Court of Appeals for the Third Circuit November 5, 1990, No. 89-5705 (Salvation Army v. Department of Community Affairs)

BECKER, Circuit Judge,

concurring dubitante1.

I essentially agree with the court’s conclusions that: (1) the Department of Com*203munity Affairs has the power to waive enforcement of the Rooming and Boarding House regulations; (2) there was no justiciable controversy between TSA and the state regarding the waived provisions of the regulations; (3) with respect to the non-waived provisions of the