[Federal Register Volume 66, Number 12 (Thursday, January 18, 2001)]
[Notices]
[Pages 5376-5396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1537]
[[Page 5375]]
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Part XIII
Department of Housing and Urban Development
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Regulatory Waiver Requests Granted for the Third Quarter of Calendar
Year 2000; Notice
Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 /
Notices
[[Page 5376]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4591-N-03]
Regulatory Waiver Requests Granted for the Third Quarter of
Calendar Year 2000
AGENCY: Office of the Secretary, HUD.
ACTION: Public Notice of the Granting of Regulatory Waivers from July
1, 2000 through September 30, 2000.
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SUMMARY: Section 106 of the Department of Housing and Urban Development
Reform Act of 1989 (the ``HUD Reform Act''), requires HUD to publish
quarterly Federal Register notices of all regulatory waivers that HUD
has approved. Each notice must cover the quarterly period since the
most recent Federal Register notice. The purpose of this notice is to
comply with the requirements of section 106 of the HUD Reform Act. This
notice contains a list of regulatory waivers granted by HUD during the
quarter beginning on July 1, 2000 and ending on September 30, 2000.
FOR FURTHER INFORMATION CONTACT: For general information about this
notice, contact Camille E. Acevedo, Associate General Counsel for
Legislation and Regulations, Room 10276, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410;
telephone (202) 708-3055 (this is not a toll-free number). Hearing or
speech-impaired persons may access this number via TTY by calling the
toll-free Federal Information Relay Service at 1-800-877-8391.
For information concerning a particular waiver action for which
public notice is provided in this document, contact the person whose
name and address follows the description of the waiver granted in the
accompanying list of waiver-grant actions.
SUPPLEMENTARY INFORMATION: As part of the Housing and Urban Development
Reform Act of 1989 (the ``HUD Reform Act''), the Congress adopted, at
HUD's request, legislation to limit and control the granting of
regulatory waivers by HUD. Section 106 of the HUD Reform Act added a
new section 7(q) to the Department of Housing and Urban Development Act
(42 U.S.C. 3535(q)), which provides that:
1. Any waiver of a regulation must be in writing and must specify
the grounds for approving the waiver;
2. Authority to approve a waiver of a regulation may be delegated
by the Secretary only to an individual of Assistant Secretary rank or
equivalent rank, and the person to whom authority to waive is delegated
must also have authority to issue the particular regulation to be
waived;
3. Not less than quarterly, the Secretary must notify the public of
all waivers of regulations that HUD has approved, by publishing a
notice in the Federal Register. These notices (each covering the period
since the most recent previous notification) shall:
a. Identify the project, activity, or undertaking involved;
b. Describe the nature of the provision waived, and the designation
of the provision;
c. Indicate the name and title of the person who granted the waiver
request;
d. Describe briefly the grounds for approval of the request;
e. State how additional information about a particular waiver grant
action may be obtained.
Section 106 of the HUD Reform Act also contains requirements
applicable to waivers of HUD handbook provisions that are not relevant
to the purpose of this notice. Today's document follows publication of
HUD's Statement of Policy on Waiver of Regulations and Directives
issued by HUD on April 22, 1991 (56 FR 16337). This notice covers HUD's
waiver-grant activity from July 1, 2000 through September 30, 2000.
Additionally, this notice contains one report of a regulatory waiver
granted from March 1, 2000 through June 30, 2000 that was inadvertently
omitted from the last notice. The report can be found in Section IV of
this notice with respect to a waiver granted in connection with 24 CFR
950.980.
For ease of reference, the waivers granted by HUD are listed by HUD
program office (for example, the Office of Community Planning and
Development, the Office of Housing, the Office of Public and Indian
Housing, etc.). Within each program office grouping, the waivers are
listed sequentially by the section of title 24 being waived. For
example, a waiver-grant action involving the waiver of a provision in
24 CFR part 58 would come before a waiver of a provision in 24 CFR part
570.
Where more than one regulatory provision is involved in the grant
of a particular waiver request, the action is listed under the section
number of the first regulatory requirement in title 24 that is being
waived as part of the waiver-grant action. For example, a waiver of
both Sec. 58.73 and Sec. 58.74 would appear sequentially in the listing
under Sec. 58.73.
Waiver-grant actions involving the same initial regulatory citation
are in time sequence beginning with the earliest-dated waiver grant
action.
Should HUD receive additional reports of waiver actions taken
during the period covered by this report before the next report is
published, the next updated report will include these earlier actions,
as well as those that occurred between October 1, 2000 through December
31, 2000.
Accordingly, information about approved waiver requests pertaining
to HUD regulations is provided in the Appendix that follows this
notice.
Dated: January 10, 2001.
Andrew Cuomo,
Secretary.
Appendix--Listing of Waivers of Regulatory Requirements Granted by
Offices of the Department of Housing and Urban Development July 1,
2000 Through September 30, 2000
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly before each set of waivers granted.
The regulatory waivers granted appear in the following order:
I. Regulatory Waivers granted by the Office of Community
Planning and Development.
II. Regulatory Waivers granted by the Office of Community
Planning and Development and the Office of Public and Indian
Housing.
III. Regulatory Waivers granted by the Office of Housing.
IV. Regulatory Waivers granted by the Office of Multifamily
Housing Assistance Restructuring.
V. Regulatory Waivers granted by the Office of Public and Indian
Housing.
I. Regulatory Waivers Granted by the Office of Community Planning
and Development:
For further information about the following waiver actions, please
see the name of the person which immediately follows the description of
the waiver granted.
Regulation: 24 CFR 58.34(b) and 24 CFR 58.38.
Project/Activity: Housing rehabilitation and housing acquisition
projects, Ohkay Owingeh Housing Authority and the San Juan Pueblo
Tribe, San Juan Pueblo, New Mexico.
Nature of Requirement: HUD's regulation at 24 CFR 58.34(b) states
that a recipient does not have to submit a Request for Release of Funds
and certification, and that no further approval from HUD will be needed
to carry out exempt activities and projects, provided the responsible
entity documents its determination that each activity or project is
exempt.
[[Page 5377]]
Additionally, 24 CFR 58.38 requires the responsible entity to maintain
a written record of the environmental review for each project. This
document will be designated the Environmental Review Record, which
shall contain all environmental review documents, public notices and
written determinations or environmental findings required by part 58,
decision making and actions pertaining to a particular project.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: July 28, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Ohkay Owingeh Housing Authority made several errors during
the environmental review and clearance process required by 24 CFR part
58 that resulted in the Housing Authority obligating and expending
grant funds for the project before a determination by the San Juan
Pueblo that the activities were exempt. HUD made a determination that
there was no statutory or regulatory provision that would have
prevented conversion of these activities to exempt. Therefore, this
waiver was needed in order to permit the San Juan Pueblo to complete
the environmental review process by documenting that the activities are
exempt under 24 CFR part 58, after the obligation of HUD funds. HUD
also determined that no environmental degradation resulted from the
regulatory noncompliance and that no mitigation activities would be
necessary since no environmental damage or potential problems were
identified. Considering the above, HUD determined that a waiver of the
regulatory requirements would maintain the integrity of HUD's
environmental review process and was consistent with Executive Order
12084 that encourages flexibility in the consideration of waiver
requests from tribal governments.
Contact: Bruce Knott, Director, Office of Grants Evaluation,
National Office of Native American Programs (ONAP), Department of
Housing and Urban Development, 1999 Broadway--Suite 3390, Denver,
Colorado 80202, Telephone: (303) 675-1600.
Regulation: 24 CFR 91.520.
