96-17259. Office of the Assistant Secretary for HousingFederal Housing Commissioner; Notice of Funding Availability (NOFA) for Supportive Housing for the Elderly  

  • [Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
    [Notices]
    [Pages 35866-35875]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-17259]
    
    
    
    [[Page 35865]]
    
    
    _______________________________________________________________________
    
    Part II
    
    
    
    
    
    Department of Housing and Urban Development
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Notice of Funding Availability (NOFA) for Supportive Housing for the 
    Elderly
    
    Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / 
    Notices
    
    [[Page 35866]]
    
    
    
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
    
    
    Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner; Notice of Funding Availability (NOFA) for Supportive 
    Housing for the Elderly
    
    [Docket No. FR-4052-N-01]
    AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
    Commissioner, HUD.
    
    ACTION: Notice of funding availability for Fiscal Year (FY) 1996.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This NOFA announces HUD's funding for supportive housing for 
    the elderly. This document describes the following: (a) the purpose of 
    the NOFA, and information regarding eligibility, submission 
    requirements, available amounts, and selection criteria; and (b) 
    application processing, including how to apply and how selections will 
    be made.
    APPLICATION PACKAGE: The Application Package can be obtained from the 
    Multifamily Housing Clearinghouse, P.O. Box 6424, Rockville, MD 20850, 
    telephone 1-800-685-8470 (the TTY number is 1-800-483-2209); and from 
    the appropriate HUD Office identified in appendix A to this NOFA. The 
    Application Package includes a checklist of exhibits and steps involved 
    in the application process.
    
    DATES: The deadline for receipt of applications in response to this 
    NOFA is 4:00 p.m. local time on August 19, 1996. The application 
    deadline is firm as to date and hour. In the interest of fairness to 
    all applicants, HUD will not consider any application that is received 
    after the deadline. Sponsors should take this into account and submit 
    applications as early as possible to avoid the risk of unanticipated 
    delays or delivery-related problems. In particular, Sponsors intending 
    to mail applications must provide sufficient time to permit delivery on 
    or before the deadline date. Acceptance by a Post Office or private 
    mailer does not constitute delivery. Facsimile (FAX), COD, and postage 
    due applications will not be accepted.
    
    ADDRESSES: Applications must be delivered to the Director of the 
    Multifamily Housing Division in the HUD Office for your jurisdiction. A 
    listing of HUD Offices, their addresses, and telephone numbers is 
    attached as appendix A to this NOFA. HUD will date and time stamp 
    incoming applications to evidence timely receipt, and, upon request, 
    will provide the applicant with an acknowledgement of receipt.
    
    FOR FURTHER INFORMATION CONTACT: The HUD Office for your jurisdiction, 
    as listed in appendix A to this NOFA.
    
    SUPPLEMENTARY INFORMATION:
    
    Paperwork Reduction Act Statement
    
        The information collection requirements contained in this NOFA have 
    been approved by the Office of Management and Budget (OMB), under the 
    Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned OMB 
    Control Number 2502-0267. An agency may not conduct or sponsor, and a 
    person is not required to respond to, a collection of information 
    unless the collection displays a valid control number.
    
    I. Purpose and Substantive Description
    
    A. Authority
    
        Section 801 of the Cranston-Gonzalez National Affordable Housing 
    Act (NAHA) (Pub. L. 101-625, approved November 28, 1990), amended 
    section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). Section 202 
    was also amended by the Housing and Community Development Act of 1992 
    (HCD Act of 1992) (Pub. L. 102-550, approved October 28, 1992), and by 
    the Rescissions Act (Pub. L. 104-19, approved July 27, 1995). The 
    Secretary is authorized to provide assistance to private nonprofit 
    organizations and nonprofit consumer cooperatives to expand the supply 
    of supportive housing for the elderly. HUD provides the assistance as 
    capital advances and contracts for project rental assistance in 
    accordance with 24 CFR part 891. This assistance may be used to finance 
    the construction or rehabilitation of a structure, or acquisition of a 
    structure from the Resolution Trust Corporation (now the Federal 
    Deposit Insurance Corporation (RTC/FDIC), to be used as supportive 
    housing for the elderly in accordance with part 891.
        Note that on March 22, 1996, HUD published a final rule (61 FR 
    11948) that consolidated the regulations for the Section 202 Program of 
    Supportive Housing for the Elderly and the Section 811 Program of 
    Supportive Housing for Persons with Disabilities in 24 CFR part 891.
        For supportive housing for the elderly, the Omnibus Consolidated 
    Rescissions and Appropriations Act of 1996 (Pub. L. 104-134, approved 
    April 26, 1996)(Act) provides Sec. 780,190,000 for capital advances, 
    including amendments to capital advance contracts (not procurement 
    contracts), for housing for the elderly as authorized by section 202 of 
    the Housing Act of 1959, (as amended by the NAHA and HCD Act of 1992), 
    and for project rental assistance, and amendments to contracts for 
    project rental assistance, for supportive housing for the elderly under 
    section 202(c)(2) of the Housing Act of 1959, as amended. In accordance 
    with the waiver authority provided in the Act, the Secretary is 
    extending the determinations made in the Notice published in 61 F.R. 
    3047 to Fiscal Year 1996 funding by waiving the following statutory and 
    regulatory provision: The term of the project rental assistance 
    contract is reduced from 20 years to a minimum term of 5 years and a 
    maximum term which can be supported by funds authorized by the Act. The 
    Department anticipates that at the end of the contract terms, renewals 
    will be approved subject to the availability of funds. In addition to 
    this provision, the Department will reserve project rental assistance 
    contract funds based on 75 percent rather than on 100 percent of the 
    current operating cost standards for approved units in order to take 
    into account the average tenant contribution toward rent.
    
        Please note that the waiver broadening the eligibility of 
    tenants to persons with incomes at 80 percent of the median or below 
    (61 FR 3047, January 30, 1996) is not being extended to the projects 
    funded in accordance with this NOFA. The statutory provision 
    limiting eligibility to persons with incomes at 50 percent of the 
    median or below remains in effect.
    
        In accordance with an agreement between HUD and the Rural Housing 
    Service (RHS), which facilitates the coordination between the two 
    agencies in administering their respective rental assistance programs, 
    HUD is required to notify RHS of applications for housing assistance it 
    receives. This notification gives RHS the opportunity to comment if it 
    has concerns about the demand for additional assisted housing and 
    possible harm to existing projects in the same housing market area. HUD 
    will consider the RHS comments in its review and project selection 
    process.
    
