[Federal Register Volume 62, Number 69 (Thursday, April 10, 1997)]
[Notices]
[Pages 17672-17678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9334]
[[Page 17671]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
NOFA for Rental Assistance for Persons With Disabilities in Support of
Designated Housing Allocation Plans and Establishment of Preferences
for Certain Section 8 Developments; Notice
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 /
Notices
[[Page 17672]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4207-N-01]
NOFA for Rental Assistance for Persons With Disabilities in
Support of Designated Housing Allocation Plans and Establishment of
Preferences for Certain Section 8 Developments
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of funding availability (NOFA).
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of up to $25 million in
one-year budget authority for approximately 4,200 Section 8 rental
vouchers and certificates for non-elderly persons with disabilities in
support of designated housing allocation plans, and up to $25 million
in one-year budget authority for approximately 4,200 Section 8 rental
vouchers and certificates 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. The rental vouchers and certificates
will enable persons with disabilities to rent affordable housing.
Housing agencies (HAs), including Indian Housing Authorities (IHA),
are invited to respond to this NOFA for funding for rental vouchers and
certificates related to preferences for elderly admissions at certain
Section 8 project-based developments. PHAs are also invited to respond
to this NOFA for funding related to designated housing allocation
plans. IHAs, however, may not apply for funding related to designated
housing allocation plans, because the requirements of section 7 (42
U.S.C. 1437e) concerning designated housing allocation plans do not
apply to IHAs.
Paragraphs A and G of this NOFA address application related
information pertinent to preparing and submitting an application
related to designated housing allocation plans, or an application
related to certain Section 8 project-based developments. Information
provided in paragraphs B through F in this NOFA relate solely to
applications pertaining to certain Section 8 project-based
developments.
DATES: There are no application deadlines for applications submitted in
response to this NOFA's requirements pertinent to either designated
housing allocation plan, or certain Section 8 developments.
Applications may be submitted immediately following the publication of
this NOFA and will continue to be accepted through FY 1998 and beyond
or until further notice from HUD that all funds have been obligated.
HUD will not accept application materials sent via facsimile (FAX)
transmission.
ADDRESSES: a. Allocation Plans. The addresses for applications
submitted for Section 8 rental vouchers or certificates in connection
with allocation plans: HUD Headquarters, Office of Public and Assisted
Housing Operations, Room 4206, 451 Seventh Street, S.W., Washington,
D.C., 20410; and the local HUD State or Area Office, Attention:
Director, Office of Public Housing, are the official places of receipt.
A PHA's application (see paragraph C. of NOFA FR-4085-N-01 (61 FR
56090, October 30, 1996), captioned Application Submission
Requirements, regarding the multiple components that must comprise an
HA's application) should be submitted concurrently to both offices.
b. Certain Section 8 Projects. The addresses for applications
submitted for Section 8 rental vouchers or certificates in connection
with Section 8 project-based developments: HUD Headquarters, Operations
Division, Room 4220, 451 Seventh St., S.W., Washington, D.C., 20410;
and the local HUD State or Area Office, Attention: Director, Office of
Public Housing, is the official place of receipt, except for
applications from IHAs. HUD's local Office of Native American Programs,
Attention: Administrator, Office of Native American Programs, is the
official place of receipt for IHA applications. The application should
be submitted concurrently to HUD Headquarters and the appropriate local
HUD Office.
For ease of reference, the term ``HUD Office'' is subsequently used
throughout this NOFA to mean the local HUD State Office, local HUD Area
Office, and local HUD Office of Native American Programs.
FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Division, Office of Rental Assistance, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410-8000,
telephone number (202) 708-0477 (this is not a toll-free number). For
hearing-and speech-impaired persons, this number may be accessed via
TTY by calling the Federal Information Relay Service at 1-800-877-8339
(this is a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The Section 8 information collection requirements contained in this
NOFA have been approved by the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control numbers 2577-0169 and 2577-0192. 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.
Promoting Comprehensive Approaches to Housing and Community
Development
HUD is interested in promoting comprehensive, coordinated
approaches to housing and community development. Economic development,
community development, public housing revitalization, homeownership,
assisted housing for special needs populations, supportive services,
and welfare-to-work initiatives can work better if linked at the local
level. Toward this end, the Department in recent years has developed
the Consolidated Planning process designed to help communities
undertake such approaches.
