[Federal Register Volume 62, Number 101 (Tuesday, May 27, 1997)]
[Notices]
[Pages 28762-28774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13728]
[[Page 28761]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Supportive Housing for the Elderly; Funding Availability--FY 1997;
Notice
Federal Register / Vol. 62, No. 101 / Tuesday, May 27, 1997 /
Notices
[[Page 28762]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4202-N-01]
Notice of Funding Availability (NOFA) for Supportive Housing for
the Elderly
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Notice of funding availability (NOFA) for Fiscal Year (FY)
1997.
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SUMMARY: This NOFA announces HUD's funding for supportive housing for
the elderly. This NOFA 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 (the TTY number is 1-800-483-2209), from the
appropriate HUD office identified in Appendix B to this NOFA and also
appears under the HUD Homepage on the Internet which can be accessed
under ``Development'' at http://www.hud.gov/fha/fhamf.html. The
Application Package includes a checklist of exhibits and steps 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 28, 1997. 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. HUD will not accept facsimile
(fax), COD, and postage due applications.
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,
including TTY numbers is attached as Appendix B 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 B to this NOFA.
SUPPLEMENTARY INFORMATION:
I. Purpose and Substantive Description
A. Authority
The Supportive Housing for the Elderly program, or the Section 202
program, is authorized by section 202 of the Housing Act of 1959 (12
U.S.C. 1701q). Section 202 was amended by section 801 of the Cranston-
Gonzalez National Affordable Housing Act (NAHA) (Pub. L. 101-625;
approved November 28, 1990). 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), and by Public Law 104-19,
enacted on July 27, 1995. Under the Section 202 program, 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 891. This assistance may be used to finance the
construction or rehabilitation of a structure, or acquisition of a
structure from the Federal Deposit Insurance Corporation (formerly held
by the Resolution Trust Corporation) (FDIC/RTC), to be used as
supportive housing for the elderly in accordance with part 891.
Note that on March 22, 1996, HUD published a final rule (61 FR
11948) that consolidated the regulations for the Section 202 Program of
Supportive Housing for the Elderly and the Section 811 Program of
Supportive Housing for Persons with Disabilities in 24 CFR part 891.
For supportive housing for the elderly, the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1997 (Pub. L. 104-204; approved September 26, 1996)
(the Act) provides $645,000,000 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. In accordance with
the waiver authority provided in the Act, the Secretary is waiving the
following statutory and regulatory provision: The term of the project
rental assistance contract is reduced from 20 years to a minimum term
of 5 years and a maximum term which can be supported by funds
authorized by the Act. HUD anticipates that at the end of the contract
terms, renewals will be approved subject to the availability of funds.
In addition to this provision, HUD will reserve project rental
assistance contract funds based on 75 percent rather than on 100
percent of the current operating cost standards for approved units in
order to take into account the average tenant contribution toward rent.
In accordance with an agreement between HUD and the Rural Housing
Service (RHS) to coordinate the administration of the agencies'
respective rental assistance programs, HUD is required to notify RHS of
applications for housing assistance it receives. This notification
gives RHS 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 RHS
comments in its review and project selection process.
B. Promoting Comprehensive Approaches to Housing and Community
Development
HUD is interested in promoting comprehensive, coordinated
approaches to housing and community development. Economic development,
community development, public housing revitalization, homeownership,
assisted housing for special needs populations, supportive services,
and welfare-to-work initiatives can work better if linked at the local
level. Toward this end, HUD in recent years has developed the
Consolidated Planning process designed to help communities undertake
such approaches.
In this spirit, it may be helpful for applicants under this NOFA to
be aware of other related NOFAs that HUD has recently published or
expects to publish in the near future. By reviewing these NOFAs with
respect to their program purposes and the eligibility of applicants and
activities, applicants may be able to relate the activities proposed
for funding under this NOFA to the recent and upcoming NOFAs and to the
community's Consolidated Plan.
On April 8, 1997, HUD published in the Federal Register the NOFA
for Continuum of Care Assistance. On April 10, 1997, HUD published the
NOFA for
[[Page 28763]]
Rental Assistance for Persons with Disabilities in Support of
Designated Housing Allocation Plans, and the NOFA for Mainstream
Housing Opportunities for Persons with Disabilities. On April 18, 1997,
HUD published the NOFA for the Family Unification Program. On May 7,
1997, HUD published the NOFA for Housing Opportunities for Persons with
AIDS. Other NOFAs related to special population programs include the
NOFA for the Section 811 Program of Supportive Housing for Persons with
Disabilities, which is published elsewhere in today's Federal Register,
and the NOFA for Service Coordinator Funds which HUD expects to publish
within the next few weeks.
To foster comprehensive, coordinated approaches by communities, HUD
intends for the remainder of FY 1997 to continue to alert applicants to
upcoming and recent NOFAs as each NOFA is published. In addition, a
complete schedule of NOFAs to be published during the fiscal year and
those already published appears under the HUD Homepage on the Internet,
which can be accessed at http://www.hud.gov/nofas.html. HUD may
consider additional steps on NOFA coordination for FY 1998.
For help in obtaining a copy of your community's Consolidated Plan,
please contact the community development office of your municipal
government.
C. 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
based upon 75 percent of the current operating cost standards to
support the units selected for capital advances sufficient for minimum
5-year project rental assistance contracts.
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 based on data from the
1990 Census.
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.
The capital advance amount available to the Wisconsin State HUD
Office, as stated below in this NOFA, may be reduced or eliminated due
to ongoing legal proceedings between HUD and the City of Milwaukee. 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.
As a result of a rating error in the Massachusetts State Office,
the application of the Rural Housing Improvements was not selected and
funded under the Fiscal Year 1996 Supportive Housing for the Elderly
Program. Since this was a HUD error, that application will be funded
from the Fiscal Year 1997 allocation to the Massachusetts State Office.