    B. Allocation Amounts
    
        In accordance with 24 CFR part 791, the Assistant Secretary will 
    allocate the amounts available for capital advances for supportive 
    housing for the elderly. HUD reserves project rental assistance funds 
    based upon 75 percent of the current operating cost standards to 
    support the units selected for capital advances sufficient for minimum 
    5-year project rental assistance contracts.
        The allocation formula for Section 202 funds consists of a measure 
    of the number of one- and two-person elderly renter households with 
    incomes at or below the very low income limit (50
    
    [[Page 35867]]
    
    percent of area median family income, as determined by HUD, with an 
    adjustment for household size) that have housing deficiencies.
        Based on the allocation formula, HUD has allocated the available 
    capital advance funds as shown on the following chart:
    
                           Fiscal Year 1996 Allocations for Supportive Housing for the Elderly                      
                                       [Fiscal Year 1996 Section 202 Allocations]                                   
    ----------------------------------------------------------------------------------------------------------------
                                             Metropolitan capital   Nonmetropolitan capital  Totals capital  advance
                                                   advance                  advance         ------------------------
                   Offices                --------------------------------------------------                        
                                              Authority     Units      Authority     Units      Authority     Units 
    ----------------------------------------------------------------------------------------------------------------
                 New England                                                                                        
                                                                                                                    
    Massachusetts........................     $16,928,076      209         811,584       10      17,739,660      219
    Connecticut..........................       8,469,328      104         811,584       10       9,280,912      114
    New Hampshire........................       3,524,494       55       2,337,888       36       5,862,382       91
    Rhode Island.........................       5,056,731       62         811,584       10       5,868,315       72
                                          --------------------------------------------------------------------------
          Total..........................      33,978,629      430       4,772,640       66      38,751,269      496
             New York/New Jersey                                                                                    
                                                                                                                    
    New York.............................      46,612,243      574         811,584       10      47,423,827      584
    Buffalo..............................      11,833,398      161       2,170,874       29      14,004,272      190
    New Jersey...........................      19,404,325      239               0        0      19,404,325      239
                                          --------------------------------------------------------------------------
          Total..........................      77,849,966      974       2,982,458       39      80,832,424    1,013
                 Mid-Atlantic                                                                                       
                                                                                                                    
    Maryland.............................       6,089,477       88         693,228       10       6,782,705       98
    West Virginia........................       1,547,082       25       1,288,313       21       2,835,395       46
    Pennsylvania.........................      15,174,384      201       1,846,426       25      17,020,810      226
    Pittsburgh...........................       6,927,904      103       1,460,882       22       8,388,786      125
    Virginia.............................       4,786,791       83       1,555,627       27       6,342,418      110
    D.C..................................       6,352,868       89               0        0       6,352,868       89
                                          --------------------------------------------------------------------------
          Total..........................      40,878,506      589       6,844,476      105      47,722,982      694
             Southeast/Caribbean                                                                                    
                                                                                                                    
    Georgia..............................       5,480,957       94       2,207,076       38       7,688,033      132
    Alabama..............................       4,059,898       72       1,598,816       28       5,658,714      100
    Caribbean............................       4,080,160       50       1,497,853       18       5,578,013       68
    South Carolina.......................       3,624,585       59       1,352,145       22       4,976,730       81
    North Carolina.......................       6,948,455       97       2,867,705       40       9,816,160      137
    Mississippi..........................       1,344,186       25       1,764,272       33       3,108,458       58
    Jacksonville.........................      17,575,395      281       1,197,782       19      18,773,177      300
    Kentucky.............................       3,714,788       62       1,850,921       31       5,565,709       93
    Knoxville............................       2,526,597       47         862,595       16       3,389,192       63
    Tennessee............................       3,601,685       66       1,266,354       23       4,868,039       89
                                          --------------------------------------------------------------------------
          Total..........................      52,956,706      853      16,465,519      268      69,422,225    1,121
                   Midwest                                                                                          
                                                                                                                    
    Illinois.............................      20,663,241      262       2,817,536       36      23,480,777      298
    Cincinnati...........................       4,878,158       79         615,451       10       5,493,609       89
    Cleveland............................       9,025,257      130       1,300,050       19      10,325,307      149
    Ohio.................................       3,649,114       60       1,306,088       21       4,955,202       81
    Michigan.............................       9,766,665      138         710,136       10      10,476,801      148
    Grand Rapids.........................       3,364,612       56       1,348,633       22       4,713,245       78
    Indiana..............................       6,206,555       99       1,687,713       27       7,894,268      126
    Wisconsin............................       7,204,475      104       2,337,209       34       9,541,684      138
    Minnesota............................       6,655,168       92       2,264,831       31       8,919,999      123
                                          --------------------------------------------------------------------------
          Total..........................      71,413,245    1,020      14,387,647      210      85,800,892    1,230
                  Southwest                                                                                         
                                                                                                                    
    Texas/New Mexico.....................      $7,008,273      125       1,918,418       34       8,926,691      159
    Houston..............................       4,543,462       80         937,853       16       5,481,315       96
    Arkansas.............................       2,288,279       45       1,526,086       30       3,814,365       75
    Louisiana............................       4,443,157       82       1,107,452       20       5,550,609      102
    Oklahoma.............................       2,971,733       55       1,374,535       25       4,346,268       80
    San Antonio..........................       3,705,807       69         903,813       17       4,609,620       86
                                          --------------------------------------------------------------------------
          Total..........................      24,960,711      456       7,768,157      142      32,728,868      598
                 Great Plains                                                                                       
                                                                                                                    
    Iowa.................................       2,705,698       46       1,814,317       31       4,520,015       77
    Kansas/Missouri......................       4,572,145       77       1,783,825       31       6,355,970      108
    Nebraska.............................       1,403,364       25       1,090,587       19       2,493,951       44
    
    [[Page 35868]]
    
                                                                                                                    
    St. Louis............................       4,970,257       74       1,626,892       24       6,597,149       98
                                          --------------------------------------------------------------------------
          Total..........................      13,651,464      222       6,315,621      105      19,967,085      327
               Rocky Mountains                                                                                      
                                                                                                                    
    Colorado.............................       6,296,423       98       2,459,438       41       8,755,861      139
                                          --------------------------------------------------------------------------
          Total..........................       6,296,423       98       2,459,438       41       8,755,861      139
                Pacific/Hawaii                                                                                      
                                                                                                                    
    Hawaii                                                                                                          
        (Guam)...........................       3,043,440       25       1,217,376       10       4,260,816       35
    Los Angeles..........................      33,883,830      425         798,058       10      34,681,888      435
    Arizona..............................       4,211,257       75         561,346       10       4,772,603       85
    Sacramento...........................       5,725,771       73         781,150       10       6,506,921       83
    California...........................      18,885,597      238       1,282,883       17      20,168,480      255
                                          --------------------------------------------------------------------------
          Total..........................      65,749,895      836       4,640,813       57      70,390,708      893
               Northwest/Alaska                                                                                     
                                                                                                                    
    Alaska...............................       3,043,440       25       1,217,376       10       4,260,816       35
    Oregon...............................       4,990,487       74       1,730,664       27       6,721,151      101
    Washington...........................       7,168,921       97       1,521,969       21       8,690,890      118
                                          --------------------------------------------------------------------------
          Total..........................      15,202,848      196       4,470,009       58      19,672,857      254
                                          ==========================================================================
          National Total.................     402,938,393    5,674      71,106,778    1,091     471,370,274    6,726
    ----------------------------------------------------------------------------------------------------------------
    
    
    
    C. Eligibility
    
        Private, nonprofit organizations and nonprofit consumer 
    cooperatives are the only eligible applicants under this program. 
    Neither a public body nor an instrumentality of a public body is 
    eligible to participate in the program. No organization shall 
    participate as Sponsor or Co-sponsor in the filing of application(s) 
    for a capital advance in a single geographical region in this fiscal 
    year in excess of that necessary to finance the construction, 
    rehabilitation, or acquisition (acquisition permitted only with RTC/
    FDIC properties) of 200 units of housing and related facilities for the 
    elderly. This limit shall apply to organizations that participate as 
    Co-sponsors regardless of whether the Co-sponsors are affiliated or 
    nonaffiliated entities. In addition, the national limit for any one 
    applicant is 10 percent of the total units allocated in all HUD 
    Offices. Affiliated entities that submit separate applications shall be 
    deemed to be a single entity for the purposes of these limits. No 
    single application may propose more than the number of units allocated 
    to a HUD Office or 125 units, whichever is less. Reservations for 
    projects will not be approved for less than 5 units.
    
