[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Notices]
[Pages 10904-10910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5535]
[[Page 10903]]
_______________________________________________________________________
Part VII
Department of Housing and Urban Development
_______________________________________________________________________
Family Unification Program Funding Availability for Fiscal Year 1999;
Notice
Federal Register / Vol. 64, No. 43 / Friday, March 5, 1999 /
Notices
[[Page 10904]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4414-N-01]
Notice of Funding Availability Family Unification Program Fiscal
Year 1999
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of Funding Availability (NOFA).
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SUMMARY: Purpose of the Program. The purpose of the Family Unification
Program is to promote family unification by providing housing
assistance to families for whom the lack of adequate housing is a
primary factor in the separation, or the threat of imminent separation,
of children from their families.
Available Funds. The $75 million in one-year budget authority will
support approximately 11,200 Section 8 rental vouchers. A provision in
the FY 1998 Family Unification Program NOFA indicated that any
approvable 1998 applications not funded because of insufficient funds
would be funded first with any Family Unification Program
appropriations available in FY 1999. Accordingly, these unfunded FY
1998 applications were funded first in FY 1999 in the order in which
they were selected in the FY 1998 lottery for the Family Unification
Program. After funding these previously unfunded FY 1998 applications,
approximately $28.2 million to fund approximately 4,200 units will be
available in FY 1999 for new applications for the Family Unification
Program.
Eligible Applicants. Public Housing Agencies (PHAs). Indian Housing
Authorities, Indian tribes and their tribally designated housing
entities are not eligible.
Application Deadline. May 28, 1999.
Match. None.
Additional Information
If you are interested in applying for funding under the Family
Unification Program, please read the balance of this NOFA which will
provide you with detailed information regarding the submission of an
application, Section 8 program requirements, the application selection
process to be used in selecting applications for funding, and other
valuable information relative to a PHA's application submission and
participation in the Family Unification Program.
Application Due Dates and Application Submission
Delivered Applications. The application deadline for delivered
applications for the Family Unification Program NOFA is May 28, 1999,
6:00 p.m., local HUD Field Office HUB or local HUD Field Office Program
Center time.
This application deadline is firm as to date and hour. In the
interest of fairness to all competing PHAs, HUD will not consider any
application that is received after the application deadline. Applicants
should take this practice 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. HUD will
not accept, at any time during the NOFA competition, application
materials sent via facsimile (FAX) transmission.
Mailed Applications. Applications for the Family Unification
Program will be considered timely filed if postmarked before midnight
on the application due date and received by the local HUD Field Office
HUB or local HUD Field Office Program Center within ten (10) days of
that date.
Applications Sent By Overnight Delivery. Overnight delivery items
will be considered timely filed for the Family Unification Program if
received before or on the application due date, or upon submission of
documentary evidence that they were placed in transit with the
overnight delivery service by no later than the specified application
due date.
Official Place of Application Receipt. The original and a copy of
the application for the Family Unification Program must be submitted to
the local HUD Field Office HUB, Attention: Director, Office of Public
Housing; or to the local HUD Field Office Program Center, Attention:
Program Center Coordinator. The local HUD Field Office HUB or local HUD
Field Office Program Center is the official place of receipt for all
applications received in response to this NOFA. For ease of reference,
the term ``local HUD Field Office'' will be used throughout this NOFA
to mean the local HUD Field Office HUB or local HUD Field Office
Program Center.
For Application Kits, Further Information and Technical Assistance
For Application Kit. An application kit is not available and is not
necessary for submitting an application for the Family Unification
Program.
For Further Information. For answers to your questions, you have
two options. You may contact the local HUD Field Office. You may also
contact George C. Hendrickson, Housing Program Specialist, Room 4216,
Office of Public and Assisted Housing Delivery, Department of Housing
and Urban Development, 451 Seventh Street, SW, Washington, DC 20410;
telephone (202) 708-1872, ext. 4064. (This number is not a toll-free
number). Persons with hearing or speech impairments may access this
number via TTY (text telephone) by calling the Federal Information
Relay Service at 1-800-877-8339 (this is a toll free number).
For Technical Assistance. Prior to the application due date, George
C. Hendrickson of HUD's Headquarters staff (at the address and
telephone number indicated above) will be available to provide general
guidance and technical assistance about this NOFA. Current law does not
permit HUD staff to assist in preparing the application. Following
selection, but prior to award, HUD staff will be available to assist in
clarifying or confirming information that is a prerequisite to the
offer of an award by HUD.