Project/Activity: The County of Essex, New Jersey requested a
waiver of the submission deadline for the County's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The County requested the waiver because of difficulties
resulting from medical emergencies experienced by the Acting Director
and staff responsible for Consolidated Annual Performance Evaluation
Report (CAPER) preparation.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Cumberland, Maryland requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested the waiver because the lead person
responsible for completing the CAPER, as well as inputting data in
IDIS, has been summoned for jury duty in Federal District Court for the
next four months.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The State of Nebraska requested a waiver of the
submission deadline for the State's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 31, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The State requested the waiver because of staff turnover and
IDIS development delays that impacted the ability to comply with
beneficiary reporting requirements.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The County of Los Angeles, California requested a
waiver of the submission deadline for the County's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 13, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The County requested the waiver because of technical problems
with the Community Development Commission's financial management
system.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: Baltimore County, Maryland requested a waiver of
the submission deadline for the County's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 13, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The County requested the waiver because of staff turnover and
the need for additional time to allow new staff to become familiar with
the CAPER submission process.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of San Angelo, Texas requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
[[Page 5378]]
Date Granted: September 13, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested the waiver because of staffing problems due
to the resignation of one staff member and need for surgery by another
staff member.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Hamden, Connecticut requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 14, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested the waiver because the City is rebuilding
records to eliminate inconsistencies in its 1998 CAPER. This effort has
not allowed the staff to focus on preparing the current 1999 CAPER.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Nashua, New Hampshire requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested the waiver because of staff turnover and the
delay in receiving audited financial figures necessary for
reconciliation.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Portland, Oregon requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested the waiver as a result of recent staff
turnover in the Portland Development Commission's CDBG staff. This did
not provide sufficient time for the staff to review the CAPER reporting
information and reconcile it with the City's records before the
submission deadline.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Vancouver, Washington requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: 24 CFR 91.520 requires each grantee to
submit a performance report to HUD within 90 days after the close of
the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested the waiver due to delays caused by changes
in key personnel and the need to reprogram funds and correct data in
IDIS to ensure accurate information.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Norwalk, California requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time for preparing the CAPER due
to resignation of staff and unfilled vacancies.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Moreno Valley, California requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because its newly installed
financial management system caused delays in the availability of the
City's final expenditure data for reconciliation with data in IDIS.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Tulare, California requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of the office's
recent move to a new facility that included relocating and upgrading
the computer mainframe, the network, and personal computers. This move
delayed computer operations needed to produce accurate IDIS data for
the CAPER.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
[[Page 5379]]
Regulation: 24 CFR 91.520.
Project/Activity: The City of Modesto, California requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time due to vacancies and changes
in key staff positions that are responsible for preparing the CAPER.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Napa, California requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because staff resources were
diverted to cope with the aftermath of a serious earthquake that
damaged many city businesses and residences.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Elizabeth, New Jersey requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of the delay in
submitting its Consolidated Plan and to ensure that the required public
comment period for the CAPER will be satisfied.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Camden, New Jersey requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time due to staff shortages.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of East Orange, New Jersey requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of staff
difficulties resulting from the downsizing of the Planning Department,
which is responsible for the preparation of the CAPER.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Stamford, Connecticut requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of a staff turnover,
which resulted in a delay in generating IDIS reports.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
sbull Regulation: 24 CFR 91.520.
Project/Activity: The City of New Britain, Connecticut requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of renovation of the
City's Office of Municipal Development and the reorganization of its
staff. Office files have been moved and displaced making it difficult
for the staff to have efficient access to information on grantee
activities.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of New London, Connecticut requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of the loss of two
key finance staff. The two individuals provided the critical
information required to
[[Page 5380]]
complete the reconciliation of programmatic and financial records.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Weirton, West Virginia requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time due to staff turnover.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Petersburg, Virginia requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of staff turnover.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Virginia Beach, Virginia requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time for key staff to review the
report and allow for public comment.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Charlottesville, Virginia requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time due to staff turnover.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Bristol, Virginia requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because of internal delays
in obtaining accounting information.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Portsmouth, Virginia requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time due to recent staff
turnover.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: Chesterfield County, Virginia requested a waiver
of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The County requested additional time due to recent staff
turnover.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Philadelphia, Pennsylvania requested
a waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because the City's fiscal
year closing adjustments will not be released in sufficient time to
allow the office responsible for report preparation to obtain
information needed to complete the CAPER before the deadline.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
[[Page 5381]]
Regulation: 24 CFR 91.520.
Project/Activity: The City of Scranton, Pennsylvania requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time due to computer system
failure.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Dover, Delaware requested a waiver of
the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because the staff person
directly responsible for preparing the CAPER has been on sick leave.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 91.520.
Project/Activity: The City of Baltimore, Maryland requested a
waiver of the submission deadline for the City's 1999 CAPER.
Nature of Requirement: HUD's regulation at 24 CFR 91.520 requires
each grantee to submit a performance report to HUD within 90 days after
the close of the grantee's program year.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reasons Waived: HUD determined that there was good cause for the
waiver. The City requested additional time because the accounting
records are not released in sufficient time to allow the City to
complete the CAPER.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 92.205.
Project/Activity: The Kentucky Housing Corporation requested a
waiver of the provision to permit less than a $1,000 minimum HOME
investment per unit.
Nature of Requirement: HUD's regulation at 24 CFR 92.205 requires
that the minimum of HOME funds that may be invested in a project is an
average of $1,000 per unit.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 7, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. KHC provided justification that less than $1,000 was needed to
assist homebuyers. Without a waiver these recipients would be either
disqualified from becoming homebuyers or they would be over-subsidized
in order to receive the HOME assistance.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulations: 24 CFR 92.205, 92.503(b)(2).
Project/Activity: The Kentucky Housing Corporation requested a
waiver of provisions regarding termination of a project prior to
completion and the subsequent repayment requirement.
Nature of Requirement: HUD's regulations at 24 CFR 92.205 and
92.503(b)(2) require that a HOME unit that is terminated before
completion, either voluntarily or otherwise, constitutes an ineligible
activity and any HOME funds invested must be repaid.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: July 20, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The homeowner died prior to completion of construction and no
further work on the home was done.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 92.214(a)(8).
Project/Activity: The City of Taylorsville, Utah requested
permission to use HOME funds for acquisition of a parcel of land
located within its boundaries, but owned by Salt Lake County. The City
plans to move an existing home on the subject site which will be sold
to a low income family.
Nature of Requirement: HUD's regulation at 24 CFR 92.214(a)(8)
prohibits grantees from using HOME funds to pay for the acquisition of
property owned by the participating jurisdiction, except for property
acquired by the PJ with HOME funds, or property acquired in
anticipation of carrying out a HOME project.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 31, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver since the transaction would assist the City in its effort to
provide an affordable unit for a low income family.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 92.251.
Project/Activity: North Dakota counties and Indian reservation
communities requested a waiver of the HOME provision which requires
HOME-assisted housing to meet the applicable codes, standards, and
ordinances specified.
Nature of Requirement: HUD's regulation at 24 CFR 92.251 requires
that housing that is constructed or rehabilitated with HOME funds must
meet all applicable local codes, rehabilitation standards, ordinances,
and zoning ordinances at the time of project completion.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 31, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The State of North Dakota requested this waiver in order to
allow for the use of HOME funds for emergency repairs on damaged
housing within the disaster area. Funding sources are inadequate to
address the housing needs that exist within the disaster area. The
State would like to use HOME funds to assist in addressing this need.
HUD therefore determined that this provision creates undue hardship for
the communities and families in need of disaster-related assistance.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
[[Page 5382]]
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 570.200(h)(1).
Project/Activity: The City of Coral Springs, Florida requested a
waiver to allow the City to use CDBG funds to reimburse administrative
costs incurred for the planning and preparation of its first
Consolidated Plan as a new Entitlement community.
Nature of Requirement: HUD's regulation at 24 CFR 570.200(h)(1)
states that a grantee may only use CDBG funds to pay pre-award costs
if, among other things, the activity for which the costs are being
incurred is included in a Consolidated Plan or an amended Consolidated
Plan prior to the costs being incurred.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: July 28, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City is a new Entitlement community. Failure to grant the
waiver would result in undue hardship and affect the benefits to the
low- and moderate-income population of the City. Further, the
authorization for new grantees to pay for planning and administrative
start-up costs with CDBG funds was inadvertently omitted during the
November 1995 revision to the CDBG regulations.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 570.200(h)(1).
Project/Activity: The City of Deerfield Beach, Florida requested a
waiver to allow the City to use CDBG funds to reimburse administrative
costs incurred for the planning and preparation of its first
Consolidated Plan as a new Entitlement community.
Nature of Requirement: HUD's regulation at 24 CFR 570.200(h)(1)
states that a grantee may only use CDBG funds to pay pre-award costs
if, among other things, the activity for which the costs are being
incurred is included in a Consolidated Plan or an amended Consolidated
Plan prior to the costs being incurred.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 27, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City is a new Entitlement community. Failure to grant the
waiver would result in undue hardship and affect the benefits to the
low- and moderate-income population of the City. Further, the
authorization for new grantees to pay for planning and administrative
start-up costs with CDBG funds was inadvertently omitted during the
November 1995 revision to the CDBG regulations.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 576.21(b)(2).
