[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35878-35888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17260]
[[Page 35877]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Supportive Housing for Persons with Disabilities: Funding Availability;
Notice
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 /
Notices
[[Page 35878]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4053-N-01]
Office of the Assistant Secretary for Housing--Federal Housing
Commissioner; Notice of Funding Availability (NOFA) for Supportive
Housing for Persons with Disabilities
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
persons with disabilities. 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 811 of the Cranston-Gonzalez National Affordable Housing
Act (the NAHA) (Pub. L. 101-625, approved November 28, 1990), as
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) authorized a
new supportive housing program for persons with disabilities, and
replaced assistance for persons with disabilities previously covered by
section 202 of the Housing Act of 1959 (section 202 continues, as
amended by section 801 of the NAHA, and the HCD Act of 1992, to
authorize 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. Capital advances may be
used to finance the construction, rehabilitation, or acquisition with
or without rehabilitation, including acquisition from the Resolution
Trust Corporation, now the Federal Deposit Insurance Corporation (RTC/
FDIC), of structures to be developed into a variety of housing options
ranging from group homes and independent living facilities, to dwelling
units in multifamily housing developments, condominium housing, and
cooperative housing. This assistance may also cover the cost of real
property acquisition, site improvement, conversion, demolition,
relocation, and other expenses that the Secretary determines are
necessary to expand the supply of supportive housing for persons with
disabilities.
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 persons with disabilities, the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Pub. L. 104-
134, approved April 26, 1996) (Act) provides $233,168,000 for capital
advances for supportive housing for persons with disabilities, as
authorized by section 811 of the NAHA, and for project rental
assistance, and amendments to contracts for project rental assistance,
for supportive housing for persons with disabilities, as authorized by
section 811 of the NAHA. Twenty-five percent of this amount is being
set aside for tenant-based assistance administered through public
housing agencies (PHAs) for persons with disabilities and will be
announced through a separate Notice in the Federal Register.
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 F.R.
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) (formerly the Administration For Rural Housing and
Economic Development Services (ARHEDS)), which facilitates the
coordination between the two agencies in administering their respective
rental assistance programs, HUD is required to
[[Page 35879]]
notify RHS of applications for housing assistance it receives. This
notification gives RHS the opportunity to comment if it has concern
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 persons with disabilities. 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 811 funds consists of the
following two data elements:
1. A measure of the number of persons identified as having a public
transportation disability; and
2. A measure of the number of persons identified as having a work
disability.
The Section 811 capital advance funds have been allocated, based on
the formula above, to 51 HUD Offices as shown on the following chart:
Fiscal Year 1996 Allocations for Supportive Housing for Persons With
Disabilities
[Fiscal Year l996 Section 811 Allocations]
------------------------------------------------------------------------
Capital
Offices advance Units
authority
------------------------------------------------------------------------
New England:
Massachusetts.................................... $2,304,347 30
Connecticut...................................... 1,775,776 23
New Hampshire.................................... 1,272,707 21
Rhode Island..................................... 1,163,556 15
--------------------
Total........................................ 6,516,386 89
New York/New Jersey:
New York......................................... 4,621,108 60
Buffalo.......................................... 1,907,911 27
New Jersey....................................... 2,848,274 37
--------------------
Total........................................ 9,377,293 124
Mid-Atlantic:
Maryland......................................... 1,588,274 24
West Virginia.................................... 1,275,059 22
Pennsylvania..................................... 2,815,166 39
Pittsburgh....................................... 1,686,184 26
Virginia......................................... 1,443,678 26
D.C.............................................. 1,644,052 24
--------------------
Total........................................ 10,452,413 161
Southeast/Caribbean:
Georgia.......................................... 1,872,307 34
Alabama.......................................... 1,588,206 29
Caribbean........................................ 2,065,136 27
South Carolina................................... 1,546,241 26
North Carolina................................... 2,368,371 35
Mississippi...................................... 1,280,439 25
Jacksonville..................................... 3,308,152 55
Kentucky......................................... 1,544,489 27
Knoxville........................................ 1,123,096 22
