[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27600-27610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12715]
[[Page 27599]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Supportive Housing for Persons With Disabilities; Fund Availability;
Notice
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 /
Notices
[[Page 27600]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Housing--Federal Housing
Commissioner
[Docket No. N-95-3904; FR-3903-N-01]
Notice of Fund Availability (NOFA) for Supportive Housing for
Persons With Disabilities
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of fund availability for Fiscal Year (FY) 1995.
-----------------------------------------------------------------------
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; and from the appropriate HUD Office
identified in appendix A to this NOFA. The Application Package includes
a checklist of steps and exhibits involved in the application process.
DATES: The deadline for receipt of applications in response to this
NOFA is 4 p.m. local time on July 24, 1995. 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
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB Control Number 2502-0267.
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), 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 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 890. Capital advances may be used to finance the
construction, rehabilitation, or acquisition with or without
rehabilitation, including acquisition from the Resolution Trust
Corporation (RTC), 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. Acquisition without
rehabilitation is permitted only for group homes or properties acquired
from the RTC. 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.
For supportive housing for persons with disabilities, the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1995 (Pub. L. 103-327,
approved September 28, 1994) provides $387,000,000 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.
In accordance with an agreement between HUD and the Administration
for Rural Housing and Economic Development Services (ARHEDS) (formerly
the Farmers Home Administration (FmHA)), which facilitates the
coordination between the two agencies in administering their respective
rental assistance programs, HUD is required to notify ARHEDS of
applications for housing assistance it receives. This notification
gives ARHEDS 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 ARHEDS
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 sufficient for 20-year project rental assistance
contracts in support of the units selected for capital advances,
consistent with current operating cost standards.
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.
Due to the elimination of the 10 HUD Regional Offices, the Section
811 capital advance funds have been allocated, based on the formula
above, to 51 HUD Offices as shown on the following chart:
[[Page 27601]]
Fiscal Year 1995 Allocations for Supportive Housing for Persons With
Disabilities
[Fiscal Year 1995 Section 811 Allocations]
------------------------------------------------------------------------
Capital advance
Offices authority Units
------------------------------------------------------------------------
New England:
Massachusetts.......................... $4,053,040 52
Connecticut............................ 2,175,115 28
New Hampshire.......................... 1,202,081 20
Rhode Island........................... 1,157,571 15
Total................................ 8,587,807 115
----------------------------
New York/New Jersey:
New York............................... 12,284,104 158
Buffalo................................ 2,926,426 43
New Jersey............................. 5,985,522 77
----------------------------
Total................................ 21,196,052 278
Mid-Atlantic:
Maryland............................... 2,039,706 32
West Virginia.......................... 1,332,779 23
Pennsylvania........................... 5,926,132 86
Pittsburgh............................. 2,421,348 40
Virginia............................... 2,107,107 40
DC..................................... 2,160,322 33
----------------------------
Total................................ 15,987,394 254
Southeast/Caribbean:
Georgia................................ 3,452,517 68
Alabama................................ 2,683,292 51
Caribbean.............................. 2,695,997 41
South Carolina......................... 2,175,093 40
North Carolina......................... 4,583,069 70
Mississippi............................ 1,793,626 36
Jacksonville........................... 8,103,682 143
Kentucky............................... 2,353,307 42
Knoxville.............................. 1,222,748 24
Tennessee.............................. 1,507,819 30
----------------------------
Total................................ 30,571,150 545
Midwest:
Illinois............................... 7,742,486 107
Cincinnati............................. 1,389,418 24
Cleveland.............................. 3,445,072 54
Ohio................................... 1,363,677 24
Michigan............................... 4,268,202 67
Grand Rapids........................... 1,056,716 19
Indiana................................ 2,819,986 49
Wisconsin.............................. 2,222,256 35
Minnesota.............................. 1,886,433 28
----------------------------
Total................................ 26,194,246 407
Southwest:
Texas/New Mexico....................... 4,033,221 77
Houston................................ 2,361,150 44
Arkansas............................... 1,452,576 31
Louisiana.............................. 2,497,047 49
Oklahoma............................... 1,582,766 32
San Antonio............................ 2,057,581 41
----------------------------
Total................................ 13,984,341 274
Great Plains:
Iowa................................... 1,150,920 22
Kansas/Missouri........................ 2,012,074 37
Nebraska............................... 779,167 15
St. Louis.............................. 1,927,154 31
----------------------------
Total................................ 5,869,315 105
Rocky Mountains:
Colorado............................... 2,629,947 46
----------------------------
Total................................ 2,629,947 46
Pacific/Hawaii:
Hawaii (Guam).......................... 1,752,779 15
Los Angeles............................ 12,903,390 169
[[Page 27602]]
Arizona................................ 1,564,195 30
Sacramento............................. 1,537,871 21
California............................. 6,495,719 86
----------------------------
Total................................ 24,253,954 321
Northwest/Alaska:
Alaska................................. 1,752,779 15
Oregon................................. 1,759,232 29
Washington............................. 2,159,783 32
----------------------------
Total................................ 5,671,794 76
============================
National Total....................... 154,946,000 2,421
------------------------------------------------------------------------
C. Eligibility
Nonprofit organizations 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 the Invitation.