Project/Activity: Hennepin County, Minnesota requested a waiver of
the 30 percent limitation on essential services in its ESG program.
Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2)
implements the statutory requirement that no more than thirty percent
of the Emergency Shelter Grant funds be expended for essential
services. This regulatory section also notes that the statute (42
U.S.C. 11374) also permits waiver of this requirement if the grantee
demonstrates that other eligible activities are already being carried
out in the locality with other resources.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: July 10, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Hennepin County provided documentation to support its claim
that alternative funding for rehabilitation, operating costs and other
eligible activities is available. The waiver allows Hennepin County to
spend up to 100 percent of its FY 1999 and FY 2000 grants on essential
services.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 576.21(b)(2).
Project/Activity: The Municipality of Caguas, Puerto Rico requested
a waiver of the 30 percent limitation on essential services in its ESG
program.
Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2)
implements the statutory requirement that no more than thirty percent
of the Emergency Shelter Grant funds be expended for essential
services. This regulatory section also notes that the statute (42
U.S.C. 11374) also permits waiver of this requirement if the grantee
demonstrates that other eligible activities are already being carried
out in the locality with other resources.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Caguas provided documentation to HUD to support the
Municipality's claim that it is meeting its demand for other activities
through funding from the United Way, the Department of Health, and
local funds.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 576.21(b)(2).
Project/Activity: Onondago County, New York requested a waiver of
the 30 percent limitation on essential services in its ESG program.
Nature of Requirement: HUD's regulation at 24 CFR 576.21(b)(2)
requires that no more than 30 percent of ESG grant funds be expended
for essential services.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 31, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Onondaga County provided documentation to HUD to support its
claim of that other present needs for the County's ESG funds exist. The
County may spend up to 58.67 percent of its funds for essential
services.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 576.35(b).
Project/Activity: The City of Minneapolis, Minnesota requested a
waiver regarding the time frame for expenditure of its FY 1998
Emergency Shelter Grant (ESG) funds.
Nature of Requirement: HUD's regulation at 24 CFR 576.35(b)
requires recipients to expend ESG funds within two years of HUD's
award.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: July 28, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City experienced unexpected delays in several
rehabilitation projects. Failure to grant the waiver would adversely
affect the City's ability to serve the homeless. HUD extended the date
for the City to expend its 1998 funds to on or about July 15, 2000.
[[Page 5383]]
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 882.408(b).
Project/Activity: The Metro Dade, Florida Housing Agency requested
a waiver of the limitation on the initial Gross Rent for a Single Room
Occupancy (SRO) property. The proposed rent would exceed the current
Moderate Rehabilitation SRO Fair Market Rent (FMR) by more than 10%.
Nature of Requirement: HUD's regulation at 24 CFR 882.408(b) allows
a housing agency to approve initial gross rents which exceed the
applicable FMR by up to 10 percent for all units of a given size in
specified areas.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: September 5, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Higher rents were necessitated by development obstacles such as
change in sites, change in owner/developer and delay in obtaining
financial resources.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
Regulation: 24 CFR 882.805(d)(1)(ii)(B).
Project/Activity: The San Francisco, California Housing Authority
requested a waiver of the Single Room Occupancy (SRO) requirement on
the maximum amount allowed per unit for rehabilitation.
Nature of Requirement: HUD's regulation at 24 CFR
882.805(d)(1)(ii)(B) allows an SRO recipient to multiply the maximum
per unit rehabilitation amount by 2.4 in areas where the Housing
Authority has demonstrated to HUD's satisfaction that the increase is
reasonable to accommodate special local conditions, including high
construction costs. In the case of San Francisco, this would allow a
maximum rehabilitation costs of $42,840.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development.
Date Granted: August 30, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City documented the high cost of the project and the
difficulty in finding and acquiring suitable properties for the SRO
program. The City further stated that the property is almost 90 years
old and needs extensive rehabilitation to meet current building and
accessibility code standards. The final per unit rehabilitation cost
for this project is projected to be $69,311, well above the maximum
approvable cost.
Contact: Cornelia Robertson-Terry, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room 7152, Washington, DC 20410; telephone (202) 708-2565.
II. Regulatory Waivers Granted by the Office of Community Planning
and Development and the Office of Public and Indian Housing
For further information about the following waiver actions, please
see the name of the person which immediately follows the description of
the waiver granted.
Regulation: 24 CFR 50.3(h)(3) and 1000.20(a).
Project/Activity: Acquisition of 10 Operation Walking Shield
housing units, Flandreau Santee Sioux Tribe and Flandreau Santee Sioux
Housing Authority, Flandreau, South Dakota.
Nature of Requirement: HUD's regulation at Sec. 50.3(h) requires
that for HUD grant programs in which funding approval for an
applicant's program must occur before the applicant's selection of
properties an applicant must agree to not acquire, rehabilitate,
convert, lease, repair or construct property, nor commit or expend HUD
or local funds until HUD approval of the property is obtained. HUD's
regulation at Sec. 1000.20(a) requires an environmental review be
completed for any Native American Housing Assistance and Self-
Determination Act project not excluded from review before a recipient
may acquire, rehabilitate, convert, lease, repair or construct
property, or commit HUD or local funds.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development and Harold Lucas, Assistant Secretary for
Public and Indian Housing.
Date Granted: July 31, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Flandreau Santee Sioux Housing Authority used NAHASDA funds
to acquire, rehabilitate and lease the subject Walking Shield units
before receiving HUD approval of the property as required by 24 CFR
50.3(h)(3) and before HUD completed an environmental review. HUD has
since completed the environmental review for the project. In order to
satisfactorily resolve the issue, waivers of the provisions of 24 CFR
50.3(h)(3) and 1000.20(a) are necessary. HUD also determined that no
environmental degradation resulted from the regulatory noncompliance
and that no mitigation activities would be necessary since no
environmental damage or potential problems were identified. Considering
the above, HUD determined that a waiver of the regulatory requirements
would maintain the integrity of HUD's environmental review process and
was consistent with Executive Order 12084 that encourages flexibility
in the consideration of waiver requests from tribal governments.
Contact: Bruce Knott, Director, Office of Grants Evaluation,
National Office of Native American Programs (ONAP), Department of
Housing and Urban Development, 1999 Broadway--Suite 3390, Denver,
Colorado 80202, Telephone: (303) 675-1600.
sbull Regulation: 24 CFR 50.17 and 1000.20(a).
Project/Activity: Construction of 15 housing units with residual
1937 Housing Act funds under the Native American Housing Assistance and
Self-Determination Act (NAHASDA), Upper Sioux Tribe, Granite Falls,
Minnesota.
Nature of Requirement: HUD's regulation at Sec. 50.17 requires that
an environmental assessment and finding of no significant impact or an
environmental impact statement be completed before the applicable
decision points for projects not exempt or categorically excluded from
environmental review requirements. HUD's regulation at Sec. 1000.20(a)
requires that an environmental review be completed for any NAHASDA
project not excluded from review before a recipient may acquire,
rehabilitate, convert, lease, repair or construct property, or commit
HUD or local funds.
Granted By: Cardell Cooper, Assistant Secretary for Community
Planning and Development and Harold Lucas, Assistant Secretary for
Public and Indian Housing.
Date Granted: Granted by Mr. Cooper on July 27, 2000 and by Mr.
Lucas on July 28, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Upper Sioux Tribe made several errors during the
environmental review and clearance process required by 24 CFR part 58
that resulted in the tribe obligating and expending grant funds for the
project before HUD's approval of the Request for Release of Funds and
Certification, form HUD 7015.15. HUD made a determination based upon
these actions to conduct an environmental review according to 24 CFR
part 50. A HUD environmental review at this point would be after the
execution of the Indian Housing Block Grant Agreement for this project.
Therefore, a waiver is
[[Page 5384]]
necessary to allow HUD to conduct the review and resolve the issue. HUD
also determined that no environmental degradation resulted from the
regulatory noncompliance and that no mitigation activities would be
necessary since no environmental damage or potential problems were
identified. Considering the above, HUD determined that a waiver of the
regulatory requirements would maintain the integrity of HUD's
environmental review process and was consistent with Executive Order
12084 that encourages flexibility in the consideration of waiver
requests from tribal governments.
