95-12716. Notice of Fund Availability (NOFA) for Supportive Housing for the Elderly  

  • [Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
    [Notices]
    [Pages 27612-27621]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-12716]
    
    
    
    
    [[Page 27611]]
    
    _______________________________________________________________________
    
    Part III
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Supportive Housing for the Elderly; Fund Availability; Notice
    
    Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / 
    Notices 
    [[Page 27612]] 
    
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner
    [Docket No. N-95-3909; FR-3904-N-01]
    
    
    Notice of Fund Availability (NOFA) for Supportive Housing for the 
    Elderly
    
    AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner, HUD.
    
    ACTION: Notice of fund availability for Fiscal Year (FY) 1995.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This NOFA announces HUD's funding for supportive housing for 
    the elderly. This document describes the following: (a) The purpose of 
    the NOFA, and information regarding eligibility, submission 
    requirements, available amounts, and selection criteria; and (b) 
    application processing, including how to apply and how selections will 
    be made.
    
    APPLICATION PACKAGE: The Application Package can be obtained from the 
    Multifamily Housing Clearinghouse, P.O. Box 6424, Rockville, MD 20850, 
    telephone 1-800-685-8470; and from the appropriate HUD Office 
    identified in appendix A to this NOFA. The Application Package includes 
    a checklist of steps and exhibits involved in the application process.
    
    DATES: The deadline for receipt of applications in response to this 
    NOFA is 4 p.m. local time on July 24, 1995. The application deadline is 
    firm as to date and hour. In the interest of fairness to all 
    applicants, HUD will not consider any application that is received 
    after the deadline. Sponsors should take this into account and submit 
    applications as early as possible to avoid the risk of unanticipated 
    delays or delivery-related problems. In particular, Sponsors intending 
    to mail applications must provide sufficient time to permit delivery on 
    or before the deadline date. Acceptance by a Post Office or private 
    mailer does not constitute delivery. Facsimile (FAX), COD, and postage 
    due applications will not be accepted.
    
    ADDRESSES: Applications must be delivered to the Director of the 
    Multifamily Housing Division in the HUD Office for your jurisdiction. A 
    listing of HUD Offices, their addresses, and telephone numbers are 
    attached as appendix A to this NOFA. HUD will date and time stamp 
    incoming applications to evidence timely receipt, and upon request will 
    provide the applicant with an acknowledgement of receipt.
    
    FOR FURTHER INFORMATION CONTACT: The HUD Office for your jurisdiction, 
    as listed in appendix A to this NOFA.
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act Statement
    
        The information collection requirements contained in this NOFA have 
    been approved by the Office of Management and Budget (OMB), under 
    section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
    3520), and assigned OMB Control Number 2502-0267.
    
    I. Purpose and Substantive Description
    
    A. Authority
    
        Section 801 of the Cranston-Gonzalez National Affordable Housing 
    Act (NAHA) (Pub. L. 101-625, approved November 28, 1990), amended 
    section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). Section 202 
    was also amended by the Housing and Community Development Act of 1992 
    (HCD Act of 1992) (Pub. L. 102-550, approved October 28, 1992). The 
    Secretary is authorized to provide assistance to private nonprofit 
    organizations and nonprofit consumer cooperatives to expand the supply 
    of supportive housing for the elderly. HUD provides the assistance as 
    capital advances and contracts for project rental assistance in 
    accordance with 24 CFR part 889. This assistance may be used to finance 
    the construction or rehabilitation of a structure, or acquisition of a 
    structure from the Resolution Trust Corporation (RTC), to be used as 
    supportive housing for the elderly in accordance with part 889.
        For supportive housing for the elderly, the Departments of Veterans 
    Affairs and Housing and Urban Development, and Independent Agencies 
    Appropriations Act, 1995 (Pub. L. 103-327, approved September 28, 1994) 
    (Fiscal Year 1995 Appropriations Act) provides $1,279,000,000 for 
    capital advances, including amendments to capital advance contracts 
    (not procurement contracts), for housing for the elderly as authorized 
    by section 202 of the Housing Act of 1959, (as amended by the NAHA and 
    HCD Act of 1992), and for project rental assistance, and amendments to 
    contracts for project rental assistance, for supportive housing for the 
    elderly under section 202(c)(2) of the Housing Act of 1959, as amended. 
    The Fiscal Year 1995 Appropriations Act further provides that 
    $22,000,000 of the above total shall be for service coordinators 
    pursuant to section 202(q) of the Housing Act of 1959, as amended, and 
    subtitle E of title VI of the Housing and Community Development Act of 
    1992, other than section 676 of such Act and section 8(d)(2)(F)(i) of 
    the Act. Any unreserved balances provided in prior years for such 
    purposes are to be merged with amounts provided in the Fiscal Year 1995 
    Appropriations Act.
        In accordance with an agreement between HUD and the Administration 
    for Rural Housing and Economic Development Services (ARHEDS) (formerly 
    the Farmers Home Administration (FmHA), which facilitates the 
    coordination between the two agencies in administering their respective 
    rental assistance programs, HUD is required to notify ARHEDS of 
    applications for housing assistance it receives. This notification 
    gives ARHEDS the opportunity to comment if it has concerns about the 
    demand for additional assisted housing and possible harm to existing 
    projects in the same housing market area. HUD will consider the ARHEDS 
    comments in its review and project selection process.
    
    B. Allocation Amounts
    
        In accordance with 24 CFR part 791, the Assistant Secretary will 
    allocate the amounts available for capital advances for supportive 
    housing for the elderly. HUD reserves project rental assistance funds 
    sufficient for 20-year project rental assistance contracts in support 
    of the units selected for capital advances, consistent with current 
    operating cost standards.
        The allocation formula for Section 202 funds consists of a measure 
    of the number of one- and two-person elderly renter households with 
    incomes at or below the very low income limit (50 percent of area 
    median family income, as determined by HUD, with an adjustment for 
    household size) that have housing deficiencies.
        Since the allocations to some HUD Offices are not sufficient to 
    develop feasible projects in both metropolitan and nonmetropolitan 
    areas, the funds may be allocated to only one of the geographical 
    areas. HUD Offices that have an allocation for only one area may accept 
    applications for the other area. However, these applications can only 
    be funded by that HUD Office after all other approvable applications 
    submitted in response to the advertised allocation area have been 
    funded by that HUD Office.
        Applicants for capital advances in the area served by the Wisconsin 
    State HUD Office are hereby put on notice that the capital advance 
    amount available to the Wisconsin Office, as stated in this NOFA, may 
    be reduced or eliminated due to ongoing legal proceedings between HUD 
    and the City of [[Page 27613]] Milwaukee, and that the determination of 
    whether to reduce or eliminate those funds is entirely within the 
    discretion of HUD. If HUD takes such action or actions, it will publish 
    a notice to that effect in the Federal Register.
        Based on the allocation formula, HUD has allocated the available 
    capital advance funds as shown on the following chart:
    