In this spirit, it may be helpful for applicants under this NOFA to
be aware of other related HUD NOFAs that have recently been published
or are expected to be published in this fiscal year. By reviewing these
NOFAs with respect to their program purposes and the eligibility of
applicants and activities, applicants may be able to relate the
activities proposed for funding under this NOFA to the recent and
upcoming NOFAs and to the community's Consolidated Plan.
Elsewhere in today's Federal Register, the Department has published
a related NOFA concerning Mainstream Housing Opportunities for Persons
with Disabilities. On April 8, 1997, the Department published in the
Federal Register the NOFA for Continuum of Care Assistance. Other
related NOFAs the Department expects to publish in the Federal Register
within the next few weeks include: the Family Unification NOFA, the
Housing Opportunities for Persons with Aids NOFA, the Supportive
Housing for the Elderly NOFA, and the Supportive Housing for Persons
with Disabilities NOFA.
To foster comprehensive, coordinated approaches by communities, the
Department intends for the remainder of FY 1997 to continue to alert
applicants of HUD's NOFA activity. In addition, a complete schedule of
NOFAs to be
[[Page 17673]]
published during the fiscal year and those already published appears
under the HUD Homepage on the Internet, which can be accessed at http:/
/www.hud.gov.nofas.html. Additional steps to better coordinate HUD's
NOFAs are being considered for FY 1998.
For help in obtaining a copy of your community's Consolidated Plan,
please contact the community development office of your municipal
government.
Family Self-Sufficiency (FSS) Program Requirement
Unless specifically exempted by HUD, all rental voucher or rental
certificate funding (except funding for renewals or amendments)
reserved in FY '97, including funding reserved as a result of this
NOFA, will be used to establish or increase the minimum size of an HA's
FSS program.
A. Authority and Funding
(1) Authority.
Legislative authority to provide Section 8 assistance in support of
allocation plans to designate public housing for occupancy by elderly
families only, disabled families only, or elderly families and disabled
families only (covering the $25 million available under this NOFA) is
found at Section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e).
HUD's Fiscal Year 1997 Appropriations Act, Public Law 104-204, approved
September 26, 1996 (Appropriations Act), contains language authorizing
the use of Section 8 rental voucher and certificate funding for housing
agencies to implement allocation plans approved by the Secretary for
designated housing. HUD's 1997 Appropriations Act also contains
language authorizing the use of Section 8 rental vouchers and
certificates by HAs for non-elderly disabled families who are not
receiving housing assistance in certain Section 8 project-based
developments, in accordance with Section 651 of the Housing and
Community Development Act of 1992 where the owners have elected to
establish preferences for elderly families (covering the remaining $25
million of the total of $50 million available under this NOFA).
(2) Application Funding
a. Allocation Plans. HUD will award funding for rental vouchers or
certificates to PHAs that submit an allocation plan to designate public
housing for occupancy by elderly families only, disabled families only,
or disabled and elderly families only, and that also administer a
Section 8 rental certificate or rental voucher program.
The $25 million in funding announced in this NOFA, for Section 8
rental vouchers and certificates for persons with disabilities in
support of designated housing allocation plans, is in addition to the
$78.6 million in funding previously made available by the NOFA for
Rental Assistance for Persons With Disabilities In Support of
Designated Housing Allocation Plans (NOFA FR-4085-N-01) published at 61
FR 56090 on October 30, 1996.
The following requirements of NOFA FR-4085-N-01, except as
expressly modified by this NOFA, apply to all applications received
after the date of publication of this NOFA, including applications
funded from balances remaining from the $78.6 million initially made
available by the NOFA FR-4085-N-01:
Section A.(3) Limit on Rental Assistance Requested;
Section a.(4) Guidelines, except see this NOFA for turnover and HA
Responsibilities;
Section C. Application Submission Requirements. Additional
submission requirements include:
The maximum number of rental vouchers or certificates that
an HA may apply for related to allocation plans under this NOFA and
NOFA FR-4085-N-01 is limited to 200. The PHA must indicate whether it
will accept a reduction in the number of rental vouchers or
certificates, and must state the minimum number of rental vouchers or
certificates 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 or certificates requested.