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 July
24, 1995 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,
informing Sponsors of any missing parts of the application. Sponsors
must correct such deficiencies within 14 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).
Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE
SERVICES CERTIFICATION AND THE CERTIFICATION OF CONSISTENCY WITH THE
CONSOLIDATED PLAN AFTER THE APPLICATION DEADLINE BUT NO LATER THAN
AUGUST 25, 1995. If these are the only deficiencies discovered
during initial screening, affected Sponsors will not receive a
deficiency letter.
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
14-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.
Examples of reasons for technical processing rejection include an
ineligible Sponsor, ineligible population to be served, lack of legal
capacity, or a Supportive Services Certification on which the
appropriate State or local agency indicated that the provision of
services is not well-designed to meet the needs of persons with
disabilities, or that the Sponsor did not demonstrate sufficiently that
supportive services will be provided on a consistent, long-term basis.
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 14 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 (24 CFR
890.265(b)(9)(i)). 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
[[Page 27603]] criteria in 24 CFR 890.300(d) (also below in section
I.D.3. of this NOFA). Applications that have a total score of 50 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 will no longer skip over any
applications in order to select one based on the funds remaining. Any
funds remaining after this process has been completed will be returned
to Headquarters for selecting applications based on a national rank
order.
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
(8 points);
(3) The scope, extent, and quality of the Sponsor's experience in
providing opportunities for minority- and women-owned business
enterprises participation (5 points);
(4) Applications submitted by Sponsors whose boards are comprised
of at least 51 percent persons with disabilities (5 bonus points);
(5) 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 enlist volunteers and raise local funds (15 points); and
(6) 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 development of
the project (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 (50 points maximum--40 base points plus 10 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 Sec. 890.265(b)(18), 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 ARHEDS) 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
ARHEDS, comments from ARHEDS 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
occupants; 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); and
(5) The extent to which the proposed design will meet any special
needs of persons with disabilities the housing is intended to serve and
will accommodate the provision of any necessary on-site supportive
services for the proposed residents (10 points).
(c) The project will be located within the boundaries of a
Federally-designated Empowerment Zone, Urban Supplemental Empowerment
Zone, Enterprise Community, or Urban Enhanced Enterprise Community (5
bonus points).
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 p.m. local time on July 24, 1995,
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 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, [[Page 27604]] 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. 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 PROVIDED
EACH SITE CONTAINS THE SAME FACILITY TYPE (E.G., GROUP HOME,
INDEPENDENT LIVING FACILITY, CONDOMINIUM UNIT). IF THE SPONSOR
PROPOSES A MIX OF FACILITY TYPES, IT MUST SUBMIT ONE APPLICATION PER
FACILITY TYPE.
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). Previously, nonprofit
organizations in Puerto Rico were exempt from this requirement provided
they were exempt from income taxation under Puerto Rico law, have never
been liable for payment of Federal income taxes, and do not pay
patronage dividends. HUD has learned, however, that nonprofit
organizations in Puerto Rico may apply and be granted IRS section
501(c)(3) tax exemption rulings. This requirement also applies to
nonprofit organizations in Guam. Therefore, to the extent permitted
within the application period for this NOFA, Sponsors should pursue a
tax exemption ruling under 501(c)(3). If a Sponsor is unable, after
using its best efforts, to secure such a ruling, it may use the
regulatory exemption described in this paragraph (c), above.
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 ending date of each person's term.
(e) The number of people on the Sponsor's board and the number of
those people who have a disability.
