[Federal Register Volume 59, Number 112 (Monday, June 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14282]


[[Page Unknown]]

[Federal Register: June 13, 1994]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-94-3761; FR-3538-N-01]

 

NOFA for Vacancy Reduction Program

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

ACTION: Notice of funding availability.

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SUMMARY: This NOFA announces the availability of funding for activities 
under the Vacancy Reduction Program. Under this program, certain public 
housing agencies (PHAs) are required to develop and submit a plan 
regarding vacancies in units owned or operated by the PHA. Assessment 
teams have conducted on-site assessments of the vacancy situation at 
known eligible PHAs, and when notified will conduct an assessment at 
any PHA that meets the eligibility requirements but has not been 
assessed. In addition, when requested, HUD will provide assistance to 
any eligible PHA in developing its vacancy reduction plan. Although 
funds available under this NOFA will be used to implement the plans, 
these funds are intended to supplement other initiatives of the PHA 
that will reduce the rate of vacancies in a PHA's inventory. The NOFA 
contains information on the following:
    (a) The purpose of the NOFA, available amounts, and eligibility; 
and
    (b) Application processing, including how to apply, the required 
content of the application, and how selections will be made.

DATES: An application must be submitted before 4 p.m. (Eastern Standard 
Time) on July 28, 1994.
    Any PHA that considers itself eligible for funding under this NOFA, 
but that has not yet been scheduled for an assessment under 24 CFR 
968.410, must request an assessment before June 28, 1994.
    The above-stated deadlines are firm as to date and hour. 
Applications may be hand-delivered or mailed, but applications sent by 
facsimile will not be accepted.

ADDRESSES: The original completed application must be submitted to: 
Attention: Office of Assisted Housing, Department of Housing and Urban 
Development, 451 Seventh St., SW., room 4204, Washington, DC 20410; one 
copy must be sent to the appropriate HUD Field Office; and a one copy 
must be sent to each member of the assessment team.

FOR FURTHER INFORMATION CONTACT: MaryAnn Russ, Director, Office of 
Assisted Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW., room 4204, Washington, DC 20410, telephone (202) 
708-1800 or (202) 708-1380 (TDD). (These are not toll-free numbers.)

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 2577-0181.

I. Purpose and Substantive Description

A. Authority

    The funding made available under this Notice of Funding 
Availability (NOFA) is authorized as a set-aside by section 115(a) of 
the Housing and Community Development Act of 1992 (Pub. L. 102-550, 
approved October 28, 1992) (1992 Act). Section 115(a) requires a 
percentage of the amounts available under section 14 of the United 
States Housing Act of 1937 in fiscal years 1993 and 1994 to be set 
aside for the Vacancy Reduction Program. Final implementing regulations 
for the Vacancy Reduction Program are published elsewhere in today's 
Federal Register.
    In the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1993 (Pub. L. 
102-389, approved October 6, 1992; 106 Stat. 1582) (1993 Appropriations 
Act), Congress appropriated $3.1 billion for activities under section 
14, and in the Departments of Veterans Affairs and Housing and Urban 
Development, and Independent Agencies Appropriations Act, 1994 (Pub. L. 
103-124, approved October 28, 1993 (1994 Appropriations Act), Congress 
appropriated $3.23 billion for these activities. A total of 
$202,560,000 in set-asides is available for this program to fund 
Vacancy Reduction Program activities.

B. Allocation Amounts

    A portion of the funds available for this program will be used for 
travel and administrative expenses of the assessment teams, as 
authorized by Section 115 of the 1992 Act. Of the remaining amount, no 
PHA applying for funding under this NOFA may receive more than 15 
percent of the total available funds.
    Subject to this 15 percent limitation, eligible public housing 
agencies (PHAs) that are Comprehensive Improvement Assistance Program 
(CIAP) agencies will be provided funding in the full amounts approved 
for Vacancy Reduction Program activities. For PHAs that are 
Comprehensive Grant Program (CGP) agencies, if insufficient funds 
remain to fund all eligible and approved activities under this NOFA, 
the amount to be reserved for each CGP agency will be its pro rata 
share of the total remaining funds available, in accordance with 
Section I.J(3) of this NOFA.
    All units that are funded in whole or in part by the Vacancy 
Reduction Program must be brought into compliance with the Housing 
Quality Standards (HQS), as set forth in 24 CFR 882.109, and must be 
readily marketable when the work is completed.