Also, any PHA wishing to rely on an allocation plan
previously approved by HUD (i.e., not submitted as part of a PHA's
application in response to NOFA FR-4085-N-01) will be required to
resubmit the HUD-approved allocation plan as part of its application,
along with updated needs data indicating why the PHA does not have the
appropriate resources to carry out the previously approved or submitted
plan, identifying the new resources (Section 8 rental vouchers or
certificates) needed for persons with disabilities and disabled
families, and addressing the housing needs in its comprehensive plan.
Applicants who choose to apply must submit an allocation
plan in conformity with the requirements in section 10(a) of the
Housing Opportunity Program Extension Act of 1996, Public Law 104-120,
approved March 28, 1996, as explained in Notice PIH 97-12 (HA),
Requirements for Designation of Public Housing Projects.
Section D. Correction of Deficient Applications. Section
D.(2)(b)(viii) lease-up rate threshold does not apply to applications
processed under this NOFA. The statutorily-required three month delay
in the reissuance of turnover rental vouchers and certificates has had
an adverse impact on the lease-up rate of HAs, which makes it unfair to
apply this threshold; and
Section E. Application Selection Process, except section E.(2),
Funding. HUD intends to fund all approvable applications for designated
housing allocation plans on a first-come, first-served basis (not to
exceed a maximum of 200 rental vouchers or certificates for any
individual application). Applications will be funded for the total
number of units requested by the PHA and approved by the HUD Office
(not to exceed 200 units) in accordance with the NOFA. However, when
remaining budget authority is insufficient to fund the last selected
PHA application in full, HUD Headquarters 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 which has indicated a
willingness to accept the lesser amount of funding for units available.
The $25 million made available by this NOFA is one-year budget
authority which will support approximately 4,200 rental vouchers and
certificates in connection with approvable PHA allocation plans. The
funding under this NOFA will be obligated only after the $58.3 million
of five-year budget authority and the $20.3 million of two-year budget
authority provided under NOFA FR-4085-N-01 are obligated. The rental
vouchers and certificates will assist PHAs in providing sufficient
alternative resources to meet the housing needs of those persons with
disabilities who would have been housed by the PHA if occupancy in the
designated public housing project were not restricted to elderly
households and assist PHAs that wish to continue to designate their
buildings as ``mixed elderly and disabled buildings'' but can
demonstrate a need for alternative resources for persons with
disabilities that is consistent with the jurisdiction's Consolidated
Plan and the low-income housing needs of the jurisdiction.
b. Certain Section 8 Projects. HUD also will award $25 million in
one-year budget authority for approximately 4,200 rental vouchers and
certificates to HAs that submit an application identifying the number
of non-elderly disabled families who are not receiving housing
assistance in certain Section 8
[[Page 17674]]
project-based developments where the owners have elected to establish
preferences for elderly families. HUD intends to fund all approvable
applications for these funds on a first-come, first-served basis.
c. Redistribution of Funds. In the event that approvable
applications are received for more funding than the $25 million being
made available in this NOFA related to certain Section 8 projects,
funds will be transferred from the $25 million made available under
this NOFA for applications related to allocation plans. In the event
that approvable applications are received for more than the combined
funding made available under this NOFA and NOFA FR-4085-N-01 for
applications related to allocation plans, funds will be transferred
from the $25 million being made available in this NOFA related to
certain Section 8 projects.
d. Turnover. When a rental voucher or rental certificate under this
program becomes available for reissue (e.g., the individual or family
initially selected for the program drops out of the program or is
unsuccessful in the search for a unit), the rental assistance may be
used only for another individual or family eligible for assistance
under this program for five years, subject to appropriations for
renewal funding, from the date the funding for the rental assistance
was added to the ACC.
(e) HA Responsibilities:
In addition to HA responsibilities under the Section 8 programs and
under HUD regulations for nondiscrimination based on disability (24 CFR
8.28) and to affirmatively further fair housing, HAs that receive
rental voucher or certificate funding must:
(i) Where requested by the 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 needed 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 HA
programs to eligible applicants who choose not to participate; and
(iv) Provide 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 a unit suited to
their needs (Section 8 search assistance).