I. Authority, Purpose, Amount Allocated, and Eligibility
(A) Authority
The Family Unification Program is authorized by section 8(x) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(x)). The Department
of Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (Pub.L. 105-276, approved October 21,
1998), hereinafter referred to as the 1999 Appropriations Act) provides
funding for the Family Unification Program. Of the approximately $75
million available under this NOFA, approximately $23.4 million are
carryover amounts from the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
1998 (Pub.L. 105-65, approved October 27, 1997).
(B) Purpose
The Family Unification Program is a program under which Section 8
rental assistance is provided to families for whom the lack of adequate
housing is a primary factor which would result in:
(1) The imminent placement of the family's child, or children, in
out-of-home care; or
(2) The delay in the discharge of the child, or children, to the
family from out-of-home care.
Rental vouchers awarded under the Family Unification Program are
administered by PHAs under HUD's
[[Page 10905]]
regulations for the Section 8 rental voucher program (24 CFR parts 887
and 982). In prior fiscal years HUD provided funding for rental
certificates only for the Family Unification Program. In FY 1999,
however, HUD will be providing rental vouchers only for this program.
This is due to provisions in the Quality Housing and Work
Responsibility Act of 1998 that call for the merging of the Section 8
rental voucher and certificate programs into a rental voucher program.
HUD intends to publish an interim rule in the spring of FY 1999 to
implement the new rental voucher program. Since successful applicants
for the FY 1999 Family Unification Program will not be funded until
after the implementation of the interim rule, rental vouchers are being
provided this year for the Family Unification Program in lieu of rental
certificates.
(C) Amount Allocated
This NOFA announces the availability of approximately $75 million
for the Family Unification Program which will provide assistance for
about 11,200 families. PHAs with a current Section 8 rental voucher and
certificate program of more than 500 units as shown in the most recent
HUD-approved program budget may apply for funding for a maximum of 100
units. PHAs with a current Section 8 rental voucher or certificate
program of 500 units or less as shown in the most recent HUD-approved
program budget may apply for a maximum of 50 units. PHAs not currently
administering either a Section 8 rental voucher or certificate program
may apply for a maximum of 50 units.
The amounts allocated under this NOFA were be awarded first to
those PHAs having submitted approvable applications in FY 1998 but
which were not funded due to insufficient funding. (The NOFA for FY
1998's Family Unification Program, FR-4360, provided that unfunded FY
1998 Family Unification Program applications would be funded first in
FY 1999 contingent upon available appropriations.) Approximately $46.8
million was required to fund these applications. The balance of
approximately $28.2 million in FY 1999 funding for approximately 4,200
units will be awarded under a national competition based on threshold
criteria. A national lottery will be conducted to select approvable
applications for funding if approvable applications are submitted by
PHAs in FY 1999 for more than the approximately $28.2 million available
under this NOFA for new applications.
The Family Unification Program is exempt from the fair share
allocation requirements of section 213(d) of the Housing and Community
Development Act of 1974 (42 U.S.C. 1439(d)) and the implementing
regulations at 24 CFR part 791, subpart D.
(D) Eligible Applicants
(1) Family Unification Program Eligibility. Any PHA established
pursuant to State law, including regional (multicounty) or State PHAs,
may apply for funding under this NOFA. Indian Housing Authorities,
Indian tribes and their tribally designated housing entities are not
eligible.
(2) Eligibility for HUD-Designated Housing Agencies with Major
Program Findings. Some PHAs currently administering the Section 8
rental voucher and certificate programs have, at the time of
publication of this NOFA, major program management findings from
Inspector General audits, HUD management reviews, or Independent Public
Accountant (IPA) audits that are open and unresolved or other
significant program compliance problems. HUD will not accept
applications for additional funding from these PHAs as contract
administrators if, on the application deadline date, the findings are
not closed to HUD's satisfaction. If any of these PHAs want to apply
for the Family Unification Program, the PHA must submit an application
that designates another housing agency, nonprofit agency, or contractor
that is acceptable to HUD. The PHA application must include an
agreement by the other housing agency or contractor to administer the
program for the new funding increment on behalf of the PHA and a
statement that outlines the steps the PHA is taking to resolve the
program findings. Immediately after the publication of this NOFA, the
Office of Public Housing in the local HUD Office will notify, in
writing, those PHAs that are not eligible to apply because of
outstanding management or compliance problems. The PHA may appeal the
decision if HUD has mistakenly classified the PHA as having outstanding
management or compliance problems. Any appeal must be accompanied by
conclusive evidence of HUD's error (i.e, documentation showing that the
finding has been cleared) and must be received prior to the application
deadline.
