[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Notices]
[Pages 12036-12093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5184]
[[Page 12035]]
_______________________________________________________________________
Part II
Department of Housing and Urban Development
_______________________________________________________________________
Office of the Assistant Secretary for Public and Indian Housing
_______________________________________________________________________
NOFA for the Rental Voucher Program and Rental Certificate Program;
Notice
Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 /
Notices
[[Page 12036]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. N-95-3874; FR-3849-N-01]
NOFA for the Rental Voucher Program and Rental Certificate
Program
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of fund availability (NOFA) for FY 95 and procedures for
allocating funds and approving housing agency (HA) applications.
-----------------------------------------------------------------------
SUMMARY: The purpose of the rental voucher and the rental certificate
programs is to assist eligible families to pay the rent for decent,
safe, and sanitary housing. This notice states the FY 95 fund
allocations available for award for all subprograms of the rental
voucher and rental certificate programs. The Department has decided in
the interest of convenience and timeliness to publish all information
on each subprogram of the Section 8 rental voucher and certificate
programs in one NOFA for FY 95. Please review the table of contents in
this NOFA and then refer to the separate sections of this NOFA for
specific information on each subprogram. For ease of reference, the
term ``HUD Office'' will be used throughout this NOFA to mean the HUD
State Office, HUD Area Office and the HUD Native American Programs
Office. If a particular type of HUD Office needs to be identified,
e.g., the HUD Native American Programs Office, the appropriate office
name will be used.
This notice also:
(1) Invites Public Housing Agencies (PHAs) and Indian Housing
Authorities (IHAs), herein referred to as housing agencies (HAs), to
submit applications for housing assistance funds;
(2) Provides instructions to HAs governing the submission of
applications; and
(3) Describes procedures for rating, ranking, and approving HA
applications.
DATES: Refer to Section I.(B) of this NOFA for a summary of the
deadline dates for applications for all subprogram applications.
ADDRESSES: See section I.(B) of this NOFA.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Branch, Rental Assistance Division, Office of Public and Indian
Housing, Room 4220, Department of Housing and Urban Development, 451
Seventh Street, S.W., Washington, D.C. 20410-8000, telephone (202) 708-
0477. Hearing- or speech-impaired individuals may call HUD's TDD number
(202) 708-4594. (These telephone numbers are not toll-free.) Copies of
this NOFA will be made available on tape or large print for those with
impaired vision that request them. Inquiries requesting clarification
of items in this NOFA or requesting application materials should be
directed to the Public Housing Director in the HUD Office serving the
HA's jurisdiction.
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
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and have been assigned OMB control number 2577-0169.
Table of Contents
I. NOFA General
(A) Authority
(B) Subprogram Funding and Summary of Application Deadline Dates
(C) Family Self-Sufficiency (FSS) Program Requirement
(D) Application Submission Requirements--General
(E) Selection Criteria--General
(F) Local Government Comments
(G) Corrections to Deficient Applications--General
(H) HUD Corrections to Rating and Ranking FY 94 Applications
(I) Notification of Funds Awarded
II. Fair Share Allocations
(A) Fair Share Application Deadline Date
(B) Fair Share Allocation Amounts
(C) Fair Share Application Submission Requirements
(D) Fair Share Application Rating Process
(E) Corrections to Deficient Fair Share Applications
(F) Fair Share Application Selection Process
III. Family Unification/Foster Care Program
(A) Family Unification Application Deadline Date
(B) Purpose and Substantive Description of Family Unification
Program
(C) Family Unification Allocation Amounts
(D) Family Unification Application Submission Requirements
(E) Family Unification Application Rating Process
(F) Corrections to Deficient Family Unification Applications
(G) Family Unification Application Selection Process
IV. Family Self-Sufficiency (FSS) Service Coordinators
(A) FSS Service Coordinators Application Deadline Date
(B) Purpose and Substantive Description of Funding for FSS
Service Coordinators
(C) FSS Service Coordinators Allocation Amounts
(D) FSS Service Coordinators Application Submission Requirements
(E) Corrections to Deficient FSS Service Coordinators
Applications
(F) Application Selection Process for FSS Service Coordinators
V. Section 8 Counseling
(A) Application Deadline Date for Section 8 Counseling
(B) Purpose and Substantive Description of Section 8 Counseling
(C) Allocation Amounts for Section 8 Counseling
(D) Application Submission Requirements for Section 8 Counseling
(E) Corrections to Deficient Applications for Section 8
Counseling
(F) Application Selection Process for Section 8 Counseling
VI. NOFA for Mainstream Housing Opportunities for Persons With
Disabilities (Mainstream Program)
(A) Mainstream program Application Deadline Date
(B) Purpose and Substantive Description or Mainstream Program
(C) Mainstream Program Allocation Amounts
(D) Application Submission Requirements for Mainstream Program
in Conjunction With Submission of Designated Housing Allocation
Plans
(E) Application Submission Requirements for General Mainstream
Program for Persons With Disabilities
(F) Corrections to Deficient Applications
(G) Mainstream Program Application Selection Process
VII. Subprogram for Persons With HIV/AIDS
(A) Application Deadline Date for Persons With HIV/AIDS
Subprogram
(B) Purpose and Substantive Description of Subprogram for
Persons With HIV/AIDS
(C) Allocation Amounts for Persons With HIV/AIDS
(D) Application Submission Requirements for Persons With HIV/
AIDS Subprogram
(E) Corrections to Deficient Applications for Persons With HIV/
AIDS Subprogram
(F) Application Selection Process for Persons With HIV/AIDS
Subprogram
VIII. Subprogram for Homeless Families
(A) Application Deadline Date for Homeless Families Subprogram
(B) Purpose and Substantive Description of Homeless Families
Subprogram
(C) Allocation Amounts for Homeless Families Subprogram
(D) Application Submission Requirements for Homeless Families
Subprogram
(E) Corrections to Deficient Applications for Homeless Families
Subprogram
(F) Application Selection Process for Homeless Families
Subprogram
IX. Other Allocations
(A) Relocation, Demolition and Disposition (HOPE I, II, Section
5(h), Section 18. HOPE VI and ``OPT-OUTS''
(B) Rental Voucher and Rental Certificate Renewals
(C) Section 23 Conversions
(D) Section 8 Amendments
(E) Housing Agency Portability Fees
(F) Headquarters Reserve
(G) Property Disposition
(H) FY 94 NOFA for Homeless Person With Disabilities
[[Page 12037]]
(I) FY 94 NOFA for Homeless Veterans With Severe Psychiatric or
Substance Abuse Disorders
(J) FY 94 NOFA for Family Unification
(K) FY 94 NOFA for FSS Service Coordinators
X. Other Matters
(A) Environmental Impact
(B) Federalism Impact
(C) Impact on the Family
(D) Section 102 of the HUD Reform Act: Documentation and Public
Access Requirements
(E) Section 103 of the HUD Reform Act
(F) Prohibition Against Lobbying Activities
(G) Section 112 of the HUD Reform Act
I. NOFA General
(A) Authority
The regulations governing the rental certificate and the rental
voucher programs are published at 24 CFR parts 882 and 887,
respectively, and 24 CFR Part 982. The regulations for allocating
housing assistance budget authority under section 213(d) of the Housing
and Community Development Act of 1974 are published at 24 CFR part 791,
subpart D.
(B) Subprogram Funding and Summary of Application Deadline Dates
The application deadline for each subprogram under this NOFA is
3:00 p.m., local time. The local HUD Office is the official place of
receipt for all applications on the date shown below except for
applications for Section 8 Counseling (see Section V. of this NOFA).
The local HUD Native American Programs Office is the place of official
receipt for IHA applications except for applications for Section 8
Counseling (see Section V. of this NOFA). An IHA also must submit, at
the same time, a copy of its application to the local HUD State or Area
Office that has jurisdiction over the portion of the State in which the
IHA is located. Local HUD Offices are responsible for notifying their
HAs of the exact address and room number where applications are to be
submitted.
------------------------------------------------------------------------
Number of
Subprogram area units Deadline dates
(approximate)
------------------------------------------------------------------------
Fair Share Allocations................ 35,000 May 2, 1995.
Mainstream Housing.................... 2,500 June 1, 1995.
Homeless Families (Non-competitive 12,000 Do.
Process).
Persons with AIDS (Non-competitive 3,000 Do.
Process).
Section 8 Counseling.................. N/A May 2, 1995.
FSS Service Coordinators.............. N/A May 17, 1995.
Family Unification.................... 2,000 Do.
------------------------------------------------------------------------
The above-stated application deadlines are firm as to date and
hour. In the interest of fairness to all competing HAs, HUD will treat
as ineligible for consideration any application that is not received
before the application deadline. Applicants should take this practice
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. HUD will not accept, at any time
during the NOFA competition, application materials sent via facsimile
(FAX) transmission.
Other allocations of Section 8 funds, including the FY 94 funding
and those allocations without specific application deadlines, are
listed in Section IX. of the NOFA.
(C) Family Self-Sufficiency (FSS) Program Requirement
Unless specifically exempted by HUD, all rental voucher or rental
certificate funding reserved in FY 95 (except funding for renewals or
amendments) will be used to establish the minimum size of an HA's FSS
program.
(D) Application Submission Requirements--General
(1) General
The provisions of this section I apply to all subprograms covered
by this NOFA. Applications must meet the requirements of this section I
as well as the requirements for each subprogram as shown in the
pertinent section of this NOFA for the subprogram. Refer to the
subprogram section for the specific application submission
requirements.
Except as provided for Indian Housing Authorities or unless
otherwise specified for a subprogram, only an original application and
one copy should be submitted. It is not necessary to submit additional
copies of the application.
(2) Application Procedures for HUD-Designated Housing Agencies with
Major Program Findings
HUD will establish a pass or fail threshold for all HAs and those
HAs that fail the threshold will not be eligible to apply without a
contract administrator. Some housing agencies currently administering
the Section 8 rental voucher and certificate programs have, at the time
of publication of this NOFA, major program management findings that are
open and unresolved or other significant program compliance problems
(e.g., HA has not implemented mandatory FSS program). HUD will not
accept applications for additional funding from these HAs as contract
administrators if, on the application deadline date, the findings are
not closed to HUD's satisfaction. If these HAs want to apply for any of
the subprograms listed in this NOFA, the HA must submit an application
that designates another housing agency, non-profit agency, or
contractor, that is acceptable to HUD and includes an agreement with
the other housing agency or contractor to administer the new funding
increment on behalf of the HA. The Office of Public Housing in the
local HUD Office will notify, immediately after the publication of this
NOFA, those HAs that are not eligible to apply. Applications submitted
by these HAs without an agreement from another housing agency or
contractor, approved by HUD, to serve as contract administrator will be
rejected. Other agencies may be notified by HUD at other times as HUD
deems appropriate.
(3) Forms
Application forms may be obtained from the local HUD Office.
Applications for all of the subprograms must include, unless otherwise
specifically excepted:
(a) Form HUD-52515.
An Application for Existing Housing, Form HUD-52515, must be
completed in accordance with the rental voucher and certificate program
regulations. An application for rental vouchers or certificates must
include the information in Section H, Average Monthly Tenant Payment,
of Form HUD-52515 in order for HUD to calculate the amount of Section 8
budget authority necessary to fund the requested number of units. HAs
may obtain a copy of Form HUD-52515 from the local HUD Office. (Not
applicable to subprograms for Family Self-Sufficiency Coordinators or
Section 8 Counseling.)
(b) Certification Regarding Drug-Free Workplace.
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 CFR part 24, subpart F. HAs may obtain a copy of this form from
the local HUD Office. [[Page 12038]]
(c) 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) (the
``Byrd Amendment'') generally prohibits recipients of Federal
contracts, grants and loans from using appropriated funds for lobbying
the Executive or Legislative Branches of the Federal Governments in
connection with a 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 announcement for more than
$100,000 of budget authority must submit a certification and, if
applicable, a Disclosure of Lobbying Activities (SF-LLL). 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. HAs may obtain a copy of the certification and
the Form SF-LLL from the local HUD Office.
(d) Application Requirements for Subprograms.
HAs must also comply with the additional application requirements
for each subprogram identified in the section of the NOFA for the
specific subprogram.
(e) HA Eligibility.
All HAs that meet the eligibility requirements for the various
subprograms, other than those HAs notified under the provisions of
paragraph I.(D)(2) of this NOFA and those with certain civil rights or
program violations or deficiencies as specified in section I.(G)(2),
are eligible to apply for funding.
(E) Selection Criteria--General
Each subprogram section of this NOFA has specific selection
criteria to evaluate the applications submitted. Refer to the specific
subprogram section in this NOFA for the selection criteria.
(F) 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 general local government. The HUD 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. The Section 213 requirements do
not apply to applications for the FSS Service Coordinators and Section
8 Counseling subprograms.
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 unit of general local
government.
(G) Corrections to Deficient Applications--General
(1) Acceptable Applications--General
To be eligible for processing, an application must be received by
the appropriate HUD Office no later than the date and time specified in
Section I.(B) of this NOFA. The HUD 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 the HUD notification
letter to submit the missing or corrected information to the HUD
Office. Curable technical deficiencies relate only to items that do not
improve the substantive quality of the application relative to the
rating factors. The 14 calendar day technical correction period does
not apply to NOFAs for Section 8 Counseling, Mainstream Housing
Opportunities, Persons with HIV/AIDS and Homeless Families.
All HAs must submit corrections within 14 calendar days from the
date of the HUD letter notifying the applicant of any such deficiency.
Information received after 3 p.m. local time (i.e., the time in the
appropriate HUD Office), of the fourteenth calendar day of the
correction period will not be accepted and the application will be
rejected as incomplete.
(2) Unacceptable Applications--General
(a) After the 14-calendar day technical deficiency correction
period, the HUD Office will disapprove HA applications that it
determines are not acceptable for processing. The HUD Office
notification of rejection letter must state the basis for the decision.
(b) Applications that fall into any of the following categories
will not be processed:
(i) There is a pending civil rights suit against the HA instituted
by the Department of Justice or there is a pending administrative
action for civil rights violations instituted by HUD (including a
charge of discrimination under the Fair Housing Act).
(ii) 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 a court order, or implementing a
HUD approved resident selection and assignment plan or compliance
agreement designed to correct the areas of noncompliance.