    D. Initial Screening, Technical Processing, and Selection Criteria
    
    1. Initial Screening
        HUD will review applications for Section 202 capital advances that 
    are received by HUD at the appropriate address by 4:00 p.m. local time 
    on August 19, 1996, to determine if all parts of the application are 
    included. HUD will not review the content of the application as part of 
    initial screening. HUD will send deficiency letters, by certified mail 
    and facsimile, informing Sponsors of any missing parts of the 
    application. Sponsors must correct such deficiencies within 8 calendar 
    days from the date of the deficiency letter. Any document requested as 
    a result of the initial screening may be executed or prepared within 
    the deficiency period, except for Forms HUD-92015-CAs, Articles of 
    Incorporation, IRS exemption rulings, Forms SF-424, Board Resolution 
    committing the minimum capital investment, and site control documents 
    (all of these excepted items must be dated no later than the 
    application deadline date).
    2. Technical Processing
        All applications will be placed in technical processing upon 
    receipt of the response to the deficiency letter or at the end of the 
    8-day period. These applications will undergo a complete analysis. If a 
    reviewer finds that clarification is needed to complete the review, or 
    an exhibit is missing that was not requested after initial screening, 
    the reviewer shall immediately advise the Multifamily Housing 
    Representative, who will: (a) request, by telephone, that the Sponsor 
    submit the information within five (5) working days; and (b) follow up 
    by certified letter. Communications must be attached to the technical 
    review and findings memorandum. As part of this analysis, HUD will 
    conduct its environmental review in accordance with 24 CFR part 50.
        Examples of reasons for technical processing rejection include an 
    ineligible Sponsor, ineligible population to be served, lack of legal 
    capacity, lack of site control, and unacceptable site based upon a site 
    visit. The Secretary will not reject an application based on technical 
    processing without giving notice of that rejection with all rejection 
    reasons, and affording the applicant an opportunity to appeal. HUD will 
    afford an applicant 10 calendar days from the date of HUD's written 
    notice to appeal a technical rejection to the HUD Office. The HUD 
    Office must respond within five working days to the Sponsor. The HUD 
    Office shall make a determination on an appeal prior to making its 
    selection recommendations. All applications will be either rated or
    
    [[Page 35869]]
    
    technically rejected at the end of technical processing.
        Technical processing will also assure that the Sponsor has complied 
    with the requirements in the civil rights certification in the 
    Application Package. There must not have been an adjudication of a 
    civil rights violation in a civil action brought against the Sponsor by 
    a private individual, unless the Sponsor is operating in compliance 
    with a court order, or implementing a HUD-approved compliance agreement 
    designed to correct the areas of noncompliance. There must be no 
    pending civil rights suits against the Sponsor instituted by the 
    Department of Justice, and no pending administrative actions for civil 
    rights violations instituted by HUD (including a charge of 
    discrimination under the Fair Housing Act). There must be no 
    outstanding findings of noncompliance with civil rights statutes, 
    Executive Orders, or regulations, as a result of formal administrative 
    proceedings, nor any charges issued by the Secretary against the 
    Sponsor under the Fair Housing Act, unless the Sponsor is operating 
    under a conciliation or compliance agreement designed to correct the 
    areas of noncompliance. Moreover, there must not be a deferral of the 
    processing of applications from the Sponsor imposed by HUD under Title 
    VI of the Civil Rights Act of 1964, HUD's implementing regulations (24 
    CFR 1.8), procedures (HUD Handbook 8040.1), and the Attorney General's 
    Guidelines (28 CFR 50.3); or under section 504 of the Rehabilitation 
    Act of 1973 and HUD's implementing regulations (24 CFR 8.57), and the 
    Americans with Disabilities Act.
        Upon completion of technical processing, all acceptable 
    applications will be rated according to the selection criteria in 
    section I.D.3. of this NOFA. Applications, submitted in response to the 
    advertised metropolitan allocations and nonmetropolitan allocations, 
    which have a total score of 60 points or more will be eligible for 
    selection and will be placed in rank order per metropolitan/
    nonmetropolitan allocation. These applications will be selected based 
    on rank order, to and including the last application that can be funded 
    out of each of the local HUD Office's metropolitan/nonmetropolitan 
    allocations. HUD Offices shall not skip over any applications in order 
    to select one based on the funds remaining. However, after making the 
    initial selections in each allocation area, any residual funds may be 
    utilized to fund the next rank-ordered application by reducing the 
    units by no more than 10 percent rounded to the nearest whole number; 
    provided the reduction will not render the project infeasible. Projects 
    of nine units or less may not be reduced.
        Once this process has been completed, HUD Offices may combine their 
    unused metropolitan and nonmetropolitan funds in order to select 
    another application in either category, using the unit reduction policy 
    described above, if necessary.
        Funds remaining after these processes are completed will be 
    returned to Headquarters. These funds will be used first to restore 
    units to projects reduced by HUD Offices as a result of the 
    instructions above and, second, for selecting applications on a 
    national rank order. However, no more than one application will be 
    selected per HUD Office from the national residual amount unless there 
    are insufficient approvable applications in other HUD Offices. If funds 
    still remain, additional applications will be selected based on a 
    national rank order, insuring an equitable distribution among HUD 
    Offices.
    3. Selection Criteria
        Applications for Section 202 capital advances that successfully 
    complete technical processing will be rated using the following 
    selection criteria:
        (a) The Sponsor's ability to develop and operate the proposed 
    housing on a long-term basis, considering the following (60 points 
    maximum--55 base points plus 5 bonus points):
        (1) The scope, extent, and quality of the Sponsor's experience in 
    providing housing or related services to those proposed to be served by 
    the project, and the scope of the proposed project (i.e., number of 
    units, services, relocation costs, development, and operation) in 
    relationship to the Sponsor's demonstrated development and management 
    capacity. (30 points);
        (2) The scope, extent, and quality of the Sponsor's experience in 
    providing housing or related services to minority persons or families 
    (13 points);
        (3) The extent of local community support for the project and for 
    the Sponsor's activities, including previous experience in serving the 
    area where the project is to be located, and Sponsor's demonstrated 
    ability to enlist volunteers and raise local funds (12 points); and
        (4) The Sponsor's involvement of elderly persons, including 
    minority elderly persons, in the development of the application and its 
    intent to involve elderly persons, including minority elderly persons, 
    in the development of the project (5 bonus points);
        (b) The need for supportive housing for the elderly in the area to 
    be served and the suitability of the site, considering the following 
    (30 points maximum--25 base points plus 5 bonus points):
        (1) The extent of the need for the project in the area based on a 
    determination by the HUD Office. HUD will make this determination by 
    considering the Sponsor's evidence of need in the area based on the 
    guidelines in the Application Package, as well as other economic, 
    demographic, and housing market data available to the HUD Office. The 
    data could include the availability of existing Federally assisted 
    housing (HUD and RHS) (e.g., considering availability and vacancy rates 
    of public housing) for the elderly and current occupancy in such 
    facilities, Federally assisted housing for the elderly under 
    construction or for which fund reservations have been issued, and in 
    accordance with an agreement between HUD and the RHS, comments from the 
    RHS on the demand for additional assisted housing and the possible harm 
    to existing projects in the same housing market area (8 points).
        (2) The proximity or accessibility of the site to shopping, medical 
    facilities, transportation, places of worship, recreational facilities, 
    places of employment, and other necessary services to the intended 
    occupants; adequacy of utilities and streets; freedom of the site from 
    adverse environmental conditions; compliance with site and neighborhood 
    standards (10 points); and
        (3) Suitability of the site from the standpoint of promoting a 
    greater choice of housing opportunities for minority elderly persons/
    families (7 points).
        (4) The project will be located within the boundaries of a Place 
    Based Community Revitalization Area defined as a federally-designated 
    Empowerment Zone, Urban Supplemental Empowerment Zone, Enterprise 
    Community, Urban Enhanced Enterprise Community, or a HUD-approved CDBG 
    neighborhood revitalization strategy area (5 bonus points).
        (c) Adequacy of the provision of supportive services and of the 
    proposed facility, considering the following (20 points maximum):
        (1) The extent to which the proposed design will meet the special 
    physical needs of elderly persons (3 points);
        (2) The extent to which the proposed size and unit mix of the 
    housing will enable the Sponsor to manage and operate the housing 
    efficiently and ensure that the provision of supportive services will 
    be accomplished in an economical fashion (4 points);
        (3) The extent to which the proposed design of the housing will 
    accommodate the provision of supportive services that
    