Based on the allocation formula, HUD has allocated the available
capital advance funds as shown on the following chart:
Fiscal Year 1997 Allocations for Supportive Housing for the Elderly--Fiscal Year 1997 Section 202 Allocations
----------------------------------------------------------------------------------------------------------------
Metropolitan capital Nonmetropolitan Totals Capital
advance capital advance advance
Offices -----------------------------------------------------------------------
Authority Units Authority Units Authority Units
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New England:
Massachusetts *..................... $13,224,738 163 $1,452,400 18 $14,677,138 181
Connecticut......................... 5,330,691 66 2,028,960 25 7,359,651 91
New Hampshire....................... 2,901,442 45 2,113,447 32 5,014,889 77
Rhode Island........................ 4,535,046 56 0 0 4,535,046 56
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Total............................. 25,991,917 330 5,594,807 75 31,586,724 405
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New York/New Jersey:
New York............................ 38,524,740 475 723,054 9 39,247,794 484
Buffalo............................. 9,966,925 132 1,911,935 25 11,878,860 157
New Jersey.......................... 16,004,754 197 0 0 16,004,754 197
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Total............................. 64,496,419 804 2,634,989 34 67,131,408 838
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Mid-Atlantic:
Maryland............................ 4,992,253 72 680,858 10 5,673,111 82
West Virginia....................... 1,285,008 20 1,048,721 16 2,333,729 36
Pennsylvania........................ 12,788,228 166 1,555,444 20 14,343,672 186
Pittsburgh.......................... 5,773,367 85 1,178,624 17 6,951,991 102
Virginia............................ 3,949,284 68 1,319,703 23 5,268,987 91
D.C................................. 5,258,701 73 0 0 5,258,701 73
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Total............................. 34,046,841 484 5,783,350 86 39,830,191 570
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Southeast/Caribbean:
Georgia............................. 4,548,592 77 2,015,141 34 6,563,733 111
Alabama............................. 3,359,260 59 1,380,968 24 4,740,228 83
Caribbean........................... 3,320,946 41 1,138,410 14 4,459,356 55
South Carolina...................... 2,989,534 48 1,088,659 17 4,078,193 65
North Carolina...................... 5,889,849 80 2,695,611 36 8,585,460 116
Mississippi......................... 1,088,875 20 1,572,105 29 2,660,980 49
Jacksonville........................ 14,503,828 232 911,639 15 15,415,467 247
Kentucky............................ 3,135,284 50 1,662,350 27 4,797,634 77
[[Page 28764]]
Knoxville........................... 2,098,457 38 626,016 11 2,724,473 49
Tennessee........................... 2,828,198 50 1,226,999 22 4,055,197 72
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Total............................. 43,762,823 695 14,317,898 229 58,080,721 924
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Midwest:
Illinois............................ 17,560,581 216 2,572,490 32 20,133,071 248
Cincinnati.......................... 4,060,883 65 312,798 5 4,373,681 70
Cleveland........................... 7,530,815 107 996,071 14 8,526,886 121
Ohio................................ 2,871,557 46 1,249,596 20 4,121,153 66
Michigan............................ 8,111,211 113 358,450 5 8,469,661 118
Grand Rapids........................ 2,758,296 45 1,086,645 18 3,844,941 63
Indiana............................. 5,257,918 81 1,468,433 23 6,726,351 104
Wisconsin........................... 6,059,408 85 2,117,599 30 8,177,007 115
Minnesota........................... 6,010,579 80 1,665,724 22 7,676,303 102
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Total............................. 60,221,248 838 11,827,806 169 72,049,054 1,007
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Southwest:
Texas/New Mexico.................... 5,861,192 101 1,765,910 30 7,627,102 131
Houston............................. 3,787,923 65 685,013 12 4,472,936 77
Arkansas............................ 1,882,145 37 1,346,577 26 3,228,722 63
Louisiana........................... 3,708,951 66 893,565 16 4,602,516 82
Oklahoma............................ 2,450,407 44 1,155,160 21 3,605,567 65
San Antonio......................... 3,727,875 69 0 0 3,727,875 69
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Total............................. 21,418,493 382 5,846,225 105 27,264,718 487
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Great Plains:
Iowa................................ 2,356,158 40 1,487,426 25 3,843,584 65
Kansas/Missouri..................... 3,818,889 63 1,590,400 27 5,409,289 90
Nebraska............................ 1,445,634 25 570,579 10 2,016,213 35
St. Louis........................... 4,210,350 60 1,381,817 20 5,592,167 80
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Total............................. 11,831,031 188 5,030,222 82 16,861,253 270
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Rocky Mountains: Colorado............... 5,236,189 81 2,274,376 38 7,510,565 119
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Total............................. 5,236,189 81 2,274,376 38 7,510,565 119
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Pacific/Hawaii:
Hawaii (Guam)....................... 2,434,752 20 608,688 5 3,043,440 25
Los Angeles......................... 27,990,373 351 399,029 5 28,389,402 356
Arizona............................. 3,499,778 61 553,762 10 4,053,540 71
Sacramento.......................... 4,766,253 60 829,814 10 5,596,067 70
California.......................... 15,624,582 196 940,675 12 16,565,257 208
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Total............................. 54,315,738 688 3,331,968 42 57,647,706 730
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Northwest/Alaska:
Alaska.............................. 2,434,752 20 608,688 5 3,043,440 25
Oregon.............................. 4,152,210 60 1,558,795 23 5,711,005 83
Washington.......................... 5,909,649 80 1,195,392 16 7,105,041 96
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Total............................. 12,496,611 160 3,362,875 44 15,859,486 204
=======================================================================
National Total.................... 333,817,310 4,650 60,004,516 904 393,821,826 5,554
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* This amount includes Capital Advance Authority of $2,120,900 to fund Rural Housing Improvements, Bolton,
Massachusetts. Since this 28-unit project was not selected in Fiscal Year 1996 by HUD error, this application
will be funded from the Fiscal Year 1997 allocation to the Massachusetts State HUD Office.
D. 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 FDIC/RTC properties) of 200
[[Page 28765]]
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.
E. 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 28, 1997, 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 8 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).
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
8-day period. These applications will undergo a complete analysis based
upon the information submitted in the application, including that
submitted in response to the deficiency letter. If a reviewer finds
that clarification of information submitted in the application 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 5 working
days; and (b) follow up by certified letter. As part of this analysis,
HUD will conduct its environmental review in accordance with 24 CFR
part 50.
Technical processing will also assure that the Sponsor has complied
with the requirements in the civil rights certification in the
Application Package. There must not have been an adjudication of a
civil rights violation in a civil action brought against the Sponsor,
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.
Examples of reasons for technical processing rejection include an
ineligible Sponsor or population to be served, project will have
adverse impact on existing HUD-insured or assisted housing, lack of
legal capacity, lack of site control, outstanding or pending civil
rights findings/violations, insufficient need, 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 10 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 5 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.
