[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2092]
[[Page Unknown]]
[Federal Register: February 1, 1994]
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Part II
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Public and Indian Housing
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Section 8 Rental Voucher Set-Aside for Homeless Persons With
Disabilities, Funding Availability (NOFA) for FY 1994; Notice
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-93-3679; FR-3329-N-01]
Funding Availability (NOFA) for FY 1994 Section 8 Rental Voucher
Set-Aside for Homeless Persons With Disabilities
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of Funding Availability for Fiscal Year 1994.
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SUMMARY: This notice announces the availability of a set-aside of up to
$147.7 million of budget authority for a competition at the HUD
Regional Office level for Section 8 rental voucher funding for very
low-income homeless persons with disabilities and their families. (See
the definition of eligible persons in section I(D)(1) of this NOFA.)
This set-aside of rental voucher funding is to provide rental
assistance to the eligible homeless population as defined in this NOFA
in a manner similar to the Department's Shelter Plus Care Program. This
announcement invites interested public housing agencies and Indian
housing authorities, hereafter collectively referred to as housing
agencies (HAs), to submit applications for the FY 1994 rental voucher
funding.
The NOFA provides instructions to HAs governing the submission of
applications, and describes procedures for rating, ranking, and
approving applications. Each selected HA will be awarded funding of a
special allocation of rental vouchers from the set-aside. The rental
assistance budget authority funding awarded to the HAs under both the
competitive and ``Comprehensive Homeless Initiative Cities'' components
of this initiative must at least be matched on a one-for-one basis with
supportive services resources from other Federal, State, local or
private entities.
Eligible persons selected to participate in this set-aside will
qualify for a Federal Preference because they are homeless. The
priorities for selection of very low-income persons to participate in
this set-aside are as follows: (1) Homeless persons with disabilities
and their families who reside in transitional housing facilities for
homeless persons based on their position on the HA's waiting list, or
their subsequent addition to the HA's waiting list, (2) other eligible
persons who are residing on the street or in emergency shelters based
on their position on the HA's waiting list, or their subsequent
addition to the HA's waiting list. Outreach procedures should be used,
as needed, to assist in identifying eligible persons who may qualify
under these priorities, to help these families apply to the HA for
assistance and to place the eligible applicants on the HA's waiting
list.
This initiative will add balance to current efforts that address
homelessness by assisting communities in creating a local continuum of
care. The rental assistance for permanent housing and supportive
services provided through the use of these rental vouchers will be
given on a priority basis to eligible persons residing in transitional
housing facilities for homeless persons and who need rental assistance
to move to permanent housing.
DATES: Applications from the HAs for competitive funding must be
received by 3 p.m. local time in the Office of the Public Housing
Division Director of the local HUD Field Office serving the area of the
applicant on May 2, 1994. Applications from Indian housing authorities
(IHAs) must be received by the same date and time in the Office of the
Indian Programs Office Director serving the area of the applicant.
The above-stated application deadline for submission of completed
applications to HUD is firm as to date and hour.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Branch, Rental Assistance Division, Office of Assisted Housing, room
4220; telephone (202) 708-0477 or TDD (202) 708-4594; or Mark Johnston,
Deputy Director, Office of Special Needs Assistance Programs; room
7262; telephone (202) 708-4300 or TDD (202) 708-2565; Department of
Housing and Urban Development, 451 Seventh Street SW., Washington, DC
20410. (Telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been approved by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1980 and have been assigned OMB Control
Number 2577-0169. OMB has approved the supportive services collection
requirements under the assigned control number 2577-0118.
I. Purpose and Substantive Description
(A) Purpose
The set-aside of rental vouchers for homeless persons with
disabilities is a national initiative of the Department which will help
communities establish a continuum of care for homeless persons. This
initiative is designed to help persons with disabilities move from
transitional housing facilities for homeless persons into permanent
housing. Under this initiative, an on-going supportive services
component must be available to participants for the same five years as
the participants receive rental voucher program assistance. The range
of supportive services, including outreach to identify eligible persons
and assistance in locating and securing suitable housing, is to be
funded from sources other than this program, including other Federal,
State, local or private sources, and will respond to the needs of the
homeless population. The initiative combines rental assistance with the
supportive services appropriate to the needs of a homeless persons with
disabilities to assist them to lead healthy, productive lives in the
community.
The initiative also seeks to expand more permanent housing options
for these individuals by providing to them the freedom to choose their
own housing.
(B) Allocation Amounts
(1) Budget Authority for Competitive Funding
The Department will make available up to $132,892,960 of the budget
authority approved in the VA, HUD-Independent Agencies Appropriations
Act of 1992 (Pub. L. 102-139, approved October 28, 1991) (the Act)
which will support an estimated 4,700 rental vouchers. The recent
amendment of 791.403 of title 24 of the Code of Federal Regulations
allows for a set-aside such as this initiative for homeless persons
with disabilities. This interim rule further implements section 213 (d)
of the Housing and Community Development Act of 1974, as most recently
amended by the Department of Housing and Urban Development Reform Act
of 1989, which was incorporated into 24 CFR part 791, subpart D, on
March 7, 1991 (56 FR 9822). It enables the Department of Housing and
Urban Development to allocate assistance which the Secretary determines
is not feasible to allocate to field office allocation areas by formula
and which is contained in an Operating Plan submitted to Congress.
These funds are available for a HUD Regional Office competition based
on the selection criteria in this NOFA.
Listed below is a chart which shows the fair share allocation of
funding by HUD Regional Office:
------------------------------------------------------------------------
Units
Regional office Dollars (estimated)
------------------------------------------------------------------------
Boston--I.................................. $9,538,365 287
New York--II............................... 30,762,730 961
Philadelphia--III.......................... 12,165,235 434
Atlanta--IV................................ 13,491,760 587
Chicago--V................................. 19,604,880 769
Ft. Worth--VI.............................. 8,518,360 383
Kansas City--VII........................... 2,975,265 133
Denver--VIII............................... 1,944,98 584
San Francisco--IX.......................... 30,040,040 830
Seattle--X................................. 3,851,340 144
----------------------------
Totals................................. 132,892,960 4,612
------------------------------------------------------------------------
An annual contributions contract (ACC) for the Section 8 funds will
be executed by the HA and HUD after HUD approval of the HA's Section 8
application.
