[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2092]


[[Page Unknown]]

[Federal Register: February 1, 1994]


_______________________________________________________________________

Part II





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Public and Indian Housing



_______________________________________________________________________



Section 8 Rental Voucher Set-Aside for Homeless Persons With 
Disabilities, Funding Availability (NOFA) for FY 1994; Notice
=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-93-3679; FR-3329-N-01]

 

Funding Availability (NOFA) for FY 1994 Section 8 Rental Voucher 
Set-Aside for Homeless Persons With Disabilities

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of Funding Availability for Fiscal Year 1994.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of a set-aside of up to 
$147.7 million of budget authority for a competition at the HUD 
Regional Office level for Section 8 rental voucher funding for very 
low-income homeless persons with disabilities and their families. (See 
the definition of eligible persons in section I(D)(1) of this NOFA.) 
This set-aside of rental voucher funding is to provide rental 
assistance to the eligible homeless population as defined in this NOFA 
in a manner similar to the Department's Shelter Plus Care Program. This 
announcement invites interested public housing agencies and Indian 
housing authorities, hereafter collectively referred to as housing 
agencies (HAs), to submit applications for the FY 1994 rental voucher 
funding.
    The NOFA provides instructions to HAs governing the submission of 
applications, and describes procedures for rating, ranking, and 
approving applications. Each selected HA will be awarded funding of a 
special allocation of rental vouchers from the set-aside. The rental 
assistance budget authority funding awarded to the HAs under both the 
competitive and ``Comprehensive Homeless Initiative Cities'' components 
of this initiative must at least be matched on a one-for-one basis with 
supportive services resources from other Federal, State, local or 
private entities.
    Eligible persons selected to participate in this set-aside will 
qualify for a Federal Preference because they are homeless. The 
priorities for selection of very low-income persons to participate in 
this set-aside are as follows: (1) Homeless persons with disabilities 
and their families who reside in transitional housing facilities for 
homeless persons based on their position on the HA's waiting list, or 
their subsequent addition to the HA's waiting list, (2) other eligible 
persons who are residing on the street or in emergency shelters based 
on their position on the HA's waiting list, or their subsequent 
addition to the HA's waiting list. Outreach procedures should be used, 
as needed, to assist in identifying eligible persons who may qualify 
under these priorities, to help these families apply to the HA for 
assistance and to place the eligible applicants on the HA's waiting 
list.
    This initiative will add balance to current efforts that address 
homelessness by assisting communities in creating a local continuum of 
care. The rental assistance for permanent housing and supportive 
services provided through the use of these rental vouchers will be 
given on a priority basis to eligible persons residing in transitional 
housing facilities for homeless persons and who need rental assistance 
to move to permanent housing.

DATES: Applications from the HAs for competitive funding must be 
received by 3 p.m. local time in the Office of the Public Housing 
Division Director of the local HUD Field Office serving the area of the 
applicant on May 2, 1994. Applications from Indian housing authorities 
(IHAs) must be received by the same date and time in the Office of the 
Indian Programs Office Director serving the area of the applicant.
    The above-stated application deadline for submission of completed 
applications to HUD is firm as to date and hour.

FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations 
Branch, Rental Assistance Division, Office of Assisted Housing, room 
4220; telephone (202) 708-0477 or TDD (202) 708-4594; or Mark Johnston, 
Deputy Director, Office of Special Needs Assistance Programs; room 
7262; telephone (202) 708-4300 or TDD (202) 708-2565; Department of 
Housing and Urban Development, 451 Seventh Street SW., Washington, DC 
20410. (Telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
have been approved by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1980 and have been assigned OMB Control 
Number 2577-0169. OMB has approved the supportive services collection 
requirements under the assigned control number 2577-0118.

I. Purpose and Substantive Description

(A) Purpose

    The set-aside of rental vouchers for homeless persons with 
disabilities is a national initiative of the Department which will help 
communities establish a continuum of care for homeless persons. This 
initiative is designed to help persons with disabilities move from 
transitional housing facilities for homeless persons into permanent 
housing. Under this initiative, an on-going supportive services 
component must be available to participants for the same five years as 
the participants receive rental voucher program assistance. The range 
of supportive services, including outreach to identify eligible persons 
and assistance in locating and securing suitable housing, is to be 
funded from sources other than this program, including other Federal, 
State, local or private sources, and will respond to the needs of the 
homeless population. The initiative combines rental assistance with the 
supportive services appropriate to the needs of a homeless persons with 
disabilities to assist them to lead healthy, productive lives in the 
community.
    The initiative also seeks to expand more permanent housing options 
for these individuals by providing to them the freedom to choose their 
own housing.

(B) Allocation Amounts

(1) Budget Authority for Competitive Funding
    The Department will make available up to $132,892,960 of the budget 
authority approved in the VA, HUD-Independent Agencies Appropriations 
Act of 1992 (Pub. L. 102-139, approved October 28, 1991) (the Act) 
which will support an estimated 4,700 rental vouchers. The recent 
amendment of 791.403 of title 24 of the Code of Federal Regulations 
allows for a set-aside such as this initiative for homeless persons 
with disabilities. This interim rule further implements section 213 (d) 
of the Housing and Community Development Act of 1974, as most recently 
amended by the Department of Housing and Urban Development Reform Act 
of 1989, which was incorporated into 24 CFR part 791, subpart D, on 
March 7, 1991 (56 FR 9822). It enables the Department of Housing and 
Urban Development to allocate assistance which the Secretary determines 
is not feasible to allocate to field office allocation areas by formula 
and which is contained in an Operating Plan submitted to Congress. 
These funds are available for a HUD Regional Office competition based 
on the selection criteria in this NOFA.
    Listed below is a chart which shows the fair share allocation of 
funding by HUD Regional Office: 

------------------------------------------------------------------------
                                                                Units   
              Regional office                   Dollars      (estimated)
                                                                        
------------------------------------------------------------------------
Boston--I..................................      $9,538,365        287  
New York--II...............................      30,762,730        961  
Philadelphia--III..........................      12,165,235        434  
Atlanta--IV................................      13,491,760        587  
Chicago--V.................................      19,604,880        769  
Ft. Worth--VI..............................       8,518,360        383  
Kansas City--VII...........................       2,975,265        133  
Denver--VIII...............................        1,944,98        584  
San Francisco--IX..........................      30,040,040        830  
Seattle--X.................................       3,851,340       144   
                                            ----------------------------
    Totals.................................     132,892,960     4,612   
------------------------------------------------------------------------

