[Federal Register Volume 64, Number 44 (Monday, March 8, 1999)]
[Notices]
[Pages 11310-11315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5578]
[[Page 11309]]
_______________________________________________________________________
Part XII
Department of Housing and Urban Development
_______________________________________________________________________
Rental Assistance for Non-Elderly Persons With Disabilities Related to
Certain Types of Section 8 Project-Based Developments and Sections 202,
221(d)(3), and 236 Developments Funding Availability for Fiscal Year
1999; Notice
Federal Register / Vol. 64, No. 44 / Monday, March 8, 1999 /
Notices
[[Page 11310]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4413-N-O1]
Fiscal Year 1999 Notice of Funding Availability; Rental
Assistance for Non-Elderly Persons With Disabilities Related to Certain
Types of Section 8 Project-Based Developments and Sections 202,
221(d)(3), and 236 Developments
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 this program is to
provide Section 8 rental vouchers to non-elderly disabled families who
are not currently receiving housing assistance in certain Section 8
project-based developments due to the owners establishing preferences
for the admission of elderly families, or in certain types of section
202, section 221(d)(3), or section 236 developments where the owners
are restricting occupancy in the developments (or portions thereof) to
elderly families. The rental vouchers will enable non-elderly disabled
families to rent affordable housing.
Available Funds. Approximately $20 million in one-year budget
authority for approximately 4,200 Section 8 rental vouchers.
Eligible Applicants. Public housing agencies (PHAs). Indian Housing
Authorities, Indian tribes and their tribally designated housing
entities are not eligible.
Application Deadline. June 30, 1999.
Match. None
Additional Information
If you are interested in applying for funding under this 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 by HUD in selecting applications for funding, and other valuable
information relative to a PHA's application submission and
participation in the program covered by this NOFA.
Application Due Date and Application Submission
Delivered Applications. The application deadline for delivered
applications under this NOFA is June 30, 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 will be considered timely filed
if postmarked before midnight on the application due date and received
within ten (10) days of that date.
Applications Sent by Overnight Delivery. Overnight delivery items
will be considered timely filed 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 should 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 is the official place of receipt for all
applications 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 and local HUD Field Office Program
Center.
Application Kit, Further Information and Technical Assistance
For Application Kit. An application kit is not available and is not
necessary for submitting an application for funding under this NOFA.
For Further Information. For answers to your questions, you have
two options. You may contact the local HUD Field Office, or you may
contact George C. Hendrickson, Housing Program Specialist, Room 4216,
Office of Public and Assisted Housing Delivery, Department of Housing
and Urban Development, Room 4216, 451 Seventh Street, SW, Washington,
DC 20410; Telephone (202) 708-1872, ext. 4064. (This 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. Authority for the approximately $20 million in one-
year budget authority for Section 8 rental vouchers for non-elderly
disabled families who are not currently receiving housing assistance in
certain Section 8 project-based developments due to the owners
establishing preferences for the admission of elderly families, and for
non-elderly disabled families not being housed in certain section 202,
section 221(d)3), and section 236 developments (or portions thereof)
where the owners have restricted occupancy to elderly families is found
in the Departments of Veteran 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. The 1999 Appropriations Act authorized
appropriations for Section 8 rental vouchers to assist non-elderly
disabled families affected by the establishment of preferences in
accordance with section 651 of the Housing and Community Development
Act of 1992, or the restriction of occupancy to elderly families in
accordance with section 658 of such Act. The 1999 Appropriations Act
also allows the Secretary to transfer any unobligated funds for this
purpose to assist non-elderly disabled families to the extent they are
not needed under sections 651 and 658 for such families. Accordingly,
any funding remaining unobligated under this NOFA will be used first to
fund any approvable applications under NOFA FR-4412, Rental Assistance
for Non-Elderly Persons With Disabilities in Support of Designated
Housing Plans, for which there are insufficient funds. Thereafter, any
funds still remaining unobligated under this NOFA will be used to fund
any approvable applications under NOFA FR-4415, Mainstream Housing
Opportunities for Persons With Disabilities, for which there are
insufficient funds.
