will save Section 8

subsidy. The Treasury also gains longterm tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 11% at the call date in 1995

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 10.55% to

6.77%, and fund a partial mortgage

prepayment of $953,200, 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.

8. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.114(b)(3), 811.114(d),

811.115(b).

Project/Activity: The Atlanta, Georgia

Housing Authority refunding of bonds

which financed a Section 8 assisted

project, the Capitol Avenue School

Conversion Project, FHA No. 061–

57001.

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 30, 1995.

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 November 2,

1995. Refunding bonds have been

priced to an average yield of 5.99%. The

tax-exempt refunding bond issue of

$1,355,000 at current low-interest rates

will make possible reamortization of the

bonds concurrent with the FHA

mortgage term to prevent a default. The

Treasury also gains long-term tax

revenue benefits through replacement of

outstanding tax-exempt coupons of

8.0% at the call date in 1995 with taxexempt bonds at a substantially lower

interest rate.

9. Regulation: 24 CFR 811.107(a)(2),

811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The Hoboken, New

Jersey Housing Authority refunding of

bonds which financed a Section 8

assisted project, Project Uplift, FHA No.

031–35220.

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 13, 1995.

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 207.259(e) to call debentures

prior to maturity. This refunding

proposal was approved by HUD on

October 31, 1995. Refunding bonds have

been priced to an average yield of

6.25%. The tax-exempt refunding bond

issue of $2,408,447 at current lowinterest rates will save Section 8

subsidy. The Treasury also gains longterm tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 10.25% at the call date in

1995 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, 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.

10. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The South Delta,

Mississippi Regional Housing Authority

refunding of bonds which financed a

Section 8 assisted project, Eastover

Apartments, FHA No. 065–35308.

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 15, 1995.

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 207.259(e) to call debentures

prior to maturity. This refunding

proposal was approved by HUD on

December 8, 1995. Refunding bonds

have been priced to an average yield of

6.0%. The tax-exempt refunding bond

issue of $1,310,000 at current lowinterest rates will save Section 8

subsidy. The Treasury also gains longterm tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 10.43% at the call date in

1995 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, 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
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29889

the budget deficit), and increasing the

likelihood that projects will continue to

provide housing for low-income

families after subsidies expire, a priority

HUD objective.

11. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The Jackson,

Mississippi Housing Authority

refunding of bonds which financed a

Section 8 assisted project, Apple Manor

Apartments, FHA No. 065–35307.

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 15, 1995.

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 207.259(e) to call debentures

prior to maturity. This refunding

proposal was approved by HUD on

December 11, 1995. Refunding bonds

have been priced to an average yield of

6.37%. The tax-exempt refunding bond

issue of $1,680,000 at current lowinterest rates will save Section 8

subsidy. The Treasury also gains longterm tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 10% at the call date in 1995

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, 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.

12. Regulation: 24 CFR 811.107(a)(2),

811.107(b), 811.108(a)(1), 811.108(a)(3),

811.114(b)(3), 811.114(d), and

811.115(b).

Project/Activity: The South Delta,

Mississippi Regional Housing Authority

refunding of bonds which financed a

Section 8 assisted project, Moorhead

Manor Apartments, FHA No. 065–

35334.

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 15, 1995.

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 207.259(e) to call debentures

prior to maturity. This refunding

proposal was approved by HUD on

December 11, 1995. Refunding bonds

have been priced to an average yield of

6.25%. The tax-exempt refunding bond

issue of $1,375,000 at current lowinterest rates will save Section 8

subsidy. The Treasury also gains longterm tax revenue benefits through

replacement of outstanding tax-exempt

coupons of 10.5% at the call date in

1995 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, 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.

13. Regulation: 24 CFR 811.114(d),

811.115(b), 811.117.

Project/Activity: The D.C. Housing

Finance Agency refunding of bonds

which financed a Section 8 assisted

project, Capitol Hill Towers, FHA No.

000–35208.

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 9, 1995.