    An annual contributions contract (ACC) for the Section 8 funds will 
be executed by the HA and HUD after HUD approval of the HA's Section 8 
application.
(2) Budget Authority for ``Comprehensive Homeless Initiative Cities''
    The Department will allocate $14.7 million of the funding from this 
set-aside for funding for HAs and non-profits in jurisdictions 
designated for funding under the Comprehensive Homeless Initiative 
component of the Innovative Homeless Initiatives Demonstration Program, 
as authorized by the HUD Demonstration Act of 1993 (Pub. L. 103-120, 
approved October 27, 1993). The assistance is targeted to homeless 
programs that will utilize a new system called a ``continuum of care'' 
and is designed around a basic three-step model of assessment, 
transitional housing, and rehabilitative services, and, if necessary, 
placement into permanent housing. The Department intends to publish a 
separate Notice for this funding.
(3) Family Self-Sufficiency (FSS) Program
    Section 23 of the U.S. Housing Act of 1937 was amended by section 
106 of the Housing and Community Development Act of 1992 and now 
requires that all PHAs receiving additional rental vouchers or 
certificates in FY 1993 and all future fiscal years must establish a 
family self-sufficiency (FSS) program. For IHAs, section 106(j) made 
participation in the FSS program optional for FY 1993 and all future 
fiscal years. The program guidelines for the FSS program were published 
in the Federal Register on September 30, 1991 (56 FR 49592). The 
regulations for the FSS program were published on May 27, 1993 (58 FR 
30858 and 58 FR 30906). Any rental voucher or certificate funding 
reserved in FY 93 and all future fiscal years will be used to establish 
the minimum size of a PHA's FSS program.
    If a PHA received an incentive award for the FSS program in 
response to the NOFA published in the Federal Register on September 30, 
1991 (56 FR 49612) and amended on January 3, 1992 (57 FR 312), the 
number of new units received in FY 93 and FY 94 will be added to the 
incentive awards received in FY 92 and this number will be the minimum 
size of the PHA's FSS program.

(C) HA Eligibility

    Eligible applicants for rental voucher program funding under this 
set-aside for homeless persons with disabilities are housing agencies. 
An HA is an entity defined under section 3(b)(6) of the U.S. Housing 
Act of 1937 (1937 Act), including Indian housing authorities as defined 
in section 3(b)(11) of the 1937 Act. Only HAs that are currently 
administering a Section 8 rental voucher, rental certificate or 
moderate rehabilitation program are eligible to apply for funding under 
this NOFA.

(D) Program Description

(1) Definitions
    The following definitions are supplemental to those found at 24 CFR 
parts 812, 882, and 887:
    Acquired immunodeficiency syndrome (AIDS) or related diseases is 
the disease of AIDS or any condition arising from the etiologic agent 
for AIDS.
    Applicant is a Public Housing Agency or Indian Housing Authority 
(HA).
    Eligible person is a very low-income homeless person with 
disabilities (including a person who is seriously mentally ill; has 
chronic problems with alcohol, drugs, or both; or has AIDS or related 
diseases) and the family of such a person. To be eligible for 
assistance, the family must be very low-income. The definition of a 
family for the Section 8 rental assistance programs is described at 24 
CFR part 812, and is applicable to this set-aside. The Department 
expects that most families who apply for this set-aside will be single 
persons. This NOFA uses the term ``person'' frequently although the 
eligible population for this set-aside, as with the regular rental 
assistance programs, includes the family of any person or persons 
selected to participate in the set-aside.
    Homeless person or homeless family includes any individual or 
family that:
    (a) Lacks a fixed, regular, and adequate nighttime residence; and
    (b) Has a primary nighttime residence that is:
    (i) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing for the mentally ill);
    (ii) An institution that provides a temporary residence for 
individuals intended to be institutionalized; or
    (iii) A public or private place not designed for, or ordinarily 
used as, a regular sleeping accommodation for human beings.
    The term ``homeless'' or ``homeless family'' does not include any 
individual imprisoned or otherwise detained pursuant to an Act of the 
Congress or a State law.
    Person with a disability is an adult individual or a household 
composed of one or more persons at least one of whom is an adult who 
has a disability. A person is considered to have a disability if such 
person has a physical, mental, or emotional impairment or has a chronic 
problem with alcohol, drugs, or both which (a) is expected to be of 
long-continued and indefinite duration;
    (b) substantially impedes the individual's ability to live 
independently; and
    (c) is of such a nature that such ability could be improved by more 
suitable housing conditions.
    A person will also be considered to have a disability if the 
individual has a developmental disability, which is a severe, chronic 
disability that (a) is attributable to a mental or physical impairment 
or combination of mental and physical impairments; (b) is manifested 
before the person attains age 22; (c) is likely to continue 
indefinitely; (d) results in substantial functional limitations in 
three or more of the following areas of major life activity: (i) Self-
care, (ii) receptive and expressive language, (iii) learning, (iv) 
mobility, (v) self-direction, (vi) capacity for independent living, and 
(vii) economic self-sufficiency; and (e) reflects the person's need for 
a combination and sequence of special, interdisciplinary, or generic 
care, treatment, or other services which are of lifelong or extended 
duration and are individually planned and coordinated.
    The term ``person with a disability'' is defined as a family under 
24 CFR part 812 and may include, for example: (a) Two or more persons 
with disabilities living together, and (b) one or more persons with 
disabilities living with another person who is determined to be 
important to their care or well-being.
    Seriously mentally ill is a person who has a severe and persistent 
mental or emotional impairment that seriously limits the person's 
ability to live independently.
    Supportive services is assistance that (a) addresses the special 
needs of eligible persons, including housing search assistance; and (b) 
provides appropriate services or assists such persons in obtaining 
appropriate services, including health care, mental health treatment, 
substance and alcohol abuse services, child care services, case 
management services, counseling, supervision, education, job training 
and placement, and other services essential for achieving and 
maintaining independent living. Inpatient acute hospital care does not 
qualify as a supportive service.
    Supportive service provider (or service provider) is a person or 
organization licensed or otherwise qualified to provide supportive 
services either for profit or not for profit.
    Transitional housing means housing that will facilitate the 
movement of homeless individuals and families to permanent housing 
generally within 24 months. This includes, but is not limited to, the 
Department of Housing and Urban Development's Supportive Housing 
Program (and the predecessor Supportive Housing Demonstration Program), 
the Department of Veterans Affairs' Domiciliary Care for Homeless 
Veterans program, the residential care component of the Homeless 
Chronically Mentally Ill program, and the Compensated Work Therapy/
Therapeutic Residence program for homeless veterans, and the Department 
of Health and Human Services' Transitional Living Program for Homeless 
Youth and Transitional Housing Demonstration Program.
(2) General
    The use of rental assistance under this set-aside is limited to 
homeless persons with disabilities as defined in this section of the 
NOFA. The rental voucher and rental certificate regulations are 
published at 24 CFR parts 887 and 882 (including the nondiscrimination 
and Equal Opportunity Requirements). Under the Section 8 program, the 
HA makes monthly housing assistance payments to an owner on behalf of 
an eligible family, including a single person family, participating in 
the program. The maximum housing assistance payment is the difference 
between the payment standard or gross rent for the appropriate size 
unit and 30 percent of the family's adjusted income. The HA may issue a 
rental certificate to a family selected to participate in this set-
aside if the family requests a rental certificate and the HA has one 
available. Each HA may select for participation only the number of 
persons it is able to assist under the HA's share of the $147.7 million 
set-aside regardless of whether the participant requests a rental 
certificate in lieu of a rental voucher.
    When rental assistance provided by HUD under this set-aside becomes 
available for reissue (i.e., the participant initially selected for the 
program drops out of the program or is unsuccessful in the search for a 
unit, or the participant is terminated from the program), the rental 
assistance may only be used for another eligible person or family for 
assistance under this set-aside until the Department releases the HA 
from that obligation or five years, whichever is earlier.
(3) HA Responsibilities
    The role of the HA in administering the rental voucher program is 
outlined in 24 CFR part 887 and includes providing rental vouchers, 
conducting initial and periodic Housing Quality Standards inspections, 
contracting with landlords, undertaking annual and intermediate tenant 
income verifications, and making housing assistance payments. If a 
rental voucher holder requests a rental certificate in lieu of a rental 
voucher and a rental certificate is available, the HA must issue a 
rental certificate and follow the rules of the rental certificate 
program as outlined at 24 CFR part 882. (See paragraph I(D)(2) of this 
NOFA for more information on the total number of families the HA is to 
assist under this set-aside.) The HA is also responsible for selecting 
eligible persons who are residing in transitional housing facilities 
and others from the HA's Section 8 waiting list, from those identified 
through outreach efforts who are residing on the street, or in 
emergency shelters. Additionally, HAs must amend their Equal 
Opportunity Housing Plans to reflect the affirmative outreach 
procedures for persons with disabilities who are least likely to apply 
for the program. Eligible persons will be issued rental assistance and 
assisted in locating suitable private market rental units that meet the 
requirements of the rental assistance programs. The HA will also be 
responsible for certifying that it will ensure the provision of 
supportive services, including funding the services itself if the 
planned resources do not become available for any reason. As an 
alternative to an HA certification, the HA may provide a certification 
from a State, local government, Indian Tribe, or private entity that 
ensures the provision of supportive services.
(4) Supportive Service Match
    Supportive services must be provided in an amount that at least 
matches the total amount of rental assistance budget authority 
requested from HUD. The appropriate level and type of supportive 
services must be provided to eligible persons over the five-year period 
of the rental voucher. It is essential that housing assistance and 
appropriate supportive services be provided in a coordinated manner to 
give participants the opportunity and support necessary for successful 
integration in local communities.
(5) Supportive Services
    (a) Search Assistance. The provision of supportive services must 
include housing search assistance to assist selected persons to locate 
and secure suitable housing. Housing search assistance should include 
assisting the person to find and lease a housing unit suitable to the 
person's needs and desires. The HA also may use a portion of its 
administrative fees to provide some assistance to a person in finding a 
unit where, because of race, age, handicap, large family size, or other 
reasons, the person is unable to locate an approvable unit. 
Additionally, the HA will (i) counsel an eligible person regarding the 
civil rights protections under the Fair Housing Act, Title VI of the 
Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 
1973; (ii) assist an eligible person in filing a housing discrimination 
complaint if the person alleges that illegal discrimination is 
preventing the family from leasing a unit; and (iii) inform an eligible 
person about its right to make possible modifications to leased 
premises at the person's expense.
    (b) Other services. It is also anticipated that the eligible 
persons who receive assistance under this set-aside will need other 
special supportive services to address their unique needs in 
maintaining permanent housing. These include: (1) Move-in assistance, 
such as security deposits and utility deposits (except as otherwise 
provided by a rental voucher or certificate), furnishings, moving 
expenses, and other assistance that will help establish a homeless 
person in permanent housing; (2) housing counseling in such areas as 
budgeting, housecleaning, minor maintenance and repairs, security 
practices, and tenants rights and responsibilities; and (3) supportive 
services related to the nature of the individual's disability, 
including, but not limited to, health care, mental health treatment, 
substance and alcohol abuse services, child care services, case 
management services, counseling, supervision, education, job training 
and placement, day care, nutritional services, intensive care when 
required, assistance in gaining access to local, State, and Federal 
government benefits, other case management services and other services 
essential for achieving and maintaining independent living.
    (c) Match Requirements. The application must provide a 
certification to ensure that supportive services will be provided and 
are at least equal in value to the amount of rental assistance budget 
authority to be provided by HUD over the five-year annual contributions 
contract (ACC) term. The supportive services may be newly created for 
this program or already in operation. The supportive services or 
funding for the services may be provided by other Federal, State, 
local, or private programs and must be documented in the manner 
provided by Attachment 7 of this NOFA.
    The supportive services must be available to participants who 
receive rental assistance for the entire term of the rental assistance. 
The value of supportive services provided to a participant does not 
have to equal the amount of rental assistance provided for that same 
participant. The funding for all supportive services does not have to 
match equally the total amount of rental assistance funding on a year-
to-year basis.
    In calculating the amount of the matching supportive services as 
documented in Attachment 7 of the application, the applicant may count:
    (i) The value of cash provided by the applicant or a third party, 
including States, local governments and Indian Tribes, or other persons 
or organizations to support program activities;
    (ii) The value of non-cash resources (including the salaries of 
supportive service providers) provided by the applicant or a third 
party, including States, local governments and Indian Tribes, or other 
persons or organizations;
    (iii) The value of time and services contributed by volunteers 
computed at the rate of $10.00 an hour, except for donated professional 
services which may be counted at the customary charge for the service 
provided (Professional services are services ordinarily performed by 
donors for payment, such as the services of health professionals 
equivalent to the services they provide in their occupations); and
    (iv) The value of a donated building or any lease on a building 
used for the provision of supportive services, provided the value 
included in the match is no more than the prorated share used for the 
program.