                           Fiscal Year 1995 Allocations for Supportive Housing for the Elderly                      
                                       [Fiscal Year 1995 Section 202 Allocations]                                   
    ----------------------------------------------------------------------------------------------------------------
                                                 Metropolitan           Nonmetropolitan               Totals        
                                          --------------------------------------------------------------------------
                   Offices                     Capital advance          Capital advance          Capital advance    
                                          --------------------------------------------------------------------------
                                              Authority     Units      Authority     Units      Authority     Units 
    ----------------------------------------------------------------------------------------------------------------
    New England:                                                                                                    
        Massachusetts....................     $20,509,305      253         556,267        7      21,065,572      260
        Connecticut......................       8,865,457      109         428,190        5       9,293,647      114
        New Hampshire....................       2,567,368       41       3,121,220       50       5,688,588       91
        Rhode Island.....................       3,923,878       49         404,625        5       4,328,503       54
                                          --------------------------------------------------------------------------
          Total..........................      35,866,008      452       4,510,302       67      40,376,310      519
    New York/New Jersey:                                                                                            
        New York.........................      61,370,898      756         558,167        7      61,929,065      763
        Buffalo..........................      13,310,685      187       2,691,349       38      16,002,034      225
        New Jersey.......................      23,917,973      295               0        0      23,917,973      295
                                          --------------------------------------------------------------------------
          Total..........................      98,599,556    1,238       3,249,516       45     101,849,072    1,283
    Mid-Atlantic:                                                                                                   
        Maryland.........................       5,792,022       87         598,261        9       6,390,283       96
        West Virginia....................       1,229,113       20       1,255,886       21       2,484,999       41
        Pennsylvania.....................      17,573,194      243       2,039,026       28      19,612,220      271
        Pittsburgh.......................       6,821,610      107       1,443,745       23       8,265,355      130
        Virginia.........................       4,494,342       81       1,829,105       33       6,323,447      114
        D.C..............................       6,121,140       89               0        0       6,121,140       89
                                          --------------------------------------------------------------------------
          Total..........................      42,031,421      627       7,166,023      114      49,197,444      741
    Southeast/Caribbean:                                                                                            
        Georgia..........................       5,385,231      101       2,895,944       54       8,281,175      155
        Alabama..........................       3,575,258       65       1,945,569       36       5,520,827      101
        Caribbean........................       2,376,504       35       1,182,362       17       3,558,866       52
        South Carolina...................       2,656,623       46       1,321,226       23       3,977,849       69
        North Carolina...................       6,829,911       99       4,014,080       58      10,843,991      157
        Mississippi......................       1,069,259       20       2,304,179       44       3,373,438       64
        Jacksonville.....................      20,849,046      352       1,049,769       18      21,898,815      370
        Kentucky.........................       2,956,679       51       2,354,387       40       5,311,066       91
        Knoxville........................       1,584,997       30         608,036       12       2,193,033       42
        Tennessee........................       3,013,681       57       1,341,985       25       4,355,666       82
                                          --------------------------------------------------------------------------
          Total..........................      50,297,189      856      19,017,537      327      69,314,726     1183
    Midwest:                                                                                                        
        Illinois.........................      24,738,434      327       3,811,924       50      28,550,358      377
        Cincinnati.......................       4,495,981       75         301,817        5       4,797,798       80
        Cleveland........................       9,695,262      145       1,136,745       17      10,832,007      162
        Ohio.............................       2,868,471       48       1,323,740       22       4,192,211       70
        Michigan.........................      10,371,824      155         440,888        7      10,812,712      162
        Grand Rapids.....................       2,434,564       42       1,377,252       24       3,811,816       66
        Indiana..........................       6,138,991      101       1,976,141       33       8,115,132      134
        Wisconsin........................       7,274,458      109       3,079,631       46      10,354,089      155
        Minnesota........................       6,421,380       92       2,877,359       41       9,298,739      133
                                          --------------------------------------------------------------------------
          Total..........................      74,439,365     1094      16,325,497      245      90,764,862    1,339
    Southwest:                                                                                                      
        Texas/New Mexico.................       7,573,809      138       2,581,427       47      10,155,236      185
        Houston..........................       4,205,306       75         697,947       12       4,903,253       87
        Arkansas.........................       1,388,791       28       1,919,891       39       3,308,682       67
        Louisiana........................       4,161,193       78       1,071,620       20       5,232,813       98
        Oklahoma.........................       2,174,576       41       1,549,978       30       3,724,554       71
        San Antonio......................       3,199,914       61         703,077       13       3,902,991       74
                                          --------------------------------------------------------------------------
          Total..........................      22,703,589      421       8,523,940      161      31,227,529      582
    Great Plains:                                                                                                   
        Iowa.............................       1,652,893       30       2,273,979       41       3,926,872       71
        Kansas/Missouri..................       4,133,393       72       2,258,250       40       6,391,643      112
        Nebraska.........................       1,107,618       20         989,364       18       2,096,982       38
        St. Louis........................       4,389,497       67       1,794,411       27       6,183,908       94
                                          --------------------------------------------------------------------------
    [[Page 27614]]
                                                                                                                    
          Total..........................      11,283,401      189       7,316,004      126      18,599,405      315
    Rocky Mountains:                                                                                                
        Colorado.........................       6,163,362      101       3,484,774       61       9,648,136      162
                                          --------------------------------------------------------------------------
          Total..........................       6,163,362      101       3,484,774       61       9,648,136      162
    Pacific/Hawaii                                                                                                  
        Hawaii (Guam)....................       2,495,738       20         630,889        5       3,126,627       25
        Los Angeles......................      43,776,505      549         403,541        5      44,180,046      554
        Arizona..........................       3,791,028       70         467,419        9       4,258,447       79
        Sacramento.......................       5,126,114       66         760,865       10       5,886,979       76
        California.......................      23,207,260      293         975,372       13      24,182,632      306
                                          --------------------------------------------------------------------------
          Total..........................      78,396,645      998       3,238,086       42      81,634,731     1040
    Northwest/Alaska:                                                                                               
        Alaska...........................       2,438,199       20         610,537        5       3,048,736       25
        Oregon...........................       4,330,567       68       1,998,275       32       6,328,842      100
        Washington.......................       7,062,367       99       1,466,227       21       8,528,594      120
                                          --------------------------------------------------------------------------
          Total..........................      13,831,133      187       4,075,039       58      17,906,172      245
                                          ==========================================================================
          National Total.................     433,611,669     6163      76,906,718    1,246     510,518,387    7,409
    ----------------------------------------------------------------------------------------------------------------
    
    C. Eligibility
    
        Private, nonprofit organizations and nonprofit consumer 
    cooperatives are the only eligible applicants under this program. 
    Neither a public body nor an instrumentality of a public body is 
    eligible to participate in the program. No organization shall 
    participate as Sponsor or Co-sponsor in the filing of application(s) 
    for a capital advance in a single geographical region in this fiscal 
    year in excess of that necessary to finance the construction, 
    rehabilitation, or acquisition (acquisition permitted only with RTC 
    properties) of 300 units of housing and related facilities for the 
    elderly. This limit shall apply to organizations that participate as 
    Co-sponsors regardless of whether the Co-sponsors are affiliated or 
    nonaffiliated entities. In addition, the national limit for any one 
    applicant is 10 percent of the total units allocated in all HUD 
    Offices. Affiliated entities that submit separate applications shall be 
    deemed to be a single entity for the purposes of these limits. No 
    single application may propose more than the number of units allocated 
    to a HUD Office or 125 units, whichever is less. Reservations for 
    projects will not be approved for less than 5 units.
    