C. Background

    In order to gain greater insight into the vacancy problems of the 
PHAs required to participate in the Vacancy Reduction Program, the 
Department sent a survey form on April 2, 1993, to all PHAs that, based 
on HUD data bases, were troubled or mod-troubled on January 1, 1993, or 
had a vacancy rate that exceeded 15.9% on that date. Of the 400 
identified PHAs, 345 responded to the survey. These PHAs reported a 
total of 56,324 vacancies, about half of the total vacancies 
nationally. The responses showed that additional funding was necessary 
to cure only half of the vacancies in the inventories of the responding 
PHAs.
    Of those vacant units whose occupancy was not dependent upon 
additional funding, the reasons for and percentages of the total 
vacancies were as follows:
     Ready, awaiting leasing--5.7%;
     No demand (defined as few or no persons on the waiting 
list)--3.5%;
     Undesirable (defined as requiring 4 or more offers to 
obtain a tenant, but not requiring funding)--2.0%;
     Funded under a modernization program--29.7%;
     In litigation--6.5%; and
     Other reason not requiring funding--3.2%.
    Of those units in which vacancies could be eliminated with 
additional funding, the reasons for and percentages of the vacancies 
were as follows:
     Awaiting demolition--5.4%;
     Needing modernization--30.0%;
     Needing repair--12.8%; and
     Other reason requiring funding--1.1%.
    Of the vacant units that would benefit from additional funding, the 
estimated costs of rehabilitation (exclusive of any costs for lead-
based paint testing and abatement) and percentage of total vacancies 
were as follows:
     Up to $5,000--4.8%;
     $5,000-10,000--14.8%;
     $10,000-25,000--7.1%; and
     Over $25,000--13.8%.
    Thus, almost 20% of all vacancies in these high-vacancy PHAs could 
be remedied for a cost of $10,000 or less per unit, plus the cost of 
any lead-based paint activity, essential management improvements, 
Section 504 (of the Rehabilitation Act of 1973) rehabilitation, or 
other essential costs.
    The Department seeks maximum efficiency in the use of Vacancy 
Reduction Program funds. To this end, the Department met with public 
housing interest groups and resident representatives on January 28 and 
July 9, 1993, to discuss the needs of public housing that might be met 
by this program. As a result, the Department has decided to focus this 
NOFA on units that can be rehabilitated for occupancy at a modest cost, 
and on units with more expensive rehabilitation costs where the PHA has 
the ability and agrees to provide the remainder of the funding 
necessary to prepare the property for occupancy. In this way, the 
Department hopes to house the optimal number of additional families 
using the available program funds.
    The survey has enabled the Department to proceed with vacancy 
assessments (see 24 CFR 968.410 in the final rule published elsewhere 
in today's Federal Register and the preamble of the proposed rule, 
published at 58 FR 29728) for those PHAs that responded to the survey 
and indicated an inventory of unfunded vacant units. Other PHAs that 
did not receive a survey form or did not respond to the survey, but 
that believe they are eligible under this NOFA and wish to apply for 
funding, must notify the Department so that an assessment can be 
scheduled as indicated under DATES, at the beginning of this NOFA.
    The Vacancy Reduction Program is not designed to focus solely on 
the rehabilitation of vacant units; the program also is intended to 
identify and correct site and management deficiencies as necessary to 
achieve and sustain occupancy of vacant units. Management problems in 
some of the high-vacancy PHAs also may be responsible for vacancies. 
These problems may include high turnover, poor maintenance and 
security, delays in making units ready for occupancy after they are 
vacated, delays in placing tenants in units as soon as they are ready, 
or inability to deal with marketability problems that could be 
addressed successfully. Therefore, management improvements that are 
necessary for a PHA to achieve and maintain a high level of occupancy 
and to manage turnover successfully also will be funded under this 
NOFA. The vacancy assessments will assist the PHAs and HUD in 
identifying what actions need to be taken in this regard.
    Some PHAs may have difficulty preparing an application, including a 
vacancy reduction plan. The Department will, on request by the PHA, 
assist the PHA in preparation of the plan. Such assistance may be 
requested by telephoning Strategic Resources, Inc. (703) 749-3040. 
Moreover, if an application submitted in response to this NOFA is 
technically approvable under the NOFA, but is deemed by HUD to need 
improvement or supplementation in specific areas of the PHA's plan to 
increase the potential for success, HUD will require changes in the 
plan before execution of the amendment of the Annual Contributions 
Contract (ACC).