II. Application Process

(A) Application Submission and Processing

(1) Deadline
    Applications from HAs for the competitive funding under the Section 
8 rental voucher set-aside for homeless persons with disabilities must 
be received in the Office of the Public Housing Division Director or 
the Director of the Office of Indian Programs Office, of the local HUD 
Field Office serving the area of the applicant on the due date by 3 
p.m. local time on May 2, 1994.
    HUD Field Office/Indian Programs Office is the official place of 
receipt for all applications. Application forms (HUD-52515) may be 
obtained from the appropriate HUD Field Office/Indian Programs Office. 
The above-stated application deadline is firm as to date and hour.
    In the interest of fairness to all competing applicants, the 
Department will treat as ineligible for consideration any application 
that is not received on or before the application deadline. Applicants 
should take this policy into account and make early submission of their 
materials to avoid any risk of loss of eligibility brought about by 
unanticipated delays or other delivery-related problems. Field Offices 
will not accept applications, or any part of applications, sent via 
facsimile (FAX) transmission.
(2) Application Processing
    The Field Office/Indian Programs Office will initially screen all 
applications, using the ``Checklist for Technical Requirements'', 
Attachment 1 of this NOFA, as a guide to determine if an application is 
complete. The HUD Field Office/Indian Programs Office will rate the 
applications (except for Selection Criterion #2) and send the 
applications and rating sheets for all approvable applications to the 
Regional Office. The Regional Office must rate all applications for 
Selection Criterion #2 and review the ratings of all applications for 
all other selection criteria and is responsible for the consistency of 
the ratings among the Field Offices/Indian Program Offices within the 
region. The Regional Office will re-rate any or all the selection 
criteria for applications for which a Field Office/Indian Programs 
Office may have scored incorrectly based on information available to 
the Regional Office in the applications. The Regional Office must 
document the reasons for a change in a score for each selection 
criterion. The highest scoring HAs will receive funding for rental 
vouchers from the set-aside for the homeless persons with disabilities 
program.