    D. Initial Screening, Technical Processing, and Selection Criteria
    
    1. Initial Screening
        HUD will review applications for Section 202 capital advances that 
    are received by HUD at the appropriate address by 4 p.m. local time on 
    July 24, 1995, to determine if all parts of the application are 
    included. HUD will not review the content of the application as part of 
    initial screening. HUD will send deficiency letters, by certified mail, 
    informing Sponsors of any missing parts of the application. Sponsors 
    must correct such deficiencies within 14 calendar days from the date of 
    the deficiency letter. Any document requested as a result of the 
    initial screening may be executed or prepared within the deficiency 
    period, except for Forms HUD-92015-CAs, Articles of Incorporation, IRS 
    exemption rulings, Forms SF-424, Board Resolution committing the 
    minimum capital investment, and site control documents (all of these 
    excepted items must be dated no later than the application deadline 
    date).
    
        Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE 
    CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN AFTER THE 
    APPLICATION DEADLINE DATE BUT NO LATER THAN AUGUST 25, 1995. If this 
    is the only deficiency discovered during initial screening, affected 
    Sponsors will not receive a deficiency letter.
    2. Technical Processing
        All applications will be placed in technical processing upon 
    receipt of the response to the deficiency letter or at the end of the 
    14-day period. These applications will undergo a complete analysis. If 
    a reviewer finds that clarification is needed to complete the review, 
    or an exhibit is missing that was not requested after initial 
    screening, the reviewer shall immediately advise the Multifamily 
    Housing Representative, who will: (a) Request, by telephone, that the 
    Sponsor submit the information within five (5) working days; and (b) 
    follow up by certified letter. Communications must be attached to the 
    technical review and findings memorandum. As part of this analysis, HUD 
    will conduct its environmental review in accordance with 24 CFR part 
    50.
        Examples of reasons for technical processing rejection include an 
    ineligible Sponsor, ineligible population to be served, lack of legal 
    capacity, lack of site control, and unacceptable site based upon a site 
    visit. The Secretary will not reject an application based on technical 
    processing without giving notice of that rejection with all rejection 
    reasons, and affording the applicant an opportunity to appeal. HUD will 
    afford an applicant 14 calendar days from the date of HUD's written 
    notice to appeal a technical rejection to the HUD Office. The HUD 
    Office must respond within five working days to the Sponsor. The HUD 
    Office shall make a determination on an appeal prior to making its 
    selection recommendations. All applications will be either rated or 
    technically rejected at the end of technical processing.
        Technical processing will also assure that the Sponsor has complied 
    with the [[Page 27615]] requirements in the civil rights certification 
    (24 CFR 890.265(b)(9)(i)). There must not have been an adjudication of 
    a civil rights violation in a civil action brought against the Sponsor 
    by a private individual, unless the Sponsor is operating in compliance 
    with a court order, or implementing a HUD-approved compliance agreement 
    designed to correct the areas of noncompliance. There must be no 
    pending civil rights suits against the Sponsor instituted by the 
    Department of Justice, and no pending administrative actions for civil 
    rights violations instituted by HUD (including a charge of 
    discrimination under the Fair Housing Act). There must be no 
    outstanding findings of noncompliance with civil rights statutes, 
    Executive Orders, or regulations, as a result of formal administrative 
    proceedings, nor any charges issued by the Secretary against the 
    Sponsor under the Fair Housing Act, unless the Sponsor is operating 
    under a conciliation or compliance agreement designed to correct the 
    areas of noncompliance. Moreover, there must not be a deferral of the 
    processing of applications from the Sponsor imposed by HUD under Title 
    VI of the Civil Rights Act of 1964, HUD's implementing regulations (24 
    CFR 1.8), procedures (HUD Handbook 8040.1), and the Attorney General's 
    Guidelines (28 CFR 50.3); or under section 504 of the Rehabilitation 
    Act of 1973 and HUD's implementing regulations (24 CFR 8.57), and the 
    Americans with Disabilities Act.
        Upon completion of technical processing, all acceptable 
    applications will be rated according to the selection criteria in 
    Sec. 889.300(d) (also below in section I.D.3. of this NOFA). 
    Applications, submitted in response to the advertised allocation 
    (metropolitan and/or nonmetropolitan), which have a total score of 50 
    points or more will be eligible for selection and will be placed in 
    rank order. These applications will be selected based on rank order, to 
    and including the last application that can be funded out of the local 
    HUD Office's allocation. Local HUD Offices will no longer skip over any 
    applications in order to select one based on the funds remaining. HUD 
    Offices that have an allocation for only one area (metropolitan or 
    nonmetropolitan, due to limited allocations) may fund applications in 
    rank order from other areas in that Office that did not receive an 
    allocation. These selections would be made only after funding all 
    applications eligible in the advertised allocation area, and only for 
    any remaining funds. Funds remaining after these two processes are 
    completed will be returned to Headquarters for selecting applications 
    on a national rank order.
    3. Selection Criteria
        Applications for Section 202 capital advances that successfully 
    complete technical processing will be rated using the following 
    selection criteria:
        (a) The Sponsor's ability to develop and operate the proposed 
    housing on a long-term basis, considering the following (60 points 
    maximum--55 base points plus 5 bonus points):
        (1) The scope, extent, and quality of the Sponsor's experience in 
    providing housing or related services to those proposed to be served by 
    the project, and the scope of the proposed project (i.e., number of 
    units, services, relocation costs, development, and operation) in 
    relationship to the Sponsor's demonstrated development and management 
    capacity. (30 points);
        (2) The scope, extent, and quality of the Sponsor's experience in 
    providing housing or related services to minority persons or families 
    (8 points);
        (3) The scope, extent, and quality of the Sponsor's experience in 
    providing opportunities for minority- and women-owned business 
    enterprises participation (5 points); and
        (4) The extent of local community support for the project and for 
    the Sponsor's activities, including previous experience in serving the 
    area where the project is to be located, and Sponsor's demonstrated 
    ability to enlist volunteers and raise local funds (12 points);
        (5) The Sponsor's involvement of elderly persons, including 
    minority elderly persons, in the development of the application and its 
    intent to involve elderly persons, including minority elderly persons, 
    in the development of the project (5 bonus points);
        (b) The need for supportive housing for the elderly in the area to 
    be served and the suitability of the site, considering (25 points 
    maximum):
        (1) The extent of the need for the project in the area based on a 
    determination by the HUD Office. HUD will make this determination by 
    considering the Sponsor's evidence of need in the area based on the 
    guidelines in Sec. 889.270(b)(17), as well as other economic, 
    demographic, and housing market data available to the HUD Office. The 
    data could include the availability of existing Federally assisted 
    housing (HUD and ARHEDS) (e.g., considering availability and vacancy 
    rates of public housing) for the elderly and current occupancy in such 
    facilities, Federally assisted housing for the elderly under 
    construction or for which fund reservations have been issued, and in 
    accordance with an agreement between HUD and the ARHEDS, comments from 
    the ARHEDS on the demand for additional assisted housing and the 
    possible harm to existing projects in the same housing market area (8 
    points).
        (2) The proximity or accessibility of the site to shopping, medical 
    facilities, transportation, places of worship, recreational facilities, 
    places of employment, and other necessary services to the intended 
    occupants; adequacy of utilities and streets; freedom of the site from 
    adverse environmental conditions; compliance with site and neighborhood 
    standards (10 points); and
        (3) Suitability of the site from the standpoint of promoting a 
    greater choice of housing opportunities for minority elderly persons/
    families (7 points).
        (c) Adequacy of the provision of supportive services and of the 
    proposed facility, considering (20 points maximum):
        (1) The extent to which the proposed design will meet the special 
    physical needs of elderly persons (3 points);
        (2) The extent to which the proposed size and unit mix of the 
    housing will enable the Sponsor to manage and operate the housing 
    efficiently and ensure that the provision of supportive services will 
    be accomplished in an economical fashion (4 points);
        (3) The extent to which the proposed design of the housing will 
    accommodate the provision of supportive services that are expected to 
    be needed, initially and over the useful life of the housing, by the 
    category or categories of elderly persons the housing is intended to 
    serve (3 points);
        (4) The extent to which the proposed supportive services meet the 
    identified needs of the residents (5 points); and
        (5) The extent to which the Sponsor demonstrated that the 
    identified supportive services will be provided on a consistent, long-
    term basis (5 points); and
        (d) The project will be located within the boundaries of a 
    Federally-designated Empowerment Zone, Urban Supplemental Empowerment 
    Zone, Enterprise Community, or Urban Enhanced Enterprise Community (5 
    bonus points). The maximum number of points an application can earn 
    without bonus points is 100. An application can earn an additional 
    bonus points for a maximum total of 125 points.
    II. Application Process
    