D. Definitions

    The following definitions apply to this NOFA, in addition to the 
definitions that apply generally to the program under Sec. 968.405 of 
the final rule published elsewhere in today's Federal Register:
    Assistant Secretary means the Assistant Secretary for Public and 
Indian Housing.
    Eligible unit means a dwelling unit that satisfies the conditions 
under either paragraph (1) or paragraph (2) of this definition, as 
applicable. The unit must be either:
    (1) A vacant unit that meets the characteristics of both of the 
following paragraphs (1) (a) and (b):
    (a) The cost of rehabilitation necessary to make the unit available 
for occupancy and marketable (including development-wide physical 
improvements and other necessary costs, but not including costs of 
lead-based paint activity, costs for accessibility for those with 
disabilities, and management improvement funding) is either:
    (i) $8,000 or less, when averaged with other vacant units in the 
development for which the PHA is applying for this category of funding 
(i.e., average of not more than $8,000 per unit); or
    (ii) More than $8,000, when averaged with other vacant units in the 
development for which the PHA is applying for this category of funding 
(i.e., average of more than $8,000 per unit), and the PHA has available 
funding that it agrees to use to pay the costs in excess of $8,000 per 
unit. ``Available funding'' includes funds legally available to the PHA 
by September 30, 1994; and
    (b) The unit will be marketable when it has been made ready for 
occupancy. Units that cannot be made marketable, for any reason, are 
not eligible to be funded under this NOFA, and funds should not be 
requested for them in the application. Such units, however, must be 
included in the vacancy reduction plan; or
    (2) An occupied unit, if either:
    (a) The unit meets the criteria of paragraphs (1)(a)(i) or (ii) and 
paragraph (1)(b) of this definition, and either:
    (i) In order to address the overall vacancy situation at a PHA, it 
is necessary to move a resident family to another unit. The unit 
vacated by that family may then be considered an eligible unit. For 
example, if a PHA has vacant one-bedroom units for which there is no 
demand, but also has overhoused families that could be transferred to 
the one-bedroom units (thus freeing up larger units for which there is 
a demand), the PHA could request funding under this NOFA for both 
units; or
    (ii) The unit is expected to be vacated under the Moving to 
Opportunities Program; or
    (b) The PHA has fewer vacancies on the date of its application than 
it had on September 1, 1993, and the PHA had expended funds on 
rehabilitation of the unit in reasonable anticipation of reimbursement 
from Vacancy Reduction Program funds. The PHA may be reimbursed for the 
cost of the rehabilitation only if funds remain available after HUD has 
funded all other eligible costs at all PHAs applying for funds.
    Lead-based paint activity includes lead-based paint risk 
assessments, risk management (interim containment), testing, and 
abatement, consistent with the Lead-Based Paint Poisoning Prevention 
Act (42 U.S.C. 4821-4826) and HUD implementing regulations at 24 CFR 
parts 35, 965, and 968.
    Marketable means that there is a waiting list for units of the 
applicable size and that either the past experience of the PHA would 
indicate that the unit should lease reasonably quickly after completion 
of the work funded under this program, or other available data 
indicates that physical and management improvements, including more 
extensive outreach, would likely result in a demand for the units.
    Repair includes routine maintenance when essential to the 
reoccupancy of the eligible vacant units.
    Vacancy Reduction Plan means a plan developed by the PHA that 
includes the following:
    (1) The statements required by Sec. 968.407(b) of the final rule 
(also see Appendix to this NOFA) published elsewhere in today's Federal 
Register;
    (2) For all vacant units, reported by development, information on 
the:
    (i) Number and percentage of units vacant at the time of 
application under this NOFA;
    (ii) Number and percentage of units expected to be occupied by each 
semiannual date after the submission of the PHA's vacancy reduction 
plan, as provided under paragraph (3) of this definition, including 
date of full occupancy;
    (iii) Source of funding and expected percentage of funds to be 
obligated and expended by each semiannual date, as provided under 
paragraph (3) of this definition; and
    (iv) Expected date of any demolition or disposition, and the number 
of units involved in this activity.
    (3) A schedule, by chart or time line, indicating milestones for 
vacancy reduction activities (all vacant units must be included 
regardless of whether they require funding and whether they have 
already been funded). The schedule shall indicate all actions that will 
have been taken as of the end of each semiannual period, either 
September 30 or March 31.
    (i) Actual calendar dates shall be used for units that do not 
require vacancy reduction program funding, but will be funded from 
sources within the control of the PHA (e.g., CGP and the operating 
budget) or have already been funded by another governmental program 
(e.g., CIAP, the Severely Distressed Public Housing Program).
    (ii) For units for which specific calendar dates cannot be given 
because approval from HUD is a prerequisite to the action, the schedule 
shall specify semiannual dates from the expected HUD approval (e.g., 
first semiannual reporting date after approval, second semiannual 
reporting date after approval, etc.). Such units include those for 
which the PHA is requesting or intends to request funding under the 
Vacancy Reduction Program or another HUD program (e.g., CIAP or the 
Severely Distressed Public Housing Program), or for which approval of 
demolition/disposition is required but has not yet been granted.

E. PHA Eligibility

    (1) Indian Housing Authorities are not eligible for the Vacancy 
Reduction Program.
    (2) To be eligible under this NOFA, a PHA must:
    (a) Have had a vacancy rate that exceeded 15.9% on March 30, 1993, 
the date used in the HUD survey of vacancies;
    (b) Have had a receiver appointed for the PHA pursuant to section 
6(j)(3) of the United States Housing Act of 1937; or
    (c) Have been a designated troubled or mod-troubled PHA any time 
within the twelve-month period that ended September 1, 1993. Such a PHA 
must also meet either of the conditions described in paragraphs (i) and 
(ii) below:
    (i) The PHA has demonstrated substantial progress on the following 
vacancy related Public Housing Management Assessment Program (PHMAP) 
indicators: 1 (Vacancy Number and Percentage), 2 (Modernization), 5 
(Unit Turnaround), 6 (Outstanding Work Orders), or 7 (Annual Inspection 
and Condition of Units and Systems), as demonstrated by a PHMAP score 
of ``C'' or better. If the PHA does not have a score of ``C'' or better 
on these indicators, substantial progress may be demonstrated as 
follows:
    (A) Evidence that the PHA, based on more recent data would qualify 
for a score of ``C'' or better on the indicators; or
    (B) A statement of alternative arrangements that have been made to 
assure effective administration of the function covered by the 
indicator, i.e., rehabilitation and modernization activities (in regard 
to the units for which funding is requested) and the PHA-wide 
administration of unit turnaround, work orders, and preventive 
maintenance; or
    (ii) The PHA has provided a reasonable assurance that substantial 
progress will be made to remedy any management deficiencies identified 
by the assessment team, or any vacancy-related management deficiencies 
related to PHMAP indicators 1, 2, 5, 6, and 7, through activities that 
have already begun or will be initiated in the next six months, 
including activities to be funded under this NOFA. The assurance may 
cross-reference management improvement activity described in its 
vacancy reduction plan.