(2) Budget Authority for ``Comprehensive Homeless Initiative Cities''
The Department will allocate $14.7 million of the funding from this
set-aside for funding for HAs and non-profits in jurisdictions
designated for funding under the Comprehensive Homeless Initiative
component of the Innovative Homeless Initiatives Demonstration Program,
as authorized by the HUD Demonstration Act of 1993 (Pub. L. 103-120,
approved October 27, 1993). The assistance is targeted to homeless
programs that will utilize a new system called a ``continuum of care''
and is designed around a basic three-step model of assessment,
transitional housing, and rehabilitative services, and, if necessary,
placement into permanent housing. The Department intends to publish a
separate Notice for this funding.
(3) Family Self-Sufficiency (FSS) Program
Section 23 of the U.S. Housing Act of 1937 was amended by section
106 of the Housing and Community Development Act of 1992 and now
requires that all PHAs receiving additional rental vouchers or
certificates in FY 1993 and all future fiscal years must establish a
family self-sufficiency (FSS) program. For IHAs, section 106(j) made
participation in the FSS program optional for FY 1993 and all future
fiscal years. The program guidelines for the FSS program were published
in the Federal Register on September 30, 1991 (56 FR 49592). The
regulations for the FSS program were published on May 27, 1993 (58 FR
30858 and 58 FR 30906). Any rental voucher or certificate funding
reserved in FY 93 and all future fiscal years will be used to establish
the minimum size of a PHA's FSS program.
If a PHA received an incentive award for the FSS program in
response to the NOFA published in the Federal Register on September 30,
1991 (56 FR 49612) and amended on January 3, 1992 (57 FR 312), the
number of new units received in FY 93 and FY 94 will be added to the
incentive awards received in FY 92 and this number will be the minimum
size of the PHA's FSS program.
(C) HA Eligibility
Eligible applicants for rental voucher program funding under this
set-aside for homeless persons with disabilities are housing agencies.
An HA is an entity defined under section 3(b)(6) of the U.S. Housing
Act of 1937 (1937 Act), including Indian housing authorities as defined
in section 3(b)(11) of the 1937 Act. Only HAs that are currently
administering a Section 8 rental voucher, rental certificate or
moderate rehabilitation program are eligible to apply for funding under
this NOFA.
(D) Program Description
(1) Definitions
The following definitions are supplemental to those found at 24 CFR
parts 812, 882, and 887:
Acquired immunodeficiency syndrome (AIDS) or related diseases is
the disease of AIDS or any condition arising from the etiologic agent
for AIDS.
Applicant is a Public Housing Agency or Indian Housing Authority
(HA).
Eligible person is a very low-income homeless person with
disabilities (including a person who is seriously mentally ill; has
chronic problems with alcohol, drugs, or both; or has AIDS or related
diseases) and the family of such a person. To be eligible for
assistance, the family must be very low-income. The definition of a
family for the Section 8 rental assistance programs is described at 24
CFR part 812, and is applicable to this set-aside. The Department
expects that most families who apply for this set-aside will be single
persons. This NOFA uses the term ``person'' frequently although the
eligible population for this set-aside, as with the regular rental
assistance programs, includes the family of any person or persons
selected to participate in the set-aside.
Homeless person or homeless family includes any individual or
family that:
(a) Lacks a fixed, regular, and adequate nighttime residence; and
(b) Has a primary nighttime residence that is:
(i) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);
(ii) An institution that provides a temporary residence for
individuals intended to be institutionalized; or
(iii) A public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings.
The term ``homeless'' or ``homeless family'' does not include any
individual imprisoned or otherwise detained pursuant to an Act of the
Congress or a State law.
Person with a disability is an adult individual or a household
composed of one or more persons at least one of whom is an adult who
has a disability. A person is considered to have a disability if such
person has a physical, mental, or emotional impairment or has a chronic
problem with alcohol, drugs, or both which (a) is expected to be of
long-continued and indefinite duration;
(b) substantially impedes the individual's ability to live
independently; and
(c) is of such a nature that such ability could be improved by more
suitable housing conditions.
A person will also be considered to have a disability if the
individual has a developmental disability, which is a severe, chronic
disability that (a) is attributable to a mental or physical impairment
or combination of mental and physical impairments; (b) is manifested
before the person attains age 22; (c) is likely to continue
indefinitely; (d) results in substantial functional limitations in
three or more of the following areas of major life activity: (i) Self-
care, (ii) receptive and expressive language, (iii) learning, (iv)
mobility, (v) self-direction, (vi) capacity for independent living, and
(vii) economic self-sufficiency; and (e) reflects the person's need for
a combination and sequence of special, interdisciplinary, or generic
care, treatment, or other services which are of lifelong or extended
duration and are individually planned and coordinated.
The term ``person with a disability'' is defined as a family under
24 CFR part 812 and may include, for example: (a) Two or more persons
with disabilities living together, and (b) one or more persons with
disabilities living with another person who is determined to be
important to their care or well-being.
Seriously mentally ill is a person who has a severe and persistent
mental or emotional impairment that seriously limits the person's
ability to live independently.
Supportive services is assistance that (a) addresses the special
needs of eligible persons, including housing search assistance; and (b)
provides appropriate services or assists such persons in obtaining
appropriate services, including health care, mental health treatment,
substance and alcohol abuse services, child care services, case
management services, counseling, supervision, education, job training
and placement, and other services essential for achieving and
maintaining independent living. Inpatient acute hospital care does not
qualify as a supportive service.
Supportive service provider (or service provider) is a person or
organization licensed or otherwise qualified to provide supportive
services either for profit or not for profit.
Transitional housing means housing that will facilitate the
movement of homeless individuals and families to permanent housing
generally within 24 months. This includes, but is not limited to, the
Department of Housing and Urban Development's Supportive Housing
Program (and the predecessor Supportive Housing Demonstration Program),
the Department of Veterans Affairs' Domiciliary Care for Homeless
Veterans program, the residential care component of the Homeless
Chronically Mentally Ill program, and the Compensated Work Therapy/
Therapeutic Residence program for homeless veterans, and the Department
of Health and Human Services' Transitional Living Program for Homeless
Youth and Transitional Housing Demonstration Program.