Upon completion of technical processing, all acceptable
applications will be rated according to the selection criteria in
section I.E.3. of this NOFA, below. Applications submitted in response
to the advertised metropolitan allocations or nonmetropolitan
allocations that have a total base score (without the addition of bonus
points) of 60 points or more will be eligible for selection, and HUD
will place them in rank order per metropolitan or nonmetropolitan
allocation. After adding any bonus points, HUD will select these
applications based on rank order, up to and including the last
application that can be funded out of each of the local HUD office's
metropolitan or nonmetropolitan allocations. HUD offices shall not skip
over any applications in order to select one based on the funds
remaining. However, after making the initial selections in each
allocation area, any residual funds may be used to fund the next rank-
ordered application by reducing the number of units by no more than 10
percent rounded to the nearest whole number, provided the reduction
will not render the project infeasible. For this purpose, however, HUD
will not reduce the number of units in projects of nine units or less.
Once this process has been completed, HUD offices may combine their
unused metropolitan and nonmetropolitan funds in order to select the
next ranked application in either category, using the unit reduction
policy described above, if necessary.
Funds remaining after these processes are completed will be
returned to Headquarters. These funds will be used first to restore
units to projects reduced by HUD offices as a result of the
instructions above and, second, for selecting applications on a
national rank order. No more than one application will be selected per
HUD office from the national residual amount, however, unless there are
insufficient approvable applications in other HUD offices. If funds
still remain, additional applications will be selected based on a
national rank order, insuring an equitable distribution among HUD
offices.
3. Selection Criteria (Base Points)
HUD will rate applications for Section 202 capital advances that
successfully complete technical processing using the selection criteria
set forth below, and the guidelines set forth in Appendix A to this
NOFA:
(a) The Sponsor's ability to develop and operate the proposed
housing on a long-term basis, considering the following (52 points
maximum):
[[Page 28766]]
(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, as well as its financial management capability (30 points);
(2) The scope, extent, and quality of the Sponsor's experience in
providing housing or related services to minority persons or families
(10 points). For purposes of this NOFA, ``minority'' means the basic
racial and ethnic categories for Federal statistics and administrative
reporting, as defined in OMB's Statistical and Policy Directive No. 15.
(See 60 FR 44673, 44692; August 28, 1995.);
(3) The extent of local government support for the project (5
points);
(4) The extent of the Sponsor's activities in the community,
including previous experience in serving the area where the project is
to be located, and the Sponsor's demonstrated ability to enlist
volunteers and raise local funds (7 points).
(b) The need for supportive housing for the elderly in the area to
be served and the suitability of the site, considering the following
(28 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, 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 RHS) (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 RHS,
comments from the RHS 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 standpoints of promoting a
greater choice of housing opportunities for minority elderly persons/
families, and affirmatively furthering fair housing (10 points).
(c) Adequacy of the provision of supportive services and of the
proposed facility, considering the following (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).
The maximum number of points an application can earn without bonus
points is 100. An application can earn an additional 10 bonus points,
as described immediately below, for a maximum total of 110 points.
4. Bonus Points
(a) The Sponsor's involvement of elderly persons, particularly
minority elderly persons, in the development of the application, and
its intent to involve elderly persons, particularly minority elderly
persons, in the development of the project (5 bonus points);
(b) The project will be located within the boundaries of a
Federally designated Empowerment Zone, Urban Supplemental Empowerment
Zone, Enterprise Community, or an Urban Enhanced Enterprise Community
(5 bonus 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 requirements of this NOFA.
HUD will not accept any application after 4 p.m. local time on July 28,
1997, unless that date and time is extended by a notice published in
the Federal Register. HUD will not accept applications received after
the deadline date and time, even if postmarked by the deadline date.
Applications submitted by facsimile are not acceptable.
Immediately upon publication of this NOFA, if HUD offices have not
already provided names to the Multifamily Housing Clearinghouse, the
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 (the TTY number is 1-800-483-2209) 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. 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.
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). However, Sponsors
who cannot attend the workshops are strongly encouraged to contact the
appropriate HUD office with any questions regarding the submission of
applications to that particular office and to request any materials
handed out at the workshop.
[[Page 28767]]
III. Application Submission Requirements
A. Application
Each application must 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. Such previously selected Section 202 Sponsors are not
required to submit the information described in sections B.2. (a), (b),
and (c) of this NOFA, 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 submit information and
exhibits they have 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.
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, including
a current listing of all duly qualified and sitting officers and
directors by title, and the beginning and ending dates 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 (including the minority community), local government support
(including financial support and services), how long the Sponsor has
been in existence, and 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 supportive services 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 (including financial management) and experience; the
Sponsor's experience in serving the elderly, including elderly persons
with disabilities, and/or families and minorities; and the reasons for
receiving any increases in fund reservations for developing and/or
operating previously funded projects;
(c) A description of Sponsor's participation in joint ventures and
experience in contracting with minority-owned businesses, women-owned
businesses, and small businesses over the last 3 years, including a
description of the joint venture, partners and the Sponsor's
involvement, and a summary of the total contract amounts awarded in
each of the 3 categories for the preceding 3 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 the
responsibilities of sponsorship, long-term support of the project(s),
willingness of Sponsor to 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 1 percent of the HUD-approved capital advance, not to
exceed $10,000, if nonaffiliated with a National Sponsor; one-half of 1
percent of the HUD-approved capital advance, not to exceed $25,000, for
all other Sponsors), 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 RHS; 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;
[[Page 28768]]
(2) Description of 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, including the
following:
(1) Evidence that the Sponsor has entered into a legally binding
option agreement (which extends through the end of the current fiscal
year and contains a renewal provision so that the option can be renewed
for at least an additional 6 months) 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 FDIC/RTC). 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 must also include a copy
of the public body's evidence of ownership and identification of any
restrictive covenants, including reverter clauses;
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 firm commitment application
(e.g., a summary of the results of any requests for rezoning on land in
similar zoning classifications and the time required for such rezoning,
or preliminary indications of acceptability from zoning bodies);
(3) A narrative topographical and demographic description of the
suitability of the site and area, and how the site will promote greater
housing opportunities for minority elderly and elderly persons with
disabilities, thereby affirmatively furthering fair housing;
(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 Phase I Environmental Site Assessment, in accordance with the
American Society for Testing and Material (ASTM) Standards E 1527-93,
as amended. Since the Phase I study must be completed and submitted
with the application, it is important that the Sponsor start the site
assessment process as soon after publication of the NOFA as possible.
If the Phase I study indicates the possible presence of
contamination and/or hazards, 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.
Note: For properties to be acquired from the FDIC/RTC, include a
copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase
I Environmental Site Assessment, and applicable documentation, per
the FDIC/RTC Environmental Guidelines.