(iii) 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.
(iv) HUD has denied 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).
(v) The HA has serious unaddressed, outstanding Inspector General
audit findings, Fair Housing and Equal Opportunity monitoring review
findings, or HUD Office management review findings for one or more of
its Rental Voucher, Rental Certificate, or Moderate Rehabilitation
Programs, or, in the case of an HA that is not currently administering
a Rental Voucher, Rental Certificate, or Moderate Rehabilitation
Program, for its Public Housing Program or Indian Housing Program. The
only exception to this category is if the HA has been identified under
the policy established in section I.(D)(2) of this NOFA and the HA
makes application with a designated contract administrator.
(vi) 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.
(vii) An HA application that does not comply with the requirements
of 24 CFR 882.204(a) or 887.55(b) and this notice,
[[Page 12039]] including the drug-free workplace certification and the
anti-lobbying certification/disclosure requirements, after the
expiration of the 14-calendar day technical deficiency correction
period will be rejected from processing.
(viii) An HA application submitted after the deadline date for the
subprogram of rental vouchers or certificates will be rejected from
processing.
(ix) An HA must have achieved 90 percent lease-up of units in its
HUD-approved budget for the HA fiscal year prior to application for
funding in each of its rental voucher and certificate programs.
Applications from HAs that have failed to achieve the 90 percent lease-
up will be rejected from processing.
(H) HUD Corrections to Rating and Ranking FY 94 Applications
HUD is aware that a few HA applications submitted under the FY 94
NOFAs were not funded due to HUD field staff incorrectly rating and
ranking some HAs' applications. Although the number of errors were
limited, HUD believes that the errors must be corrected; therefore, HUD
Offices that failed to fund certain HA applications for FY 1994 funding
due to these errors by the HUD Office may correct those errors as
follows:
(1) The HUD Office will reconstruct the FY 94 ranking process to
include the application(s) missing from the original ranking process
due to the error; and
(2) The HUD Office will determine the number of units and Section 8
budget authority that would have been awarded to the application(s)
subject to the FY 94 funds available at the time and the funding
selection process utilized in the FY 94 competition.
The HUD Office will correct the error by funding the FY 94
applications from the FY 95 fair share allocation for the same
allocation area prior to the FY 95 competition. The funds for the
allocation area remaining after correcting the FY 94 ranking error will
be available for the FY 95 competition. The correction of the FY 94
error for an HA will not affect the HA's ability to compete for the
remaining FY 95 funds and the FY 95 application will be considered as
though no error had been made.
(I) Notification of Funds Awarded
(1) After the HUD Offices have reviewed, rated, and ranked
applications, and the HUD Offices have approved the applications, each
HUD Office must submit to Headquarters a list of all approved
applications for each subprogram in this NOFA. The application approval
list is due in Headquarters (ATTENTION: Rental Assistance Division,
Office of Public and Indian Housing) on the tenth working day following
the date set by Headquarters for completion of application ranking and
selections.
(2) The HUD Offices must provide the following information for each
application approved:
(a) The name and address of the HA;
(b) The project number, and the number of rental vouchers and the
number of rental certificates, as applicable, approved for the HA; and
(c) The amount of contract authority and budget authority, stated
separately for rental vouchers and rental certificates.
The Field Offices of Native American Programs (FONAPs) also must
send to Headquarters Office of Native American Programs a list of all
approved IHA applications for each subprogram in this NOFA.
II. Fair Share Allocations
(A) Fair Share Application Deadline Date
The deadline date for applications for the Fair Share allocation is
listed in Section I.(B) of the NOFA.
(B) Fair Share Allocation Amounts
(1) Housing Needs Formula
In FY 95, approximately $1.2 billion of budget authority for the
rental voucher and certificate programs is available for fair share
formula allocation. Of this amount, approximately $600 million is for
rental vouchers and approximately $600 million is for rental
certificates. This budget authority is being allocated to each HUD
Office under this NOFA, using the housing needs factors established in
accordance with 24 CFR 791.402. In addition, approximately $151 million
is retained in a Headquarters Reserve that will not be allocated by
formula.
(2) Metropolitan/Non-Metropolitan Mix
Separate housing needs factors were developed for the metropolitan
and non-metropolitan allocation areas within each HUD Office
jurisdiction. On a nationwide basis, approximately 90 percent of the FY
1995 ``fair share'' budget authority for the Rental Voucher Program and
Rental Certificate Program is designated for allocation to metropolitan
areas. The metropolitan housing needs factors were applied to the
housing assistance budget authority available for metropolitan areas
and the non-metropolitan housing needs factors were applied to the
housing assistance budget authority available for non-metropolitan
areas.
The allocation areas were established by the HUD State and Area
Offices to ensure sufficient competition among HAs (including State and
regional or multi-county HAs) operating housing programs within the
HUD-established allocation areas.
(3) Program Type
This notice announces the fair share allocation of housing
assistance budget authority (See Attachment 1) for the Rental Voucher
Program and for the Rental Certificate Program to each allocation area,
based on the housing needs factors. The allocation of housing
assistance budget authority to each allocation area, however, is the
total for both programs. The allocations have been structured to give
HUD Offices flexibility in approving HA applications for funding of
rental vouchers or rental certificates. This Notice also provides an
estimate of the total number of rental vouchers and rental certificates
that could be funded from the housing assistance available in the
allocation area based on the national average cost of rental assistance
for a two-bedroom unit. The actual number of units assisted within each
HUD Office will vary from the estimates prepared by Headquarters for
each HUD Office since the actual costs of rental assistance for each HA
vary from the average.
(4) Reimbursement for Portability Units
The Department has decided that it is appropriate to use up to 50
percent of the fair share allocation for each allocation area as
reimbursement to HAs for the costs associated with families that have
moved under the portability procedures of the programs. Each HA must
designate, in an attachment to Form HUD-52515, the number of units that
it is requesting as reimbursement for portability billings or
absorptions. A receiving HA that currently bills an initial HA for the
cost of rental assistance for a family and receives funding under this
NOFA for reimbursement of the rental assistance must discontinue
billing the initial HA upon execution of the amendment to the annual
contributions contract (ACC). The initial HA will then be able to
reissue the rental assistance to another family on the initial HA's
waiting list.
Attachment 2 to this NOFA provides a suggested format for the
receiving HA to list the number of units and to certify to the number
of families assisted under the portability provisions. In order to be
eligible for reimbursement for portability, the HA must have billed,
during the most recent month prior to [[Page 12040]] the HA application
to HUD for reimbursement, another HA for the cost of the families'
rental assistance, including administrative fees, or have absorbed the
families into its own program at any time during the last HA fiscal
year. A receiving HA may apply for the number of rental vouchers or
certificates for which the HA billed another HA during the most recent
month prior to application or the number of rental vouchers or
certificates for families absorbed at any time during the HA fiscal
year.
HUD will, for each allocation area, fund HAs with the highest ratio
of rental vouchers or certificates billed and families absorbed in the
HA's total rental voucher and certificate program. HUD will divide the
total number of rental vouchers and certificates billed and families
absorbed by the total number of rental vouchers and certificates on the
most recent HUD-approved budget in an HA's program. The resulting
percentage (rounded to four decimal places) will be used to rank HAs
for funding. Receiving HAs will be ranked in descending order based on
the percentage of portable rental vouchers and certificates. When funds
are not available to fund the last ranked HAs with the same percentage,
the HUD Office will distribute the balance of the funds evenly to the
HAs with the same percentage.
(5) Potential Additional Funding
If additional rental voucher or rental certificate funding becomes
available for fair share use during FY 95, the Department plans to
distribute any additional funding to HUD Offices using the same
percentage distribution as reflected in Attachment 1 to this NOFA. Any
additional funding will be used under the competitive requirements of
this NOFA to fund HA applications which were approvable but not funded,
or approved and funded at less than 100 percent of the requested
amount.
(C) Fair Share Application Submission Requirements
(1) All the items in Section I.(D), Application Submission
Requirements--General, of this NOFA must be included in the application
submitted to the HUD Office.
(2) The application should include a narrative description of how
the application meets, or will meet, the application selection
criteria. Failure to submit a narrative description is not cause for
application rejection; however, the HUD Office can only rate and rank
the application based on information the HUD Office has on-hand.
(3) Attachment 1 to this notice lists the HUD Offices and an
estimate of the number of rental vouchers and certificates and budget
authority available for each allocation area within the HUD State or
Area Office jurisdiction. HAs should limit their applications for the
``fair share'' program to a reasonable number of rental vouchers and
rental certificates, based on the capacity of the HA to lease-up within
12 months of ACC execution. The number of rental vouchers or
certificates on the HA application, excluding those designated as
portability reimbursements, may not exceed the lesser of: (a) ten
percent (10%) of the total rental vouchers and rental certificates on
the most recent HUD-approved budget for the HA; or (b) 50 percent of
the number of units available for the allocation area.
(4) Each HA that intends to apply for rental vouchers or
certificates as reimbursement for families that exercised their rights
to portability must attach the portability certification (See
Attachment 2 to this NOFA) to its fair share application (Form HUD-
52515). Otherwise, the HA application will be considered only for fair
share funding. HAs must provide the following portability information
to be considered for this special funding:
(i) List the number of units by bedroom size for all rental
vouchers and certificates for which the receiving HA billed another HA
and for all families that an HA absorbed into its program.
(ii) List the number of rental vouchers and certificates by bedroom
size that the HA is requesting under the fair share funding.
(iii) Provide the certification as to the number of rental vouchers
or certificates for which the receiving HA is billing under portability
or the number of families it has absorbed.
(5) HAs may submit only one application (Form HUD-52515) for an
allocation area and must submit a separate application for each
allocation area. The total number of rental vouchers or certificates
for which an HA applies may not exceed the lesser of ten percent of its
program size or 50 percent of the rental vouchers and certificates
available for the allocation area.
(6) The HUD Office will reduce the number of rental vouchers and
certificates requested in any application that exceeds the established
application limit to the lesser of ten percent of the total rental
vouchers and rental certificates on the latest HUD-approved budget or
50 percent of the units available for the allocation area.
(D) Fair Share Application Rating Process
The HUD Office must use the Selection Criteria shown below for the
rating of applications submitted in response to this NOFA. The maximum
score under the selection criteria for fair share funding is 120.
(1) Selection Criterion 1: Unmet Housing Needs (50 points)
(a) Description: This criterion assesses the unmet housing need in
the primary area specified in the HA's application compared to the
unmet housing need for the allocation area. Unmet housing need is
defined as the number of very low-income renter households with housing
problems based on 1990 Census, minus the number of Federally-assisted
housing units provided since the 1990 Census.
In awarding points under this criterion, HUD will, to the extent
practicable, consider all units provided since the 1990 Census under
the Section 8 Rental Voucher and Certificate programs, any other
Section 8 programs, the Public and Indian Housing programs, the Section
202 program, and the Farmers Home Administrations's Section 515 Rural
Rental Housing program.
(b) Rating and Assessment: The number of points assigned is based
on the percentage of the allocation area's unmet housing need that is
within the HA's primary area. State or Regional Housing Agencies will
receive points based on the areas they intend to serve with this
allocation, e.g., the entire allocation area or the localities within
the allocation area specified in the application. The HUD Office will
assign one of the following point totals:
50 points. If the HA's percentage of unmet housing need is
greater than 50 percent of the allocation area's unmet need.
45 points. If the HA's percentage of unmet housing need is
equal to or less than 50 percent but greater than 40 percent of the
allocation area's unmet need.
40 points. If the HA's percentage of unmet housing need is
equal to or less than 40 percent but greater than 30 percent of the
allocation area's unmet need.
35 points. If the HA's percentage of unmet housing need is
equal to or less than 30 percent but greater than 20 percent of the
allocation area's unmet need.
30 points. If the HA's percentage of unmet housing need is
equal to or less than 20 percent but greater than 10 percent of the
allocation area's unmet need. [[Page 12041]]
25 points. If the HA's percentage of unmet housing need is
equal to or less than 10 percent but greater than 5 of the allocation
area's unmet need.
20 points. If the HA's percentage of unmet housing is
equal to or less than 5 percent (but greater than zero) of the
allocation area's unmet need.
0 points. If the HA has no unmet housing need (zero
percent). The HUD Office will not consider for funding any HA
application receiving zero (0) points.
In accordance with Notice PIH 91-45, the HUD Office will notify the
Farmers Home Administration (FmHA) of applications it receives and ask
that FmHA provide advisory comments concerning the market for
additional assisted housing or the possible impact the proposed units
may have on FmHA projects. Applications for which FmHA has provided
comments expressing concerns about market need or the continued
stability of existing FmHA projects, with which HUD agrees, will
receive zero points for this criterion.
(2) Selection Criterion 2: Efforts of HA to Provide Area-Wide Housing
Opportunities for Families (60 points)
(a) Description: Many HAs have undertaken voluntary efforts to
provide area-wide housing opportunities for families. The efforts
described in response to this selection criterion must be beyond those
required by federal law or regulation such as the portability
provisions of the Section 8 rental voucher and certificate programs.
HAs in metropolitan and non-metropolitan areas are eligible for points
under this criterion. The HUD Office will assign points to HAs that
have established cooperative agreements with other HAs or created a
consortium of HAs in order to facilitate the transfer of families and
their rental assistance between HA jurisdictions. In addition, the HUD
Office will assign points to HAs that have established relationships
with non-profit groups to provide families with additional counseling,
or have directly provided counseling, to increase the likelihood of a
successful move by the families to areas that do not have large
concentrations of poverty.
(b) Rating and Assessment: The HUD Office will assign point values
for any of the following assessments for which the HA qualifies and add
the points for all the assessments (maximum of 60 points) to determine
the total points for this Selection Criterion:
10 points--Assign 10 points if the HA documents that it
participates in an area-wide rental voucher and certificate exchange
program where all HAs absorb portable Section 8 families.
10 Points--Assign 10 points if the HA certifies that its
administrative plan does not include a ``residency preference'' for
selection of families to participate in its rental voucher and
certificate programs or the HA certifies that it will eliminate
immediately any ``residency preference'' currently in its
administrative plan.