(1) Section 651 of the Housing and Community Development Act of
1992
[[Page 11311]]
(42 U.S.C. 13611 allowed owners of the following covered Section 8
project-based developments (limited to only such developments
originally designed primarily for occupancy by elderly families) to
provide preferences to elderly families in selecting tenants for
available assisted units in those projects:
(a) Section 8 New Construction Program, 24 CFR Part 880;
(b) Section 8 Substantial Rehabilitation Program, 24 CFR Part 881;
(c) State Housing Agencies Program (insofar as involving new
construction and substantial rehabilitation), 24 CFR Part 883;
(d) New Construction Set-Aside for Section 515 Rural Rental Housing
Projects Program, 24 CFR Part 884; and
(e) Section 8 Housing Assistance Program for the Disposition of
HUD-Owned Projects (insofar as involving substantial rehabilitation),
24 CFR Part 886, subpart C.
(2) Section 658 of the 1992 Act provides that an owner of a
Federally assisted project (or portion thereof) that was designed for
occupancy for elderly families may continue to restrict occupancy in
such project (or portion) to elderly families in accordance with the
rules, standards, and agreements governing occupancy in such housing in
effect at the time of the development of the housing. The three types
of assisted housing developments covered by Section 658 are as follows:
(a) Housing assisted under section 202 of the Housing Act of 1959,
as such section existed before the enactment of the National Affordable
Housing Act (NAHA);
(b) Housing financed by a loan or mortgage insured under section
221(d)(3) of the National Housing Act that bears an interest rate
determined under section 221(d)(5); and
(c) Housing insured, assisted or held by the Secretary or a State
or State Agency under section 236 of the National Housing Act.
(B) Purpose. The purpose of the Section 8 rental voucher funding
being made available under this NOFA is to provide housing assistance
to non-elderly disabled families who are not being housed in certain
types of Section 8 project-based developments due to the establishment
of preferences for elderly admissions by the owners, or are not being
housed in certain section 202, section 221(d)(3), or section 236
developments due to the owners having restricted occupancy to elderly
families. In prior fiscal years HUD provided funding for rental
vouchers and certificates for these purposes; however, in FY 1999 HUD
will be providing rental vouchers only. 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 under this NOFA in FY 1999 will not be
funded until after the implementation of the interim rule, rental
vouchers only will be provided this year under this NOFA.
(C) Amount Allocated. This NOFA announces the availability of
approximately $20 million in one-year budget authority which will
provide assistance to approximately 4,200 non-elderly disabled
families. A PHA may apply only for the number of units needed to house:
(1) Those non-elderly disabled families who are on the waiting list
of an owner of a Section 8 project-based development identified above
in paragraph I.(A)(1) where the owner elected to provide preferences to
elderly families and to house other non-elderly disabled families
residing in the community who would qualify for one-or zero-bedroom
units; or
(2) Those non-elderly disabled families who are on the waiting list
of, or are otherwise residing in the community, but in either instance
are not being housed in certain assisted housing developments listed
above in paragraph I.(A)(2) where the owners have restricted occupancy
in the developments (or portion thereof) to elderly. Non-elderly
disabled families in this second category would also need to qualify
for one- or zero bedroom units.
PHAs are limited to applying for no more than 200 units. An
eligible PHA may apply for a maximum of 200 rental vouchers.
In the event approvable applications are received for more than the
approximately $20 million announced as available under this NOFA, funds
will be transferred from the approximately $20 million available under
NOFA FR-4412 for non-elderly disabled families related to designated
housing plans, to the extent funds remain unobligated after funding all
approvable applications under that NOFA.
(D) Eligible Applicants. A PHA established pursuant to State law
may apply for funding under this NOFA. A regional (multi-county) or
State PHA is eligible to apply for funding. Indian Housing Authorities,
Indian tribes and their tribally designated housing entities are no
longer eligible for new increments of Section 8 funding.
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 (e.g., PHA has not implemented mandatory Family Self-
Sufficiency (FSS) Program). HUD will not accept applications for
additional funding from these PHAs as contract administrators if, on
the application due date, the findings are not closed to HUD's
satisfaction. If the PHA wants to apply for funding under this NOFA,
the PHA must submit an application that designates another housing
agency, nonprofit agency, or contractor, that is acceptable to HUD. The
PHA's application must include an agreement by the other housing
agency, nonprofit agency, or contractor to administer 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 local HUD Field Office will notify,
in writing, those PHAs that are not eligible to apply without such an
agreement. 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 and must be received prior to the application deadline.