If the Sponsor chooses to continue with the original site on which
the Phase I study indicated contamination or hazards, then it must
undertake a detailed Phase II Environmental Site Assessment by an
appropriate professional. 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 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 1997 funding competition, this
information would have to be submitted to the local HUD office no later
than August 25, 1997.
Note: This could be an expensive undertaking. The Cost of any
clean-up and/or remediation must be borne by the sponsor.
(6) A letter from the State Historic Preservation Officer
indicating whether the proposed site has any historical significance.
(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) A description of public or private sources of assistance that
reasonably could be expected to fund the proposed services;
(3) 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.
Note: Disability related supportive services cannot be a
condition for tenancy.
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 Section 811 Program of 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 1996 and prior year projects to which the Sponsor(s) is a party
that have not been finally closed. Such projects must be identified by
project number and HUD office.
6. HUD-2880, Applicant/Recipient Disclosure/Update Report,
including Social Security Numbers and Employer Identification Numbers.
7. Executive Order 12372 certification. 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 E.O. 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; (c) identifies the staff organization that will carry
out the relocation activities; and (d) identifies all persons that have
moved from the site within the past 12 months.
Note: If any of the relocation costs will be funded from sources
other than the Section 202 capital advance, the (sponsor must
[[Page 28769]]
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. A certification regarding Lobbying that complies with 24 CFR
part 87 must be submitted by the Sponsor. If the Sponsor 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.
11. 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. 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
by the unit of general local government if the project will be located
within the jurisdiction of the unit of general local government
authorized to use an abbreviated strategy, and if the unit of general
local government 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. The Consolidated Plan regulations are published in
24 CFR part 91.
12. Sponsor Certifications. (a) A certification that the Sponsor
will comply with section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and the implementing regulations in 24 CFR part 8; the Fair
Housing Act (42 U.S.C. 3600-3619) and the implementing regulations in
24 CFR parts 100, 108, and 110; title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d) and the implementing regulations in 24 CFR part
1; section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) and the implementing regulations in 24 CFR part 135; the
Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and the
implementing regulations in 24 CFR part 146; Executive Order 11246 (as
amended) and the implementing regulations in 41 CFR Chapter 60; the
regulations implementing Executive Order 11063 (Equal Opportunity in
Housing) in 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
regulations in 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 project
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 (29 U.S.C. 794) 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 in 49 CFR
part 24, and 24 CFR 891.155(e).
(e) A certification by the Sponsor(s) that it will: (i) form an
``Owner'' (as defined in 24 CFR 891.205) after the issuance of the
capital advance; (ii) cause the Owner to file a request for
determination of eligibility and a request for capital advance; and
(iii) provide sufficient resources to the Owner to insure the
development and long-term operation of the project, including
capitalizing the Owner at firm commitment processing in an amount
sufficient to meet its obligations in connection with the project.
IV. Development Cost Limits
A. The following development cost limits, adjusted by locality as
described in section IV.B. of this NOFA, below, shall be used to
determine the capital advance amount to be reserved for projects for
the elderly:
(1) The total development cost of the property or project
attributable to dwelling use (less the incremental development cost and
the capitalized operating costs associated with any excess amenities
and design features to be paid for by the Sponsor) may not exceed:
Nonelevator structures:
$28,032 per family unit without a bedroom;
$32,321 per family unit with one bedroom;
$38,979 per family unit with two bedrooms;
For elevator structures:
$29,500 per family unit without a bedroom;
$33,816 per family unit with one bedroom;
$41,120 per family unit with two bedrooms.
(2) These cost limits reflect those costs reasonable and necessary
to develop a project of modest design that complies with HUD minimum
property standards; the accessibility requirements of Sec. 891.120(b);
and the project design and cost standards of Sec. 891.120.
B. Increased development cost limits. (1) HUD may increase the
development cost limits set forth in section IV.A.(1) of this NOFA,
above, by up to 140 percent in any geographic area where the cost
levels require, and may increase the development cost limits by up to
160 percent on a project-by-project basis.
(2) If HUD finds that high construction costs in Alaska, Guam, the
Virgin Islands, or Hawaii make it infeasible to construct dwellings,
without the sacrifice of sound standards of construction, design, and
livability, within the development cost limits provided in section
IV.A. of this NOFA, above, the amount of the capital advances may be
increased to compensate for such costs. The increase may not exceed the
limits established under this section (including any high cost area
adjustment) by more than 50 percent.
V. Findings and Certifications
A. Paperwork Reduction Act Statement
The information collection requirements contained in this NOFA have
been approved by the Office of Management and Budget (OMB) in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and assigned OMB control number 2502-0267. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
B. Environmental Impact
This NOFA provides funding under, and does not alter the
environmental provisions of, regulations in 24 CFR part 891, which were
published in the Federal Register on March 22, 1996 (61 FR 11956).
Accordingly, under 24 CFR 50.19(c)(5), as published in the Federal
Register on September 27, 1996 (61 FR
[[Page 28770]]
50914, 50919), this NOFA is categorically excluded from environmental
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321). The environmental review provisions of the Section 202 program
regulations are in 24 CFR 891.155(b).
C. 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. As a result, this NOFA is not
subject to review under the Order.
D. Accountability in the Provision of HUD Assistance
Section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545) (HUD Reform Act) and the
regulations codified in 24 CFR part 4, subpart A, contain a number of
provisions that are designed to ensure greater accountability and
integrity in the provision of certain types of assistance administered
by HUD. On January 14, 1992 (57 FR 1942), HUD published a notice that
also provides information on the implementation of section 102. The
documentation, public access, and disclosure requirements of section
102 apply to assistance awarded under this NOFA as follows:
Documentation and public access requirements. HUD will ensure that
documentation and other information regarding each application
submitted pursuant to this NOFA are sufficient to indicate the basis
upon which assistance was provided or denied. This material, including
any letters of support, will be made available for public inspection
for a 5-year period beginning not less than 30 days after the award of
the assistance. Material will be made available in accordance with the
Freedom of Information Act (5 U.S.C. 552) and HUD's implementing
regulations at 24 CFR part 15. In addition, HUD will include the
recipients of assistance pursuant to this NOFA in its Federal Register
notice of all recipients of HUD assistance awarded on a competitive
basis.
Disclosures. HUD will make available to the public for 5 years all
applicant disclosure reports (HUD Form 2880) submitted in connection
with this NOFA. Update reports (also Form 2880) will be made available
along with the applicant disclosure reports, but in no case for a
period less than 3 years. All reports--both applicant disclosures and
updates--will be made available in accordance with the Freedom of
Information Act (5 U.S.C. 552) and HUD's implementing regulations at 24
CFR part 15.