10 Points--Assign 10 points if the HA documents that it
has established a contractual relationship with a non-profit agency or
the local governmental entity to provide housing counseling for
families that want to move to low-poverty or non-minority areas. The
five HAs approved for the FY 93 Moving to Opportunity (MTO) for Fair
Housing Demonstration and any other HAs that receive counseling funds
from HUD in settlement of litigation involving desegregation may
qualify for points under this assessment, but these HAs must identify
all activities undertaken, other than those funded and required under
the MTO Demonstration or the court-ordered plans, to expand housing
opportunities.
10 Points--Assign 10 points if the HA documents that it
requested from HUD, and HUD approved, the authority to utilize
exceptions to the fair market rent limitations as allowed under 24 CFR
882.106(a)(4) to allow families to select units in low-poverty or non-
minority areas.
10 Points--Assign 10 points if the HA documents that it
participates with other HAs in using a metropolitan wide or combined
waiting list for selecting participants in the program.
10 Points--Assign 10 points if the HA documents that it
has implemented other initiatives that have resulted in expanding
housing opportunities in areas that do not have undue concentrations of
poverty or minority families.
(3) Selection Criterion 3: Local Initiatives (10 points)
(a) Description: The application must describe the extent to which
the HA demonstrates locally initiated efforts in support of its Rental
Voucher and Rental Certificate Program or comparable tenant-based
rental assistance programs. Evaluation of a locality's contribution is
measured competitively by the extent to which a locality is able to
provide services or cash contributions or demonstrate its intention to
provide this kind of support in the future, as compared to services or
contributions provided by other localities of like program size.
(b) Rating and Assessment: The HUD Office will assign one of two
point-values, as follows:
10 points: The State or locality provides significant
local support (e.g., financial, manpower for inspection services) to
its Rental Voucher or Rental Certificate Program.
0 points: The State or locality does not provide support
to the HA's Rental Voucher or Rental Certificate Program.
(E) Corrections to Deficient Fair Share Applications
(1) Acceptable Applications
See Section I.(G)(1) of this NOFA.
(2) Unacceptable Applications
See Section I.(G)(2) of this NOFA.
(F) Fair Share Application Selection Process
(1) Maximum Funding Allowed
Excluding rental vouchers or certificates for portability
reimbursements, the HUD Office may approve maximum funding for an HA
under this NOFA that does not exceed the lesser of 10 percent of the HA
rental vouchers and rental certificates on the latest HUD-approved
budget or 50 percent of the number of rental vouchers and certificates
available in the allocation area, whichever is less.
(2) Funding Procedure
The HUD Office must develop a procedure for approving applications
(including applications rated by the Native American Programs Office)
in rank order until all the housing assistance budget authority is
used. The HUD Office may elect to approve applications for 100 percent
of the rental vouchers or certificates requested, or the maximum number
allowed for each HA under this NOFA (not to exceed the lesser of ten
percent of the HA's program size or 50 percent of rental vouchers and
certificates available for the allocation area), in all applications
that score above a HUD Office-determined funding cut-off. The HUD
Office may elect to approve all applications using a lower percentage,
but may not approve applications at less than 80 percent of the rental
vouchers and certificates requested in all applications that score
above the HUD Office-determined funding cut-off.
The HUD Office may elect to divide applications into two categories
and to approve a different percentage of requested rental vouchers and
certificates for applications in each of the two ranking categories,
but not less than 80 percent of the rental vouchers and certificates
requested in all applications. The higher percentage of rental vouchers
and certificates requested would be approved for all
[[Page 12042]] applications in the higher category and a lower
percentage of rental vouchers and certificates requested would be
approved for all applications in the lower category. The HUD Office
must approve the same percentage (at least 80 percent) of each
application within each of the two ranking categories.
Where a HUD Office funds applications at 100 percent or 80 percent
of the rental vouchers and certificates requested according to rank
order, only to find it has some number of rental vouchers or
certificates left but not enough to fund the next fundable application,
the next rated application, or applications receiving the same score,
can be funded to the extent of the number of rental vouchers or
certificates available provided that each application receives the same
percentage even though it is less than 80 percent.
If an HA applies for a specific program (i.e., rental vouchers or
rental certificates) and funding for the specified program is not
available in the metropolitan allocation area or non-metropolitan
allocation area, the HUD Office will award the available form of
assistance, even though not specifically requested by the applicant.
The HUD State or Area Office must promptly notify the applicable
Native American Programs Office for each allocation area as to the
status of any applications from IHAs and, if applicable, the amount of
budget authority to be made available for IHA applications that were
rated high enough to receive funding. The HUD State or Area Office must
promptly notify Headquarters (Attention: Budget Division, Office of
Public and Indian Housing) of any IHA to be awarded funding so that the
funds may be re-assigned to the appropriate Native American Programs
Office.
(3) Reallocations of Funds
Each HUD Office must make every reasonable effort to use all
available funds. It may be necessary, however, to reallocate funds from
one HUD Office to another when the funds are not likely to be used in
the HUD Office to which they were initially assigned. In such cases,
the following procedures shall be followed:
(a) Reallocations within the Same State. If the allocation of funds
to a HUD Office cannot be awarded within the office jurisdiction during
Fiscal Year 1995, funds will be reallocated to another HUD Office
within the same State where they can be used during Fiscal Year 1995.
(b) Reallocations Between States. If a HUD Office cannot use funds
within the same State, those funds will be re-allocated to another HUD
Office for use in a State where they can be used during Fiscal Year
1995.
(c) Reallocations Between Metropolitan and Non-metropolitan Areas.
The HUD Office must follow the original fund assignments for
metropolitan and non-metropolitan areas. If there are not enough
approvable applications for the designated metropolitan or non-
metropolitan budget authority, the HUD Office may switch the budget
authority between a metropolitan and non-metropolitan area within the
same State, provided that an offsetting switch can be made in another
State within the HUD Office. If an offsetting switch cannot be made and
the metropolitan or non-metropolitan amounts require changes to the
fund assignments, the approval of the Budget Division, Office of
Management and Policy, Office of Public and Indian Housing, must be
obtained before switching budget authority between a metropolitan and a
non-metropolitan area.
(d) Requests for Reallocations. A request for approval of a
reallocation between States or between metropolitan and non-
metropolitan areas must explain the reasons that funds cannot be used
in the original State, or metropolitan and non-metropolitan area, the
amount being withdrawn, the program type, and the metropolitan/non-
metropolitan mix, and the amount to be reallocated. These requests must
be submitted to Headquarters (ATTENTION: Budget Division, Office of
Management and Policy, Office of Public and Indian Housing) for
approval.
III. Family Unification/Foster Care Program
(A) Family Unification Application Deadline Date
The Deadline date for the Family Unification Program application is
listed in Section I.(B) of the NOFA.
(B) Purpose and Substantive Description of Family Unification Program
(1) Authority
Section 8(x) of the U.S. Housing Act of 1937, 42 U.S.C. 1437f(x).
The regulations governing the section 8 rental certificate program are
codified at 24 CFR parts 882 and 982. This NOFA announces the
availability of Family Unification funding under the VA, HUD-
Independent Agencies Appropriations Act of 1995 (Pub.L. 103-327,
approved September 28, 1994).
(2) Background
The Family Unification Program is a program under which Section 8
rental assistance is provided to families for whom the lack of adequate
housing is a primary factor which would result in:
(a) The imminent placement of the family's child, or children, in
out-of-home care, or
(b) The delay in the discharge of the child, or children, to the
family from out-of-home care.
The purpose of the Family Unification Program is to promote family
unification by providing rental assistance to families for whom the
lack of adequate housing is a primary factor in the separation, or the
threat of imminent separation, of children from their families.
Rental certificates awarded under the Family Unification Program
are to be administered by HAs under HUD's regulations for the Section 8
rental certificate program (24 CFR parts 882 and subpart E of part
982). The HA may issue a rental voucher (24 CFR part 887 and subpart E
of part 982 ) to a family selected for participation in the Family
Unification Program if the family requests a rental voucher and the HA
has one available.
(3) Eligibility of HAs
HAs currently administering a rental voucher or certificate program
in the following sixteen states are eligible to apply except those HAs
determined unacceptable under section I.(D)(2) of this NOFA:
California, Florida, Georgia, Illinois, Maryland, Massachusetts,
Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina,
Ohio, Pennsylvania, Texas, and Virginia. Applications were limited to
HAs in eleven States by Congress under the VA, HUD-Independent Agencies
Appropriations Act of 1992, and the Senate Committee Report for the VA,
HUD-Independent Agencies Act of 1993 allowed HUD to expand the program
to five additional States. The selection of the five additional States
was based on the caseload of families with children in foster care
within the States. The information concerning families with children in
foster care was provided to HUD by the Administration for Children and
Families at the U.S. Department of Health and Human Services (HHS).
(4) Program Guidelines
(a) Definitions: For purposes of the Family Unification
Demonstration Program:
(i) Family Unification eligible family means a family that:
(A) The public child welfare agency has certified is a family for
whom the [[Page 12043]] lack of adequate housing is a primary factor in
the imminent placement of the family's child, or children, in out-of-
home care, or in the delay of discharge of a child, or children, to the
family from out-of-home care; and
(B) The HA has determined is eligible for Section 8 rental
assistance.
(ii) The lack of adequate housing means a situation in which a
family:
(A) Is living in substandard housing or homeless, as defined in 24
CFR 982.212 and 982.213, or
(B) Is, or will be, involuntarily displaced from a housing unit
because of actual or threatened violence against a family member under
the circumstances described in 24 CFR 982.211.
(iii) Public child welfare agency (PCWA) means the public agency
that is responsible under applicable State or Tribal law for
determining that a child is at imminent risk of placement in out-of-
home care or that a child in out-of-home care under the supervision of
the public agency may be returned to his or her family.
(b) HA Responsibilities.
HAs must:
(i) Accept families certified by the PCWA as eligible for the
Family Unification Program. If the HA has a closed waiting list, it
must reopen the waiting list to accept Family Unification applicant
families. The HA is not required to review its waiting list for
eligible families. The HA upon receipt of the PCWA list of families
currently in the PCWA caseload must compare the names with those of
families already on the HA's Section 8 waiting list. Any family on the
HA's Section 8 waiting list that matches with the PCWA's list must be
assisted in order of their position on the waiting list in accordance
with HA admission policies;
(ii) Determine if any applicants on its waiting list are living in
temporary shelters or on the street, and refer such applicants to the
PCWA;
(iii) Determine if families referred by the PCWA are eligible for
Section 8 assistance and place eligible families on the Section 8
waiting list;
(iv) Amend the administrative plan in accordance with applicable
program regulations and requirements;
(v) Administer the rental assistance in accordance with applicable
program regulations and requirements; and
(vi) Assure the quality of the evaluation that HUD intends to
conduct on the Family Unification Program, and cooperate with and
provide requested data to the HUD office or HUD-approved contractor
responsible for program evaluation.
(c) Public Child Welfare Agency (PCWA) Responsibilities. Public
child welfare agencies must:
(i) Establish and implement a system to identify Family Unification
eligible families within the agency's caseload and to review referrals
from the HA;
(ii) Provide written certification to the HA that a family
qualifies as a Family Unification eligible family;
(iii) Commit sufficient staff resources to ensure that Family
Unification eligible families are identified and certified in a timely
manner; and
(iv) Cooperate with the evaluation that HUD intends to conduct on
the Family Unification Program, and submit a certification with the
HA's application for Family Unification funding that the PCWA will
agree to cooperate with and provide requested data to the HUD office or
HUD-approved contractor having responsibility for program evaluation.
(d) Section 8 Rental Certificate Assistance.
The Family Unification Program provides assistance under the
Section 8 rental assistance programs. Although HUD is providing a
special allocation of rental certificates, the HA may use both rental
vouchers and certificates to assist families under this program.
HAs must administer this program in accordance with HUD's
regulations governing the Section 8 rental certificate and rental
voucher programs. The HA may issue a rental voucher to a family
selected to participate in the Family Unification Program if the family
requests a rental voucher and the HA has one available. If Section 8
assistance for a family under this program is terminated, the rental
assistance must be reissued to another Family Unification eligible
family during the five-year term of the ACC for the Section 8 rental
certificates provided under this program.
(C) Family Unification Allocation Amounts
This NOFA announces the availability of up to $76 million for the
Family Unification Program which will support assistance for about
2,000 families. Each HA may apply for funding for a maximum of 50
units.
The amounts allocated under this NOFA will be awarded under a
national competition based on demonstrated need for such assistance and
a lottery for selection from all approvable applications. The Family
Unification Program is exempt from the fair share allocation
requirements of section 213(d) of the Housing and Community Development
Act of 1974, and from 24 CFR part 791, subpart D, the HUD regulation
implementing section 213(d).
(D) Family Unification Application Submission Requirements
(1) Letter of Intent and Narrative
All the items in this Section and Section I.(D), Application
Submission Requirements--General, must be included in the application
submitted to the HUD Office. The application must include an
explanation of how the application meets, or will meet, Threshold
Criteria 1 through 4 in Section III.(E)(2) below.
The application must also include a letter of intent from the PCWA
stating its commitment to provide resources and support for the Family
Unification Program. The PCWA letter of intent must explain:
(i) The method used to identify eligible families,
(ii) The process to certify eligible families,
(iii) The PCWA assistance to families to locate suitable housing,
(iv) The staff resources committed to the program, and
(v) PCWA experience with the administration of similar programs
including cooperation with an HA.
The PCWA serving the jurisdiction of the HA is responsible for
providing the information for Threshold Criterion 4, PCWA Statement of
Need for Family Unification Program, to the HA for submission with the
HA application. The application must include a statement by the PCWA
describing the need for a Family Unification Program. This should
include a discussion of the case-load of the PCWA and information about
homelessness, family violence resulting in involuntary displacement,
number and characteristics of families who are experiencing the
placement of children in out-of-home care as a result of inadequate
housing, and the PCWA's experience in obtaining housing through HUD
assisted housing programs and other sources for families lacking
adequate housing. A State-wide Public Child Welfare Agency must provide
information on Threshold Criterion 4, PCWA Statement of Need for Family
Unification Program, to all HAs that request data; otherwise, HUD will
not consider applications from any HAs with the State-wide PCWA as a
participant in its program. The HA must state in its cover letter to
the application whether it will accept a reduction in the number of
rental certificates and the minimum number of rental certificates it
will accept since the funding is limited and HUD may only have enough
funds to approve a smaller amount than [[Page 12044]] the number of
rental certificates requested.