(E) Eligible Participants. Eligible participants include non-
elderly disabled families who were on the waiting list (at the time of
the PHA's application) of a covered development listed in paragraphs
I.(A)(1) and (2) above where the owner had exercised a preference for
the admission of elderly families, or restricted occupancy to elderly
families, respectively, at the time the PHA received the names of these
families from the owner of the development(s) for purposes of
requesting Section 8 rental vouchers in response to this NOFA. These
non-elderly disabled families need not be listed on the PHA's Section 8
waiting list in order to be offered and receive Section 8 rental
assistance; i.e., it is sufficient that their names are on the waiting
list for a covered development at the time their names are provided to
the PHA by the owner. Eligible participants also include other non-
elderly disabled families residing in the community who would qualify
for a
[[Page 11312]]
one- or zero-bedroom unit. Non-elderly disabled families must be income
eligible under 24 CFR 982.201(b) in order to receive a rental voucher.
II. Program Requirements and Definitions
(A) Program 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 of 1964,
section 504 of the Rehabilitation Act of 1973, or section 109 of the
Housing and Community Development Act of 1974, 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. Each successful
applicant will 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. Further,
applicants have a duty to carry out the specific activities cited in
their responses to address affirmatively furthering fair housing under
this NOFA.
(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.
(5) Rental Voucher Assistance Requirements.
(a) Section 8 Regulations. PHAs must administer the Section 8
rental vouchers received under this NOFA in accordance with HUD
regulations and requirements governing the Section 8 rental voucher
program.
(b) Section 8 Admission Requirements. Section 8 assistance must be
provided to eligible applicants in conformity with regulations and
requirements governing the Section 8 rental voucher program and the
PHA's administrative plan.
(c) Turnover. When a rental voucher under this NOFA becomes
available for reissue (e.g., the family initially selected for the
program drops out of the program or is unsuccessful in the search for a
unit), the rental assistance may be used only for another individual or
family eligible for assistance under this NOFA, subject to
appropriations for renewal funding, from the date the rental assistance
is placed under an annual contributions contract (ACC).
(d) PHA Responsibilities. In addition to PHA responsibilities under
the Section 8 rental voucher program and HUD regulations concerning
nondiscrimination based on disability (24 CFR 8.28) and to
affirmatively further fair housing, PHAs that receive rental voucher
funding shall:
(i) Where requested by an individual, assist program participants
to gain access to supportive services available within the community,
but not require eligible applicants or participants to accept
supportive services as a condition of participation or continued
occupancy in the program.
(ii) Identify public and private funding sources to assist
participants in covering the costs of modifications that need to be
made to their units as a reasonable accommodation for their
disabilities.
(iii) Not deny persons who qualify for rental assistance under this
program other housing opportunities, or otherwise restrict access to
PHA programs to eligible applicants who choose not to participate.
(iv) Provide Section 8 search assistance.
(v) In accordance with regulatory guidance, provide higher rents to
owners necessary for the provision of accessible units and structural
modifications for persons with disabilities.
(vi) Provide technical assistance to owners for making reasonable
accommodations or making units accessible to persons with disabilities.
(B) Definitions. (1) Elderly Family. A family whose head of
household, spouse, or sole member is 62 years or older.
(2) Non-Elderly Disabled Family. A family who is not elderly, and
whose head, spouse, or sole member is a person with disabilities. The
term ``non-elderly disabled family'' may include two or more such
persons with disabilities living together, and one or more such persons
with disabilities living with one or more persons who are determined
essential to the care and well-being of the person or persons with
disabilities (live-in aides).
(3) Person With Disabilities. A person who--
(a) Has a disability as defined in section 223 of the Social
Security Act (42 U.S.C. 423), or
(b) Is determined to have a physical, mental or emotional
impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live
independently; and
(iii) Is of such a nature that such ability could be improved by
more suitable housing conditions, or
(c) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001(5)).