B. Background, Purpose and Substantive Description for Rental Vouchers
and Certificates Pertinent to Certain Section 8 Project-Based
Developments
(1) Background
HUD's Fiscal Year 1997 Appropriations Act provided that funding for
Section 8 rental vouchers and certificates would be made available to
nonelderly disabled families affected by the establishment of
preferences in accordance with Section 651 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13611). Section 651 of the 1992 Act
allowed owners of the following Section 8 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) Purpose
The rental vouchers and certificates that HAs may apply for under
this NOFA will assist these agencies in providing sufficient
alternative resources to meet the housing needs of those non-elderly
disabled families who would have been housed if the owners of the
Section 8 project-based developments identified in paragraph B.(1)
above had not elected to provide preferences to elderly families in
selecting tenants for vacancies in assisted units in those
developments.
(3) Limit on Rental Assistance Requested
An HA may apply only for the number of units needed to house those
non-elderly disabled families who are on the waiting list of an owner
of a Section 8 project-based development, identified in paragraph B.(1)
above 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.
(4) Guidelines
(a) Definitions
Elderly Family. A Family whose head of household, spouse, or sole
member is 62 years or older.
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 to be
essential to the care and well-being of the person or persons with
disabilities.
Person with Disabilities. A person who:
(a) Has a disability as defined in Section 223 of the Social
Security Act (42 U.S.C. 423), or
(b) Is determined to have a physical, mental or emotional
impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live
independently; and
(iii) Is of such a nature that such ability could be improved by
more suitable housing conditions, or
(c) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001(5)).
The term ``person with disabilities'' does not exclude persons who
have the disease of acquired immunodeficiency syndrome (AIDS) or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome (HIV).
(b) Eligible HAs
HAs that submit an application for Section 8 rental vouchers or
certificates reflective of the need for housing by non-elderly disabled
families (in connection with the establishment of preferences by owners
for the admission of elderly families to certain Section 8 project-
based developments), and also administer a Section 8 rental certificate
and/or rental voucher program.
Some HAs currently administering the Section 8 rental certificate
and voucher programs have, at the time of publication of this NOFA,
major program management findings that are open and unresolved or other
significant
[[Page 17675]]
program compliance problems (e.g., HA has not implemented mandatory FSS
Program). HUD will not accept applications for funding from these HAs
as contract administrators if, on the application deadline, the
findings are not closed to HUD's satisfaction. If these HAs want to
apply under this NOFA, the HA must submit an application that
designates another housing agency, non-profit agency, or contractor
that is acceptable to HUD and includes an agreement with the other
housing agency or contractor to administer the new funding increment on
behalf of the HA. The Office of Public Housing, for PHAs, and the
Office of Native American Programs, for IHAs, in the local HUD Office
will notify immediately after publication of this NOFA, those PHAs and
IHAs that are not eligible to apply. Applications submitted by these
HAs without an agreement from another housing agency or contractor,
approved by HUD, to serve as contract administrator will be rejected.
(c) Eligible Participants
Eligible participants include non-elderly disabled families who
were on the waiting list (at the time of application) of a covered
development listed in paragraph B.(1), where the owner had exercised a
preference for the admission of elderly families when the HA received
the names of these families from the management of this development(s)
for purposes of requesting either Section 8 rental certificates or
vouchers in response to this NOFA. These non-elderly disabled families
need not be listed on the HA'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 Section 8
development at the time their names are provided to the HA by the
owner. Eligible participants also include other non-elderly disabled
families residing in the community who would qualify for a one- or
zero-bedroom unit.
(d) Rental Voucher and Certificate Assistance
(i) Section 8 regulations. HAs must administer the Section 8
assistance in accordance with HUD regulations governing the Section 8
rental voucher and certificate programs.
(ii) Section 8 admission requirements. Section 8 assistance must be
provided to eligible applicants in conformity with applicable rules
governing the Section 8 program, and in accordance with the HA's
administrative plan.
(e) Turnover
When a rental voucher or rental certificate issued in support of
the program becomes available for reissue (e.g., the individual or
family initially selected for the program drops out of the program or
is unsuccessful in the search for a unit), the rental assistance may be
used only for another individual or family eligible for assistance in
support of the program for five years, subject to appropriations for
renewal funding, from the date the funding for the rental assistance
was added to the ACC.
