[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Pages 46336-46337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-17605]
[[Page 46335]]
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Part V
Department of Housing and Urban Development
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Notice on Applying to HUD for Designation of State or Locally Developed
Housing in the State of New York as ``Covered Units'' Eligible for
Inclusion in the Federal Public Housing Program
Federal Register / Vol. 67, No. 134 / Friday, July 12, 2002 /
Notices
[[Page 46336]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4774-N-01]
Notice on Applying to HUD for Designation of State or Locally
Developed Housing in the State of New York as ``Covered Units''
Eligible for Inclusion in the Federal Public Housing Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice to public housing agencies on applying to HUD for
designation of certain New York state public housing units as Federally
covered units.
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SUMMARY: The purpose of this Notice is to: advise public housing
agencies (PHAs) in the State of New York on applying for designation of
public housing units developed and funded in accordance with New York
law as ``covered units,'' up to 7,000 of which will be eligible to
receive Federal public housing operating and capital funds allocated
according to statutory and regulatory formulas; obtain information
about all developments and units that could be ``covered units''; and
obtain PHAs' preferences as to which of their developments and units
they would want included in the Federal housing program.
DATES: PHAs must respond by: September 10, 2002.
ADDRESSES: Submit one original set of information requested in this
notice to HUD Headquarters at the following address: HUD Office of
Public and Indian Housing, Grants Management Center, 501 School St.
SW., 8th Floor, Washington, DC 20024.
Provide one copy of the information requested in this notice to the
local HUD Program Center or HUB.
FOR FURTHER INFORMATION CONTACT: Sherry Fobear-McCown, Program Analyst,
Office of Policy, Program and Legislative Initiatives, Office of Public
and Indian Housing, Department of Housing and Urban Development, 451
Seventh Street, SW, Room 4116, Washington, DC 20410; telephone: (202)
708-0713 (this is not a toll-free number). Persons with hearing or
speech impairments may access that number via TTY by calling the
Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Section 9(n) of the United States Housing Act of 1937 (1937 Act),
added by section 519 of the Quality Housing and Work Responsibility Act
of 1998 (Title V of Pub. L. 105-276), authorized the Secretary of HUD
to include State and locally developed public housing units developed
under New York law into the Federal public housing program for purposes
of receiving allocations of operating and capital funds pursuant to
statutory and regulatory formulas. This provision authorizes the
inclusion of not more than 7,000 units in New York in the federal
public housing program. However, a separate provision of the same law
(Sec. 226 of Pub. L. 105-276) prohibited the use of these Federal funds
to provide new assistance for State and locally developed public
housing units. These conflicting provisions gave rise to legal
questions concerning HUD's authority and responsibility to implement
section 9(n). Both the United States District Court for the Southern
District of New York and the United States Court of Appeals for the
Second Circuit have issued decisions this year, indicating that
implementation of section 9(n) should proceed retroactive to Fiscal
Year 2000.
II. Eligibility
A New York public housing agency that operates, owns, or manages
covered locally developed public housing units is eligible to seek
inclusion of those units in the Federal public housing program. The
term ``covered locally developed public housing units'' is defined by
section 9(n)(1)(b) of the 1937 Act as public housing units developed
pursuant to laws of the State of New York and that received debt
service and operating subsidies pursuant to such laws.
III. Funding
Funding for ``covered units'' will be provided from the public
housing Operating Fund and Capital Fund. Funding for ``covered units''
will cover Fiscal Year 2000 through 2003 and thereafter, and will
directly reduce the amount of Operating Fund and Capital Fund monies in
Fiscal Year 2003 and thereafter that would otherwise be distributed to
all public housing agencies.
IV. Response Due Date and Address for Submission
Information requested by this notice, and in the form and manner
described in this Notice, is due no later than September 10, 2002. No
exceptions to this deadline will be considered. Submit one original set
of documents to HUD Headquarters at the following address and one copy
to the local HUB or Program Center: HUD Office of Public and Indian
Housing, Grants Management Center, Michael E. Diggs, Director, 501
School St. SW., 8th Floor, Washington, DC 20024, Telephone: (202) 358-
0221 (this is not a toll-free number). Persons with hearing or speech
impairments may access that number via TTY by calling the Federal
Information Relay Service at (800) 877-8339.
V. Required Materials
PHAs interested in having units designated as ``covered units''
shall submit the following information for all units they administer
that were developed pursuant to the laws of the State of New York and
that received debt service and operating subsidies pursuant to such
laws. This information will be used to aid HUD in determining which
units shall receive the ``covered'' designation.
Provide the following in the order it is presented. Items 1-11
shall be submitted for each site:
(1) Name of development;
(2) Number of units;
(3) Location (census tract);
(4) Age and general condition;
(5) Composition of units by bedroom size, and family, elderly, or
disabled designation;
(6) Current vacancy rate and vacancy rate for past two years;
(7) If readily available, actual operating expenses for the last
two fiscal years; if such information is not readily available, list
any unusually large recent, current, or projected operating costs (e.g.
extraordinarily high utilities costs);
(8) Summary of large capital improvements made over preceding five-
year period;
(9) Projected capital needs for next five years;
(10) Debt service amounts (if any);
(11) Extraordinary liabilities the Federal government may need to
assume (e.g., litigation);
(12) Most recent Public Housing Assessment System (PHAS) rating and
designation for the PHA from HUD, or copy of any recent performance
assessment from applicable State or local government or other
independent entity; and
(13) Other information requested by HUD as necessary to complete
its review.
In addition, the PHA shall identify in its submission the
developments and total number of units it seeks to include in the
Federal public housing program and any other factors HUD should take
into account.
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Paperwork Reduction Act Statement
The information collection requirements contained in this notice
NOFA have been submitted to the Office of Management and Budget (OMB)
for emergency approval under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). Upon approved, the OMB Control Number will be
published in a separate notice. 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.
VI. Final Approval
Final approval and funding, for both fiscal years commencing with
Fiscal Year 2000 and future fiscal years, are subject to any further
relevant legislative action; acceptable submission and HUD approval of
all information required by this Notice; documentation of sufficient
managerial competence HUD may require if PHAS or other assessments of
competence are not applicable or sufficient; an independent physical
inspection satisfactory to HUD; and the execution of an Annual
Contributions Contract (ACC) or ACC amendment including the covered
units selected pursuant to this Notice.
Dated: June 27, 2002.
Michael Liu,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 02-17605 Filed 7-11-02; 8:45 am]
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