HOME Waiver Log: 2002

The following summaries provide information on the date that HOME waivers were granted and denied, the State or Local Field Office making the request, the situation which gave rise to the need for a program waiver, and the regulatory citation. To obtain a copy of a specific HOME waiver, contact HUD's Office of Affordable Housing Programs at (202) 708-2470. Hearing impaired users may call the Federal Information Relay Service at 1-800-877-8339.

1/8/02 NY Denied request by City of Syracuse to waive the HOME regulations prohibiting HOME funds from being used to provide additional assistance to a project previously assisted with HOME funds during the period of availability, except during the first year after completion. The city wanted to apply for additional HOME funds to finance a conversion of the property to a drug and alcohol recovery facility. 92.214 (a)(7)(http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.214.htm)
92.502 (d)(2) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.502.htm)
4/2/02 IL Waiver denied to the Cook County Consortium to permit the Village of Oak Park to continue as a member of the consortium without changing its program year to coincide with that of the Consortium. For the purposes of the HOME program, a consortium is considered a single unit of general local government and as such should identify its needs and priorities as an organized unit and should utilize a common program year. 91.402 (a)(b) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr91.402.htm)
4/9/02 NE Granted the State of Iowa a waiver of the requirement in 24 CFR 92.503(b) of HOME final rule that requires repayment of funds invested in housing that does not meet HOME requirements for the entire period of affordability. The HOME unit was housing for three individuals with developmental disabilities. The State proposed to move the residents to a larger unit that better met their needs and to impose all HOME requirements on the new unit for the remaining period of affordability. This waiver permitted the substitution of the larger unit for the original unit. 92.503 (b) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.503.htm)
4/29/02 TX Waiver granted to the Washington County Consortium to incur pre-award costs for eligible HOME planning and administrative activities after the Consolidated Plan submission deadline. It is a new Consortium and the County�s program year begins forty-five days after the submission deadline. 92.212 (b) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.212.htm)
5/10/02 GA Waiver approved for DeKalb County, GA, suspending the requirement that a local survey be participating jurisdiction-wide. There is a significant disparity in housing values between the city of Decatur and the remainder of DeKalb county which would skew the survey. The waiver applies only to the city of Decatur�s owner-occupied rehabilitation program. 92.254 (a)(2)(iii) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.254.htm)
5/10/02 KS Waiver granted to the State of Kansas permitting the relocation of two Elder Cottage Housing Opportunity (ECHO) units to a multi-family housing project for developmentally disabled persons. The State could not find eligible occupants for the ECHO units in their current location. A local (Community Housing Development Organization (CHDO) will retain ownership of the units and will insure that their HOME affordability and occupancy requirements are met. 92.258 (a) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.258.htm)
92.214 (d)(1) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.214.htm)
5/22/02 MA Waiver granted to the Commonwealth of Massachusetts on behalf of Boston Aging Concerns Young and Old United (BAC-YOU), to permit BAC-YOU to charge Section 8 rent in 18 high HOME rental units. The revenue generated from these rent levels will allow BAC-YOU to provide additional services to grandparent caregiver residents. The State also requested that the waiver be retroactive, which was denied, because the Department does not grant retroactive waivers and because waivers are not granted to rectify previous non-compliance. 92.252 (a) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.252.htm)
7/30/02 PR Waiver approved for the municipality of Carolina allowing it to extend the expenditure deadline for its 1996 allocation of HOME funds. Critical administrative and programmatic deficiencies led to this an expenditure shortfall for this fiscal year. However, the Department acknowledged that many important steps had been taken to address these deficiencies and prevent future shortfalls. Furthermore, the shortfall amount was expended less than one month after the expenditure deadline. 92.500 (d)(1)(C) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.500.htm)
8/8/02 TX Waiver denied. The city of Fort Worth had requested a waiver of URA requirements pertaining to the displacement of the Grey Eagles Grandparents and Kinship Organization NPO by the Heritage Center Section 108 Loan Guarantee project. Although Grey Eagles did not have lease for the site it was displaced from, this has no bearing on a person�s or a business� eligibility to receive URA compensation for relocation costs. Any small business that qualifies as a displaced person, as defined at 49 CFR 24.2, is entitled to the payment. 49 CFR 24.2 (http://edocket.access.gpo.gov/cfr_2004/octqtr/49cfr24.2.htm), and
49 CFR 24.304 (http://edocket.access.gpo.gov/cfr_2004/octqtr/49cfr24.304.htm)
10/22/02 MI Waiver denied. The State of Missouri requested a waiver to include a separate, non-residential structure for laundry facilities in a 100 percent HOME-funded multi-family project. The HOME regulation permits the use of HOME funds for the cost of common areas, such as community rooms and laundry facilities that are located within the residential structure because such space is merely incidental to the housing. However, the HOME statute allows HOME funds to be used only for the development of housing and it cannot be extended to include separate, non-residential structures. 92.206 (a)(4) (http://edocket.access.gpo.gov/cfr_2004/aprqtr/24cfr92.206.htm)

Content Archived: May 27, 2011