1. (a) The Commissioner may enter into a contract with an eligible statewide, private nonprofit housing development corporation for financial assistance in the form of a grant to facilitate the development of small non-institutionalized living units for low and moderate income handicapped and developmentally disabled persons.

2. (b) The Commissioner may waive any nonstatutory requirements imposed by Section 8-119t-1 to Section 8-119t-8, inclusive, of these regulations. Requests for a waiver shall be in writing, addressed to the commissioner. Such waiver may only be granted with sufficient evidence that:

   1. (1) the literal enforcement of such provision or provisions provide for exceptional difficulty or unusual hardship not caused by the recipient;
   2. (2) the benefit to be gained by waiver of the provision or provisions is clearly outweighed by the detriment which shall result from enforcement;
   3. (3) the waiver is in harmony with conserving public health, safety and welfare; and(4) the waiver is in the best interest of the state.

(Effective February 9, 1996)