[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Notices]
[Pages 56090-56094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27839]
[[Page 56089]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
NOFA for Rental Assistance for Persons With Disabilities in Support of
Designated Housing Allocation Plans; Notice
Federal Register / Vol. 61, No. 211 / Wednesday, October 30, 1996 /
Notices
[[Page 56090]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4085-N-01]
NOFA for Rental Assistance for Persons With Disabilities, in
Support of Designated Housing Allocation Plans
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability (NOFA).
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of up to $78.6 million
($20.3 million in two-year budget authority and $58.3 million in five-
year budget authority) for Section 8 rental certificates and vouchers
for persons with disabilities in support of designated housing
allocation plans. This funding will support approximately 4,300 rental
vouchers and certificates. Public housing agencies (HAs) are invited to
respond to this NOFA. This NOFA is not applicable to Indian Housing
Authorities (IHAs), as the requirements of Section 7 (42 U.S.C. 1437e)
pertinent to designated housing allocation plans are not applicable to
IHAs.
The purpose is to provide rental vouchers and certificates to
enable persons with disabilities to rent affordable private housing.
DATES: There is no application deadline for this NOFA.
Applications may be submitted by HAs to the local HUD Office
immediately following the publication of this NOFA, or at any
subsequent time. The $78.6 million in funding available under this NOFA
will be used to approve HA applications on a first-come, first-served
basis until all the funding has been obligated. Any additional funding
made available for this purpose will also be used to approve HA
applications in accordance with this NOFA. Consequently, this NOFA has
no closing date and applications will continue to be accepted by the
local HUD Offices until further notice. HUD will not accept application
materials sent via facsimile (FAX) transmission.
ADDRESSES: HUD Headquarters, Office of Public and Assisted Housing
Operations, Room 4206, 451 Seventh Street, S.W., Washington, D.C.,
20410; and the local HUD State or Area Office, Attention: Director,
Office of Public Housing, are the official places of receipt for all
applications. An HA's application (see paragraph C., Application
Submission Requirements, regarding the multiple components that must
comprise an HA's application) should be submitted concurrently to both
offices. For ease of reference, the term ``HUD Office'' will be used
throughout this NOFA to mean the HUD State Office, and HUD Area Office.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Division, Office of Rental Assistance, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-8000,
telephone number (202) 708-0477 (this is not a toll-free number). For
hearing- and speech-impaired persons, this number may be accessed via
TTY by calling the Federal Information Relay Service at 1-800-877-8339
(this is a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The Section 8 information collection requirements contained in this
NOFA have been approved by the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control number 2577-0169. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
Family Self-Sufficiency (FSS) Program Requirement
Unless specifically exempted by HUD, all rental voucher or rental
certificate funding reserved with FY 1996 funds (except funding for
renewals or amendments) will be used to establish or contribute to the
minimum size of an HA's FSS program.
A. Purpose and Substantive Description
(1) Authority. Legislative authority to provide Section 8
assistance in support of allocation plans to designate public housing
for occupancy by elderly families only, persons with disabilities only,
and/or elderly families and disabled families only (covering $20.3
million of the total of $78.6 million available through this NOFA) is
found at Section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e).
The Omnibus Consolidated Rescissions and Appropriations Act, Pub.L 104-
134, approved April 26, 1996 (Appropriations Act), contains language
authorizing the use of Section 8 rental certificate and voucher funding
for housing agencies to implement allocation plans approved by the
Secretary for designated housing. Legislative authority (applicable to
$58.3 million of the total of $78.6 million available under this NOFA)
for rental assistance for persons with disabilities is found in the
Appropriations Act which states that the Secretary may designate up to
25 percent of the amounts earmarked for Section 811 of the National
Affordable Housing Act of 1990 (42 U.S.C. 8013) for tenant-based
assistance, as authorized under that section.
(2) Application Funding. HUD will award funding for rental vouchers
or certificates to HAs that submit an allocation plan to designate
public housing for occupancy by elderly families only, disabled
families only, and/or disabled and elderly families only, and that also
administer a Section 8 rental certificate or rental voucher program.