E. Prohibition Against Advance Information on Funding Decisions
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989, 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
prohibited 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 or employees who have ethics related questions should
contact the HUD Ethics Law Division at (202) 708-3815 (this is not a
toll-free number). To access this number by TTY, dial 1-800-877-8339.
HUD employees who have specific program questions, such as whether
particular subject matter can be discussed with persons outside HUD,
should contact the appropriate Field Office Counsel, or Headquarters
counsel for the program to which the question pertains.
F. Prohibition Against Lobbying Activities
Applicants for funding under this NOFA are subject to the
provisions of section 319 of the Department of Interior and Related
Agencies Appropriation Act for Fiscal Year 1991 (31 U.S.C. 1352) (the
Byrd Amendment) and to the provisions of the Lobbying Disclosure Act of
1995 (Pub. L. 104-65; approved December 19, 1995).
The Byrd Amendment, which is implemented in regulations at 24 CFR
part 87, prohibits applicants of Federal contracts and grants from
using appropriated funds to attempt to influence Federal executive or
legislative officers or employees in connection with obtaining such
assistance, or with its extension, continuation, renewal, amendment, or
modification. The Byrd Amendment applies to the funds that are the
subject of this NOFA. Therefore, applicants must file a certification
stating that they have not made and will not make any prohibited
payments, and if applicants have made any payments or agreement to make
payments of nonappropriated funds for these purposes, they must submit
a form SF-LLL disclosing such payments. The certification and the SF-
LLL are included in the Application Package.
The Lobbying Disclosure Act of 1995, P.L. 104-65 (December 19,
1995), which repealed Section 112 of the HUD Reform Act and resulted in
the elimination of the regulations at 24 CFR Part 86, requires all
persons and entities who lobby covered Executive or Legislative Branch
officials to register with the Secretary of the Senate and the Clerk of
the House of Representatives and file reports concerning their lobbying
activities.
H. Catalog of Federal Domestic Assistance Program
The Catalog of Federal Domestic Assistance Program title and number
is 14.157, 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: May 7, 1997.
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner.
Appendix A--Guidelines for Rating Section 202 Applications FY 1997
Supportive Housing for the Elderly
Directions: In applications proposing a Co-Sponsor, the Sponsor
and Co-Sponsor are to be evaluated and scored separately. The higher
score shall be awarded to the application.
The full range of numerical ratings should be used.
1. In determining the Sponsor's ability to develop and operate
the proposed housing on a long-term basis, consider: 52 points
maximum.
(MHR) (a) & AM avg'd)--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 and financial
management capability (30 points maximum).
[[Page 28771]]
25-30 Points--Sponsor must have developed and operated at least one
housing project comparable in scope to the project being applied for
or provided related supportive services for at least five years for
the proposed population and, demonstrated a consistent performance
in timely development, effective marketing, and efficient management
of housing and/or service delivery. Also, the Sponsor must not have
received any unreasonable increases in fund reservations for
developing and/or operating previously funded projects.
12-24 Points--Sponsor has at least three years experience in
providing housing and/or supportive services for the proposed
population and has demonstrated consistent performance in timely
development, effective marketing, and efficient management of
housing and/or service delivery.
1-11 Points--Sponsor has less than three years experience in
providing either housing or supportive services for the proposed
population, or, has not performed consistently in the development,
marketing, and management of housing and/or service delivery.
(FHEO) (b)--The scope, extent and quality of the Sponsor's
experience in providing housing or related services to minority
persons or families (10 points maximum).
10 points--Sponsor has significant previous experience in housing/
serving minorities (i.e., previous housing assistance/related
service to minorities was equal to or greater than the percentage of
minorities in the jurisdiction where the previous housing/service
experience occurred); and the Sponsor has ties to the minority
community.
8-9 points--Sponsor has significant previous experience in housing/
serving minorities. There is no evidence that the Sponsor has ties
to the minority community.
5-7 points--Sponsor has minimal experience in housing/serving
minorities (i.e., previous housing assistance/related service to
minorities was less than the percentage of minorities in the
jurisdiction where the previous housing/related service experience
occurred); and the Sponsor has ties to the minority community.
3-4 points--Sponsor has minimal experience in housing/serving
minorities but the Sponsor does not have ties to the minority
community.
1-2 points--The Sponsor does not have experience in housing/serving
minorities, but there is evidence that the Sponsor has ties to the
minority community.
0 points--None of the above.
(SEC (c) REP)--The extent of local government support for the
project. (5 points maximum).
5 points--The application contains written evidence that the local
government intends to provide financial assistance and community
services to the proposed project and the project is consistent with
the Consolidated Plan which shows a need for elderly housing.
3 points--The application contains written evidence that the local
government intends to provide community services to the proposed
project and the project is consistent with the Consolidated Plan
which shows a need for elderly housing.
1 point--The Sponsor has enlisted some support in the community
(i.e., letters of support from other agencies) for the proposed
project and the project is consistent with the Consolidated Plan
which shows a need for elderly housing.
MHR (d)--The extent of the Sponsor's previous experience in serving
the area where the project is to be located (i.e., extent of its
activities, period of involvement, and the size of the population
served), and Sponsor's demonstrated ability to enlist volunteers and
raise local funds (7 points maximum).
4-7 points--The Sponsor has provided documentation which
demonstrates its previous experience in serving the project
locality, and has a good track record of private fund raising and
enlisting volunteers in the community.
1-3 points--The Sponsor has limited experience in serving the area
where the project is to be located, or in securing private funding
or enlisting volunteers in a community.
2. In determining the need for supportive housing for the
elderly in the area to be served and the suitability of the site,
consider: 28 points maximum.
(EMAS) (a)--The extent of the need for the project in the area based
on a determination by the HUD Office. This determination will be
made by taking into consideration the Sponsor's evidence of need in
the area, as well as other economic, demographic and housing market
data available to the HUD Office (8 points maximum).
Rating points for all projects, determined to be marketable, are to
be based on the ratio of the number of units in the proposed project
to the estimate of unmet need for housing assistance by the income
eligible elderly households with selected housing conditions, as
follows. Unmet housing need is defined as the number of very low-
income renter households with housing problems, as of the 1990
Census minus the number of Federally assisted housing units provided
since the 1990 Census. HUD will, to the extent practicable, consider
all units provided for the elderly under the Section 8 programs, the
Public and Indian Housing programs, the Section 202 program, and the
Rural Housing Service's Section 515 Rural Rental Housing program.