    [[Page 35870]]
    
    are expected to be needed, initially and over the useful life of the 
    housing, by the category or categories of elderly persons the housing 
    is intended to serve (3 points);
        (4) The extent to which the proposed supportive services meet the 
    identified needs of the residents (5 points); and
        (5) The extent to which the Sponsor demonstrated that the 
    identified supportive services will be provided on a consistent, long-
    term basis (5 points).
        For the selection criterion in b.(4) above, the Secretary's 
    Representative, or the Secretary's Representative in consultation with 
    the State/Area Coordinator, may assign the 5 bonus points to an 
    application if the site for the proposed project is approvable, is 
    located within the boundaries of a Place Based Community Revitalization 
    Area, as defined above, and the locally developed strategy for the area 
    involves items such as physical improvements, necessary public 
    facilities and services, private investment and citizen self-help 
    activities.
        The maximum number of points an application can earn without bonus 
    points is 100. An application can earn an additional 10 bonus points 
    for a maximum total of 110 points.
    
    II. Application Process
    
        All applications for Section 202 capital advances submitted by 
    eligible Sponsors must be filed with the appropriate HUD Office 
    receiving an allocation and must meet the requirements of this NOFA. No 
    application will be accepted after 4:00 p.m. local time on August 19, 
    1996, unless that date and time is extended by a Notice published in 
    the Federal Register. Applications received after that date and time 
    will not be accepted, even if postmarked by the deadline date. 
    Applications submitted by facsimile are not acceptable.
        Immediately upon publication of this NOFA, if names have not 
    already been provided to the Multifamily Housing Clearinghouse, HUD 
    Offices shall notify elderly and minority media, all persons and 
    organizations on their mailing lists, minority and other organizations 
    within their jurisdiction involved in housing and community 
    development, and groups with special interest in housing for elderly 
    households.
        Organizations interested in applying for a section 202 capital 
    advance should contact the Multifamily Housing Clearinghouse at 1-800-
    685-8470 (the TTY number is 1-800-483-2209) for a copy of the 
    application package, and advise the HUD Office whether they wish to 
    attend the workshop described below. HUD encourages minority 
    organizations to participate in this program as Sponsors. HUD Offices 
    will advise all organizations on their mailing list of the date, time, 
    and place of workshops at which HUD will explain the Section 202 
    program.
        HUD strongly recommends that prospective applicants attend the 
    local HUD Office workshop. Interested persons with disabilities should 
    contact the HUD Office to assure that any necessary arrangements can be 
    made to enable their attendance and participation in the workshop. 
    While strongly urged to do so, if Sponsors cannot attend a workshop, 
    they can obtain Application Packages from the Multifamily Housing 
    Clearinghouse (see address and telephone number in the ``Application 
    Package'' section of this NOFA, above). Contact the appropriate HUD 
    Office with any questions regarding the submission of applications.
        At the workshops, HUD will explain application procedures and 
    requirements. HUD will also address concerns such as local market 
    conditions, building codes, historic preservation, floodplain 
    management, displacement and relocation, zoning, and housing costs.
    
    III. Application Submission Requirements
    
    A. Application
    
        Each application shall include all of the information, materials, 
    forms, and exhibits listed in section III.B., below (with the exception 
    of applications submitted by Sponsors selected for a Section 202 fund 
    reservation within the last three funding cycles), and must be indexed 
    and tabbed. Such previously selected Section 202 Sponsors are not 
    required to submit the information described in B.2.(a), (b), and (c), 
    below (Exhibits 2.a., b., and c. of the application), which are the 
    articles of incorporation, (or other organizational documents), by-
    laws, and the IRS tax exemption, respectively. If there has been a 
    change in any of the eligibility documents since its previous HUD 
    approval, the Sponsor must submit the updated information in its 
    application. The local HUD Office will base its determination of the 
    eligibility of a new Sponsor for a reservation of Section 202 capital 
    advance funds on the information provided in the application. HUD 
    Offices will verify a Sponsor's indication of previous HUD approval by 
    checking the project number and approval status with the appropriate 
    HUD Office.
        In addition to this relief of paperwork burden in preparing 
    applications, applicants will be able to use information and exhibits 
    previously prepared for prior applications under Section 202, Section 
    811, or other funding programs. Examples of exhibits that may be 
    readily adapted or amended to decrease the burden of application 
    preparation include, among others, those on previous participation in 
    the Section 202 or Section 811 programs, applicant experience in 
    provision of housing and services, supportive services plan, community 
    ties, and experience serving minorities.
    
    B. General Application Requirements
    
        1. Form HUD-92015-CA, Application for Section 202 Supportive 
    Housing Capital Advance.
        2. Evidence of each Sponsor's legal status as a private, nonprofit 
    organization or nonprofit consumer cooperative, including the 
    following:
        (a) Articles of Incorporation, constitution, or other 
    organizational documents;
        (b) By-laws;
        (c) IRS tax exemption ruling (this must be submitted by all 
    Sponsors, including churches). A consumer cooperative that is tax 
    exempt under State law, has never been liable for payment of Federal 
    income taxes, and does not pay patronage dividends may be exempt from 
    the requirement set out in the previous sentence if it is not eligible 
    for tax exemption.
    
        Note: Sponsors who have received a section 202 fund reservation 
    within the last three funding cycles are not required to submit the 
    documents described in (a), (b), and (c), above. Instead, sponsors 
    must submit the project number of the latest application and the HUD 
    office to which it was submitted. If there have been any 
    modifications or additions to the subject documents, indicate such, 
    and submit the new material.
    
        (d) Resolution of the board, duly certified by an officer, that no 
    officer or director of the Sponsor or Owner has or will have any 
    financial interest in any contract with the Owner or in any firm or 
    corporation that has or will have a contract with the Owner and that 
    includes a current listing of all duly qualified and sitting officers 
    and directors by title, and the beginning and ending dates of each 
    person's term.
        3. Sponsor's purpose, community ties, and experience, including the 
    following:
        (a) A description of Sponsor's purposes and activities, ties to the 
    community, and minority support, and how long the Sponsor has been in 
    existence (include any additional related information);
        (b) A description of Sponsor's housing and/or supportive services 
    experience.
    