HUD will make available approximately 4,300 rental vouchers and
certificates (2,000 rental vouchers and certificates representing $20.3
million in two-year budget authority, and 2,300 rental vouchers and
certificates representing $58.3 million in five-year budget authority)
to support approvable HA allocation plans. The $58.3 million of five-
year budget authority will be obligated first, before the $20.3 million
of two-year budget authority is obligated. The rental vouchers and
certificates will assist HAs in providing sufficient alternative
resources to meet the housing needs of those persons with disabilities
who would have been housed by the HA if occupancy in the designated
public housing project were not restricted to elderly households and
assist HAs that wish to continue to designate their buildings as
``mixed elderly and disabled buildings'' but can demonstrate a need for
alternative resources for persons with disabilities that is consistent
with the jurisdiction's Consolidated Plan and the low-income housing
needs of the jurisdiction. Applicants who choose to apply should review
the Housing Program Opportunity Extension Act of 1996, Pub.L 104-120,
approved March 28, 1996 (Extender Act), which significantly changed the
requirements for public housing allocation plans. HUD has not yet
issued regulations implementing the Extender Act; however, an
explanatory HUD publication, Notice PIH 96-60 (HA), was issued on
August 5, 1996. The Notice states that HAs are not normally required to
submit allocation plans if they wish to keep all their ``elderly''
housing as ``mixed population'' housing; however, HAs that wish to
obtain certificates under this NOFA must by law submit an allocation
plan in accordance with this NOFA.
[[Page 56091]]
HUD intends to fund all approvable applications for designated housing
allocation plans on a first-come, first-served basis.
(3) Limit on Rental Assistance Requested. An HA submitting a
designated housing allocation plan may apply for only the number of
units needed to meet the requirements of the allocation plan to provide
housing resources for persons who otherwise would have received public
housing.
(4) Guidelines.
(a) Definitions.
Allocation plan. A HUD-approved allocation plan required of HAs
seeking to designate a project for occupancy by elderly families only,
disabled families only, and/or elderly and disabled families only. See
42 U.S.C. 1437e, as amended by the Extender Act. (The requirements of
42 U.S.C. 1437e are not applicable to IHAs.)
Disabled Family. A family whose head, spouse or sole member is a
person with disabilities. The term ``disabled family'' may include two
or more persons with disabilities living together, and one or more
persons with disabilities living with one or more persons who are
determined to be essential to the care or well-being of the person or
persons with disabilities. A disabled family may include persons with
disabilities who are elderly.
Person with disabilities. A person who--
(a) Has a disability as defined in section 223 of the Social
Security Act (42 U.S.C. 423), or
(b) Is determined to have a physical, mental or emotional
impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live
independently; and
(iii) Is of such a nature that such ability could be improved by
more suitable housing conditions, or
(c) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001(5)).
The term ``person with disabilities'' does not exclude persons who
have the disease of acquired immunodeficiency syndrome (AIDS) or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome (HIV).
(b) Eligible HAs. HAs that submit an allocation plan to designate
public housing for occupancy by elderly families only, disabled
families only, and/or elderly and disabled families only, receive HUD
approval of that allocation plan, and that also administer a Section 8
Rental Certificate or Rental Voucher Program.
Some housing agencies currently administering the Section 8 Rental
Voucher and Certificate Programs have, at the time of publication of
this NOFA, major program management findings that are open and
unresolved or other significant program compliance problems (e.g., HA
has not implemented mandatory FSS Program). HUD will not accept
applications for additional funding from these HAs as contract
administrators if, on the application deadline date, the findings are
not closed to HUD's satisfaction. If these HAs want to apply under this
NOFA, the HA must submit an application that designates another housing
agency, non-profit agency, or contractor that is acceptable to HUD and
includes an agreement with the other housing agency or contractor to
administer the new funding increment on behalf of the HA. The Office of
Public Housing in the local HUD Office will notify, immediately after
the publication of this NOFA, those HAs that are not eligible to apply.
Applications submitted by these HAs without an agreement from another
housing agency or contractor, approved by HUD, to serve as contract
administrator will be rejected.
(c) Eligible Participants.
Only persons with disabilities and disabled families who live in
public housing that has been designated for occupancy by the elderly,
or disabled families who are on the HA's public housing waiting list,
may receive a rental voucher or certificate awarded in conjunction with
designated housing allocation plans. Non-elderly persons with
disabilities and disabled families who live in public housing
designated for the elderly in accordance with an allocation plan
submitted in response to this NOFA, or are on the HA's public housing
waiting list, need not be listed on the Section 8 waiting list in order
to be offered and receive Section 8 rental assistance. These families
may be admitted to the Section 8 program as a special admission (24 CFR
982.203).
(d) Rental Voucher and Certificate Assistance.