        All applications for Section 202 capital advances submitted by 
    eligible Sponsors must be filed with the appropriate HUD Office 
    receiving an allocation and must meet the [[Page 27616]] requirements 
    of this NOFA. No application will be accepted after 4 p.m. local time 
    on July 24, 1995, unless that date and time is extended by a Notice 
    published in the Federal Register. Applications received after that 
    date and time will not be accepted, even if postmarked by the deadline 
    date. Applications submitted by facsimile are not acceptable.
        Immediately upon publication of this NOFA, if names have not 
    already been provided to the Multifamily Housing Clearinghouse, HUD 
    Offices shall notify elderly and minority media, all persons and 
    organizations on their mailing lists, minority and other organizations 
    within their jurisdiction involved in housing and community 
    development, and groups with special interest in housing for elderly 
    households.
        Organizations interested in applying for a section 202 capital 
    advance should contact the Multifamily Housing Clearinghouse at 1-800-
    685-8470 for a copy of the application package, and advise the HUD 
    Office whether they wish to attend the workshop described below. HUD 
    encourages minority organizations to participate in this program as 
    Sponsors. HUD Offices will advise all organizations on their mailing 
    list of the date, time, and place of workshops at which HUD will 
    explain the Section 202 program.
        HUD strongly recommends that prospective applicants attend the 
    local HUD Office workshop. Interested persons with disabilities should 
    contact the HUD Office to assure that any necessary arrangements can be 
    made to enable their attendance and participation in the workshop. 
    While strongly urged to do so, if Sponsors cannot attend a workshop, 
    they can obtain Application Packages from the Multifamily Housing 
    Clearinghouse (see address and telephone number in the ``Application 
    Package'' section of this NOFA, above). Contact the appropriate HUD 
    Office with any questions regarding the submission of applications.
        At the workshops, HUD will explain application procedures and 
    requirements. HUD will also address concerns such as local market 
    conditions, building codes, historic preservation, floodplain 
    management, displacement and relocation, zoning, and housing costs.
    
    III. Application Submission Requirements
    
    A. Application
    
        Each application shall include all of the information, materials, 
    forms, and exhibits listed in section III.B., below (with the exception 
    of applications submitted by Sponsors selected for a Section 202 fund 
    reservation within the last three funding cycles), and must be indexed 
    and tabbed. Previously selected Section 202 Sponsors are not required 
    to submit the information described in B.2.(a), (b), and (c), below 
    (Exhibits 2.a., b., and c. of the application), which are the articles 
    of incorporation, (or other organizational documents), by-laws, and the 
    IRS tax exemption, respectively. If there has been a change in any of 
    the eligibility documents since its previous HUD approval, the Sponsor 
    must submit the updated information in its application. The local HUD 
    Office will base its determination of the eligibility of a new Sponsor 
    for a reservation of Section 202 capital advance funds on the 
    information provided in the application. HUD Offices will verify a 
    Sponsor's indication of previous HUD approval by checking the project 
    number and approval status with the appropriate HUD Office.
        In addition to this relief of paperwork burden in preparing 
    applications, applicants will be able to use information and exhibits 
    previously prepared for prior applications under Section 202, Section 
    811, or other funding programs. Examples of exhibits that may be 
    readily adapted or amended to decrease the burden of application 
    preparation include, among others, those on previous participation in 
    the Section 202 or Section 811 programs, applicant experience in 
    provision of housing and services, supportive services plan, community 
    ties, and experience serving minorities.
    
    B. General Application Requirements
    
        1. Form HUD-92015-CA, Application for Section 202 Supportive 
    Housing Capital Advance.
        2. Evidence of each Sponsor's legal status as a private, nonprofit 
    organization or nonprofit consumer cooperative, including the 
    following:
        (a) Articles of Incorporation, constitution, or other 
    organizational documents;
        (b) By-laws;
        (c) IRS tax exemption ruling (this must be submitted by all 
    Sponsors, including churches). A consumer cooperative that is tax 
    exempt under State law, has never been liable for payment of Federal 
    income taxes, and does not pay patronage dividends may be exempt from 
    the requirement set out in the previous sentence if it is not eligible 
    for tax exemption. Under previous funding rounds, the above provision 
    was also true for nonprofit organizations organized in Puerto Rico and 
    Guam. HUD has now learned that nonprofits in Puerto Rico and Guam may 
    apply and be granted IRS section 501(c)(3) tax exemption rulings. 
    Therefore, to the extent permitted within the application period for 
    this NOFA, Sponsors should pursue a tax exemption ruling under 
    501(c)(3). If a Sponsor is unable, after using its best efforts, to 
    secure such a ruling, it may use the regulatory exemption described in 
    this paragraph (c), above.
    
        Note: SPONSORS WHO HAVE RECEIVED A SECTION 202 FUND RESERVATION 
    WITHIN THE LAST THREE FUNDING CYCLES ARE NOT REQUIRED TO SUBMIT THE 
    DOCUMENTS DESCRIBED IN (a), (b), and (c), ABOVE. INSTEAD, SPONSORS 
    MUST SUBMIT THE PROJECT NUMBER OF THE LATEST APPLICATION AND THE HUD 
    OFFICE TO WHICH IT WAS SUBMITTED. IF THERE HAVE BEEN ANY 
    MODIFICATIONS OR ADDITIONS TO THE SUBJECT DOCUMENTS, INDICATE SUCH, 
    AND SUBMIT THE NEW MATERIAL.
    