II. General Requirements and Requirements Specific To the Family
Unification Program
(A) General Requirements
(1) Compliance with Fair Housing and Civil Rights Laws. All
applicants must comply with all fair housing and civil rights laws,
statutes, regulations, and executive orders as enumerated in 24 CFR
5.105(a). If an applicant: (a) has been charged with a systemic
violation of the Fair Housing Act by the Secretary alleging ongoing
discrimination; (b) is the defendant in a Fair Housing Act lawsuit
filed by the Department of Justice alleging an ongoing pattern or
practice of discrimination; or (c) has received a letter of
noncompliance findings under Title VI of the Civil Rights Act, section
504 of the Rehabilitation Act of 1973, or section 109 of the Housing
and Community Development Act, the applicant's application will not be
evaluated under this NOFA if, prior to the application deadline, the
charge, lawsuit, or letter of findings has not been resolved to the
satisfaction of the Department. HUD's decision regarding whether a
charge, lawsuit, or a letter of findings has been satisfactorily
resolved will be based upon whether appropriate actions have been taken
necessary to address allegations of ongoing discrimination in the
policies or practices involved in the charge, lawsuit, or letter of
findings.
(2) Additional Nondiscrimination Requirements. Applicants must
comply with the Americans with Disabilities Act, and Title IX of the
Education Amendments Act of 1972. In addition to compliance with the
civil rights requirements listed at 24 CFR 5.105, each successful
applicant must comply with the nondiscrimination in employment
requirements of Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), the Equal Pay Act (29 U.S.C. 206(d)), the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), and
Titles I and V of the Americans with Disabilities Act (42 U.S.C. 12101
et seq.).
(3) Affirmatively Furthering Fair Housing. Applicants have a duty
to affirmatively further fair housing. Applicants will be required to
identify the specific steps that they will take to: (a) address the
elimination of impediments to fair housing that were identified in the
jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice; (b)
remedy discrimination in housing; or (c) promote fair housing rights
and fair housing choice.
(4) Certifications and Assurances. Each applicant is required to
submit signed copies of Assurances and Certifications. The standard
Assurances and Certifications are on Form HUD-52515, Funding
Application, which includes the Equal Opportunity Certification,
Certification Regarding Lobbying, and Certification Regarding Drug-Free
Workplace Requirements.
[[Page 10906]]
(B) Requirements Specific to the Family Unification Program
(1) Eligibility. (a) Family Unification eligible families. Each PHA
must modify its selection preference system to permit the selection of
Family Unification eligible families for the program with available
funding provided by HUD for this purpose. The term ``Family Unification
eligible family'' means a family that:
(i) The public child welfare agency has certified is a family for
whom the lack of adequate housing is a primary factor in the imminent
placement of the family's child, or children, in out-of-home care, or
in the delay of discharge of a child, or children, to the family from
out-of-home care; and
(ii) The PHA has determined is eligible for Section 8 rental
assistance.
(b) Lack of Adequate Housing. The lack of adequate housing means:
(i) A family is living in substandard or dilapidated housing; or
(ii) A family is homeless; or
(iii) A family is displaced by domestic violence; or
(iv) A family is living in an overcrowded unit.
(c) Substandard Housing. A family is living in substandard housing
if the unit where the family lives:
(i) Is dilapidated;
(ii) Does not have operable indoor plumbing;
(iii) Does not have a usable flush toilet inside the unit for the
exclusive use of a family;
(iv) Does not have a usable bathtub or shower inside the unit for
the exclusive use of a family;
(v) Does not have electricity, or has inadequate or unsafe
electrical service;
(vi) Does not have a safe or adequate source of heat;
(vii) Should, but does not, have a kitchen; or
(viii) Has been declared unfit for habitation by an agency or unit
or government.
(d) Dilapidated Housing. A family is living in a housing unit that
is dilapidated if the unit where the family lives does not provide safe
and adequate shelter, and in its present condition endangers the
health, safety, or well-being of a family, or the unit has one or more
critical defects, or a combination of intermediate defects in
sufficient number or extent to require considerable repair or
rebuilding. The defects may result from original construction, from
continued neglect or lack of repair or from serious damage to the
structure.