F. Eligibility of Activities and Costs

    (1) Eligible Activities. The following activities are eligible for 
funding to the extent that they are essential to the goal of improving 
and maintaining a lower vacancy rate at the PHA. The extent to which 
activities requested for funding are essential to the achievement of 
this goal will be determined by HUD on the basis of the application and 
the vacancy assessment.
    (a) Management improvements that have the following 
characteristics:
    (i) The management improvements generally may not exceed 25% of the 
hard costs to be funded (exclusive of costs for lead-based paint 
abatement and handicapped accessibility), except that higher amounts 
for management improvements may be approved when such expenditures are 
deemed by HUD to be critical to the reduction of vacancies in the PHA. 
Management improvements include, but are not limited to: activities 
permitted under paragraph 2-3 of CIAP Handbook 7485.1 (Rev. 4); equal 
opportunity and civil rights training; and the development of 
appropriate procedures when there are management problems regarding the 
PHA's administration of equal opportunity requirements; and
    (ii) The management improvement costs shall be funded one time 
only, to cover a period not to exceed three years or, with regard to 
PHAs with serious management difficulties, such period as is proposed 
by the PHA and approved by HUD. Where an approved Vacancy Reduction 
Program includes management improvements that involve ongoing costs, 
such as security, HUD will not be obligated to provide any continued 
funding or additional operating subsidy after the funded period. The 
PHA shall be responsible for finding other funding sources or reducing 
its ongoing management costs.
    (b) Rehabilitation or repair of vacant eligible units to bring the 
unit at least into compliance with the Housing Quality Standards (HQS), 
as set forth in 24 CFR 882.109. Correction of HQS deficiencies outside 
the unit is not required, unless the correction of the HQS deficiencies 
is essential to the marketability of the vacant units in the 
development. Any physical component that is replaced must meet the 
standards for such components set forth in the Public Housing 
Modernization Standards Handbook, 7485.2 Rev.1.
    (c) Costs necessary to provide accessibility in eligible units to 
persons with disabilities, in accordance with the requirements of 
Section 504 of the Rehabilitation Act of 1973 and the Americans with 
Disabilities Act of 1990.
    (d) Lead-based paint activity, as defined in Section I.D of this 
NOFA, in eligible units. For lead-based paint (LBP) activities, the PHA 
is required to comply with 24 CFR part 965, subpart H, and 24 CFR part 
35.
    (e) Development-wide improvements that are essential to the 
marketability of the eligible units, such as improvements made to 
enhance security or ``curb appeal.''
    (f) Reconfiguration of the interior of buildings or units when 
there is documentation of significant problems in marketability for the 
currently available unit size. Documentation for reconfiguration must 
meet the requirements of HUD Handbook 7465.1 REV. In addition, where 
reconfiguration is requested, applicants must document that the lack of 
demand for these units is not compounded by the failure of the PHA to 
transfer inappropriately housed families. Approval of an application 
under this NOFA that includes reconfiguration activity will constitute 
HUD approval of the reconfiguration and no further HUD approval is 
necessary.
    (g) When vacancies are attributable to families being overhoused, 
activities relating to reassigning those families and repairing of the 
occupied units made vacant by the reassignment may be included in the 
PHA request, if the reassignment is essential to correcting the vacancy 
problem. However, such units will be considered only if the 
reassignment and repair is likely to result in a decrease of the 
vacancy rate in the PHA.
    (h) Other related activities and improvements eligible under the 
modernization program (see 24 CFR part 968), such as administrative 
expenses, fees and costs, nondwelling structures and equipment, and 
relocation, but only to the extent that such costs are necessary to 
support activity otherwise eligible and are essential to the 
achievement and maintenance of a lower vacancy rate.
    (i) Demolition of vacant units, when a demolition application has 
been approved by HUD and the demolition has not been previously funded.
    (j) If the PHA has fewer vacancies on the date of its application 
than it had on September 1, 1993, the PHA will be reimbursed for the 
costs of rehabilitating the formerly vacant units only if funds remain 
available after the Department has funded all other eligible costs at 
all PHAs applying for funds.
    (2) Eligible Costs. The total amount of funding for which a PHA is 
eligible is the sum of the following:
    (a) For each development, the necessary costs of rehabilitation of 
eligible units; development-wide physical improvements, including 
common areas; demolition; or reconfiguration. These costs are not to 
exceed $8,000 times the number of eligible units in the development at 
the time of application.
    (b) Necessary costs of management improvements, not to exceed 25% 
of the total hard costs to be funded for all developments (exclusive of 
costs for lead-based paint abatement and handicapped accessibility), 
except that the Assistant Secretary may approve higher amounts for 
management improvements when such expenditures are deemed critical to 
reduction of vacancies in the PHA;
    (c) Other related costs as discussed in paragraph (1)(h) (under 
``Eligible Activities'') of this Section I.F;
    (d) Necessary costs for lead-based paint containment or abatement 
in eligible units; and
    (e) Necessary costs for handicapped accessibility for eligible 
units.
    (3) Ineligible Activities. Activities are not eligible if the 
activities are under contract; have been selected for funding from 
other sources, such as Urban Revitalization Demonstration (URD) grants, 
CIAP, or State or local funding; or if the PHA has sufficient funds in 
its operating budget or pursuant to its formula grant under the CGP to 
fund the activities.
    Sufficiency of funds will be determined as follows:
    (a) For hard costs, a CGP agency will be deemed to have 
insufficient funds for the activities if the Assessment of Physical 
Needs in the Comprehensive Plan shows a need for funds greater than the 
funds expected to be available to the PHA under the CGP in the next 
five years.
    (b) For management improvements, a CGP agency will be deemed to 
have insufficient funds if:
    (i) For CGP agencies, the Management Needs Assessment in the 
Comprehensive Plan shows a need for funds greater than 10% of the funds 
expected to be available to the PHA under its CGP in the next five 
years; and
    (ii) The PHA plans to use at least 10% of its CGP funds for 
management improvements in each of the next five years.
    (c) In addition, for CGP and Comprehensive Improvement Assistance 
Program (CIAP) agencies, operating funds will be deemed to be 
insufficient only if the PHA has an operating reserve of less than 75% 
of the maximum allowable reserve.

