[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Notices]
[Pages 29634-29670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13602]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Assistant Secretary for Housing--Federal Housing Commissioner
[Docket No. N-95-3904; FR-3903-N-02]
Notice of Submission of Proposed Information Collection to OMB
Section 811 Supportive Housing for Persons With Disabilities--
Application Submission Requirements
AGENCY: Office of Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of Submission of Proposed Information Collection Section
811 Supportive Housing for Persons with Disabilities--Application
Submission Requirements for FY 1995.
-----------------------------------------------------------------------
SUMMARY: The proposed information collection requirement described
below has been submitted to the Office of Management and Budget (OMB)
for expedited review, as required by the Paperwork Reduction Act. The
Department is soliciting public comments on the subject proposal.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments must be received within seven (7) days from the
date of this Notice. Comments should refer to the proposal by name and
should be sent to: Joseph F. Lackey, Jr., OMB Desk Officer, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT:
Kay F. Weaver, Reports Management Officer, Department of Housing and
Urban Development, 451 -- 7th Street, Southwest, Washington, DC 20410,
telephone number (202) 708-0050. This is not a toll-free number. Copies
of the proposed forms and other available documents submitted to OMB
may be obtained from Ms. Weaver.
SUPPLEMENTARY INFORMATION: This Notice informs the public that the
Department of Housing and Urban Development has submitted to OMB, for
expedited processing, an information collection package with respect to
the application submission requirements for the Section 811 Supportive
Housing Program for Persons with Disabilities. HUD is requesting a
seven-day OMB review of this information collection.
The funds for this project development and construction assistance,
which are capital advances and project rental assistance contracts were
appropriated by the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1995,
(Pub. L. 103-327, enacted September 28, 1994).
HUD intends to make available $154,946,000 in capital advance
assistance which will produce approximately 2,421 units of supportive
housing for persons with disabilities. HUD also will make available
sufficient project rental assistance funds to help cover the project's
operating cost. These funds will be provided to nonprofit organizations
to expand the supply of supportive housing for persons with
disabilities.
This Section 811 application submission package describes the
contents of the application package and includes the forms and other
information an applicant needs to file an application. The Section 811
application consists of 11 exhibits which are evaluated by HUD to
determine (1) The applicant's eligibility to participate in the
program; (2) the applicant's ability (financially and administratively)
to develop and operate the proposed project: (3) the need for the
supportive housing in the area to be served; (4) the extent to which
the applicant has site control; (5) the suitability of the site; (6)
the adequacy of the provision of supportive services; (7) the adequacy
of the proposed facility; and (8) that the applicant has properly
certified to comply with the various governmental requirements,
Executive Orders, etc.
The Department has submitted the proposal for the collection of
information, as described below, to OMB for review, as required by the
Paperwork Reduction Act (44 U.S.C. Chapter 35);
(1) the title of the information collection proposal;
(2) the office of the agency to collect the information;
(3) the description of the need for the information and its
proposed use;
(4) the agency form number, if applicable;
(5) what members of the public will be affected by the proposal;
(6) how frequently information submission will be required;
(7) an estimate of the total number of hours needed to prepare the
information submission including the number of respondents, frequency
of response, and hours of response;
(8) whether the proposal is new or an extension, reinstatement, or
revision of an information collection requirement; and
(9) the names and telephone numbers of an agency official familiar
with the proposal and of the OMB Desk Officer for the Department.
[[Page 29635]] Authority: Section 3507 of the Paperwork
Reduction Act, 44 U.S.C. 3507; Section 7(d) of the Department of
Housing and Urban Development Act, 42 U.S.C. 3535(d).
Dated May 24, 1995.
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner.
Notice of Submission of Proposed Information Collection to OMB
Proposal: Section 811 Supportive Housing Program for Persons with
Disabilities--Application Submission Requirements.
Office: Office of Assistant Secretary for Housing--Federal Housing
Commissioner.
Description of the Need for the Information and its Proposed Use:
This information collection is required in connection with the
application submission requirements for the Section 811 Supportive
Housing Program for Persons with Disabilities. HUD intends to make
available $154,946,000 in capital advance assistance to expand the
supply of supportive housing for persons with disabilities. This
information collection describes the contents of the application
package which is used by HUD to determine the acceptability of the
requests for capital advance assistance.
Form Number: HUD-92016-CA
Respondents: Nonprofit Organizations.
Frequency of Submission: Annually.
Reporting Burden:
----------------------------------------------------------------------------------------------------------------
Number of Frequency of Hours per Burden
respondents X response X response = hours
----------------------------------------------------------------------------------------------------------------
Application package..................... 400 1 41.2 14,960
----------------------------------------------------------------------------------------------------------------
Total Estimated Burden Hours: 14,960.
Status: Reinstatement with Change.