(e) Homeless. A homeless family includes any person or family that:
(i) Lacks a fixed, regular, and adequate nighttime residence; and
(ii) Has a primary nighttime residence that is:
--A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing);
--An institution that provides a temporary residence for persons
intended to be institutionalized; or
--A public or private place not designed for, or ordinarily used as, a
regular sleeping accommodation for human beings.
(f) Displaced by Domestic Violence. A family is displaced by
domestic violence if:
(i) The applicant has vacated a housing unit because of domestic
violence; or
(ii) The applicant lives in a housing unit with a person who
engages in domestic violence.
(iii) ``Domestic violence'' means actual or threatened physical
violence directed against one or more members of the applicant family
by a spouse or other member of the applicant's household.
(g) Involuntarily Displaced. For a family to qualify as
involuntarily displaced because of domestic violence:
(i) The PHA must determine that the domestic violence occurred
recently or is of a continuing nature; and
(ii) The applicant must certify that the person who engaged in such
violence will not reside with the family unless the HA has given
advance written approval. If the family is admitted, the PHA may
terminate assistance to the family for breach of this certification.
(h) Living in Overcrowded Housing. A family is considered to be
living in an overcrowded unit if:
(i) The family is separated from its child (or children) and the
parent(s) are living in an otherwise standard housing unit, but, after
the family is re-united, the parents' housing unit would be overcrowded
for the entire family and would be considered substandard; or
(ii) The family is living with its child (or children) in a unit
that is overcrowded for the entire family and this overcrowded
condition may result in the imminent placement of its child (or
children) in out-of-home care.
For purpose of this paragraph (h), the PHA may determine whether
the unit is ``overcrowded'' in accordance with PHA subsidy standards.
(i) Detained Family Member. A Family Unification eligible family
may not include any person imprisoned or otherwise detained pursuant to
an Act of the Congress or a State law.
(j) Public child welfare agency (PCWA). PCWA means the public
agency that is responsible under applicable State law for determining
that a child is at imminent risk of placement in out-of-home care or
that a child in out-of-home care under the supervision of the public
agency may be returned to his or her family.
(2) PHA Responsibilities. PHAs must:
(a) Accept families certified by the PCWA as eligible for the
Family Unification Program. The PHA, upon receipt of the PCWA list of
families currently in the PCWA caseload, must compare the names with
those of families already on the PHA's Section 8 waiting list. Any
family on the PHA's Section 8 waiting list that matches with the PCWA's
list must be assisted in order of their position on the waiting list in
accordance with PHA admission policies. Any family certified by the
PCWA as eligible and not on the Section 8 waiting list must be placed
on the waiting list. If the PHA has a closed Section 8 waiting list, it
must reopen the waiting list to accept a Family Unification Program
applicant family who is not currently on the PHA's Section 8 waiting
list;
(b) Determine if any families with children on its waiting list are
living in temporary shelters or on the street and may qualify for the
Family Unification Program, and refer such applicants to the PCWA;
(c) Determine if families referred by the PCWA are eligible for
Section 8 assistance and place eligible families on the Section 8
waiting list;
(d) Amend the administrative plan in accordance with applicable
program regulations and requirements;
(e) Administer the rental assistance in accordance with applicable
program regulations and requirements; and
(f) Assure the quality of the evaluation that HUD intends to
conduct on the Family Unification Program and cooperate with and
provide requested data to the HUD office or HUD-approved contractor
responsible for program evaluation.
(3) Public Child Welfare Agency (PCWA) Responsibilities. A public
child welfare agency that has agreed to participate in the Family
Unification Program must:
(a) Establish and implement a system to identify Family Unification
eligible families within the agency's caseload and to review referrals
from the PHA;
(b) Provide written certification to the PHA that a family
qualifies as a Family Unification eligible family based upon the
criteria established in section 8(x) of the United States Housing Act
of 1937, and this notice;
[[Page 10907]]
(c) Commit sufficient staff resources to ensure that Family
Unification eligible families are identified and determined eligible in
a timely manner and to provide follow-up supportive services after the
families lease units; and
(d) Cooperate with the evaluation that HUD intends to conduct on
the Family Unification Program, and submit a certification with the
PHA's application for Family Unification funding that the PCWA will
agree to cooperate with and provide requested data to the HUD office or
HUD-approved contractor having responsibility for program evaluation.