Tennessee........................................ 1,213,784 23
--------------------
Total........................................ 17,910,221 303
Midwest:
Illinois......................................... 3,396,420 45
Cincinnati....................................... 1,282,225 22
Cleveland........................................ 1,997,821 30
Ohio............................................. 1,267,812 22
Michigan......................................... 2,292,272 34
Grand Rapids..................................... 1,179,163 20
Indiana.......................................... 1,726,524 29
Wisconsin........................................ 1,641,472 25
Minnesota........................................ 1,589,090 23
--------------------
Total........................................ 16,372,799 250
Southwest:
Texas/New Mexico................................. 1,960,498 37
Houston.......................................... 1,495,930 27
Arkansas......................................... 1,135,063 24
Louisiana........................................ 1,489,983 29
Oklahoma......................................... 1,230,229 24
San Antonio...................................... 1,350,583 26
--------------------
Total........................................ 8,662,286 167
Great Plains:
Iowa............................................. 1,178,380 21
Kansas/Missouri.................................. 1,426,009 25
Nebraska......................................... 804,793 15
St. Louis........................................ 1,524,072 24
--------------------
Total........................................ 4,933,254 85
Rocky Mountains:
Colorado......................................... 1,664,893 28
--------------------
Total........................................ 1,664,893 28
Pacific/Hawaii:
Hawaii
(Guam)......................................... 1,745,334 15
Los Angeles...................................... 4,776,022 63
Arizona.......................................... 1,258,733 23
Sacramento....................................... 1,558,476 21
California....................................... 2,972,723 39
--------------------
Total........................................ 12,311,288 161
Northwest/Alaska:
Alaska........................................... 1,745,334 15
Oregon........................................... 1,467,167 23
Washington....................................... 1,687,959 24
--------------------
Total........................................ 4,900,460 62
====================
National Total............................... 93,101,293 1,430
------------------------------------------------------------------------
C. Eligibility
Nonprofit organizations that have a Section 501(c)(3) tax exemption
from the Internal Revenue Service are the only eligible applicants
under this program. A single Sponsor shall not request more units in a
given HUD Office than permitted for that HUD Office in this NOFA.
D. Initial Screening, Technical Processing, and Selection Criteria
1. Initial Screening.
HUD will review applications for section 811 capital advances that
HUD receives 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-92016-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. All 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 only
on those applications containing satisfactory evidence of site control.
(Applications selected with sites identified will receive environmental
reviews after submission to HUD of satisfactory evidence of site
control and prior to approval of the sites.)
Examples of reasons for technical processing rejection include an
ineligible Sponsor, ineligible population to be served, lack of legal
capacity, insufficient need for the project, insufficient evidence that
the Sponsor will obtain control of the identified site
[[Page 35880]]
within six months of fund reservation award if the Sponsor did not
submit site control evidence with its application, the project will
adversely affect other HUD insured and assisted housing or an
unsatisfactory Supportive Services Certification by the appropriate
State or local agency.
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
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. below. Applications that have a total score of 60 points
or more will be eligible for selection and will be placed in rank
order. These applications will be selected based on rank order to and
including the last application that can be funded out of the local HUD
Office's allocation. Local HUD Offices shall not skip over any
applications in order to select one based on the funds remaining.
However, after making the initial selections, 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.
Funds remaining after this process is 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 811 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 (70 points
maximum--60 base points plus 10 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. (32 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) Applications submitted by Sponsors whose boards are comprised
of at least 51 percent consumers with disabilities (5 bonus points);
(4) The extent of local community support for the project and for
the Sponsor's activities, including previous experience in serving the
area where the project is to be located, and the Sponsor's demonstrated
ability to raise local funds (15 points); and
(5) The Sponsor's involvement of persons with disabilities
(including minority persons with disabilities) in the development of
the application, and its intent to involve persons with disabilities
(including minority persons with disabilities) in the implementation of
the program (5 bonus points).
