96-17258. FY 1996 Funding Availability for HUD-Approved Housing Counseling Agencies  

  • [Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
    [Notices]
    [Pages 35906-35913]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17258]
    
    
    
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    Part V
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Office of Assistant Secretary for Housing--Federal Housing Commissioner
    
    
    
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    FY 1996 Funding Availability for HUD-Approved Housing Counseling 
    Agencies; Notice
    
    Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / 
    Notices
    
    [[Page 35906]]
    
    
    
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner
    [Docket No. FR-4073-N-01]
    
    
    FY 1996 Funding Availability for HUD-Approved Housing Counseling 
    Agencies
    
    AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner, HUD.
    
    ACTION: Fiscal year 1996 notice of funding availability for HUD-
    approved housing counseling agencies.
    
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    SUMMARY: This notice announces the availability of Fiscal Year (FY) 
    1996 funding from the U.S. Department of Housing and Urban Development 
    (HUD) for HUD-approved housing counseling agencies to provide housing 
    counseling to homebuyers, homeowners, and renters. HUD announces the 
    availability of up to $10.5 million dollars for housing counseling 
    services through this Notice of Funding Availability (NOFA). All 
    housing counseling agencies approved by HUD as of the publication date 
    of this NOFA may apply for FY 1996 funding. This includes: (1) multi-
    State, regional, or national intermediary organizations, and (2) local 
    housing counseling agencies that do not elect to affiliate with a HUD-
    approved intermediary organization.
        This NOFA contains additional information on the purpose and 
    background of the NOFA and funding levels available to local counseling 
    agencies and intermediary organizations respectively; eligible 
    activities and funding criteria; and application requirements and 
    procedures.
    
    DATES: Completed applications must be submitted no later than 4:00 p.m. 
    local time on August 7, 1996. As further described below, any completed 
    application must be physically received by this deadline date and hour 
    at the appropriate local HUD office (for local applicants) or at the 
    Office of Housing, Department of Housing and Urban Development, 451 7th 
    Street, SW, Room 9282, Washington D.C. 20410 (for national, regional or 
    multi-State applicants). In the interest of fairness to all applicants, 
    late applications will be treated as ineligible for consideration. 
    Applicants should take this requirement into account and make early 
    submission of their applications to avoid loss of eligibility brought 
    about by any unanticipated delays or other delivery-related problems. 
    It is not sufficient for an application to be postmarked within the 
    deadline. Applications sent by facsimile (FAX) will not be accepted. 
    HUD will not waive this submission deadline for any reason.
    
    ADDRESSES: For local housing counseling agency applicants: An original 
    and two copies of the completed application must be submitted to the 
    local HUD office having jurisdiction over the locality or area in which 
    the proposed program is located. These copies should be sent to the 
    attention of the Single Family Division Director, and the envelope 
    should be clearly marked, ``FY 1996 Counseling Application''. A list of 
    Single Family Division Directors and local HUD Offices appears at the 
    end of this NOFA. Failure to submit an application to the correct 
    office in accordance with the above procedures will result in 
    disqualification of the application.
        For national, regional and multi-State housing counseling agencies: 
    An original and two copies of the completed application must be 
    submitted to the person listed below in HUD Headquarters. The envelope 
    should be clearly marked, ``FY 1996 Counseling Application.''
    
    FOR FURTHER INFORMATION CONTACT: Joan Morgan, Chief, Product 
    Development and Special Projects Branch, Office of Housing, Department 
    of Housing and Urban Development, 451 7th Street, SW, Room 9272, 
    Washington D.C. 20410; telephone (202) 708-0614, extension 2213 
    (voice), or (202) 708-4594 (TTY number). (These are not toll-free 
    numbers.)
    
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act Statement
    
        The information collection requirements contained in this NOFA have 
    been approved by the Office of Management and Budget, under section 
    3504(h) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), 
    and assigned OMB control number 2502-0261. 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.
    
    I. Purpose and Substantive Description
    
    A. Authority and Purpose
    
        HUD's housing counseling program is authorized under section 106 of 
    the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x). The 
    purpose of the program is to promote and protect the interests of 
    housing consumers participating in HUD and other housing programs, as 
    well as to help protect the interests of HUD and mortgage lenders. The 
    Housing Counseling program is generally governed by HUD Handbook 
    7610.1, REV-4, dated August 9, 1995.
        Section 106 authorizes HUD to provide counseling and advice to 
    tenants and homeowners with respect to property maintenance, financial 
    management, and such other matters as may be appropriate to assist 
    tenants and homeowners in improving their housing conditions and in 
    meeting the responsibilities of tenancy and homeownership. In addition, 
    HUD-approved counseling agencies are permitted and encouraged by HUD to 
    conduct community outreach activities and provide counseling to 
    individuals with the objective of increasing awareness of homeownership 
    opportunities and improving access of low and moderate income 
    households to sources of mortgage credit. HUD believes that this 
    activity is key to the revitalization and stabilization of low income 
    and minority neighborhoods.
        Under the housing counseling program, HUD contracts with qualified 
    public or private nonprofit organizations to provide the services 
    authorized by the statute. When Congress appropriates funds for this 
    purpose, HUD announces the availability of such funds, and invites 
    applications from eligible agencies, through a notice published in the 
    Federal Register. Currently there are 705 HUD-approved local housing 
    counseling agencies with 386 Branch Offices and 10 HUD-approved 
    intermediary organizations. Annually, all HUD-approved agencies are 
    eligible to apply for housing counseling grants. However, an agency 
    that is approved by HUD does not automatically receive HUD funding, and 
    HUD expects that all counseling agencies will continually work to 
    develop other funding resources. In FY '95, 240 HUD-approved local 
    housing counseling agencies and 5 HUD-approved national/regional/multi-
    state housing counseling agencies received funding from HUD.
    