(2) Evaluation Certifications
The HA and the PCWA in separate certifications must state that the
HA and Public Child Welfare Agency agree to cooperate with HUD and
provide requested data to the HUD office or HUD-approved contractor
delegated the responsibility for the program evaluation. No specific
language for this certification is prescribed by HUD.
(E) Family Unification Application Rating Process
(1) General
The HUD Office is responsible for rating the applications, and HUD
Headquarters is responsible for selection of applications (including
applications rated by the Native American Programs Office) that will
receive assistance under the Family Unification Program. The HUD Office
will initially screen all applications and determine any technical
deficiencies based on the application submission requirements.
Each application submitted in response to the NOFA must receive, in
order to be eligible for funding, at least 30 points for Threshold
Criterion 1: Unmet Housing Needs; at least 10 points for Threshold
Criterion 2: Efforts of HA to Provide Area-Wide Housing Opportunities
for Families; and must meet the requirements for Threshold Criterion 3:
Coordination between HA and Public Child Welfare Agency, and Threshold
Criterion 4: Public Child Welfare Agency Statement of Need for Family
Unification Program.
(2) Threshold Criteria
(a) Selection Criterion 1: Unmet Housing Needs (50 points).
(i) Description: This criterion assesses the unmet housing need in
the primary area specified in the HA's application compared to the
unmet housing need for the allocation area. Unmet housing need is
defined as the number of very low-income renter households with housing
problems based on 1990 Census, minus the number of Federally-assisted
housing units provided since the 1990 Census.
In awarding points under this criterion, HUD will, to the extent
practicable, consider all units provided since the 1990 Census under
the Section 8 Rental Voucher and Certificate programs, any other
Section 8 programs, the Public and Indian Housing programs, the Section
202 program, and the Farmers Home Administration's Section 515 Rural
Rental Housing program.
(ii) Rating and Assessment: The number of points assigned is based
on the percentage of the allocation area's unmet housing need that is
within the HA's primary area. State or Regional Housing Agencies will
receive points based on the areas they intend to serve with this
allocation, e.g., the entire allocation area or the localities within
the allocation area specified in the application. The HUD Office will
assign one of the following point totals:
50 points. If the HA's percentage of unmet housing need is
greater than 50 percent of the allocation area's unmet need.
45 points. If the HA's percentage of unmet housing need is
equal to or less than 50 percent but greater than 40 percent of the
allocation area's unmet need.
40 points. If the HA's percentage of unmet housing need is
equal to or less than 40 percent but greater than 30 percent of the
allocation area's unmet need.
35 points. If the HA's percentage of unmet housing need is
equal to or less than 30 percent but greater than 20 percent of the
allocation area's unmet need.
30 points. If the HA's percentage of unmet housing need is
equal to or less than 20 percent but greater than 10 percent of the
allocation area's unmet need.
25 points. If the HA's percentage of unmet housing need is
equal to or less than 10 percent but greater than 5 of the allocation
area's unmet need.
20 points. If the HA's percentage of unmet housing is
equal to or less than 5 percent (but greater than zero) of the
allocation area's unmet need.
0 points. If the HA has no unmet housing need (zero
percent). The HUD Office will not consider for funding any HA
application receiving zero (0) points.
In accordance with Notice PIH 91-45, the HUD Office will notify the
Farmers Home Administration (FmHA) of applications it receives and ask
that FmHA provide advisory comments concerning the market for
additional assisted housing or the possible impact the proposed units
may have on FmHA projects. Applications for which FmHA has provided
comments expressing concerns about market need or the continued
stability of existing FmHA projects, with which HUD agrees, will
receive zero points for this criterion.
(b) Selection Criterion 2: Efforts of HA to Provide Area-Wide
Housing Opportunities for Families (60 points).
(i) Description: Many HAs have undertaken voluntary efforts to
provide area-wide housing opportunities for families. The efforts
described in response to this selection criterion must be beyond those
required by federal law or regulation such as the portability
provisions of the Section 8 rental voucher and certificate programs.
HAs in metropolitan and non-metropolitan areas are eligible for points
under this criterion. The HUD Office will assign points to HAs that
have established cooperative agreements with other HAs or created a
consortium of HAs in order to facilitate the transfer of families and
their rental assistance between HA jurisdictions. In addition, the HUD
Office will assign points to HAs that have established relationships
with non-profit groups to provide families with additional counseling,
or have directly provided counseling, to increase the likelihood of a
successful move by the families to areas that do not have large
concentrations of poverty.
(ii) Rating and Assessment: The HUD Office will assign point values
for any of the following assessments for which the HA qualifies and add
the points for all the assessments (maximum of 60 points) to determine
the total points for this Selection Criterion:
10 points--Assign 10 points if the HA documents that it
participates in an area-wide rental voucher and certificate exchange
program where all HAs absorb portable Section 8 families.
10 points--Assign 10 points if the HA certifies that its
administrative plan does not include a ``residency preference'' for
selection of families to participate in its rental voucher and
certificate programs or the HA certifies that it will eliminate
immediately any ``residency preference'' currently in its
administrative plan.
10 points--Assign 10 points if the HA documents that it
has established a contractual relationship with a non-profit agency or
the local governmental entity to provide housing counseling for
families that want to move to low-poverty or non-minority areas. The
five HAs approved for the FY 93 Moving to Opportunity (MTO) for Fair
Housing Demonstration and any other HAs that receive counseling funds
from HUD in settlement of litigation involving desegregation may
qualify for points under this assessment, but these HAs must identify
all activities undertaken, other than those funded and required under
the MTO Demonstration or the court-ordered plans, to expand housing
opportunities.
10 points--Assign 10 points if the HA documents that it
requested from HUD, and HUD approved, the authority to utilize
exceptions to the fair market rent limitations as allowed under 24 CFR
882.106(a)(4) to allow families to [[Page 12045]] select units in low-
poverty or non-minority areas.
10 points--Assign 10 points if the HA documents that it
participates with other HAs in using a metropolitan wide or combined
waiting list for selecting participants in the program.
10 points--Assign 10 points if the HA documents that it
has implemented other initiatives that have resulted in expanding
housing opportunities in areas that do not have undue concentrations of
poverty or minority families.
(c) Threshold Criterion 3: Coordination Between HA and Public Child
Welfare Agency to Identify and Assist Eligible Families.
The application must describe the method that the HA and the public
child welfare agency will use to identify and assist Family Unification
eligible families. The application must include a letter of intent from
the PCWA stating its commitment to provide resources and support for
the program. The PCWA letter of intent and other information must be
comprehensive and must include an explanation of the method used to
identify eligible families, of the PCWA's certification process for
determining Family Unification eligible families, of the
responsibilities of each agency, of the PCWA assistance provided to
families in locating housing units, of the PCWA staff resources
committed to the program, of the past PCWA experience administering a
similar program, and of the PCWA/HA cooperation in administering a
similar program.
(d) Threshold Criterion 4: Public Child Welfare Agency Statement of
Need for Family Unification Program.
The application must include a statement by the PCWA describing the
need for a program providing assistance to families for whom lack of
adequate housing is a primary factor in the placement of the family's
children in out-of-home care, or in the delay of discharge of the
children to the family from out-of-home care in the area to be served,
as evidenced by the caseload of the public child welfare agency. The
PCWA must adequately demonstrate that there is a need in the HA's
jurisdiction for the Family Unification program which is not being met
through existing programs. The narrative must include specific
information relevant to the area to be served, about homelessness,
family violence resulting in involuntary displacement, number and
characteristics of families who are experiencing the placement of
children in out-of-home care or the delayed discharge of children from
out-of-home care as the result of inadequate housing, and the PCWA's
past experience in obtaining housing through HUD assisted programs and
other sources for families lacking adequate housing.
(F) Corrections to Deficient Family Unification Applications
(1) Acceptable Applications
See Section I.(G)(1) of this NOFA.
(2) Unacceptable Applications
See Section I.(G)(2) of this NOFA.
(G) Family Unification Application Selection Process
After the HUD Office has screened HA applications and disapproved
any applications unacceptable for further processing (See Section
I.(G)(2) of this NOFA), the HUD Office will review and rate all
approvable applications, utilizing the Threshold Criteria and the point
assignments listed in this NOFA. Each HUD Office will send to HUD
Headquarters the following information on each application that passes
the Threshold Criteria:
(1) Name and address of the HA;
(2) Name and address of the Public Child Welfare Agency;
(3) State Office, Area Office, or Native American Programs Office
contact person and telephone number.
(4) The number of rental certificates in the HA application and
minimum number of rental certificates specified in the HA application
and the corresponding budget authority acceptable to the HA; and
(5) A completed fund reservation worksheet for the number of rental
certificates requested in the application.
All Field Offices of Native American Programs also must send to
Headquarters Office of Native American Programs the information listed
in Section III.(G) (1)-(5) for each IHA application that passes the
threshold criteria.
Headquarters will select eligible HAs to be funded based on a
lottery. All HAs identified by the HUD Offices as meeting the Threshold
Criteria identified in the NOFA will be eligible for the lottery
selection process. As HAs are selected, the costs of funding the
applications will be counted against the total funds available for the
Family Unification program. In order to achieve geographic diversity,
HUD Headquarters will limit the number of applications selected for
funding under the lottery for any State to ten percent of the budget
authority made available under this NOFA.
Applications will be funded in full for the number of rental
certificates requested by the HA in accordance with the NOFA. However,
when remaining rental certificate funds are insufficient to fund the
last HA application in full, HUD Headquarters may fund that application
to the extent of the funding available and the applicant's willingness
to accept a reduced number of rental certificates. Applicants that do
not wish to have the size of their programs reduced may indicate in
their applications that they do not wish to be considered for a reduced
award of funds. HUD Headquarters will skip over these applicants if
assigning the remaining funding would result in a reduced funding
level.
IV. Family Self-Sufficiency (FSS) Service Coordinators
(A) FSS Service Coordinators Applications Deadline Date
The deadline date for the Family Self-Sufficiency (FSS) Service
Coordinators subprogram is listed in Section I.(B) of the NOFA.
(B) Purpose and Substantive Description of Funding for FSS Service
Coordinators
The FY 1995 HUD Appropriations Act (Pub. L. 103-327 approved
September 28, 1994) makes available administrative fees under section
23(h) of the U.S. Housing Act of 1937 for the Section 8 FSS program.
Section 23(h) establishes a fee for the costs incurred in administering
the Section 8 FSS program and requires the Secretary to revise the fee
upon submission by the General Accounting Office (GAO) of a report
determining the additional costs to HAs under FSS programs. In April
1992, the GAO issued its report; however, the report indicated that it
was premature to make a recommendation for changes in the fee. As a
result, the Department determined to make a sufficient fee available
under this NOFA, to enable the smaller HAs (i.e., those with programs
of less than 1,500 total rental vouchers and certificates) with
required FSS programs of at least 25 slots, to hire up to one FSS
program coordinator for one year at a reasonable cost, as determined by
the HA and HUD, based on salaries for similar positions in the
locality.
(1) Eligible Activity
Funds are available under this NOFA to employ or otherwise retain
the services of up to one FSS program coordinator for one year. A part-
time FSS program coordinator may be retained where appropriate. Under
the FSS program, HAs are required to use Section 8 rental assistance
together with public and private resources to provide supportive
services to enable [[Page 12046]] participating families to achieve
economic independence and self-sufficiency. Effective delivery of
supportive services is a critical element in a successful program.
(a) Program Coordinator Role.
HAs administering the FSS program use program coordinating
committees (PCCs) to assist them to secure resources for and implement
the FSS program. The program coordinating committee is made up of
representatives of local government, job training and employment
agencies, local welfare agencies, educational institutions, child care
providers, nonprofit service providers, and businesses.
An FSS program coordinator works with the PCC, and with local
service providers to assure that program participants are linked to the
supportive services they need to achieve self-sufficiency. The FSS
program coordinator may ensure, through case management, that the
services included in participants' contracts of participation are
provided on a regular, ongoing and satisfactory basis, and that
participants are fulfilling their responsibilities under the contracts.
(b) Staffing Guidelines.
Under normal circumstances, a full-time FSS program coordinator
should be able to serve approximately 50 FSS participants, depending on
the coordinator's case management functions.
(c) Eligibility of HAs.
All HAs funded under the FY 94 NOFA that wish to obtain funding for
another year do not need to re-apply. HUD will automatically fund the
FY 94 recipients at 103 percent of the FY 94 amount unless the HA
submits a new application or notifies HUD not to fund the HA for an FSS
Service Coordinator. All HAs which did not receive FSS coordinator
funding in FY 94 and that currently administer a rental voucher and
certificate program of less than 1,500 total rental vouchers and
certificates and that received FY 1992 FSS incentive award funding, or
FY 1993 and later rental voucher or certificate funding (other than
renewal funding), and as a result are required to administer an FSS
program of at least 25 FSS slots are eligible to apply. HAs with less
than 1,500 total rental vouchers and certificates and with FSS programs
of fewer than 25 slots may also apply, if they apply jointly with one
or more other eligible HAs so that between or among the HAs they
administer at least 25 FSS slots. If eligible applicants apply jointly,
their combined total program size may exceed 1,500 total rental
vouchers and certificates, but the $40,000 maximum amount that may be
requested still applies. Joint applicants must specify a lead
coapplicant which will receive and administer the FSS program
coordinator funding. A state or regional (i.e., multi-county
jurisdiction) HA that administers a program of more than 1,500 rental
vouchers and certificates may apply if it is required to administer an
FSS program of fewer than 1,500 FSS slots.
HUD has limited eligibility under this NOFA to HAs with less than
1,500 total Section 8 rental vouchers and certificates and to state and
multi-county regional HAs that are required to administer FSS programs
of at least 25 but fewer than 1,500 FSS slots, because the $17.3
million appropriated for FSS program coordinators is insufficient to
fund all HAs administering FSS programs. HUD determined that HAs
administering large Section 8 programs are more likely than smaller HAs
to have access to other resources for FSS program administration. State
HAs indicated an interest in FY 94 in submitting applications for
funding under the FSS Service Coordinators NOFA regardless of the 600
total program size limitation in FY 94. In response, HUD has decided to
allow a state or multi-county regional HA that administers an FSS
program in more than one location to submit an application if the state
or multi-county regional HA is required to administer an FSS program of
at least 25 but fewer than 1,500 FSS slots.