(2) General
The use of rental assistance under this set-aside is limited to
homeless persons with disabilities as defined in this section of the
NOFA. The rental voucher and rental certificate regulations are
published at 24 CFR parts 887 and 882 (including the nondiscrimination
and Equal Opportunity Requirements). Under the Section 8 program, the
HA makes monthly housing assistance payments to an owner on behalf of
an eligible family, including a single person family, participating in
the program. The maximum housing assistance payment is the difference
between the payment standard or gross rent for the appropriate size
unit and 30 percent of the family's adjusted income. The HA may issue a
rental certificate to a family selected to participate in this set-
aside if the family requests a rental certificate and the HA has one
available. Each HA may select for participation only the number of
persons it is able to assist under the HA's share of the $147.7 million
set-aside regardless of whether the participant requests a rental
certificate in lieu of a rental voucher.
When rental assistance provided by HUD under this set-aside becomes
available for reissue (i.e., the participant initially selected for the
program drops out of the program or is unsuccessful in the search for a
unit, or the participant is terminated from the program), the rental
assistance may only be used for another eligible person or family for
assistance under this set-aside until the Department releases the HA
from that obligation or five years, whichever is earlier.
(3) HA Responsibilities
The role of the HA in administering the rental voucher program is
outlined in 24 CFR part 887 and includes providing rental vouchers,
conducting initial and periodic Housing Quality Standards inspections,
contracting with landlords, undertaking annual and intermediate tenant
income verifications, and making housing assistance payments. If a
rental voucher holder requests a rental certificate in lieu of a rental
voucher and a rental certificate is available, the HA must issue a
rental certificate and follow the rules of the rental certificate
program as outlined at 24 CFR part 882. (See paragraph I(D)(2) of this
NOFA for more information on the total number of families the HA is to
assist under this set-aside.) The HA is also responsible for selecting
eligible persons who are residing in transitional housing facilities
and others from the HA's Section 8 waiting list, from those identified
through outreach efforts who are residing on the street, or in
emergency shelters. Additionally, HAs must amend their Equal
Opportunity Housing Plans to reflect the affirmative outreach
procedures for persons with disabilities who are least likely to apply
for the program. Eligible persons will be issued rental assistance and
assisted in locating suitable private market rental units that meet the
requirements of the rental assistance programs. The HA will also be
responsible for certifying that it will ensure the provision of
supportive services, including funding the services itself if the
planned resources do not become available for any reason. As an
alternative to an HA certification, the HA may provide a certification
from a State, local government, Indian Tribe, or private entity that
ensures the provision of supportive services.
(4) Supportive Service Match
Supportive services must be provided in an amount that at least
matches the total amount of rental assistance budget authority
requested from HUD. The appropriate level and type of supportive
services must be provided to eligible persons over the five-year period
of the rental voucher. It is essential that housing assistance and
appropriate supportive services be provided in a coordinated manner to
give participants the opportunity and support necessary for successful
integration in local communities.
(5) Supportive Services
(a) Search Assistance. The provision of supportive services must
include housing search assistance to assist selected persons to locate
and secure suitable housing. Housing search assistance should include
assisting the person to find and lease a housing unit suitable to the
person's needs and desires. The HA also may use a portion of its
administrative fees to provide some assistance to a person in finding a
unit where, because of race, age, handicap, large family size, or other
reasons, the person is unable to locate an approvable unit.
Additionally, the HA will (i) counsel an eligible person regarding the
civil rights protections under the Fair Housing Act, Title VI of the
Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of
1973; (ii) assist an eligible person in filing a housing discrimination
complaint if the person alleges that illegal discrimination is
preventing the family from leasing a unit; and (iii) inform an eligible
person about its right to make possible modifications to leased
premises at the person's expense.
(b) Other services. It is also anticipated that the eligible
persons who receive assistance under this set-aside will need other
special supportive services to address their unique needs in
maintaining permanent housing. These include: (1) Move-in assistance,
such as security deposits and utility deposits (except as otherwise
provided by a rental voucher or certificate), furnishings, moving
expenses, and other assistance that will help establish a homeless
person in permanent housing; (2) housing counseling in such areas as
budgeting, housecleaning, minor maintenance and repairs, security
practices, and tenants rights and responsibilities; and (3) supportive
services related to the nature of the individual's disability,
including, but not limited to, health care, mental health treatment,
substance and alcohol abuse services, child care services, case
management services, counseling, supervision, education, job training
and placement, day care, nutritional services, intensive care when
required, assistance in gaining access to local, State, and Federal
government benefits, other case management services and other services
essential for achieving and maintaining independent living.
(c) Match Requirements. The application must provide a
certification to ensure that supportive services will be provided and
are at least equal in value to the amount of rental assistance budget
authority to be provided by HUD over the five-year annual contributions
contract (ACC) term. The supportive services may be newly created for
this program or already in operation. The supportive services or
funding for the services may be provided by other Federal, State,
local, or private programs and must be documented in the manner
provided by Attachment 7 of this NOFA.
The supportive services must be available to participants who
receive rental assistance for the entire term of the rental assistance.
The value of supportive services provided to a participant does not
have to equal the amount of rental assistance provided for that same
participant. The funding for all supportive services does not have to
match equally the total amount of rental assistance funding on a year-
to-year basis.
In calculating the amount of the matching supportive services as
documented in Attachment 7 of the application, the applicant may count:
(i) The value of cash provided by the applicant or a third party,
including States, local governments and Indian Tribes, or other persons
or organizations to support program activities;
(ii) The value of non-cash resources (including the salaries of
supportive service providers) provided by the applicant or a third
party, including States, local governments and Indian Tribes, or other
persons or organizations;
(iii) The value of time and services contributed by volunteers
computed at the rate of $10.00 an hour, except for donated professional
services which may be counted at the customary charge for the service
provided (Professional services are services ordinarily performed by
donors for payment, such as the services of health professionals
equivalent to the services they provide in their occupations); and
(iv) The value of a donated building or any lease on a building
used for the provision of supportive services, provided the value
included in the match is no more than the prorated share used for the
program.
II. Application Process
(A) Application Submission and Processing
(1) Deadline
Applications from HAs for the competitive funding under the Section
8 rental voucher set-aside for homeless persons with disabilities must
be received in the Office of the Public Housing Division Director or
the Director of the Office of Indian Programs Office, of the local HUD
Field Office serving the area of the applicant on the due date by 3
p.m. local time on May 2, 1994.
HUD Field Office/Indian Programs Office is the official place of
receipt for all applications. Application forms (HUD-52515) may be
obtained from the appropriate HUD Field Office/Indian Programs Office.
The above-stated application deadline is firm as to date and hour.