    B. Allocation Amounts
    
        Twelve million dollars ($12 million) has been appropriated from the 
    1996 Appropriations Act, P. L. 104-134, 110 Stat. 1321, approved April 
    26, 1996 for this program. Of this amount, $10.5 million is being made 
    available under this NOFA for lump-sum, performance-based grants, as 
    defined at 24 CFR part 84, subpart E. Approximately $4 million is being 
    set aside to fund national, regional and multi-State organizations that 
    apply for funding under this NOFA. No national, regional, or multi-
    State agency may receive more than $1
    
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    million. Approximately $6.5 million has been made available for grants 
    to local HUD approved housing counseling agencies, and it has been 
    allocated to each of the 10 HUD geographical areas (formerly Regions) 
    by a formula that gives equal weight to the percentage of HUD insured 
    single family mortgage defaults within each geographical area as of 
    September 30, 1995, compared to the nationwide total and the percentage 
    of first-time homebuyers that were approved for FHA-insured mortgages 
    by geographical area during FY 1995 compared to the nationwide total 
    for that period. This formula reflects the increased emphasis that HUD 
    is placing on the expansion of homeownership opportunities for first-
    time homebuyers. For FY 1996, no individual local housing counseling 
    agency may be awarded more than $100,000.
        Allocations for use in local agency programs, by HUD geographical 
    area, are estimated as follows:
    
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                                                               Default data                                      First-time Homebuyer Data                  
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               Geographical areas                                                                               Nat'l. 1st                                  
                                                  No. of      Nat'l defaults    Allocation      No. of 1st        timers        Allocation         Total    
                                                 defaults        (Percent)        amount          timers         (Percent)        amount        allocation  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    New England.............................           2,836            1.95          63,465          11,887            3.26         105,959         169,424
    NY/NJ...................................          11,853            8.16         265,252          23,034            6.32         205,322         470,573
    Mid-Atlantic............................          16,502           11.36         369,289          41,427           11.36         369,274         738,563
    SE/Caribbean............................          36,049           24.82         806,721          72,746           19.95         648,447       1,455,168
    Midwest.................................          23,087           15.90         516,651          63,812           17.50         568,811       1,085,462
    Southwest...............................          19,834           13.66         443,854          40,238           11.04         358,676         802,530
    Great Plains............................           4,102            2.82          91,796          14,671            4.02         130,775         222,572
    Rocky Mts...............................           3,607            2.48          80,719          21,014            5.76         187,316         268,035
    Pac/Hawaii..............................          24,685           17.00         552,412          62,277           16.25         555,128       1,107,540
                                                                                                                                                            
    NW/Alaska...............................           2,674            1.84          59,840          13,495            3.70         120,292         180,132
                                             ---------------------------------------------------------------------------------------------------------------
        Totals..............................         145,229             100       3,250,000         364,601             100       3,250,000       6,500,000
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        An allocation of $1.5 million in program funding has been set aside 
    for Housing Counseling support which may include: Continuation of the 
    Housing Counseling Clearinghouse, 800 service to provide information to 
    the public regarding local HUD-approved housing counseling agencies, 
    and/or other HUD counseling initiatives.
        If funds remain after HUD has funded all approvable grant 
    applications in a HUD geographical area, or if any funds become 
    available due to deobligation, that amount shall be reallocated and 
    used in keeping with the statute and in a manner that will improve the 
    delivery of housing counseling service nationwide.
    
    C. Eligible Applicants
    
        1. General. There are two types of HUD-approved organizations that 
    are eligible to submit applications pursuant to this NOFA: (1) 
    national, regional, or multi-State housing counseling organizations 
    (also known as ``intermediaries'' or ``umbrella groups''); and (2) 
    local housing counseling agencies.
        National, regional, and multi-State nonprofit, intermediary 
    organizations must identify all their proposed affiliates in their 
    application. These intermediaries must assure that their proposed 
    affiliates are unique to their team and will not undertake a separate 
    application for funds either as an affiliate of another intermediary or 
    directly as a HUD-approved local counseling agency. Should any 
    duplication occur, both the intermediary organization and the local 
    agency involved will automatically be ineligible for further 
    consideration to receive FY 1996 housing counseling funds. In addition, 
    an intermediary-applicant must also assure that it has executed a sub-
    agreement with its affiliates that clearly delineates their mutual 
    responsibilities for program management, incorporating appropriate 
    timeframes for reporting results to HUD.
        Once funded, the national, regional, and multi-State intermediaries 
    will be given broad discretion in implementing their housing counseling 
    programs. On behalf of HUD, the intermediaries will act as managers in 
    the housing counseling process and, as such, may determine funding 
    levels and counseling activity for each of their affiliates, except 
    that no single affiliate may receive more than $100,000. HUD will hold 
    the intermediary organization accountable for the performance of its 
    affiliates.
        Local counseling agencies may apply either directly to HUD for 
    funding, or as a part of an affiliated intermediary network. Since 
    continuation of funding for housing counseling activities as a separate 
    and discrete program for FY 1997 and thereafter is not guaranteed, HUD 
    encourages local agencies to consider affiliating with a larger entity 
    as one avenue of possible future funding and support for local 
    programs. Local housing counseling agencies that are not currently HUD-
    approved may receive FY 1996 funding only as an affiliate of a HUD-
    approved national, regional, or multi-State intermediary's application 
    for FY 1996 funds. In this instance, the intermediary organization must 
    certify that the quality of services provided will meet, or exceed, 
    standards for local HUD-approved agencies.
        2. Civil Rights Prerequisites. Applicants that fall into any one of 
    the following categories will be ineligible for funding under this 
    NOFA:
        a. The Department of Justice has brought a civil rights suit 
    against the applicant and the suit is pending;
        b. There has been an adjudication of a civil rights violation in a 
    civil action brought against the applicant by a private individual, 
    unless the applicant is operating in compliance with a court order, or 
    implementing a HUD-approved compliance agreement designed to correct 
    the areas of noncompliance;
        c. There are outstanding findings of noncompliance with civil 
    rights statutes, Executive Orders or regulations as a result of formal 
    administrative proceedings, or the Secretary has issued a charge 
    against the applicant under the Fair Housing Act, unless the applicant 
    is operating under a conciliation or compliance agreement designed to 
    correct the areas of noncompliance; or
        d. HUD has deferred application processing by HUD under one of the 
    following authorities:
        i. Title VI of the Civil Rights Act of 1964 and the implementing 
    guidelines of the Attorney General (28 CFR 50.3) and the HUD 
    regulations (24 CFR 1.8);
    