Contact: Bruce Knott, Director, Office of Grants Evaluation,
National Office of Native American Programs (ONAP), Department of
Housing and Urban Development, 1999 Broadway--Suite 3390, Denver,
Colorado 80202, Telephone: (303) 675-1600.
III. Regulatory Waivers Granted by the Office of Housing
For further information about the following waiver actions, please
see the name of the person which immediately follows the description of
the waiver granted.
Regulation: 24 CFR 202.3(c)(2)(iii).
Project/Activity: Credit Watch/Termination Threshold.
Nature Of Requirement: HUD's regulation at 24 CFR 202.3(c)(2)(iii)
establishes a default and claim rate threshold for HUD/FHA approved
mortgagees on credit watch status.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner
Date Granted: August 21, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Waiving the regulation permits HUD/FHA to initially focus on
those lenders originating the worst performing loans. The waiver will
adjust the Credit Watch threshold from being between 150% and 200.9% of
the HUD field office default and claim rate to being between 200% and
300.9% of that rate. This waiver is limited to Credit Watch reviews
conducted in the third quarter of FY 2000.
Contact: Joy Hadley, Director, Quality Assurance Division,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room B133-P3214, Washington, DC 20410, telephone (202) 708-2830.
Regulation: 24 CFR 891.100(d).
Project/Activity: Lakeview Senior Apartments, Carmel, New York,
Project Number: 012-EE245/NY36-S981-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The sponsor had exhausted all efforts to secure secondary
funding from outside sources, and the project was economically designed
and comparable to similar projects developed in the area.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Good Shepherd, Blair, Nebraska, Project Number:
103-E018/NE26-S981-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 4, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The owner had received a $65,000 grant from the Federal Housing
Finance Board, the project was comparable in cost to similar projects,
and the sponsor could not contribute any additional funds.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Centerplace III, New Albany, Indiana, Project
Number: 073-HD048/IN36-Q981-002.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 8, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The development costs were comparable to other similar projects
recently developed in Indiana and the project was of modest design.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Castleton Homes, Lanham, Maryland, Project
Number: 000-HD041/MD39-Q981-003.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 11, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project required replacement of the HVAC systems in all
three houses which had significantly increased costs.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Bishop Daly Gardens, Uniondale, New York, Project
Number: 012-EE249/NY36-S981-005.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 16, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was economically designed and comparable in cost to
similar projects, and the sponsor could not contribute any additional
funds.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Turlock Silvercrest, Turlock, California, Project
Number: 121-EE112/CA39-S981-005.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 21, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The contractor could not build the project within the fund
reservation amount.
[[Page 5385]]
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: VOA Riverside 10, Fort Worth, Texas, Project
Number: 113-HD015/TX1-Q971-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 21, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was modestly designed and comparable to similar
projects in the area, and the sponsor had exhausted all means of
obtaining additional funds for the is project.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Saint Paul the Apostle Senior Housing, Corona,
New York, Project Number: 012-EE254/NY36-S981-010.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 21, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was modest in design, comparable to similar
projects in the area, and the sponsor had made every attempt to secure
additional funding from outside sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Cambridge Apartments, Rutledge, Tennessee,
Project Number: 087-EE036/TN37-S981-004.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 22, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The owner had contributed the required minimum capital
investment and purchased the site, the project was comparable in cost
to similar projects, and the sponsor could not contribute any
additional funds.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: St. Peter's Place II, Phoenixville, Pennsylvania,
Project Number: 034-EE070/PA26-S971-002.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was modest in design, comparable to similar
projects in the area and the owner had secured $230,000 from the
Federal Home Loan Bank Board and $100,000 from the Chester County
Office of Housing and Community Development.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulation: 24 CFR 891.100(d).
Project/Activity: Homes With Hope, Westport, Connecticut, Project
Number: 017-HD015/CT26-Q961-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 26, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was modest in design, comparable to similar
projects in the area and the sponsor/owner had exhausted attempts in
obtaining funds from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulations: 24 CFR 891.100(d)and 891.165.
Project/Activity: Alice Williams Towers II, Atlanta, Georgia,
Project Number: 061-EE065/GA06-S971-009.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing. HUD's regulation at 24 CFR 891.165 provides that the
duration of a capital advance fund reservation is 18 months from the
date of issuance with limited exceptions up to 24 months as approved by
HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 4, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was delayed to allow the sponsor and contractor
time to prepare a new construction cost estimate and to obtain zoning
approval. The project was also modest in design, comparable to similar
projects developed in the area, the sponsor/owner had made every
attempt to secure additional funding from outside sources, and the
sponsor/owner had exhausted their resources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulations: 24 CFR 891.100(d) and 891.165.
Project/Activity: HIS/Elois McCoy Village Apartments, Chicago,
Illinois, Project Number: 071-EE115/IL06-S961-006.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing. HUD's regulation at 24 CFR 891.165 provides that the
duration of a capital advance fund reservation is 18 months from the
date of issuance with limited exceptions up to 24 months as approved by
HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 11, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The contractor increased his prices and the sponsor had
exhausted all efforts to find additional funds from other sources.
Additional time was needed to reprocess the firm commitment due to
[[Page 5386]]
the increase in construction costs and to initially endorse the
project.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulations: 24 CFR 891.100(d) and 891.165.
Project/Activity: Selfhelp/United Help Kissena Apartments,
Flushing, New York, Project Number: 012-EE224/NY36-S971-011.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing. HUD's regulation at 24 CFR 891.165 provides that the
duration of a capital advance fund reservation is 18 months from the
date of issuance with limited exceptions up to 24 months as approved by
HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 11, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project encountered delays in securing zoning approvals,
the project was economically designed, comparable to similar projects
developed in the area, and the sponsor/owner had exhausted their
resources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone:(202) 708-
3000.
Regulations: 24 CFR 891.100(d) and 891.165.
Project/Activity: ASI-Missoula, Missoula, Montana, Project Number:
93-HD013/MY99-Q961-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing. HUD's regulation at 24 CFR 891.165 provides that the
duration of a capital advance fund reservation is 18 months from the
date of issuance with limited exceptions up to 24 months as approved by
HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 21, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The owner encountered delays due to the loss of two sites for
the project and the death of the specialist who had been working very
diligently on the project. The project was economically designed,
comparable to other similar projects developed in the jurisdiction, and
the owner had exhausted all possible efforts to obtain additional
funds.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulations: 24 CFR 891.100(d) and 891.165.
Project/Activity: Pomperaug Senior Housing, Southbury Twp.,
Connecticut, Project Number: 017-EE040/CT26-S971-008.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing. HUD's regulation at 24 CFR 891.165 provides that the
duration of a capital advance fund reservation is 18 months from the
date of issuance with limited exceptions up to 24 months as approved by
HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 26, 2000.
Reason Waived: HUD determined that there was good cause for the
waivers. Delays were due to the owner obtaining design approval from
the town of Southbury Planning and Zoning Commission. In addition, the
project was modest in design, comparable to similar projects developed
in the area, and the owner had made every attempt to secure additional
funding from other sources.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulations: 24 CFR 891.100(d) and 891.165.
Project/Activity: Cold Spring House, Forstburgh, New York, Project
Number: 012-HD075/NY36-Q971-004.
Nature Of Requirement: HUD's regulation at 24 CFR 891.100(d)
prohibits amendment of the capital advance fund reservation prior to
initial closing. HUD's regulation at 24 CFR 891.165 provides that the
duration of a capital advance fund reservation is 18 months from the
date of issuance with limited exceptions up to 24 months as approved by
HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 26, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The owner was unable to obtain additional funds, and the
project would receive complete property tax exemption from the locality
as well as support service funding from the state. Additionally, a
delay of over one year was encountered due to issues associated with
the incorporation of the owner.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.105 and 891.410(c).
Project Activity: Sugarloaf Village, Diamond City, Arkansas,
Project Number 082-EE091.
Nature of Requirement: HUD regulations at 24 CFR Part 891 require
that occupancy be limited to Very Low Income (VLI) elderly persons
(i.e., households composed of one or more persons at least one of whom
is 62 years of age at time of initial occupancy).