(f) HA Responsibilities
In addition to HA responsibilities under the Section 8 programs and
under HUD regulations for nondiscrimination based on disability (24 CFR
8.28) and to affirmatively further fair housing, HAs that receive
rental voucher or certificate funding must:
(i) Where requested by the 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 needed 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 HA
programs to eligible applicants who choose not to participate; and
(iv) Provide 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 a unit suited to
their needs (Section 8 search assistance).
C. Allocation Amount for Rental Vouchers and Certificates Pertinent to
Certain Section 8 Project-Based Developments
This NOFA announces the availability of up to $25 million
(approximately) of one-year budget authority that will support about
4,200 Section 8 rental vouchers or certificates. HAs are provided with
the opportunity to apply for rental vouchers or certificates in
conjunction with the submission of an application to provide rental
assistance to non-elderly disabled families from the waiting list of
certain Section 8 project-based developments (see paragraph B.(1))
where the developments were originally designed primarily for the
occupancy of elderly families, and where the owners elected to provide
preferences to elderly families in selecting tenants for available
assisted units in the developments and to house other non-elderly
disabled families residing in the community who would qualify for one-
or zero-bedroom units.
D. Application Submission Requirements for Rental Vouchers and
Certificates Pertinent to Certain Section 8 Project-Based Developments
(1) Form HUD-52515
All HAs must complete form HUD-52515, Funding Application, for the
Section 8 rental certificate and rental voucher programs (dated January
1996). This form includes all necessary certifications for Fair
Housing, Drug Free Workplace, and Lobbying Activities; therefore, HAs
can complete and sign the new form HUD-52515 to meet the requirements
of these certifications. An application must include the information in
Section C, Average Monthly Adjusted Income, of form HUD-52515 in order
for HUD to calculate the amount of Section 8 budget authority necessary
to fund the requested number of units. Copies of form HUD-52515 may be
obtained from the local HUD Office or may be downloaded from the HUD
Home Page on the Internet's world wide web (http://www.hud.gov).
(2) Local Government Comments
Section 213 of the Housing and Community Development Act of 1974
(42 U.S.C. 1439) requires that HUD independently determine that there
is a need for the housing assistance requested in applications and
solicit and consider comments relevant to this determination from the
chief executive officer of the unit of general local government. The
HUD Office will obtain section 213 comments from the unit of general
local government in accordance with 24 CFR part 791, subpart C,
Applications for Housing Assistance in Areas Without Housing Assistance
Plans. Comments submitted by the unit of general local government must
be considered before an application can be approved.
For purposes of expediting the application process, the HA needs to
encourage the chief executive officer of the unit of general local
government to submit a letter with the application commenting on the
HA's application in accordance with section 213. Because HUD cannot
approve an application until the 30-day comment period is
[[Page 17676]]
closed, the section 213 letter should not only comment on the
application, but also state that HUD may consider the letter to be the
final comments and that no additional comments will be forthcoming from
the unit of general local government.
(3) Letter of Intent and Narrative
All the items in this section must be included in the application
submitted to the HUD Office. The HA must state in its cover letter to
the application whether it will accept a reduction in the number of
rental certificates or rental vouchers and the minimum number of rental
certificates or rental vouchers it will accept, since the funding is
limited and HUD may only have enough funds to approve a smaller amount
than the number of rental certificates or rental vouchers requested.
(4) Certification, Waiting List Information and Other Non-Elderly
Disabled Families Residing in the Community
In order to support the requested number of rental vouchers or
certificates being requested on the form HUD-52515, the HA's
application must include a certification statement from the owner of a
covered development(s) (see paragraph B.(1)), that the development is a
covered development, it was developed primarily for occupancy by the
elderly, the owner has established preferences for the admission of
elderly families and indicating the number of non-elderly disabled
families on the Owner's waiting list for the development(s). HAs may
contact the local HUD State or Area Office's Director, Multifamily
Division, to get the addresses and telephone numbers of the
developments falling under the programs listed in paragraph B.(1). The
HA will then need to contact the management/owners of these
developments within their jurisdiction to determine, in each case, if
the development was originally designed primarily for occupancy by
elderly families and if the owner has established a preference for the
admission of elderly families in accordance with the applicable program
regulation.