    [[Page 35871]]
    
    The description should include any rental housing projects and/or 
    medical facilities, sponsored, owned, and operated by the Sponsor, the 
    Sponsor's past or current involvement in any programs other than 
    housing that demonstrates the Sponsor's management capabilities and 
    experience, and the Sponsor's experience in serving the elderly and/or 
    families and minorities;
        (c) A description of Sponsor's participation in joint ventures and 
    experience in contracting with minority-owned businesses, women-owned 
    businesses, and small businesses over the last three years, including a 
    description of the joint venture, partners and the Sponsor's 
    involvement and a summary of the total contract amounts awarded in each 
    of the three categories for the preceding three years, and the 
    percentage that amount represents of all contracts awarded by the 
    Sponsor in the relevant time period;
        (d) A certified Board Resolution, acknowledging responsibilities of 
    sponsorship, long-term support of the project(s), willingness of 
    Sponsor to assist the Owner to develop, own, manage, and provide 
    appropriate services in connection with the proposed project, and that 
    it reflects the will of its membership. Also, evidence, in the form of 
    a certified Board Resolution, of the Sponsor's willingness to fund the 
    estimated start-up expenses, the Minimum Capital Investment (one-half 
    of one percent of the HUD-approved capital advance, not to exceed 
    $10,000, if nonaffiliated with a National Sponsor; one-half of one 
    percent of the HUD-approved capital advance, not to exceed $25,000, for 
    all other Sponsors;), and the estimated cost of any amenities or 
    features (and operating costs related thereto) that would not be 
    covered by the approved capital advance.
        (e) Description, if applicable, of the Sponsor's efforts to involve 
    elderly persons, including minority elderly persons, in the development 
    of the application, as well as its intent to involve elderly persons in 
    the development of the project.
        4. Project information, including the following:
        (a) Evidence of need for supportive housing. Such evidence would 
    include a description of the category or categories of elderly persons 
    the housing is intended to serve and evidence demonstrating sustained 
    effective demand for supportive housing for that population in the 
    market area to be served, taking into consideration the occupancy and 
    vacancy conditions in existing Federally assisted housing for the 
    elderly (HUD and RHS; e.g., public housing); State or local data on the 
    limitations in activities of daily living among the elderly in the 
    area; aging in place in existing assisted rentals; trends in 
    demographic changes in elderly population and households; the numbers 
    of income eligible elderly households by size, tenure, and housing 
    condition, the types of supportive services arrangements currently 
    available in the area and the use of such services as evidenced by data 
    from local social service agencies or agencies on aging.
        (b) Description of the project, including the following:
        (1) Narrative description of the building design, including a 
    description of any special design features and community space, and how 
    this design will facilitate the delivery of services in an economical 
    fashion and accommodate the changing needs of the residents over the 
    next 10-20 years.
        (2) Describe whether and how the project will promote energy 
    efficiency, and, if applicable, innovative construction or 
    rehabilitation methods or technologies to be used that will promote 
    efficient construction.
        (c) Evidence of site control and permissive zoning.
        (1) Evidence that the Sponsor has entered into a legally binding 
    option agreement (which extends through the end of the current fiscal 
    year and contains a renewal provision so that the option can be renewed 
    for at least an additional six months) to buy or lease the proposed 
    site; or has a copy of the contract of sale for the site, a deed, long-
    term leasehold, a request with all supporting documentation, submitted 
    either prior to or with the Application for Capital Advance, for a 
    partial release of a site covered by a mortgage under a HUD program, or 
    other evidence of legal ownership of the site (including properties to 
    be acquired from the RTC/FDIC). The Sponsor must also identify any 
    restrictive covenants, including reverter clauses. In the case of a 
    site to be acquired from a public body, evidence that the public body 
    possesses clear title to the site, and has entered into a legally 
    binding agreement to lease or convey the site to the Sponsor after it 
    receives and accepts a notice of Section 202 capital advance and 
    identification of any restrictive covenants, including reverter 
    clauses. However, in localities where HUD determines the time 
    constraints of the funding round will not permit all of the required 
    official actions (e.g., approval of Community Planning Boards) that are 
    necessary to convey publicly-owned sites, a letter in the application 
    from the mayor or director of the appropriate local agency indicating 
    approval of conveyance of the site contingent upon the necessary 
    approval action is acceptable and may be approved by the HUD Office if 
    it has satisfactory experience with timely conveyance of sites from 
    that public body. In such cases, documentation shall also include a 
    copy of the public body's evidence of ownership and identification of 
    any restrictive covenants, including reverter clauses.
    
        Note: A proposed project site may not be acquired or optioned 
    from a general contractor (or its affiliate) that will construct the 
    section 202 project or from any other development team member.
    
        (2) Evidence that the project as proposed is permissible under 
    applicable zoning ordinances or regulations, or a statement of the 
    proposed action required to make the proposed project permissible and 
    the basis for belief that the proposed action will be completed 
    successfully before the submission of the commitment application (e.g., 
    a summary of the results of any requests for rezoning on land in 
    similar zoning classifications and the time required for such rezoning, 
    preliminary indications of acceptability from zoning bodies, etc.).
        (3) Narrative description of site and area surrounding the site, 
    characteristics of neighborhood, how the site will promote greater 
    housing opportunities for minorities, and any other information that 
    affects the suitability of the site for the elderly.
        (4) A map showing the location of the site and the racial 
    composition of the neighborhood, with the area of racial concentration 
    delineated.
        (5) A Transaction Screen Process, in accordance with the American 
    Society for Testing and Material (ASTM) Standards E 1528-93 and E 1527-
    93, as amended. If the completion of the Transaction Screen 
    Questionnaire results in either a ``yes'' or ``unknown'' response, 
    further study is required, and the Sponsor must complete a Phase I 
    Environmental Site Assessment in accordance with the ASTM and submit it 
    with the application. Sponsors may choose to automatically complete a 
    Phase I Environmental Site Assessment in lieu of completing the 
    Transaction Screen Questionnaire. If the Phase I study indicates the 
    possible presence of contamination and/or hazards, further study must 
    be undertaken. At this point, the Sponsor must decide whether to 
    continue with this site or choose another site. Should the Sponsor 
    choose another site, the same environmental site assessment procedure 
    identified above must be followed for that site.
    
    [[Page 35872]]
    
    Since all Transaction Screen processes and Phase I studies must be 
    completed and submitted with the application, it is important that the 
    Sponsor start the site assessment process as soon after the publication 
    of this NOFA as possible.
        If the Sponsor chooses to continue with the original site, then it 
    must undertake a detailed Phase II Environmental Site Assessment by an 
    appropriate professional.
    
        Note: This could be an expensive undertaking. The cost of the 
    study will be borne by the sponsor if the application is not 
    selected.
    
        If the Phase II Assessment reveals site contamination, the extent 
    of the contamination, and a plan for clean-up of the site must be 
    submitted to the local HUD Office. The plan for clean-up must include a 
    contract for remediation of the problem(s) and an approval letter from 
    the applicable Federal, State, and/or local agency with jurisdiction 
    over the site. In order for the application to be considered for review 
    under this FY 1996 funding, this information would have to be submitted 
    to the local HUD Office no later than 30 days after the application 
    deadline date.
    
        Note: For properties to be acquired from the RTC/FDIC, include a 
    copy of the RTC/FDIC prepared Transaction Screen Checklist or Phase 
    I Environmental Site Assessment, and applicable documentation, per 
    the RTC/FDIC Environmental Guidelines.
    