HUD is requiring that applicants under this NOFA administer FSS
programs of at least 25 FSS slots (based on FY 1992 FSS incentive award
funding or FY 1993 and later rental voucher and certificate funding
(other than renewal funding)) to ensure that the limited program
coordinator funds are used in a cost-effective manner. The Department
expects that FSS programs of less than 25 FSS slots can be managed
within HA resources.
(2) Eligible Applicants With HUD Approved Exceptions to Mandatory
Minimum Size
If HUD has approved either a full or partial exception to
implementing an FSS program of the mandatory minimum size for an
eligible applicant with less than 1,500 rental vouchers and
certificates, solely because of a lack of funds for reasonable
administrative costs, the approval of the exception is hereby
automatically rescinded, since funding for an FSS program coordinator
is now available under this NOFA.
(C) FSS Service Coordinators Allocation Amounts
For FY 1995, the HUD Appropriations Act made $17.3 million
available for HA administrative fees for Section 8 FSS Service
Coordinators. Of this amount, up to $8.7 million will be provided to
those HAs that received FY 94 funds in response to the NOFA published
on August 29, 1994. This is the second fiscal year of funding for FSS
Service Coordinators. All HAs that received funding for FSS Service
Coordinators funding under the FY 94 NOFA will receive 103 percent of
the amount awarded under the FY 94 NOFA without submitting a new
application in response to this NOFA, unless the HA notifies the HUD
Office that it does not want additional funding. Any previously funded
HA has the flexibility to submit a new application in response to this
NOFA in order to change the funded amount up to the maximums
established in this NOFA. Any other HA with less than 1,500 total
rental vouchers and certificates may submit an application for initial
funding under this subprogram.
An eligible HA may apply for a maximum of $40,000 to support up to
one FSS program coordinator for one year. An eligible state HA or
multi-county regional HA may apply for a maximum of $40,000. HUD may
fund applications at less than the requested amount, based on the HUD
Office application review.
(D) FSS Service Coordinators Application Submission Requirements
Each application for funding under this NOFA must contain the
following items:
(1) Request for FSS Service Coordinator Funds
All applications must contain the following information stated in a
letter from the Executive Director of the HA to the Director of the
Office of Public Housing in the local HUD Office or to the
Administrator of the Native American Programs Office (see sample letter
format, Attachment 6A):
(a) The total number of currently enrolled FSS families.
(b) The total number of required FSS slots (based on FY 1992
incentive award funding and FY 1993 and later rental voucher and
certificate funding).
(c) The annual salary proposed for the FSS program coordinator,
plus any fringe benefits. Do not include costs of training,
transportation, clerical support, equipment, supplies, or other
administrative costs or overhead. The service coordinator salary should
be set as follows: [[Page 12047]]
(i) Determine the salary level, taking into consideration salaries
for comparable jobs, modified by the hours worked.
(ii) Set the annual salary, including any fringe benefits that
pertain to the job.
(d) Evidence that demonstrates salary comparability with similar
positions in the local jurisdiction.
(e) Joint applicants must indicate which HA will be the lead
applicant and will receive and administer the FSS program coordinator
funding.
(2) Required Certification Form
The HA must submit the Certification Regarding Fair Housing and
Equal Opportunity included as Attachment 6B to this NOFA.
(E) Corrections to Deficient FSS Service Coordinators Applications
(1) Acceptable Applications
See Section I.(G)(1) of this NOFA.
(2) Unacceptable Applications
See Section I.(G)(2) of this NOFA.
(F) Application Selection Process for FSS Service Coordinators
The funds available under this subprogram are not being awarded on
a competitive basis. The Department anticipates that there may be
sufficient funds available under the NOFA to fund all applications that
meet the NOFA requirements. Applications will be reviewed by the HUD
Office to determine whether or not they are technically adequate based
on the NOFA requirements.
Upon completion of the HUD Office review, a list of all technically
adequate applications, each applicant's total program size and FSS
program size, and the amount approved for each applicant will be
forwarded by the HUD Office to the Rental Assistance Division in HUD
Headquarters which will then allocate the available funding among
approvable applications. All technically adequate applications will be
funded to the extent funds are available. If HUD receives applications
for funding greater than the amount made available under this NOFA, HUD
will fund applications from the smallest HAs first (i.e., those HAs
with the smallest combined rental voucher and certificate programs, or,
in the case of state and multi-county regional HAs, smallest FSS
program size) and will not fund applications from the larger HA
applicants. The size of a State or multi-county regional HA's program
will be determined based on the number of FSS slots it plans to
administer with the funds for the FSS Coordinator.
V. Section 8 Counseling
(A) Application Due Date for Section 8 Counseling
Applications for Section 8 Counseling are to be submitted directly
to HUD Headquarters at the following address: Mr. Laurence Pearl,
Office of Program Standards and Evaluation, Fair Housing and Equal
Opportunity, Room 5226, 451 Seventh Street, SW, Washington, DC 20410.
The deadline date for applications for the subprogram for Section 8
Counseling is listed in Section I.(B) of the NOFA.
(B) Purpose and Substantive Description of Section 8 Counseling
(1) General
This NOFA announces the availability of approximately $150 million
for HA administrative fees for Section 8 Counseling to facilitate a
wide range of housing options for rental voucher and certificate
holders and program participants. HUD has determined that families
assisted under the Section 8 program frequently have a lack of
knowledge of the rental market and this has limited the housing options
of these families. HUD has decided to set-aside a portion of the FY 95
Section 8 funding (See Attachment 5) for administrative fees for
housing agencies (HAs) to establish counseling services programs to
assist families in expanding housing opportunities for families. The
set-aside is designed to provide eligible families with information
about a wide range of housing options in neighborhoods throughout a
metropolitan area so that the families may make informed decisions
about the selection of housing units. This goal will be accomplished by
a combination of intensive counseling and outreach to landlords. Each
HA funded under this NOFA for Section 8 Counseling must use the
counseling funds only for those families eligible under this NOFA and
may not counsel families for which the HA is funded from other sources,
e.g., funds provided by HUD to assist and to counsel families
benefiting from the settlement of litigation or involving
desegregation.
(2) Housing Agency/Non-Profit Organization Partnership
The HA identified on Attachment 5 is designated as the lead HA for
the metropolitan area for which funds are allocated. The lead HA must
form a partnership with other HAs within the metropolitan area that
have a high proportion of families living in poverty concentrated
census tracts and with a non-profit organization (NPO) in order to
undertake the housing counseling services on a metropolitan-wide basis
unless the HAs believe they can perform the housing counseling. The
lead HA will submit an application to HUD on behalf of all the HAs
participating in the Section 8 Counseling provided by the NPO or in
some cases the HAs and, the lead HA will be responsible for budgeting
and financial management activities. HUD will allow HAs to undertake
the housing counseling services without an NPO only if the HA can
demonstrate in its application that the HA has the capability and the
experience to perform the required services on a metropolitan-wide
basis. HUD will not consider requests for ``pre-approval'' of HA
capability and experience to perform these services under this set-
aside. An HA without sufficient capability and experience that submits
an application without an NPO must modify its application (i.e., add an
NPO) during the 30 calendar day correction period or the HA will not be
funded under this set-aside.
(3) Housing Counseling Services
The housing counseling services to be provided must be consistent
with current program rules and, at a minimum, must include the services
identified below; however, it is not necessary that each of these
services be provided to every family:
(i) Outreach to private landlords in low-poverty neighborhoods
(i.e., neighborhoods where the concentration of families at or below
the poverty is less than 10 percent) throughout the metropolitan area,
and counseling and referral services for eligible families consistent
with a policy of avoiding unduly concentrating assisted families in a
particular neighborhood;
(ii) Review eligible families for credit, housekeeping and criminal
backgrounds to ensure suitability for counseling services;
(iii) Conduct home visits and escort families to potential units
selected by the families;
(iv) Assist families in negotiating rent incentives and inducements
from landlords during housing search;
(v) Coordinate support services and provide counseling on
opportunities for educational, child care, medical care and employment
after families move to new units;
(vi) Monitor activities for compliance with fair housing laws; and,
(vii) Monitor rents in low poverty neighborhoods and compare with
the Section 8 fair market rents (FMRs) every six months to determine
the impact of the FMRs on the range of housing opportunities on
families. [[Page 12048]]
HUD encourages HAs to undertake additional housing counseling
activities that have the potential of expanding housing opportunities
for eligible families. HUD will provide funds, in excess of the amount
listed in Attachment 5, from the $10 million set-aside retained for
this purpose to lead HAs contingent upon documentation of satisfactory
performance based on application and administrative guidance, and
review and approval by HUD, that propose innovative housing counseling
services. HUD will determine the amount of additional funds based on
the proposed services to be provided.
(4) Eligible Families
A family is eligible to receive housing counseling services under
this set-aside if the family is a current participant in the rental
voucher or certificate programs or if the family has received a rental
voucher or certificate from the HA to search for a unit. A family is
also eligible if it receives rental assistance under the subprograms of
this NOFA for Persons with HIV/AIDS, Mainstream Housing, and Homeless
Families.
An HA must provide housing counseling services to eligible
families, that are current participants or if the family has received a
rental voucher or rental certificate from the HA to search for a unit,
in the order set forth below:
(a) Families that currently receive income from work;
(b) Families that currently are work-ready, i.e., enrolled in an
education or job training program; and then,
(c) All other eligible families. The other eligible families may be
ranked at the HA's discretion to meet the HA's goals for policies
established by the HA in its administrative plan.
(5) Program Record Keeping Requirements
In addition to the normal documentation required for the Section 8
program, each HA must maintain separate records for this set-aside as
follows:
(a) the amount of time that staff devote to Section 8 counseling
activities;
(b) a general description of the amount of landlord outreach effort
for the set-aside to include the names and addresses of landlords
contacted; the types of units under their control or management;
whether the landlord has accepted Section 8 previously, and the outcome
of the outreach effort;
(c) the average costs of the housing counseling services per
counseled family;
(d) periodic surveys to measure the satisfaction of counseled
families (customer satisfaction form to be provided by HUD);
(e) a summary of the racial, ethnic and income composition of
families counseled under the set-aside and correlated with the number
and location of units shown to each family and the neighborhood in
which the family successfully leases a unit;
(f) information on the employment or educational training status of
families at the time of counseling and any problems encountered;
(g) a record of all housing referrals to landlords and the results
of these referrals; and
(h) periodic surveys to measure the satisfaction of landlords
participating in this program for families that received housing
counseling services (landlord satisfaction forms to be provided by
HUD).
Each HA must maintain its records to show that NPO, or in some
cases the HA, counselled only those families eligible for these
services.
(C) Allocation Amounts for Section 8 Counseling
The availability of HA administrative fees is based on a formula
allocation and is not a competition for funding. Each lead HA must
submit an approvable application that identifies all the HAs
participating in the Section 8 Counseling program to receive the
administrative fee funding identified in Attachment 5. The award of
Section 8 Counseling funds is contingent upon documentation of
satisfactory performance based on application and administrative
guidance, and review and approval by HUD.
Section 8 Counseling funds of $115 million have been allocated to
the metropolitan areas with the highest concentrations of persons
living in poverty-concentrated census tracts, i.e., census tracts where
30 percent or more of the persons live below the poverty level
according to the 1990 census.
HUD allocated the $115 million Section 8 Counseling funds to the
metropolitan areas using the Fair Share factors. The remaining $10
million will be awarded to eligible HAs, i.e., only those HAs listed on
Attachment 5, as bonus funding to supplement the funding for those HAs
and NPOs that have demonstrated successes in operating counseling
programs of this type and that intend to undertake counseling with
unique features such as innovative methods of counseling, metropolitan-
wide housing search assistance, and other varied combinations of
services. HUD encourages HAs to propose unique methods for increasing
the housing opportunities for Section 8 rental voucher and certificate
holders and participant families.
(D) Application Submission Requirements for Section 8 Counseling
Each lead HA must submit the items identified in Section I.(D) of
the NOFA, Application Submission Requirements - General, and this
section of the NOFA for Section 8 Counseling.
(1) HA Application
Each HA listed in Attachment 5 to this NOFA may submit an
application for Section 8 Counseling as the lead HA for the
metropolitan area. All other HAs intending to participate in the
Section 8 Counseling program must be identified and must submit a
letter of support for the lead HA's application.
(2) Counseling Services
The application must describe the HA's proposed counseling program
over the five-year ACC term and must include a complete, specific
statement outlining the proposed methods of housing counseling,
landlord recruitment and data collection. HAs must describe the methods
proposed to provide housing counseling services that increase housing
opportunities for rental voucher and certificate holders and
participant families beyond those normally provided under the Section 8
program. HAs should also identify goals for the housing counseling
services, including those performed by an NPO subcontractor, against
which their success may be measured.
The application must include information concerning the site at
which the housing counseling will be conducted. An HA may provide the
housing counseling services through a subcontract with an NPO to
perform these functions on its behalf or, under certain circumstances,
provide the services itself. Counseling services provided either by the
HA or by a non-profit organization (NPO) must contain, at a minimum,
the services described in Section V.(B)(3) of this NOFA.
Any HA that proposes to undertake housing counseling services in
excess of those required under this set-aside must separately identify
the additional activities and additional funds requested for the
innovative services as well as the proposed cost of the additional
services during the five-year ACC term. HUD has not established a
maximum amount per HA to be provided from the $10 million of the
funding for this set-aside that has been retained for innovative
services.
[[Page 12049]]
(3) Counseling Subcontractor
The HA must submit a letter from the NPO with which it intends to
subcontract with its application that describes the services, unless
the HA decides to undertake the counseling services itself. The letter
from the NPO must explain in detail the services to be performed on
behalf of the HA and the experience or qualifications of the
subcontractor to perform the services. The NPO letter will explain the
timing and method of payment from the HA. In order for HUD to evaluate
the cost of the proposed services, the HA and the NPO subcontractor
must include information on the indirect cost arrangement to be
established between the HA and the NPO. The NPO must submit
documentation as a part of the application that verifies the 501(c)(3)
(IRS Code) status of the NPO and its legal authority to operate
throughout the metropolitan area. If the HA intends to perform the
counseling services itself, the HA must provide the details of its
capability to undertake the proposed counseling as required by section
V.(D)(2) of this NOFA.