In the interest of fairness to all competing applicants, the
Department will treat as ineligible for consideration any application
that is not received on or before the application deadline. Applicants
should take this policy into account and make early submission of their
materials to avoid any risk of loss of eligibility brought about by
unanticipated delays or other delivery-related problems. Field Offices
will not accept applications, or any part of applications, sent via
facsimile (FAX) transmission.
(2) Application Processing
The Field Office/Indian Programs Office will initially screen all
applications, using the ``Checklist for Technical Requirements'',
Attachment 1 of this NOFA, as a guide to determine if an application is
complete. The HUD Field Office/Indian Programs Office will rate the
applications (except for Selection Criterion #2) and send the
applications and rating sheets for all approvable applications to the
Regional Office. The Regional Office must rate all applications for
Selection Criterion #2 and review the ratings of all applications for
all other selection criteria and is responsible for the consistency of
the ratings among the Field Offices/Indian Program Offices within the
region. The Regional Office will re-rate any or all the selection
criteria for applications for which a Field Office/Indian Programs
Office may have scored incorrectly based on information available to
the Regional Office in the applications. The Regional Office must
document the reasons for a change in a score for each selection
criterion. The highest scoring HAs will receive funding for rental
vouchers from the set-aside for the homeless persons with disabilities
program.
(B) Unacceptable Applications
Applications that fall into any of the following categories will
not be processed:
(1) The Department of Justice has brought a civil rights suit
against the applicant HA, and the suit is pending.
(2) 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 court order, or implementing a HUD
approved resident selection and assignment plan or compliance agreement
designed to correct the areas of noncompliance.
(3) 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 non- compliance.
(4) HUD has deferred 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).
(5) The HA has serious unaddressed, outstanding Inspector General
audit findings, fair housing and equal opportunity monitoring review
findings, or Field Office/Indian Programs Office management review
findings for one or more of its rental voucher, rental certificate, or
moderate rehabilitation programs.
(6) The leasing rate for rental certificates and rental vouchers
under ACC for at least one year is less than 75 percent.
(7) 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.
(8) The HA does not administer a rental voucher, certificate, or
moderate rehabilitation program.
(9) The HA is not in compliance with the Single Audit Act, OMB
Circular No. A-128 and HUD's regulations at 24 CFR part 44; or OMB
Circular No. A-133, as applicable.
(10) The HA has not documented that it will provide funds for
supportive services, i.e., letters of intent to provide commitments, or
firm commitments, dependent upon available resources from other
agencies or from non-profits, that at least match the total amount of
rental assistance budget authority requested from HUD.
(C) Application Selection Criteria and Ranking Factors
Applications will be rated based on the criteria listed below.
Applicants must receive points under each of the five criteria to be
eligible for an award.
(1) Selection Criterion 1: HA Administrative Capability (25 points)
(a) Description. Overall HA administrative ability in the Rental
Voucher, Rental Certificate, and Moderate Rehabilitation Programs, as
evidenced by factors such as leasing rates and correct administration
of housing quality standards (HQS), portability of rental vouchers and
certificates, compliance with Fair Housing and Equal Opportunity
program requirements, assistance payment computation, and rent
reasonableness requirements is either excellent or good.
(b) Rating. 16-25 points. Field Office rates overall HA
administration of the Rental Voucher, Rental Certificate, and Moderate
Rehabilitation Programs as excellent; there are no serious outstanding
management review, fair housing and equal opportunity monitoring
review, or Inspector General audit findings (unless the Field Office/
Office of Indian Programs or the Regional Office has appealed the
Office of Inspector General recommendation); the HA is complying with
the portability requirements under the rental voucher and certificate
programs; not more than 15 percent of the units inspected by the Field
Office during the last management review failed to meet housing quality
standards (HQS) or the field office is aware of actions taken by the HA
to improve its inspection procedures; and the leasing rate for rental
vouchers and rental certificates under Annual Contributions Contract
(ACC) for one year or more was at least 95 percent as of September 30,
1992, unless the Field Office/Office of Indian Programs documents that
the report was reflective of HA performance;
1-15 points. Field Office rates overall HA administration of the
Rental Voucher, Rental Certificate, and Moderate Rehabilitation
Programs as good and any management review, fair housing and equal
opportunity monitoring review, or Inspector General audit findings are
being satisfactorily addressed (or the Field Office/Office of Indian
Programs or Regional Office has appealed the Office of Inspector
General recommendation); the HA is complying with the portability
requirements under the rental voucher and certificate programs; not
more than 25 percent of the units inspected by the Field Office during
the last management review failed to meet HQS or the field office is
aware of actions taken by the HA to improve its inspection procedures;
and the leasing rate for rental vouchers and rental certificates under
ACC for one year or more was at least 85 percent as of September 30,
1992, unless the Field Office/Office of Indian Programs documents that
the report is not reflective of HA performance;
0 points. If neither of the above statements apply, assign 0
points.
(2) Selection Criterion 2: Need (25 points)
(a) Description. The need for a rental assistance program targeted
to homeless persons with disabilities as evidenced by data which show
the unmet need and the application demonstrates an understanding of the
specific homeless population(s) to be served. Information from the
Street component of the 1990 U.S. Census may not be used to document
the need for this set-aside within the HA's jurisdiction.
(b) Rating. 16-25 points. The application includes an estimate of
the size of the homeless population within the HA's jurisdiction based
on credible surveys, reports or other data-gathering mechanisms on
homeless populations or the applicable Comprehensive Housing
Affordability Strategy (CHAS) and the size is large relative to that
presented by other applications within the applicant's HUD region. The
application also reveals an indepth understanding of the homeless
population proposed to be served.
1-15 points. The application includes an estimate of the size of
the homeless population within the HA's jurisdiction based on credible
surveys or reports on homeless populations or the applicable CHAS and
the size is of average to less than average size relative to that
presented by other applications within the applicant's HUD region or
the estimates are based on less credible surveys, reports or other
data-gathering mechanisms on homeless populations. The application also
reveals a general but less than in-depth understanding of the homeless
population proposed to be served.
0 points. If neither of the above statements apply, assign 0
points.
(3) Selection Criterion 3: Program Implementation (25 Points)
(a) Description. The application describes the proposed method to
use the rental vouchers to help house the eligible population and
provide services.