Contact: Margaret F. Milner, HUD (202) 708-4542, Joseph F. Lackey,
Jr., OMB (202) 395-7316.
Dated: May 24, 1995.
Section 202 Application Submission Requirements, OMB No. 2502-0462
A. Supporting Statement
1. Need for Information
The Section 811 program, amended by the National Affordable Housing
Act (NAHA) of 1990 and the Housing and Community Development Act of
1992, provides capital advances to nonprofit organizations to expand
the supply of supportive housing for persons with disabilities. In
order to ensure that only eligible nonprofit organizations are
selected, it is important to obtain information from prospective
applicants to assist HUD in determining if they have the administrative
capacity to develop such a project and whether the project design and
supportive services plan meet the needs of the residents. These factors
are critical in meting statutory requirements and in protecting the
Department's financial interest in projects funded under this program.
In keeping with the Department's commitment to streamline the
Section 811 application submission package, the Department met with
representatives of Section 811 nonprofit organizations, housing
consultants and other program staff to discuss ideas for revamping the
Section 811 application submission package to make it less burdensome
to Section 811 applicants without compromising the Federal Government's
financial interest in the project.
More recently, the Department held two working group sessions to
identify further ways to streamline the Section 811 program and make it
more consumer friendly. The working groups consisted of Sponsors of
Section 811 projects and HUD staff. Additionally, the Department
conducted a Section 811 consumer forum in which program beneficiaries,
primarily disabled residents and potential residents, expressed their
concerns about the quality of living in existing Section 811 projects
and provided ideas for improving the program and projects. The
supporting justification as contained herein reflects the results of
the Department's meetings and telephone conversations with the private
sector and HUD program staff.
The Section 811 application submission package for the fund
reservation was approved by OMB under No. 2502-0462 which expired in
December 1994. The Department is requesting reinstatement of OMB No.
2502-0462 to permit the Department to collect the information
identified in this submission.
The Department has an on-going commitment to identify ways to
simplify the process by which the Section 811 program is administered
(including the application submission requirements) so that is can be
more consumer friendly. Because of this commitment, the Department
wanted greater participation from the private sector in revising the
program. To accomplish this, additional time was needed to arrange for
and conduct the various working group sessions with the private sector
and other program staff, and to evaluate the recommendations resulting
from these sessions. As a result of this public-private effort, the
Department was unable to make the final revisions to the application
submission package prior to the OMB expiration date.
Based on our previous years' experience, the Department receives
far more applications than available resources can fund. In Fiscal Year
(FY) 1994, the Department received 383 applications requesting some
5,037 units of housing and could only select for funding 222
applications for some 2,783 units of housing.
Because the Department has continued to reduce program requirements
at the fund reservation stage and because the program provides for
capital advances (in lieu of loans), the Section 811 program is
expected to attract more nonprofit organizations. It is anticipated
that the number of applications received will exceed those received in
FY 1994. In view of the highly competitive nature of the Section 811
program, it is necessary to have the response comply with prescribed
application requirements in order to form a basis for HUD's evaluation
in selecting applications.
The application submission requirements, summarized below, were
developed after much consultation with the professionals in the field
of providing housing for persons with disabilities and were intended to
not only reduce the paperwork burden to the nonprofit applicants but to
minimize their front-end expenditures in putting together an
application package. This is important because only a small percentage
of the universe of applications received ultimately are funded.
Contents of Application Package
The contents of the Application for a Section 811 Fund Reservation
have been reorganized and reduced from five parts and 24 exhibits to
four parts and 11 exhibits. Included with the 11 exhibits are six
prescribed forms; five are required and one is optional.
There are 17 certifications in the application package. Twelve of
the certifications have been combined into [[Page 29636]] a single
document as a convenience to the applicant. The four components of the
application submission package are:
Part 1--Application for Section 811 Supportive Housing--Capital Advance
Part 2--Sponsor's Ability to Develop and Operate the Proposed Project
Part 3--Need for Supportive Housing for Persons with Disabilities in
the Area to be Served, Extent to Which Sponsor has Site Control,
Suitability of Site, and the Design of the Project
Part 4--General Application Requirements and Certifications
All of the required application exhibits are specifically
identified in Section 890.265(b) of the Section 811 regulations, as
amended.
2. The Section 811 application submission requirements are
necessary to assist HUD in determining an applicant's eligibility and
capacity to develop housing for persons with disabilities consistent
with prescribed statutory and program criteria. A thorough evaluation
of an applicant's qualifications and capabilities is critical in
protecting the Federal Government's financial interest and to mitigate
any possibility of fraud, waste or mismanagement of public funds.
The procedures for information collection requires the prospective
applicant to submit its Section 811 application to the appropriate
local HUD Office by the nationally established deadline date (usually
between March and June). Local HUD Offices evaluate applications based
on established criteria (identified in Section 890.300 of the
regulations), rate the applications and make selection recommendations
to Headquarters (usually by the first week of September). Applicants
are notified of selection or nonselection generally by September 30.