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 § 103 of the Tax

Code. This refunding proposal was

approved by HUD on September 18,

1995. Refunding bonds have been

priced to an average yield of 6.13%. The

tax-exempt refunding bond issue of

$7,360,000 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

8.5% at the call date in 1995 with taxexempt 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.

Note to Reader: The person to be contacted

for additional information about these

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, S.W.,

Washington, D.C. 20410–7000, Telephone:

(202) 708–2565.

14. Regulation: 24 CFR 92.219(b)(1).

Project/Activity: The State of

Maryland requested a waiver of the

match requirements cited at 24 CFR

92.219(b)(1).

Nature of Requirement: The

regulations at 24 CFR 92.219(b)(1) cite

specific requirements for how match is

determined in the HOME program.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: August 28, 1995.

Reasons Waived: It was determined

that the proposed matching

contribution, the State’s Rental

Allowance Program, was substantially

equivalent to HOME match

requirements and good cause was found

to grant the waiver.

15. Regulation: 24 CFR 92.251(a) & 24

CFR 92.206(a)(2)(i).

Project/Activity: The State of

Oklahoma requested a waiver, on behalf

of Okfuskee County, to permit

rehabilitation which utilizes HOME

funds, to not bring a unit into

compliance with HQS.

Nature of Requirement: 24 CFR

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. 24 CFR 92.206(a)(2)(i) of

the HOME regulations requires that

properties rehabilitated with HOME

Program funds minimally meet the
29890 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

housing quality standards at 24 CFR

882.109.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: August 18, 1995.

Reasons Waived: The waiver was

granted because the State and the

County had outlined their extensive

efforts to complete the rehabilitation of

a specific unit. The owner of the unit

would not grant either entity access to

the property to complete the

rehabilitation. Therefore, it was

determined that there was good cause to

grant the waiver.

16. Regulation: 24 CFR 92.252(a)(2)(i).

Project/Activity: Mercer County a

HOME recipient, on behalf of Lawrence

Township New Jersey, requested a

waiver of the HOME program

regulations at 24 CFR 92.252(a)(2)(i) to

permit Section 811 project rents, which

exceed the low HOME rents, to prevail

for a project partially assisted with

HOME funds.

Nature of Requirement: The

regulations at 24 CFR 92.252(a)(2)(i)

state, ‘‘to obtain the maximum monthly

rent that may be charged for a unit that

is subject to this limitation, the owner

or participating jurisdiction multiplies

the annual adjusted income of the

tenant family by 30 percent and divides

by 12, and if applicable, subtracts a

monthly allowance for any utilities and

services to be paid by the tenant.’’

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: August 18, 1995.

Reasons Waived: The application of

§ 92.252(a)(2)(i) of the HOME

regulations for the Section 811 project

would create an undue hardship for the

Township because a handicapped

housing project would not be developed

in the jurisdiction, and thus adversely

affect the purposes of the Housing and

Community Development Act.

17. Regulation: 24 CFR 92.254(a)(3).

Project/Activity: The Kentucky

Housing Authority requested a waiver of

24 CFR 92.254(a)(3) of the HOME

regulations to increase the rental period

from three to five years.

Nature of Requirement: 24 CFR

92.254(a)(3) which requires a home to

be purchased within 36 months if a

lease-purchase agreement is used in

conjunction with a homebuyer program.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: September 6, 1995.

Reason Waived: HUD determined that

increasing the rental period in this case

from three to five years will provide

tenants the necessary time to succeed in

the required life skills program and

become responsible and reliable

homeowners.

18. Regulation: 24 CFR 92.258.

Project/Activity: The State of North

Dakota requested a waiver of 24 CFR

92.258 of the HOME regulations to

waive the 30 year affordability period

for low-income homebuyers receiving

HOME assistance.

Nature of Requirement: 24 CFR

92.258 provides a limitation on the use

of HOME funds with FHA mortgage

insurance for a period of time equal to

the term of the HUD insured mortgage.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: August 28, 1995.