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        ii. Section 504 of the Rehabilitation Act of 1973 and the HUD 
    section 504 regulations (24 CFR 8.57);
        iii. Executive Order 11063, as amended by Executive Order 12892 and 
    HUD regulations (24 CFR Part 107);
        iv. Title II of the Americans with Disabilities Act of 1990 and 
    applicable regulations (28 CFR Part 36); or
        v. The Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and 
    implementing regulations (24 CFR Part 146).
        3. Requirements Applicable to Religious Organizations. Where the 
    applicant is, or proposes to contract with, a primarily religious 
    organization, or a wholly secular organization established by a 
    primarily religious organization, to provide, manage, or operate a 
    housing counseling program, the organization must undertake its 
    responsibilities under the counseling program in accordance with the 
    following principles:
        a. It will not discriminate against any employee or applicant for 
    employment under the program on the basis of religion and will not 
    limit employment or give preference in employment to persons on the 
    basis of religion;
        b. It will not discriminate against any person applying for 
    counseling under the program on the basis of religion and will not 
    limit such assistance or give preference to persons on the basis of 
    religion; and
        c. It will provide no religious instruction or religious 
    counseling, conduct no religious services or worship, engage in no 
    religious proselytizing, and exert no other religious influence in the 
    provision of assistance under the housing counseling program.
    
    D. Eligible Activities
    
        Eligible activities will vary depending upon whether the applicant 
    is a HUD-approved local counseling agency or a HUD-approved national, 
    regional, or multi-State housing counseling intermediary.
        1. Local Housing Counseling Agencies. Local housing counseling 
    agencies funded under this NOFA may use HUD funds to deliver 
    comprehensive housing counseling or to specialize in the delivery of 
    particular housing counseling services according to the housing needs 
    they identified for their target area in the plan that was previously 
    approved by HUD. HUD recognizes that local housing counseling agencies 
    may offer a wide range of services, including:
        a. Renter assistance, including information about rent subsidy 
    programs, rights and responsibilities of tenants, lease and rental 
    agreements, etc.;
        b. Outreach initiatives, including providing general information 
    about housing opportunities within the community and providing 
    appropriate information to persons with disabilities;
        c. Pre-purchase homeownership counseling, covering such issues as 
    purchase procedures, mortgage financing, downpayment/closing cost fund 
    accumulation, accessibility requirements of the property--if 
    appropriate, credit improvement, debt consolidation, etc.;
        d. Post-purchase counseling, including such issues as property 
    maintenance, personal money management, home equity conversion 
    mortgages, etc.; or
        e. Mortgage delinquency and default resolution, including 
    restructuring debt, arrangement of reinstatement plans, loan 
    forbearance, loss mitigation, etc.
        HUD-funded local counseling agencies may elect to offer their 
    services to a wide range of clients or may elect to serve a more 
    limited audience. Potential clients include: renters; potential 
    homebuyers; homeowners eligible for and applying for HUD-related, VA, 
    FmHA (or its successor agency), State, local, or conventionally 
    financed housing or housing assistance; or persons who occupy such 
    housing and seek the assistance of a HUD-approved housing counseling 
    agency to resolve a housing need (including the need of a person with a 
    disability for accessible housing) or problem. Local housing counseling 
    agencies may elect to offer this assistance in conjunction with any HUD 
    housing program but must be familiar with FHA's single family and 
    multifamily housing programs.
        2. National, Regional, or Multi-State Counseling Intermediaries. 
    The primary activity of national, regional, or multi-State nonprofit 
    housing counseling intermediaries will be to manage the use of HUD 
    housing counseling funds, including the distribution of counseling 
    funding to affiliated local housing counseling organizations. Local 
    affiliates of the selected national, regional, or multi-State 
    counseling intermediaries are eligible to undertake any or all of the 
    housing counseling activities outlined above for the HUD-approved local 
    housing counseling agencies. The local affiliates receiving funding 
    through intermediaries do not need to be HUD-approved in order to 
    receive these funds from the intermediary. However, the national, 
    regional, or multi-State intermediary organization must be HUD-approved 
    as of the NOFA publication date.
    
    E. Selection Process
    
        1. Housing Counseling Agencies. All applications meeting the 
    requirements of this NOFA will be selected for funding within their 
    competitive category, if sufficient funds are available: (1) in the set 
    aside for National, Regional, or multi-State organizations, or (2) 
    within the HUD geographic allocation area for local housing counseling 
    agency applicants.
        a. Criteria/Ranking Factors. All applications will be rated and 
    ranked by staff in the appropriate local HUD Office and by the 
    Secretary's Representative in the appropriate State office. The 
    Secretary's Representative and the local HUD Office staff will use the 
    same criteria and ranking factors, as follows:
        i. Capability of the applicant as determined by HUD, including 
    competent delivery of counseling services and timely drawdown of any 
    HUD funds awarded in the prior Fiscal Year--up to 50 points (up to 45 
    points assigned by HUD's Housing staff; up to 5 points assigned by the 
    Secretary's Representative);
        ii. Adequacy of the activities proposed by the applicant in 
    response to housing needs identified in the applicant's housing 
    counseling plan as previously approved by HUD--up to 25 points (up to 
    20 points assigned by HUD's Housing staff; up to 5 points assigned by 
    the Secretary's Representative);
        iii. Evidence of private funding sources contributing to the 
    applicant's operating budget over the past calendar year--up to 15 
    points assigned by HUD's Housing staff; and
        iv. Evidence of current funding support from units of government 
    located within the target area which the applicant intends to serve--up 
    to 10 points.
        b. Selection Procedure. National, regional, and multi-State 
    applications will be rated and ranked in Headquarters and selected for 
    funding, in rank order, until all funds for such agencies are depleted. 
    Local agency applications will be reviewed by the Field Office and 
    assigned points under the selection criteria. Then the Field Office 
    will submit its recommendations for funding to HUD Headquarters for 
    final review, to ensure appropriate geographical distribution of 
    program funds and consistent application of the criteria described 
    above. HUD Headquarters will then rank the local agency applications 
    within the geographical areas and select for funding, in rank order, 
    all acceptable applications to the point at which all funds are 
    depleted.
    