Owners of covered developments are encouraged to cooperate with HAs
in a timely manner in making these determinations and (if applicable)
in providing the certification that their development is a covered
development (for example: a development under the Section 8 New
Construction Program), and that it was developed primarily for
occupancy by the elderly, and that the owner has established
preferences for the admission of elderly families. The owner will also
concurrently provide the HA with names, addresses and telephone numbers
of those families on the development's waiting list that are non-
elderly disabled families.
HAs 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).
E. Corrections to Deficient Applications for Section 8 Rental Vouchers
and Certificates Pertinent to Certain Section 8 Project-Based
Developments
(1) Acceptable Applications
The local HUD Office will initially screen all applications and
notify HAs of deficiencies by letter within 7 calendar days. If an
application has deficiencies, the HA will have 14 calendar days from
the date of the issuance of the HUD notification letter to submit the
missing or corrected information to the HUD Office before the
application can be considered for further processing by HUD. All HAs
must submit corrections within 14 calendar days from the date of the
HUD Office letter notifying the applicant of any such deficiency.
Information received after 3 p.m. local time (i.e., the time in the
appropriate HUD Office), of the 14th calendar day of the correction
period will not be accepted and the application will be rejected as
incomplete.
(2) Unacceptable Applications
(a) After the 14-calendar day deficiency correction period, the HUD
Office will immediately notify any HA that submitted an application
that the local HUD Office determines is not acceptable for processing.
The HUD Office notification of rejection letter to the HA must state
the basis for the decision.
(b) Applications for Section 8 rental assistance that fall into any
of the following categories will not be processed:
(i) There is a pending civil rights suit against the HA instituted
by the Department of Justice or there is a pending administrative
action for civil rights violations instituted by HUD (including a
charge of discrimination under the Fair Housing Act).
(ii) There has been an adjudication of a civil rights violation in
a civil action brought against the HA by a private individual, unless
the HA is operating in compliance with a court order or implementing a
HUD-approved resident selection and assignment plan or compliance
agreement designed to correct the areas of noncompliance.
(iii) There are outstanding findings of noncompliance with civil
rights statutes, Executive Orders, or regulations, as a result of
formal administrative proceedings, or the Secretary has issued a charge
against the applicant under the Fair Housing Act, unless the applicant
is operating under a conciliation or compliance agreement designed to
correct the areas of noncompliance.
(iv) HUD has denied application processing under Title VI of the
Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR
50.3), and the HUD Title VI regulations (24 CFR 1.8) and procedures
(HUD Handbook 8040.1), or under section 504 of the Rehabilitation Act
of 1973 and HUD regulations (24 CFR 8.57).
(v) The HA has serious unaddressed, outstanding Inspector General
audit findings, Fair Housing and Equal Opportunity monitoring and
compliance review findings, or HUD management review findings for its
rental voucher or rental certificate programs. HA has serious
underutilization of rental vouchers or certificates not attributable to
the three month statutory delay for the reissuance of rental vouchers
and certificates. The only exception to this category is if the HA has
been identified under the policy established in section B.(4)(b) of
this NOFA and the HA makes application with a designated contract
administrator.
(vi) The HA is involved in litigation and HUD determines that the
litigation may seriously impede the ability of the HA to administer an
additional increment of rental vouchers or rental certificates.
(vii) An HA application 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.
F. Application Selection Process for Section 8 Rental Vouchers and
Certificates Pertinent to Certain Section 8 Project-Based Developments
(1) HUD Office Review
Upon receipt, the Office of Public Housing in the HUD Office will
screen HA applications and stop processing any applications found
unacceptable for further processing, as per paragraph E.(2) above.
If the HUD Office determines that the application is approvable, it
will notify HUD Headquarters, Attention: Gerald
[[Page 17677]]
Benoit, Director, Operations Division, Room 4220, 451 Seventh St.,
S.W., Washington, D.C. 20410, that it is recommending that the
application be funded. Headquarters shall be notified by the HUD Office
within 30 days of the date of its receipt of the HA's application in
response to this NOFA.
(2) Funding
Headquarters will fund, on a first-come, first-served basis, all
applications determined approvable by HUD Headquarters and for which
the Section 8 application is recommended for approval by the HUD
Office. The ``first-come'' status of each HA's application shall be
based on the date and time the application (concurrently submitted to
HUD Headquarters and the local HUD Office--see paragraph b, Certain
Section 8 Projects, under the paragraph entitled Addresses) is received
in HUD Headquarters. As HAs are selected, the cost of funding the
applications will be subtracted from the funds available. Any remaining
funds will be added to those funds for use in funding applications
related to designated housing allocation plans.