8 Points--The number of units proposed is 10 percent or less of the
income eligible unmet need.
4 Points--The number of units proposed is 11 percent or more of the
income eligible unmet need.
(VAL) (b)--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, and compliance
with site and neighborhood standards (10 points maximum).
7-10 points--All necessary services and facilities, including
shopping facilities for daily necessities (groceries, toiletries and
medicines), are within safe walking distance, or are easily
accessible by frequently operating public transportation or by
transportation provided by the Sponsor. Utilities and streets are
available, adequate to serve the proposed use, and will require
little or no off-site construction.
Permissive zoning is in place.
No filling is necessary; soil shows no evidence of instability; or,
minimal grading is necessary to improve site drainage. Site is
adequate in size, exposure, configuration, and topography with no
special facilities required. Site is free from all adverse
environmental conditions, including hazardous conditions, and
adequate fire and police protection is readily available.
4-6 points--Some necessary services and facilities, including
shopping facilities for daily necessities, are within safe walking
distance OR are easily accessible by frequently operating public
transportation or by transportation provided by the Sponsor.
Streets and/or utilities can be made available to the site with
moderate extensions.
Rezoning is necessary and Sponsor provided a reasonable assurance
that it will be accomplished with only minor extensions.
Some filling is necessary; soil shows some evidence of instability;
or minor grading is necessary to improve site drainage. Site is
adequate in size, exposure, configuration and topography with no
special facilities required. Site is free from all hazardous
environmental conditions, but some minor adverse conditions exist
(e.g., higher than acceptable noise level). However, mitigation is
possible without significant expenditures of time and expense.
Adequate fire and police protection is readily available.
1-3 points--Few necessary services and facilities, including
shopping facilities for daily necessities are within safe walking
distance. Description of the availability of public transportation
or the willingness, capacity and plan of the Sponsor to provide
transportation is vague.
Streets and/or utilities can be made available to the site only with
significant extensions.
[[Page 28772]]
Rezoning is necessary and the Sponsor provided a reasonable
assurance that it will be accomplished with moderate extensions.
Moderate filling is necessary; soil shows evidence of instability
including the need for geo-technical and/or dynamic soil analysis;
or moderate regrading is necessary to improve site drainage. Site is
minimally acceptable in terms of size, exposure, configuration,
drainage, and topography with some special facilities required. Site
is free from all hazardous environmental conditions, but some minor
adverse conditions exist (e.g., higher than acceptable noise level).
However, mitigation is possible but with significant expenditures of
time and expense. Adequate fire and police protection is readily
available.
(FHEO) (c)Suitability of the site from the standpoints of promoting
a greater choice of housing opportunities for minority persons and
affirmatively furthering fair housing. (10 points maximum)
FHEO awards points under this criterion by considering the existence
and location of existing housing for minority persons and whether a
minority concentrated area has an unmet need for such housing in
determining whether a site promotes housing choice.
Situation #1--Housing market area where there is no existing
assisted housing for elderly minority persons (including Section
202, low rent public housing, and other assisted housing projects).
There is a need for such housing both inside and outside areas of
minority concentration.
10 points--The site is located in a racially mixed area with a need
for such housing.
8 points--The site is located in a nonminority area with a need for
such housing.
5 points--The site is located in a minority concentrated area with a
need for such housing. The Sponsor has comparable rental units
outside of the minority concentrated area that will be available to
elderly minority persons through vacancies and/or turnover, thus
providing a housing choice to those elderly minority persons who
live outside the minority community.
3 points--The site is located in a minority concentrated area with a
need for housing. Sponsor does not have comparable rental units
outside of the minority concentrated area.
0 points--None of the above. The site, although acceptable, does not
promote a greater choice of housing opportunities for minority
elderly persons.
Situation #2--Housing market area where there is existing assisted
housing for the minority elderly (including Section 202, other low
rent public housing, and other assisted housing projects for
minority elderly persons) and such housing is located in a
nonminority area. There is an unmet need to house minority elderly
persons in a minority concentrated area:
10 points--The site is located in a minority concentrated area with
an unmet housing need for elderly and/or minority elderly persons.
8 points--The site is located in a racially mixed area bordering the
minority concentrated area with an unmet need for housing minority
elderly persons.
5 points--The site is located in a non-minority area but Sponsor has
comparable rental units in the minority concentrated area that will
be available to minority elderly persons through vacancies and/or
turnover, thus providing a housing choice to minority elderly
persons who desire to remain in the minority community.
0 points--None of the above. The site, although acceptable, does not
promote a greater choice of housing opportunities for minority
elderly persons.
Situation #3--Housing market area where the existing housing for
minority elderly persons is located in an area of minority
concentration. There is still a housing need in the minority
concentrated area, as well as in the community as a whole:
10 points--The site is located in a racially mixed area.
8 points--The site is located in a non-minority area.
5 points--The site is located in a minority area but Sponsor has
comparable rental units outside of the minority concentrated area
that will be available to minority elderly persons (through
vacancies and/or turnover), thus providing a housing choice to
minority elderly persons who live outside the minority community.
0 points--None of the above. The site, although acceptable, does not
promote a greater choice of housing opportunities for minority
elderly persons.
Situation #4--Housing market area where few or no minorities live.
(There are no or few areas of minority concentration.)
10 points--The site is located in a housing market area with a
population of only a few minorities.
5 points--The site is located in a housing market area with a
population of no minorities.
Situation #5--Housing market area where existing assisted housing
for the minority elderly is inside a minority concentrated area and
also outside a minority concentrated area. Both areas have an unmet
need for housing for minorities.
10 points--The site is located Outside and the majority of assisted
housing is located inside.
10 points--The site is located Inside and the majority of assisted
housing is located outside.
5 points--The site is located Outside and the majority of assisted
housing is located outside.
5 points--The site is located Inside and the majority of assisted
housing is located inside.
Situation #6--Housing market area where few or no nonminorities
live. (There are no or few areas of nonminority concentration.)
10 points--The site is located in a housing market area with a
population of only a few nonminorities.
5 points--The site is located in a housing market area with a
population of no nonminorities.
3. In determining the adequacy of the provision of supportive
services, consider the following: 20 points maximum.
(ARCH) (a)--The extent to which the proposed design will meet the
special physical needs of elderly persons (3 points maximum).