G. Resident Involvement

    The PHA shall develop a process that assures that residents are 
fully briefed, have an opportunity to comment on the proposed content 
of the PHA's application in response to this NOFA, and to be involved 
in all phases of the process. Particular attention shall be given to 
opportunities for resident employment. The PHA shall give full 
consideration to the comments and concerns of residents. The process 
shall include:
    (1) Informing residents of the applicable housing developments 
about the preparation of the application, including a discussion of the 
report of the assessment team and actions that will be taken to address 
any deficiencies;
    (2) Once a draft application has been prepared, the PHA shall make 
a copy available for reading in the management office; provide copies 
of the draft to any resident organization representing the residents of 
any development involved; and provide adequate opportunity for comment 
by the residents of the developments and their representative 
organizations prior to making the application final;
    (3) Providing to HUD and any resident organization representing the 
development a summary of the resident comments and the PHA's response 
to them; and notifying residents of the developments that the summary 
and responses are available for reading in the management office; and
    (4) After HUD approval of a grant, notifying residents of the 
development and any representative organizations of the approval of the 
grant; providing any resident organization with a copy of the HUD-
approved implementation schedule; notifying the residents that the 
schedule is available in the management office for reading; and 
developing a system to facilitate regular resident monitoring of the 
program.

H. Resident Training, Employment, and Contracting

    The Vacancy Reduction Program provides an ideal opportunity to 
enhance resident training, employment, and contracting. In furtherance 
of HUD goals and priorities, PHAs should, to the greatest extent 
possible, provide such opportunities for residents under this program, 
including development of programs under section 3 of the Housing and 
Urban Development Act of 1968 (12 U.S.C. 1701u) (Section 3). Section 3 
requires best efforts on the part of the PHA to give low- and very low-
income persons training and employment opportunities generated by 
Vacancy Reduction Program assistance, and to award contracts for work 
to be performed in connection with Vacancy Reduction Program assistance 
to business concerns that provide economic opportunities for low- and 
very low-income persons. A PHA shall include in its vacancy reduction 
plan the projected number of residents the PHA expects to be trained or 
hired, and the number of business firms that provide economic 
opportunity to low- and very low-income persons to be contracted with 
for vacancy reduction activities, whether directly by the PHA or 
through business concerns with which the PHA has contracts for vacancy 
reduction activities.

I. Required Results

    (1) Except as provided below, funds provided under this NOFA must 
be expended and units reoccupied within 24 months from the date of 
funding, and management improvements must be implemented fully within 3 
years from the date of funding. However, the Assistant Secretary for 
Public and Indian Housing may approve alternative schedules proposed by 
PHAs with significant management improvement needs. Funds awarded under 
this program that are not obligated on a timely basis may be 
recaptured.
    (2) During the funding period, move-ins to developments funded 
under this program must at least equal the number of move-outs plus the 
number of units funded under this program (excluding units that are 
vacated for modernization and later reoccupied after modernization). At 
the end of the funding period, the PHA's current vacancy rate must be 
reduced to the extent of the number of units funded under this program.