        (d) Resolution of the board, duly certified by an officer, that no 
    officer or director of the Sponsor or Owner has or will have any 
    financial interest in any contract with the Owner or in any firm or 
    corporation that has or will have a contract with the Owner and that 
    includes a current listing of all duly qualified and sitting officers 
    and directors by title, and the beginning and ending date of each 
    person's term.
        3. Sponsor's purpose, community ties, and experience, including the 
    following:
        (a) A description of Sponsor's purposes and activities, ties to the 
    community, and minority support, and how long the Sponsor has been in 
    existence (include any additional related information);
        (b) A description of Sponsor's housing and/or supportive services 
    experience. The description should include any rental housing projects 
    and/or medical facilities, sponsored, owned, and operated by the 
    Sponsor, the Sponsor's past or current involvement in any programs 
    other than housing that demonstrates the Sponsor's management 
    capabilities and experience, and the Sponsor's experience in serving 
    the elderly and/or families and minorities;
        (c) A description of Sponsor's experience in contracting with 
    minority- and women-owned businesses including a summary of the total 
    amount awarded in each of the two categories for the preceding three 
    years, and the percentage that amount represents of all contracts 
    awarded by the Sponsor in the relevant time period;
        (d) A certified Board Resolution, acknowledging responsibilities of 
    sponsorship, long-term support of the project(s), willingness of 
    Sponsor to [[Page 27617]] assist the Owner to develop, own, manage, and 
    provide appropriate services in connection with the proposed project, 
    and that it reflects the will of its membership. Also, evidence, in the 
    form of a certified Board Resolution, of the Sponsor's willingness to 
    fund the estimated start-up expenses, the Minimum Capital Investment 
    (one-half of one percent of the HUD-approved capital advance, not to 
    exceed $10,000, if nonaffiliated with a National Sponsor; one-half of 
    one percent of the HUD-approved capital advance, not to exceed $25,000, 
    for all other Sponsors; see Sec. 889.250), and the estimated cost of 
    any amenities or features (and operating costs related thereto) that 
    would not be covered by the approved capital advance.
        (e) Description, if applicable, of the Sponsor's efforts to involve 
    elderly persons, including minority elderly persons, in the development 
    of the application, as well as its intent to involve elderly persons in 
    the development of the project.
        4. Project information, including the following:
        (a) Evidence of need for supportive housing. Such evidence would 
    include a description of the category or categories of elderly persons 
    the housing is intended to serve and evidence demonstrating sustained 
    effective demand for supportive housing for that population in the 
    market area to be served, taking into consideration the occupancy and 
    vacancy conditions in existing Federally assisted housing for the 
    elderly (HUD and ARHEDS; e.g., public housing); State or local data on 
    the limitations in activities of daily living among the elderly in the 
    area; aging in place in existing assisted rentals; trends in 
    demographic changes in elderly population and households; the numbers 
    of income eligible elderly households by size, tenure, and housing 
    condition, the types of supportive services arrangements currently 
    available in the area and the use of such services as evidenced by data 
    from local social service agencies or agencies on aging.
        (b) Description of the project, including the following:
        (1) Narrative description of the building design, including a 
    description of any special design features and community space, and how 
    this design will facilitate the delivery of services in an economical 
    fashion and accommodate the changing needs of the residents over the 
    next 10-20 years.
        (2) Describe whether and how the project will promote energy 
    efficiency, and, if applicable, innovative construction or 
    rehabilitation methods or technologies to be used that will promote 
    efficient construction.
        (c) Evidence of site control and permissive zoning.
        (1) Evidence that the Sponsor has entered into a legally binding 
    option agreement to buy or lease the proposed site; or has a copy of 
    the contract of sale for the site, a deed, long-term leasehold, a 
    request with all supporting documentation, submitted either prior to or 
    with the Application for Capital Advance, for a partial release of a 
    site covered by a mortgage under a HUD program, or other evidence of 
    legal ownership of the site (including properties to be acquired from 
    the Resolution Trust Corporation). The option agreement period must 
    extend through the end of the current fiscal year and contain a renewal 
    provision so that the option can be renewed for at least an additional 
    six months. The Sponsor must also identify any restrictive covenants, 
    including reverter clauses. In the case of a site to be acquired from a 
    public body, evidence that the public body possesses clear title to the 
    site, and has entered into a legally binding agreement to lease or 
    convey the site to the Sponsor after it receives and accepts a notice 
    of Section 202 capital advance and identification of any restrictive 
    covenants, including reverter clauses. However, in localities where HUD 
    determines the time constraints of the funding round will not permit 
    all of the required official actions (e.g., approval of Community 
    Planning Boards) that are necessary to convey publicly-owned sites, a 
    letter in the application from the mayor or director of the appropriate 
    local agency indicating approval of conveyance of the site contingent 
    upon the necessary approval action is acceptable and may be approved by 
    the HUD Office if it has satisfactory experience with timely conveyance 
    of sites from that public body. In such cases, documentation shall also 
    include a copy of the public body's evidence of ownership and 
    identification of any restrictive covenants, including reverter 
    clauses. For properties to be acquired from the RTC, include a copy of 
    the RTC prepared Transaction Screen Checklist or Phase I Environmental 
    Site Assessment, and applicable documentation, per the RTC 
    Environmental Guidelines.
    
        Note: A PROPOSED PROJECT SITE MAY NOT BE ACQUIRED OR OPTIONED 
    FROM A GENERAL CONTRACTOR (OR ITS AFFILIATE) THAT WILL CONSTRUCT THE 
    SECTION 202 PROJECT OR FROM ANY OTHER DEVELOPMENT TEAM MEMBER.
    
        (2) Evidence that the project as proposed is permissible under 
    applicable zoning ordinances or regulations, or a statement of the 
    proposed action required to make the proposed project permissible and 
    the basis for belief that the proposed action will be completed 
    successfully before the submission of the commitment application (e.g., 
    a summary of the results of any recent requests for rezoning on land in 
    similar zoning classifications and the time required for such rezoning, 
    preliminary indications of acceptability from zoning bodies, etc.).
        (3) Narrative description of site and area surrounding the site, 
    characteristics of neighborhood, how the site will promote greater 
    housing opportunities for minorities, and any other information that 
    affects the suitability of the site for the elderly.
        (4) A map showing the location of the site and the racial 
    composition of the neighborhood, with the area of racial concentration 
    delineated.
        (5) A Transaction Screen Process, in accordance with the American 
    Society for Testing and Material (ASTM) Standards E 1528-93 and E 1527-
    93, as amended. If the completion of the Transaction Screen 
    Questionnaire results in either a ``yes'' or ``unknown'' response, 
    further study is required, and the Sponsor must complete a Phase I 
    Environmental Site Assessment in accordance with the ASTM and submit it 
    with the application. If the Phase I study indicates the possible 
    presence of contamination and/or hazards, further study must be 
    undertaken. At this point, the Sponsor must decide whether to continue 
    with this site or choose another site. Should the Sponsor choose 
    another site, the same environmental site assessment procedure 
    identified above must be followed for that site. Since all Transaction 
    Screen processes and Phase I studies must be completed and submitted 
    with the application, it is important that the Sponsor start the site 
    assessment process as soon after the publication of this NOFA as 
    possible.
        If the Sponsor chooses to continue with the original site, then it 
    must undertake a detailed Phase II Environmental Site Assessment by an 
    appropriate professional.
    
        Note: THIS COULD BE AN EXPENSIVE UNDERTAKING. THE COST OF THE 
    STUDY WILL BE BORNE BY THE SPONSOR IF THE APPLICATION IS NOT 
    SELECTED.
    