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 12, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Little Rock Multifamily Program Center requested an age and
income waiver for this Section 202/PRAC project. The project is only
4.3 percent occupied after 11 months of occupancy and is unable to
attract sufficient elderly tenants because of insufficient local
demand. These waivers will allow project management flexibility in
attempting to rent up vacant units, thereby maintaining project
viability and preventing foreclosure of the project. The waivers will
allow elderly and near-elderly families and individuals who are at or
over the age of 55 and low income to apply for admission to the project
in addition to very low elderly families who will continue to receive
an admissions preference.
Contact: Frank M. Malone, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 6160, Washington, DC 20410; telephone (202) 708-3730.
Regulation: 24 CFR 891.120(b), 891.310(b)(1) and (b)(2).
Project/Activity: Options Supported Housing Project V, Scattered
Site: Huntington, Huntington Sta., Centereach and Selden, New York,
Project Number: 012-HD085/NY36-Q981-006.
[[Page 5387]]
Nature Of Requirement: HUD's regulations at 24 CFR 891.120(b),
891.310(b)(1) and (b)(2) govern accessibility standards for the Section
811 program.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 11, 2000.
Reason Waived: HUD determined there was good cause for the waiver.
The project consisted of acquisition with rehabilitation of four group
homes for persons with chronic mental illness. One of the sites was
designed to be accessible for persons with mobility impairments. To
make all units fully accessible for persons with mobility impairments
would make the project, as a whole, financially unfeasible. The
consumers served under the sponsor's existing programs did not
generally require accessible housing, therefore accessibility of the
one site was more than adequate for potential residents.
Contact: Willie Spearmon, Director, Office Of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410-7000, telephone: (202)
708-3000.
Regulation: 24 CFR 891.165.
Project/Activity: Abraham Lincoln Center, Chicago, Illinois,
Project Number: 071-HD095/IL06-Q961-010.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 13, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The City had required the sponsor to obtain the approval of
each alderman and the alderman had, in turn, required the approval of
each of the communities involved.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Eaton Knolls, Town of Islip, New York, Project
Number: 012-HD076/NY36-Q971-005.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Problems were discovered with the title policy which have
subsequently been resolved to the satisfaction of all parties.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Accessible Space, Inc., Birmingham, Alabama,
Project Number: 062-HD041/AL09-Q981-004.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 3, 2000.
Reason Waived: HUD determined that there was good cause to grant
this waiver. The project had been delayed due to neighborhood
opposition.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Ryder Assisted Care II, Humacao, Puerto Rico,
Project Number: 065-HD010/RQ46-Q961-003.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 3, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Time delays were directly attributable to third parties since
required local government endorsements took more than a year to be
approved.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: St. Anthony Homes, Baltimore, Maryland, Project
Number: 052-HD029/MD06-Q971-003.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 4, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Additional time was needed to prepare and submit the initial
closing package.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Moorestown Consumer Home, Philadelphia,
Pennsylvania, Project Number: 035-HD038/NJ39-Q971-077.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 10, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The sponsor could not secure control of the site identified,
had to secure bridge financing. Additionally, HUD required the sponsor
to hire an architect due to the nature and amount of work involved.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Royale Gardens, Chicago, Illinois, Project
Number: 071-EE125/IL06-S961-016.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
[[Page 5388]]
Date Granted: August 11, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project had been delayed due to the City of Chicago
imposing new requirements regarding detailed breakdowns for landscaping
costs.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Hogar Aurora, Aibonito, Puerto Rico, Project
Number: 056-HD015/RQ46-Q971-002.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 11, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The delay in initial closing was directly attributable to the
high cost of construction on the island and the lack of an available
contractor to develop the project within the cost limits.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Three Bridges, Philadelphia, Pennsylvania,
Project Number: 031-EE042/NJ39-S961-008.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 16, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was pending a judicial decision concerning
settlement of a dispute regarding site control.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: ARC Housing, Wauwatosa, Wisconsin, Project
Number: 075-HD053/WI39-Q971-004.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 16, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The sponsor needed additional time to work out the completion
and submission of the closing documents. Additionally, the sponsor
experienced problems with lead based paint removal, underground storage
tanks, an elevator and relocation.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Absecon Consumer Home, Philadelphia,
Pennsylvania, Project Number: 031-HD084/NJ39-Q971-009.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 16, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The sponsor had to locate a new site for the project and this
was the sponsor's first experience with modular units (which it was
using to replace the existing facility on the site and hoped to
replicate in the future).
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Ft. Washington Adventist Apartments--New Life
Homes, Albuquerque, New Mexico, Project Number: 116-HD015/NM16-Q001-
001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 30, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project had been delayed due to zoning issues and the need
for local government approval of its water/sewer classification.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Ray Rawson Villa, Las Vegas, Nevada, Project
Number: 125-HD064/NV25-Q971-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 30, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project experienced delays while the sponsor raised funds
to meet the increased construction costs.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Timothy Place, Plum Borough, Allegheny County,
Pennsylvania, Project Number: 033-HD048/PA28-Q971-010.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: August 30, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The first two approved sites were abandoned due to the
sponsor's inability to secure additional sewer taps through the
Department of Environmental Protection and to obtain a zoning variance
from the local government.
[[Page 5389]]
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Sumac Trail Apartments, Milwaukee, Wisconsin,
Project Number: 075-HD050/WI39-Q971-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 8, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Additional time was needed by the sponsor to correct
deficiencies to their firm commitment application.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: New Opportunities For Waterbury, Waterbury,
Connecticut, Project Number: 017-HD008.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary For Housing-
Federal Housing Commissioner.
Date Granted: September 12, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Additional time was needed by the sponsor to secure control of
two of the four sites.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.165.
Project/Activity: Nashville Supportive Housing Development,
Nashville, Tennessee, Project Number: 086-HD016/TN43-Q971-001.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary For Housing-
Federal Housing Commissioner.
Date Granted: September 25, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The sponsor was unable to secure proper zoning on the original
site and had to locate an alternate site.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.525.
Project/Activity: Brooklyn Home for Aged People, New York, New
York, Project Number: 012-EH059/NY36-T781-032.
Nature Of Requirement: HUD's regulation at 24 CFR 891.165 provides
that the duration of a capital advance fund reservation is 18 months
from the date of issuance with limited exceptions up to 24 months as
approved by HUD on a case-by-case basis.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 8, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The project was beset with problems, including the fact that
the contractor took the project to arbitration over the slow rate of
progress. The project was scheduled for completion on or before June
1984. In order to complete construction, the original mortgage was
increased and the borrower arranged in 1988 for a second general
contractor to complete construction. In an attempt to avoid any
liability, the borrower filed for bankruptcy in 1989. The bankruptcy
agreement stipulated that the supplemental loan be at 0 percent
interest and this agreement was binding.
Contact: Willie Spearmon, Director, Office of Housing Assistance
and Grant Administration, Department of Housing and Urban Development,
451 Seventh Street, SW., Washington, DC 20410, telephone: (202) 708-
3000.
Regulation: 24 CFR 891.575 and 891.610(c).
Project/Activity: Northview Apartments, Okemah, Oklahoma, Project
Number 117-EH089.
Nature of Requirement: HUD's regulations at 24 CFR part 891 limit
occupancy to very low income (VLI) elderly households where or one or
more persons is at least 62 years of age at the time of initial
occupancy.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: July 20, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Kansas City multifamily HUB requested waiver of this
regulation due to the limited market of elderly individuals and
families. This project is located in a small rural community and has
historically been unable to attract elderly families to fill vacancies.
This waiver will expand the number of eligible households who can be
admitted to the property allowing the owner additional, necessary
flexibility in renting up units.
Contact: Frank M. Malone, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 6160, Washington, DC 20410; telephone: (202) 708-3730.
Regulations: 24 CFR 891.575 and 891.610(c).
Project/Activity: IOOF Tower, Salt Lake City, Utah, Project No:
105-EH050.
Nature of Requirement: HUD's regulations at 24 CFR part 891 limit
occupancy to very low income households composed of two or more persons
at least one of whom is 62 years of age or older at the time of initial
occupancy.
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Granted: September 12, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Denver multifamily HUB requested an age waiver because the
project had been unable to sustain occupancy due to the somewhat
depressed surrounding neighborhood and declining demand for very low
income elderly housing. The waiver allowed property management to rent
up vacant units.
Contact: Frank M. Malone, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 6160, Washington, DC 20410; telephone: (202) 708-3730.
Regulation: 24 CFR 891.575 and 610(c).
Project/Activity: Calvary Tower, Salt Lake City, Utah, Project
Number: 105-EH048.