(b) The need for supportive housing for persons with disabilities
in the area to be served, the extent to which the Sponsor has site
control, suitability of the site, and the design of the project,
considering (55 points maximum--40 base points plus 15 bonus points):
(1) The extent of the need for the project in the area based on a
determination by the HUD Office. This determination will be made by
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) for persons with disabilities and current
occupancy in such facilities, Federally assisted housing for persons
with disabilities under construction or for which fund reservations
have been issued, and, in accordance with an agreement between HUD and
RHS, comments from RHS on the demand for additional assisted housing
and the possible harm to existing projects in the same housing market
area (8 points);
(2) Applications containing acceptable evidence of control of an
approvable site (10 bonus points);
(3) 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
tenants; adequacy of utilities and streets, and freedom of the site
from adverse environmental conditions (site control projects only); and
compliance with the site and neighborhood standards (15 points);
(4) Suitability of the site from the standpoint of promoting a
greater choice of housing opportunities for minority persons with
disabilities (7 points);
(5) The extent to which the proposed design will meet any special
needs of persons with disabilities the housing is intended to serve (10
points); and
(6) The project will be located within the boundaries of a Place
Based Community Revitalization Area defined as a Federally-designated
Empowerment
[[Page 35881]]
Zone, Urban Supplemental Empowerment Zone, Enterprise Community, Urban
Enhanced Enterprise Community, or a HUD-approved CDBG neighborhood
revitalization strategy area (5 bonus points).
For the selection criterion in (6) 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 under control 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 25 bonus points
for a maximum total of 125 points.
II. Application Process
All applications for Section 811 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. HUD will not accept applications received after
that date and time, 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 minority media and media for persons with
disabilities, 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 disabled households.
Organizations interested in applying for a Section 811 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 appropriate HUD Office if 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 811
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,
Application Packages can also be obtained from the Multifamily Housing
Clearinghouse (see address and telephone number in the ``Application
Package'' section, above). However, Sponsors must contact the
appropriate HUD Office with any questions regarding the submission of
applications and for any additional application requirements.
At the workshops, HUD will distribute Application Packages and will
explain application procedures and requirements. Also, HUD will 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, of this NOFA (with
the exception of applications submitted by Sponsors selected for a
Section 811 fund reservation within the last three funding cycles), and
must be indexed and tabbed. Such previously selected Section 811
Sponsors are not required to submit the information described in
B.2.(a), (b), and (c), below, of this NOFA (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 HUD Office will base its
determination of the eligibility of a new Sponsor for a reservation of
Section 811 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 811, Section 202, 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 the provision of housing and services; supportive
services plan; community ties; and experience serving minorities.
B. General Application Requirements
1. Form HUD-92016-CA, Application for Section 811 Supportive
Housing Capital Advance.
Note: A sponsor may apply for a Scattered site Project in one
application.
2. Evidence of each Sponsor's legal status as a nonprofit
organization, including the following:
(a) Articles of Incorporation, constitution, or other
organizational documents;
(b) By-laws;
(c) IRS section 501(c)(3) tax exemption ruling (this must be
submitted by all Sponsors, including churches).
Note: Sponsors who have received a section 811 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 submitted
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.
(e) The number of people on the Sponsor's board and the number of
those people who are consumers with disabilities.
3. Sponsor's purpose, community ties, and experience, including the
following:
(a) Description of Sponsor's purpose and current activities;
(b) Description of Sponsor's ties to the community at large and to
the disabled community in particular;
(c) Description of Sponsor's housing and/or supportive services
experience. The description should include any rental housing projects
(including integrated housing developments) and/
[[Page 35882]]
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 persons with
disabilities and minorities.
(d) 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;
(e) 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), and the estimated cost of any amenities or features (and
operating costs related thereto) that would not be covered by the
approved capital advance;
(f) Description, if applicable, of the Sponsor's efforts to involve
persons with disabilities in the development of the application, as
well as its intent to involve persons with disabilities in the
implementation of the program.
4. Project information including the following:
(a) Evidence of need for supportive housing. An identification of
the proposed population and evidence demonstrating sustained effective
demand for the housing for the proposed population in the area to be
served, such as a description of market conditions in existing
Federally assisted housing for persons with disabilities (occupancy,
waiting lists, etc.), State or local needs assessments of persons with
disabilities in the area, 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.