(B) Unacceptable Applications

    Applications that fall into any of the following categories will 
not be processed:
    (1) The Department of Justice has brought a civil rights suit 
against the applicant HA, and the suit is pending.
    (2) There has been an adjudication of a civil rights violation in a 
civil action brought against the HA by a private individual, unless the 
HA is operating in compliance with court order, or implementing a HUD 
approved resident selection and assignment plan or compliance agreement 
designed to correct the areas of noncompliance.
    (3) There are outstanding findings of noncompliance with civil 
rights statutes, Executive Orders, or regulations, as a result of 
formal administrative proceedings, or the Secretary has issued a charge 
against the applicant under the Fair Housing Act, unless the applicant 
is operating under a conciliation or compliance agreement designed to 
correct the areas of non- compliance.
    (4) HUD has deferred application processing under Title VI of the 
Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR 
50.3), and the HUD Title VI regulations (24 CFR 1.8) and procedures 
(HUD Handbook 8040.1), or under section 504 of the Rehabilitation Act 
of 1973 and HUD regulations (24 CFR 8.57).
    (5) The HA has serious unaddressed, outstanding Inspector General 
audit findings, fair housing and equal opportunity monitoring review 
findings, or Field Office/Indian Programs Office management review 
findings for one or more of its rental voucher, rental certificate, or 
moderate rehabilitation programs.
    (6) The leasing rate for rental certificates and rental vouchers 
under ACC for at least one year is less than 75 percent.
    (7) The HA is involved in litigation and HUD determines that the 
litigation may seriously impede the ability of the HA to administer an 
additional increment of rental vouchers or rental certificates.
    (8) The HA does not administer a rental voucher, certificate, or 
moderate rehabilitation program.
    (9) The HA is not in compliance with the Single Audit Act, OMB 
Circular No. A-128 and HUD's regulations at 24 CFR part 44; or OMB 
Circular No. A-133, as applicable.
    (10) The HA has not documented that it will provide funds for 
supportive services, i.e., letters of intent to provide commitments, or 
firm commitments, dependent upon available resources from other 
agencies or from non-profits, that at least match the total amount of 
rental assistance budget authority requested from HUD.

(C) Application Selection Criteria and Ranking Factors

    Applications will be rated based on the criteria listed below. 
Applicants must receive points under each of the five criteria to be 
eligible for an award.
(1) Selection Criterion 1: HA Administrative Capability (25 points)
    (a) Description. Overall HA administrative ability in the Rental 
Voucher, Rental Certificate, and Moderate Rehabilitation Programs, as 
evidenced by factors such as leasing rates and correct administration 
of housing quality standards (HQS), portability of rental vouchers and 
certificates, compliance with Fair Housing and Equal Opportunity 
program requirements, assistance payment computation, and rent 
reasonableness requirements is either excellent or good.
    (b) Rating. 16-25 points. Field Office rates overall HA 
administration of the Rental Voucher, Rental Certificate, and Moderate 
Rehabilitation Programs as excellent; there are no serious outstanding 
management review, fair housing and equal opportunity monitoring 
review, or Inspector General audit findings (unless the Field Office/
Office of Indian Programs or the Regional Office has appealed the 
Office of Inspector General recommendation); the HA is complying with 
the portability requirements under the rental voucher and certificate 
programs; not more than 15 percent of the units inspected by the Field 
Office during the last management review failed to meet housing quality 
standards (HQS) or the field office is aware of actions taken by the HA 
to improve its inspection procedures; and the leasing rate for rental 
vouchers and rental certificates under Annual Contributions Contract 
(ACC) for one year or more was at least 95 percent as of September 30, 
1992, unless the Field Office/Office of Indian Programs documents that 
the report was reflective of HA performance;
    1-15 points. Field Office rates overall HA administration of the 
Rental Voucher, Rental Certificate, and Moderate Rehabilitation 
Programs as good and any management review, fair housing and equal 
opportunity monitoring review, or Inspector General audit findings are 
being satisfactorily addressed (or the Field Office/Office of Indian 
Programs or Regional Office has appealed the Office of Inspector 
General recommendation); the HA is complying with the portability 
requirements under the rental voucher and certificate programs; not 
more than 25 percent of the units inspected by the Field Office during 
the last management review failed to meet HQS or the field office is 
aware of actions taken by the HA to improve its inspection procedures; 
and the leasing rate for rental vouchers and rental certificates under 
ACC for one year or more was at least 85 percent as of September 30, 
1992, unless the Field Office/Office of Indian Programs documents that 
the report is not reflective of HA performance;
    0 points. If neither of the above statements apply, assign 0 
points.
(2) Selection Criterion 2: Need (25 points)
    (a) Description. The need for a rental assistance program targeted 
to homeless persons with disabilities as evidenced by data which show 
the unmet need and the application demonstrates an understanding of the 
specific homeless population(s) to be served. Information from the 
Street component of the 1990 U.S. Census may not be used to document 
the need for this set-aside within the HA's jurisdiction.
    (b) Rating. 16-25 points. The application includes an estimate of 
the size of the homeless population within the HA's jurisdiction based 
on credible surveys, reports or other data-gathering mechanisms on 
homeless populations or the applicable Comprehensive Housing 
Affordability Strategy (CHAS) and the size is large relative to that 
presented by other applications within the applicant's HUD region. The 
application also reveals an indepth understanding of the homeless 
population proposed to be served.
    1-15 points. The application includes an estimate of the size of 
the homeless population within the HA's jurisdiction based on credible 
surveys or reports on homeless populations or the applicable CHAS and 
the size is of average to less than average size relative to that 
presented by other applications within the applicant's HUD region or 
the estimates are based on less credible surveys, reports or other 
data-gathering mechanisms on homeless populations. The application also 
reveals a general but less than in-depth understanding of the homeless 
population proposed to be served.
    0 points. If neither of the above statements apply, assign 0 
points.
(3) Selection Criterion 3: Program Implementation (25 Points)
    (a) Description. The application describes the proposed method to 
use the rental vouchers to help house the eligible population and 
provide services.
    (b) Rating. 16-25 points. The application describes the timely 
implementation of a plan that will result in eligible participants 
finding permanent housing and maintaining residential stability. The 
plan has all of the following elements and links all the elements in a 
consistent framework: (a) The proposed outreach and selection efforts 
ensure that the targeted population is served; (b) The plan provides 
housing search assistance that will ensure that eligible persons obtain 
appropriate housing; (c) The plan describes a program that will link 
participants to appropriate supportive services; (d) The plan describes 
an evaluation component that will result in an evaluation of program 
effectiveness by the HA, and by the entities that certify to provide 
supportive services, and the applicant's making appropriate 
improvements to the program.
    1-15 points. The application provides for the timely implementation 
of a consistent plan that generally covers the following elements for 
the use of rental vouchers by the HA: (a) The plan describes minimal 
outreach and selection efforts for the targeted population of eligible 
persons that will be served; (b) The plan provides housing search 
assistance only to a portion of the eligible persons; (c) The plan 
describes a program with a minimal link of participants to appropriate 
supportive services on a consistent basis; and (d) The plan describes 
that a limited overall program evaluation will be conducted by the HA, 
and the entities that certify to provide the supportive services, for 
effectiveness and appropriate improvements.
    0 points. If none of the above statements apply, assign 0 points.
(4) Selection Criterion 4: Quality of the Proposed Supportive Services. 
(25 points)
    (a) Description: The application provides a description of the 
proposed supportive services over the period of the rental assistance.
    (b) Rating. 16-25 points. The application describes available 
supportive services that will meet almost all of the needs of the 
targeted population. This is evidenced by: (a) The identification of 
supportive services appropriate to the needs of the population proposed 
to be served; (b) A description of the directly-related qualifications 
or experience of the supportive services staff; and (c) A plan for 
monitoring and evaluating the supportive services provided to eligible 
persons to ensure that services are appropriate to their changing needs 
on an individual basis.
    1-15 points. The application describes the proposed supportive 
services that will meet some but not most of the needs of the eligible 
population. This is shown by: (a) The identification of supportive 
services appropriate to some of the needs of the population proposed to 
be served; (b) A description of indirectly-related qualifications or 
experience of the supportive services staff; and (c) A plan for 
monitoring and evaluating the supportive services provided to eligible 
persons that is somewhat likely to ensure services appropriate to their 
changing needs.
    0 points. If neither of the above statements apply, assign 0 
points.
(5) Selection Criterion 5: Documentation of First Year Supportive 
Service Funding. (20 points)
    (a) Description: The application provides copies of firm financial 
commitments to fund the first year of the proposed supportive services. 
The first year of supportive services funding is expected to exceed 16% 
of the total amount of rental assistance funding requested from HUD.
    (b) Rating. 0-20 points. Points will be awarded based on the extent 
to which the firm commitments are available at the time of application. 
Points will be given by dividing the value of the documented firm 
commitments for first year funding for supportive services into the 
value of the requested rental assistance as shown in the following 
table: 