        (6) If applicable, identify whether the site for the proposed 
    project is located within the boundaries of a Place Based Community 
    Revitalization Area, as defined above. If the site is in a Place Based 
    Community Revitalization Area, briefly summarize the locally developed 
    strategy for the area involving items such as physical improvements, 
    necessary public facilities and services, private investment and 
    citizen self-help activities.
        (d) Provision of supportive services and proposed facility.
        (1) A detailed description of the supportive services proposed to 
    be provided to the anticipated occupancy.
        (2) Form HUD 92013E, Supplemental Application Processing Form--
    Housing for the Elderly. Identify all supportive services, if any, to 
    be provided to the persons occupying such housing.
        (3) A description of public or private sources of assistance that 
    reasonably could be expected to fund the proposed services.
        (4) The manner in which such services will be provided to such 
    persons (i.e., on or off-site), including whether a service coordinator 
    will facilitate the adequate provision of such services, and how the 
    services will meet the identified needs of the residents.
        5. A list of the applications, if any, the Sponsor has submitted or 
    is planning to submit to any other HUD Office in response to this NOFA 
    or the NOFA for Supportive Housing for Persons with Disabilities 
    (published elsewhere in today's Federal Register). Indicate by HUD 
    Office, the proposed location by city and State, and the number of 
    units requested for each application. Include a list of all FY 1995 and 
    prior year projects to which the Sponsor(s) is a party, identified by 
    project number and HUD Office, which have not been finally closed.
        6. HUD-2880, Applicant/Recipient Disclosure/Update Report, 
    including Social Security Numbers and Employee Identification Numbers.
        7. E.O. 12372. A certification that the Sponsor has submitted a 
    copy of its applications, if required, to the State agency (single 
    point of contact) for State review in accordance with Executive Order 
    12372.
        8. A statement that (a) identifies all persons (families, 
    individuals, businesses, and nonprofit organizations), identified by 
    race/minority group, and status as owners or tenants, occupying the 
    property on the date of submission of the application for a capital 
    advance; (b) indicates the estimated cost of relocation payments and 
    other services; and (c) identifies the staff organization that will 
    carry out the relocation activities.
    
        Note: If any of the relocation costs will be funded from sources 
    other than the section 202 capital advance, the sponsor must provide 
    evidence of a firm commitment of these funds. When evaluating 
    applications, HUD will consider the total cost of proposals (i.e., 
    cost of site acquisition, relocation, construction and other project 
    costs).
    
        9. SF-424. A certification on SF-424, Application for Federal 
    Assistance, that the Sponsor(s) is not delinquent on the repayment of 
    any Federal debt.
        10. Disclosure of Lobbying Activities. If the amount applied for is 
    greater than $100,000, the certification with regard to lobbying 
    required by 24 CFR part 87 must be included. If the amount applied for 
    is greater than $100,000 and the applicant has made or has agreed to 
    make any payment using nonappropriated funds for lobbying activity, as 
    described in 24 CFR part 87, the submission must also include SF LLL, 
    Disclosure of Lobbying Activities. The applicant determines if the 
    submission of the SF LLL form is applicable.
        11. Certification of Consistency with the Consolidated Plan (Plan) 
    for the jurisdiction in which the proposed project will be located must 
    be submitted by the Sponsor. The certification must be made by the unit 
    of general local government if it is required to have, or has, a 
    complete Plan. Otherwise the certification may be made by the State, or 
    if the project will be located in a unit of general local government 
    authorized to use an abbreviated strategy, by the unit of general local 
    government if it is willing to prepare such a Plan.
        All certifications must be made by the public official responsible 
    for submitting the Plan to HUD. The certifications must be submitted as 
    part of the application by the application submission deadline set 
    forth in this NOFA. The Plan regulations are published in 24 CFR part 
    91.
        12. Sponsor Certifications. (a) A certification of the Sponsor(s)' 
    intent to comply with section 504 of the Rehabilitation Act of 1973 (29 
    U.S.C. 794) and the implementing regulations at 24 CFR part 8; the Fair 
    Housing Act (42 U.S.C. 3600-3619) and the implementing regulations at 
    24 CFR part 100, 108, 109, and 110; Title VI of the Civil Rights Act of 
    1964 (42 U.S.C. 2000d) and the implementing regulations at 24 CFR part 
    1; section 3 of the Housing and Urban Development Act of 1968 (12 
    U.S.C. 1701u) and the implementing regulations at 24 CFR part 135; the 
    Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and the 
    implementing regulations at 24 CFR part 146; Executive Order 11246 (as 
    amended) and the implementing regulations at 41 CFR Chapter 60; the 
    regulations implementing Executive Order 11063 (Equal Opportunity in 
    Housing) at 24 CFR part 107; the Americans with Disabilities Act (42 
    U.S.C. 12101 et seq.) to the extent applicable; the affirmative fair 
    housing marketing requirements of 24 CFR part 200, subpart M and the 
    implementing regulations at 24 CFR part 108; and other applicable 
    Federal, State, and local laws prohibiting discrimination and promoting 
    equal opportunity.
        (b) A certification that the Sponsor(s) will comply with the 
    requirements of the Drug-Free Workplace Act.
        (c) A certification that the project will comply with HUD's project 
    design and cost standards; the Uniform Federal Accessibility Standards 
    and HUD's implementing regulations at 24 CFR part 40; Section 504 of 
    the Rehabilitation Act of 1973 and HUD's implementing regulations at 24 
    CFR part 8; and for covered multifamily dwellings designed and 
    constructed for first occupancy after March 13, 1991, the design and 
    construction requirements of the Fair Housing Act and HUD's 
    implementing
    
    [[Page 35873]]
    
    regulations at 24 CFR part 100; and the Americans with Disabilities Act 
    of 1990.
        (d) A certification by the Sponsor(s) that it will comply (or has 
    complied) with the acquisition and relocation requirements of the 
    Uniform Relocation Assistance and Real Property Acquisition Policies 
    Act of 1970, as amended (URA), implemented by regulations at 49 CFR 
    part 24, and 24 CFR 891.155(e).
        (e) A certification by the Sponsor(s) that it will form an Owner 
    (as defined in 24 CFR 891.305) after the issuance of the capital 
    advance, will cause the Owner to file a request for determination of 
    eligibility and a request for capital advance, and will provide 
    sufficient resources to the Owner to insure the development and long-
    term operation of the project, including capitalizing the Owner at 
    conditional commitment processing in an amount sufficient to meet its 
    obligations in connection with the project.
    
    IV. Development Cost Limits
    
        (a) The following development cost limits, adjusted by locality as 
    described in (b) below, shall be used to determine the capital advance 
    amount to be reserved for projects for the elderly:
        (1) The total development cost of the property or project 
    attributable to dwelling use (less the incremental development cost and 
    the capitalized operating costs associated with any excess amenities 
    and design features to be paid for by the Sponsor) may not exceed:
    
    Non-elevator structures:
        $28,032 per family unit without a bedroom;
        $32,321 per family unit with one bedroom;
        $38,979 per family unit with two bedrooms;
    For elevator structures:
        $29,500 per family unit without a bedroom;
        $33,816 per family unit with one bedroom;
        $41,120 per family unit with two bedrooms;
    
        (2) These cost limits reflect those costs reasonable and necessary 
    to develop a project of modest design that complies with HUD minimum 
    property standards; the accessibility requirements of Sec. 891.120(b); 
    and the project design and cost standards of Sec. 891.120.
        (b) Increased development cost limits.
        (1) HUD may increase the development cost limits set forth in 
    paragraph (a)(1) of this section by up to 140 percent in any geographic 
    area where the cost levels require, and may increase the development 
    cost limits by up to 160 percent on a project-by-project basis.
        (2) If HUD finds that high construction costs in Alaska, Guam, 
    Virgin Islands or Hawaii make it infeasible to construct dwellings, 
    without the sacrifice of sound standards of construction, design, and 
    livability, within the development cost limits provided in this 
    paragraph (a), the amount of the capital advances may be increased to 
    compensate for such costs. The increase may not exceed the limits 
    established under this section (including any high cost area 
    adjustment) by more than 50 percent.
    