Nature Of Requirement: HUD's regulations at 24 CFR part 891 limit
occupancy to very low income households composed of two or more persons
at least one of whom is 62 years of age or older at the time of initial
occupancy.
[[Page 5390]]
Granted By: William C. Apgar, Assistant Secretary for Housing-
Federal Housing Commissioner.
Date Waived: September 20, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The Denver Multifamily Hub requested an age waiver for the
project due to the soft market for elderly properties in the Salt Lake
City area. The surrounding neighborhood of Calvary Tower is somewhat
depressed which also contributes to vacancy problems. Even though the
property is currently full, any long term vacancies would pose a
financial strain on this property and there is only one applicant on
the waiting list. Lowering the age requirement from 62 to 55 and older
will allow project management flexibility in attempting to alleviate
vacancy problems.
Contact: Frank M. Malone, Director, Office of Asset Management,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 6160, Washington, DC 20410; telephone: (202) 708-3730.
IV. Regulatory Waivers Granted by the Office of Multifamily Housing
Assistance Restructuring (OHMAR)
For further information about the following waiver actions, please
see the name of the person which immediately follows the description of
the waiver granted.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA No. Project name State
------------------------------------------------------------------------
06235027........................ Alexander Court.... AL
06235337........................ Monroe Avenue...... AL
08235040........................ Harmony Homes AR
Apartments.
08235018........................ North Acres AR
Apartments.
01711020........................ New Era Court...... CT
01735106........................ Old Middletown High CT
School.
06635031........................ Central Area Apts.. FL
06335044........................ Pana Villa Gardens. FL
17135076........................ Johnson Manor...... ID
07335270........................ Retired Tigers..... IN
09244036........................ Torre de San Miguel MN
11655006........................ Clovis II.......... NM
11635097........................ Four Seasons....... NM
11644046........................ King Arthur's Court NM
Apts..
11644047........................ Tradewinds Carriage NM
Apts..
01435022........................ Lincoln Arms....... NY
04644069........................ Albright........... OH
04635027........................ Danner Park Apts... OH
04335090........................ Fairview II........ OH
04335125........................ Urbana Hollow...... OH
11744077........................ Paradise Corners... OK
03435014........................ Beckett Gardens.... PA
03344180........................ Bethesda PA
Wilkinsburg.
03455033........................ Crosby............. PA
03335006........................ Harriet Tubman PA
Terrace.
03344157........................ Jeannette Gardens.. PA
03355008........................ Liberty Park Apts.. PA
03344040........................ Palisades Manor.... PA
03344119........................ Parkview Manor PA
Apts..
01644066........................ 1890 House......... RI
01635010........................ Roger & Roger...... RI
05435075........................ St. Stephens Apts.. SC
08744033........................ Jaycee Progress, TN
Inc..
08744033........................ Jaycee Progress, TN
Inc..
08635039........................ Pulaski Terrace TN
Apts. I.
11344036........................ Abilene North Apts. TX
05935009........................ Belaire Manor...... TX
11435063........................ Cleme Manor........ TX
11335005........................ Prince Hall Garden TX
II.
11435017........................ Prince Hall Plaza.. TX
11435005........................ Prince Hall Village TX
11435077........................ Rolland Hilliard... TX
11435046........................ Settegast.......... TX
13344034........................ Woodcrest TX
Apartments.
05135040........................ Caru............... VA
05135117........................ Caru East.......... VA
05135111........................ Dorchester Square.. VA
05135034........................ Kings Court........ VA
12735237........................ Burien Haus........ WA
12735144........................ Omak Stampede...... WA
17144040........................ Pine Villa......... WA
07535078........................ Goodman Homes...... WI
07535071........................ Oakwood Haven Vine WI
Court Apts..
07535077........................ Oakwood Haven Vine WI
Court Apts..
07535078........................ Pioneer Villa WI
Goodman Homes.
07535076........................ Pioneer Villa WI
Goodman Homes.
07535077........................ Vine Court Apts.... WI
[[Page 5391]]
10935035........................ Westgate Apartments WY
------------------------------------------------------------------------
Nature of Requirement: HUD's regulation at 24 CFR 401.600 requires
that projects be marked down to market rents within 12 months of their
first expiration date after January 1, 1998. The intent of this
provision is to ensure timely processing of requests for restructuring,
and that the properties will not default on their FHA insured mortgages
during the restructuring process.
Granted By: Ira Peppercorn, Director of OMHAR.
Date Granted: July 11, 2000.
Reasons Waived: HUD determined that there was good cause for the
waivers. The attached list of projects were not assigned to the PAEs in
a timely manner or for which the restructuring analysis was unavoidably
delayed due to no fault of the owner.
Contact: Dan Sullivan, Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban Development, Portals
Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410;
telephone (202) 708-0001.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA No. Project name State
------------------------------------------------------------------------
06235045........................ Spring Creek....... AL
08235039........................ Chicot Limited AR
Partnership.
08235036........................ Haygood Neal Garden AR
Apartments.
08235049........................ Pilgrim Rest AR
Limited
Partnership.
08235019........................ Smith Keys Village. AR
08244015........................ Village Park South AR
I.
08244042........................ Village Park South AR
II.
06735015........................ Shull Manor........ FL
06344041........................ Sutton Place....... FL
06344041........................ Sutton Place....... FL
06344041........................ Sutton Place....... FL
06344041........................ Sutton Place....... FL
06735016........................ Tropical Manor..... FL
06135006........................ Bethel Church Homes GA
07435068........................ Benton Place....... IA
07135341........................ Doyle family....... IL
08335241........................ Lebanon Apts....... KY
08335251........................ Robinwood Park..... KY
08335239........................ Sandefur Manor..... KY
02355123........................ Park Gardens....... MA
02344152........................ Rap-Up II B........ MA
02238003........................ Dominican Court.... ME
09235359........................ Falls South MN
Apartments.
06535004........................ Canton Garden MS
Apartments.
06535027........................ Eastview Apartments MS
06535244........................ Hilldale Apartments MS
06535159........................ Martin Luther King MS
Memorial Apts..
06535242........................ Oakdale Apartments. MS
09335068........................ Sherwood Inn....... MT
01335060........................ Country Club Court. NY
01335048........................ Robinson Square.... NY
01257044........................ Sumet I............ NY
01335056........................ Summit Towers...... NY
01332002........................ Woodburn Court..... NY
11794009........................ Country Park....... OK
11844025........................ Riverview Village.. OK
05435037........................ Mt. Zion I......... SC
05444005........................ Mt. Zion II........ SC
11444026........................ Cedarwood TX
Apartments.
10935028........................ Ranger Apartments.. WY
10935040........................ Trails Apartments.. WY
------------------------------------------------------------------------
Nature of Requirement: HUD's regulation at 24 CFR 401.600 requires
that projects be marked down to market rents within 12 months of their
first expiration date after January 1, 1998. The intent of this
provision is to ensure timely processing of requests for restructuring,
and that the properties will not default on their FHA insured mortgages
during the restructuring process.
Granted By: Ira Peppercorn, Director of OMHAR.
Date Granted: August 2, 2000.
Reason Waived: HUD determined that there was good cause for the
waivers. The attached list of projects were not assigned to the PAEs in
a timely manner and for which the restructuring analysis was
unavoidably delayed due to no fault of the owner.
Contact: Dan Sullivan, Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban Development, Portals
Building, Suite 400, 1280 Maryland
[[Page 5392]]
Avenue SW., Washington, DC 20410; telephone (202) 708-0001.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA No. Project name State
------------------------------------------------------------------------
00035113....................... Benning Courts.... DC
06344037....................... Forest Green...... FL
06692002....................... Harlem Gardens.... FL
06335042....................... Hastings FL
Apartments.
06335034....................... Marion Manor...... FL
06344051....................... Springfield Res I. FL
07444052....................... Green Valley Manor IA
07235053....................... Cougill Apts...... IL
08335253....................... Regency Park- KY
Louisville.
06535048....................... Northland Village MS
Apartments.
09355004....................... Hillview MT
Apartments.
03535026....................... Delsea Gardens.... NJ
11692502....................... Hobbs Apts........ NM
11692506....................... Quay Apts......... NM
01355007....................... Eljay Apartments.. NY
01444028....................... Fight Village..... NY
01344008....................... Syracuse Apts..... NY
01344072....................... Syracuse Rehab V.. NY
01444035....................... Whitney NY
Neighborhood.