Percent..........................      0    1-5     6-10    11-15    16+
Points...........................      0      5       10       15    20 
                                                                        

(D) Local Government Comments

    Section 213 of the Housing and Community Development Act of 1974 
requires that HUD independently determine that there is a need for the 
housing assistance requested in applications, and solicit and consider 
comments relevant to this determination from the chief executive 
officer of the unit of local government. The Field Office/Indian 
Programs Office will obtain Section 213 comments from the unit of 
general local government in accordance with 24 CFR part 791, subpart C, 
Applications for Housing Assistance in Areas Without Housing Assistance 
Plans. Comments submitted by the unit of general local government must 
be considered before an application can be approved.
    For purposes of expediting the application process, the HA should 
encourage the chief executive officer of the unit of general local 
government to submit a letter with the HA application commenting on the 
HA application in accordance with Section 213. Since HUD cannot approve 
an application until the 30-day comment period is closed, the Section 
213 letter should not only comment on the application, but also state 
that HUD may consider the letter to be the final comments and that no 
additional comments will be forthcoming from the local unit of 
government.

(E) Funding Applications for Regional Office Competition

(1) General
    The set-aside of funding for very low-income homeless persons with 
disabilities is for a competition among eligible HAs within each HUD 
Region. The HUD Field Office/Indian Programs Office will review and 
rate the HA applications on the basis of the selection criteria and 
then forward the HA applications on the basis of the selection criteria 
and then forward the applications and the rating sheets to the 
appropriate Regional Office for review, re-rating of the criteria (if 
necessary to ensure consistency in the rating of applications in that 
region), and selection of the highest-rated approved applications.
(2) Maximum Funding Allowed
    The Regional Offices may not approve funding for an HA under this 
NOFA for more than 200 units.
(3) Minimum Funding Allowed
    The Regional Offices may not approve funding for an HA under this 
NOFA for less than 25 units, unless:
    (i) The HA requests fewer than 25 units; or,
    (ii) The residual budget authority after funding higher ranking 
applications is insufficient to fund at least 25 units.
(4) Funding Procedure
    The Field Office/Indian Programs Office will forward all approvable 
applications along with the rating sheets to the Regional Office. The 
Regional Office will, after its review and re-rating, rank within that 
region all approvable applications. The Regional Office must select for 
funding applications in rank order until all the housing assistance 
budget authority is selected for use.
    Where a Regional Office selects for funding applications according 
to rank order, only to find it has some number of units left, but not 
enough to fund the next fundable application in its entirety or for the 
minimum of 25 units, that application can be selected for funding to 
the extent of the number of units available.
    The Regional Office must promptly notify the applicable Field 
Office or Indian Programs Office as to the status of any applications 
from HAs and, if applicable, the amount of budget authority to be made 
available for HA applications that were selected for funding by the 
Regional Office.

(F) Reallocation of Funds Between Metropolitan and Nonmetropolitan 
Areas

    The funding for this set-aside is not subject to the split between 
metropolitan and nonmetropolitan areas as usually required by 24 CFR 
791.403 (a). An HA may apply for funding in its jurisdiction and the 
Regional Office will select for funding applications without regard to 
the metropolitan or nonmetropolitan designation of the county or 
counties.

III. Checklist for Application Submission Requirements

(A) General

    The application from the HA shall include the information requested 
in this section and Attachment 1 of this NOFA as well as any other data 
which the applicant wishes to submit.

(B) Required Application Contents

(1) HA Application Forms
    Each HA must submit Form HUD-52515, Application for Existing 
Housing (Attachment 2), in accordance with the applicable program 
regulations, and a cover letter stating the total number of rental 
vouchers requested and the minimum number acceptable (See Item 1 of 
Attachment 1).
(2) Description of Homeless Population
    The application must describe on not more than 4 pages the number 
and characteristics of the very low-income homeless persons with 
disabilities to be served and the living situations that qualify them 
as homeless. The basis, or source, used for making these estimates and 
estimates of the homeless population in the HA's jurisdiction should be 
identified and may include local surveys or reports, including the 
applicable CHAS.
(3) Narrative on Program Implementation
    The application must describe on not more than 10 pages:
    (a) An explanation of how the proposal will serve persons who are 
disabled, including any specially designed program components that 
serve any targeted homeless population, including persons who are 
seriously mentally ill; have chronic problems with alcohol, drugs, or 
both; or have acquired immunodeficiency syndrome (AIDS or related 
diseases) and their families;
    (b) The proposed plan for the use of the rental assistance, and the 
proposed outreach efforts used to obtain participation of the targeted 
population of eligible persons;
    (c) The method that the HA will use to select eligible persons and 
may describe any written agreements with transitional housing 
facilities, homeless shelters, local government agencies and/or service 
providers to assist in the identification of eligible persons;
    (d) The plan for housing search assistance and how participants 
will be linked to appropriate supportive services;
    (e) The plan for evaluating the effectiveness of the overall 
program by the HA, and the entities that certify to provide supportive 
services, and how improvements will be made, if needed; and
    (f) How the program will be carried out in a timely manner.
(4) Description of Supportive Services
    The application must include the following information on the 
proposed supportive services, on not more than 8 pages for items (a) to 
(d) and on additional pages for items (e) and (f):
    (a) A description of the range of supportive services that are 
appropriate to the target population being served, and the planned 
method for delivery at scattered sites;
    (b) Identification of the proposed service provider(s) and a 
statement of the qualifications and experience of the provider(s) in 
managing the service that will be provided;
    (c) The management and staffing plans of the service provider(s), 
including the number and qualifications of professionals and 
volunteers, with respect to the service to be provided;
    (d) A description of how the service will be monitored, evaluated 
and, if necessary, adapted to meet the changing needs of the population 
to be served and how the services assist participants in assimilating 
into the community;
    (e) A certification ensuring the provision of supportive services 
over the term of the rental assistance; and
    (f) Firm financial commitments from supportive service providers 
for the first year of funding. Financial commitments for funding of 
supportive services for the second through the fifth year of the 
demonstration program. The total financial commitments must match on a 
one-for-one basis the amount of funding provided for rental assistance. 
Any documentation from States, units of general local government, 
Indian Tribes, HAs, service providers and other third parties for 
supportive services commitments made to the program must follow the 
required format in Attachment 7 of this NOFA.
(5) Drug-Free Workplace Certification
    The Drug-Free Workplace Act of 1988 requires grantees of Federal 
agencies to certify that they will provide a drug-free workplace. Thus, 
each HA must certify (even though it has done so previously) that it 
will comply with the drug-free workplace requirements in accordance 
with 24 CFR part 24, subpart F. (See attached Certification for Drug-
Free Workplace, Attachment 3.)
(6) Certification Regarding Lobbying
    Section 319 of the Department of the Interior Appropriations Act, 
Public Law 101-121, approved October 23, 1989, (31 U.S.C. 1352) 
generally prohibits recipients of Federal contracts, grants, and loans 
from the use of appropriated funds for lobbying the Executive or 
Legislative Branches of the Federal Government in connection with the 
specific contract, grant, or loan. The Department's regulations on 
these restrictions on lobbying are codified at 24 CFR part 87. To 
comply with 24 CFR 87.110, any HA submitting an application under this 
NOFA for more than $100,000 of budget authority assistance must submit 
a certification and, if warranted, a Disclosure of Lobbying Activities. 
To assist HAs, the text for the certification regarding lobbying 
(Attachment 4 and Standard Form LLL, ``Disclosure Form to Report 
Lobbying'', Attachment 5) are attached.
(7) Certification Regarding Compliance With Single Audit Act
    The HA must be in compliance with the Single Audit Act, OMB 
Circular No. A-128 and HUD's implementing regulations at 24 CFR part 
44; or OMB Circular No. A-133, in order to be eligible for funding. The 
certification must include the period covered by the last audit 
conducted and submitted to HUD in accordance with these requirements, 
or the period covered by the audit currently under contract. Applicants 
who are not currently in compliance with the audit requirements are not 
eligible for funding. To complete the application, an HA must submit a 
certification of its compliance with the Single Audit Act (see 
Attachment 6).