(i) Section 8 regulations. HAs must administer the Section 8
assistance in accordance with HUD regulations governing the Section 8
rental voucher and certificate programs.
(ii) Section 8 admissions requirements. Section 8 assistance must
be provided to eligible applicants in conformity with applicable rules
governing the Section 8 program, and in accordance with the terms of
the HA's designated housing allocation plan and administrative plan.
(iii) Turnover. When a rental voucher or rental certificate under
this program becomes available for reissue (e.g., the individual or
family initially selected for the program drops out of the program or
is unsuccessful in the search for a unit), the rental assistance may be
used only for another individual or family eligible for assistance
under this program for five years subject to appropriations for renewal
funding (for two-year budget authority), and the five-year term of the
ACC for rental assistance for five-year budget authority.
(e) HA Responsibilities. In addition to normal HA responsibilities
under the Section 8 programs and under HUD regulations for
nondiscrimination based on handicap (24 CFR 8.28), HAs that receive
rental voucher or certificate funding must:
(i) Assist program participants to gain access to supportive
services available within the community, and to identify public or
private funding sources for accessibility features, when participants
request such assistance, but not require eligible applicants or
participants to accept supportive services as a condition of
participation or continued occupancy in the program;
(ii) Not deny persons who qualify for rental assistance under this
program other housing opportunities for which they are eligible; and
(iii) Not deny other housing opportunities, or otherwise restrict
access to HA programs, to eligible applicants who choose not to
participate.
B. Allocation Amounts
This NOFA announces the availability of up to $78.6 million
(approximately) of budget authority that will support about 4,300
rental vouchers or certificates. HAs are provided with the opportunity
to apply for rental vouchers and certificates in conjunction with
submission of an allocation plan to designate public housing for
elderly families only, disabled families only, and/or elderly and
disabled families only.
C. Application Submission Requirements
(1) Form HUD-52515. All HAs must complete form HUD-52515, Funding
Application, for the Section 8 rental certificate and rental voucher
programs (dated January 1996). This form was recently revised to
include all necessary certifications for Fair Housing, Drug Free
Workplace and Lobbying Activities; therefore, HAs can complete and sign
the new form HUD-52515 to meet the requirements of these
certifications. An application must
[[Page 56092]]
include the information in Section C, Average Monthly Adjusted Income,
of form HUD-52515 in order for HUD to calculate the amount of Section 8
budget authority necessary to fund the requested number of units.
Copies of form HUD-52515 may be obtained from the local HUD Office.
(2) Local Government Comments. Section 213 of the Housing and
Community Development Act of 1974 requires that HUD independently
determine that there is a need for the housing assistance requested in
applications and solicit and consider comments relevant to this
determination from the chief executive officer of the unit of general
local government. The HUD Office will obtain Section 213 comments from
the unit of general local government in accordance with 24 CFR part
791, subpart C, Applications for Housing Assistance in Areas Without
Housing Assistance Plans. Comments submitted by the unit of general
local government must be considered before an application can be
approved.
For purposes of expediting the application process, the HA should
encourage the chief executive officer of the unit of general local
government to submit a letter with the HA application commenting on the
HA application in accordance with Section 213. Because HUD cannot
approve an application until the 30-day comment period is closed, the
Section 213 letter should not only comment on the application, but also
state that HUD may consider the letter to be the final comments and
that no additional comments will be forthcoming from the unit of
general local government.
(3) Letter of Intent and Narrative. All the items in this Section
must be included in the application submitted to the HUD Office. The HA
must state in its cover letter to the application whether it will
accept a reduction in the number of rental certificates or rental
vouchers and the minimum number of rental certificates or rental
vouchers it will accept, since the funding is limited and HUD may only
have enough funds to approve a smaller amount than the number of rental
certificates or rental vouchers requested.
(4) Approvable Designated Housing Allocation Plan. The application
must include an approvable allocation plan to designate housing [for
the elderly] in accordance with 42 U.S.C. 1437e, as amended by the
Extender Act.
D. Corrections to Deficient Applications
(1) Acceptable Applications. The HUD Office will initially screen
all applications and notify HAs of deficiencies (exclusive of the
allocation plan which will be reviewed by HUD Headquarters) by letter
within 7 calendar days.
If an application has deficiencies, the HA will have 14 calendar
days from the date of the issuance of the HUD notification letter to
submit the missing or corrected information to the HUD Office before
the application can be considered for further processing by HUD.