(b) Rating. 16-25 points. The application describes the timely
implementation of a plan that will result in eligible participants
finding permanent housing and maintaining residential stability. The
plan has all of the following elements and links all the elements in a
consistent framework: (a) The proposed outreach and selection efforts
ensure that the targeted population is served; (b) The plan provides
housing search assistance that will ensure that eligible persons obtain
appropriate housing; (c) The plan describes a program that will link
participants to appropriate supportive services; (d) The plan describes
an evaluation component that will result in an evaluation of program
effectiveness by the HA, and by the entities that certify to provide
supportive services, and the applicant's making appropriate
improvements to the program.
1-15 points. The application provides for the timely implementation
of a consistent plan that generally covers the following elements for
the use of rental vouchers by the HA: (a) The plan describes minimal
outreach and selection efforts for the targeted population of eligible
persons that will be served; (b) The plan provides housing search
assistance only to a portion of the eligible persons; (c) The plan
describes a program with a minimal link of participants to appropriate
supportive services on a consistent basis; and (d) The plan describes
that a limited overall program evaluation will be conducted by the HA,
and the entities that certify to provide the supportive services, for
effectiveness and appropriate improvements.
0 points. If none of the above statements apply, assign 0 points.
(4) Selection Criterion 4: Quality of the Proposed Supportive Services.
(25 points)
(a) Description: The application provides a description of the
proposed supportive services over the period of the rental assistance.
(b) Rating. 16-25 points. The application describes available
supportive services that will meet almost all of the needs of the
targeted population. This is evidenced by: (a) The identification of
supportive services appropriate to the needs of the population proposed
to be served; (b) A description of the directly-related qualifications
or experience of the supportive services staff; and (c) A plan for
monitoring and evaluating the supportive services provided to eligible
persons to ensure that services are appropriate to their changing needs
on an individual basis.
1-15 points. The application describes the proposed supportive
services that will meet some but not most of the needs of the eligible
population. This is shown by: (a) The identification of supportive
services appropriate to some of the needs of the population proposed to
be served; (b) A description of indirectly-related qualifications or
experience of the supportive services staff; and (c) A plan for
monitoring and evaluating the supportive services provided to eligible
persons that is somewhat likely to ensure services appropriate to their
changing needs.
0 points. If neither of the above statements apply, assign 0
points.
(5) Selection Criterion 5: Documentation of First Year Supportive
Service Funding. (20 points)
(a) Description: The application provides copies of firm financial
commitments to fund the first year of the proposed supportive services.
The first year of supportive services funding is expected to exceed 16%
of the total amount of rental assistance funding requested from HUD.
(b) Rating. 0-20 points. Points will be awarded based on the extent
to which the firm commitments are available at the time of application.
Points will be given by dividing the value of the documented firm
commitments for first year funding for supportive services into the
value of the requested rental assistance as shown in the following
table:
Percent.......................... 0 1-5 6-10 11-15 16+
Points........................... 0 5 10 15 20
(D) 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 local government. The Field Office/Indian
Programs 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. Since 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 local unit of
government.
(E) Funding Applications for Regional Office Competition
(1) General
The set-aside of funding for very low-income homeless persons with
disabilities is for a competition among eligible HAs within each HUD
Region. The HUD Field Office/Indian Programs Office will review and
rate the HA applications on the basis of the selection criteria and
then forward the HA applications on the basis of the selection criteria
and then forward the applications and the rating sheets to the
appropriate Regional Office for review, re-rating of the criteria (if
necessary to ensure consistency in the rating of applications in that
region), and selection of the highest-rated approved applications.
(2) Maximum Funding Allowed
The Regional Offices may not approve funding for an HA under this
NOFA for more than 200 units.
(3) Minimum Funding Allowed
The Regional Offices may not approve funding for an HA under this
NOFA for less than 25 units, unless:
(i) The HA requests fewer than 25 units; or,
(ii) The residual budget authority after funding higher ranking
applications is insufficient to fund at least 25 units.
(4) Funding Procedure
The Field Office/Indian Programs Office will forward all approvable
applications along with the rating sheets to the Regional Office. The
Regional Office will, after its review and re-rating, rank within that
region all approvable applications. The Regional Office must select for
funding applications in rank order until all the housing assistance
budget authority is selected for use.
Where a Regional Office selects for funding applications according
to rank order, only to find it has some number of units left, but not
enough to fund the next fundable application in its entirety or for the
minimum of 25 units, that application can be selected for funding to
the extent of the number of units available.
The Regional Office must promptly notify the applicable Field
Office or Indian Programs Office as to the status of any applications
from HAs and, if applicable, the amount of budget authority to be made
available for HA applications that were selected for funding by the
Regional Office.
(F) Reallocation of Funds Between Metropolitan and Nonmetropolitan
Areas
The funding for this set-aside is not subject to the split between
metropolitan and nonmetropolitan areas as usually required by 24 CFR
791.403 (a). An HA may apply for funding in its jurisdiction and the
Regional Office will select for funding applications without regard to
the metropolitan or nonmetropolitan designation of the county or
counties.
III. Checklist for Application Submission Requirements
(A) General
The application from the HA shall include the information requested
in this section and Attachment 1 of this NOFA as well as any other data
which the applicant wishes to submit.
(B) Required Application Contents
(1) HA Application Forms
Each HA must submit Form HUD-52515, Application for Existing
Housing (Attachment 2), in accordance with the applicable program
regulations, and a cover letter stating the total number of rental
vouchers requested and the minimum number acceptable (See Item 1 of
Attachment 1).
(2) Description of Homeless Population
The application must describe on not more than 4 pages the number
and characteristics of the very low-income homeless persons with
disabilities to be served and the living situations that qualify them
as homeless. The basis, or source, used for making these estimates and
estimates of the homeless population in the HA's jurisdiction should be
identified and may include local surveys or reports, including the
applicable CHAS.
(3) Narrative on Program Implementation
The application must describe on not more than 10 pages:
(a) An explanation of how the proposal will serve persons who are
disabled, including any specially designed program components that
serve any targeted homeless population, including persons who are
seriously mentally ill; have chronic problems with alcohol, drugs, or
both; or have acquired immunodeficiency syndrome (AIDS or related
diseases) and their families;
(b) The proposed plan for the use of the rental assistance, and the
proposed outreach efforts used to obtain participation of the targeted
population of eligible persons;
(c) The method that the HA will use to select eligible persons and
may describe any written agreements with transitional housing
facilities, homeless shelters, local government agencies and/or service
providers to assist in the identification of eligible persons;
(d) The plan for housing search assistance and how participants
will be linked to appropriate supportive services;
(e) The plan for evaluating the effectiveness of the overall
program by the HA, and the entities that certify to provide supportive
services, and how improvements will be made, if needed; and
(f) How the program will be carried out in a timely manner.