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        i. Breaking a Tie. If two or more applications receive the same 
    number of points and sufficient funds are not available to fund all 
    such applications, first the application or applications requesting the 
    smallest grants will be selected, if a sufficient amount remains to 
    fund them. If two or more tied applications request the same amount and 
    sufficient funds are not available to fund all such applications, the 
    following system will be used to break the ties:
        A. If the tied applications are for programs to be carried out in 
    different jurisdictions, applications with the highest number of points 
    for the rating criterion a.ii. (adequacy of activities) stated above 
    will be selected, if sufficient funds remain.
        B. If the tied applications are to be carried out in the same 
    jurisdiction, applications with the highest number of points for the 
    rating criterion a.i. (capability) stated above will be selected, if 
    sufficient funds remain.
        ii. Reallocations. Funds remaining after applying the procedures 
    described in paragraph E.1.b. will be reallocated to fund the highest 
    ranking remaining applications without regard to their location.
        iii. Procedural Errors. Procedural errors by HUD discovered after 
    initial ratings, but before notification to Congress of selected 
    applicants, will be corrected and rankings will be revised.
        iv. Reductions. HUD will approve an application for an amount lower 
    than the amount requested or adjust line items in the proposed budget 
    within the amount requested (or both) if it determines that:
        A. The amount requested for one or more eligible activities is 
    unreasonable, unnecessary, or unjustified;
        B. An activity proposed for funding does not qualify as an eligible 
    activity;
        C. The applicant is not able to carry out all the activities 
    requested; or
        D. Insufficient amounts remain in that funding round to fund the 
    full amount requested in the application.
        v. Limitation of Geographic Scope. HUD may reduce the geographic 
    scope of the proposed program if it determines that:
        A. Two or more fundable applications substantially overlap; or
        B. The proposed geographic scope is overly large given the capacity 
    of the organization.
        2. National, Regional, and Multi-State Counseling Organizations. If 
    more applications are submitted to HUD Headquarters from national, 
    regional, and multi-State organizations that meet all the requirements 
    of this NOFA than can be funded with the amount allocated for this 
    purpose, they will be rated by staff in HUD Headquarters using the 
    above ranking criteria stated in paragraph 1.a., and the top-rated 
    applicants will be selected. Paragraphs 1. c.iii., c.iv., and c.v., 
    above also apply to the selection of national, regional, and multi-
    State counseling organizations.
        3. Notification of Approval or Disapproval. After completion of the 
    selection process, but no later than six months after the deadline date 
    for submission of the applications, as stated in this NOFA, HUD will 
    notify, in writing, the applicants that have been selected and the 
    applicants that have not been selected.
    
    F. Funding Levels
    
        Funding levels will be based on the amount authorized by the 
    Congress, geographical distribution as described above, the performance 
    record of each counseling agency as determined by HUD's analysis of 
    prior year counseling workload and results of the most recent biennial 
    performance review, competent delivery of counseling services and 
    timely drawdown of funds awarded, and the agency's needs, as specified 
    in the application according to its housing counseling plan previously 
    approved by HUD. In addition, applicants that can demonstrate 
    successful efforts to obtain non-HUD funding in their applications will 
    receive extra consideration in HUD's rating and ranking process. HUD 
    funding provided must be less than the total actual cost of the 
    agency's housing counseling program.
        1. Local Housing Counseling Agencies. HUD will fund local agencies 
    according to the budget submitted with the application, in an amount 
    not to exceed $100,000. Amounts requested by local housing counseling 
    agencies should reflect anticipated operating needs for housing 
    counseling activities, based upon counseling experience during the last 
    year and existing agency capacity. To the maximum extent possible, 
    local counseling agencies also must seek other private and public 
    sources of funding to supplement HUD funding. HUD never intends for its 
    counseling grant funds to cover all costs incurred by an agency 
    participating in the program.
        Local housing counseling agencies may use the HUD grant to 
    undertake any of the eligible counseling activities described in this 
    NOFA and included in their HUD-approved plan. FY 1996 housing 
    counseling grant funds also may be used for ``capacity building'' as 
    defined in this NOFA. Up to $4,000 of the grant amount may be used to: 
    purchase computer equipment that meets, or exceeds, HUD specifications; 
    enhance existing telephone service, such as purchasing 
    telecommunications equipment for the hearing-impaired (TTY) to serve 
    persons with hearing impairments (as an alternative to using the TTY 
    relay service); and install FAX machines. The Department will require 
    that all grantees funded in 1996 which do not currently have adequate 
    computer systems (and were not funded by HUD under the FY 1995 NOFA) 
    use all or a portion of their $4,000 capacity building portion of the 
    grant to purchase computer hardware according to HUD specifications. 
    Computer training for one staff person also may be paid from the $4,000 
    set-aside, as may training on how to use a TTY. Title to equipment 
    acquired by a recipient with program funds shall vest in the recipient, 
    subject to the provisions of 24 CFR part 84, subpart E. Agencies funded 
    under the FY 1995 NOFA already received an allocation of capacity 
    building funds and may not request additional capacity building funds 
    in 1996.
        2. National, Regional, or Multi-State Counseling Intermediaries. 
    The intermediary organization will distribute the majority of funds 
    awarded to their proposed local housing counseling affiliates. 
    Intermediaries should budget an amount which reflects their best 
    estimate of cost to oversee and fund these counseling efforts, as well 
    as the funding needs of their affiliates. Note that HUD housing 
    counseling funding is not intended to fully fund either the 
    intermediary's housing counseling program or the housing counseling 
    programs of the local affiliates. To the maximum extent possible, 
    intermediaries and their local affiliates are expected to seek other 
    private and public sources of funding for housing counseling to 
    supplement HUD funding.
        An intermediary may use up to $5,000 of its total grant amount for 
    capacity building expenses such as: purchasing computer equipment; 
    enhancing telephone service, such as purchasing telecommunications 
    equipment for the hearing-impaired (TTY) to serve persons with hearing 
    impairments (as an alternative to using TTY relay service); installing 
    FAX machines; and preparing or publishing counseling materials. If the 
    intermediary does not have an adequate computer system and was not 
    funded under the FY 1995 NOFA, the Department will require that the 
    $5,000 capacity building portion of the grant be used to purchase 
    necessary equipment meeting HUD specifications. Title to equipment 
    acquired by a recipient with program funds shall vest in the recipient, 
    subject to the provisions of 24 CFR part 84, subpart E. Intermediaries
    