(4) Section 8 Rental Voucher Assistance. The Family Unification
Program provides funding for rental assistance under the Section 8
rental voucher program.
PHAs must administer this program in accordance with HUD's
regulations governing the Section 8 rental voucher program. If Section
8 rental assistance for a family under this program is terminated, the
rental assistance must be reissued to another Family Unification
eligible family for 5 years from the initial date of execution of the
Annual Contributions Contract subject to the availability of renewal
funding.
III. Application Selection Process For Funding
(A) Rating and Ranking
HUD's local HUD Field Offices are responsible for rating the
applications for the selection criteria established in this NOFA, and
are responsible for selection of FY 1999 applications that will receive
consideration for assistance under the Family Unification Program. The
local HUD Field Offices will initially screen all applications and
determine any technical deficiencies based on the application
submission requirements.
Each application submitted in response to the NOFA, in order to be
eligible for funding, must receive at least 20 points for Threshold
Criterion 2, Efforts of PHA to Provide Area-Wide Housing Opportunities
for Families. Each application must also meet the requirements for
Threshold Criterion 1, Unmet Housing Needs; Threshold Criterion 3,
Coordination between HA and Public Child Welfare Agency to Identify and
Assist Eligible Families; and Threshold Criterion 4, Public Child
Welfare Agency Statement of Need for Family Unification Program.
(B) Threshold Criteria
(1) Threshold Criterion 1: Unmet Housing Needs
This criterion requires the PHA to demonstrate the need for an
equal or greater number of Section 8 rental vouchers than it is
requesting under this NOFA. The PHA must assess and document the unmet
housing need for its geographic jurisdiction of families for whom the
lack of adequate housing is a primary factor in the imminent placement
of the family's child or children in out-of-home care, or in a delay of
discharge of a child or children to the family from out-of-home care.
The results of the assessment must include a comparison of the
estimated unmet housing needs of such families to the Consolidated Plan
covering the PHA's jurisdiction.
(2) Threshold Criterion 2: Efforts of PHA to Provide Area-Wide Housing
Opportunities for Families (60 Points)
(a) Description: Many PHAs have undertaken voluntary efforts to
provide area-wide housing opportunities for families. The efforts
described in response to this selection criterion must be beyond those
required by federal law or regulation such as the portability
provisions of the Section 8 rental voucher and certificate programs.
PHAs in metropolitan and non-metropolitan areas are eligible for points
under this criterion. The local HUD Field Office will assign points to
PHAs that have established cooperative agreements with other PHAs or
created a consortium of PHAs in order to facilitate the transfer of
families and their rental assistance between PHA jurisdictions. In
addition, the local HUD Field Office will assign points to PHAs that
have established relationships with nonprofit groups to provide
families with additional counseling, or have directly provided
counseling, to increase the likelihood of a successful move by the
families to areas that do not have large concentrations of poverty.
(b) Rating and Assessment: The local HUD Field Office will assign
10 points for any of the following assessments for which the PHA
qualifies and add the points for all the assessments (maximum of 60
points) to determine the total points for this Selection Criterion:
(i) 10 points--Assign 10 points if the PHA documents that it
participates in an area-wide rental voucher and certificate exchange
program where all PHAs absorb portable Section 8 families.
(ii) 10 Points--Assign 10 points if the PHA documents that its
administrative plan does not include a ``residency preference'' for
selection of families to participate in its rental voucher and
certificate programs or the PHA states that it will eliminate
immediately any ``residency preference'' currently in its
administrative plan.
(iii) 10 Points--Assign 10 points if the PHA documents that PHA
staff will provide housing counseling for families that want to move to
low-poverty or non-minority areas, or if the PHA has established a
contractual relationship with a nonprofit agency or a local
governmental entity to provide housing counseling for families that
want to move to low-poverty or non-minority areas. The five PHAs
approved for the FY 1993 Moving to Opportunity (MTO) for Fair Housing
Demonstration and any other PHAs that receive counseling funds from HUD
(e.g., in settlement of litigation involving desegregation or
demolition of public housing, regional opportunity counseling, or mixed
population projects) may qualify for points under this assessment, but
these PHAs must identify all activities undertaken, other than those
funded by HUD, to expand housing opportunities.
(iv) 10 Points--Assign 10 points if the PHA documents that it
requested from HUD, and HUD approved, the authority to utilize
exceptions to the fair market rent limitations as allowed under 24 CFR
882.106(a)(4) to allow families to select units in low-poverty or non-
minority areas.