This process occurs once a year.
The purpose and use of the four components of the application
exhibits are briefly described below:
(a) Part 1--Application for Section 811 Supportive Housing--Capital
Advance
Exhibit 1: This exhibit requires applicants to submit Form HUD-
92016-CA, Request for Section 811 Fund Reservation--Summary
Information. This is a relatively new form which replaced Form HUD-
92013, Application for Multifamily Housing Project, at the fund
reservation stage. Form HUD-92016-CA was specifically designed to
require the minimum information needed about the project for HUD review
at this stage. The form identifies the applicant and its known
development team members as well as collects basic information with
regard to the proposed project's characteristics. It is used by HUD
staff to obtain basic information regarding the proposed project.
(b) Part 2--Sponsor's Ability to Develop and Operate the Proposed
Project
Exhibit 2: This Exhibit requests the submission of organizational
documents, IRS tax exemption ruling, and a Resolution, which also
includes a listing of all officers and directors, concerning Conflict
of Interest to assure that no officer or director has a financial
interest in the project. It is important to note that not all
applicants will have to submit all of the information asked for in this
exhibit. Applicants who have received a Section 811 fund reservation
within the last three funding cycles are not required to submit their
organizational documents and IRS tax exemption rulings. Instead, these
applicants must submit only the project numbers of their latest
application and any modifications to these documents, if any.
Exhibit 3: This exhibit requests narrative descriptions of the
applicant's community ties, experience in operating rental housing
projects and its experience with programs other than housing such as
the provision of services. This information includes the applicant's
experience in serving persons with disabilities and minorities. This
information will assist HUD in determining the applicant's over-all
previous experience and capacity to operate the proposed project over
an extended period of time. This is consistent with the statute which
requires applicants to be selected on, among things, their ability to
develop and operate the proposed housing.
In addition, the statute requires the Department to take action to
ensure, among other things, that the supportive housing for persons
with disabilities facilitates their access to the community at large
and to suitable employment opportunities within such community. Also,
the application must provide evidence of the applicant's (or designated
service provider's) experience in providing supportive services as well
as the extent to which State and/or local funds are available to assist
in the provision of such supportive services. In order to assess the
applicant's ability to carry out these statutory requirements, the
applicant is required to submit a statement evidencing its ties to the
community, including the disabled community and minorities, in which
the proposed project is to be built as well as a statement regarding
its purposes and activities.
Under this part, the applicant also submits a narrative description
of its contracting experience with minority and women-owned businesses
pursuant to Executive Orders 11625, 12432 and 12138, as well as its
efforts to involve persons with disabilities, in the development of the
application and its intent to involve such persons in the development
of the project.
Included in this exhibit is a certified Resolution from the
applicant's Board acknowledging its responsibilities of sponsorship and
long-term support of the project, along with its willingness to fund
the minimum capital investment, estimated start-up expenses, and the
cost of any amenities or features that cannot be covered by the capital
advance.
It is important to note that many applicants will experience some
relief of paperwork burden in preparing this exhibit because applicants
that have participated in prior funding competitions will be able to
utilize information and exhibits from previously prepared applications.
Some examples include information regarding previous experience in the
provision of housing and services, supportive services plan, community
ties, and experience serving minorities.
(c) Part 3--Need for Supportive Housing for Persons With Disabilities
in the Area To Be Served, Extent to Which Sponsor Has Site Control,
Suitability of Site and the Design of the Project
Exhibit 4: This exhibit requires the applicant to (1) Identify the
proposed population and evidence demonstrating demand for the project;
(2) describe the project, including the building design and whether or
not the design will promote energy efficiency, (3) submit a supportive
services plan describing the supportive services needs, the manner in
which the services will be delivered, sources of funds to cover the
cost of services with a certification from the local entity that the
services are well designed; (4) justify any request to exceed the
project size limits; (5) provide information about the proposed site
(including environmental condition of the site) with evidence of site
control or at least identification of a site and proper zoning; and (6)
submit a copy of Form HUD-92013E, Supplemental Application Processing
Form (OMB 2502-0232) showing the services to be provided.
Information relative to the need for the housing, proposed
residents, supportive services, and project design is necessary to
determine (1) Whether [[Page 29637]] the applicant is proposing to
serve an eligible population, whether the applicant accurately assessed
the needs of the proposed residents, if the plan for the provision of
services is sufficient and will meet the needs of the residents since
supportive services are critical to the success of projects for the
disabled; and (2) that a project of the type proposed will accommodate
the needs of the disabled residents, will be compatible with and
integrated into the surrounding neighborhood, is marketable, and that
any increased number of persons to be served (above the administrative
limitations) is necessary for the economic feasibility of the project.