(b) Description of the project, including the following:
(1) Number and type of structure(s), number of bedrooms if group
home, number of units with bedroom distribution if independent living
units (including condos), number of residents with disabilities, and
resident staff per structure.
(2) An identification of all community spaces, amenities, or
features planned for the housing. A description of how the spaces,
amenities, or features will be used, and the extent to which they are
necessary to accommodate any special needs of the proposed residents.
If these community spaces, amenities, or features would not comply with
the project design and cost standards of Sec. 891.120 and the special
project standards of Sec. 891.310, the Sponsor must demonstrate its
ability and willingness to contribute both the incremental development
cost and continuing operating cost associated with the community
spaces, amenities, or features; and
(3) Description of whether and how the project will promote energy
efficiency, and, if applicable, innovative construction or
rehabilitation methods or technologies to be used that will promote
efficient construction.
(c) A supportive services plan (a copy of which must be sent to the
appropriate State or local agency as instructed in section IV.C.,
below, of this NOFA) that includes:
(1) A detailed description of whether the housing is intended to
serve persons with physical, mental, or emotional impairments,
developmental disabilities, or chronic mental illness. Include how and
from whom/where persons will be referred and admitted to the project.
The Sponsor may, with the approval of the Secretary, limit occupancy
within housing developed under this part to persons with disabilities
who have similar disabilities and require a similar set of supportive
services in a supportive housing environment. However, no otherwise
qualified individual, regardless of disability, may be denied occupancy
if the person can benefit from the housing and/or services provided.
(2) A detailed description of any supportive service needs of the
proposed population and the extent to which the supportive services
will be needed.
(3) The manner in which such services will be provided, either by
residents taking responsibility for acquiring their own services, to
the extent needed, on an individual basis, or by a comprehensive
service plan organized by the Sponsor.
(4) If services will be organized or provided by the Sponsor,
include the following:
(i) The name(s) of the agency(s) (if other than the Sponsor) that
will be responsible for providing the supportive services;
(ii) The evidence of each service provider's capability and
experience in providing such supportive services;
(iii) A description of how, when, how often, and where (on/off-
site) the services will be provided;
(iv) A description of residential staff, if needed;
(v) Identification of the extent of State and local funds to assist
in the provision of supportive services;
(vi) Letters of intent from service providers or funding sources,
indicating commitments to fund or to provide the supportive services,
or indication that a particular service will be available to proposed
residents. If the Sponsor will be providing any supportive services or
will be coordinating the provision of any of the supportive services, a
letter indicating its commitment to either provide the supportive
services or ensure their provision for the life of the project;
(vii) If any State or local government funds will be provided, a
description of the State or local agency's philosophy/policy concerning
residential facilities for the population to be served, and a
demonstration by the Sponsor that the application is consistent with
State or local plans and policies governing the development and
operation of facilities for the same disabled population.
(5) If the proposed residents will be taking responsibility for
acquiring their own supportive services, a description of appropriate
services in the community from which the residents can choose.
(6) Assurances that the proposed residents will receive supportive
services based on their individual needs, and a commitment that
accepting supportive services will not be a condition of occupancy.
(7) Form HUD-92013E, Supplemental Application Processing Form--
Housing for Persons with Disabilities. Identify all supportive
services, if any, to be provided to the persons occupying such housing.
(d) Supportive Services Certification. A certification from the
appropriate State or local agency identified in the Application Package
that the provision of supportive services is well designed to serve the
special needs of persons with disabilities, that the necessary
supportive services will be provided on a consistent, long-term basis,
and that the proposed facility is consistent with
[[Page 35883]]
State or local plans and policies governing the development and
operation of facilities to serve individuals of the proposed occupancy
category. (The name, address, and telephone number of the appropriate
agency can be obtained from the appropriate HUD Office.)
(e) Evidence of control of an approvable site, or identification of
a site for which the Sponsor provides reasonable assurances that it
will obtain control within 6 months from the date of fund reservation
(if Sponsor is approved for funding).