(v) 10 Points--Assign 10 points if the PHA documents that it
participates with other PHAs in using a metropolitan wide or combined
waiting list for selecting participants in the program.
(vi) 10 Points--Assign 10 points if the PHA documents that it has
implemented other initiatives that have resulted in expanding housing
opportunities in areas that do not have undue concentrations of poverty
or minority families.
(3) Threshold Criterion 3: Coordination Between PHA and Public Child
Welfare Agency to Identify and Assist Eligible Families
The application must describe the method that the PHA and the PCWA
will use to identify and assist Family Unification eligible families.
The application must include a letter of intent from the PCWA stating
its commitment to provide resources and support for the program. The
PCWA letter of intent and other information must include an explanation
of: the method for identifying Family Unification eligible families,
the PCWA's certification process for determining Family Unification
eligible
[[Page 10908]]
families, the responsibilities of each agency, the assistance that the
PCWA will provide to families in locating housing units, the PCWA staff
resources committed to the program, the past PCWA experience
administering a similar program, and the PCWA/PHA cooperation in
administering a similar program.
(4) Threshold Criterion 4: Public Child Welfare Agency Statement of
Need for Family Unification Program
The application must include a statement by the PCWA describing the
need for a program providing assistance to families for whom lack of
adequate housing is a primary factor in the placement of the family's
children in out-of-home care or in the delay of discharge of the
children to the family from out-of-home care in the area to be served,
as evidenced by the caseload of the public child welfare agency. The
PCWA must adequately demonstrate that there is a need in the PHA's
jurisdiction for the Family Unification program that is not being met
through existing programs. The narrative must include specific
information relevant to the area to be served, about homelessness,
family violence resulting in involuntary displacement, number and
characteristics of families who are experiencing the placement of
children in out-of-home care or the delayed discharge of children from
out-of-home care as the result of inadequate housing, and the PCWA's
past experience in obtaining housing through HUD assisted programs and
other sources for families lacking adequate housing.
(C) Funding FY 1999 Applications
After the local HUD Field Office has screened PHA applications and
disapproved any applications unacceptable for further processing (See
Section V(B) of this NOFA, below), the local HUD Field Office will
review and rate all approvable applications, utilizing the Threshold
Criteria and the point assignments listed in this NOFA. The local HUD
Field Office will send to the Grants Management Center, Attention:
Michael Diggs, Director, 501 School Street, SW, Suite 800, Washington,
DC 20024, the following information on each application that passes the
Threshold Criteria:
(1) Name and address of the PHA;
(2) Name and address of the Public Child Welfare Agency;
(3) Local HUD Field Office contact person and telephone number;
(4) The requested number of rental vouchers in the PHA application
and the minimum number of rental vouchers acceptable to the PHA; and
(5) A completed fund reservation worksheet for the number of rental
vouchers requested in the application and recommended for approval by
the local HUD Field Office during the course of its review, and the
corresponding one-year budget authority.
The Grants Management Center will select eligible PHAs to be funded
based on a lottery in the event approvable applications submitted in FY
1999 are received for more funding than the approximately $28.2 million
for such applications available under this NOFA. All FY 1999 PHA
applications identified by the local HUD Field Offices as meeting the
Threshold Criteria identified in this NOFA will be eligible for the
lottery selection process. If the cost of funding these applications
exceeds available funds, HUD will limit the number of FY 1999
applications selected for any State to no more than 10 percent of the
budget authority made available under this NOFA in order to achieve
geographic diversity. If establishing this geographic limit results in
unspent budget authority, however, HUD may modify this limit to assure
that all available funds are used.
Applications will be funded in full for the number of rental
vouchers requested by the PHA in accordance with the NOFA. If the
remaining rental voucher funds are insufficient to fund the last PHA
application in full, however, the Grants Management Center may fund
that application to the extent of the funding available and the
applicant's willingness to accept a reduced number of rental vouchers.
Applicants that do not wish to have the size of their programs reduced
may indicate in their applications that they do not wish to be
considered for a reduced award of funds. The Grants Management Center
will skip over these applicants if assigning the remaining funding
would result in a reduced funding level.
IV. Application Submission Requirements
(A) Form HUD-52515
Funding Application, form HUD-52515, must be completed and
submitted for the Section 8 rental voucher program. This form includes
all the necessary certifications for Fair Housing, Drug-Free Workplace
and Lobbying Activities. An application must 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 voucher units. PHAs may obtain a copy
of form HUD-52515 from the local HUD Field Office or may download it
from the HUD Home page on the internet's world wide web (http://
www.HUD.gov).