The term ``person with disabilities'' does not exclude persons who
have the disease of acquired immunodeficiency syndrome (AIDS) or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome (HIV).
Note: While the above definition of a ``person with
disabilities'' is to be used for purposes of determining a family's
eligibility for a Section 8 rental voucher under this NOFA, the
definition of a person with disabilities contained in section 504 of
the Rehabilitation Act of 1973 and its implementing regulations must
be used for purposes of meeting the requirements of Fair Housing
laws, including providing reasonable accommodations.
[[Page 11313]]
(4) Section 8 Search Assistance. Assistance to increase access by
program participants to housing units in a variety of neighborhoods
(including areas with low poverty concentrations) and to locate and
obtain units suited to their needs.
III. Application Selection Process
After the local HUD Field Office has screened PHA applications and
disapproved any applications found unacceptable for further processing,
the local HUD Field Office will review all acceptable applications to
ensure that they are technically adequate and responsive to the
requirements of the 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, (tel. 202-358-
0273), the following information on each application that is found
technically adequate and responsive:
(1) Name and address of the PHA;
(2) Date and time of the local HUD Field Office's receipt of the
PHA's application;
(3) Local HUD Field Office contact person and telephone number;
(4) The 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, indicating the number
of Section 8 rental vouchers requested in the PHA application and
recommended for approval by the local HUD Field Office, and the
corresponding one-year budget authority.
The Grants Management Center will fund all approvable applications
from PHAs that are recommended for funding by the local HUD Field
Office based upon the date and time the application is received in the
local HUD Field Office. As PHAs are selected, the cost of funding the
applications will be subtracted from the funds available. In the event
approvable applications are received for more than the approximately
$20 million announced as available under this NOFA, funds will be
transferred from the approximately $20 million available under NOFA FR-
4412 for non-elderly disabled families related to designated housing
allocation plans, to the extent such funds have not been obligated
under that NOFA for approvable applications. Applications will be
funded for the total number of units requested by the PHA and
recommended for approval by the local HUD Field Office in accordance
with this NOFA. When remaining budget authority is insufficient to fund
the last selected PHA application in full, however, the Grants
Management Center will fund that application to the extent of the
funding available, unless the PHA's application indicates it will only
accept a higher number of units. In that event, the next selected
application shall be one that has indicated a willingness to accept the
lesser amount of funding for units available.
IV. Application Submission Requirements
(A) Form HUD-52515. All PHAs must complete and submit form HUD-
52515, Funding Application, for the Section 8 rental voucher program
(dated January 1996). This form includes all 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 units. Copies of form HUD-52515 may be obtained
from the local HUD Field Office or may be downloaded from the HUD Home
Page site 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 in the application submitted to the local HUD Field
Office. The PHA must state in its cover letter to the application
whether it will accept a reduction in the number of rental vouchers,
and the minimum number of rental vouchers it will accept, since the
funding is limited and HUD may only have enough funds to approve a
smaller amount than the number of rental vouchers requested. The
maximum number of rental vouchers that a PHA may apply for under this
NOFA is limited to 200.
(C) Certification, Waiting List Information and Other Non-Elderly
Disabled Families Residing in the Community. In order to support the
requested number of rental vouchers being requested on the form HUD-
52515, the PHA's application must include a certification from the
owner of a covered development (see paragraph I. (A)(1) and (2) which
lists the different types of covered developments), stating the
specific type of covered development, preferences are provided to
elderly families in selecting tenants (Section 8 project-based
developments) or occupancy in the development is restricted to elderly
families (assisted housing developments), and the number of non-elderly
disabled families on the owner's waiting list for the development(s).
PHAs may contact the local HUD Field Office's Director, Multifamily
Division, to get the addresses and telephone numbers of the
developments falling under the programs listed in paragraph I. (A)(1)
and (2) above. The PHA will then need to contact the management/owners
of these developments within their jurisdiction to verify that the
development is a covered development.
Owners of covered developments are encouraged to cooperate with
PHAs and provide the required certification (if applicable) in a timely
manner. An owner should also concurrently provide the PHA with the
names, addresses and telephone numbers of those families on the
development's waiting list that are non-elderly disabled families.