    V. Other Matters
    
    A. Environmental Impact
    
        A Finding of No Significant Impact with respect to the environment 
    has been made in accordance with HUD regulations that implement section 
    102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
    4332). The Finding of No Significant Impact is available for public 
    inspection during business hours in the Office of the Rules Docket 
    Clerk, Office of General Counsel, Room 10276, Department of Housing and 
    Urban Development, 451 Seventh Street, SW, Washington, DC 20410. This 
    NOFA only solicits applications for supportive housing for the elderly.
    
    B. Federalism Executive Order
    
        The General Counsel, as the Designated Official under section 6(a) 
    of Executive Order 12612, Federalism, has determined that this NOFA 
    does not have substantial direct effects on States or their political 
    subdivisions, or on the relationship between the Federal government and 
    the States, or on the distribution of power and responsibilities among 
    the various levels of government. This NOFA merely notifies the public 
    of the availability of capital advances and project rental assistance 
    for supportive housing for the elderly.
    
    C. Family Executive Order
    
        The General Counsel, as the Designated Official under Executive 
    Order 12606, The Family, has determined that this NOFA does not have 
    the potential for significant impact on family formation, maintenance, 
    or general well-being. This NOFA may have a positive though indirect 
    effect on families, to the extent that families will benefit from the 
    provision of supportive housing for elderly persons. Since any effect 
    on families is beneficial, this NOFA is not subject to review under the 
    Order.
    
    D. Accountability in the Provision of HUD Assistance
    
        HUD has promulgated a final rule to implement section 102 of the 
    Department of Housing and Urban Development Reform Act of 1989 (HUD 
    Reform Act). This final rule is codified at 24 CFR part 12. Section 102 
    contains a number of provisions that are designed to ensure greater 
    accountability and integrity in the provision of certain types of 
    assistance administered by HUD. On January 14, 1992, HUD published in 
    the Federal Register (57 FR 1942) additional information that gave the 
    public (including applicants for, and recipients of, HUD assistance) 
    further information on the implementation, public access, and 
    disclosure requirements of section 102. The documentation, public 
    access, and disclosure requirements of section 102 are applicable to 
    assistance awarded under this NOFA as follows:
    1. Documentation and Public Access Requirements
        HUD will ensure that documentation and other information regarding 
    each application submitted pursuant to this NOFA are sufficient to 
    indicate the basis upon which assistance was provided or denied. This 
    material, including any letters of support, will be made available for 
    public inspection for a five-year period beginning not less than 30 
    days after the award of the assistance. Material will be made available 
    in accordance with the Freedom of Information Act (5 U.S.C. 552) and 
    HUD's implementing regulations at 24 CFR part 15. In addition, HUD will 
    include the recipients of assistance pursuant to this NOFA in its 
    Federal Register notice of all recipients of HUD assistance awarded on 
    a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice 
    published in the Federal Register on January 16, 1992 (57 FR 1942), for 
    further information on these requirements.)
    2. Disclosures
        HUD will make available to the public for five years all applicant 
    disclosure reports (HUD Form 2880) submitted in connection with this 
    NOFA. Update reports (also Form 2880) will be made available along with 
    the applicant disclosure reports, but in no case for a period less than 
    three years. All reports--both applicant disclosures and updates--will 
    be made available in accordance with the Freedom of Information Act (5 
    U.S.C. 552) and HUD's implementing regulations at 24
    
    [[Page 35874]]
    
    CFR part 15. (See 24 CFR subpart C, and the notice published in the 
    Federal Register on January 16, 1992 (57 FR 1942), for further 
    information on these disclosure requirements.)
    
    E. Prohibition Against Advance Information on Funding Decisions.
    
        HUD's regulation implementing section 103 of the Department of 
    Housing and Urban Development Reform Act of 1989, codified as 24 CFR 
    part 4, applies to the funding competition announced today. The 
    requirements of the rule continue to apply until the announcement of 
    the selection of successful applicants. HUD employees involved in the 
    review of applications and in the making of funding decisions are 
    limited 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 (TTY/Voice). (This is 
    not a toll-free number.) 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.
    
    F. Prohibition Against Lobbying Activities
    
        The use of funds awarded under this NOFA is subject to the 
    disclosure requirements and prohibitions of Section 319 of the 
    Department of the Interior and Related Agencies Appropriations Act for 
    Fiscal Year 1990 (31 U.S.C. 1352)(the Byrd Amendment) and the 
    implementing regulations at 24 CFR part 87. These authorities prohibit 
    recipients of Federal contracts, grants, or loans from using 
    appropriated funds for lobbying the executive or legislative branches 
    of the Federal Government in connection with a specific contract, 
    grant, or loan. The prohibition also covers the awarding of contracts, 
    grants, cooperative agreements, or loans unless the recipient has made 
    an acceptable certification regarding lobbying. Under 24 CFR part 87, 
    applicants, recipients and subrecipients of assistance exceeding 
    $100,000 must certify that no Federal funds have been or will be spent 
    on lobbying activities in connection with the assistance.
    
    G. Catalog of Federal Domestic Assistance Program
    
        The Catalog of Federal Domestic Assistance Program title and number 
    is 14.157, Housing for the Elderly or Handicapped.
    
        Authority: Section 202, Housing Act of 1959, as amended (12 
    U.S.C. 1701q), Section 7(d), Department of Housing and Urban 
    Development Act (42 U.S.C. 3535(d)).
    
        Dated: June 27, 1996.
    Nicolas P. Retsinas,
    Assistant Secretary for Housing--Federal Housing Commissioner.
    
    Appendix A--HUD Offices
    
        Note: The first line of the mailing address for all offices is 
    U.S. Department of Housing and Urban Development. Telephone numbers 
    listed are not toll-free.
    
    HUD--New England Area
    
    Connecticut State office
    
    First Floor, 330 Main Street, Hartford, CT 06106-1860, (203) 240-
    4523
    
    Massachusetts State Office
    
    Room 375, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway 
    Street, Boston, MA 02222-1092, (617) 565-5234
    
    New Hampshire State Office
    
    Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH 
    03101-2487, (603) 666-7681
    
    Rhode Island State Office
    
    Sixth Floor, 10 Weybosset Street, Providence, RI 02903-3234, (401) 
    528-5351
    
    HUD--New York, New Jersey Area
    
    New Jersey State Office
    
    Thirteenth Floor, One Newark Center, Newark, NJ 07102-5260, (201) 
    622-7900
    
    New York State Office
    
    26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500
    
    Buffalo Area Office
    
    Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203-
    1780, (716) 551-5755
    
    HUD--Midatlantic Area
    
    District of Columbia Office
    
    820 First Street, NE., Washington, D.C. 20002-4502, (202) 275-9200
    
    Maryland State Office
    
    Fifth Floor, City Crescent Building, 10 South Howard Street, 
    Baltimore, MD 21201-2505, (410) 962-2520
    