Information relative to the site is evaluated to determine that the
site is acceptable from an environmental and locational standpoint for
the intended use and that the applicant has control of the site or has
identified a site for which it feels it can gain control of within six
months from the fund reservation, if selected. It also is reviewed to
assure that proper zoning can be obtained. For sites identified but not
under the applicant's control, the applicant provides a narrative
description of the location and surrounding area which will assist HUD
in determining the suitability of the site before the applicant
purchases it.
Also, if an applicant proposes to develop and operate a group home
to be licensed as an Intermediate Care Facility for persons with
disabilities, then the applicant must provide additional information
regarding its commitment for Medicaid funding along with a commitment
that the State agency accepts responsibility to pay the tenant's
contribution towards rent in the Medicaid payment. HUD reviews this
information to assure that the group home (considering both services
and building design) will operate as a housing facility rather than be
medical in nature and that the residents will be enrolled in a
structured program outside the home for a period of time.
Information with respect to the promotion of an agency efficient
building design will be used to assist HUD in determining compliance
with the energy efficiency standards in accordance with Section 109 of
NAHA.
The information required under this exhibit is in accordance with
Section 811 of the NAHA.
(d) Part 4--General Application Requirements and Certifications
Exhibit 5: To assist HUD in determining if the applicant is over-
committed, the applicant submits for HUD's review a list of all Section
202 and Section 811 applications submitted for the current fiscal year
funding round, and a list of projects previously funded which have not
finally closed. This is information that an applicant that participated
in a prior year can easily update, if necessary, and resubmit for the
current year.
Exhibit 6: Form HUD-2880, Applicant/Recipient Disclosure/Update
Report (OMB No. 2525-0101), is required by Section 102 of the HUD
Reform Act of 1989. The applicant uses this form to disclose any other
government assistance that may be provided in connection with the
proposed project as well as to report its Social Security Numbers or
Employee Identification Numbers. This information assists HUD to ensure
that the applicant does not receive more assistance than is necessary
to develop and operate the proposed project.
Exhibit 7: This exhibit is a certification, to be completed by the
Section 202 applicant, that the application was submitted to the State
for its review or that the State was contacted and it was determined
that a State review was not required. This certification is required by
OMB in accordance with Executive Order 12372.
Exhibit 8: This is a Guide Form, titled Project Data on Occupancy,
Displacement and Real Property Acquisition (Form HUD-40087), and its
use is optional. An applicant, at its option, may use the form to
report information relative to the acquisition of property and the
relocation or displacement of occupants in cases where the applicant
proposes to acquire property which is occupied. This information is
consistent with the requirements of the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970, as amended.
In granting the previous approval to collect information under
2502-0462, OMB conditioned the approval on the correction of certain
forms, one, of which, was Form HUD-40087. OMB specified that the
Department must accurately reflect the burden in the disclosure
statement. This form is exempt from the burden disclosure requirements
because it is only a ``guide'' form to be used at the option of the
applicant. It is only included in the application package as a
convenience to the applicant. The applicant is not required to submit
this form. The information regarding any relocation activities may be
submitted in narrative form.
Exhibit 9: Information requested on Form SF-424, Application for
Federal Assistance (OMB No. 0348-0043), serves a dual purpose. Pursuant
to Executive Order 12372, the applicant submits this form to the State
which is used by the State to initiate the intergovernmental review
process. The applicant also uses the form to certify that it is not
delinquent on any Federal debt which is an OMB requirement.
Exhibit 10. The applicant provides the Form SF-LLL, Disclosure of
Lobbying Activities (OMB No. 0348-0046), to indicate if other than
federally appropriated funds have been or will be used to lobby the
Executive or Legislative branches of the Federal Government pursuant to
Title 31 U.S.C., Section 1352.
Exhibit 11. This exhibit represents the consolidation of the
following 12 certifications into a single document, thereby requiring
one signature for all. These certifications are required by
governmental actions, Executive Orders, etc. and are used to review the
applicant's intent to comply with the (1) Civil Rights, Fair Housing
and Equal Opportunity laws; (2) Drug-Free Workplace Act; (3) HUD's
design and cost standards including the Uniform Federal Accessibility
Standards and Section 504 of the Rehabilitation Act of 1973; (4)
acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended; (5) requirement to form an Owner after issuance of the capital
advance; (6) requirements of the Lead-Based Poisoning Prevention Act;
(7) Davis-Bacon Act Provisions; (8) requirement that the project be
consistent with the Consolidated Plan for the appropriate jurisdiction;
(9) Flood Disaster Protection Act of 1973; (10) National Environmental
Policy Act; (11) Anti-Lobbying Prohibition; and (12) requirement
regarding the truth and accuracy of the information contained in the
application.