        If the Phase II Assessment reveals site contamination the extent of 
    the contamination, and a plan for clean-up of the site must be 
    submitted to the local HUD Office. The plan for clean-up must 
    [[Page 27618]] include a contract for remediation of the problem(s) and 
    an approval letter from the applicable Federal, State, and/or local 
    agency with jurisdiction over the site. In order for the application to 
    be considered for review under this FY 1995 funding, this information 
    would have to be submitted to the local HUD Office no later than August 
    16, 1995.
        (d) Provision of supportive services and proposed facility.
        (1) A detailed description of the supportive services proposed to 
    be provided to the anticipated occupancy.
        (2) Form HUD 92013E, Supplemental Application Processing Form--
    Housing for the Elderly. Identify all supportive services, if any, to 
    be provided to the persons occupying such housing.
        (3) A description of public or private sources of assistance that 
    reasonably could be expected to fund the proposed services.
        (4) The manner in which such services will be provided to such 
    persons (i.e., on or off-site), including whether a service coordinator 
    will facilitate the adequate provision of such services, and how the 
    services will meet the identified needs of the residents.
        5. A list of the applications, if any, the Sponsor has submitted or 
    is planning to submit to any other HUD Office in response to this NOFA 
    or the NOFA for Supportive Housing for Persons with Disabilities 
    (published elsewhere in today's Federal Register). Indicate by HUD 
    Office, the proposed location by city and State, and the number of 
    units requested for each application. Include a list of all FY 1994 and 
    prior year projects to which the Sponsor(s) is a party, identified by 
    project number and HUD Office, which have not been finally closed.
        6. HUD-2880, Applicant/Recipient Disclosure/Update Report, 
    including Social Security Numbers and Employee Identification Numbers.
        7. E.O. 12372. A certification that the Sponsor has submitted a 
    copy of its applications, if required, to the State agency (single 
    point of contact) for State review in accordance with Executive Order 
    12372.
        8. A statement that (a) identifies all persons (families, 
    individuals, businesses, and nonprofit organizations), identified by 
    race/minority group, and status as owners or tenants, occupying the 
    property on the date of submission of the application for a capital 
    advance; (b) indicates the estimated cost of relocation payments and 
    other services; and (c) identifies the staff organization that will 
    carry out the relocation activities.
    
        Note: IF ANY OF THE RELOCATION COSTS WILL BE FUNDED FROM SOURCES 
    OTHER THAN THE SECTION 202 CAPITAL ADVANCE, THE SPONSOR MUST PROVIDE 
    EVIDENCE OF A FIRM COMMITMENT OF THESE FUNDS. WHEN EVALUATING 
    APPLICATIONS, HUD WILL CONSIDER THE TOTAL COST OF PROPOSALS (I.E., 
    COST OF SITE ACQUISITION, RELOCATION, CONSTRUCTION AND OTHER PROJECT 
    COSTS).
    
        9. SF-424. A certification on SF-424, Application for Federal 
    Assistance, that the Sponsor(s) is not delinquent on the repayment of 
    any Federal debt.
        10. Disclosure of Lobbying Activities. If the amount applied for is 
    greater than $100,000, the certification with regard to lobbying 
    required by 24 CFR part 87 must be included. If the amount applied for 
    is greater than $100,000, and the applicant has made or has agreed to 
    make any payment using nonappropriated funds for lobbying activity, as 
    described in 24 CFR part 87, the submission must also include SF-LLL, 
    Disclosure of Lobbying Activities. The applicant determines if the 
    submission of the SF-LLL form is applicable.
        11. Sponsor Certifications.
        (a) A certification of the Sponsor(s)' intent to comply with 
    section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the 
    implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 
    U.S.C. 3600-3619) and the implementing regulations at 24 CFR Parts 100, 
    108, 109, and 110; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
    2000d) and the implementing regulations at 24 CFR Part 1; section 3 of 
    the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the 
    implementing regulations at 24 CFR Part 135; the Age Discrimination Act 
    of 1975 (42 U.S.C. 6101-6107) and the implementing regulations at 24 
    CFR Part 146; Executive Order 11246 (as amended) and the implementing 
    regulations at 41 CFR Chapter 60; the regulations implementing 
    Executive Order 11063 (Equal Opportunity in Housing) at 24 CFR Part 
    107; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) to 
    the extent applicable; the affirmative fair housing marketing 
    requirements of 24 CFR part 200, subpart M and the implementing 
    regulations at 24 CFR part 108; and other applicable Federal, State, 
    and local laws prohibiting discrimination and promoting equal 
    opportunity.
        (b) A certification that the Sponsor(s) will comply with the 
    requirements of the Drug-Free Workplace Act.
        (c) A certification that the project will comply with HUD's design 
    and cost standards; the Uniform Federal Accessibility Standards and 
    HUD's implementing regulations at 24 CFR part 40; Section 504 of the 
    Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR 
    part 8; and for covered multifamily dwellings designed and constructed 
    for first occupancy after March 13, 1991, the design and construction 
    requirements of the Fair Housing Act and HUD's implementing regulations 
    at 24 CFR part 100; and the Americans with Disabilities Act of 1990.
        (d) A certification by the Sponsor(s) that it will comply (or has 
    complied) with the acquisition and relocation requirements of the 
    Uniform Relocation Assistance and Real Property Acquisition Policies 
    Act of 1970, as amended (URA), implemented by regulations at 49 CFR 
    part 24, and 24 CFR 889.265(e).
        (e) A certification by the Sponsor(s) that it will form an Owner 
    (as defined in 24 CFR 889.105) after the issuance of the capital 
    advance, will cause the Owner to file a request for determination of 
    eligibility and a request for capital advance under Sec. 889.300, and 
    will provide sufficient resources to the Owner to insure the 
    development and long-term operation of the project, including 
    capitalizing the Owner at conditional commitment processing in an 
    amount sufficient to meet its obligations in connection with the 
    project.
        (f) Certification of Consistency with the Consolidated Plan (Plan) 
    for the jurisdiction in which the proposed project will be located must 
    be submitted by the Sponsor (see NOTE below if the jurisdiction does 
    not have an approved Plan). The certification must be made by the unit 
    of general local government if it is required to have, or has, a 
    complete Plan. Otherwise the certification may be made by the State, or 
    if the project will be located in a unit of general local government 
    authorized to use an abbreviated strategy, by the unit of general local 
    government if it is willing to prepare such a Plan.
        All certifications must be made by the public official responsible 
    for submitting the Plan to HUD. The certifications must be submitted as 
    part of the application by the application submission deadline set 
    forth in this NOFA, except as provided in the next paragraph. The Plan 
    regulations are published in 24 CFR part 91.
    
        Notes: (1) If the jurisdiction's plan program year has not yet 
    started, the jurisdiction may certify consistency with their FY 1994 
    CHAS in lieu of the plan. A notice published in the February 6, 1995 
    Federal Register (60 FR 6967) established that a jurisdiction's 
    previously approved CHAS will remain in effect until the start date 
    of the jurisdiction's new consolidated program year, at which 
    [[Page 27619]] point the jurisdiction's new plan would take effect. 
    The notice also allows jurisdictions to use their annual plan for FY 
    1994 as extended by the February 6, 1995 Federal Register notice for 
    the purpose of certifications of consistency.
        (2) Sponsors of projects in Oklahoma may submit the 
    certification of consistency with the consolidated plan after the 
    application deadline date but no later than August 25, 1995.
    
    IV. Other Matters
    
    A. Environmental Impact
    
        A Finding of No Significant Impact with respect to the environment 
    has been made in accordance with HUD regulations that implement section 
    102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
    4332). The Finding of No Significant Impact 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.
    
    B. Federalism Executive Order
    
        The General Counsel, as the Designated Official under section 6(a) 
    of Executive Order 12612, Federalism, has determined that this NOFA 
    does not have substantial direct effects on States or their political 
    subdivisions, or on the relationship between the Federal government and 
    the States, or on the distribution of power and responsibilities among 
    the various levels of government. This NOFA merely notifies the public 
    of the availability of capital advances and project rental assistance 
    for supportive housing for the elderly.
    