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
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
persons with disabilities and minorities.
(d) Description of Sponsor's experience in contracting with
minority- and women-owned businesses, including a summary of the total
amount awarded in each of the two 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) (see Sec. 890.250), 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
development of the project.
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. [[Page 27605]]
(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, the extent to which they are
necessary to accommodate any special needs of the proposed residents,
and the provision of any on-site supportive services also must be
included. If these community spaces, amenities, or features would not
comply with the design and cost standards of Sec. 890.220, 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.B.,
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 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.
(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 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.)
Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE
SERVICES CERTIFICATION AFTER THE APPLICATION DEADLINE DATE BUT NO
LATER THAN AUGUST 25, 1995.
(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 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). The option agreement period must extend through the end of
the current fiscal year and contain a renewal provision so that the
option can be renewed for at least an additional six months. 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. For properties to be acquired from the RTC, include a copy of
the RTC prepared Transaction Screen Checklist or Phase I Environmental
Site Assessment, and applicable [[Page 27606]] documentation, per the
RTC Environmental Guidelines.
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 the 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 recent requests for rezoning on land in
similar zoning classifications and the time required for such rezoning,
preliminary indications of 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) If acquisition, evidence that the structure has been
constructed or occupied for at least three years (other than RTC
properties);
(B) 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;
(C) A map showing the location of the site and the racial
composition of the neighborhood, with the area of racial concentration
delineated;
(D) 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. 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 1995 funding, this information would have to be submitted
to the local HUD Office no later than August 16, 1995.
(E) If an exception to the project size limits 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.
(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/time necessary for proper zoning;
(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 1994 and prior year projects to
which the Sponsor(s) is a party, identified by [[Page 27607]] 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 form is applicable.
11. 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 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 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 890.260(e).
(e) A certification by the Sponsor(s) that it will form an Owner
(as defined in 24 CFR 890.105) 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 under 24 CFR 890.300, 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 890.260(f)(2)).
(g) 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 (see NOTE below if the jurisdiction does
not have an approved Plan). 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, except as provided in the next paragraph. The Plan
regulations are published in 24 CFR part 91.
Notes: (1) IF THE JURISDICTION'S PLAN PROGRAM YEAR HAS NOT YET
STARTED, THE JURISDICTION MAY CERTIFY CONSISTENCY WITH THEIR FY 1994
CHAS IN LIEU OF THE PLAN. A NOTICE PUBLISHED IN THE FEBRUARY 6, 1995
FEDERAL REGISTER ESTABLISHED THAT A JURISDICTION'S PREVIOUSLY
APPROVED CHAS WILL REMAIN IN EFFECT UNTIL THE START DATE OF THE
JURISDICTION'S NEW CONSOLIDATED PROGRAM YEAR, AT WHICH POINT THE
JURISDICTION'S NEW PLAN WOULD TAKE EFFECT. THE NOTICE ALSO ALLOWS
JURISDICTIONS TO USE THEIR ANNUAL PLAN FOR FY 1994 AS EXTENDED BY
THE FEBRUARY 6, 1995 FEDERAL REGISTER NOTICE FOR THE PURPOSE OF
CERTIFICATIONS OF CONSISTENCY.
(2) SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE
CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN AFTER THE
APPLICATION DEADLINE BUT NO LATER THAN AUGUST 25, 1995.
IV. Additional Information
A. 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 24 CFR 890.265. If it does not have site control, it must
provide the information required in Sec. 890.265 as a reasonable
assurance that site control will be obtained within six months of fund
reservation notification. [[Page 27608]]
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 others. It would also not be eligible
for the 10 bonus points for site control.
B. 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 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.
Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE
SERVICES CERTIFICATION AFTER THE APPLICATION DEADLINE DATE BUT NO
LATER THAN AUGUST 25, 1995.
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 or that the Sponsor failed
to demonstrate that the 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.
C. Project Size Limits
The maximum number of persons with disabilities in an independent
living facility is 24 persons for all disability types.
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.