Included in this exhibit also is a guide format for use by the
public official responsible for developing the Consolidated Plan to
indicate whether or not the proposed activities are consistent with the
Consolidated Plan or the previous year's Comprehensive Housing
Affordability Strategy (CHAS) if the Consolidated Plan has not yet
started.
In the absence of collecting the above information, the Department
would not be able to assess the worthiness of the applications,
determine whether the facilities and services meet statutory and
regulatory requirements, or make sound judgments regarding the
potential risk to the Government.
3. Each fiscal year (near the beginning of the funding cycle), HUD
issues a Notice pertaining to application [[Page 29638]] submission
requirements. During this process, the Department reevaluates the
application submission requirements to identify ways to reduce the
burden to the applicants. Because the Section 811 program had changed
drastically when it was converted to a capital advance program, the
Department made major revisions to the application package at that
time. More recently, in response to feedback from the professionals in
the field of developing Section 811 housing, the Department made
further major changes to streamline the program. This has resulted in
less paperwork for the applicants. Therefore, in revising the
application package, consideration was given to modifying it to require
the minimum of information needed by HUD to conduct the program in
accordance with the NAHA, statutory and regulatory requirements and, at
the same time, to establish a selection system which is equitable to
all participants.
The information described under Item 2 above represents the minimum
information acceptable to HUD. Further, as mentioned in Item No. 2
above, many applicants will experience a tremendous relief from
paperwork burden because they will not have to spend time preparing
``new'' information to complete an exhibit. In some cases, those
applicants that have participated in this program in the past will be
able to utilize previously submitted information.
4. No duplication exists, as there are no other forms or exhibits
used for the purposes specified under Item 2 herein. Individual
applications are evaluated and rated by HUD on the merits of the
responses submitted with the application. Each application is unique.
The information contained in each application relates to a particular
applicant proposing a specific project, design, site, etc., and, as
such, the information collected from applicants will be significantly
different per application.
Also, the Department implemented a new requirement which relieves a
previously funded applicant of the burden of submitting certain
documents (e.g., the organization's Articles of Incorporation, By-Laws
and IRS tax exemption ruling). Further, since FY 1991 when the program
was converted to a capital advance program, HUD has been reviewing and
modifying the application submission requirements to assure that only
necessary information is being requested of applicants. HUD has taken
into consideration suggestions made by the private sector in modifying
the application submission requirements.
5. Due to the highly competitive nature of the Section 811 program,
the application submission requirements were developed in a way to
minimize the front-end cost to the nonprofit applicant and only require
the minimum amount of information needed in HUD's evaluation. This is
important due to the fact that only a small percentage of the universe
of applications received ultimately get selected. For example, although
applicants may still obtain the services of a housing consultant,
information on the consultant is no longer required to be submitted at
this stage. HUD review and approval of the consultant will be done at a
later stage and only for those projects which are ultimately selected
for funding.
Also, eliminated at the fund reservation stage is the submission of
Form HUD-92530, regarding the applicant's previous participation in HUD
programs and Form HUD-92013 Supplement, Supplement to Application for
Multifamily Housing Project. The submission and review of these forms
have been deferred to a subsequent processing stage. Applicants no
longer have to submit sketches of the site plans which included typical
unit and floor plans, making it unnecessary for an applicant to have to
obtain input from an architect at this stage. Other major documents
recently eliminated at this stage are the applicant's financial
statements and a narrative description of the applicant's financial
history. The elimination of these documents will result in a tremendous
relief of paperwork burden to small and minority applicants.
The Department has consolidated several of the certification forms
into a single document for the applicant's convenience.
Also, the Department has prepared sample Application Packages which
include all the required forms and materials necessary to put together
an Application Package. The sample Application Packages will be made
available to all applicants well in advance of the deadline date for
submission of applications.
Local HUD Offices are required to conduct workshops to provide
needed guidance to applicants in preparing the application packages. In
an effort to assist the small sponsoring organizations as well as
first-time applicants, HUD staff also conducts pre-workshops especially
designed for them.
In addition to the above, HUD recognizes that some applicants, who
are sincerely interested in providing housing, may lack the staff and
other resources to develop such a project. Therefore, in recognition of
the need for these applicants to use the services of professional
housing consultants, HUD permits a reasonable fee for consultant's
services to be included in the Section 811 capital advance. The
consultant may assist the applicant in preparing the Application
Package to request a Section 811 Capital Advance and throughout the
final development of the project should the applicant be selected for
funding.
6. Currently, the information collection activities occur annually
to coincide with the receipt of annual fiscal year appropriations for
the program. Each year, Congress appropriates funds with which to
select new applications. HUD, in turn, invites applications and makes
selections based on the funds available for the year. These funds are
normally exhausted at the end of each fiscal year. The Section 811
regulations require HUD to publish a Notice of Fund Availability (NOFA)
in the Federal Register when such funds are made available by Congress.