J. Selection and Funding Process

    (1) Sufficiency of Application. In order to be considered for 
funding, an application must be complete and consistent with the terms 
of this NOFA, and the vacancy reduction plan must generally be 
consistent with the recommendations of the assessment team. The 
Department recognizes that some variance will exist since some of the 
assessments already conducted concentrated on units that could be 
repaired for $10,000 or less. In determining the amount of funds to be 
reserved for each approvable application, HUD will review the request 
for consistency with the recommendations of the assessment team and 
will consider any other information HUD may have available. When an 
approvable vacancy reduction plan submitted in response to this NOFA 
needs improvement or supplementation, HUD will require any necessary 
changes or additions to the plan, and will assist the PHA in revising 
its plan, before execution of the amendment of the ACC.
    (2) Management Deficiencies. If a PHA does not adequately address 
management weaknesses that contribute to its vacancy problem and have 
been reported by the assessment team, its application will be deemed 
ineligible for funding.
    (3) Funding Decisions. When a PHA is requesting funding for 
eligible units in which rehabilitation costs will exceed an average of 
$8,000 (see paragraph (1)(a)(ii) in the definition of ``eligible unit'' 
in Section I.D of this NOFA), HUD will determine whether the PHA's plan 
to fund the cost above an average of $8,000 per unit is reasonable. 
However, no PHA may receive greater than 15 percent of the total amount 
of funding available.
    (a) CIAP Agencies. HUD will fully fund all eligible units and 
associated costs (as defined in Section I.F of this NOFA) for which 
CIAP agencies apply.
    (b) CGP Agencies. From the remaining funds HUD will fund eligible 
applications from CGP agencies to the extent funding is available. Of 
the total funds remaining available for CGP agencies, 75 percent will 
be made available for units eligible under paragraph (1)(a)(i) in the 
definition of ``eligible unit'' in Section I.D, ``Definitions,'' of 
this NOFA. The other 25 percent will be made available for units 
eligible under paragraph (1)(a)(ii) of that definition of ``eligible 
unit''.
    (i) If the amount of funds available is sufficient to fund fully 
(including the costs of management improvements, lead-based paint 
control, and accessibility for the disabled) all CGP agencies in either 
category of funding, HUD will fund those requests fully.
    (ii) If the total funding requested by CGP agencies in any category 
exceeds the total amount of funds available in that category, the 
amount to be reserved for each CGP agency will be determined as 
follows, except that an agency will not be funded at a level exceeding 
its budget request:
    (A) If the amount of available funding is sufficient, each CGP 
agency will be funded for its eligible costs (exclusive of management 
improvements and the costs of lead-based paint control and 
accessibility for the disabled). If funds remain available after 
funding the requested costs under this paragraph, each CGP agency will 
receive a pro rated share of the remaining funds, according to the 
ratio of eligible related costs (i.e., management improvements and the 
costs of lead-based paint control and accessibility for the disabled) 
requested by the agency to the total of eligible related costs 
requested by all CGP agencies.
    (B) If the amount of available funding is not sufficient to fund 
all eligible costs costs under paragraph (3)(b)(ii)(A) of this Section 
I.J, the funding allocated to each CGP agency will be its pro rata 
share of funds, determined by using the same ratio as the number of 
eligible units in the CGP agency in that category for which funding is 
requested to the total number of eligible units in that category for 
which funding is requested by all applicant CGP agencies.
    (iii) If funds remain available in either category and there are 
unmet needs in the other category, the excess funds will be reallocated 
to the category in which additional funding is needed.
    (iv) If applications from CGP agencies are not fully funded, those 
agencies will be required to revise their vacancy reduction plans and 
budgets to indicate which items will be funded with the amounts 
reserved for the CGP agency under this program and state alternative 
plans for unfunded vacancies. To the extent that funds are prorated for 
its units averaging more than $8,000 in costs, each CGP agency 
receiving program funds under paragraph (1)(a)(ii) of that definition 
of ``eligible unit'' in Section I.D, ``Definitions,'' will be required 
to commit a portion of the funds the agency had agreed to commit from 
independent resources if those units had been funded in the full amount 
requested. This portion will be determined by applying (to the total 
commitment made in the application) the ratio of funding received for 
those units to funding requested for those units.
    (c) Remaining funds. If funds remain available after funding all 
eligible activities under paragraphs (a) and (b) of Section I.J(3), 
``Funding Decisions,'' of this NOFA, a PHA may be reimbursed for costs, 
or a portion of costs, associated with rehabilitating certain occupied 
units. The PHA must have fewer vacancies on the date of its application 
than it had on September 1, 1993, and must have expended funds on those 
units in reasonable anticipation of reimbursement from Vacancy 
Reduction Program funds.

K. Implementation of Plan and Other Programs

    (a) An applicant's vacancy reduction plan must be approved before 
an application is funded under this NOFA even though, in most cases, 
the plan will cover the physical treatment of many units that are not 
eligible under this NOFA. The PHA is expected to implement the plan 
using available funds, including the operating budget and CGP funds, 
and by requesting funds under discretionary programs, including CIAP 
and the Severely Distressed Public Housing Program. HUD will monitor 
implementation of the vacancy reduction plan.
    (b) Eligible units that a PHA originally planned to fund with CGP 
funds may also be funded under this NOFA, as long as they are not 
currently under contract. The PHA may then reprogram its CGP funds to 
other work set forth in the Five-Year Action Plan.

II. Application Process

A. Submission of Application

    An application must be submitted before 4 p.m. (Eastern Standard 
Time), July 28, 1994.
    An original completed application must be submitted, as follows: 
(1) One to: Attention: Director, Office of Assisted Housing, Department 
of Housing and Urban Development, 451 Seventh St., SW., room 4204, 
Washington, DC 20410,; (2) one copy to the appropriate HUD Field 
Office; and (3) one copy to each member of the assessment team. The 
above-stated deadline is firm as to date and hour. Applications may be 
hand-delivered or mailed, but applications sent by facsimile will not 
be accepted.

B. Scheduling of Assessments

    Any PHA that considers itself eligible and wishes to apply for 
funding under this NOFA, but that is not yet scheduled for a vacancy 
assessment under Sec. 968.410, must notify the Department by June 28, 
1994, so that an assessment can be performed.

C. Availability of Funding

    CIAP agencies that apply early may receive funding prior to the 
application deadline. Funding will be provided as soon as the 
application is approved.

III. Checklist of Application Submission Requirements

    The following documents comprise the application:

A. Vacancy Reduction Plan

    As defined in Section I.D of this NOFA.