Reasons Waived: The application of

§ 92.258 of the HOME regulations to the

State’s program would create an undue

hardship for North Dakota and its

potential homeowners, and adversely

affect the purposes of the Act.

19. Regulation: 24 CFR 92.258.

Project/Activity: Suffolk County, New

York requested a waiver of 24 CFR

92.258 of the HOME regulations to

waive the 30 year affordability period

for low-income homebuyers receiving

HOME assistance.

Nature of Requirement: 24 CFR

92.258 provides a limitation on the use

of HOME funds with FHA mortgage

insurance for a period of time equal to

the term of the HUD insured mortgage.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: September 6, 1995.

Reasons Waived: The application of

§ 92.258 of the HOME regulations to the

county program would create an undue

hardship for Suffolk County and its

potential homeowners, and adversely

affect the purposes of the Act.

20. 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 Requirement: The

regulations at 24 CFR 291.400 prohibit

a non-profit 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 & Development.

Dated Granted: August 16, 1995.

Reasons Waived: The waiver will

allow a formerly homeless family more

time to find permanent housing.

21. Regulation: 24 CFR 291.400.

Project/Activity: The Anoka County

Community Action Program requested a

waiver of the 24 month residency for

three tenants in single family properties

leased under the single family property

disposition homeless program.

Nature of Requirement: The

regulations at 24 CFR 291.400 prohibit

a non-profit 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 & Development.

Date Granted: September 6, 1995.

Reasons Waived: The waiver will

allow three formerly homeless families

more time to find permanent housing.

22. Regulation: 24 CFR 511.76(h).

Project/Activity: The City of

Salisbury, North Carolina requested a

waiver of program closeout

requirements of the Rental

Rehabilitation program.

Nature of Requirement: The

regulations at 24 CFR 511.76(h) cite

when proceeds received from Rental

Rehabilitation loans become program

income.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 3, 1995.

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

Salisbury, as a subrecipient of the State,

had 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) &

570.200(a)(5).

Project/Activity: The City of San

Angelo, Texas requested a waiver of 24

CFR 570.200(h) & 570.200(a)(5)

regarding reimbursement of preagreement costs for the renovation of a

building to be used as a one-stop public

health facility.

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 & Development.

Date Granted: July 28, 1995.

Reasons Waived: HUD determined

that failure to grant the waiver would

cause hardship and adversely affect the
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29891

purposes of the Act. The waiver of the

limitations on pre-agreement costs at 24

CFR 570.200(h) & 570.200(a)(5) will

permit the renovation of the building

which will be used for a public health

facility.

24. Regulation: 24 CFR 570.200(h) &

570.200(a)(5) 24 CFR 570.207(b)(4).

Project/Activity: The City of Albany

Georgia requested a waiver of 24 CFR

570.200(h) & 570.200(a)(5) to facilitate

the obligation of disaster recovery funds

by permitting the City to reimburse real

property owners for expenses incurred

on or after the disaster date. The City of

Albany Georgia also requested a waiver

of 24 CFR 570.207(b)(4) to permit it to

carry out a household assistance

program for victims of the disaster.

Nature of Requirement: Under the

regulations a locality is precluded from

obligating CDBG funds before grant

award. Also 24 CFR 570.207(b)(4)

prohibits income payments to

households or individuals.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 31, 1995.

Reasons Waived: HUD determined

that failure to grant the waiver would

cause hardship and adversely affect the

purposes of the Act. The waiver of the

limitations on pre-agreement costs at 24

CFR 570.200(h) & 570.200(a)(5) will

permit the City to implement a plan to

reimburse property owners for expenses

incurred prior to the effective date of its

CDBG emergency supplemental grant.

The second waiver will allow a

household assistance program for those

suffering personal property damage

caused by the tropical storm Alberto.

25. Regulation: 24 CFR 570.200(h) &

570.200(a)(5).