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    funded under the FY 1995 NOFA may not request additional capacity 
    building funds in FY 1996.
        HUD will give the selected nonprofit intermediaries wide discretion 
    to implement the housing counseling program with their affiliates. The 
    intermediary may decide how to allocate funding among its affiliates 
    and may determine funding levels at or below $100,000 for individual 
    affiliates with the understanding that a written record will be kept of 
    how this determination is made. This record shall be made available to 
    the agencies affiliated with the intermediary.
    
    III. Checklist of Application Submission Requirements
    
    A. General
    
        Contents of an application will differ somewhat for local housing 
    counseling agencies and for national, regional, or multi-State 
    intermediaries; however, all applicants are expected to submit:
        1. Standard Form 424, Application for Federal Assistance
        2. Standard Form 424B, Assurances--Non-construction Programs
        3. Drug-Free Workplace Requirements Certification
        4. Applicant/Recipient Disclosure/Update Report, Form HUD-2880
        5. Certification and Disclosure of Lobbying Activities, Standard 
    Form LLL, for National Intermediaries only, if applicable
        6. Certification Regarding Civil Rights
        7. Form HUD-9902, Housing Counseling Agency FISCAL YEAR Activity 
    Report for fiscal year October 1, 1994 through September 30, 1995. 
    Where an applicant did not participate in HUD's Housing Counseling 
    Program during FY 1995, this report should be completed to reflect the 
    agency's counseling workload during that period in any case. This form 
    must be fully completed and submitted by every applicant for FY 1996 
    HUD funding. HUD will reject any application that does not include this 
    form
        8. Computer Equipment Inventory (if applicable)
        9. Budget Worksheet. A realistic, proposed budget for use of HUD 
    funds if awarded. This should be broken down into two categories: 
    direct counseling costs and capacity building costs. Note that the 
    budget submitted by a local agency may not exceed a total of $100,000, 
    including capacity building costs which may not exceed $4,000. 
    National, regional and multi-State organizations may submit a proposed 
    budget up to $1 million, including capacity building costs which may 
    not exceed $5,000
        10. Exhibits for National, regional, multi-State or local housing 
    counseling agencies (as described below in B1-B3 and in the application 
    kit)
        11. Evidence of Housing Counseling Funding Sources (required by all 
    applicants)
        12. Current Housing Counseling Plan
        13. A description of counseling activities to be performed
        14. A description of organization capability
        15. Direct-labor and Hourly-labor rate and Counseling Time Per 
    Client
        16. Congressional District Information
    
    B. National, Regional, and Multi-State Intermediaries
    
        National, regional, and multi-State intermediaries must submit an 
    application which covers both their network organization and their 
    affiliated agencies. This application must include:
        1. Description of affiliated agencies. For each, list the following 
    information:
        a. Organization name
        b. Address
        c. Director and contact person (if different)
        d. Phone/FAX numbers (including TTY, if appropriate)
        e. Federal tax identification number
        f. ZIP code service areas
        g. Number of staff providing counseling
        h. Type of services offered (defined by renter assistance, outreach 
    initiatives, pre-purchase counseling, post-purchase counseling, and 
    mortgage default and delinquency counseling)
        i. Number of years of housing counseling experience
        2. Relationship with affiliates. Briefly describe the 
    intermediary's relationship with affiliates (i.e. membership 
    organization, field or branch offices, subsidiary organizations, etc.).
        3. Oversight system. Describe the process that will be used for 
    determining affiliate funding levels, distributing funds, and 
    monitoring affiliate performance.
    
    IV. Corrections to Deficient Applications
    
        After the submission deadline, applicants may cure only non-
    substantial, technical deficiencies that surface during HUD screening 
    of their application. Applicants will have a ``cure period'' to correct 
    such deficiencies that are not integral to HUD's review of the 
    application. Applicants have 14 calendar days from the date HUD 
    notifies them of any problem to submit the appropriate information to 
    HUD. Notification of a technical deficiency may be in writing or by 
    telephone. If the HUD notification is by telephone, a written 
    confirmation will be transmitted by HUD to the applicant. Where HUD 
    determines that an application as initially submitted is fundamentally 
    incomplete, or would require substantial revisions, it will not 
    consider the application further. Note: HUD will not inform applicants 
    regarding application deficiencies other than as described in this 
    section.
    
    V. Other Matters
    
    Environmental Impact
    
        A Finding of No Significant Impact with respect to the environment 
    was made in accordance with HUD regulations at 24 CFR part 50 that 
    implement section 102(2)(C) of the National Environmental Policy Act of 
    1969, 42 U.S.C. 4332, in connection with the Notice of Funding 
    Availability published in connection with the Housing Counseling 
    program on March 21, 1994 (59 FR 13366). That Finding is applicable to 
    this NOFA and is available for public inspection during business hours 
    in the Office of the Rules Docket Clerk, Office of General Counsel, 
    room 10276, Department of Housing and Urban Development, 451 Seventh 
    Street, SW, Washington, DC 20410.
    