(1) If the Sponsor has control of the site, it must submit the
following information:
(i) 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 purchase 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 811 capital advance,
and identification of any restrictive covenants, including reverter
clauses. However, in localities where HUD determines that 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
their 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 811 project or from any other development team member.
(ii) 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 or acceptability from zoning bodies, etc.).
(iii) 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 persons with disabilities and
including:
(A) A statement that the Sponsor is willing to seek a different
site if the preferred site is unapprovable and that site control will
be obtained within six months of notification of fund reservation;
(B) A map showing the location of the site and the racial
composition of the neighborhood, with the area of racial concentration
delineated;
(C) 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. 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 thirty days after the application
submission 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.
(D) If an exception to the project size limits found in section
IV.D., below, of this NOFA is being requested, describe why the site
was selected and demonstrate the following:
(i) The increased number of people is necessary for the economic
feasibility of the project;
(ii) The project is compatible with other residential development
and the population density of the area in which the project is to be
located;
(iii) The increased number of people will not prohibit their
successful integration into the community;
(iv) The project is marketable in the community;
(v) The size of the project is consistent with State and/or local
policies governing similar facilities for the proposed population; and
(vi) A statement that the Sponsor is willing to have its
application processed at the project size limit should HUD not approve
the exception.
(D) 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.
[[Page 35884]]
(2) If the Sponsor has identified a site, but does not have it
under control, it must submit the following information:
(i) A description of the location of the site, including its street
address and unit number (if condominium), neighborhood/community
characteristics (to include racial and ethnic data), amenities,
adjacent housing and/or facilities, how the site will promote greater
housing opportunities for minorities, and any other information that
affects the suitability of the site for persons with disabilities;
(ii) A description of the activities undertaken to identify the
site, as well as what actions must be taken to obtain control of the
site, if approved for funding;
(iii) An indication as to whether the site is properly zoned. If it
is not, an indication of the actions necessary for proper zoning and
whether these can be accomplished within six months of fund reservation
award, if approved for funding;
(iv) A status of the sale of the site; and
(v) An indication as to whether the site would involve relocation.
(f) Statements of support for the proposed project from
nongovernmental organizations familiar with the needs of the population
it would serve, any sources of local funds to serve the project,
minority support, and how long the Sponsor has been in existence
(include any additional related information).
(g) For group homes to be licensed as intermediate care facilities
(in which funding for the intermediate care is provided under Title XIX
of the Social Security Act) that serve persons with developmental
disabilities, the following must be submitted:
(1) Evidence demonstrating that the proposed project will primarily
provide housing rather than medical facilities, and is or will be
licensed by appropriate State agencies;
(2) Description of the medical training of the staff of the
proposed facility and any nursing services that will be required by the
residents on-site;
(3) Description of the services that will be funded by Medicaid for
residents of the proposed project, including their nature, frequency,
and where the services are to be provided;
(4) Description of any special design features proposed for the
group home that are not common to other Section 811 group homes for the
proposed population, and the Sponsor's rationale for including them;
(5) Written evidence from the State Medicaid Office that it
recognizes the need for a tenant contribution to rent and has agreed to
pay the cost of the tenant contribution in the Medicaid payment to the
Owner; and
(6) Statement certifying that the Individual Program Plan for each
resident will include participation in an out-of-the-home activity
program for at least six hours each weekday.
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 the Elderly (published elsewhere
in today's Federal Register). Indicate, by HUD Office, the number of
units requested and the proposed location by city and State for each
application. Also, 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 application, 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) 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. (This requirement applies to applications with
site control only. Sponsors of applications with identified sites that
are selected will be required to submit this information at a later
date once they have obtained site control.)