Project/Activity: The City of

Davenport, Iowa requested a waiver of

24 CFR 570.200(h) & 570.200(a)(5)

regarding reimbursement of preagreement costs to permit the City to

complete an acquisition activity.

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 & Development.

Date Granted: August 18, 1995.

Reasons Waived: HUD determined

that failure to grant the waiver would

cause hardship and adversely affect the

purposes of the Act. The waiver of the

limitations on pre-agreement costs at 24

CFR 570.200(h) & 570.200(a)(5) will

permit the city to fund the acquisition,

by a non-profit organization, of a youth

center to serve local youth and function

as a community policing outpost, with

FY 1996, FY 1997 and FY 1998 CDBG

funds.

26. Regulation: 24 CFR 570.200(h) &

570.200(a)(5).

Project/Activity: Sacramento,

California requested a waiver of 24 CFR

570.200(h) & 570.200(a)(5) regarding

reimbursement of pre-agreement costs to

permit the City to carry out street

improvements in a low and moderate

income area in one year instead of in

two phases.

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 & Development.

Date Granted: September 6, 1995.

Reasons Waived: HUD determined

that failure to grant the waiver would

cause hardship and adversely affect the

purposes of the Act. The waiver of the

limitations on pre-agreement costs at 24

CFR 570.200(h) & 570.200(a)(5) will

permit the reimbursement of local

funds, for street improvements to a low

and moderate income area, with FY

1996 and FY 1997 CDBG funds.

27. Regulation: 24 CFR 570.200(h) &

570.200(a)(5).

Project/Activity: Clark County,

Nevada requested a waiver of 24 CFR

570.200(h) & 570.200(a)(5) regarding

reimbursement of pre-agreement costs

for the development of a public facility

to provide recreational facilities for atrisk youth.

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 & Development.

Date Granted: September 18, 1995.

Reasons Waived: HUD determined

that failure to grant the waiver would

cause hardship and adversely affect the

purposes of the Act. The waiver of the

limitations on pre-agreement costs at 24

CFR 570.200(h) & 570.200(a)(5) will

permit the City to develop a facility that

will provide recreational programs to

neighborhood youth. In addition, the

Police Department has a neighborhood

office there as do various county social

service agencies.

28. Regulation: 24 CFR 576.21.

Project/Activity: Monmouth County,

New Jersey requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The County

requested a waiver of the expenditure

limitation of ESG funds on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 10, 1995.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act the 30 cap percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The County

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

29. Regulation: 24 CFR 576.21.

Project/Activity: The State of

Michigan requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The State

requested a waiver of the expenditure

limitation of ESG funds on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 10, 1995.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 cap 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

demonstrated that other eligible

activities will be carried out with other

funds.

30. Regulation: 24 CFR 576.21.

Project/Activity: The municipality of

Caguas, Puerto Rico requested a waiver

of the Emergency Shelter Grants

regulations at 24 CFR 576.21.

Nature of Requirement: The

municipality requested a waiver of the

ESG expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 10, 1995.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 cap 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 municipality

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,
29892 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

therefore, it was determined that the

waiver was appropriate.

31. Regulation: 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 State

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 21, 1995.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 cap percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The State

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

32. Regulation: 24 CFR 576.21.

Project/Activity: Mt. Vernon City,

New York requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The City

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: August 28, 1995.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 cap 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 a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

33. Regulation: 24 CFR 576.21.

Project/Activity: The City of Ft.

Wayne, Indiana requested a waiver of

the Emergency Shelter Grants

regulations at 24 CFR 576.21.

Nature of Requirement: The City

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: September 6, 1995.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 cap 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 a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

34. Regulation: 24 CFR 578.335(e).

Project/Activity: The State of

California on behalf of the California

Department of Housing and Community

Development requested a waiver of 24

CFR 578.335(e) of the conflict of interest

regulations to allow two board members

on a homeless advisory board to

perform work for a permanent housing

project.

Nature of Requirement: 24 CFR

578.335(e) provides the regulations on

conflict of interest for program

participants.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: August 14, 1995.