The regulations also require HUD to specify a deadline date for receipt
of applications. In order for HUD to accept an application, the
application must have been submitted in response to a specific NOFA and
Invitation requesting such an application and by the closing date
stated in the Invitation. As the funding cycle for the program occurs
annually, including the Invitations for Applications, it is not
possible to require the submission of this information less frequently.
7. Part 5 CFR 1320.6 lists 10 items that OMB will not approve for
information collection, unless it can be demonstrated that the
collection of information is necessary to satisfy statutory
requirements or other substantial need.
This request for information is consistent with the guidelines
under 5 CFR 1320.6 with the exception of one item. Subparagraph (c) of
the above CFR indicates OMB's disapproval of requiring respondents to
submit more than an original and two copies of any document. HUD
requires applicants to submit an original and four copies of the
Section 811 Application. The changes to the application submission
requirement resulted in a better organized Application Package. As the
program is administered on an annual basis, processing of the
application must be accomplished in an expeditious manner in order that
decisions regarding selections of applications and reservations of
funds can be made prior to the end of the fiscal year (September
30). [[Page 29639]]
During the course of processing the applications, eight HUD
technical disciplines are involved in the review process: staff from
Valuation, Architectural and Engineering, Housing Management, Fair
Housing and Equal Opportunity, Economic and Market Analysis, Community
Planning and Development, the Multifamily Housing Representative and
the Office Counsel. These HUD staff members are required to comment on
the approvability of each application received.
Because of the (1) Various HUD staff involved in the review
process, (2) tremendous volume of applications received each fiscal
year, and (3) the commitment to obligate funds by the fiscal year-end,
HUD requires concurrent reviews of the applications by the
aforementioned HUD staff to assure prompt processing with minimum
interruption. For example, additional information or clarification is
often needed from applicants to permit HUD to make a fair and complete
review. The requirement for simultaneous reviews promotes a more
efficient, time-saving method to provide applicants a single
notification regarding all deficiencies noted as a result of a full
review from each HUD technical discipline.
HUD needs more than an original and two copies of the application
in order to carry out the above procedures for concurrent reviews.
8. This OMB request is the result of on-going telephone
conversations, meetings and workshops HUD staff recently held with
Section 811 nonprofit Sponsors, housing consultants, disabled residents
and potential residents, and other interested HUD program staff. The
Department consulted with various housing professionals representing
the types of Sponsors that generally participate in the Section 811
program; i.e., minority organizations, small organizations and
nonminority organizations. Following is a list of some of the housing
professionals (Housing Consultants and Section 811 Sponsors) that HUD
consulted with by telephone, meetings and/or workshop sessions:
Judy Ponds, Housing Services, 1234--4th Street, SW, Washington, DC
20024, (202) 488-1639
Nick Smyrnis, AHEPA Management Corp., 7202 N. Shadeland Ave.,
Indianapolis, IN, (317) 845-3410
Sam Simmons, National Center on Black Aged, 1424 K Street, NW, Suite
500, Washington, DC 20005 (202) 637-8400
Mark Olshan, B'nai B'rith, 1640 Rhode Island Avenue, NW, Washington, DC
20036, (202) 857-6580
Alan Patricio, P.O. Box 53274, Atlanta, GA 30355, (404) 237-9877
Joe Howell, 815--15th Street, NW, Washington, DC 20005, (202) 393-3044
Randy Speaker, Bank IV Towers, 534 Kansas Avenue, Suite 910, Topeka, KS
66603, (913) 232-8338
Jane Graf, Mercy Charities Housing, 1028A Howard Street, San Francisco,
CA 94103, (415) 487-6825
Harrison Joseph, Nat'l Baptist Convention, 338 Washington Street,
Newark, OH 43005, (614) 258-7998
Tom Slemmer, Nat'l Church Residences, 2335 N. Bank Drive, (614) 451-
2151
Don Redfoot, American Assn. for Retired Persons, 601 E Street, NW,
Washington, DC 20049, (202) 434-2277
Jose Fabregas, CODEC, Inc., 300 SW 12th St., Suite A, Miami, FL 33130,
(305) 642-1361
Additionally, inasmuch as this OMB request is submitted in
accordance with 24 CFR 890.265, as amended, the promulgation procedure
for regulations allows sufficient participation by outside agency
contacts to review and comment on the application materials.
9. HUD does not assure confidentiality.
10. The application submission requirements do not contain any
sensitive questions.
11. Provide estimates of annualized cost to the Federal Government
and to the respondents.