Note: If any of the relocation costs will be funded from sources
other than the section 811 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 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 date 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 parts 100,
108, 109, and 110; Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d) and the implementing regulations at 24 CFR part 1; section 3 of
the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the
implementing regulations at 24 CFR part 135; the Age Discrimination Act
of 1975 (42 U.S.C. 6101-6107) and the implementing regulations at 24
CFR part 146; Executive Order 11246 (as amended) and the implementing
regulations at 41 CFR Chapter 60; the regulations implementing
Executive Order 11063 (Equal Opportunity in Housing) at 24 CFR part
107; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) to
the extent applicable; the affirmative fair housing marketing
requirements of 24 CFR part 200, subpart M and the implementing
regulations at 24 CFR part 108; and other applicable Federal, State,
and local laws prohibiting discrimination and promoting equal
opportunity.
(b) A certification that the Sponsor(s) will comply with the
requirements of the Drug-Free Workplace Act.
(c) A certification that the project will comply with HUD's project
design and cost standards and special project standards; the Uniform
Federal
[[Page 35885]]
Accessibility Standards and HUD's implementing regulations at 24 CFR
part 40; section 504 of the Rehabilitation Act of 1973 and HUD's
implementing regulations at 24 CFR part 8; and for covered multifamily
dwellings designed and constructed for first occupancy after March 13,
1991, the design and construction requirements of the Fair Housing Act
and HUD's implementing regulations at 24 CFR part 100; and the
Americans with Disabilities Act of 1990.
(d) A certification by the Sponsor(s) that it will comply (or has
complied) with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended (URA), implemented by regulations at 49 CFR
part 24, and 24 CFR 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.
(f) A certification that the Sponsor will comply with the
requirements of the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4821-4846) and implementing regulations at 24 CFR part 35
(except as superseded in 24 CFR 891.325).
(g) A certification that the Sponsor will not require residents to
accept any supportive services as a condition of occupancy.
IV. Additional Information
A. 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 persons with disabilities:
(1) For independent living facilities: 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;
$49,893 per family unit with three bedrooms;
$55,583 per family unit with four 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;
$53,195 per family unit with three bedrooms;
$58,392 per family unit with four bedrooms.
(2) For group homes only:
------------------------------------------------------------------------
Type of Disability
---------------------------
Number residents Chronic
Physical/ mental
developmental illness
------------------------------------------------------------------------
3........................................... $128,710 $124,245
4........................................... 137,730 131,980
5........................................... 146,750 139,715
6........................................... 155,760 147,450
7........................................... 162,876 153,576
8........................................... 168,126 157,731
------------------------------------------------------------------------
These cost limits reflect those costs reasonable and necessary to
develop a project of modest design that complies with HUD minimum
property standards; the minimum group home requirements of
Sec. 891.310(a); the accessibility requirements of Secs. 891.120(b) and
891.310(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
paragraphs (a) (1) and (2) above by up to 140 percent in any geographic
area where the cost levels require, and may increase the development
cost limits by up to 160 percent on a project-by-project basis.
(2) If HUD finds that high construction costs in Alaska, Guam,
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 paragraphs
(a) (1) and (2) of this section, the amount of 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.
(3) For group homes only, HUD Offices may approve increases in the
development cost limits in paragraph (a)(2) above, in areas where
Sponsors can provide sufficient documentation that high land costs
limit or prohibit project feasibility. An example of acceptable
documentation is evidence of at least three land sales which have
actually taken place (listed prices for land are not acceptable) within
the last two years in the area where the project is to be built. The
average cost of the documented sales must exceed seven percent of the
development cost limit for which the project in question is eligible in
order for an increase to be considered.
B. Sites
The National Affordable Housing Act requires Sponsors submitting
applications for Section 811 fund reservations to provide either (a)
evidence of site control, or (b) reasonable assurances that it will
have control of a site within six months of notification of fund
reservation. Accordingly, if a Sponsor has control of a site at the
time it submits its application, it must include evidence of such as
described in the Application Package. If it does not have site control,
it must provide the information required in the application for
identified sites as a reasonable assurance that site control will be
obtained within six months of fund reservation notification.
Sponsors may select a site different from the one(s) submitted in
their original applications if the original site is not approvable.
Selection of a different site will require HUD performance of an
environmental review on the new site, which could result in rejection
of that site. However, if a Sponsor does not have site control for any
reason 12 months after notification of fund reservation, the assistance
will be recaptured and reallocated.