(4) Description of Supportive Services
The application must include the following information on the
proposed supportive services, on not more than 8 pages for items (a) to
(d) and on additional pages for items (e) and (f):
(a) A description of the range of supportive services that are
appropriate to the target population being served, and the planned
method for delivery at scattered sites;
(b) Identification of the proposed service provider(s) and a
statement of the qualifications and experience of the provider(s) in
managing the service that will be provided;
(c) The management and staffing plans of the service provider(s),
including the number and qualifications of professionals and
volunteers, with respect to the service to be provided;
(d) A description of how the service will be monitored, evaluated
and, if necessary, adapted to meet the changing needs of the population
to be served and how the services assist participants in assimilating
into the community;
(e) A certification ensuring the provision of supportive services
over the term of the rental assistance; and
(f) Firm financial commitments from supportive service providers
for the first year of funding. Financial commitments for funding of
supportive services for the second through the fifth year of the
demonstration program. The total financial commitments must match on a
one-for-one basis the amount of funding provided for rental assistance.
Any documentation from States, units of general local government,
Indian Tribes, HAs, service providers and other third parties for
supportive services commitments made to the program must follow the
required format in Attachment 7 of this NOFA.
(5) Drug-Free Workplace Certification
The Drug-Free Workplace Act of 1988 requires grantees of Federal
agencies to certify that they will provide a drug-free workplace. Thus,
each HA must certify (even though it has done so previously) that it
will comply with the drug-free workplace requirements in accordance
with 24 CFR part 24, subpart F. (See attached Certification for Drug-
Free Workplace, Attachment 3.)
(6) Certification Regarding Lobbying
Section 319 of the Department of the Interior Appropriations Act,
Public Law 101-121, approved October 23, 1989, (31 U.S.C. 1352)
generally prohibits recipients of Federal contracts, grants, and loans
from the use of appropriated funds for lobbying the Executive or
Legislative Branches of the Federal Government in connection with the
specific contract, grant, or loan. The Department's regulations on
these restrictions on lobbying are codified at 24 CFR part 87. To
comply with 24 CFR 87.110, any HA submitting an application under this
NOFA for more than $100,000 of budget authority assistance must submit
a certification and, if warranted, a Disclosure of Lobbying Activities.
To assist HAs, the text for the certification regarding lobbying
(Attachment 4 and Standard Form LLL, ``Disclosure Form to Report
Lobbying'', Attachment 5) are attached.
(7) Certification Regarding Compliance With Single Audit Act
The HA must be in compliance with the Single Audit Act, OMB
Circular No. A-128 and HUD's implementing regulations at 24 CFR part
44; or OMB Circular No. A-133, in order to be eligible for funding. The
certification must include the period covered by the last audit
conducted and submitted to HUD in accordance with these requirements,
or the period covered by the audit currently under contract. Applicants
who are not currently in compliance with the audit requirements are not
eligible for funding. To complete the application, an HA must submit a
certification of its compliance with the Single Audit Act (see
Attachment 6).
IV. Corrections to Deficient Applications
To be eligible for processing, an application must be received by
the appropriate Field Office/Indian Programs Office no later than the
date and time specified in Section II of this NOFA. The Field Office/
Indian Programs Office will initially screen all applications and
notify HAs of technical deficiencies by letter.
If an application has technical deficiencies, the HA will have 14
calendar days from the date of the issuance of written notification to
submit the missing or corrected information to the Field Office and/or
Indian Programs Office. Curable technical deficiencies relate only to
items that do not improve the substantive quality of the application
relative to the rating factors.
All HAs must submit corrections within 14 calendar days from the
date of HUD's letter notifying the applicant of any such deficiency.
Information received after 3 p.m. local time (i.e., the time in the
appropriate Field Office/Indian Program Office), of the fourteenth
calendar day of the correction period will not be accepted and the
application will be rejected as incomplete. All HAs are encouraged to
review the initial screening checklist provided in Attachment 1 of this
notice. The checklist identifies all technical requirements needed for
application processing. An HA application that does not comply with the
requirements of 24 CFR 887.55(b) and this notice, including the drug-
free workplace certification and the anti-lobbying certification/
disclosure requirements, Single Audit Act certification, after the
expiration of the 14-day cure period will be rejected from processing.
V. Other Matters
(A) Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made 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). The Finding 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, DC 20410.
(B) Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this NOFA
does not have substantial, direct effects on the States, on their
political subdivisions, or on the relationship between the Federal
government and the States, or on the distribution of power or
responsibilities among the various levels of government, because this
NOFA would not substantially alter the established roles of HUD, the
States and local governments, including HAs.
(C) 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.
(D) Accountability in the Provision of HUD Assistance
On March 14, 1991 (56 FR 11032), HUD published a final rule to
implement section 102 of the Department of Housing and Urban
Development Reform Act of 1989 (HUD Reform Act). The final rule is
codified at 24 CFR part 12. Section 102 contains 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 16, 1992, HUD published, at 57 FR 1942, additional information
that gave the public (including applicants for, and recipients of, HUD
assistance) further 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:
(1) Documentation and Public Access
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
quarterly Federal Register notice of all recipients of HUD assistance
awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and
the notice published in the Federal Register on January 16, 1992 (57 FR
1942), for further information on these requirements.)
(2) 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. (See
24 CFR subpart C, and the notice published in the Federal Register on
January 16, 1992 (57 FR 1942), for further information on these
disclosure requirements.)
(E) 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 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 a 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
Amendment, but IHAs established under State law are not excluded from
the statute's coverage.
(F) Prohibition Against Lobbying of HUD Personnel
Section 13 of the Department of Housing and Urban Development Act
(42 U.S.C. 3537b) contains two provisions dealing with efforts to
influence HUD's decisions with respect to financial assistance. The
first imposes disclosure requirements on those who are typically
involved in these efforts--those who pay others to influence the award
of assistance or the taking of a management action by the Department
and those who are paid to provide the influence. The second restricts
the payment of fees to those who are paid to influence the award of HUD
assistance, if the fees are tied to the number of housing units
received or are based on the amount of assistance received, or if they
are contingent upon the receipt of assistance. Section 13 was
implemented by final rule published in the Federal Register on May 17,
1991 (56 FR 29912), and is codified at 24 CFR part 86. If readers are
involved in any efforts to influence the Department in these ways, they
are urged to read the final rule, particularly the examples contained
in Appendix A of the rule.