(4) Eligible Families
The application must describe the order of priorities for families
to receive counseling services. Section V.(B)(4) of this NOFA
establishes the first order of priorities of families to receive
counseling. HAs have the discretion to establish preferences within the
order of priorities and add priorities to the end of the list
identified by HUD. The application must also include the number of
Section 8 rental voucher and certificate holders as well as current
Section 8 participants that are anticipated to be eligible for housing
counseling under this set-aside and the subprograms of this NOFA for
Persons with HIV/AIDS, Mainstream Housing, and Homeless Families.
(5) Management and Staffing Plans and Budget
The HA must submit a management plan, staffing plan and complete a
five-year budget for the housing counseling program that, at a minimum
meets the requirements of Section V.(B)(3) of this NOFA. The staffing
plan should include a brief resume of each principal of the NPO and a
list of its Board of Directors or other governing body.
If the HA proposes services beyond those required in Section
V.(B)(3) of this NOFA, the application must include a separate and
comprehensive, five-year budget that reflects all minimum and extra
services to be provided. This budget is not in lieu of, but is in
addition to, the budget for the minimum services.
(6) Application Revisions After Submission to HUD
HUD will provide the applicant an opportunity to revise its
application after submission to HUD in response to specific written
comments from HUD. The HA will have a thirty calendar day period from
the date of HUD's letter to satisfy all issues with HUD. Applicants
will be allowed to respond to HUD comments more than once during the
thirty day correction period so long as the negotiations are completed
by the thirty calendar day deadline.
(E) Corrections to Deficient Applications for Section 8 Counseling
(1) Acceptable Applications
See Section V.(D)(6) of this NOFA for the applicable provisions.
(2) Unacceptable Applications
The 14 calendar day technical correction period does not apply to
this NOFA. See Section VIII.(D)(6) of this NOFA for the applicable
provisions.
(F) Application Selection Process for Section 8 Counseling
(1) General
The funds available under this NOFA are being awarded on a formula
basis as listed in Attachment 5 of the NOFA. An HA must submit an
application to receive the Section 8 counseling funds. Applications
will be reviewed by HUD Headquarters to determine whether or not they
are technically adequate and responsive to the application submission
criteria based on the NOFA requirements. An application must receive a
minimum score of 40 points under the threshold criteria shown below in
order to be approvable for funding. To expedite the review of
applications and the award of funds under this subprogram, HUD
Headquarters may initiate its review of any application received prior
to the deadline established for submission.
HUD will allocate the available funding to the HAs identified in
technically adequate and responsive applications. If HUD receives
applications for funding less than the amount made available for an
area under this NOFA, due to failure of an applicant to apply or due to
technically inadequate applications, HUD will make these funds
available to other applicants.
(2) Application Threshold Criteria
(a) Threshold Criterion 1: Proposed Methodology for Housing
Counseling Services (40 points).
HUD Headquarters will assign up to 40 points for the proposed
methodologies for conducting the housing counseling program, landlord
outreach and program evaluation. The highest assessment of points is
limited to those applications where the applicant provides an excellent
understanding of the services to be performed and proposed innovative
techniques to achieve the goals of the set-aside.
(b) Threshold Criterion 2: Experience and Capability of NPO/HA (35
points).
HUD Headquarters will assign up to 35 points for an application
where the NPO/HA providing the housing counseling services has the
capability and experience to successfully undertake the housing
counseling services. No points will be awarded for an application that
shows the service provider has minimal experience or experience only in
the normal Section 8 Equal Opportunity Housing Plan activities.
VI. NOFA for Mainstream Housing Opportunities for Persons With
Disabilities (Mainstream Program)
(A) Mainstream Program Application Deadline Date
The deadline date for Mainstream Program applications is listed in
Section I.(B) of the NOFA.
(B) Purpose and Substantive Description of Mainstream Program
(1) Purpose
The Secretary has established a Mainstream Housing Opportunities
for Persons with Disabilities Program (Mainstream Program) to provide
rental vouchers and certificates to enable persons with disabilities to
rent affordable private housing of their choice, in a nonsegregated
environment.
Federal housing assistance for persons with disabilities has
generally been provided under project-based programs targeted for
groups with special needs (i.e., housing exclusively for persons with
disabilities or housing exclusively for the elderly and disabled
populations). This approach partly reflects the disparity between the
needs of persons with disabilities and the availability of decent,
affordable and accessible housing in an integrated setting. In
addition, persons with disabilities often face difficulties in locating
suitable and accessible housing on the private market and linking their
[[Page 12050]] housing environment with any supportive services that
they may want or need.
The Mainstream Program will reach communities that have
concentrations of persons with disabilities in need of housing
assistance, including those living in housing of an institutional
nature. The Department expects the program to be of particular interest
to HAs with public housing reserved for occupancy by elderly families
and disabled families that wish to provide nonpublic housing options to
some of their disabled residents.
(a) Application Options. HUD will award funding for rental vouchers
and/or certificates under the Mainstream Program through two
application options: (1) An application option open only to HAs that
submit an allocation plan to designate public housing for occupancy by
elderly families, and that also administer a Section 8 rental
certificate, rental voucher or moderate rehabilitation program; and (2)
an application option for general use rental assistance for persons
with disabilities, open to all HAs which currently administer a Section
8 rental certificate, rental voucher or moderate rehabilitation
program. Eligible HAs may apply for assistance under either or both
application options.
Under the first application option, HUD will make available
approximately 1,250 rental vouchers and certificates to support
approvable HA allocation plans to designate housing for elderly
families. The rental vouchers and certificates will enable HAs to meet
the designated housing regulatory requirement to make available
sufficient housing resources to provide assistance to at least the
number of nonelderly disabled families that would have been housed by
the HA if occupancy in the designated public housing project were not
restricted to elderly households. Applicants who choose to apply under
this option should be familiar with the Public Housing Designated
Housing rule, published in the Federal Register April 13, 1994 (24 CFR
part 945). HUD intends to fund all approvable applications under the
designated housing allocation plan application option, unless HUD
receives applications for more funding than available for this option.
In that case, HUD will select applications for funding by lottery.
Under the second application option, for general use rental
assistance for persons with disabilities, HUD will make available
approximately 1,250 Section 8 rental vouchers and certificates for HAs
to increase the supply of mainstream housing opportunities available to
persons with disabilities. HUD will select HA applications for funding
under the general use application option by lottery.
(b) Limit on Rental Assistance Requested. An eligible HA applying
under the general use application option may apply for up to 150 rental
vouchers and/or certificates. An HA applying in conjunction with
submission of a designated housing allocation plan may apply for only
the number of units needed to meet the requirements of the allocation
plan to provide housing resources for persons who otherwise would have
received public housing, up to a maximum of 150 rental vouchers and
certificates.
(2) Guidelines
(a) Definitions.
Allocation plan. A HUD-approved allocation plan required of HAs
seeking to designate a project for occupancy by elderly families. See
24 CFR 945.203.
Disabled Family. A family whose head, spouse or sole member is a
person with disabilities. The term ``disabled family'' may include two
or more persons with disabilities living together, and one or more
persons with disabilities living with one or more persons who are
determined to be essential to the care or well-being of the person or
persons with disabilities. A disabled family may include persons with
disabilities who are elderly.
Person with disabilities. A person who--
(a) Has a disability as defined in section 223 of the Social
Security Act (42 U.S.C. 423), or
(b) Is determined to have a physical, mental or emotional
impairment that:
(i) is expected to be of long-continued and indefinite duration;
(ii) substantially impedes his or her ability to live
independently; and
(iii) is of such a nature that such ability could be improved by
more suitable housing conditions, or
(c) Has a developmental disability as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6001(5)).
The term ``person with disabilities'' does not exclude persons who
have the disease of acquired immunodeficiency syndrome (AIDS) or any
conditions arising from the etiologic agent for acquired
immunodeficiency syndrome (HIV).
Section 8 Counseling. Services to increase access by program
participants to housing units in a variety of neighborhoods and to
assist participants in locating and obtaining a unit suited to their
needs. See Section V of this NOFA.
Supportive services. Assistance that addresses the needs of
eligible persons, 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). A person or
organization (including peer support and consumer-run organizations)
licensed or otherwise qualified to provide supportive services either
for profit or not for profit that has been in existence for at least
one year and delivers some or all of the above services to a client
population.
(b) Eligible HAs.
(i) Rental assistance in conjunction with designated housing
allocation plans. HAs that submit an allocation plan to designate
public housing for occupancy by elderly families, and that also
administer a Section 8 rental certificate, rental voucher or moderate
rehabilitation program.
(ii) General use rental assistance for persons with disabilities.
HAs which currently administer a Section 8 rental certificate, rental
voucher or moderate rehabilitation program.
(iii) Additional Eligibility Requirements. See sections I(D)(2) and
I(G)(2) of this NOFA.
(c) Eligible Participants.
(i) Rental assistance in conjunction with designated housing
allocation plans. Only persons with disabilities and disabled families
who live in public housing that has been designated for occupancy by
the elderly, or disabled families who are on the HA's public housing
waiting list, may receive a rental voucher or certificate awarded under
the application option in conjunction with designated housing
allocation plans. Nonelderly persons with disabilities and disabled
families who live in public housing designated for the elderly in
accordance with an allocation plan submitted in response to this NOFA,
need not be listed on the Section 8 waiting list in order to be offered
and receive Section 8 rental assistance as an incentive for a voluntary
transfer from the designated project. These families may be admitted to
the Section 8 program as a special admission (24 CFR 982.203).
(ii) General use rental assistance for persons with disabilities.
Only persons [[Page 12051]] with disabilities and disabled families may
receive a rental voucher or certificate awarded under the general use
application option. However, in selecting disabled applicants from the
Section 8 waiting list, HAs must provide assistance on a priority basis
to nonelderly disabled persons who reside in public housing reserved
for occupancy by elderly families and disabled families, or who are on
the public housing waiting list and will not be housed because a public
housing project has been designated for elderly families.
(d) Rental Voucher and Certificate Assistance.
(i) Section 8 regulations. HAs must administer the Mainstream
Program in accordance with HUD regulations governing the Section 8
rental voucher and certificate programs.
(ii) Section 8 admissions requirements. Section 8 assistance must
be provided to eligible applicants in conformity with applicable rules
governing the Section 8 program including the federal preference rules,
and in accordance with the terms of the HA's designated housing
allocation plan where applicable, and with HUD-approved administrative
and equal opportunity housing plans.
If there is an insufficient pool of persons with disabilities and
disabled families on the HA Section 8 waiting list, an HA may conduct
outreach to encourage eligible persons to apply for the general use
Mainstream Program. Outreach may include contacting independent living
centers, disabled advocacy organizations, and medical, mental health,
and social service providers for referrals of persons receiving such
services who would benefit from the general use Mainstream Program.
If the HA's Section 8 waiting list is closed, and if the HA has
insufficient applicants on its Section 8 waiting list to use all
awarded Mainstream Program rental vouchers and certificates, the HA may
open the waiting list to only those who qualify for the Mainstream
Program.
(iii) Turnover. When a rental voucher or rental certificate under
this program becomes available for reissue (e.g., the individual or
family initially selected for the program drops out of the program or
is unsuccessful in the search for a unit), the rental assistance may be
used only for another individual or family eligible for assistance
under this program during the five-year term of the ACC for the
Mainstream Program.
(e) HA Responsibilities. In addition to normal HA responsibilities
under the Section 8 programs and under HUD regulations for
nondiscrimination based on handicap (24 CFR 8.28), HAs that receive
rental voucher or certificate funding under the Mainstream Program
must:
(i) assist program participants to gain access to supportive
services available within the community, and to identify public or
private funding sources for accessibility features, when participants
request such assistance;
(ii) not deny persons who qualify for rental assistance under the
Mainstream Program other housing opportunities for which they are
eligible;
(iii) not deny other housing opportunities, or otherwise restrict
access to HA programs, to eligible applicants who choose not to
participate in the Mainstream Program; and
(iv) not require eligible applicants to accept supportive services
in order to participate in the Mainstream Program.
(C) Mainstream Program Allocation Amounts
This NOFA announces the availability of up to $85.7 million of
budget authority that will support approximately 2,500 rental vouchers
or certificates for the Mainstream Program. The Mainstream Program
includes an option for HAs to apply for rental vouchers and
certificates in conjunction with submission of an allocation plan to
designate public housing for elderly families. HUD will make available
approximately $42.9 million of the $85.7 million total, to support
approximately 1,250 rental vouchers and certificates, for the
application option to support designated housing allocation plans.
Remaining funding of approximately $42.9 million will support
approximately 1,250 rental vouchers and certificates for general use
rental assistance for persons with disabilities and disabled families.
In the event HUD receives insufficient approvable applications for the
designated housing allocation plan option, the surplus funding will be
made available to the general use Mainstream Program applicants.
(D) Application Submission Requirements for Mainstream Program in
Conjunction With Submission of Designated Housing Allocation Plans
Note that a separate application is required for each application
option under the Mainstream Program. An HA may request only the number
of rental vouchers and certificates supported by the designated housing
allocation plan, not to exceed 150. Each application must include the
items identified in Section I.(D) of the NOFA, Application Submission
Requirements--General, and items in this section of the NOFA for the
Mainstream Program in support of designated housing allocation plans.
(1) Approvable Designated Housing Allocation Plan
The application must include an approvable allocation plan to
designate housing for the elderly in accordance with 24 CFR 945.203.
(2) Description of Need for Mainstream Program Rental Vouchers and
Certificates
The application must include a description of how the rental
assistance is necessary to meet the requirement of 24 CFR
945.203(6)(iv) to provide assistance to at least the number of
nonelderly disabled families that would have been housed by the HA if
occupancy in units in the designated project were not restricted to
elderly families. HAs may not request more than the number of rental
voucher and certificates necessary to meet the above obligation, up to
a maximum of 150.