B. Request for Funding

    Under this NOFA, including:
    (1) Form HUD-52825, CIAP Budget/Progress Report, Part I--Summary, 
including work to be performed with funds other than VRP funds for 
units eligible under paragraph (1)(a)(ii) of the definition of 
``eligible unit'' in Section I.E of this NOFA, indicating the source of 
funds. Do not include non-VRP funds in the totals.
    (2) Form HUD-52825, CIAP Budget/Progress Report, Part II--
Supporting Pages, include work to be performed with funds other than 
VRP funds for units eligible under paragraph (1)(a)(ii) of the 
definition of ``eligible unit'' in Section I.D of this NOFA, indicating 
the source of funds. Do not include non-VRP funds in the totals. Note 
that Form HUD-52825, CIAP Budget/Progress Report, Part III--
Implementation Schedule is not required;
    (3) For both categories of funding (i.e., units averaging costs of 
$8,000 or less by development, and units averaging costs of more than 
$8,000 by development), a statement of the number of eligible units in 
each development and the average per-unit cost in the development, 
including the costs for rehabilitation of the units and for any 
development-wide improvements, but excluding costs for lead-based 
paint, Section 504 compliance, and management improvements.
    (4) Troubled and mod-troubled PHAs must demonstrate eligibility for 
the program by submission of documentation required under Section 
I.E(2)(b) of this NOFA.
    (5) An administrative plan for carrying out the work.
    (6) When funding is requested under Section I.J(3)(c), ``Remaining 
Funds,'' of this NOFA, statements of the number of vacancies on 
September 1, 1993, and the total number of vacancies in the PHA at the 
time of the application under this NOFA.

C. Other Submissions

    (1) OMB Standard Form SF-424, Application for Federal Assistance, 
including SF-424B, Assurances--Non-Construction Programs. On the SF-
424, PHAs need to complete only items 2, 5, 12, 13, 14, 15, 17, and 18.
    (2) A resolution of the governing board of the PHA, including the 
following:
    (a) A certification that the units for which funding is requested 
in this application will be readily marketable when they are made ready 
for occupancy;
    (b) Certification of eligibility of the PHA and the proposed 
activities under sections I.F(1) and (2) of this NOFA;
    (c) A certification that the PHA has insufficient funds (as defined 
in Section I.F(3) of this NOFA) in its operating budget or pursuant to 
its formula grant under the Comprehensive Grant Program to fund the 
activities for which funding is sought under this NOFA, and that the 
activities have not been selected for funding from other sources, such 
as Urban Revitalization Demonstration (URD) grants, CIAP, or State or 
local funding.
    (3) Form HUD-50070, Certification for Drug-Free Workplace.
    (4) Form HUD-50071, Certification for Contracts, Grants, Loans and 
Cooperative Agreements, required of PHAs established under State law 
that are applying for grants exceeding $100,000.
    (5) SF-LLL, Disclosure of Lobbying Activities, required of HAs 
established under State law only when any funds, other than federally 
appropriated funds, will be or have been used to influence Federal 
workers or Members of Congress or their staffs regarding specific 
grants or contracts.
    (6) Form HUD-2880, Applicant/Recipient Disclosure/Update Report.
    (7) For any unit reconfiguration for which funds are requested 
under Section I.F(1)(e) of this NOFA, data supporting the eligibility 
of the conversions.
    (8) Certification of the PHA's intent to comply with the Fair 
Housing Act, Title VI of the Civil Rights Act of 1964, Executive Order 
11063, the Age Discrimination Act of 1975, Section 504 of the 
Rehabilitation Act of 1973, the Americans with Disabilities Act of 
1990, and any implementing regulations.
    (9) Certification that the PHA will make best efforts to give low- 
and very low-income persons training and employment opportunities 
generated by assistance awarded under this NOFA, and to award contracts 
for work to be performed in connection with assistance provided under 
this NOFA to business concerns that provide economic opportunities for 
low- and very low-income persons, as required by section 3 of the 
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u).

IV. Corrections to Deficient Applications

    Immediately after the submission of an application, HUD will screen 
the application to determine whether all items were submitted. If the 
PHA fails to submit any of the items listed in Section III.C of this 
NOFA, or the application contains a technical mistake such as an 
incorrect signatory, HUD will immediately notify the PHA that it has 14 
calendar days from the date of HUD's written notification to submit or 
correct the specified items. If any items are missing and the PHA does 
not submit them within the 14-day cure period, the application will be 
ineligible for further processing.

V. Subsequent Revisions of Vacancy Reduction Plan

    The intent of the Department is to assist each high vacancy PHA to 
develop a plan that will assure success in reducing the PHA's vacancy 
rate and improving management capacity to assure continued progress in 
reaching high occupancy levels. If a plan submitted in response to this 
NOFA is approved under the NOFA, but needs improvement or 
supplementation, HUD will so advise the PHA. The Department will 
specify areas in which improvement or supplementation is needed and 
require that revisions be made prior to execution of the amendment of 
the ACC. HUD staff will be available to assist the PHA in revising its 
plan.

VI. Other Matters

A. Environmental Review

    A finding of no significant impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969. The finding of no significant impact 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 the General Counsel, room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW., Washington, DC 20410-0500.

B. Federalism Executive Order

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this notice will not have substantial direct effects on 
States or their political subdivisions, or the relationship between the 
federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As a result, 
the notice is not subject to review under the Order. The NOFA merely 
sets forth funding availability for eligible PHAs that require the 
assistance to undertake vacancy reduction activities.

C. Family Executive Order

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this notice has potential 
for a significant impact on family formation, maintenance, and general 
well-being. The purpose of the notice is to provide funding to improve 
housing opportunities by reducing the number of vacant units in the 
inventories of PHAs, which could benefit some families significantly. 
However, because the impact on families would be indirect and would be 
beneficial, no further review is considered necessary.