Reasons Waived: A determination was

made that undue hardship would result

from applying the requirement and

would adversely affect the purposes of

the permanent housing for the

handicapped homeless program.

35. Regulation: 24 CFR 582.803(a)(i).

Project/Activity: The Fort Collins

Housing Authority requested a waiver to

accept as residents, three persons who

were assisted under the Section 8

Certificate program, into a 12 unit SRO

projects.

Nature of Requirement: The

regulations at 24 CFR 882.803(a)(i) state

that housing is not eligible for SRO

assistance if it is, or has been within 12

months before the owner submits a

proposal to the public housing agency,

(PHA), subsidized under any Federal

Housing program.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: September 6, 1995.

Reasons Waived: It was determined

that the financially feasibility of the

project was based on twelve units

receiving rental assistance. The

Assistant Secretary determined that

granting the waiver was the most

effective way of developing the project.

36. Regulation: 24 CFR 882.408(b).

Project/Activity: The Housing

Authority of the City of San Francisco

requested a waiver which would allow

the Housing Authority to utilize a gross

rent for one of its Shelter Plus Care

projects that would exceed the

applicable Fair Market Rent (FMR) by

12 percent.

Nature of Requirement: The SRO

regulations at 24 CFR 882.408(b) state

that, a public housing agency may

approve initial gross rents which exceed

the applicable FMR by up to 10 percent

for all units of a given size in specified

areas. The Department is waiving the

provisions of 24 CFR 882.408(b) which

only allow pre-agreement exception

rents to be approved on an area-wide

basis and which only allow the

exception rent to exceed the moderate

rehabilitation FMR by 10 percent.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 28, 1995.

Reasons Waived: It was determined

that the City had taken all reasonable

actions to reduce the gross rents to

within the applicable FMR. So in order

for project development to proceed the

gross rent was increased beyond the

FMR by 12 percent.

37. Regulation: 24 CFR

882.808(a)(3)(4) & (b)(2).

Project/Activity: The Housing

Authority of Portland Oregon requested

a waiver which would allow the owners

of four SRO structures to maintain

separate waiting lists rather than receive

tenant referrals from the Housing

Authority’s waiting list for SRO

projects.

Nature of Requirement: The SRO

regulations at 24 CFR 882.808(a)(3)(4) &

(b)(2) state that, a public housing agency

waiting list must be used for tenant

referrals to SRO projects.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning & Development.

Date Granted: July 20, 1995.

Reasons Waived: The March 15, 1993,

Interim Rule for the SRO program stated

that the PHA waiting list requirement

was being eliminated. Due to a technical

error this new policy was not

implemented. Since the Department

plans on publishing a technical

amendment which includes this policy,

the waiver was granted.

Note to Reader: The person to be contacted

for additional information about these

waiver-grant items in this listing is: Linda

Campbell, Director, Marketing and Leasing

Management, U.S. Department of Housing

and Urban Development, Office of Public and

Assisted Housing Operations, Room 4206,

451 7th Street, S.W., Washington, D.C.

20410–7000, Telephone: (202) 708–0744

X4020.

38. Regulation: 24 CFR 913.105.

Project/Activity: A request was made

by the Houston, TX, Housing Authority
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(HHA), to admit Low-Income families

other than Very Low Income families in

two post 10/1/81 scattered site projects.

Nature of Requirement: No LowIncome Family other than a Very LowIncome Family shall, after July 1, 1984,

be approved for admission to any unit

in a Public Housing program for which

initial occupancy began on or after

October 1, 1981, except with the prior

approval of HUD.

Granted By: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: October 30, 1995.

Reason Waived: The authorization to

admit Low-Income Families who are not

Very Low-Income Families was granted

to address the HHA’s need to achieve

occupancy by a broad range of income

families throughout the housing

administered by the Authority.

39. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Housing Authority of the City of

Robert Lee, TX (HARL), to permit the

establishment of ceiling rents at the

statutory minimum for its entire

inventory of 42 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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: October 27, 1995.