(3) Description of Program Implementation
The application must include a narrative description of how the HA
will operate its Mainstream Program. The description must include:
(a) Eligibility. A description of which portions of the eligible
population the HA will serve (i.e., nonelderly disabled families on the
public housing waiting list, nonelderly disabled families currently
residing in housing designated for the elderly, or both).
(b) HA Assistance in Obtaining Accessibility Features. A
description of how the HA will carry out its responsibilities under 24
CFR 8.28 to assist recipients in locating units with needed
accessibility features. A description of the assistance the HA will
provide to identify public or private funding sources (including any HA
resources) for accessibility features such as ramps, grab bars, visual
smoke alarms and fire detectors, accessible electrical controls,
thermostats, and door hardware, and structural changes to dwelling
units or common areas.
(c) Section 8 Counseling. A description of the assistance the HA
will provide to eligible applicants to locate suitable housing in the
private market. See Section V of this NOFA.
(E) Application Submission Requirements for General Mainstream Program
for Persons With Disabilities
Note that a separate application is required for each application
option under the Mainstream Program. An HA may request up to a maximum
of 150 [[Page 12052]] rental vouchers and certificates under the
general use Mainstream Program. Each application must include the items
identified in Section I.(D) of the NOFA, Application Submission
Requirements--General, and items in this section of the NOFA for the
general use Mainstream Program.
(1) Description of Need for Mainstream Program Rental Assistance
The application must demonstrate a significant need for Mainstream
Program rental vouchers and certificates, and demonstrate that the
demand for such housing would equal or exceed the requested number of
units.
(2) Mainstream Program Operating Plan
The application must include a description of an adequate plan for
operating a program to serve eligible persons with disabilities,
including a description of how the HA will carry out its
responsibilities under 24 CFR 8.28 to assist recipients in locating
units with needed accessibility features.
(3) Supportive Services Plan
The application must describe an adequate plan to assist recipients
of Mainstream Program rental assistance, should they request such
assistance, to gain access to supportive services available within the
community. The application must demonstrate that the HA has identified
service providers who will assist recipients to overcome impediments to
success in the Mainstream Program. Such provider may include nonprofit
organizations able to fund accessibility renovation and supportive
services providers able to assist recipients to meet such lease
obligations as adequate housekeeping and timely rental payments.
(F) Corrections to Deficient Applications
(1) Acceptable Applications
See Section I.(G)(1) of this NOFA.
(2) Unacceptable Applications
See Section I.(G)(2) of this NOFA.
(G) Mainstream Program Application Selection Process
(1) Application Option in Support of Designated Housing Allocation
Plans
(a) HUD Office Review. Upon receipt, the Office of Public Housing
in the HUD Office will screen HA applications and stop processing any
applications found unacceptable for further processing. Immediately
after screening an acceptable application, the Offices of Public
Housing and Fair Housing and Equal Opportunity in the HUD Office will
review the applicant's designated housing allocation plan in accordance
with 24 CFR 945.203.
If, within the 45-day or 90-day review period provided under 24 CFR
945.203(e)(2), the HUD Office finds an allocation plan approvable,
subject to receipt of the requested rental assistance, the Offices of
Public Housing and Fair Housing and Equal Opportunity will review the
rest of the Mainstream Program application to determine if the
application is technically adequate and responsive to the requirements
of the NOFA. If the HUD Office determines that an allocation plan is
approvable, and that the remainder of the Mainstream Program
application is technically adequate and responsive, it will recommend
to HUD Headquarters that the application be funded.
If the HUD Office disapproves an allocation plan submitted in
response to this NOFA, the HA's application under the Mainstream
Program will be rejected and the HA will not be eligible for the rental
vouchers and certificates available under this Mainstream Program NOFA.
However, the HA may continue to pursue its plans to designate housing
for elderly families if it can identify other additional housing
resources that it will need to meet the designated housing allocation
plan requirements under 24 CFR 945.203.
(b) Funding. Headquarters will fund all applications that are
recommended for funding by the HUD Offices, unless HUD receives
approvable applications for more funds than allocated for the
designated housing allocation plan application option. If HUD receives
approvable applications for more funding than is available for the
allocation plan option, HUD will select applicants to be funded by
lottery. All HAs identified by the HUD Offices as having submitted
technically adequate and responsive applications will be included in
the lottery. As HAs are selected, the cost of funding the applications
will be subtracted from the funds available. In order to achieve
geographic diversity, HUD Headquarters will limit the number of
applications selected for funding from any state to 10 percent of the
budget authority available for the designated housing allocation plan
application option.
(2) Application Option for General Use Mainstream Program
After the HUD Office has screened HA applications and disapproved
any applications found unacceptable for further processing (see Section
I.(G)(2) of this NOFA), the HUD Office will review all acceptable
applications to ensure that they are technically adequate and
responsive to the requirements of the NOFA. Each HUD Office will send
to HUD Headquarters the following information on each application that
is found technically adequate and responsive:
(a) Name and address of the HA;
(b) HUD Office contact person and telephone number;
(c) The completed fund reservation worksheet, indicating the number
of units requested in the HA application and approved by the HUD Office
during the course of its review, and the corresponding budget
authority.
Headquarters will select eligible HAs to be funded by lottery. All
HAs identified by the HUD Offices as having submitted technically
adequate and responsive applications will be included in the lottery.
As HAs are selected, the cost of funding the applications will be
subtracted from the funds available. In order to achieve geographic
diversity, HUD Headquarters will limit the number of applications
selected for funding from any state to 10 percent of the budget
authority available for the general use Mainstream Program.
Applications will be funded for the total number of units requested
by the HA and approved by the HUD Office in accordance with the NOFA.
However, when remaining budget authority is insufficient to fund the
last selected HA application in full, HUD Headquarters will fund that
application to the extent of the funding available.
(3) Program Type
If an HA application specifically requests funding for either
rental vouchers or rental certificates, and funding for the specified
program is not available, HUD will award the available form of
assistance, notwithstanding the program type specified in the HA
application.
VII. NOFA for Persons With HIV/AIDS
(A) Application Deadline Date for Persons With HIV/AIDS Subprogram
The Deadline Date for applications for the subprogram for Persons
with HIV/AIDS is listed in Section I.(B) of the NOFA.
(B) Purpose and Substantive Description of Subprogram for Persons With
HIV/AIDS
(1) General
The two subprograms for Persons with HIV/AIDS and for Homeless
Families together provide approximately $514 million in budget
authority for an estimated 15,000 rental vouchers and certificates for
homeless [[Page 12053]] families. Approximately $103 million, or 3,000
rental vouchers, will be set-aside for persons with HIV/AIDS and their
families who are homeless or who are at risk of homelessness.
Approximately $411 million, or approximately 12,000 rental vouchers and
certificates, will be made available to provide rental assistance to
homeless families living in transitional housing or emergency shelters.
Section 8 budget authority for each of these subprograms is allocated
by formula as described in this section and in section VIII of this
NOFA.
The Department recognizes that the HIV/AIDS epidemic has had a
wide-spread and perverse impact on the ability of communities to
provide the appropriate housing and care for their residents who are
living with HIV/AIDS. The findings of the National Commission on AIDS
in Housing and the HIV/AIDS Epidemic (issued in June 1992) state that
there is ``frequently desperate need for safe shelter that provides not
only protection and comfort, but also a base in which and from which to
receive services, care and support.'' Since 1992, the Department has
provided assistance to communities to address these needs under the
Housing Opportunities for Persons with AIDS (HOPWA) program. The HOPWA
program supports community planning and coordination of public and
private efforts and supports programs that provide housing and
supportive services for low-income persons living with HIV/AIDS and
their families. This set-aside of rental vouchers is intended to
complement the community efforts already underway by providing
permanent housing resources and ensuring coordination of housing and
health-care programs with HAs, governmental agencies and community-
based organizations.
The set-aside of rental vouchers for persons with HIV/AIDS and
their families is an initiative of the Department that will help
communities establish a continuum of care for this population by
creating additional permanent housing options. This initiative combines
rental voucher assistance to selected HAs in conjunction with State and
local governments that have been implementing planning efforts and
programs that provide housing and services for persons with HIV/AIDS
under the Housing Opportunities for Persons with AIDS (HOPWA) program.
This notice stipulates the roles of the HA, the HOPWA grantee and
community-based organizations which provide assistance to persons with
HIV/AIDS and their families. These community planning and program
efforts generally involve experienced non-profit housing and service
providers engaged in connecting housing assistance for persons with
HIV/AIDS to appropriate case management, comprehensive health services
and other supportive services for clients. Community-based
organizations will undertake outreach efforts to identify eligible
people with HIV/AIDS in need of permanent housing. The assistance will
be given on a priority basis to persons with HIV/AIDS who are homeless
and on a lower priority basis to persons with HIV/AIDS who are at risk
of homelessness. Community-based organizations will also assist these
clients in finding and securing permanent housing and provide or assist
clients in accessing appropriate supportive services.
The Department expects that HOPWA grantees and HAs will be able to
initiate their programs within 120 days after approval of their
application. To expedite the administration of this program, the area's
HOPWA formula grantee should consider how HOPWA funds might be used in
support of this set-aside of rental vouchers, including technical
assistance and resource identification activities to assist in the
delivery of this housing resource.
(2) Guidelines
Under this initiative HAs will provide Section 8 rental vouchers to
persons with HIV/AIDS in conjunction with program planning and
comprehensive supportive services from other sources which are
coordinated by the HOPWA grantee. The initiative will be implemented at
the local level through partnerships of grantees of the HOPWA program,
HAs and community-based organizations. The roles and responsibilities
of each participating entity are detailed in this notice. The
application must be submitted jointly by an area's HOPWA grantee and
one or more eligible HAs that the HOPWA grantee designates and that
agree to administer the rental vouchers for use in conjunction with
services provided by community-based organizations. The application
must designate the number of rental vouchers for the area or subarea to
be administered by each HA. HAs identified by HUD with certain civil
rights or major program violations are ineligible to apply.
Rental vouchers under this subprogram will be administered in
conjunction with existing community planning processes for housing
assistance and supportive services for persons with HIV/AIDS. This
connection will provide greater program efficiencies, reduce the need
for additional planning mechanisms, ensure coordination of the program
with other current related efforts and help ensure an appropriate
response to the person's or family's individual housing and related
service needs. The HOPWA grantee must ensure that the supportive
service component will be made available for the term of the Section 8
funding.
(a) Definitions.
The definition of family for the purposes of this set-aside is a
definition similar to that established for the Housing Opportunities
for Persons with AIDS (HOPWA) program at 24 CFR 574.3.
``Family'' means a household composed of two or more related
persons. The term family also includes one or more eligible persons
living with another person or persons who are determined to be
important to their care or well being, and the surviving member or
members of any family described in this definition who were living in a
unit assisted under this program with the person with AIDS at the time
of his or her death.
While the Department expects that most families who apply for this
set-aside will be single persons, the families of eligible persons may
also be assisted. 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
selected to participate in the set-aside.
(b) HOPWA Grantee Responsibilities. The grantee for the 1995 HOPWA
formula allocation, or its designated representative, will have
responsibilities that include:
(i) planning for the use of this set-aside in coordination with HAs
and existing HIV/AIDS housing and services programs and providers in
the entitlement area, including participation by persons living with
HIV/AIDS and their families;
(ii) establishing participation agreements with HAs to implement
this initiative; if more than one HA in an area will be participating,
deciding how to suballocate available funding for the service area
between or among the participating HAs;
(iii) establishing participation agreements with community-based
organizations as service providers to implement this initiative; these
agreements can be used to implement a plan for the provision of
supportive services, including outreach to identify eligible persons
and assistance in locating and securing suitable housing, ongoing case
management, health-care [[Page 12054]] and other services; these
services will be funded from sources other than this program; and
(iv) coordinating the submission of an application to HUD for its
service area that designates the participating HA(s) and community-
based organizations and is responsive to the criteria established in
the Application Submission Requirements of this notice.
(c) HA Responsibilities. HAs are responsible for administering the
rental voucher program in accordance with HUD regulations and
requirements, including:
(i) conducting initial and periodic Housing Quality Standards
inspections and contracting with landlords;
(ii) reviewing the Section 8 waiting list to determine if there are
any individuals already on the waiting list who may be eligible for the
Section 8 set-aside for persons with HIV/AIDS who are homeless or at
risk or homelessness and referring them to service providers;
(iii) after proper verification of Section 8 eligibility of
individuals referred by the service providers, adding individuals to
the Section 8 waiting list and issuing rental vouchers;
(iv) amending its administrative plan and equal opportunity housing
plan to provide for a preference for persons with HIV/AIDS to
participate in the Section 8 set-aside for persons with HIV/AIDS in a
number equal to the number of rental vouchers provided under this
subprogram for the area;
(v) provide technical assistance to service providers and others in
understanding and utilizing this Section 8 set-aside; and
(vi) maintaining records and providing information for evaluation
purposes, as required by HUD.
(d) Service Provider Responsibilities. Community-based
organizations that provide housing and/or services may agree to
undertake responsibilities which include:
(i) providing outreach to identify participants who are eligible
for the Section 8 set-aside for persons with HIV/AIDS who are homeless
or at risk of homelessness;
(ii) assisting HAs in verifying income and other eligibility
criteria;
(iii) referring eligible individuals to the HAs for determination
of Section 8 eligibility and placement on the Section 8 waiting list;
(iv) providing or assisting clients in arranging for supportive
services and health care as needed, such as case management,
counseling, day care, outpatient health services, in-home nursing care,
hospitalization and hospice care;
(v) providing housing search assistance, assistance in securing
housing, move-in assistance and housing counseling as appropriate; and
(vi) maintaining records and providing information for evaluation
purposes, as required by HUD.
(e) Participant Eligibility. Eligible person means a person with
acquired immunodeficiency syndrome (AIDS) or infection with the human
immunodeficiency virus (HIV) and his or her family who qualify as very
low-income. Assistance will be provided on a priority basis to eligible
persons who are homeless and on a lower priority basis to eligible
persons who are at risk of homelessness. Programs may target assistance
to eligible persons based on additional criteria of need, such as need
for higher levels of care or disabling conditions, but not persons
institutionalized or hospitalized.