All HAs must submit corrections within 14 calendar days from the
date of the HUD Office letter notifying the applicant of any such
deficiency. Information received after 3 p.m. local time (i.e., the
time in the appropriate HUD Office), of the 14th calendar day of the
correction period will not be accepted and the application will be
rejected as incomplete.
(2) Unacceptable Applications. (a) After the 14-calendar day
deficiency correction period, the HUD Office will immediately notify
any HA that submitted an application (exclusive of the allocation plan
portion of the application) that the HUD Office determines is not
acceptable for processing. The HUD Office must also concurrently notify
HUD Headquarters, Attention: Gerald J. Benoit, Director, Operations
Division, Room 4220, 451 Seventh Street, S.W., Washington, D.C., 20410,
of this decision so that Headquarters will be able to take this into
consideration as part of its processing of the HA's allocation plan.
The HUD Office notification of rejection letter to the HA and HUD
Headquarters must state the basis for the decision.
(b) Applications for Section 8 rental assistance (exclusive of the
allocation plan) that fall into any of the following categories will
not be processed:
(i) There is a pending civil rights suit against the HA instituted
by the Department of Justice or there is a pending administrative
action for civil rights violations instituted by HUD (including a
charge of discrimination under the Fair Housing Act).
(ii) There has been an adjudication of a civil rights violation in
a civil action brought against the HA by a private individual, unless
the HA is operating in compliance with a court order or implementing a
HUD-approved resident selection and assignment plan or compliance
agreement designed to correct the areas of noncompliance.
(iii) There are outstanding findings of noncompliance with civil
rights statutes, Executive Orders, or regulations, as a result of
formal administrative proceedings, or the Secretary has issued a charge
against the applicant under the Fair Housing Act, unless the applicant
is operating under a conciliation or compliance agreement designed to
correct the areas of noncompliance.
(iv) HUD has denied application processing under Title VI of the
Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR
50.3), and the HUD Title VI regulations (24 CFR 1.8) and procedures
(HUD Handbook 8040.1), or under section 504 of the Rehabilitation Act
of 1973 and HUD regulations (24 CFR 8.57).
(v) The HA has serious unaddressed, outstanding Inspector General
audit findings, Fair Housing and Equal Opportunity monitoring review
findings, or HUD management review findings for its rental voucher or
rental certificate programs. The only exception to this category is if
the HA has been identified under the policy established in section
A.(4)(b) of this NOFA and the HA makes application with a designated
contract administrator.
(vi) The HA is involved in litigation and HUD determines that the
litigation may seriously impede the ability of the HA to administer an
additional increment of rental vouchers or rental certificates.
(vii) An HA application (exclusive of the allocation plan) that
does not comply with the requirements of 24 CFR 982.102 and this NOFA,
after the expiration of the 14-calendar day technical deficiency
correction period will be rejected from processing.
(viii) The application is from an HA that has failed to achieve a
lease-up rate of 90 percent of units in its HUD-approved budget for the
HA fiscal year prior to application for funding in each of its rental
voucher and certificate programs.
E. Application Selection Process
(1) HUD Office Review. Upon receipt, the Office of Public Housing
in the HUD Office will screen HA applications (exclusive of the
allocation plan) and stop processing any applications found
unacceptable for further processing, as per paragraph D.(2) above.
If the HUD Office determines that the application (exclusive of the
allocation plan) is approvable, it will notify HUD Headquarters that it
is recommending that the application be funded (contingent upon
Headquarters' approval of the allocation plan). Headquarters [at the
address specified in paragraph D.(2)] shall be notified by the HUD
Office within 30 days of the date of its receipt of the HA's
application in response to this NOFA.
If HUD Headquarters disapproves an allocation plan submitted in
response to this NOFA, the HA's Section 8 application will be rejected
and the HA
[[Page 56093]]
will not be eligible for the rental vouchers and certificates available
under this NOFA.
(2) Funding. Headquarters will fund, on a first-come, first-served
basis, all applications for which the allocation plans are determined
approvable by HUD Headquarters and for which the Section 8 application
is recommended for approval by the HUD Office. The ``first-come''
status of each HA's application shall be based on the date and time the
concurrently submitted application (see paragraph entitled Addresses at
the beginning of this NOFA) is received in HUD Headquarters where the
designated housing allocation plan portion of the application will be
reviewed. As HAs are selected, the cost of funding the applications
will be subtracted from the funds available. Five-year budget authority
will be obligated first until all such funds have been obligated, and
then two-year budget authority will be obligated until all those funds
have been obligated.