PHAs must also submit information supportive of the number of other
non-elderly disabled families residing in the community who would
qualify for one-bedroom or zero-bedroom units (not on the waiting lists
of covered developments). The application must demonstrate a need for
rental vouchers by providing information documenting that the demand
for housing for non-elderly disabled families would equal or exceed the
requested number of rental vouchers (not to exceed 200). The PHA must
assess and document the need using a range of sources including, but
not limited to: census data, information from the PHA's waiting list
(both public housing and Section 8), statistics on recent public
housing admissions and rental certificate and voucher use, data from
local advocacy groups and local public and private service agencies
familiar with the housing needs of non-elderly disabled families, and
pertinent information from the Consolidated Plan applicable to the
PHA's jurisdiction. (See 24 CFR 91.205(d).
Note: Notice of Repeal of Local Government Comment Requirements.
Local government comments 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 21, 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
[[Page 11314]]
section 551 of QHWRA, as permitted by section 503 of QHWRA.
V. Corrections to Deficient 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 local HUD Field
Office's notification letter to submit the missing or corrected
information to the local HUD Field Office before the application can be
considered for further processing by HUD. Curable technical
deficiencies relate only to items that do not improve the substantive
quality of the application.
All PHAs must submit corrections within 14 calendar days from the
date of the local HUD Field Office's letter notifying the applicant of
any such deficiency. Information received by the local HUD Field Office
after 3 p.m. local HUD Field Office 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 all 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 or certificates). The only exception to this category
is if the PHA has been identified under the policy established in
Section I.(D) of this NOFA and the PHA makes application with a
designated contract administrator.
(c) The PHA is involved in litigation and HUD determines that the
litigation may seriously impede the ability of the PHA to administer
the rental vouchers.
(d) A PHA's application that does not comply with the requirements
of 24 CFR 982.102 and this NOFA after the expiration of the 14-calendar
day technical deficiency correction period will be rejected from
processing.
(e) The PHA's application was submitted after the application due
date.
VI. Findings and Certifications
(A) 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.
(B) Environmental Impact. In accordance with 24 CFR 50.19(b)(11) of
the HUD regulations, tenant-based activities assisted under this
program are categorically excluded from the requirements of the
National Environmental Policy Act and are not subject to environmental
review under the related laws and authorities. In accordance with 24
CFR 50.19(c)(5)(ii), the approval for issuance of this NOFA is
categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321).
(C) Catalog of Federal Domestic Assistance Numbers. The Federal
Domestic Assistance number for this program is 14.857.
(D) 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 NOFA 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.
(E) 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 in 24 CFR part 4, subpart A
contain a number of provisions that are designed to ensure greater
accountability and integrity in the provision of certain types of
assistance administered by HUD. On January 14, 1992 (57 FR 1942), HUD
published a notice that also provides information on the implementation
of section 102. HUD will comply with the documentation, public access,
and disclosure requirements of section 102 with regard to the
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 at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
(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 at 24
CFR part 15.
(F) Section 103 HUD Reform Act. HUD will comply with section 103 of
the Department of Housing and Urban Development Reform Act of 1989 and
HUD's implementing regulations in subpart B of 24 CFR part 4 with
regard to the funding competition announced today. These requirements
continue to apply until the announcement of the selection of successful
applicants. HUD employees involved in the review of applications and in
the making of funding decisions are limited by section 103 from
providing advance information to any person (other than an authorized
employee of HUD) concerning funding decisions, or from otherwise giving
any applicant an unfair competitive advantage. Persons who apply for
[[Page 11315]]
assistance in this competition should confine their inquiries to the
subject areas permitted under section 103 and subpart B of 24 CFR part
4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions,
such as whether particular subject matter can be discussed with persons
outside HUD, the employee should contact the appropriate Field Office
Counsel.
(G) 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 at 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.
The Lobbying Disclosure Act of 1995 (Pub. L. 104-65; approved
December 19, 1995), which repealed section 112 of the HUD Reform Act,
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. 99-5578 Filed 3-5-99; 8:45 am]
BILLING CODE 4210-33-P