    Federalism Impact
    
        The General Counsel, as the Designated Official under section 6(a) 
    of Executive Order 12612, Federalism, has determined that this NOFA 
    does not have ``federalism implications'' because it does not have 
    substantial direct effects on the States (including their political 
    subdivisions), or on the distribution of power and responsibilities 
    among the various levels of government. This NOFA only affects 
    nonprofit or public organizations who seek funding for their housing 
    counseling activities.
    
    Impact on the Family
    
        The General Counsel, as the Designated Official under Executive 
    Order 12606, the Family, has determined that this NOFA has potential 
    significant impact on family formation, maintenance, and general well-
    being only to the extent that the entities who qualify for 
    participation in HUD's housing counseling program under this notice 
    will provide families with the counseling and advice they need to avoid 
    rent delinquencies or mortgage defaults, and to develop competence and 
    responsibility in meeting their housing needs. Since the potential 
    impact on the family is considered beneficial, no further review under 
    the Order is necessary.
    
    [[Page 35911]]
    
    Documentation and Public Access Requirements: HUD Reform Act
    
        HUD will ensure that documentation and other information regarding 
    each application submitted pursuant to this NOFA are sufficient to 
    indicate the basis upon which assistance was provided or denied. This 
    material, including any letters of support, will be made available for 
    public inspection for a five-year period beginning not less than 30 
    days after the award of the assistance. Material will be made available 
    in accordance with the Freedom of Information Act (5 U.S.C. 552) and 
    HUD's implementing regulations at 24 CFR part 15. In addition, HUD will 
    include the recipients of assistance pursuant to this NOFA in its 
    Federal Register notice of all recipients of HUD assistance awarded on 
    a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice 
    published in the Federal Register on January 16, 1996, for further 
    information on these requirements.)
    
    Prohibition Against Advance Information on Funding Decisions: HUD 
    Reform Act
    
        HUD's regulation implementing section 103 of the Department of 
    Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a), 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 4.decisions are restrained by part 4 from providing 
    advance information to any person (other than an authorized employee of 
    HUD) concerning funding decisions, or from otherwise giving any 
    applicant an unfair competitive advantage. Persons who apply for 
    assistance in this competition should confine their inquiries to the 
    subject areas permitted under 24 CFR part 4.
        Applicants or employees who have ethics related questions should 
    contact the HUD Office of Ethics (202) 708-3815. (This is not a toll-
    free number.) Hearing or speech-impaired persons may access that number 
    by calling toll-free the Federal Information Relay Service at (800) 
    877-8339. For HUD employees who have specific program questions, such 
    as whether particular subject matter can be discussed with persons 
    outside HUD, the employee should contact the appropriate Field Office 
    Counsel, or Headquarters counsel for the program to which the question 
    pertains.
    
    Prohibition Against Lobbying Activities
    
        The use of funds awarded under this NOFA is subject to the 
    disclosure requirements and prohibitions of 24 CFR part 87. That 
    regulation prohibits recipients of federal contracts, grants, or loans 
    from using appropriated funds for lobbying the Executive or Legislative 
    branches of the federal government in connection with a specific 
    contract, grant, or loan. The prohibition also covers the awarding of 
    contracts, grants, cooperative agreements, or loans unless the 
    recipient has made an acceptable certification regarding lobbying. 
    Under 24 CFR part 87, applicants, recipients, and subrecipients of 
    assistance exceeding $100,000 must certify that no federal funds have 
    been or will be spent on lobbying activities in connection with the 
    assistance.
    
    Catalog
    
        The Catalog of Federal Domestic Assistance Program number is 
    14.169.
    
        Dated: July 1, 1996.
    Nicolas P. Retsinas,
    Assistant Secretary for Housing--Federal Housing Commissioner.
    
    Appendix A--HUD Offices
    
        Note: The title of all those listed is: Director, Single Family 
    Division, U.S. Department of Housing and Urban Development. 
    Telephone numbers are not toll-free.
    
    HUD--New England Area
    
    Connecticut state office
    
    Mr. John Ertle
    First Floor
    330 Main Street
    Hartford, CT 06106-1860
    (203) 240-4569
    
    Massachusetts State Office
    
    Mr. Edward T. Bernard
    Room 375
    Thomas P. O'Neill, Jr. Federal Building
    10 Causeway Street
    Boston, MA 02222-1092
    (617) 565-5101
    
    New Hampshire State Office
    
    Mr. Loren Cole
    Norris Cotton Federal Building
    275 Chestnut Street
    Manchester, NH 03101-2487
    (603) 666-7755
    
    Rhode Island State Office
    
    Mr. Michael Dziok
    Sixth Floor
    10 Weybosset Street
    Providence, RI 02903-2808
    (401) 528-5351
    
    HUD--New York, New Jersey Area
    
    New Jersey State Office
    
    Ms. Theresa Arce
    Thirteenth Floor
    One Newark Center
    Newark, NJ 07102-5260
    (201) 622-7900 X3500
    
    New York State Office
    
    Mr. Juan Baustista
    26 Federal Plaza
    New York, NY 10278-0068
    (212) 264-0777 X3746
    
    Albany Area Office
    
    Mr. Robert S. Scofield, Jr.
    52 Corporate Circle
    Albany, NY 12203-5121
    (518) 464-4200 EXT. 4205
    
    Buffalo Area Office
    
    Mr. Glenn Ruggles
    Lafayette Court
    465 Main Street
    Buffalo, NY 14203-1780
    (716) 846-5732
    
    Camden Area Office
    
    Mr. Philip Caulfield
    Second Floor
    Hudson Building
    800 Hudson Square
    Camden, NJ 08102-1156
    (609) 757-5083
    
    HUD--Midatlantic area
    
    District of Columbia office
    
    Ms. Carole Catineau
    820 First Street, NE
    Washington, D.C. 20002-4502
    (202) 275-9200 X3055
    
    Maryland state office
    
    Ms. Candace Simms
    Fifth Floor
    City Crescent Building
    10 South Howard Street
    Baltimore, MD 21201-2505
    (410) 962-2520 X3094
    