(G) Prohibition Against Advance Information on Funding Decisions
Section 103 of the HUD Reform Act proscribes the communication of
certain information by HUD employees to persons not authorized to
receive that information during the selection process for the award of
assistance that entails a competition for its distribution. HUD's
regulations implementing section 103 are codified at 24 CFR part 4 (see
56 FR 22088, May 13, 1991). In accordance with the requirements of
section 103, HUD employees involved in the review of applications and
in the making of funding decisions under a competitive funding process
are restrained by 24 CFR part 4 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 by 24 CFR part 4. Applicants who have questions should
contact the HUD Office of Ethics (202) 708-3815 (voice/TDD). (This is
not a toll-free number.)
Any questions concerning the Reform Act rule should be directed to
the Office of Ethics, Room 2158, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410-3000.
Telephone: (202) 708-3815 (voice/TDD). (This is not a toll-free
number.) Forms necessary for compliance with the rule may be obtained
from the local HUD office.
Authority: Secs. 3, 5, 8, United States Housing Act of 1937 (42
U.S.C. 1437a, 1437c, 1437f).
Dated: January 25, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.
Attachment 1--Checklist for Technical Requirements
The following checklist specifies the required information which
must be submitted in the application.
Initial Screening Checklist
------------------------------------------------------------------------
HA Field
-------- Office
---------
Yes No Yes No
------------------------------------------------------------------------
1. The application contains a cover letter stating the
total number of rental vouchers requested in the
application and indicates whether the applicant is
willing to accept a reduced number and the minimum
number the applicant is willing to accept.
2. The application includes Form HUD 52515,
application for Section 8 rental voucher funding.
3. The application demonstrates that the applicant
qualifies as a public housing agency and is legally
qualified and authorized to participate in the rental
assistance programs for the area in which the
programs are to be carried out. Such demonstration
includes: (1) the relevant enabling legislation, (ii)
any rules and regulations adopted or to be adopted by
the agency to govern its operations, and (iii) a
supporting opinion from the agency counsel. If such
documents are currently on file in the Field Office/
Indian Programs Office they do not have to be
resubmitted.
4. The application includes a statement that the
housing quality standards to be used in the operation
of the program will be as set forth in 24 CFR 887.251
or that variations in the Acceptability Criteria are
proposed or have been approved by the Field Office/
Indian Programs Office. In the latter case, each
proposed variation shall be specified and justified.
5. The application contains a written narrative
explanation of the proposed implementation of the set-
aside of rental voucher funding for homeless persons
with disabilities as required by Section III(B)(3) of
this NOFA. The narrative must show a schedule for the
lease-up of 100% of the units within 12 months of
application approval.
6. The application contains a description of the data
which shows the extent of homelessness within the
HA's jurisdiction as required by Section III(B)(2) of
this NOFA.
7. The application includes a certification from the
HA or a State, local government, Indian Tribe or
private entity (See Attachment 7) that ensures the
provision of supportive services, including funding
the services itself if the planned resources do not
become available for any reason.
8. The application contains a description of
supportive services proposed to be provided over the
five year term of the ACC as required by Section
III(B)(4) of this NOFA.
9. The application also contains documentation for the
proposed supportive services program as required by
Section III(B)(4) of this NOFA.
------------------------------------------------------------------------
Requirement for Drug-Free Workplace Certification, Anti-Lobbying
Certification and Disclosure Statement and Single Audit Act
------------------------------------------------------------------------
The application meets HUD's drug-free workplace
requirement set out at 24 CFR part 24, subpart F.
(The application contains an executed Certification
for a Drug-Free Workplace (Attachment 3).)
The application meets HUD's regulations regarding anti-
lobbying set out at 24 CFR part 87. The anti-lobbying
requirements apply to applications that, if approved,
would result in the HA obtaining more than $100,000
in budget authority. To comply, HAs must submit an
Anti- Lobbying Certification (Attachment 4) and if
warranted, a Disclosure of Lobbying Activities
(Attachment 5).
The application meets the requirement that the
applicant is in compliance with the Single Audit Act,
OMB Circular No. A-128 and HUD's regulations at 24
CFR Part 44; or OMB Circular No. A-133. The HA must
submit a Single Audit Act Certification (Attachment
6). HAs who are not currently in compliance with the
audit requirements will not be eligible for funding.
------------------------------------------------------------------------
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Attachment 3--Certification Regarding Drug-Free Workplace Requirements
(From 24 CFR 24, Appendix C) Instructions for Certification
1. By signing and/or submitting this application or grant
agreement, the grantee is providing the certification set out below.
2. The certification set out below is a material representation of
fact upon which reliance was placed when the agency determined to award
the grant. If it is later determined that the grantee knowingly
rendered a false certification, or otherwise violates the requirements
of the Drug-Free Workplace Act, the agency, in addition to any other
remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate II applies.
Certification Regarding Drug-Free Workplace Requirements--Alternate I
A. The grantee certifies that it will provide a drug-free workplace
by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees
about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph
(a) that, as a condition of employment under the grant, the employee
will--
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for
a violation occurring in the workplace no later than five days after
such conviction;
(e) Notifying the agency within ten days after receiving notice
under subparagraph (d)(2) from an employee or otherwise receiving
actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of
receiving notice under subparagraph (d)(2), with respect to any
employee who is so convicted--
(1) Taking appropriate personnel action against such an employee,
up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes
by a Federal, State, or local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and (f).
B. The grantee shall insert in the space provided below the site(s)
for the performance of work done in connection with the specific grant:
Place of Performance (Street address, city, county, state, zip
code)
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(Name & Title)
----------------------------------------------------------------------
(Signature & Date)
Alternate II
The grantee certifies that, as a condition of the grant, he or she
will not engage in the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance in conducting any activity
with the grant.
----------------------------------------------------------------------
(Name & Title)
----------------------------------------------------------------------
(Signature & Date)
Attachment 4--Certification Regarding Lobbying Certification for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and
belief, that:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Signed by: (Name, Title & Signature of Authorized HA Official)
----------------------------------------------------------------------
(Name & Title)
----------------------------------------------------------------------
(Signature & Date)
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Attachment 6--Certification Regarding Single Audit Act
The undersigned certifies that, to the best of his or her
knowledge, the housing agency is currently in compliance with the audit
requirements under the Single Audit Act, OMB Circular No. A-128 and
HUD's implementing regulations at 24 CFR Part 44; or OMB Circular No.