(a) Estimate of Cost to Federal Government: Inasmuch as the
majority of the work involved in reviewing the applications is
performed at the local HUD Office level, the significant costs
attributable to the promulgation of the application requirements will
be the cost involved in reviewing the information submitted by
applicants. Outstanding program procedures require the following
reviews performed by the various local HUD Office staff. The cost to
the Federal Government is based on an average salary at the GS-12
level, except for the Office Counsel and the Clerical Assistant which
is at the GS-14 and GS-7 levels, respectively. Also, included is the
cost associated with the preparation and printing of the HUD
Application Package for use by the applicants in putting together their
individual Application Packages.
Reviews
------------------------------------------------------------------------
Total time
per
HUD staff application Hourly rate Total
(hours)
------------------------------------------------------------------------
Multifamily housing
representative................ 3 $22 $66
Architectural.................. 1 22 22
Valuation...................... 3 22 66
Economic and market analysis... 1 22 22
Fair housing and equal
opportunity................... 1 22 22
Housing management............. 1 22 22
Community planning and
development................... 1 22 22
Field office counsel........... 3 31 93
Clerical assistant............. 0.5 13 6.5
----------------------------------------
Total staff time--per
application............. 14.5 ........... 341.5
Total annual number of
responses............... ............ ........... * x 400
----------------------------------------
Total annual staff time
cost to government...... ............ ........... 136,600
Other Cost for All
Applications:
Printing/reproducing HUD
application package (400
copies)................... ............ ........... 500
Postage (400 copies x
$3.00).................... ............ ........... 1,200
Multifamily clearinghouse
(mailing services)........ ............ ........... **5,000
----------------------------------------
Total other cost......... ............ ........... 6,700
Total estimated annual
cost to government...... ............ ........... 143,300
------------------------------------------------------------------------
*See Item 12 below for an explanation.
**The Department now utilizes the services of a Multifamily
Clearinghouse to maintain a national mailing list for Section 811
Applications and to mail out the applications. Most applicants will
receive their packages through the mail. However, some applicants will
be handed copies of the Application Packages at the HUD-held
workshops.
[[Page 29640]] (b) Estimate of Cost to Respondents: In estimating
the cost to the applicants, it should be noted that in order to comply
with the revised program requirements, the applicant may retain an
attorney. In addition, as many nonprofit organizations do not have in-
house expertise or staff to develop an application, a housing
consultant is usually hired by the applicant. The applicant is a
nonprofit organization and as such provides its services at no cost. In
view of this, the following illustrates the estimated cost to the
public:
Housing consultant ($40 per hour)............................ $1,076
Applicant (sponsor).......................................... (**)
Attorney..................................................... 1,000
----------
Total cost per respondent.............................. $2,076
Total annual number of responses....................... * x 400
----------
Total estimated annual cost for all applicants......... 830,400
*See Item 12 below for an explanation.
**Probono.
This reflects a slight decrease in the cost per applicant from the
previous OMB submission. Beginning this year, the Department is
requiring the applicant to include as part of Exhibit 4 information
about the environmental condition of the proposed site. An adjustment
was made to take into consideration the additional time and cost that
will be incurred by the applicant to inspect the proposed site for this
purpose. Also, an adjustment was made to the burden hour time
associated with Form HUD-92013E, Supplemental Application Processing
Form--Housing for the Elderly, to comply with OMB's conditions for
approval. However, these adjustments (increases) are offset by the
reduction of burden hour time associated with the elimination of the
financial documents.
It should be noted that many professionals work on a retainer basis
and if the application does not obtain HUD approval, they do not
collect a fee. The figures presented above are based on our own
experience, as well as consultation with housing professionals in the
field of housing persons with disabilities.
12. Although for Fiscal Year 1994 HUD received 383 Section 811
applications, it is anticipated that because the Department has further
simplified the application submission requirements coupled with the
fact that the program provides capital advances in lieu of loans, the
number of applicants will slightly increase beyond the Fiscal Year 1994
level. It is anticipated that the level of activity will average 400
applications annually over the next three years. Although the program
funding cycle is on an annual basis, each prospective applicant could
submit more than one application. However, our estimate of time
involved is based on one application per applicant.
To assist the applicant in putting together an Application for a
Fund Reservation, the Department developed an Application Package
consisting of the information, forms and materials needed by the
applicant to assemble an application. The HUD Application Package,
which will be made available to all applicants, is expected to aid in
reducing the applicant's and housing consultant's time and effort in
putting together an application.
Given the above and using the categories presented in the
illustration in Item 11(b) above, the estimated amount of hours
involved in developing a complete application submission is as follows:
------------------------------------------------------------------------
Hours
------------------------------------------------------------------------
Housing consultant............................................ 26.9
Attorney...................................................... 2.0
Applicant (sponsor)........................................... 12.3
---------
Total................................................... 41.2
------------------------------------------------------------------------
These figures are based on HUD's experience, as well as
consultation with housing professionals in the field of housing persons
with disabilities.