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). The 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
HUD will ensure 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 [[Page 27609]] 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 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. Documentation and Public Access Requirements: HUD Reform Act
HUD will ensure that documentation and other information regarding
each application submitted pursuant to this NOFA are sufficient to
indicate the basis upon which assistance was provided or denied. This
material, including any letters of support, will be made available for
public inspection for a five-year period beginning not less than 30
days after the award of the assistance. Material will be made available
in accordance with the Freedom of Information Act (5 U.S.C. 552) and
HUD's implementing regulations at 24 CFR part 15. In addition, HUD will
include the recipients of assistance pursuant to this NOFA in its
Federal Register notice of all recipients of HUD assistance awarded on
a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice
published in the Federal Register on January 16, 1992 (57 FR 1942), for
further information on these requirements.)
F. Section 103
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 was published May 13,
1991 (56 FR 22088) and became effective on June 12, 1991. That
regulation, 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 restrained by part 4 from providing
advance information to any person (other than an authorized employee of
HUD) concerning funding decisions, or from otherwise giving any
applicant an unfair competitive advantage. Persons who apply for
assistance in this competition should confine their inquiries to the
subject areas permitted under 24 CFR part 4.
Applicants who have questions should contact the HUD Office of
Ethics (202) 708-3815 (TDD/Voice). (This is not a toll-free number.)
The Office of Ethics can provide information of a general nature to HUD
employees, as well. However, a HUD employee who has specific program
questions, such as whether particular subject matter can be discussed
with persons outside HUD, should contact his or her HUD Office Counsel,
or Headquarters counsel for the program to which the question pertains.
G. Lobbying
Section 13 of the Department of Housing and Urban Development Act
(42 U.S.C. 3537b) contains two provisions dealing with efforts to
influence HUD's decisions with respect to financial assistance. The
first imposes disclosure requirements on those who are typically
involved in these efforts--those who pay others to influence the award
of assistance or the taking of a management action by HUD and those who
are paid to provide the influence. The second restricts the payment of
fees to those who are paid to influence the award of HUD assistance, if
the fees are tied to the number of housing units received or are based
on the amount of assistance received, or if they are contingent upon
the receipt of assistance.
Section 13 was implemented by final rule published in the Federal
Register on May 17, 1991 (56 FR 22912). If readers are involved in any
efforts to influence HUD in these ways, they are urged to read the
final rule, particularly the examples contained in Appendix A of the
rule.
Any questions regarding the rule should be directed to the
Director, Office of Ethics, Room 2158, Department of Housing and Urban
Development, 451 Seventh Street, SW, Washington, DC 20410. Telephone:
(202) 708-3815 TDD/Voice). (This is not a toll-free number.) Forms
necessary for compliance with the rule may be obtained from the local
HUD Office.
H. 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.
I. Catalog of Federal Domestic Assistance Program
The Catalog of Federal Domestic Assistance Program title and number
is 14.181, Supportive Housing for Persons with Disabilities.
Authority: Section 811, National Affordable Housing Act, as
amended (42 U.S.C. 8013), section 7(d), Department of Housing and
Urban Development Act (42 U.S.C. 3535(d)).
Dated: April 26, 1995.
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 02903-2808, (401)
528-5351 [[Page 27610]]
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) 846-5755
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, (401) 962-2520
PENNSYLVANIA STATE OFFICE
Liberty Square Building, 105 South 7th Street, Philadelphia, PA
19106-3392, (215) 597-2560
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
412 Old Post Office Courthouse, 7th Avenue and Grant Street,
Pittsburgh, PA 15219-1906, (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 39269-1016, (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 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
Room 9002 Federal Office Building, 550 Main Street, Cincinnati, OH
45202-3253, (513) 684-2884
CLEVELAND AREA OFFICE
Fifth Floor, Renaissance Building, 1350 Euclid Avenue, Cleveland, OH
44115-1815, (216) 522-4058
GRAND RAPIDS AREA OFFICE
2922 Fuller Avenue, NE., Grand Rapids, MI 49505-3499, (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
Suite 400, 500 West Main, Oklahoma City, OK 73102, (405) 231-4345
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) 834-3274
SAN ANTONIO AREA OFFICE
Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563,
(210) 229-6800
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) 556-4752
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 Avenue, Sacramento, CA 95814-1997, (916) 551-
1351
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
520 S.W. 6th Avenue, Portland, OR 97204-1596, (503) 326-2561
WASHINGTON STATE OFFICE
Suite 200, Seattle Federal Office Building, 909 First Avenue,
Seattle, WA 98104-1000, (206) 220-5101
[FR Doc. 95-12715 Filed 5-23-95; 8:45 am]
BILLING CODE 4210-27-P