(B) Letter of Intent and Narrative
All the items in this section must be included with the application
submitted to the local HUD Field Office. Funding is limited, and HUD
may only have enough funds to approve a smaller amount than the number
of rental vouchers requested. The PHA must state in its cover letter to
the application whether it will accept a smaller number of rental
vouchers and the minimum number of rental vouchers it will accept. The
cover letter must also include a statement by the PHA certifying that
the PHA has consulted with the agency or agencies in the State
responsible for the administration of welfare reform to provide for the
successful implementation of the State's welfare reform for families
receiving rental assistance under the family unification program. The
application must include an explanation of how the application meets,
or will meet, Threshold Criteria 1 through 4 in Section III(B) of this
NOFA, below.
The application must also include a letter of intent from the PCWA
stating its commitment to provide resources and support for the Family
Unification Program. The PCWA letter of intent must explain:
(1) The definition of eligible family unification program families;
(2) The method used to identify eligible Family Unification Program
families;
(3) The process to certify eligible Family Unification Program
families;
(4) The PCWA assistance to families to locate suitable housing;
(5) The PCWA staff resources committed to the program; and (6) PCWA
experience with the administration of similar programs including
cooperation with a PHA.
The PCWA serving the jurisdiction of the PHA is responsible for
providing the information for Threshold Criterion 4, PCWA Statement of
Need for Family Unification Program, to the PHA for submission with the
PHA application. This should include a discussion of the case-load of
the PCWA and information about homelessness, family violence resulting
in involuntary displacement, number and characteristics of families who
are experiencing the placement of children in out-of-home care as a
result of inadequate housing, and the PCWA's experience in obtaining
housing through HUD assisted housing programs and other sources for
families lacking adequate housing. A State-wide Public
[[Page 10909]]
Child Welfare Agency must provide information on Threshold Criterion 4,
PCWA Statement of Need for Family Unification Program, to all PHAs that
request such information; otherwise, HUD will not consider applications
from any PHAs with the State-wide PCWA as a participant in its program.
(C) Evaluation Certifications
The PHA and the PCWA, in separate certifications, must state that
the PHA and Public Child Welfare Agency agree to cooperate with HUD and
provide requested data to the HUD office or HUD-approved contractor
delegated the responsibility for the program evaluation. No specific
language for this certification is prescribed by HUD.
Note: Notice of Repeal of Local Government Comment Requirements.
Local government requirements that HUD was previously required to
obtain from the unit of general local government on PHA applications
for Section 8 rental assistance under Section 213(c) of the Housing and
Community Development Act of 1974 are no longer required. Section 551
of the Quality Housing and Work Responsibility Act of 1998 (Pub.L. 105-
276, 112 Stat. 2461, approved October 21, 1998) (QHWRA) repealed the
provisions of Section 213(c) of the Housing and Community Development
Act of 1974. Although section 503 of QHWRA establishes an effective
date of October 1, 1999, for its provisions unless otherwise
specifically provided, section 503 also permits any QHWRA provision or
amendment to be implemented by notice, unless otherwise specifically
provided. Accordingly, HUD's Notice of Initial Guidance on the QHWRA,
published on February 18, 1999 (64 FR 8192), provided the notice of
immediate implementation of section 551 of QHWRA, as permitted by
section 503 of QHWRA.
V. Corrections To Deficient Family Unification Applications
(A) Acceptable Applications
To be eligible for processing, an application must be received by
the local HUD Field Office no later than the date and time specified in
this NOFA. The local HUD Field Office will initially screen all
applications and notify PHAs of technical deficiencies by letter.
If an application has technical deficiencies, the PHA will have 14
calendar days from the date of the issuance of the HUD notification
letter to submit and the local HUD Field Office receive the missing or
corrected information. Curable technical deficiencies relate only to
items that do not improve the substantive quality of the application
relative to the rating factors.
Information received by the local HUD Field Office after 3 p.m.
eastern standard time on the 14th calendar day of the correction period
will not be accepted and the application will be rejected as
incomplete.
(B) Unacceptable Applications
(1) After the 14-calendar day technical deficiency correction
period, the local HUD Field Office will disapprove PHA applications
that it determines are not acceptable for processing. The local HUD
Field Office's notification of rejection letter must state the basis
for the decision.