IV. Corrections to Deficient Applications

    To be eligible for processing, an application must be received by 
the appropriate Field Office/Indian Programs Office no later than the 
date and time specified in Section II of this NOFA. The Field Office/
Indian Programs Office will initially screen all applications and 
notify HAs of technical deficiencies by letter.
    If an application has technical deficiencies, the HA will have 14 
calendar days from the date of the issuance of written notification to 
submit the missing or corrected information to the Field Office and/or 
Indian Programs Office. Curable technical deficiencies relate only to 
items that do not improve the substantive quality of the application 
relative to the rating factors.
    All HAs must submit corrections within 14 calendar days from the 
date of HUD's letter notifying the applicant of any such deficiency. 
Information received after 3 p.m. local time (i.e., the time in the 
appropriate Field Office/Indian Program Office), of the fourteenth 
calendar day of the correction period will not be accepted and the 
application will be rejected as incomplete. All HAs are encouraged to 
review the initial screening checklist provided in Attachment 1 of this 
notice. The checklist identifies all technical requirements needed for 
application processing. An HA application that does not comply with the 
requirements of 24 CFR 887.55(b) and this notice, including the drug-
free workplace certification and the anti-lobbying certification/
disclosure requirements, Single Audit Act certification, after the 
expiration of the 14-day cure period will be rejected from processing.

V. Other Matters

(A) Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with the Department's regulations at 24 CFR 
Part 50, which implement section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding is 
available for public inspection between 7:30 a.m. and 5:30 p.m. 
weekdays in the Office of the Rules Docket Clerk, Office of General 
Counsel, Department of Housing and Urban Development, room 10276, 451 
Seventh Street, SW., Washington, DC 20410.

(B) Federalism Impact

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this NOFA 
does not have substantial, direct effects on the States, on their 
political subdivisions, or on the relationship between the Federal 
government and the States, or on the distribution of power or 
responsibilities among the various levels of government, because this 
NOFA would not substantially alter the established roles of HUD, the 
States and local governments, including HAs.

(C) Impact on the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this notice does not have 
potential for significant impact on family formation, maintenance, and 
general well-being within the meaning of the Executive Order and, thus, 
is not subject to review under the Order. This is a funding notice and 
does not alter program requirements concerning family eligibility.

(D) Accountability in the Provision of HUD Assistance

    On March 14, 1991 (56 FR 11032), HUD published 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 16, 1992, HUD published, at 57 FR 1942, additional information 
that gave the public (including applicants for, and recipients of, HUD 
assistance) further information on the implementation 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 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 
quarterly 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) 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. IHAs 
established by an Indian tribe as a result of the exercise of the 
tribe's sovereign power are excluded from coverage of the Byrd 
Amendment, but IHAs established under State law are not excluded from 
the statute's coverage.

(F) Prohibition Against Lobbying of HUD Personnel

    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 the Department 
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 29912), and is codified at 24 CFR part 86. If readers are 
involved in any efforts to influence the Department in these ways, they 
are urged to read the final rule, particularly the examples contained 
in Appendix A of the rule.

(G) Prohibition Against Advance Information on Funding Decisions

    Section 103 of the HUD Reform Act proscribes the communication of 
certain information by HUD employees to persons not authorized to 
receive that information during the selection process for the award of 
assistance that entails a competition for its distribution. HUD's 
regulations implementing section 103 are codified at 24 CFR part 4 (see 
56 FR 22088, May 13, 1991). In accordance with the requirements of 
section 103, HUD employees involved in the review of applications and 
in the making of funding decisions under a competitive funding process 
are restrained by 24 CFR 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 by 24 CFR part 4. Applicants who have questions should 
contact the HUD Office of Ethics (202) 708-3815 (voice/TDD). (This is 
not a toll-free number.)
    Any questions concerning the Reform Act rule should be directed to 
the Office of Ethics, Room 2158, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-3000. 
Telephone: (202) 708-3815 (voice/TDD). (This is not a toll-free 
number.) Forms necessary for compliance with the rule may be obtained 
from the local HUD office.

    Authority: Secs. 3, 5, 8, United States Housing Act of 1937 (42 
U.S.C. 1437a, 1437c, 1437f).

    Dated: January 25, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.

Attachment 1--Checklist for Technical Requirements

    The following checklist specifies the required information which 
must be submitted in the application. 