D. Section 102 of the HUD Reform Act: Documentation and Public Access 
Requirements; Applicant/Recipient Disclosures

    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 of 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 part 12, subpart C, and the 
notice published in the Federal Register on January 16, 1992 (57 FR 
1942), for further information on these disclosure requirements.)
    Public notice. HUD will include recipients that receive assistance 
pursuant to this NOFA in its quarterly Federal Register notice of 
recipients of all HUD assistance awarded on a competitive basis. (See 
24 CFR 12.16(b), and the notice published in the Federal Register on 
January 16, 1992 (57 FR 1942), for further information on these 
requirements.)

E. Section 103 of the HUD Reform Act

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a) was 
published on 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 (voice/TDD) (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 the Department, should contact his or her Field 
Office Counsel or Headquarters counsel for the program to which the 
question pertains.

F. Section 112 of the Reform Act

    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b), added by section 112 of the Reform Act, 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 24 CFR part 86. If readers are 
involved in any efforts to influence the Department in these ways, they 
are urged to read part 86, particularly the examples contained in 
Appendix A of that part.
    Any questions about part 86 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.

G. 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.

    Authority: 42 U.S.C. 14371 and 3535(d).

    Dated: June 6, 1994.
Joseph Shuldiner,
Assistant Secretary for Public and Indian Housing.

Appendix--Requirements for ``Vacancy Reduction Plan'' in 24 CFR 
968.407

Section 968.407--Vacancy Reduction Plan
    (a) Submission of plan. Each PHA to which this subpart applies, in 
accordance with Sec. 968.403, shall submit a vacancy reduction plan. 
The plan shall contain the elements identified in paragraph (b) of this 
section, and shall be organized so that each of the elements can be 
identified, reviewed, and funded separately.
    (b) Contents of plan. The format of a plan submitted for funding 
under this program will be defined in NOFAs to be published 
periodically in the Federal Register. Each vacancy reduction plan 
submitted by a PHA under paragraph (a) of this section shall include 
statements:
    (1) Identifying all vacant dwelling units administered by the PHA, 
including unmarketable units, and explaining the reasons for the 
vacancies. Units may be grouped together when explaining the reasons 
for the vacancies;
    (2) A description of the turnover rate of units for the past two 
years, including the number of units vacated and reoccupied per 
development per year and the average number of days required to return 
a unit to occupancy. If the turnover rate is increasing, the plan 
should identify each cause of the increase.
    (3) Describing the actions to be taken by the PHA during the 
following five years to eliminate the vacancies. The PHA shall:
    (i) State project-specific actions that it is taking or intends to 
take that will eliminate vacancies, such as modernization, demolition, 
unit redesign or conversion, density reduction, disposition, 
modification of occupancy policies, site and security improvements, and 
other physical or management improvements; and
    (ii) For each project identified, set out a schedule for completing 
the actions identified in paragraph (b)(3)(i) of this section and 
removing the dwelling units from the PHA's inventory of vacant units. 
If the timing of any action is dependent upon a HUD approval or 
decisionmaking process, the schedule for the PHA action may be 
presented in terms of a specified time period following completion of 
the HUD process. For each action, the schedule shall include the number 
of vacancies that will be eliminated by the end of each 12-month period 
after the PHA begins to receive assistance under this subpart.
    (iii) For units vacated during the last two years, when the PHA has 
been unable to return these units to occupancy within 30 days from the 
date the units become vacant, the plan shall describe actions planned 
to achieve at least a 30-day turnover rate.
    (4) Identifying any impediments that will prevent elimination of 
the vacancies within the five-year period;
    (5) Identifying any vacant units funded for modernization, major 
reconstruction, demolition, or disposition activities;
    (6) Identifying any vacant dwelling units that are eligible for 
modernization, major reconstruction, demolition, or disposition, but 
have not been funded or approved for these activities and are not 
likely to be funded or approved for at least three years. The statement 
shall include an estimate of the amount of assistance necessary to 
complete the modernization, major reconstruction, demolition, or 
disposition of these units;
    (7) Identifying any vacant units not identified under paragraphs 
(b)(5) and (b)(6) of this section. The statement shall include a 
description of any appropriate activities relating to elimination of 
the vacancies in these units and an estimate of the amount of 
assistance necessary to carry out the activities identified under this 
paragraph;
    (8) Setting forth an agenda for implementation of management 
improvements during the first fiscal year beginning after submission of 
the plan. If the timing of any improvement is dependent upon a HUD 
approval or decisionmaking process, the schedule for the improvement 
may be presented in terms of a specified time period following 
completion of the HUD process. The agenda should include any management 
improvements recommended by the assessment team pursuant to 
Sec. 968.410 and an estimate of the amount of assistance necessary to 
implement the management improvements; and
    (9) Of any other information that the Secretary shall deem 
appropriate, as provided in the applicable NOFA. Such information may 
include budget documents, in the case of any PHA that is applying for 
funds under a NOFA.
    (c) Housing standards. To the extent that a plan involves 
modernization, reconstruction, or rehabilitation activities that have 
not been funded or approved previously and are not planned to be 
undertaken using Comprehensive Grant Program funds, the plan must 
reflect cost estimates that, at a minimum, are based on:
    (1) For individual work items funded under the program, compliance 
with modernization standards, as set forth in HUD Handbook 7485.2, as 
revised; and
    (2) For each vacant unit on which funds are expended, compliance of 
the unit with the Housing Quality Standards, as set forth in 24 CFR 
882.109 and as amended by the regulations concerning lead-based paint 
in public housing in 24 CFR part 35.

[FR Doc. 94-14282 Filed 6-10-94; 8:45 am]
BILLING CODE 4210-33-P