[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Notices]
[Pages 20360-20363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10140]
[[Page 20359]]
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Part VII
Department of Housing and Urban Development
_______________________________________________________________________
HUD Housing Counseling Agency; Inviting National, Regional, and Multi-
State Nonprofit or Public Organizations to Apply for Approval; Notice
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 /
Notices
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[[Page 20360]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Housing--Federal Housing Commissioner
[Docket No. N-95-3902; FR-3888-N-01]
Notice Inviting National, Regional, and Multi-State Nonprofit or
Public Organizations To Apply for Approval as a HUD Housing Counseling
Agency
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Application for approval of national, regional and multi-state
nonprofits or public entities as HUD-approved housing counseling
agencies.
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SUMMARY: This Notice describes the criteria for approval by the U.S.
Department of Housing and Urban Development (HUD) of national,
regional, and multi-state nonprofit or public organizations as housing
counseling agencies and sets forth the application approval process.
All organizations wishing to participate in HUD's FY '95 housing
counseling program must first receive HUD approval as a housing
counseling agency. Although HUD has an established process for
approving local counseling agencies, FY '95 will mark the first year
that HUD will approve national, regional, and multi-state organizations
for participation in its counseling program. National, regional, and
multi-state nonprofit or public organizations that apply for HUD
approval under this Notice are not necessarily guaranteed HUD housing
counseling funding for FY '95. However, the HUD approval process
outlined in this Notice is a prerequisite to the application for FY '95
funding by national, regional, or multi-state nonprofit or public
organizations. The NOFA announcing the availability of FY '95 funds is
expected to be published at a later date.
DATES: Complete applications must be submitted for HUD approval no
later than 4:30 p.m. e.s.t. on May 10, 1995. In order to be assured of
eligibility for FY '95 funding, all applications for HUD certification
must be physically received by this deadline date and hour by Emelda P.
Johnson, Deputy Assistant Secretary for Single Family Housing,
Department of Housing and Urban Development, 451 7th Street SW., Room
9282, Washington D.C. 20410.
FOR FURTHER INFORMATION CONTACT: Written inquiries about this Notice
may be mailed or faxed to the attention of Marion F. Connell, Office of
Housing, Department of Housing and Urban Development, 451 7th Street
SW., Room 9282, Washington D.C. 20410; fax number (202) 708-4006.
Telephone inquiries may be directed to (202) 708-0740 (voice) or (202)
708-4594 (TDD). Please note: these are not toll free numbers.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this notice
have been approved by the Office of Management and Budget, under
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB control number 2502-0261.
I. Purpose and Substantive Description
A. Authority and Purpose
Section 106 of the Department of Housing and Urban Development Act
of 1968 (12 U.S.C. 1701x) authorizes the Secretary of HUD to provide,
or contract with public or private organizations to provide, counseling
and advice to tenants and homeowners with respect to property
maintenance, financial management, and such other matters as may be
appropriate to assist them in improving their housing conditions and in
meeting the responsibilities of tenancy or homeownership. In accordance
with its responsibilities under the Fair Housing Act and other Civil
Rights laws, the Department requires housing counseling agencies to be
familiar with these laws. Appropriations acts for the past several
years have consistently provided funds for counseling and advice under
Section 106 to current and prospective tenants and homeowners. Under
the counseling program, HUD funds housing counseling agencies which
offer a range of services to renters, first-time homebuyers, and
current homeowners.
In order to participate in the HUD program, housing counseling
agencies must first be approved by the Department. In previous fiscal
years, HUD provided all of its housing counseling funding directly to
local housing counseling agencies. The approval process for local
housing counseling agencies requires that the local agency submit
information documenting minimum levels of experience and technical
expertise. Once approved, these local agencies are eligible to apply
for HUD funding. Currently there are 661 HUD-approved local housing
counseling agencies, of which 431 received funding in FY '94.
For FY '95, HUD will fund both local counseling agencies and
national, regional, or multi-state nonprofit or public organizations.
These national, regional, or multi-state nonprofit or public
organizations (sometimes referred to as ``intermediaries'') will assist
HUD to manage the use of housing counseling funds in a more efficient
and effective manner. These organizations may use the HUD program to
fund local affiliates which offer housing counseling services, and/or
may provide counseling services directly to the public.
All national, regional, or multi-state organizations wishing to
participate in the program must receive HUD approval before applying
for funding. HUD will publish a separate NOFA announcing the
availability of FY '95 housing counseling funding. In order to allow
sufficient review time, the Department requires that all applications
for approval as a HUD housing counseling agency be submitted by the
date stated above. Organizations that are not HUD-approved as of the
NOFA publication date will be ineligible to participate in the FY '95
program.