Reason Waived: The HARL has a long

history of vacancy problems. The HARL

has experienced frequent turnover and

refusals by applicants as 30% 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 HARL

was allowed to establish ceiling rents.

40. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Housing Authority of Warren,

MN (HAW), to permit the establishment

of ceiling rents at the statutory

minimum for its 34 0-bedroom and 36

1-bedroom 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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: October 30, 1995.

Reason Waived: The HAW has

experienced frequent turnover and

refusals by applicants as 30% of their

adjusted monthly income would be

higher than the rents in the private

markets. The waiver was granted to

enable HAW to address this problem

and to assist HAW in achieving a broad

range of income in its developments by

allowing them to attract persons in the

higher ‘‘income limit’’ bracket.

41. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Vermilion County, IL, Housing

Authority (VCHA), to permit the

establishment of ceiling rents at all of its

family developments.

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: November 13, 1995.

Reason Waived: The establishment of

ceiling rents for VCHA will assist

families living in VCHA’s developments

who work or desire to work to better

themselves without being penalized by

having to pay rents which are higher

than those on the private market. This

waiver will allow working families to be

examples to other residents.

42. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Nelson, Nebraska, Housing

Authority to permit the establishment of

ceiling rents for its 20 one-bedroom

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: November 15, 1995.

Reason Waived: The NHA has had a

sustained vacancy problem for several

years. Seven of the 20 one-bedroom

rooms are typically vacant at one time.

The waiver was granted to enable NHA

to address its vacancy problem by

improving its marketability to potential

applicants and to retain more wageearning, low-income applicants who

might otherwise choose to obtain

housing on the private market.

43. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Quincy, IL, Housing Authority

(QHA), to permit the establishment of

ceiling rents at the Section 8 FMR for all

of their family developments.

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: December 1, 1995.

Reason Waived: The establishment of

ceiling rents at QHA will encourage

more residents to seek employment

without the penalty of an increase in

rent. It will aid residents making the

transition from welfare to employment,

or who have obtained higher-paying

jobs. These residents can then serve as

role models to others in the

development.
29894 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices

44. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Housing Authority of Green Bay,

Wisconsin (HAGB), to permit the

establishment of ceiling rents at the

Section 8 FMR for all of its

developments.

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: December 1, 1995.

Reason Waived: The HAGB has

experienced turnover due to families

moving out when their rents began to

exceed those on the private market. The

establishment of ceiling rents would aid

residents who are making the transition

from welfare to employment, or who

have obtained higher-paying jobs. In

order to prevent turnovers due to rent

increases and to attract applicants to

vacant units, the HAGB was allowed to

establish ceiling rents.

45. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Housing Authority of Granite

City, Illinois (HAGC), to permit the

establishment of ceiling rents authoritywide at the statutory minimum.

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: December 4, 1995.

Reason Waived: The HAGC has

experienced vacancy problems due to

families moving out when they become

employed and rents begin to exceed

those on the private market. The

establishment of ceiling rents will

prevent turnovers due to rent increases

and encourage working families to

remain in public housing and become

role models for other residents. It will

aid in the transition from welfare to

employment.

46. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Cuyahoga Metropolitan Housing

Authority (CMHA), Cleveland, OH, to

permit the establishment of authoritywide ceiling rents at the statutory

minimum as part of its Hope VI

Revitalization Plan.

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: December 7, 1995.

Reason Waived: Consistent with the

latitude established in Article X of the

HOPE VI agreement, CMHA was

allowed to establish ceiling rents to

address problems associated with

severely distressed public housing

developments. CMHA has experienced

vacancy problems caused by an exodus

of working families who leave when

their rents exceed those on the private

market. These residents make excellent

role models for others in the

development. The waiver will also

assist CMHA to achieve a broad range of

income and improve its marketability to

potential applicants.