04335138....................... Discovery 76...... OH
11735129....................... Arbuckle Ridge.... OK
11735130....................... Arbuckle Ridge.... OK
11835060....................... Autumn Wood OK
Apartments.
11744006....................... London Square..... OK
11744077....................... Paradise Corners.. OK
11744106....................... Southgate......... OK
11835093....................... Willow Gardens.... OK
11838006....................... Willow Rock OK
Apartments.
03344098....................... First Erie Better PA
Housing West.
03444815....................... Geneva House...... PA
03435130....................... Hampton House..... PA
03344044....................... Monview Heights... PA
03335081....................... Penn Towers....... PA
03335004....................... Punxsutawney PA
Sycamore.
03444049....................... Wayneview PA
Apartments.
08192503....................... Crestview Manor... TN
08192502....................... Parkway East I.... TN
08135023....................... Parkway East II... TN
08135047....................... Ridgley Manor..... TN
08135051....................... Somerville Apts... TN
08135069....................... Southside Manor... TN
08135014....................... Tulane I Apts..... TN
11344036....................... Abilene North TX
Apts..
11435225....................... Beverly Place..... TX
11235257....................... Lake June Village. TX
11535021....................... Lulac Village Park TX
11335004....................... Prince Hall Garden TX
I.
08244031....................... Town North TX
Apartments.
08244031....................... Town North TX
Apartments.
11544037....................... Villa Madre....... TX
05155001....................... Brightwood Apts... VA
17135178....................... Court Arthur...... WA
17144046....................... Parkview WA
Apartments.
07535291....................... Fordem Towers..... WI
07535168....................... Pine Creek I WI
Apartments.
07535117....................... Woodridge Gardens. WI
04535006....................... Rivermont Homes... WV
------------------------------------------------------------------------
Nature of Requirement: HUD's regulation at 24 CFR 401.600 requires
that projects be marked down to market rents within 12 months of their
first expiration date after January 1, 1998. The intent of this
provision is to ensure timely processing of requests for restructuring,
and that the properties will not default on their FHA insured mortgages
during the restructuring process.
Granted By: Ira Peppercorn, Director of OMHAR.
Date Granted: August 16, 2000.
Reason Waived: HUD determined that there was good cause for the
waivers. The attached list of projects were not assigned to the PAEs in
a timely manner or for which the restructuring analysis was unavoidably
delayed due to no fault of the owner.
Contact: Dan Sullivan, Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban Development, Portals
Building, Suite 400, 1280 Maryland
[[Page 5393]]
Avenue SW., Washington, DC 20410; telephone (202) 708-0001.
Regulation: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA No. Project name State
------------------------------------------------------------------------
06292002.......................... Stonegate Village AL
10135207.......................... Arvada House..... CO
00044142.......................... Brookland Manor DC
Apartments.
00044142.......................... Brookland Manor DC
Apartments.
00035110.......................... Fairmont I DC
Apartments.
00055068.......................... W Street DC
Apartments.
03235003.......................... Banneker Heights. DE
06735048.......................... Central Court FL
Apartments.
06335030.......................... Eastside Garden FL
Apartments.
06335031.......................... Eastside Terrace FL
Apartments.
06335101.......................... Oakdale Garden FL
Apartments.
06735035.......................... Seminole Garden FL
Apartments.
06344051.......................... Springfield FL
Residential One.
06344051.......................... Springfield FL
Residential One.
06192505.......................... Etheridge Court GA
Apartments I.
14035074.......................... Hausten Gardens.. HI
07435130.......................... Autumn Park IA
Apartments.
12435028.......................... Pocatello ID
Properties.
07135339.......................... Countryside Manor IL
07135369.......................... Pullman IL
Wheelworks.
07344455.......................... Weyerbacher IN
Terrace
Apartments.
07344455.......................... Weyerbacher IN
Terrace
Apartments.
02344152.......................... Rap-Up II B...... MA
09235299.......................... Park Place MN
Apartments.
09335007.......................... Big Sky MT
Apartments.
09335074.......................... Grande Villa MT
Apartments.
03135185.......................... Baldwin Oaks NJ
Apartments.
11635015.......................... Santa Rosa NM
Apartments.
11635056.......................... Villa Del Sol NM
Apts.
01235193.......................... Belmont NY
Apartments.
01257029.......................... Parkview NY
Apartments.
01255173.......................... Siloam House..... NY
01235306.......................... St. Joseph's NY
Village.
01255012.......................... Towne Gardens NY
Housing
Development.
04335204.......................... Cambridge Village OH
04335173.......................... Knollwood Commons OH
04335197.......................... Liberty Commons.. OH
04335153.......................... Momentum 75...... OH
04635388.......................... Parkview Arms II. OH
04335100.......................... Rehab Unlimited.. OH
04335107.......................... Townhomes OH
Properties, Ltd
No. 1.
04335084.......................... U.S. #51 OH
Apartments.
11735013.......................... Country Cove OK
Housing.
11744115.......................... Hillcrest Green OK
Apartments.
11744077.......................... Paradise Corner OK
Apartments.
11835084.......................... Willow Creek OK
Apartments.
11835084.......................... Willow Creek OK
Apartments.
11835080.......................... Willow Park OK
Apartments.
03344045.......................... Bedcliff PA
Apartments.
03344071.......................... Bethome.......... PA
03344108.......................... Colver Hotel PA
Apartments.
03444808.......................... Enon Toland PA
Apartments.
03442029.......................... Hedgerow PA
Apartments.
03438017.......................... Lincoln Towers... PA
03344050.......................... Oliver Plaza PA
Apartments.
03310002.......................... Palisades Plaza.. PA
01658501.......................... Develco RI
Apartments.
01644032.......................... Develco Family RI
Apartments.
08192504.......................... Tulane II TN
Apartments.
08135035.......................... Warren Apartments TN
11344036.......................... Abilene North TX
Apartments.
11435225.......................... Beverly Place TX
Apts.
11444026.......................... Cedarwood TX
Apartments.
11435023.......................... Independent TX
Missionary
Village
Apartments.
11535024.......................... North Side Manor TX
Apartments.
11492501.......................... Oakhill Plaza TX
Apartments.
11235070.......................... Park Manor TX
Apartments.
11235014.......................... Prince Hall TX
Chambre
Apartments.
11235029.......................... St. James Manor TX
Apartments.
11344001.......................... Villa Supreme TX
Apartments.
[[Page 5394]]
11344001.......................... Villa Supreme TX
Apartments.
13344034.......................... Woodcrest TX
Apartments.
17144066.......................... Hillcrest WA
Apartments.
17144046.......................... Parkview WA
Apartments.
17144022.......................... Richard Allen WA
Apartments.
07535072.......................... Coleman Manor.... WI
07535024.......................... Fairfield Homes.. WI
07535240.......................... Housing WI
Facilities of
Monticello.
07535073.......................... Laona Manor...... WI
07535081.......................... Lena Plaza....... WI
------------------------------------------------------------------------
Nature of Requirement: HUD's regulation at 24 CFR 401.600 requires
that projects be marked down to market rents within 12 months of their
first expiration date after January 1, 1998. The intent of this
provision is to ensure timely processing of requests for restructuring,
and that the properties will not default on their FHA insured mortgages
during the restructuring process.
Granted By: Ira Peppercorn, Director of OMHAR.
Date Granted: August 31, 2000.
Reasons Waived: HUD determined that there was good cause for the
waivers. The attached list of projects were not assigned to the PAEs in
a timely manner or for which the restructuring analysis was unavoidably
delayed due to no fault of the owner.
Contact: Dan Sullivan, Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban Development, Portals
Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410;
telephone (202) 708-0001.
Regulations: 24 CFR 401.600.
Project/Activity: The following projects requested waivers to the
12-month limit at above-market rents (24 CFR 401.600):
------------------------------------------------------------------------
FHA No. Project name State
------------------------------------------------------------------------
10135218.......................... High Country CO
Apartments.
00044150.......................... Eleventh Street DC
Apartments.
06135053.......................... Lakeview GA
Apartments.
06135037.......................... Pine Valley GA
Apartments.
07344381.......................... Caravelle Commons IN
Cooperative.
00055019.......................... Glenarden I MD
Apartments.
00055019.......................... Glenarden I MD
Apartments.
00012005.......................... Glenarden II MD
Apartments.
00012005.......................... Glenarden II MD
Apartments.