When remaining budget authority is insufficient to fund the last
selected HA application in full, HUD Headquarters will fund that
application to the extent of the funding available, unless the HA's
application indicates it will only accept a higher number of units. In
that event, the next selected application shall be one which has
indicated a willingness to accept the lesser amount of funding for
units available.
(3) Program Type
If an HA's application specifically requests funding for either
rental vouchers or rental certificates, and funding for the specified
program is not available, HUD will award the available form of
assistance, notwithstanding the program type specified in the HA
application.
G. Other Matters
Catalog of Federal Domestic Assistance
The Federal Domestic Assistance numbers for this program are:
14.855 and 14.857.
Environmental Impact
This NOFA provides funding under, and does not alter environmental
requirements of, 24 CFR part 982. This NOFA provides funding only for
the tenant-based assistance, which is a categorical exclusion not
subject to the individual environmental clearance requirements cited in
24 CFR 50.4. The regulations referred to above, therefore, do not
contain environmental review requirements. Accordingly, under 24 CFR
50.19(c)(5), this NOFA is categorically excluded from environmental
review requirements under the National Environmental Policy Act of 1969
(42 U.S.C. 4321).
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 effect on
States or their political subdivisions, or the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the notice is not subject to review under the Order. This notice is a
funding notice and does not substantially alter the established roles
of the Department, the States, and local governments, including HAs.
Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, The Family, has determined that this notice does not have
potential for significant impact on family formation, maintenance, and
general well-being within the meaning of the Executive Order and, thus,
is not subject to review under the Order. This is a funding notice and
does not alter program requirements concerning family eligibility.
Accountability in the Provision of HUD Assistance
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (HUD Reform Act) and the final rule codified at 24
CFR part 4, subpart A, published on April 1, 1996 (61 FR 1448), contain
a number of provisions that are designed to ensure greater
accountability and integrity in the provision of certain types of
assistance administered by HUD. On January 14, 1992, HUD published, at
57 FR 1942, a notice that also provides information on the
implementation of section 102. The documentation, public access, and
disclosure requirements of section 102 are applicable to assistance
awarded under this NOFA as follows:
a. Documentation and public access requirements. HUD will ensure
that documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a five-year period beginning not less than 30 days after the award
of the assistance. Material will be made available in accordance with
the Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
b. Disclosures. HUD will make available to the public for five
years all applicant disclosure reports (HUD Form 2880) submitted in
connection with this NOFA. Update reports (also Form 2880) will be made
available along with the applicant disclosure reports, but in no case
for a period less than three years. All reports--both applicant
disclosures and updates--will be made available in accordance with the
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15.
Section 103 HUD Reform Act. Section 103 of the Department of
Housing and Urban Development Reform Act of 1989, and HUD's
implementing regulation codified at subpart B of 24 CFR part 4, applies
to the funding competition announced today. These requirements continue
to apply until the announcement of the selection of successful
applicants. HUD employees involved in the review of applications and in
the making of funding decisions are limited by section 103 from
providing advance information to any person (other than an authorized
employee of HUD) concerning funding decisions, or from otherwise giving
any applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted under section 103 and subpart B of 24 CFR part
4.
Applicants or employees who have ethics related questions should
contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
free number.) For HUD employees who have specific program questions,
such as whether particular subject matter can be discussed with persons
outside HUD, the employee should contact the appropriate Field Office
Counsel, or Headquarters counsel for the program to which the question
pertains.
Prohibition Against Lobbying Activities. 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. Section 1352 (the Byrd Amendment) and to
the provisions of the Lobbying Disclosure Act of 1995,
[[Page 17678]]
Public Law 104-65 (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 package.
The Lobbying Disclosure Act of 1995, Public Law 104-65 (December
19, 1995), which repealed Section 112 of the HUD Reform Act and
resulted in the elimination of the regulations at 24 CFR Part 86,
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.
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.
Dated: April 7, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 97-9334 Filed 4-9-97; 8:45 am]
BILLING CODE 4210-33-P