47. Regulation: 24 CFR 913.107(a).

Project/Activity: A request was made

by the Winona, MN, Housing and

Redevelopment Authority (WHRA) to

permit the establishment of ceiling rents

at the FMR for two of its developments.

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 percent of monthly

adjusted income; (2) 10 percent 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: Kevin Emmanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery.

Date Granted: December 13, 1995.

Reason Waived: The WHRA has

experienced vacancy problems due to

families moving out when their rents

exceed those on the private market.

Ceiling rents will permit WHRA to give

higher income residents the opportunity

to transition from welfare to

employment and to plan for

homeownership in the future. Working

families will also serve as role models

in the development.

Note to Reader: The person to be contacted

for additional information about these

waiver-grant items in this listing is: Sonia L.

Burgos, Crime Prevention and Security

Division, Office of Community Relations and

Involvement, U.S. Department of Housing

and Urban Development, Room 4116, 451 7th

Street, S.W., Washington, D.C. 20410–7000,

Telephone: (202) 708–1197.

48. Regulation: 24 CFR 961.10(b)(6).

Project/Activity: Kingsport Housing

Authority (KHA), Kingsport, Tennessee.

Nature of Requirement: 24 CFR

961.10(b)(6), prohibits the use of Public

Housing Drug Elimination Program

(PHDEP) grant funds for the purchase of

a vehicle.

Granted By: Kevin Emanuel

Marchman, Deputy Assistant Secretary,

Distressed and Troubled Housing.

Date Granted: October 20, 1995.

Reason Waived: The housing

authority stated it intends to use a

vehicle to support a variety of drug

elimination activities. The authority has

shown good cause and demonstrated

compliance with applicable regulatory

requirements and it was found there

was good cause to grant a waiver of 24

CFR 961 to purchase a vehicle.

49. Regulation: 24 CFR 961.10(b)(6).

Project/Activity: Housing Authority of

the City of Bainbridge, Georgia.

Nature of Requirement: 24 CFR

961.10(b)(6), prohibits the local Field

Office from granting a waiver of a

regulation.

Granted By: Michael B. Janis, General

Deputy Assistant Secretary.

Date Granted: December 1, 1995.

Reason Waived: To extend PHDEP

grant #GA06DEP0640192 and reprogram

PHDEP funds. The authority has shown

good cause and demonstrated

compliance with applicable regulatory

requirements and it was found there

was good cause to grant a waiver of 24

CFR 961.

50. Regulation: 24 CFR 961.10(b)(6).
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Notices 29895

Project/Activity: Richmond, Virginia

Redevelopment and Housing Authority.

Nature of Requirement: CFR

961.10(b)(6), limits drugs prevention,

intervention and treatment programs to

reduce the use of drugs.

Granted By: Michael B. Janis, General

Deputy Assistant Secretary.

Date Granted: October 5, 1995.

Reason Waived: To facilitate drug

prevention, intervention and treatment

efforts, to include outreach to

community resources and youth

activities, and facilitate bringing these

resources onto the premises, or

providing resident referrals to treatment

programs or transportation to outpatient treatment programs away from

the premises.

51. Regulation: 24 CFR

990.108(b)(2)(iv).

Project/Activity: Mobile Housing

Board, Mobile, AL. In determining the

operating subsidy eligibility, a request

was made for funding more than one

site in a project approved for nondwelling use to promote an anti-drug

program.

Nature of Requirement: The operating

subsidy calculation limits funding for

units removed from the dwelling rental

inventory for economic self-sufficiency

or anti-drug programs to one site per

project.

Granted By: Kevin Emanuel

Marchman, Deputy Assistant Secretary

for Distressed and Troubled Housing

Recovery

Date Granted: December 18, 1995.

Reason Waived: To take into account

the size of developments in a housing

authority when determining the number

of sites funded in a project. Because this

was a large project, a second site was

approved to be used as office space for

probation officers carrying out contract

services under Drug Elimination

Program grants.

[FR Doc. 96–14814 Filed 6–11–96; 8:45 am]

BILLING CODE 4210–32–P