00012005.......................... Glenarden II MD
Apartments.
00012005.......................... Glenarden II MD
Apartments.
05235079.......................... Perrywood Garden MD
Apartments.
02235011.......................... Maple Knolls ME
Apartments.
02235011.......................... Maple Knolls ME
Apartments.
09335056.......................... Eagles Manor No. MT
2.
04235042.......................... Chip Apartments OH
II.
04244008.......................... Ralston Square OH
Apartments.
04235180.......................... Rockefeller Park OH
Towers.
11235145.......................... Belle Oaks TX
Apartments.
13355006.......................... Villa Del Norte TX
Apartments.
13355006.......................... Villa Del Norte TX
Apartments.
13344034.......................... Woodcrest TX
Apartments.
13344034.......................... Woodcrest TX
Apartments.
05135057.......................... Rivermont VA
Apartments.
------------------------------------------------------------------------
Nature of Requirement: HUD's regulation at 24 CFR 401.600 requires
that projects be marked down to market rents within 12 months of their
first expiration date after January 1, 1998. The intent of this
provision is to ensure timely processing of requests for restructuring,
and that the properties will not default on their FHA insured mortgages
during the restructuring process.
Granted By: Ira Peppercorn, Director of OMHAR.
Date Granted: September 22, 2000.
Reason Waived: HUD determined that there was good cause for the
waivers. The attached list of projects were not assigned to the PAEs in
a timely manner or for which the restructuring analysis was unavoidably
delayed due to no fault of the owner.
Contact: Dan Sullivan, Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban Development, Portals
Building, Suite 400, 1280 Maryland Avenue SW., Washington, DC 20410;
telephone (202) 708-0001.
V. Regulatory Waivers Granted by the Office of Public and Indian
Housing
For further information about the following waiver actions, please
see the name of the person which immediately follows the description of
the waiver granted.
Regulation: 24 CFR 950.980 as in effect at the time of
grant award.
Project/Activity: A request was made by the Cheyenne River Housing
Authority (CRHA), Eagle Butte, South Dakota, for a one-year extension
of their FY 1994 FIC grant to continue support and funding for their
Single Mother's Self-Sufficiency Program.
[[Page 5395]]
Nature of Requirement: While no longer in effect, HUD's regulations
at 24 CFR 950.980 governed the Family Investment Center (FIC) program
at the time of the initial grant award. The FIC program does not have
current regulations and the NOFA does not provide guidance on grant
term extensions. The application kit states that the grant term will be
of three to five years duration, depending upon the activities
undertaken.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: June 19, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The FIC grant awarded to the CRHA has funded the Single
Mother's Self-Sufficiency Program which has provided basic life skills,
training and transitional housing for many homeless single mothers, as
well as educational opportunities to seventy-four young women, thirty-
three of which have completed their entire educational plan; forty-one
of the participating that have not completed their goals will be able
to achieve them during this additional year of operating the program;
the success of the program has prompted the Board of Directors to
approve a pilot program for single fathers, providing the same services
to men in the area; and the CRHA has been highly competent in
submitting their annual reports and financial status reports to the
Northern Plains ONAP in a timely manner.
Contact: Tracy C. Outlaw, National Office of Native American
Programs (ONAP), Department of Housing and Urban Development, 1999
Broadway--Suite 3390, Denver, Colorado 80202, telephone: (303) 675-
1600.
Regulation: 24 CFR 963.10(d).
Project/Activity: Tampa Housing Authority, Florida, Public Housing
Program.
Nature of Requirement: HUD's regulation at 24 CFR 963.10(d)
restricts a public housing agency (PHA) from contracting with a
resident-owned business in excess of $1,000,000.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: July 26, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Approval of the waiver permitted the PHA to exceed the limit
for contracting with resident-owned businesses and closed two Regional
Inspector General Audit findings against the PHA.
Contact: Gerald Benoit, Director, Real Estate and Housing
Performance Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC
20410, telephone: (202) 708-0477.
Regulation: 24 CFR 982.306(d).
Project/Activity: Vermont State Housing Authority, Vermont, Housing
Choice Voucher Program.
Nature of Requirement: HUD's regulation at 24 CFR 982.306(d) limits
the circumstances under which a public housing agency may approve the
leasing of a unit if the owner of the unit is a close relative of the
family.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: August 2, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Approval of the waiver permitted a voucher holder to lease a
unit from a relative because of the unavailability of suitable vacant
rental housing in the PHA's jurisdiction.
Contact: Gerald Benoit, Director, Real Estate and Housing
Performance Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC
20410, telephone: (202) 708-0477.
Regulation: 24 CFR 982.306(d).
Project/Activity: Saint Paul Public Housing Agency, Minnesota,
Housing Choice Voucher Program.
Nature of Requirement: HUD's regulation at 24 CFR 982.306(d) limits
the circumstances under which a public housing agency may approve the
leasing of a unit if the owner of the unit is a close relative of the
family.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: August 7, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Approval of the waiver permitted a large family to find
suitable housing to lease under the housing choice voucher program. The
availability of vacant units with three or more bedrooms in the PHA's
jurisdiction was extremely low. The market area vacancy rate was less
than one percent.
Contact: Gerald Benoit, Director, Real Estate and Housing
Performance Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC
20410, telephone: (202) 708-0477.
Regulation: 24 CFR 982.306(d).
Project/Activity: Northeast Nebraska Joint Housing Authority,
Nebraska, Housing Choice Voucher Program
Nature of Requirement: HUD's regulation at 24 CFR 982.306(d) limits
the circumstances under which a public housing agency (PHA) may approve
the leasing of a unit if the owner of the unit is a close relative of
the family.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: August 11, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Approval of the waiver permitted a voucher holder to lease a
unit from a relative in a small rural area where there was limited
availability of eligible housing units to lease under the program.
Contact: Gerald Benoit, Director, Real Estate and Housing
Performance Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC
20410, telephone: (202) 708-0477.
Regulation: 24 CFR 983.4(a)(3).
Project/Activity: Burlington Housing Authority (BHA), Vermont,
Project-Based Certificate Program.
Nature of Requirement: HUD's regulation at 24 CFR 983.4(a)(3)
governs HUD approval of PHA submissions of intent to attach Project
based assistance to units. Project-based units proposed for attachment
may not be under a tenant-based or Project-based HAP contract or
otherwise committed through issuance of certificates or under
agreements to enter into HAP contract.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: July 20, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. Approval of the waiver permitted applicants on the BHA waiting
list to be assisted sooner, since BHA will not be required to hold
voucher assistance as long for future Project-based use, and the waiver
also permitted improved utilization of BHA voucher funding during the
ACC terms of voucher increments consistent with HUD policy to fully use
units reserved under the ACC and allocated budget authority.
Contact: Gerald Benoit, Director, Real Estate and Housing
Performance Division, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 Seventh St. SW., Washington, DC
20410, telephone: (202) 708-0477.
Regulation: 24 CFR 1000.214.
Project/Activity: A request was made by the Match-E-Be-Nash-Shw-
Wish band of Pottawatomi Indians (MBPI), Door, Michigan, to submit
their Indian Housing Plan (IHP) to the Eastern Woodlands beyond the due
date of July 1, 1999.
[[Page 5396]]
Nature of Requirement: HUD's regulation at 24 CFR 1000.214 states
that IHPs must be initially sent by the recipient to the Area ONAP no
later than July 1. Section 1000.216 states that if the IHP is not
initially sent by July 1, the recipient will not eligible for IHBG
funds for that fiscal year.
Granted By: Harold Lucas, Assistant Secretary for Public and Indian
Housing.
Date Granted: August 7, 2000.
Reason Waived: HUD determined that there was good cause for the
waiver. The MBPI was unable to meet the submission date for the FY 2000
IHP due to circumstances beyond their control. The MBPI was federally
recognized on August 23, 1999, and has spent most of the last year
working to establish the basic elements for the MBPI's government and
organization. Healthcare was the MBPI's first priority, so a health
program was established. The small staff was unable to work on housing
issues in addition to all other activities. The MBPI can now address
the housing issues.
Contact: Tracy C. Outlaw, National Office of Native American
Programs (ONAP), Department of Housing and Urban Development, 1999
Broadway--Suite 3390, Denver, Colorado 80202, Telephone: (303) 675-
1600.
[FR Doc. 01-1537 Filed 1-17-01; 8:45 am]
BILLING CODE 4210-33-P