(2) Applications from PHAs that fall into any of the following
categories will not be processed:
(a) Applications from PHAs that do not meet the requirements of
Section II(A)(1) of this NOFA, Compliance With Fair Housing and Civil
Rights Laws.
(b) The PHA has serious unaddressed, outstanding Inspector General
audit findings, HUD management review findings, or independent public
accountant (IPA) findings for its rental voucher or rental certificate
programs, or the PHA has failed to achieve a lease-up rate of 90
percent of units in its HUD-approved budget for the PHA fiscal year
prior to application for funding in each of its rental voucher and
certificate programs (excluding the impact of the three-month statutory
delay requirement effective in FY 1997 and 1998 for the reissuance of
rental vouchers and certificates). The only exception to this category
is if the PHA has been identified under the policy established in
Section I(D)(2) of this NOFA and the PHA makes application with another
agency or contractor that will administer the family unification
assistance on behalf of the PHA.
(c) The PHA has failed to achieve a lease-up rate of at least 90
percent of the FUP units for which it received rental certificate
funding in FY 1997 and prior years.
(d) The PHA is involved in litigation and HUD determines that the
litigation may seriously impede the ability of the PHA to administer an
additional increment of rental vouchers .
(e) After the 14-calendar day technical deficiency correction
period, a PHA application that does not comply with the requirements of
24 CFR 982.102 and this NOFA, will be rejected from processing.
(f) A PHA application submitted after the deadline date.
VI. Findings and Certifications
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.
Environmental Requirements and Impact
In accordance with 24 CFR 50.19(b)(1), activities assisted under
this program are categorically excluded from the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321) (``NEPA'')
and are not subject to environmental review under the related laws and
authorities. This NOFA provides funding under 24 CFR 887 and 982, which
do not contain environmental review provisions because they concern
activities that are listed in 24 CFR 50.19(b) as categorically excluded
from environmental review under NEPA. Accordingly, under 24 CFR
50.19(c)(5)(ii), this NOFA is categorically excluded from environmental
review under NEPA.
Catalog of Federal Domestic Assistance Numbers
The Federal Domestic Assistance number for this program is: 14.857.
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 HUD, the States, and local governments, including PHAs.
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 regulations codified in 24
CFR part 4, subpart A contain a number of
[[Page 10910]]
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 (57 FR 1942), HUD published 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:
(1) 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 5-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 in 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.
(2) Disclosures. HUD will make available to the public for 5 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 3 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 in 24
CFR part 15.
Section 103 of the HUD Reform Act
HUD will comply with its regulations implementing section 103 of
the HUD Reform Act, codified in 24 CFR part 4, for this funding
competition. 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 restrained by part 4 from providing
advance information to any person (other than persons authorized to
receive such information) 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 24 CFR part 4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815 (voice), (202) 708-1112
(TTY). (These are not toll-free numbers.) For HUD employees who have
specific program questions, the employee should contact the appropriate
Field Office Counsel.
Prohibition Against Lobbying Activities
Applicants for funding under this NOFA are subject to the
provisions of section 319 of the Department of Interior and Related
Agencies Appropriation Act for Fiscal Year 1991 (31 U.S.C. 1352) (the
Byrd Amendment) and to the provisions of the Lobbying Disclosure Act of
1995 (Pub. L. 104-65; approved December 19, 1995).
The Byrd Amendment, which is implemented in regulations in 24 CFR
part 87, prohibits applicants for Federal contracts and grants from
using appropriated funds to attempt to influence Federal executive or
legislative officers or employees in connection with obtaining such
assistance, or with its extension, continuation, renewal, amendment, or
modification. The Byrd Amendment applies to the funds that are the
subject of this NOFA. Therefore, applicants must file a certification
stating that they have not made and will not make any prohibited
payments and, if any payments or agreement to make payments of
nonappropriated funds for these purposes have been made, a form SF-LLL
disclosing such payments must be submitted. The certification and the
SF-LLL are included in the application package.
The Lobbying Disclosure Act of 1995 (Pub. L. 104-65; approved
December 19, 1995), requires all persons and entities who lobby covered
executive or legislative branch officials to register with the
Secretary of the Senate and the Clerk of the House of Representatives
and file reports concerning their lobbying activities.
Dated: March 2, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-5535 Filed 3-4-99; 8:45 am]
BILLING CODE 4210-33-P