    Pennsylvania state office
    
    Mr. Mike Perretta
    The Wanamaker Building
    100 Penn Square East
    Philadelphia, PA 19107-3380
    (215) 656-0507
    
    Virginia state office
    
    Ms. Rheba G. Gwaltney
    The 3600 Centre
    3600 West Broad Street
    P.O. Box 90331
    Richmond, VA 23230-0331
    (804) 278-4512
    
    West Virginia state office
    
    Mr. Peter Minter
    Suite 708
    405 Capitol Street
    Charleston, WV 25301-1795
    (304) 347-7064
    
    Pittsburgh area office
    
    Mr. Al Curotola
    339 Sixth Ave., Sixth Floor
    Pittsburgh, PA 15222-2515
    (412) 644-6940
    
    HUD--Southeast/Caribbean area
    
    Alabama state office
    
    Ms. Martha Andrus
    Suite 300
    Beacon Ridge Tower
    600 Beacon Parkway, West
    Birmingham, AL 35209-3144
    
    [[Page 35912]]
    
    (205) 290-7648
    
    Caribbean office
    
    Ms. Margarita Delgado
    New San Juan Office Building
    159 Carlos Chardon Avenue
    San Juan, PR 00918-1804
    (787) 766-5402
    
    Georgia state office
    
    Ms. Janice Cooper
    Richard B. Russell Federal Building
    75 Spring Street, S.W.
    Atlanta, GA 30303-3388
    (404) 331-4801
    
    Kentucky state office
    
    Mr. David A. Powell
    601 West Broadway
    P.O. Box 1044
    Louisville, KY 40201-1044
    (502) 582-6167
    
    Mississippi state office
    
    Mr. Jerry F. Perkins
    Suite 910
    Doctor A.H. McCoy Federal Building
    100 West Capitol Street
    Jackson, MS 39269-1016
    (601) 965-4930
    
    North Carolina state office
    
    Mr. Robert Dennis
    Koger Building
    2306 West Meadowview Road
    Greensboro, NC 27407-3707
    (910) 547-4053
    
    South Carolina state office
    
    Mr. David L. Ball
    Strom Thurmond Federal Building
    1835 Assembly Street
    Columbia, SC 29201-2480
    (803) 765-5593
    
    Coral Gables area office
    
    Ms. Sara D. Warren
    Gables 1 Tower
    1320 South Dixie Highway
    Coral Gables, FL 33146-2911
    (305) 662-4526
    
    Jacksonville area office
    
    Ms. Ann Whaley
    Suite 2200
    Southern Bell Tower
    301 West Bay Street
    Jacksonville, FL 32202-5121
    (904) 232-2811
    
    Knoxville area office
    
    Mr. William Pavelchik
    Third Floor
    John J. Duncan Federal Building
    710 Locust Street
    Knoxville, TN 37902-2526
    (423) 545-4377
    
    Memphis area office
    
    Ms. Fellece S. Sawyer, Acting
    Suite 1200
    One Memphis Place
    200 Jefferson Avenue
    Memphis, TN 38103-2335
    (901) 544-3367
    
    Tennessee state office
    
    Mr. Ed M. Phillips
    Suite 200
    251 Cumberland Bend Drive
    Nashville, TN 37228-1803
    (615) 736-7154
    
    Orlando area office
    
    Mr. Robert K. Osterman
    Suite 270
    Langley Building
    3751 Maguire Boulevard
    Orlando, FL 32803-3032
    (407) 648-6441
    
    Tampa area office
    
    Ms. Nikki A. Spitzer
    Suite 700
    Timberlake Federal Building Annex
    501 East Polk Street
    Tampa, FL 33602-3945
    (813) 228-2504
    
    HUD--Midwest area
    
    Illinois state office
    
    Ms. Debra F. Robinson
    Ralph H. Metcalfe Federal Building
    77 West Jackson Boulevard
    Chicago, IL 60604-3507
    (312) 353-5066
    
    Indiana state office
    
    Ms. Brenda Laroche
    151 North Delaware Street
    Indianapolis, IN 46204-2526
    (317) 226-7034
    
    Michigan state office
    
    Mr. John Frelich
    Patrick V. McNamara Federal Building
    477 Michigan Avenue
    Detroit, MI 48226-2592
    (313) 226-6885
    
    Minnesota state office
    
    Mr. John E. Buenger
    220 Second Street, South
    Minneapolis, MN 55401-2195
    (612) 370-3053
    
    Ohio state office
    
    Mr. Verlon Shannon
    200 North High Street
    Columbus, OH 43215-2499
    (614) 469-5536
    
    Wisconsin state office
    
    Mr. Larry Milewski
    Suite 1380
    Henry S. Reuss Federal Plaza
    310 West Wisconsin Avenue
    Milwaukee, WI 53203-2289
    (414) 297-3156
    
    Cincinnati area office
    
    Ms. Louistine Tuck
    525 Vine St Suite 700
    Cincinnati, OH 45202-3253
    (513) 684-2833
    
    Cleveland area office
    
    Mr. Kendel King
    Fifth Floor
    Renaissance Building
    1350 Euclid Avenue
    Cleveland, OH 44115-1815
    (216) 522-2784
    
    Flint area office
    
    Mr. Gary Levine
    Room 200
    605 North Saginaw Street
    Flint, MI 48502-1953
    (810) 766-5107
    
    Grand Rapids area office
    
    Ms. Shirley Bryant
    50 Louis St, N.W.
    Grand Rapids, MI 49503-2648
    (616) 456-2146
    
    HUD--Southwest area
    
    Arkansas state office
    
    Ms. Susan E. Finister
    Suite 900
    TCBY Tower
    425 West Capitol Avenue
    Little Rock, AR 72201-3488
    (501) 324-5961
    
    Louisiana state office
    
    Mr. Byron D. Duplantier
    9th Floor
    Hale Boggs Federal Building
    501 Magazine St.
    New Orleans, LA 70130-3099
    (504) 589-6570
    