B. Applicability of Handbook
The Housing Counseling Program is generally governed by HUD
Handbook 7610.1, REV-3. However, since the current version of that
handbook did not contemplate the inclusion of national, regional, and
multi-state housing counseling agencies, its provisions are hereby
superseded with respect to this new category of participants. Although
the handbook does not apply to this category of participants, these
participants are responsible to provide, either directly or through
their affiliates, housing counseling services of the same quality as
are provided by the HUD-approved independent housing agencies that are
subject to the provisions of the handbook.
C. Eligible Applicants
(1) Type of Organization
In order to apply for HUD approval under this Notice, an
organization must be a nonprofit or public agency that is authorized to
provide housing counseling; and a national, regional, or multi-state
organization. (Local agencies may continue to apply for approval at the
appropriate HUD Field Office under existing procedures.) For purpose of
determining the type of organization, national, regional, and multi-
state organizations are defined as follows:
National organizations are entities that have branches or
affiliates covering more than one regional area of the country.
[[Page 20361]]
Regional organizations serve a ``regional area'' such as
the Southwest or Northeast. The regional organization's operational
boundaries need not conform precisely to the typically accepted
definition of a particular area.
Multi-state organizations serve two or more states. The
states need not be contiguous and the operational boundaries of the
organization need not precisely conform to State boundaries.
(2) Civil Rights Compliance
The organization may have no outstanding finding of a violation of:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and
regulations pursuant thereto (24 CFR Part 1); the Fair Housing Act (42
U.S.C. 3601-19); Executive Order 11063, as amended by Executive Order
12892 and HUD regulations (24 CFR Part 107); Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and regulations issued
pursuant thereto (24 CFR Part 8); Title II of the Americans with
Disabilities Act of 1990 and applicable regulations at 28 CFR Part 36);
the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and regulations
issued pursuant thereto (24 CFR Part 146); Executive Order 11246 and
all regulations issued pursuant thereto (41 CFR Chapter 60-1); and
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u) and regulations pursuant thereto (24 CFR Part 135).
II. Application Process
A. Submitting an Application Package
The signed original and one signed copy of the application
information must be submitted in a sealed envelope addressed to Emelda
P. Johnson, Deputy Assistant Secretary for Single Family Housing, U.S.
Department of Housing and Urban Development, 451 7th Street SW., Room
9282, Washington D.C. 20410. Envelopes should be clearly marked,
``Housing Counseling Application''. Applicants should retain a copy of
the application for their records. Where the application requests
submission of existing legal or corporate documents, send only a copy--
not the original document.
Applications must be physically received by no later than the date
stated above in the ``Dates'' section. Applicants have the option of
submitting their response to sections B 4-9 below after receiving
preliminary approval. In that case, the first phase of the application
must be submitted within five working days of publication of this
Notice. HUD will respond by telephone within two working days of
receipt of the first phase. The second phase of the application must
then be received by the date stated above in the ``Dates'' section of
this Notice. HUD recommends a one-step application process in the
interest of timeliness and efficiency for the applicant but is making
the two-step option available in conformance with previous practice.
The above stated application deadline is firm as to its date and
hour. In the interest of fairness to all applicants, the Department
will treat as ineligible for consideration any application that is
received after the deadline. Applicants should take this policy into
account and make early submission of their materials to avoid any risk
of loss of eligibility brought about by unanticipated delays or other
delivery-related problems.
Facsimile (FAX) applications are not acceptable and will not be
reviewed.
B. Application Content
Applicants must submit an application following the format
prescribed in forms HUD-9900C and HUD-9900D to HUD by the date and time
stated above. After review and approval of this application, HUD will
send the applicant a letter stating that the organization is recognized
as a HUD-approved housing counseling agency with a copy of HUD's
standard approval certificate. The following sections of this Notice
state the submission requirements for each portion of the application
package.
All application materials should be on 8.5 x 11'' paper and should
be typewritten or produced using other methods of wordprocessing. For
identification purposes, assure that the name and complete address of
the applicant appear on the top or bottom of each page. Use the outline
format specified below and do not deviate or add or skip sections.
Applicants should ensure that submitted materials are clear and
concise.
National, regional, or multi-state organizations seeking HUD
approval as a housing counseling agency must submit the following
information as part of their application package:
(1) Transmittal Letter
In the transmittal letter, or cover sheet, to the application,
clearly list the following information about the applicant:
a. Official name of organization;
b. Acronym, if any, for official name;
c. Address of main office; (If the applicant will use a location
other than the main office for counseling coordination activities,
please indicate this address as well.)
d. Main office telephone and FAX number. Also, toll free 800 # if
applicable;
e. Name and title of chief operating officer;
f. Counseling program administrator's name and title;
g. The name, title, and telephone number of the person to contact
regarding the organization's application.