                      Initial Screening Checklist                       
------------------------------------------------------------------------
  HA      Field                                                         
-------- Office                                                         
        ---------                                                       
Yes  No  Yes  No                                                        
                                                                        
------------------------------------------------------------------------
                  1. The application contains a cover letter stating the
                   total number of rental vouchers requested in the     
                   application and indicates whether the applicant is   
                   willing to accept a reduced number and the minimum   
                   number the applicant is willing to accept.           
                  2. The application includes Form HUD 52515,           
                   application for Section 8 rental voucher funding.    
                  3. The application demonstrates that the applicant    
                   qualifies as a public housing agency and is legally  
                   qualified and authorized to participate in the rental
                   assistance programs for the area in which the        
                   programs are to be carried out. Such demonstration   
                   includes: (1) the relevant enabling legislation, (ii)
                   any rules and regulations adopted or to be adopted by
                   the agency to govern its operations, and (iii) a     
                   supporting opinion from the agency counsel. If such  
                   documents are currently on file in the Field Office/ 
                   Indian Programs Office they do not have to be        
                   resubmitted.                                         
                  4. The application includes a statement that the      
                   housing quality standards to be used in the operation
                   of the program will be as set forth in 24 CFR 887.251
                   or that variations in the Acceptability Criteria are 
                   proposed or have been approved by the Field Office/  
                   Indian Programs Office. In the latter case, each     
                   proposed variation shall be specified and justified. 
                  5. The application contains a written narrative       
                   explanation of the proposed implementation of the set-
                   aside of rental voucher funding for homeless persons 
                   with disabilities as required by Section III(B)(3) of
                   this NOFA. The narrative must show a schedule for the
                   lease-up of 100% of the units within 12 months of    
                   application approval.                                
                  6. The application contains a description of the data 
                   which shows the extent of homelessness within the    
                   HA's jurisdiction as required by Section III(B)(2) of
                   this NOFA.                                           
                  7. The application includes a certification from the  
                   HA or a State, local government, Indian Tribe or     
                   private entity (See Attachment 7) that ensures the   
                   provision of supportive services, including funding  
                   the services itself if the planned resources do not  
                   become available for any reason.                     
                  8. The application contains a description of          
                   supportive services proposed to be provided over the 
                   five year term of the ACC as required by Section     
                   III(B)(4) of this NOFA.                              
                  9. The application also contains documentation for the
                   proposed supportive services program as required by  
                   Section III(B)(4) of this NOFA.                      
                                                                        
------------------------------------------------------------------------
    Requirement for Drug-Free Workplace Certification, Anti-Lobbying    
      Certification and Disclosure Statement and Single Audit Act       
                                                                        
------------------------------------------------------------------------
                  The application meets HUD's drug-free workplace       
                   requirement set out at 24 CFR part 24, subpart F.    
                   (The application contains an executed Certification  
                   for a Drug-Free Workplace (Attachment 3).)           
                  The application meets HUD's regulations regarding anti-
                   lobbying set out at 24 CFR part 87. The anti-lobbying
                   requirements apply to applications that, if approved,
                   would result in the HA obtaining more than $100,000  
                   in budget authority. To comply, HAs must submit an   
                   Anti- Lobbying Certification (Attachment 4) and if   
                   warranted, a Disclosure of Lobbying Activities       
                   (Attachment 5).                                      
                  The application meets the requirement that the        
                   applicant is in compliance with the Single Audit Act,
                   OMB Circular No. A-128 and HUD's regulations at 24   
                   CFR Part 44; or OMB Circular No. A-133. The HA must  
                   submit a Single Audit Act Certification (Attachment  
                   6). HAs who are not currently in compliance with the 
                   audit requirements will not be eligible for funding. 
------------------------------------------------------------------------


BILLING CODE 4210-33-P

TN01FE94.018


TN01FE94.019


BILLING CODE 4210-33-C

Attachment 3--Certification Regarding Drug-Free Workplace Requirements 
(From 24 CFR 24, Appendix C) Instructions for Certification

    1. By signing and/or submitting this application or grant 
agreement, the grantee is providing the certification set out below.
    2. The certification set out below is a material representation of 
fact upon which reliance was placed when the agency determined to award 
the grant. If it is later determined that the grantee knowingly 
rendered a false certification, or otherwise violates the requirements 
of the Drug-Free Workplace Act, the agency, in addition to any other 
remedies available to the Federal Government, may take action 
authorized under the Drug-Free Workplace Act.
    3. For grantees other than individuals, Alternate I applies.
    4. For grantees who are individuals, Alternate II applies.
Certification Regarding Drug-Free Workplace Requirements--Alternate I
    A. The grantee certifies that it will provide a drug-free workplace 
by:
    (a) Publishing a statement notifying employees that the unlawful 
manufacture, distribution, dispensing, possession or use of a 
controlled substance is prohibited in the grantee's workplace and 
specifying the actions that will be taken against employees for 
violation of such prohibition;
    (b) Establishing a drug-free awareness program to inform employees 
about--
    (1) The dangers of drug abuse in the workplace;
    (2) The grantee's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, and employee 
assistance programs; and
    (4) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    (c) Making it a requirement that each employee to be engaged in the 
performance of the grant be given a copy of the statement required by 
paragraph (a);
    (d) Notifying the employee in the statement required by paragraph 
(a) that, as a condition of employment under the grant, the employee 
will--
    (1) Abide by the terms of the statement; and
    (2) Notify the employer of any criminal drug statute conviction for 
a violation occurring in the workplace no later than five days after 
such conviction;
    (e) Notifying the agency within ten days after receiving notice 
under subparagraph (d)(2) from an employee or otherwise receiving 
actual notice of such conviction;
    (f) Taking one of the following actions, within 30 days of 
receiving notice under subparagraph (d)(2), with respect to any 
employee who is so convicted--
    (1) Taking appropriate personnel action against such an employee, 
up to and including termination; or
    (2) Requiring such employee to participate satisfactorily in a drug 
abuse assistance or rehabilitation program approved for such purposes 
by a Federal, State, or local health, law enforcement, or other 
appropriate agency;
    (g) Making a good faith effort to continue to maintain a drug-free 
workplace through implementation of paragraphs (a), (b), (c), (d), (e) 
and (f).
    B. The grantee shall insert in the space provided below the site(s) 
for the performance of work done in connection with the specific grant:
    Place of Performance (Street address, city, county, state, zip 
code)

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------
(Name & Title)

----------------------------------------------------------------------
(Signature & Date)
Alternate II
    The grantee certifies that, as a condition of the grant, he or she 
will not engage in the unlawful manufacture, distribution, dispensing, 
possession or use of a controlled substance in conducting any activity 
with the grant.

----------------------------------------------------------------------
(Name & Title)

----------------------------------------------------------------------
(Signature & Date)

Attachment 4--Certification Regarding Lobbying Certification for 
Contracts, Grants, Loans, and Cooperative Agreements

    The undersigned certifies, to the best of his or her knowledge and 
belief, that:
    (1) No Federal appropriated funds have been paid or will be paid, 
by or on behalf of the undersigned, to any person for influencing or 
attempting to influence an officer or employee of any agency, a Member 
of Congress, an officer or employee of a Member of Congress in 
connection with the awarding of any Federal contract, the making of any 
Federal grant, the making of any Federal loan, the entering into of any 
cooperative agreement, and the extension, continuation, renewal, 
amendment, or modification of any Federal contract, grant, loan, or 
cooperative agreement.
    (2) If any funds other than Federal appropriated funds have been 
paid or will be paid to any person for influencing or attempting to 
influence an officer or employee of Congress, or an employee of a 
Member of Congress in connection with this Federal contract, grant, 
loan, or cooperative agreement, the undersigned shall complete and 
submit Standard Form -LLL, ``Disclosure Form to Report Lobbying,'' in 
accordance with its instructions.
    (3) The undersigned shall require that the language of this 
certification be included in the award documents for all subawards at 
all tiers (including subcontracts, subgrants, and contracts under 
grants, loans, and cooperative agreements) and that all subrecipients 
shall certify and disclose accordingly.
    This certification is a material representation of fact upon which 
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or 
entering into this transaction imposed by section 1352, title 31, U.S. 
Code. Any person who fails to file the required certification shall be 
subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure.
    Signed by: (Name, Title & Signature of Authorized HA Official)
----------------------------------------------------------------------
(Name & Title)