This reflects a decrease of 4 hours from the previous OMB
submission (from 45.2 to 41.2 hours). This represents the net result of
adjusting the burden time associated with Form HUD-92013E, the exhibit
regarding project information to include an environmental review of the
site by the applicant and the elimination of the applicant's financial
documents.
A Tabulation of Annual Reporting Burden is shown in Table 1. It
should be noted that Exhibits 4, 6, 9 and 10 already have OMB
clearances as shown in the Table. These information collections are
common to many of our programs and our request for clearance was
calculated to include the burden associated for all program uses. The
burden shown in Table 1 for Exhibits 4, 6, 9 and 10, therefore,
reflects our estimate applicable to the Section 811 program. No
adjustment to the previously cleared Exhibits 4, 6, 9 and 10 is
required.
13. The primary reason for the increase of 1,160 in the total
burden hours (from 13,800 to 14,960) is due to a projected increase in
the total number of applicants expected to submit applications this
fiscal year (from 350 to 400). Also, an adjustment was to reduce the
applicant's burden time associated with the submission of financial
documents since this requirement has been eliminated. A minor
adjustment to the time reported for preparing Exhibit 4 was made to
include additional time an applicant will need to perform an
environmental inspection of the proposed site. In the past, most
applicants would generally inspect the site to determine its
acceptability for developing a project for persons with disabilities,
which included inspecting it for potential environmental problems.
However, because the Department is specifically requiring that an
environmental inspection be performed, we have adjusted the applicant's
burden time to include this function. Further, an adjustment was made
to Form HUD-92013E to provide for the 8 hour burden time as reported in
the disclosure statement on the form. Although there is a modest
increase in the total burden hours for all applicants, the net effect
of the above adjustments (which includes the reduction of time
associated with the elimination of the financial documents) resulted in
a slight reduction in the burden time per applicant.
15. Not applicable.
B. Collections of Information Employing Statistical Methods
Not applicable.
BILLING CODE 4210-27-M
[[Page 29641]]
[GRAPHIC][TIFF OMITTED]TN05JN95.021
[[Page 29642]]
[GRAPHIC][TIFF OMITTED]TN05JN95.022
[[Page 29643]]
[GRAPHIC][TIFF OMITTED]TN05JN95.023
[[Page 29644]]
[GRAPHIC][TIFF OMITTED]TN05JN95.024
[[Page 29645]]
[GRAPHIC][TIFF OMITTED]TN05JN95.025
[[Page 29646]]
[GRAPHIC][TIFF OMITTED]TN05JN95.026
[[Page 29647]]
[GRAPHIC][TIFF OMITTED]TN05JN95.027
[[Page 29648]]
[GRAPHIC][TIFF OMITTED]TN05JN95.028
[[Page 29649]]
[GRAPHIC][TIFF OMITTED]TN05JN95.029
[[Page 29650]]
[GRAPHIC][TIFF OMITTED]TN05JN95.030
[[Page 29651]]
[GRAPHIC][TIFF OMITTED]TN05JN95.031
[[Page 29652]]
[GRAPHIC][TIFF OMITTED]TN05JN95.032
[[Page 29653]]
[GRAPHIC][TIFF OMITTED]TN05JN95.033
[[Page 29654]]
[GRAPHIC][TIFF OMITTED]TN05JN95.034
[[Page 29655]]
[GRAPHIC][TIFF OMITTED]TN05JN95.035
[[Page 29656]]
[GRAPHIC][TIFF OMITTED]TN05JN95.036
[[Page 29657]]
[GRAPHIC][TIFF OMITTED]TN05JN95.037
[[Page 29658]]
[GRAPHIC][TIFF OMITTED]TN05JN95.038
[[Page 29659]]
[GRAPHIC][TIFF OMITTED]TN05JN95.039
[[Page 29660]]
[GRAPHIC][TIFF OMITTED]TN05JN95.040
[[Page 29661]]
[GRAPHIC][TIFF OMITTED]TN05JN95.041
[[Page 29662]]
[GRAPHIC][TIFF OMITTED]TN05JN95.042
[[Page 29663]]
[GRAPHIC][TIFF OMITTED]TN05JN95.043
[[Page 29664]]
[GRAPHIC][TIFF OMITTED]TN05JN95.044
[[Page 29665]]
[GRAPHIC][TIFF OMITTED]TN05JN95.045
[[Page 29666]]
[GRAPHIC][TIFF OMITTED]TN05JN95.046
[[Page 29667]]
[GRAPHIC][TIFF OMITTED]TN05JN95.047
[[Page 29668]]
[GRAPHIC][TIFF OMITTED]TN05JN95.048
[[Page 29669]]
[GRAPHIC][TIFF OMITTED]TN05JN95.049
[[Page 29670]]
[GRAPHIC][TIFF OMITTED]TN05JN95.050
[FR Doc. 95-13602 Filed 6-2-95; 8:45 am]
BILLING CODE 4210-27-C