The cover sheet or transmittal letter should be signed and dated by
the person authorized by the applicant's governing body to submit this
application. Beneath the signature and date, type the signer's name and
title and affirmatively state that this person is authorized to submit
the application.
(2) Executive Summary
Provide a one page summary of the organization's proposed housing
counseling plan and describe how this plan meets the housing needs and
problems of the organization's targeted population. Also note how the
organization's resources will enable it to implement its plan.
(3) Type of Organization
a. National Organizations: Note the number of the States where
housing counseling services will be provided. State the number of
offices (main, branch, or affiliate) where these services will be
provided.
b. Regional Organizations: State the name of the region where
services will be provided. Note the number of the States which are
included in the organization's region. State the number of offices
(main, branch, or affiliate) where these services will be provided.
c. Multi-State Organizations: List the names of the States where
housing counseling services will be provided. For each state, list the
number of offices (main, branch, or affiliate) where these services
will be provided.
(4) Community Base
a. Describe the applicant's experience and record of achievement in
housing counseling during the past year. This experience should be
specific to the communities where the organization proposes to offer
housing counseling services.
b. List the following information for all affiliates or branch
offices:
Official Name.
Address, including ZIP code.
Mailing address (if different).
Telephone and FAX number (if a toll free number is
available please note that number as well).
Name, title, and telephone number of the person in charge
of the housing counseling program. [[Page 20362]]
Please note: The information requested in this section (b.) may
alternatively be submitted at the time a HUD-approved organization
applies for funding. HUD recognizes that some national groups are still
forming their counseling network.
c. If housing counseling services will be offered to non-English
speaking persons, please attach evidence of staff members who fluently
speak the clients' native language.
(5) Target Area
a. Describe the organization's proposed target area for housing
counseling, including: size of population; racial and ethnic make-up of
the population; socio-economic factors; and age and condition of the
housing stock. Do not exceed two typewritten pages.
b. State why the organization selected this particular target area
and why the organization believes it is particularly well situated to
service this area. Do not exceed one typewritten page.
c. If other housing counseling agencies serve this same target
area, describe why the applicant believes that it should also target
this area. Do not exceed one typewritten page.
d. List the U.S. Postal Service ZIP codes for all areas serviced by
the main office and its affiliates or branch offices over the past 12
months.
(6) Housing Needs and Problems
Describe the housing needs and problems of the target area serviced
by the organization. Include special needs and problems, such as those
related to available housing stock, low income or poverty,
homelessness, language, persons with disabilities, and ethnic,
minority, and racial factors.
(7) Resources
Submit a narrative statement of the resources the applicant has on-
hand as of the submission date of this application. ``On-hand'' is
defined as the staff, facilities, and funding which the applicant
either possesses or has a written commitment to receive but does not
include amounts which the organization hopes to receive or plans to
seek. Break out the statement of resources by staff, facilities, and
funding categories:
a. Staff.
Attach a brief resume for each person who will oversee the
housing counseling program at the applicant's headquarters. Each resume
should indicate position title and duties.
b. Facilities.
Provide a general description of the applicant's
facilities. State whether privacy and accessibility for persons with
disabilities is provided at each affiliate or branch location. An
opportunity for privacy during consultation and reasonable
accommodations for accessibility are required at each location. If
access for persons with disabilities, including persons with mobility,
hearing, visual, and other disabilities, is not possible at all sites,
indicate how counseling will be provided to persons with disabilities
as needed. Also state whether public transportation is available within
a 15 minute walk of each housing counseling location, to ensure
accessibility of all populations needing to be served.
c. Funding.
List the sources and amount of funds available ``on-hand''
within the initial 12 month period of working as a HUD-approved housing
counseling agency. The Department will give priority consideration to
organizations that can demonstrate the ability to leverage funding
received from HUD.
Submit a copy of the organization's current housing
counseling budget and indicate the sources of funds for that budget.
(8) Community Resources
List the names of the types of community resources from which you
expect your branches or affiliates to receive services or other forms
of assistance for clients either at your facilities or those of the
resource. Community resources consist of the types of local, state, and
federal public and private resources with whom the applicant expects
branches or affiliates to have firm working relationships. This may
also include other HUD-approved housing counseling agencies.