Sponsors submitting satisfactory evidence of an approvable site
(i.e., site control) will have 10 bonus points added to the rating of
their applications. Sponsors submitting proper identification of a site
will not be eligible for the 10 bonus points.
Applications containing evidence of site control where either the
evidence or the site is not approvable will not be rejected provided
the application indicates the Sponsor's willingness to select another
site and an assurance that site control will be obtained within six
months of fund reservation notification.
In the case of a scattered site application submitted with evidence
of site control for all of the sites, the evidence must be satisfactory
for each site, and all the sites must be approvable for the application
to receive the 10 bonus points for site control. The same applies to a
scattered site application in which the Sponsor has control of some of
the sites but has only identified
[[Page 35886]]
others. It would also not be eligible for the 10 bonus points for site
control.
C. Supportive Services
The National Affordable Housing Act requires Sponsors submitting
applications for Section 811 fund reservations to include a supportive
services plan and a certification from the appropriate State or local
agency that the provision of services identified in the supportive
services plan is well designed to serve the special needs of persons
with disabilities. Paragraph III.B.4.(c) above outlines the information
that must be in the Supportive Services Plan. Sponsors must submit one
copy of their Supportive Services Plans to the appropriate State or
local agency well in advance of the application submission deadline
date in order for the State or local agency to review the Supportive
Services Plan and complete the Supportive Services Certification
(Paragraph III.B.4(d) above, to be supplied by the Sponsor from the
Application Package received from the HUD Office) and return it to the
Sponsor for inclusion with the application submission to HUD.
Since the appropriate State or local agency will review the
Supportive Services Plan on behalf of HUD, the Supportive Services
Certification, in addition to the indication as to whether the
provision of supportive services is well designed, will indicate
whether the Sponsor demonstrated that necessary supportive services
will be provided on a consistent, long-term basis. If HUD receives an
application in which the Supportive Services Certification is missing,
is received by HUD after the deficiency period, or indicates that
either the provision of services is not well designed to meet the
special needs of persons with disabilities, the proposed facility is
not consistent with the agency's plans/policies governing the
development and operation of facilities to serve the proposed
population and the agency will be a major funding or referral source
for the proposed project, or that the Sponsor failed to demonstrate
that any necessary services will be provided on a consistent, long-term
basis, the application shall be rejected.
HUD recognizes that there will be varying degrees of need for
supportive services by the potential residents of Section 811 housing,
even to the degree of needing no special services at all. Sponsors must
describe this in the application, in Exhibit 4. A Sponsor proposing to
serve persons with disabilities who need few, if any, special services
will not have its application penalized as a result. In addition,
Sponsors may not require residents, as a condition of occupancy, to
accept any supportive service.
D. Project Size Limits
1. Group home--The minimum number of persons with disabilities that
can be housed in a group home is three and the maximum number is eight.
2. Independent living facility--The minimum number of units that
can be applied for in one application is five. The maximum number of
persons with disabilities that can be housed in an independent living
facility is 24.
3. Exceptions--Sponsors may request an exception to the above
project size limits by providing the information required in the
Application Package and as outlined in section III. B. 4.(e)(iii)(D)
above.
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 announces the availability of funds for supportive housing for
persons with disabilities.
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 for supportive housing for
persons with disabilities.
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 persons with disabilities. 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 report--both applicant disclosures and updates--will
be made available in accordance with the Freedom of
[[Page 35887]]
Information Act (5 U.S.C. 552) and HUD's implementing regulations at 24
CFR part 15. (See 24 CFR subpart C, and the notice published in the
Federal Register on January 16, 1992 (57 FR 1942), for further
information on these disclosure requirements.)
E. 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 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
are 14.181, Supportive Housing for Persons with Disabilities.
Authority: Section 811, National Affordable Housing Act, as
amended (42 U.S.C. 1803), 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, (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
[[Page 35888]]
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. 96-17260 Filed 7-5-96; 8:45 am]
BILLING CODE 4210-27-P