3 points--The narrative is detailed and indicates how local codes
and Section 202 program requirements will be met and how Fair
Housing Amendments and Section 504 requirements will be included in
the design development of the project's interior and exterior
spaces, circulation, and recreation.
1-2 points--The narrative is general and indicates how local codes,
Section 202, Fair Housing Amendments and Section 504 requirements
will be achieved, and gives assurances that full compliance will be
achieved during the design phase.
(ARCH) (b)--The extent to which the proposed size and unit mix of
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 manner (4 points maximum).
3-4 points--The narrative provides a detailed description about the
proposed project, including a description of the building type, unit
configuration, special design features, community spaces, amenities
and proposed utilities, and how the proposed project will aid in the
delivery of services in an economical manner. The narrative
indicates that the proposed size, unit mix and delivery of services
is well thought out and will foster easy management and economic
operation. There are no prohibited amenities or spaces not funded by
the Sponsor.
1-2 points--The narrative provides a general description about the
proposed project or does not go into the level of detail as
indicated above, but sufficient information is provided to come to
the belief that the proposed size, unit mix and delivery of services
will foster easy management and economic operation. There are no
prohibited amenities or spaces not funded by the Sponsor.
(ARCH) (c)--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 maximum).
[[Page 28773]]
3 points--The proposed population does not have any special needs
requiring special design features, and there will not be any on-site
services requiring special accommodations; HOWEVER, the Sponsor has
addressed aging in place and described how supportive services will
be made available to the residents in the future for the remaining
useful life of the project;
or
The narrative indicates that special features to accommodate
supportive services will be provided. These features are described
in detail, indicating the items, and their purpose, and may include
other related information, such as, quantity, size, related codes
and standards, locations, and other pertinent data.
The features may provide items such as: (1) adequate food storage,
preparation, and consumption areas; (2) a convenient on-site
passenger pick-up and drop-off area; and (3) any other required
feature to accommodate proposed supportive services.
These features constitute acceptable amenities, and do not include
any prohibited amenities not funded by the Sponsor or clinical/
health type equipment.
1-2 points--Same as above, except that the description is in general
terms, and data such as quantity, sizes, and specific locations and
applicable codes and standards are not included. The features
constitute acceptable amenities, and do not include prohibited
amenities not funded by the Sponsor or clinical/health type
equipment.
(MHR & AM avg'd)--(d) The extent to which the proposed supportive
services meet the identified needs of the residents. (5 points
maximum)
5 points--The proposed population does not have any special
supportive service needs; However, the Sponsor has addressed aging
in place and described how supportive services will be made
available to the residents in the future for the remaining useful
life of the project;
or
Sponsor has comprehensively described the specific supportive
service needs of the identified elderly group to be housed. Proposed
services address the identified needs, provide for tailoring to
individual needs, and are consistent with program requirements.
Method of service delivery is appropriate and clearly described.
Sponsor's service plan discusses provisions for those aging in
place.
3-4 points--The elderly group to be housed and their supportive
needs are well described. Proposed services address the principal
needs identified, and the method of delivery is appropriate. The
service plan is consistent with program requirements. Aging in place
needs are addressed.
1-2 points--The elderly group to be housed and their supportive
needs are generally described. Description of services and method of
delivery are general in nature. Some specifics of the service plan
may yet need to be developed. Aging in place needs are discussed.
(MHR & AM avg'd)--(e) The extent to which the sponsor demonstrated
that the identified supportive services will be provided on a
consistent long-term basis (5 points maximum).
4-5 points--Well documented explanation for the long-term provision
of supportive services, including funding, for residents as they age
in place.
1-3 points--Limited explanation for the long-term provision of
supportive services, including funding, for residents as they age in
place.
4. Bonus Points.
(MHR)(a)--The Sponsor has involved elderly persons, including
minority elderly persons, in the development of the application and
will involve elderly persons, including minority elderly persons, in
the development of the project (5 Bonus Points). [See Exhibit 3e.]
The Sponsor met with elderly persons at least twice during the
preparation of the application to solicit comments, drafts of the
application were circulated to elderly persons for review, and/or
the Sponsor board includes at least 20 percent elderly members.
Also, the Sponsor discussed the input received and whether the input
was accepted.
(CPD)(b)--The project will be located within the boundaries of a
Federally designated Empowerment Zone, Urban Supplemental
Empowerment Zone, Enterprise Community, or an Urban Enhanced
Enterprise Community (5 bonus points).
Appendix B--HUD Offices
Note: The first line of the mailing address for all offices is
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, TTY Number: (860) 240-4665
Massachusetts State Office
Room 375, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway
Street, Boston, MA 02222-1092, (617) 565-5234, TTY Number: (617)
565-5453
New Hampshire State Office
Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH
03101-2487, (603) 666-7681, TTY Number: (603) 666-7518
Rhode Island State Office
Sixth Floor 10 Weybosset Street, Providence, RI 02903-3234, (401)
528-5351, TTY Number: (401) 528-5403
HUD--New York, New Jersey Area
New Jersey State Office,
Thirteenth Floor, One Newark Center, Newark, NJ 07102-5260, (201)
622-7900, TTY Number: (201) 645-3298