----------------------------------------------------------------------
(Signature & Date)

BILLING CODE 4210-33-P

TN01FE94.020


TN01FE94.021


TN01FE94.022


BILLING CODE 4210-33-C

Attachment 6--Certification Regarding Single Audit Act

    The undersigned certifies that, to the best of his or her 
knowledge, the housing agency is currently in compliance with the audit 
requirements under the Single Audit Act, OMB Circular No. A-128 and 
HUD's implementing regulations at 24 CFR Part 44; or OMB Circular No. 
A-133, as applicable. This certification includes the period [insert 
dates audit covers] which covers the last audit conducted and submitted 
to HUD in accordance with these requirements, or the period for audit 
currently under contract.
    Signed by: (Name, Title & Signature of Authorized HA Official)
----------------------------------------------------------------------
(Name & Title)

----------------------------------------------------------------------
(Signature & Date)

Attachment 7--Commitments for Supportive Services

A. Certification

    Applicants must submit the following certification which may be 
signed by an authorized certifying official for the HA in the case that 
the HA itself will ensure the provision of supportive services. In the 
case that a State, local government, Indian Tribe or private entity 
will ensure the provision of supportive services, an authorized 
certifying official of that entity would sign this certification:
    The ________________[insert name of HA or other entity] assures 
that it will make available supportive services appropriate to the 
needs of the population to be served and at least equal in value to the 
aggregate amount of rental assistance funded by HUD for the full term 
of the ACC for this program and that this [organization/government] 
will fund the supportive services itself if the planned resources do 
not become available for any reason.

Signature of Authorized Certifying Official:---------------------------
Date:________________
Title:________________

    Name of State, local government, Indian Tribe or private entity, if 
applicable:

----------------------------------------------------------------------

Applicant name and PHA Number:-----------------------------------------

B. Documentation of Supportive Services

    Applicants must submit the following documentation for supportive 
services. All cash contributions and the value of in-kind contributions 
must be listed below in order to count as matching resources and must 
include documentation in accordance with the instructions provided 
below. Applicants do not have to provide documentation of the full 
amount of the supportive service match in the application. Applicants 
receiving awards will be required to provide over the term of the grant 
supportive services that are valued at an amount at least equal to the 
aggregate amount of rental assistance.
1. Summary by Type of Documented Resources
    Enter in this chart the source of the supportive services 
commitment, the type of service committed, the application's page 
number for the documentation and the cash value as required in Section 
I(D)(4) of the NOFA. Documented cash and in-kind resources may be 
funded or provided from Federal, State, local, non-profit and private 
sources. List only those that are committed at the time of the 
application. 

                                      Summary of Supportive Services Chart                                      
----------------------------------------------------------------------------------------------------------------
                                                       Type of service     Page No. of     Value of     HUD use 
                  Name of provider                       contributed      documentation     service      only   
----------------------------------------------------------------------------------------------------------------
                                                      ................  ................  ..........  ..........
                                                      ................  ................  ..........  ..........
                                                      ................  ................  ..........  ..........
                                                      ................  ................  ..........  ..........
                                                      ................  ................  ..........  ..........
                                                      ................  ................  ..........  ..........
----------------------------------------------------------------------------------------------------------------

2. Supportive Services Documentation
    Applicants that list the cash value of matching resources in 1 must 
document these resources in the appropriate format described below and 
on letterhead stationery, except the documentation for private 
individuals need not be printed on letterhead. No other format will be 
accepted as evidence of a firm commitment.

a. Applicant Cash
________________[date]

    If this proposal is funded, ________________[applicant name] will 
commit $________ [amount] of its own funds for ________________[type of 
activity] to be made available for the supportive services component of 
the Section 8 Rental Voucher Set-aside for Homeless Persons with 
Disabilities program. The funds will be available on 
________________[date].

----------------------------------------------------------------------

[Signature and title of applicant's authorized representative]


b. Third Party Cash, includes State, local government, Indian Tribe or 
private entity Cash
 ________________[date]

    If this proposal is funded, ________________ [third party name] 
will commit $ ________ [amount] to ________________ [applicant/
coordinating entity] for ________________ [type of activity] to be made 
available for the supportive services component of the Section 8 Rental 
Voucher Set-aside for Homeless Persons with Disabilities program. The 
funds will be available on ________________ [date].


----------------------------------------------------------------------

[Signature and title of third party's authorized representative]


c. Third Party Non-cash Resources
________ [date]
    If this proposal is funded, ________________ [third party name] 
will commit to make available ________________ [type of resource] 
valued at $ ________ [amount] to be made available for the supportive 
services component of the Section 8 Rental Voucher Set-aside for 
Homeless Persons with Disabilities program of ________________ [name of 
applicant/coordinating entity]. These resources will be available on 
________ [date].


----------------------------------------------------------------------
[Signature and title of third party's authorized representative]


d. Donated Professional Services
________ [date]

    If this proposal is funded, ________________ [professional's name] 
will commit to make available ________________ [type of resource 
ordinarily performed for payment] valued at $ ________ [amount based on 
customary charge] to be made available for the supportive services 
component of the Section 8 Rental Voucher Set-aside for Homeless 
Persons with Disabilities program of ________________ [name of 
applicant/coordinating entity]. These resources will be available from 
________ [date] to ________ [date].


----------------------------------------------------------------------

[Signature and title, if any]


e. Volunteer Time
________________ [date]

    If this proposal is funded, ________________ [volunteer's name] 
will commit to provide ________ [number] hours of volunteer time to 
provide ________________ [type of activity] to be made available for 
the supportive services component of the Section 8 Rental Voucher Set-
aside for Homeless Persons with Disabilities program of 
________________ [name of applicant/coordinating entity]. The total 
value of these services is $ ________ [amount based on $10.00 per 
hour]. These resources will be available from ________ [date] to 
________ [date].


----------------------------------------------------------------------

----------------------------------------------------------------------

[Signature and title, if any]


f. Contribution of a Building Owned or Leased
________ [date]

    If this proposal is funded, ________________ [applicant/other party 
name] pledges the {building {or} leasehold interest of the building} at 
________________ [site address] to be made available for the supportive 
services component of the Section 8 Rental Voucher Set-aside for 
Homeless Persons with Disabilities program. The building has a fair 
market value of      $ ________ [amount] {or} fair rental value of $ 
________ [amount] annually, and at constant value will amount to $ 
________ [amount] over ________ [term of the lease]}. An appropriate 
independent third party made this assessment which is based on 
comparable properties in the area. These resources will be available on 
     ________ [date].


----------------------------------------------------------------------

[Signature and title of applicant/other party's authorized 
representative]


g. Contributed Materials
________________ [date]

    If this proposal is funded, ________________ [name of organization/
individual] commit ________________ [material being committed] for the 
supportive services component of the Section 8 Rental Voucher Set-aside 
for Homeless Persons with Disabilities program. The estimated value of 
this material is $ ________ [amount].


----------------------------------------------------------------------

[Signature and title of applicant/other party's authorized 
representative or signature and title, if any]

[FR Doc. 94-2092 Filed 1-31-94; 8:45 am]
BILLING CODE 4210-33-P