(3) Program Type. If an HA application specifically requests
funding for either rental vouchers or rental certificates, and funding
for the specified program is not available, HUD will award the
available form of assistance, notwithstanding the program type
specified in the HA application.
F. Other Matters
Catalog of Federal Domestic Assistance. The Federal Domestic
Assistance numbers for this program are: 14.855 and 14.857.
Environmental Impact. A Finding of No Significant Impact with
respect to the environment was made for the FY 1995 NOFA for this
program in accordance with the Department's regulations at 24 CFR part
50, which implement section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332). That Finding remains applicable to
this NOFA and is available for public inspection between 7:30 a.m. and
5:30 p.m. weekdays in the Office of the Rules Docket Clerk, Office of
General Counsel, Department of Housing and Urban Development, room
10276, 451 Seventh Street, SW, Washington, D.C. 20410.
Federalism Impact. The General Counsel, as the Designated Official
under section 6(a) of Executive Order 12612, Federalism, has determined
that the policies contained in this notice will not have substantial
direct effects on States or their political subdivisions, or the
relationship between the Federal Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. As a result, the notice is not subject to review under the
Order. This notice is a funding notice and does not substantially alter
the established roles of the Department, the States, and local
governments, including HAs.
Impact on the Family. The General Counsel, as the Designated
Official under Executive Order 12606, The Family, has determined that
this notice does not have potential for significant impact on family
formation, maintenance, and general well-being within the meaning of
the Executive Order and, thus, is not subject to review under the
Order. This is a funding notice and does not alter program requirements
concerning family eligibility.
Accountability in the Provision of HUD Assistance. Section 102 of
the Department of Housing and Urban Development Reform Act of 1989 (HUD
Reform Act) and the final rule codified at 24 CFR part 4, subpart A,
published on April 1, 1996 (61 FR 1448), contain a number of provisions
that are designed to ensure greater accountability and integrity in the
provision of certain types of assistance administered by HUD. On
January 14, 1992, HUD published, at 57 FR 1942, a notice that also
provides information on the implementation of section 102. The
documentation, public access, and disclosure requirements of section
102 are applicable to assistance awarded under this NOFA as follows:
Documentation and public access requirements. HUD will ensure that
documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a five-year period beginning not less than 30 days after the award
of the assistance. Material will be made available in accordance with
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
Disclosures. HUD will make available to the public for five years
all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be made
available along with the applicant disclosure reports, but in no case
for a period less than three years. All reports--both applicant
disclosures and updates--will be made available in accordance with the
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15.
Section 103 HUD Reform Act. Section 103 of the Department of
Housing and Urban Development Reform Act of 1989, and HUD's
implementing regulation codified at subpart B of 24 CFR part 4, applies
to the funding competition announced today. These requirements continue
to apply until the announcement of the selection of successful
applicants. HUD employees involved in the review of applications and in
the making of funding decisions are limited by section 103 from
providing advance information to any person (other than an authorized
employee of HUD) concerning funding decisions, or from otherwise giving
any applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted under section 103 and subpart B of 24 CFR part
4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions,
such as whether particular subject matter can be discussed with persons
outside HUD, the employee should contact the appropriate Field Office
Counsel, or Headquarters counsel for the program to which the question
pertains.
Prohibition Against Lobbying Activities. The use of funds awarded
under this NOFA is subject to the disclosure requirements and
prohibitions of section 319 of the Department of the Interior and
Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C.
1352) (the ``Byrd Amendment'') and the implementing regulations at 24
CFR part 87. These authorities prohibit recipients of Federal
contracts, grants, or loans from using appropriated funds for lobbying
the Executive or Legislative Branches of the Federal Government in
connection with specific contract, grant, or loan. The prohibition also
covers the awarding of contracts, grants, cooperative agreements, or
loans unless the recipient has made an acceptable certification
regarding lobbying. Under 24 CFR part 87, applicants, recipients, and
subrecipients of assistance exceeding $100,000 must certify that no
Federal funds have been or will be spent on lobbying activities in
connection with the assistance. IHAs established by an Indian tribe as
a result of the exercise of the tribe's sovereign power are excluded
from coverage of the Byrd
[[Page 56094]]
Amendment, but IHAs established under State law are not excluded from
the statute's coverage.
Dated: October 22, 1996.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-27839 Filed 10-29-96; 8:45 am]
BILLING CODE 4210-33-P