New York State Office
26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500, TTY
Number: (212) 264-0927
Buffalo Area Office
Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203-
1780, (716) 551-5755, TTY Number: (716) 551-5787
HUD--Mid-Atlantic Area
District of Columbia Office
820 First Street, NE, Washington, D.C. 20002-4502, (202) 275-9200,
TTY Number: (202) 275-0772
Maryland State Office
Fifth Floor, City Crescent Building, 10 South Howard Street,
Baltimore, MD 21201-2505, (410) 962-2520, TTY Number: (410) 962-0106
Pennsylvania State Office
The Wanamaker Building, 100 Penn Square East, Philadelphia, PA
19107-3390, (215) 656-0600, TTY Number: (215) 656-3452
Virginia State Office
The 3600 Centre, 3600 West Broad Street, P.O. Box 90331, Richmond,
VA 23230-0331, (804) 278-4507, TTY Number: (804) 278-4501
West Virginia State Office
Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-
7000, TTY Number: (304) 347-5332
Pittsburgh Area Office
339 Sixth Avenue, Sixth Floor, Pittsburgh, PA 15222-2515, (412) 644-
6428, TTY Number: (412) 644-5747
HUD--Southeast/Caribbean Area
Alabama State Office
Suite 300, Beacon Ridge Tower, 600 Beacon Parkway, West, Birmingham,
AL 35209-3144, (205) 290-7617, TTY Number: (205) 290-7630
Caribbean Office
New San Juan Office Building, 159 Carlos Chardon Avenue, San Juan,
PR 00918-1804, (809) 766-6121, TTY Number: (809) 766-5909
Georgia State Office
Richard B. Russell Federal Building, 75 Spring Street, S.W.,
Atlanta, GA 30303-3388, (404) 331-5136, TTY Number: (404) 730-2654
Kentucky State Office
601 West Broadway, P.O. Box 1044, Louisville, KY 40201-1044, (502)
582-5251, TTY Number: 1-800-648-6056
Mississippi State Office
Suite 910, Doctor A.H. McCoy Federal Building, 100 West Capitol
Street, Jackson, MS 39269-1096, (601) 965-5308, TTY Number: (601)
965-4171
[[Page 28774]]
North Carolina State Office
Koger Building, 2306 West Meadowview Road, Greensboro, NC 27407-
3707, (919) 547-4001, TTY Number: (919) 547-4055
South Carolina State Office
Strom Thurmond Federal Building, 1835-45 Assembly Street, Columbia,
SC 29201-2480, (803) 765-5592, TTY Number: (803) 253-3071
Tennessee State Office
Suite 200, 251 Cumberland Bend Drive, Nashville, TN 37228-1803,
(615) 736-5213, TTY Number: (615) 736-2886
Jacksonville Area Office
Suite 2200, Southern Bell Tower, 301 West Bay Street, Jacksonville,
FL 32202-5121, (904) 232-2626, TTY Number: (904) 232-1241
Knoxville Area Office
Third Floor, John J. Duncan Federal Building, 710 Locust Street,
Knoxville, TN 37902-2526, (423) 545-4384, TTY Number: (423) 545-4559
HUD--Midwest Area
Illinois State Office
Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard,
Chicago, IL 60604-3507, (312) 353-5680, TTY Number: (312) 353-5944
Indiana State Office
151 North Delaware Street, Indianapolis, IN 46204-2526, (317) 226-
6303, TTY Number: (317) 226-7081
Michigan State Office
Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit,
MI 48226-2592, (313) 226-7900, TTY Number: (313) 226-6899
Minnesota State Office
220 Second Street, South, Minneapolis, MN 55401-2195, (612) 370-
3000, TTY Number: (612) 370-3186
Ohio State Office
200 North High Street, Columbus, OH 43215-2499, (614) 469-5737, TTY
Number: (614) 469-6694
Wisconsin State Office
Suite 1380, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue,
Milwaukee, WI 53203-2289, (414) 297-3214, TTY Number: (414) 297-3123
Cincinnati Area Office
525 Vine Street, Seventh Floor, Cincinnati, OH 45202-3188, (513)
684-2884, TTY Number: (513) 684-6180
Cleveland Area Office
Fifth Floor, Renaissance Building, 1350 Euclid Avenue, Cleveland, OH
44115-1815, (216) 522-4065, TTY Number: (216) 522-2261
Grand Rapids Area Office
Trade Center Building, Third Floor, 50 Louis Street, NW, Grand
Rapids, MI 49503-2648, (616) 456-2100, TTY Number: (616) 456-2159
HUD--Southwest Area
Arkansas State Office
Suite 900, TCBY Tower, 425 West Capitol Avenue, Little Rock, AR
72201-3488, (501) 324-5931, TTY Number: (501) 324-5931
Louisiana State Office
Ninth Floor, Hale Boggs Federal Building, 501 Magazine Street, New
Orleans, LA 70130-3099, (504) 589-7200, TTY Number: (504) 589-7279
Oklahoma State Office
500 Main Plaza, 500 West Main Street, Suite 400, Oklahoma City, OK
73102-2233, (405) 553-7400, TTY Number: (405) 553-7480
Texas State Office
1600 Throckmorton Street, P.O. Box 2905, Fort Worth, TX 76113-2905,
(817) 978-9000, TTY Number: (817) 978-9273
Houston Area Office
Suite 200, Norfolk Tower, 2211 Norfolk, Houston, TX 77098-4096,
(713) 313-2274, TTY Number: (713) 834-3274
San Antonio Area Office
Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563,
(210) 472-6800, TTY Number: (210) 472-6885
HUD--Great Plains
Iowa State Office
Room 239, Federal Building, 210 Walnut Street, Des Moines, IA 50309-
2155, (515) 284-4512, TTY Number: (515) 284-4728
Kansas/Missouri State Office
Room 200, Gateway Tower II, 400 State Avenue, Kansas City, KS 66101-
2406, (913) 551-5462, TTY Number: (913) 551-6972
Nebraska State Office
Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154-
3955, (402) 492-3100, TTY Number: (402) 492-3183
Saint Louis Area Field Office
Third Floor, Robert A. Young Federal Building, 1222 Spruce Street,
St. Louis, MO 63103-2836, (314) 539-6583, TTY Number: (314) 539-6331
HUD--Rocky Mountains Area
Colorado State Office
633 17th Street, Denver, CO 80202-3607, (303) 672-5440, TTY Number:
(303) 672-5248
HUD--Pacific/Hawaii Area
Arizona State Office
Suite 1600, Two Arizona Center, 400 North 5th Street, Phoenix, AZ
85004-2361, (602) 379-4434, TTY Number: (602) 379-4464
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) 436-
6532, TTY Number: (415) 436-6594
Hawaii State Office
Suite 500, 7 Waterfront Plaza, 500 Ala Moana Boulevard, Honolulu, HI
96813-4918, (808) 522-8175, TTY Number: (808) 522-8193
Los Angeles Area Office
1615 West Olympic Boulevard, Los Angeles, CA 90015-3801, (213) 894-
8000, TTY Number: (213) 894-8133
Sacramento Area Office
Suite 200, 777 12th Street, Sacramento, CA 95814-1997, (916) 498-
5220, TTY Number: (916) 498-5959
HUD--Northwest/Alaska Area
Alaska State Office
Suite 401, University Plaza Building, 949 East 36th Avenue,
Anchorage, AK 99508-4399, (907) 271-4170, TTY Number: (907) 271-4328
Oregon State Office
400 Southwest Sixth Avenue, Suite 700, Portland, OR 97204-1632,
(503) 326-2561, TTY Number: (503) 326-3656
Washington State Office
Suite 200, Seattle Federal Office Building, 909 First Avenue,
Seattle, WA 98104-1000, (206) 220-5101, TTY Number: (206) 220-5185
[FR Doc. 97-13728 Filed 5-23-97; 8:45 am]
BILLING CODE 4210-27-P