    C. Family Executive Order
    
        The General Counsel, as the Designated Official under Executive 
    Order 12606, the Family, has determined that this NOFA does not have 
    the potential for significant impact on family formation, maintenance, 
    or general well-being. This NOFA may have a positive though indirect 
    effect on families, to the extent that families will benefit from the 
    provision of supportive housing for elderly persons. Since any effect 
    on families is beneficial, this NOFA is not subject to review under the 
    Order.
    
    D. Accountability in the Provision of HUD Assistance
    
        HUD has promulgated a final rule to implement section 102 of the 
    Department of Housing and Urban Development Reform Act of 1989 (HUD 
    Reform Act). The final rule is codified at 24 CFR part 12. Section 102 
    contains a number of provisions that are designed to ensure greater 
    accountability and integrity in the provision of certain types of 
    assistance administered by HUD. On January 14, 1992, HUD published in 
    the Federal Register (57 FR 1942) additional information that gave the 
    public (including applicants for and recipients of HUD assistance) 
    further information on the implementation, public access, and 
    disclosure requirements of section 102. The documentation, public 
    access, and disclosure requirements of section 102 are applicable to 
    assistance awarded under this NOFA as follows:
    1. Documentation and Public Access
        HUD will ensure 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. (See 24 CFR 12.14(a) and 12.16(b), and the notice 
    published in the Federal Register on January 16, 1992 (57 FR 1942), for 
    further information on these requirements.)
    2. Disclosures
        HUD will make available to the public for five years all applicant 
    disclosure reports (HUD Form 2880) submitted in connection with this 
    NOFA. Update reports (also Form 2880) will be made available along with 
    the applicant disclosure reports, but in no case for a period less than 
    three years. All reports--both applicant disclosures and updates--will 
    be made available in accordance with the Freedom of Information Act (5 
    U.S.C. 552) and HUD's implementing regulations at 24 CFR part 15. (See 
    24 CFR subpart C, and the notice published in the Federal Register on 
    January 16, 1992 (57 FR 1942), for further information on these 
    disclosure requirements.)
    
    E. Documentation and Public Access Requirements: HUD Reform Act
    
        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. (See CFR 12.14(a) and 12.16(b), and the notice 
    published in the Federal Register on January 16, 1992 (57 FR 1942), for 
    further information on these requirements.)
    
    F. Section 103
    
        HUD's regulation implementing section 103 of the Department of 
    Housing and Urban Development Reform Act of 1989 was published May 13, 
    1991 (56 FR 22088) and became effective on June 12, 1991. That 
    regulation, codified as 24 CFR part 4, applies to the funding 
    competition announced today. The requirements of the rule continue to 
    apply until the announcement of the selection of successful applicants.
        HUD employees involved in the review of applications and in the 
    making of funding decisions are restrained by part 4 from providing 
    advance information to any person (other than 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 24 CFR part 4.
        Applicants who have questions should contact the HUD Office of 
    Ethics (202) 708-3815 (TDD/Voice). (This is not a toll-free number.) 
    The Office of Ethics can provide information of a general nature to HUD 
    employees, as well. However, a HUD employee who has specific program 
    questions, such as whether particular subject matter can be discussed 
    with persons outside HUD, should contact his or her HUD Office Counsel, 
    or Headquarters counsel for the program to which the question pertains.
    
    G. Lobbying
    
        Section 13 of the Department of Housing and Urban Development Act 
    (42 U.S.C. 3537b) contains two provisions dealing with efforts to 
    influence HUD's decisions with respect to financial assistance. The 
    first imposes disclosure requirements on those who [[Page 27620]] are 
    typically involved in these efforts--those who pay others to influence 
    the award of assistance or the taking of a management action by HUD and 
    those who are paid to provide the influence. The second restricts the 
    payment of fees to those who are paid to influence the award of HUD 
    assistance, if the fees are tied to the number of housing units 
    received or are based on the amount of assistance received, or if they 
    are contingent upon the receipt of assistance.
        Section 13 was implemented by final rule published in the Federal 
    Register on May 17, 1991 (56 FR 22912). If readers are involved in any 
    efforts to influence HUD in these ways, they are urged to read the 
    final rule, particularly the examples contained in Appendix A of the 
    rule.
        Any questions regarding the rule should be directed to the 
    Director, Office of Ethics, Room 2158, Department of Housing and Urban 
    Development, 451 Seventh Street, SW, Washington, DC 20410. Telephone: 
    (202) 708-3815 (TDD/Voice). (This is not a toll-free number.) Forms 
    necessary for compliance with the rule may be obtained from the local 
    HUD Office.
    
    H. Prohibition Against Lobbying Activities
    
        The use of funds awarded under this NOFA is subject to the 
    disclosure requirements and prohibitions of Section 319 of the 
    Department of Interior and Related Agencies Appropriations Act for 
    Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment) and the 
    implementing regulations at 24 CFR part 87. These authorities prohibit 
    recipients of Federal contracts, grants, or loans from using 
    appropriated funds for lobbying the executive or legislative branches 
    of the Federal Government in connection with a specific contract, 
    grant, or loan. The prohibition also covers the awarding of contracts, 
    grants, cooperative agreements, or loans unless the recipient has made 
    an acceptable certification regarding lobbying. Under 24 CFR part 87, 
    applicants, recipients, and subrecipients of assistance exceeding 
    $100,000 must certify that no Federal funds have been or will be spent 
    on lobbying activities in connection with the assistance.
    
    I. Catalog of Federal Domestic Assistance Program
    
        The Catalog of Federal Domestic Assistance Program title and number 
    is 14.181, Housing for the Elderly or Handicapped.
    
        Authority: Section 202, Housing Act of 1959, as amended (12 
    U.S.C. 1701q), Section 7(d), Department of Housing and Urban 
    Development Act (42 U.S.C. 3535(d)).
    
        Dated: April 26, 1995.
    Nicolas P. Retsinas,
    Assistant Secretary for Housing, Federal Housing Commissioner.
    Appendix A--HUD Offices
    
        Note: The first line of the mailing address for all offices is 
    U.S. Department of Housing and Urban Development. Telephone numbers 
    listed are not toll-free.
    
    HUD--NEW ENGLAND AREA
    
    CONNECTICUT STATE OFFICE
    
    First Floor, 330 Main Street, Hartford, CT 06106-1860, (203) 240-
    4523
    
    MASSACHUSETTS STATE OFFICE
    
    Room 375, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway 
    Street, Boston, MA 02222-1092, (617) 565-5234
    
    NEW HAMPSHIRE STATE OFFICE
    
    Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH 
    03101-2487, (603) 666-7681
    
    RHODE ISLAND STATE OFFICE
    
    Sixth Floor, 10 Weybosset Street, Providence, RI 02903-2808, (401) 
    528-5351
    
    HUD--NEW YORK, NEW JERSEY AREA
    
    NEW JERSEY STATE OFFICE
    
    Thirteenth Floor, One Newark Center, Newark, NJ 07102-5260, (201) 
    622-7900
    
    NEW YORK STATE OFFICE
    
    26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500
    
    BUFFALO AREA OFFICE
    
    Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203-
    1780, (716) 846-5755
    
    HUD--MIDATLANTIC AREA
    
    DISTRICT OF COLUMBIA OFFICE
    
    820 First Street, NE., Washington, D.C. 20002-4502, (202) 275-9200
    
    MARYLAND STATE OFFICE
    
    Fifth Floor, City Crescent Building, 10 South Howard Street, 
    Baltimore, MD 21201-2505, (401) 962-2520
    
    PENNSYLVANIA STATE OFFICE
    
    Liberty Square Building, 105 South 7th Street, Philadelphia, PA 
    19106-3392, (215) 597-2560
    