    Pennsylvania State Office
    
    The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 
    19107-3390 (215) 656-0600
    
    Virginia State Office
    
    The 3600 Centre, 3600 West Broad Street, P.O. Box 90331, Richmond, 
    VA 23230-0331, (804) 278-4507
    
    West Virginia State Office
    
    Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-
    7000
    
    Pittsburgh Area Office
    
    339 Sixth Avenue, Sixth Floor, Pittsburgh, PA 15222-2515 (412) 644-
    6428
    
    HUD--Southeast/Caribbean Area
    
    Alabama State Office
    
    Suite 300,
    Beacon Ridge Tower,
    600 Beacon Parkway, West,
    Birmingham, AL 35209-3144,
    (205) 290-7617
    
    Caribbean Office
    
    New San Juan Office Building,
    159 Carlos Chardon Avenue,
    San Juan, PR 00918-1804,
    (809) 766-6121,
    
    Georgia State Office
    
    Richard B. Russell Federal Building,
    75 Spring Street, S.W.,
    Atlanta, GA 30303-3388,
    (404) 331-5136
    
    Kentucky State Office
    
    601 West Broadway,
    P.O. Box 1044,
    Louisville, KY 40201-1044,
    (502) 582-5251
    
    Mississippi State Office
    
    Suite 910,
    Doctor A.H. McCoy Federal Building,
    100 West Capitol Street,
    Jackson, MS 39269-1096,
    (601) 965-5308
    
    North Carolina State Office
    
    Koger Building,
    2306 West Meadowview Road,
    Greensboro, NC 27407-3707,
    (919) 547-4001
    
    South Carolina State Office
    
    Strom Thurmond Federal Building,
    1835-45 Assembly Street,
    Columbia, SC 29201-2480,
    (803) 765-5592
    
    Tennessee State Office
    
    Suite 200,
    251 Cumberland Bend Drive,
    Nashville, TN 37228-1803,
    (615) 736-5213
    
    Jacksonville Area Office
    
    Suite 2200,
    Southern Bell Tower,
    301 West Bay Street,
    Jacksonville, FL 32202-5121,
    (904) 232-2626
    
    Knoxville Area Office
    
    Third Floor,
    John J. Duncan Federal Building,
    710 Locust Street,
    Knoxville, TN 37902-2526,
    (615) 545-4384
    
    HUD--Midwest Area
    
    Illinois State Office
    
    Ralph H. Metcalfe Federal Building,
    77 West Jackson Boulevard,
    Chicago, IL 60604-3507,
    (312) 353-5680
    
    Indiana State Office
    
    151 North Delaware Street,
    Indianapolis, IN 46204-2526,
    
    [[Page 35875]]
    
    (317) 226-6303
    
    Michigan State Office
    
    Patrick V. McNamara Federal Building,
    477 Michigan Avenue,
    Detroit, MI 48226-2592,
    (313) 226-7900
    
    Minnesota State Office,
    
    220 Second Street, South,
    Minneapolis, MN 55401-2195,
    (612) 370-3000
    
    Ohio State Office
    
    200 North High Street,
    Columbus, OH 43215-2499,
    (614) 469-5737
    
    Wisconsin State Office
    
    Suite 1380,
    Henry S. Reuss Federal Plaza,
    310 West Wisconsin Avenue,
    Milwaukee, WI 53203-2289,
    (414) 297-3214
    
    Cincinnati Area Office
    
    525 Vine Street,
    Seventh Floor,
    Cincinnati, OH 45202-3188,
    (513) 684-2884
    
    Cleveland Area Office
    
    Fifth Floor,
    Renaissance Building,
    1350 Euclid Avenue,
    Cleveland, OH 44115-1815,
    (216) 522-4065
    
    Grand Rapids Area Office
    
    Trade Center Building,
    Third Floor,
    50 Louis Street, NW,
    Grand Rapids, MI 49503-2648,
    (616) 456-2100
    
    HUD--Southwest Area
    
    Arkansas State Office
    
    Suite 900,
    TCBY Tower,
    425 West Capitol Avenue,
    Little Rock, AR 72201-3488,
    (501) 324-5931
    
    Louisiana State Office
    
    Ninth Floor,
    Hale Boggs Federal Building,
    501 Magazine Street,
    New Orleans, LA 70130-3099,
    (504) 589-7200
    
    Oklahoma State Office
    
    500 Main Plaza,
    500 West Main Street,
    Suite 400,
    Oklahoma City, OK 73102-2233,
    (405) 553-7400
    
    Texas State Office
    
    1600 Throckmorton Street,
    P.O. Box 2905,
    Fort Worth, TX 76113-2905,
    (817) 885-5401
    
    Houston Area Office
    
    Suite 200,
    Norfolk Tower,
    2211 Norfolk,
    Houston, TX 77098-4096,
    (713) 313-2274
    
    San Antonio Area Office
    
    Washington Square,
    800 Dolorosa Street,
    San Antonio, TX 78207-4563,
    (210) 472-6800
    
    HUD--Great Plains
    
    Iowa State Office
    
    Room 239,
    Federal Building,
    210 Walnut Street,
    Des Moines, IA 50309-2155,
    (515) 284-4512
    
    Kansas/Missouri State Office
    
    Room 200
    Gateway Tower II,
    400 State Avenue,
    Kansas City, KS 66101-2406,
    (913) 551-5462
    
    Nebraska State Office
    
    Executive Tower Centre,
    10909 Mill Valley Road,
    Omaha, NE 68154-3955,
    (402) 492-3100
    
    Saint Louis Area Field Office
    
    Third Floor,
    Robert A. Young Federal Building,
    1222 Spruce Street,
    St. Louis, MO 63103-2836,
    (314) 539-6583
    
    HUD--Rocky Mountains Area
    
    Colorado State Office
    
    633 17th Street,
    Denver, CO 80202-3607,
    (303) 672-5440
    
    HUD--Pacific/Hawaii Area
    
    Arizona State Office
    
    Suite 1600,
    Two Arizona Center,
    400 North 5th Street,
    Phoenix, AZ 85004-2361,
    (602) 379-4434
    
    California State Office
    
    Philip Burton Federal Building and U.S. Courthouse,
    450 Golden Gate Avenue,
    P.O. Box 36003,
    San Francisco, CA 94102-3448,
    (415) 436-6532
    
    Hawaii State Office
    
    Suite 500,
    7 Waterfront Plaza,
    500 Ala Moana Boulevard,
    Honolulu, HI 96813-4918,
    (808) 522-8175
    
    Los Angeles Area Office
    
    1615 West Olympic Boulevard,
    Los Angeles, CA 90015-3801,
    (213) 251-7122
    
    Sacramento Area Office
    
    Suite 200,
    777 12th Street,
    Sacramento, CA 95814-1997,
    (916) 498-5220
    
    HUD--Northwest/Alaska Area
    
    Alaska State Office
    
    Suite 401,
    University Plaza Building,
    949 East 36th Avenue,
    Anchorage, AK 99508-4399,
    (907) 271-4170
    
    Oregon State Office
    
    400 Southwest Sixth Avenue,
    Suite 700,
    Portland, OR 97204-1632,
    (503) 326-2561
    
    Washington State Office
    
    Suite 200,
    Seattle Federal Office Building,
    909 First Avenue,
    Seattle, WA 98104-1000,
    (206) 220-5101
    
    [FR Doc. 96-17259 Filed 7-5-96; 8:45 am]
    BILLING CODE 4210-27-P