    New Mexico state office
    
    Ms. Carol G. Johnson
    625 Truman Street, NE
    Albuquerque, NM 87110-6443
    (505) 262-6269
    
    Texas state office
    
    Mr. Louis Ybarra
    1600 Throckmorton Street
    P.O. Box 2905
    Fort Worth, TX 76113-2905
    (817) 885-6255
    
    Houston area office
    
    Mr. Henry Hadnot
    Suite 200
    Norfolk Tower
    2211 Norfolk
    Houston, TX 77098-4096
    (713) 313-2274 EXT. 7019
    
    Lubbock area office
    
    Mr. Miguel Rincon
    Federal Office Building
    1205 Texas Avenue
    Lubbock, TX 79401-4093
    (806) 743-7262
    
    Oklahoma state office
    
    Mr. Ken Beck
    500 West Main St., Suite 400
    Oklahoma City, OK 73102-2233
    (405) 553-7444
    
    San Antonio area office
    
    Mr. Antonio C. Cabral
    Washington Square
    800 Dolorosa Street
    San Antonio, TX 78207-4563
    (210) 229-6898
    
    Shreveport area office
    
    Ms. Martha Sakre
    Suite 1510
    401 Edwards Street
    Shreveport, LA 71101-3107
    (318) 676-3440
    
    Tulsa area office
    
    Ms. Jeanne King
    50 East 15th Street
    Suite 110
    Tulsa, OK 74119-4032
    (918) 581-7442
    
    [[Page 35913]]
    
    HUD--Great Plains
    
    Iowa state office
    
    Mr. Patrick Liao
    Room 239
    Federal Building
    210 Walnut Street
    Des Moines, IA 50309-2155
    (515) 284-4804
    
    Kansas/Missouri state office
    
    Mr. Deryl Sellmeyer
    Room 200
    Gateway Tower II
    400 State Avenue
    Kansas City, KS 66101-2406
    (913) 551-6820
    
    Nebraska state office
    
    Ms. Nancy Sheets
    Executive Tower Centre
    10909 Mill Valley Road
    Omaha, NE 68154-3955
    (402) 492-3135
    
    Saint Louis area field office
    
    Mr. Dennis Martin
    Third Floor
    Robert A. Young Federal Building
    1222 Spruce Street
    St. Louis, MO 63103-2836
    (314) 539-6388
    
    HUD--Rocky Mountains area
    
    Colorado state office
    
    Ms. Sheryl S. Miller
    First Interstate Tower North
    633 17th Street
    Denver, CO 80202-3607
    (303) 672-5343
    
    Montana state office
    
    Mr. Gerard Boone
    Room 340
    Federal Office Building, Drawer 10095
    301 S. Park
    Helena, MT 59626-0095
    (406) 441-1300
    
    Utah state office
    
    Mr. Richard P. Bell
    Suite 550
    257 Tower
    257 East, 200 South
    Salt Lake City, UT 84111-2048
    (801) 524-5241
    
    HUD--Pacific/Hawaii area
    
    Arizona state office
    
    Ms. Bernice Campbell
    Suite 1600
    Two Arizona Center
    400 North 5th Street
    Phoenix, AZ 85004-2361
    (602) 379-6704
    
    California state office
    
    Mr. James McClanahan
    Philip Burton Federal Building and U.S. Courthouse
    450 Golden Gate Avenue
    P.O. Box 36003
    San Francisco, CA 94102-3448
    (415) 436-6517
    
    Hawaii state office
    
    Ms. Jill B. Hurt
    7 Waterfront Plaza (Suite 500)
    500 Ala Moana Boulevard
    Honolulu, HI 96813-4918
    (808) 522-8190
    
    Nevada state office
    
    Mr. William Fattic
    Suite 700
    Atrium Building
    333 No. Rancho Drive
    Las Vegas, NV 89106-3714
    (702) 388-6500
    
    Fresno area office
    
    Ms. Yvielle Edwards-Lee
    Suite 138
    1630 E. Shaw Avenue
    Fresno, CA 93710-8193
    (209) 487-5032
    
    Los Angeles area office
    
    Mr. Malcolm Findley
    1615 West Olympic Boulevard
    Los Angeles, CA 90015-3801
    (213) 251-7217
    
    Reno area office
    
    Mr. William Fattic
    Suite 114
    1575 Delucchi Lane
    Reno, NV 89502-6581
    (702) 784-5388
    
    Sacramento area office
    
    Mr. Ron M. Johnson
    Suite 200
    777 12th Avenue
    Sacramento, CA 95814-1997
    (916) 498-5254
    
    San Diego area office
    
    Mr. Danny E. Mendez
    Mission City Corporate Center
    2365 Northside Drive (Suite 300)
    San Diego, CA 92108-2712
    (619) 557-2608
    
    Santa Ana area office
    
    Mr. David A. Westerfield
    Suite 500
    3 Hutton Centre
    Santa Ana, CA 92707-5764
    (714) 957-7352
    
    Tucson area office
    
    Ms. Sharon K. Atwell
    Suite 700
    Security Pacific Bank Plaza
    33 North Stone Avenue
    Tucson, AZ 85701-1467
    (520) 670-6000
    
    HUD--Northwest/Alaska area
    
    Alaska state office
    
    Mr. Paul O. Johnson
    Suite 401
    University Plaza Building
    949 East 36th Avenue
    Anchorage, AK 99508-4399
    (907) 271-4610
    
    Idaho state office
    
    Mr. Gary L. Gillespie
    Suite 220
    Plaza IV
    800 Park Boulevard
    Boise, ID 83712-7743
    (208) 334-1991
    
    Oregon state office
    
    Ms. Pamela D. West
    400 S.W. Sixth Ave., Suite 700
    Portland, OR 97204
    (503) 326-2684
    
    Washington state office
    
    Mr. David L. Rodgers
    Suite 200
    Seattle Federal Office Building
    909 First Avenue
    Seattle, WA 98104-1000
    (206) 220-5200 X3252
    [FR Doc. 96-17258 Filed 7-5-96; 8:45 am]
    BILLING CODE 4210-27-P