    VIRGINIA STATE OFFICE
    
    The 3600 Centre, 3600 West Broad Street, P.O. Box 90331, Richmond, 
    VA 23230-0331, (804) 278-4507
    
    WEST VIRGINIA STATE OFFICE
    
    Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-
    7000
    
    PITTSBURGH AREA OFFICE
    
    412 Old Post Office Courthouse, 7th Avenue and Grant Street, 
    Pittsburgh, PA 15219-1906, (412) 644-6428
    
    HUD--SOUTHEAST/CARIBBEAN AREA
    
    ALABAMA STATE OFFICE
    
    Suite 300, Beacon Ridge Tower, 600 Beacon Parkway, West, Birmingham, 
    AL 35209-3144, (205) 290-7617
    
    CARIBBEAN OFFICE
    
    New San Juan Office Building, 159 Carlos Chardon Avenue, San Juan, 
    PR 00918-1804, (809) 766-6121
    
    GEORGIA STATE OFFICE
    
    Richard B. Russell Federal Building, 75 Spring Street, SW., Atlanta, 
    GA 30303-3388, (404) 331-5136
    
    KENTUCKY STATE OFFICE
    
    601 West Broadway, P.O. Box 1044, Louisville, KY 40201-1044, (502) 
    582-5251
    
    MISSISSIPPI STATE OFFICE
    
    Suite 910, Doctor A.H. McCoy Federal Building, 100 West Capitol 
    Street, Jackson, MS 39269-1016, (601) 965-5308
    
    NORTH CAROLINA STATE OFFICE
    
    Koger Building, 2306 West Meadowview Road, Greensboro, NC 27407-
    3707, (919) 547-4001
    
    SOUTH CAROLINA STATE OFFICE
    
    Strom Thurmond Federal Building, 1835 Assembly Street, Columbia, SC 
    29201-2480, (803) 765-5592
    
    TENNESSEE STATE OFFICE
    
    Suite 200, 251 Cumberland Bend Drive, Nashville, TN 37228-1803, 
    (615) 736-5213
    
    JACKSONVILLE AREA OFFICE
    
    Suite 2200, Southern Bell Tower, 301 West Bay Street, Jacksonville, 
    FL 32202-5121, (904) 232-2626
    
    KNOXVILLE AREA OFFICE
    
    Third Floor, John J. Duncan Federal Building, 710 Locust Street, 
    Knoxville, TN 37902-2526, (615) 545-4384
    
    HUD--MIDWEST AREA
    
    ILLINOIS STATE OFFICE
    
    Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard, 
    Chicago, IL 60604-3507, (312) 353-5680
    
    INDIANA STATE OFFICE
    
    151 North Delaware Street, Indianapolis, IN 46204-2526, (317) 226-
    6303
    
    MICHIGAN STATE OFFICE
    
    Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit, 
    MI 48226-2592, (313) 226-7900
    
    MINNESOTA STATE OFFICE
    
    220 Second Street, South, Minneapolis, MN 55401-2195, (612) 370-3000
    
    OHIO STATE OFFICE
    
    200 North High Street, Columbus, OH 43215-2499, (614) 469-5737
    
    WISCONSIN STATE OFFICE
    
    Suite 1380, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue, 
    Milwaukee, WI 53203-2289, (414) 297-3214
    CINCINNATI AREA OFFICE
    
    Room 9002, Federal Office Building, 550 Main Street, Cincinnati, OH 
    45202-3253, (513) 684-2884
    
    CLEVELAND AREA OFFICE
    
    Fifth Floor, Renaissance Building, 1350 Euclid Avenue, Cleveland, OH 
    44115-1815, (216) 522-4058 [[Page 27621]] 
    
    GRAND RAPIDS AREA OFFICE
    
    2922 Fuller Avenue, NE., Grand Rapids, MI 49505-3499, (616) 456-2100
    
    HUD--SOUTHWEST AREA
    
    ARKANSAS STATE OFFICE
    
    Suite 900, TCBY Tower, 425 West Capitol Avenue, Little Rock, AR 
    72201-3488, (501) 324-5931
    
    LOUISIANA STATE OFFICE
    
    Ninth Floor, Hale Boggs Federal Building, 501 Magazine Street, New 
    Orleans, LA 70130-3099, (504) 589-7200
    
    OKLAHOMA STATE OFFICE
    
    Suite 400, 500 West Main, Oklahoma City, OK 73102, (405) 231-4345
    
    TEXAS STATE OFFICE
    
    1600 Throckmorton Street, P.O. Box 2905, Fort Worth, TX 76113-2905, 
    (817) 885-5401
    
    HOUSTON AREA OFFICE
    
    Suite 200, Norfolk Tower, 2211 Norfolk, Houston, TX 77098-4096, 
    (713) 834-3274
    
    SAN ANTONIO AREA OFFICE
    
    Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563, 
    (210) 229-6800
    
    HUD--GREAT PLAINS
    
    IOWA STATE OFFICE
    
    Room 239, Federal Building, 210 Walnut Street, Des Moines, IA 50309-
    2155, (515) 284-4512
    
    KANSAS/MISSOURI STATE OFFICE
    
    Room 200, Gateway Tower II, 400 State Avenue, Kansas City, KS 66101-
    2406, (913) 551-5462
    
    NEBRASKA STATE OFFICE
    
    Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154-
    3955, (402) 492-3100
    
    SAINT LOUIS AREA FIELD OFFICE
    
    Third Floor, Robert A. Young Federal Building, 1222 Spruce Street, 
    St. Louis, MO 63103-2836, (314) 539-6583
    
    HUD--ROCKY MOUNTAINS AREA
    
    COLORADO STATE OFFICE
    
    633 17th Street, Denver, CO 80202-3607, (303) 672-5440
    
    HUD--PACIFIC/HAWAII AREA
    
    ARIZONA STATE OFFICE
    
    Suite 1600, Two Arizona Center, 400 North 5th Street, Phoenix, AZ 
    85004-2361, (602) 379-4434
    
    CALIFORNIA STATE OFFICE
    
    Philip Burton Federal Building and U.S. Courthouse, 450 Golden Gate 
    Avenue, P.O. Box 36003, San Francisco, CA 94102-3448, (415) 556-4752
    
    HAWAII STATE OFFICE
    
    Suite 500, 7 Waterfront Plaza, 500 Ala Moana Boulevard, Honolulu, HI 
    96813-4918, (808) 522-8175
    
    LOS ANGELES AREA OFFICE
    
    1615 West Olympic Boulevard, Los Angeles, CA 90015-3801, (213) 251-
    7122
    
    SACRAMENTO AREA OFFICE
    
    Suite 200, 777 12th Avenue, Sacramento, CA 95814-1997, (916) 551-
    1351
    
    HUD--NORTHWEST/ALASKA AREA
    
    ALASKA STATE OFFICE
    
    Suite 401, University Plaza Building, 949 East 36th Avenue, 
    Anchorage, AK 99508-4399, (907) 271-4170
    
    OREGON STATE OFFICE
    
    520 SW. 6th Avenue, Portland, OR 97204-1596, (503) 326-2561
    
    WASHINGTON STATE OFFICE
    
    Suite 200, Seattle Federal Office Building, 909 First Avenue, 
    Seattle, WA 98104-1000, (206) 220-5101
    
    [FR Doc. 95-12716 Filed 5-23-95; 8:45 am]
    BILLING CODE 4210-27-P