(9) Housing Counseling Plan
Describe in detail the housing counseling which will be provided by
the applicant organization. This plan should take into account the
resources, housing needs and problems, and target areas identified by
the applicant. Be concise.
(10) Legal Status
Submit a copy of the document which verifies that the applicant is
a nonprofit organization, such as a copy of a 501 (c) determination
from the IRS, or official document duly authorizing a public agency.
This document must include the official name, address, and telephone
number of the entity that granted this status. HUD assumes, and the
applicant assures, that all affiliates and branch offices are also
nonprofit organizations or public agencies.
(11) Charter
Attach a copy of the organization's document that authorizes
housing counseling activities. This document might include the charter,
by-laws, board resolution, etc.
(12) Audit Report
Attach a copy of an audit report conducted within the 12 month
period prior to the date of the application. HUD assumes and the
applicant assures that affiliates and branch offices have also been
audited within the last 12 months. If an audit has not been conducted
within the last 12 months, certification must be received that one will
be immediately undertaken, and a copy provided to HUD when completed.
Regardless of how recently the last audit was done, a copy of the
organization's most recent audit must be immediately submitted. The
applicant must also assure that each affiliate or branch has a
functioning management system in accordance with generally accepted
accounting standards.
(13) Assurances and Signatures
Affirmatively state that the applicant will comply with the
following requirements:
a. Administer its housing counseling program in compliance with
Title VI of the Civil Rights Act of 1964, Title VIII of the Civil
Rights Act of 1968, Executive Order 11063, Section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, and
applicable provisions of the Americans with Disabilities Act of 1990.
b. Provide its housing counseling services without subagreements
with agencies other than the stated affiliates and branches or other
HUD-approved housing counseling agencies. Written agreements must be
executed with affiliates or branches delineating the respective
responsibilities of the various organizations party to the agreement.
c. Represent its clients without any conflicts of interest on the
part of the applicant or its staff that might compromise the agency's
ability to represent fully and impartially the best interests of the
client.
d. Meet all local, State, and federal requirements necessary to
provide the applicant's housing services. Agency staff must possess a
working knowledge of all current laws and ordinances that relate to
housing counseling, such as debt management and a range of mortgage
loan products available in their area.
e. Comply with fee guidelines set forth in HUD's Handbook 7610.1
REV-3, if the applicant plans to charge a fee to some of its clients.
[[Page 20363]]
C. Corrections to Deficient Applications
After the deadline, applicants that met the deadline may cure only
non-substantive, technical deficiencies in their application.
Applicants have a 14 calendar day ``cure period'' to correct
deficiencies in the application that are not integral to HUD's review
of the application. Applicants have 14 days from the date HUD notifies
the applicant of any problem to submit the appropriate information to
HUD. Notification of a technical deficiency may be in writing or by
telephone. If the notification is by telephone, a written confirmation
will be transmitted by HUD to the applicant. Such deficiencies should
be cured prior to application for HUD funding; however, exceptions may
be made if circumstances warrant.
III. Other Matters
Environmental Review
A Finding of No Significant Impact with respect to the environment
was made in accordance with HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the National Environmental Policy Act of
1969, 42 U.S.C. 4332, in connection with the Notice of Funding
Availability published in connection with the Housing Counseling
program on March 21, 1994 (59 FR 13366). That Finding is available for
public inspection during business hours in the Office of the Rules
Docket Clerk, Office of General Counsel, room 10276, Department of
Housing and Urban Development, 451 Seventh Street, SW, Washington, DC
20410.
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that this notice
does not have ``federalism implications'' because it does not have
substantial direct effects on the States (including their political
subdivisions), or on the distribution of power and responsibilities
among the various levels of government. This notice only affects multi-
state, regional and national nonprofit or public organizations who want
to apply to participate in HUD's program to provide housing counseling
services, assisting and advising housing consumers about how to develop
competence and responsibility in meeting their housing needs.
Impact on the Family
The General Counsel, as the Designated Official under Executive
Order 12606, the Family, has determined that this notice has potential
significant impact on family formation, maintenance, and general well-
being only to the extent that the entities who qualify for
participation in HUD's housing counseling program under this notice
will provide families with the counseling and advice they need to avoid
rent delinquencies or mortgage defaults, and to develop competence and
responsibility in meeting their housing needs. Since the potential
impact on the family is considered beneficial, no further review under
the Order is necessary.
Catalog
The Catalog of Federal Domestic Assistance Program number is
14.169.
Authority: 12 U.S.C. 1701x; 42 U.S.C. 3535(d).
Dated: April 13, 1995.
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 95-10140 Filed 4-24-95; 8:45 am]
BILLING CODE 4210-27-P