A-133, as applicable. This certification includes the period [insert
dates audit covers] which covers the last audit conducted and submitted
to HUD in accordance with these requirements, or the period for audit
currently under contract.
Signed by: (Name, Title & Signature of Authorized HA Official)
----------------------------------------------------------------------
(Name & Title)
----------------------------------------------------------------------
(Signature & Date)
Attachment 7--Commitments for Supportive Services
A. Certification
Applicants must submit the following certification which may be
signed by an authorized certifying official for the HA in the case that
the HA itself will ensure the provision of supportive services. In the
case that a State, local government, Indian Tribe or private entity
will ensure the provision of supportive services, an authorized
certifying official of that entity would sign this certification:
The ________________[insert name of HA or other entity] assures
that it will make available supportive services appropriate to the
needs of the population to be served and at least equal in value to the
aggregate amount of rental assistance funded by HUD for the full term
of the ACC for this program and that this [organization/government]
will fund the supportive services itself if the planned resources do
not become available for any reason.
Signature of Authorized Certifying Official:---------------------------
Date:________________
Title:________________
Name of State, local government, Indian Tribe or private entity, if
applicable:
----------------------------------------------------------------------
Applicant name and PHA Number:-----------------------------------------
B. Documentation of Supportive Services
Applicants must submit the following documentation for supportive
services. All cash contributions and the value of in-kind contributions
must be listed below in order to count as matching resources and must
include documentation in accordance with the instructions provided
below. Applicants do not have to provide documentation of the full
amount of the supportive service match in the application. Applicants
receiving awards will be required to provide over the term of the grant
supportive services that are valued at an amount at least equal to the
aggregate amount of rental assistance.
1. Summary by Type of Documented Resources
Enter in this chart the source of the supportive services
commitment, the type of service committed, the application's page
number for the documentation and the cash value as required in Section
I(D)(4) of the NOFA. Documented cash and in-kind resources may be
funded or provided from Federal, State, local, non-profit and private
sources. List only those that are committed at the time of the
application.
Summary of Supportive Services Chart
----------------------------------------------------------------------------------------------------------------
Type of service Page No. of Value of HUD use
Name of provider contributed documentation service only
----------------------------------------------------------------------------------------------------------------
................ ................ .......... ..........
................ ................ .......... ..........
................ ................ .......... ..........
................ ................ .......... ..........
................ ................ .......... ..........
................ ................ .......... ..........
----------------------------------------------------------------------------------------------------------------
2. Supportive Services Documentation
Applicants that list the cash value of matching resources in 1 must
document these resources in the appropriate format described below and
on letterhead stationery, except the documentation for private
individuals need not be printed on letterhead. No other format will be
accepted as evidence of a firm commitment.
a. Applicant Cash
________________[date]
If this proposal is funded, ________________[applicant name] will
commit $________ [amount] of its own funds for ________________[type of
activity] to be made available for the supportive services component of
the Section 8 Rental Voucher Set-aside for Homeless Persons with
Disabilities program. The funds will be available on
________________[date].
----------------------------------------------------------------------
[Signature and title of applicant's authorized representative]
b. Third Party Cash, includes State, local government, Indian Tribe or
private entity Cash
________________[date]
If this proposal is funded, ________________ [third party name]
will commit $ ________ [amount] to ________________ [applicant/
coordinating entity] for ________________ [type of activity] to be made
available for the supportive services component of the Section 8 Rental
Voucher Set-aside for Homeless Persons with Disabilities program. The
funds will be available on ________________ [date].
----------------------------------------------------------------------
[Signature and title of third party's authorized representative]
c. Third Party Non-cash Resources
________ [date]
If this proposal is funded, ________________ [third party name]
will commit to make available ________________ [type of resource]
valued at $ ________ [amount] to be made available for the supportive
services component of the Section 8 Rental Voucher Set-aside for
Homeless Persons with Disabilities program of ________________ [name of
applicant/coordinating entity]. These resources will be available on
________ [date].
----------------------------------------------------------------------
[Signature and title of third party's authorized representative]
d. Donated Professional Services
________ [date]
If this proposal is funded, ________________ [professional's name]
will commit to make available ________________ [type of resource
ordinarily performed for payment] valued at $ ________ [amount based on
customary charge] to be made available for the supportive services
component of the Section 8 Rental Voucher Set-aside for Homeless
Persons with Disabilities program of ________________ [name of
applicant/coordinating entity]. These resources will be available from
________ [date] to ________ [date].
----------------------------------------------------------------------
[Signature and title, if any]
e. Volunteer Time
________________ [date]
If this proposal is funded, ________________ [volunteer's name]
will commit to provide ________ [number] hours of volunteer time to
provide ________________ [type of activity] to be made available for
the supportive services component of the Section 8 Rental Voucher Set-
aside for Homeless Persons with Disabilities program of
________________ [name of applicant/coordinating entity]. The total
value of these services is $ ________ [amount based on $10.00 per
hour]. These resources will be available from ________ [date] to
________ [date].
----------------------------------------------------------------------
----------------------------------------------------------------------
[Signature and title, if any]
f. Contribution of a Building Owned or Leased
________ [date]
If this proposal is funded, ________________ [applicant/other party
name] pledges the {building {or} leasehold interest of the building} at
________________ [site address] to be made available for the supportive
services component of the Section 8 Rental Voucher Set-aside for
Homeless Persons with Disabilities program. The building has a fair
market value of $ ________ [amount] {or} fair rental value of $
________ [amount] annually, and at constant value will amount to $
________ [amount] over ________ [term of the lease]}. An appropriate
independent third party made this assessment which is based on
comparable properties in the area. These resources will be available on
________ [date].
----------------------------------------------------------------------
[Signature and title of applicant/other party's authorized
representative]
g. Contributed Materials
________________ [date]
If this proposal is funded, ________________ [name of organization/
individual] commit ________________ [material being committed] for the
supportive services component of the Section 8 Rental Voucher Set-aside
for Homeless Persons with Disabilities program. The estimated value of
this material is $ ________ [amount].
----------------------------------------------------------------------
[Signature and title of applicant/other party's authorized
representative or signature and title, if any]
[FR Doc. 94-2092 Filed 1-31-94; 8:45 am]
BILLING CODE 4210-33-P