(f) Rental Voucher Assistance. HAs must administer this program in
accordance with HUD's regulations governing the Section 8 rental
voucher and certificate programs. The HA may issue a rental certificate
instead of a rental voucher to an individual selected to participate in
the initiative if the individual requests a rental certificate and the
HA has one available. If Section 8 assistance for a participant under
this demonstration ends during the five-year term of the ACC for the
Section 8 rental vouchers provided under this demonstration, the rental
assistance must be reissued to another eligible person with HIV/AIDS.
In order to receive rental assistance provided under this Section 8
set-aside, a person or family must:
(i) have been identified by a participating service provider as
meeting the program criteria and referred to a participating HA and
placed on its Section 8 waiting list; or
(ii) have been identified by the HA from the Section 8 waiting list
as an eligible person and referred to a participating service provider.
(C) Allocation Amounts for Persons With HIV/AIDS
This NOFA provides approximately $103 million for approximately
3,000 rental vouchers set aside for persons with HIV/AIDS and their
families who are homeless or at risk of homelessness. The rental
vouchers are allocated to 66 areas that have had the greatest number of
reported cases of AIDS and in which community planning, housing
assistance and supportive services are being provided by the
governmental agency that is administering the Housing Opportunities for
Persons with AIDS (HOPWA) program in the area. This notice allocates
rental voucher budget authority based on the HOPWA formula allocation
established by the AIDS Housing Opportunities Act (42 U.S.C. 12901).
That formula provides a mechanism to provide assistance to areas that
have the highest numbers of reported cases of AIDS and to metropolitan
areas that have a higher-than-average incidence of AIDS within their
population. The Act also recognizes the need for the coordinated
response to AIDS within the metropolitan area or within a State. In FY
95, HOPWA formula allocations were made to 66 grantees, including 43
qualifying cities in Eligible Metropolitan Statistical Areas (EMSA) and
23 States for areas outside of these EMSAs. Rental vouchers under this
subprogram are allocated based on this formula for the areas listed in
Attachment 3, arranged by HUD Offices.
(D) Application Submission Requirements for Persons With HIV/AIDS
Subprogram
Each HA must submit the items identified in Section I.(D) of the
NOFA, Application Submission Requirements--General, and this section of
the NOFA for Persons with HIV/AIDS. If more than one HA is designated
by the HOPWA grantee to administer the rental vouchers, each HA must
submit the required information under Section VII.(D)(1).
(1) Need for Subprogram for Persons with AIDS
The application must describe the need for a rental assistance
program targeted to persons with HIV/AIDS and their families who are
homeless or at risk of homelessness as evidenced by data which show the
unmet need in the area to be served.
(2) Program Implementation
The application must describe the timely implementation of a plan
that will result in eligible participants finding permanent housing.
The plan must have all of the following elements and must link all the
elements in a consistent framework:
(a) the participating HA(s) and participating community-based
organizations providing services are identified;
(b) the proposed outreach and selection efforts ensure that the
targeted population in the area to be served is served;
(c) the plan provides housing search assistance that will help
eligible persons obtain appropriate housing; and
(d) the plan describes an evaluation component that will result in
an [[Page 12055]] evaluation of program effectiveness by the HOPWA
grantee, the participating HA, and the participating community-based
organizations undertaking housing-related activities.
(3) Linkage to Supportive Services
The application must demonstrate that supportive services will be
made available to meet the needs of the targeted population. This is
evidenced by:
(a) the identification of participating community-based
organization(s);
(b) the identification of supportive services that are appropriate
to the needs of the population proposed to be served;
(c) a description of procedures to ensure that participants have
access to these services; and
(d) 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.
(4) Application Revisions After Submission to HUD
HUD will provide the applicant an opportunity to revise its
application after submission to HUD in response to specific written
comments from HUD. The joint applicants will have a thirty calendar day
period from the date of HUD's letter to satisfy all issues with HUD.
Applicants will be allowed to respond to HUD comments more than once
during the thirty calendar day correction period so long as the
negotiations are completed by the thirty calendar day deadline.
(E) Corrections to Deficient Applications for Persons With HIV/AIDS
Subprogram
(1) Acceptable Applications
See Section VII.(D)(4) of this NOFA for the applicable provisions.
(2) Unacceptable Applications
The 14 calendar day technical correction period does not apply to
this NOFA. See Section VII.(D)(4) of this NOFA for the applicable
provisions.
(F) Application Selection Process for Persons With HIV/AIDS Subprogram
The funds available under this NOFA are being awarded on a formula
basis as listed in Attachment 3 of the NOFA. Applications will be
reviewed by the HUD Office to determine whether or not they are
technically adequate and responsive to the application submission
criteria based on the NOFA requirements. To expedite the review of
applications and the award of funds under this subprogram, the HUD
Office may initiate its review of any application received prior to the
deadline established for submission.
The Office of Public Housing in the HUD Office will initially
screen all applications to determine if an application is complete,
technically adequate and responsive to the general application
selection requirements. The Community Planning and Development (CPD)
Office for the area will review the application to determine if an
application is responsive to the criteria for need, program
implementation, and quality of supportive services. If an application
is found to be unresponsive to a criterion, the HUD Office will notify
the applicant of its finding and permit the applicant to revise the
application as provided in Section VII.(D)(4).
The HUD Office of Public Housing will approve applications that are
technically adequate and responsive applications. If a local HA and
HOPWA grantee do not submit a joint application by the deadline date
specified in the NOFA, or if its application is disapproved, the
allocation for that HOPWA jurisdiction will be reallocated to another
HOPWA jurisdiction within the same State. If no other HOPWA grantee
within the same State applied, the allocation will be reallocated to
HOPWA grantees in other States.
VIII. Subprogram for Homeless Families
(A) Application Deadline Date for Homeless Families Subprogram
The deadline date for applications for the set-aside of rental
vouchers and certificates for Homeless Families is listed in Section
I.(B) of the NOFA.
(B) Purpose and Substantive Description of the Homeless Families
Subprogram
(1) General
The two subprograms for Homeless Families and for Persons with HIV/
AIDS together provide approximately $514 million in budget authority
for an estimated 15,000 rental vouchers and certificates for homeless
Americans. Approximately $411 million, or 12,000 rental vouchers and
certificates, will be made available to provide rental assistance to
homeless families living in transitional housing or emergency shelters.
Approximately $103 million, or 3,000 rental vouchers and certificates
will be set-aside for persons with HIV/AIDS and their families who are
homeless or who are at risk of homelessness. These allocations of
Section 8 budget authority will each be allocated by formula as
described in the NOFA.
Communities across the country are developing or refining
comprehensive homeless assistance strategies following the continuum of
care approach. The fundamental components of a continuum of care system
include: an emergency shelter/needs assessment to identify an
individual's or family's needs; transitional housing and appropriate
supportive services to help those individuals and families who are not
prepared to make the transition to permanent housing and independent
living; and permanent housing or permanent supportive housing.
Permanent housing resources are essential to the success of efforts to
alleviate homelessness. Homeless individuals and families who lack
these resources become trapped in emergency shelters and transitional
housing, occupying space and using limited resources that could benefit
other homeless persons.
This program is designed to support local homeless assistance
strategies by providing Section 8 rental vouchers and certificates to
assist homeless families who are currently living in transitional
housing or emergency shelters and are immediately ready for permanent
housing. The program is also designed to ensure that the homeless
families moving to permanent housing will receive appropriate
assistance in finding housing, moving into the permanent housing,
adjusting to their new surroundings, and obtaining needed services,
such as day care. These services will help the formerly homeless
families remain in permanent housing and avoid future homelessness.
The program depends on a partnership between the HA, the ESG
jurisdiction, and homeless provider organizations. Homeless provider
organizations identified to participate in the set-aside program must
be chosen through a community-wide process. The ESG jurisdiction and
the homeless provider organizations will be responsible for providing
housing counseling, follow-up and other supportive services to
participating families as needed for stabilization in permanent
housing. The homeless provider organizations will identify the homeless
families currently living in transitional housing or emergency shelters
that are immediately ready for permanent housing. The homeless provider
organizations will certify to the HA that the families meet the
``immediately ready for permanent housing'' definition. The HA will
provide rental assistance based on the criteria established in this
NOFA.
(2) Definitions
(a) Emergency Shelter Grant Jurisdictions. [[Page 12056]]
An ESG jurisdiction is a State, metropolitan city or urban county
that is eligible to receive a FY 95 grant under the Emergency Shelter
Grants Program, as described in 24 CFR 576.43.
(b) Homeless Provider Organizations.
An organization, including non-profits and others, that delivers
housing search assistance and other services to homeless persons and
families.
(c) Immediately Ready for Permanent Housing.
A family, that prior to receipt of rental assistance under this
NOFA, has received an intensive needs assessment to determine if the
family is immediately ready for permanent housing. Specifically, a
family that is immediately ready for permanent housing has:
(i) needs that were appropriately addressed through a transitional
housing program; or
(ii) needs that can be addressed by receiving appropriate services
and/or treatment in permanent housing; and
(iii) the life skills needed to succeed in the rental assistance
program.
(3) ESG Grantee Responsibilities
The ESG grantee is responsible for initiating the community-wide
process and forming the partnership with the HA as well as identifying
and involving homeless provider organizations. The ESG grantee is
responsible for coordinating the joint application with the HA. The ESG
grantee as part of the ongoing partnership is responsible for ensuring
that eligible homeless participants are being served in the program.
The ESG grantee is also responsible for ensuring that housing search
assistance and stabilization services are being provided by the
homeless provider organizations.
(4) Housing Agency Responsibilities
HAs are responsible for administering the rental voucher program in
accordance with HUD regulations and requirements, including:
(a) conducting initial and periodic Housing Quality Standards
inspections and contracting with landlords;
(b) reviewing the Section 8 waiting list to determine if there are
any individuals already on the Section 8 waiting list who may be
eligible for the Section 8 set-aside for Homeless Families and
referring them to homeless provider organizations;
(c) after proper verification of Section 8 eligibility of
individuals referred by the homeless provider organization, adding
individuals to the Section 8 waiting list and issuing rental vouchers
or certificates;
(d) amending its administrative plan and equal opportunity housing
plan to provide for a preference for Homeless Families referred by
homeless provider organizations that meet the ``immediately ready for
permanent housing'' requirement to participate in the Section 8 set-
aside for Homeless Families in a number equal to the number of rental
vouchers and certificates provided under this subprogram for the area;
(e) providing technical assistance to homeless provider
organizations and others in understanding and utilizing this Section 8
set-aside; and
(f) maintaining records and providing information for evaluation
purposes, as required by HUD.
(5) Homeless Provider Organization Responsibilities
The homeless provider is responsible for identifying and referring
eligible families that are immediately ready for permanent housing and
for providing housing counseling and the family stabilization services.
HUD does not define those services in this NOFA although the services
should be adequate to meet the needs of the families during their
search for permanent housing and the ensuing adjustment period after
moving into permanent housing. These services may include move-in
assistance, housing counseling, services to help the family adjust to
new surroundings and connecting to community-based services and/or
treatment, and any other services needed to allow the family to remain
in permanent housing.
(C) Allocation Amounts for Homeless Families Subprogram
The Department will make available approximately $411 million in
budget authority to support an estimated 12,000 rental vouchers and
certificates. The Department has decided to allocate the rental
assistance budget authority for the Homeless Families subprogram to
each jurisdiction that is eligible to receive an Emergency Shelter
Grant (ESG) program allocation for FY 95. Attachment 4 to this NOFA
lists the ESG jurisdictions and the allocation of budget authority for
use in each jurisdiction based on the FY 95 ESG formula. The ESG
formula was modified to ensure that 75 percent of the budget authority
is allocated for use in ESG metropolitan cities and urban counties and
25 percent of the budget authority is allocated for use by states in
other jurisdictions not receiving a direct formula allocation under
this NOFA.
(D) Application Submission Requirements for Homeless Families
Subprogram
The HA, in conjunction with the ESG jurisdiction, must submit the
items identified in Section I(D) of the NOFA, Application Submission
Requirements--General, and must include the descriptions required by
this section and explained in further detail in the Application
Selection section.
(1) Joint Application
HUD will make a set-aside of rental assistance budget authority for
Homeless Families only if there is a joint application by the housing
agency (HA) and the ESG jurisdiction that describes the partnership
among the HA, the ESG jurisdiction and homeless provider organizations
and describes the community-wide process for involving homeless
provider organizations in the program. The application must demonstrate
evidence of an agreement between the ESG jurisdiction and the HA(s)
spelling out the responsibilities of the respective parties to achieve
the objective of this NOFA. Homeless provider organizations help the
ESG jurisdiction identify and refer homeless families to the HA and
provide needed housing counseling and supportive services. At the time
of application, participating homeless provider organizations may be
identified, but this is not required. Any HA that has the legal
authority to operate a rental assistance program within the ESG
jurisdiction may submit, in conjunction with the ESG jurisdiction, an
application in order to receive the available rental vouchers or
certificates.
(2) Application Content
Each ESG jurisdiction must initiate, as a part of the application
preparation, a community-wide process to involve homeless provider
organizations in the development and implementation of the set-aside
program. Each applicant must:
(a) Describe the Community-wide Process.
Describe the community-wide process used to involve homeless
provider organizations in the planning and implementation of the rental
assistance program. The application must also describe how
participating homeless provider organizations, that will enter into
agreements to provide services, have been or will be identified through
a request for proposals process or other form of selection.
(b) Identify Eligible Homeless Families.
The method that will be used to identify and refer to the HA
homeless [[Page 12057]] families currently living in emergency shelters
or transitional housing within the ESG jurisdiction, who are
``immediately ready for permanent housing'' as defined in this NOFA.
(c) Section 8 Waiting List.
The method that the homeless provider organizations and the HA will
use to verify and ensure that each identified family meets the
``immediately ready'' criteria and is either on the Section 8 waiting
list or will be added to the waiting list.
(d) Involvement of Homeless Provider Organizations.
Describe the agreements with homeless provider organizations that
will ensure each family receiving Section 8 rental assistance under
this NOFA will receive the following:
(i) Housing search assistance, assistance in securing housing,
move-in assistance and housing counseling, as appropriate;
(ii) Stabilization services for a minimum of six months to assist
the family in adjusting to their new surroundings and connecting to
community-based services and/or treatment, as appropriate; and
(iii) Other community-based services and/or treatment as needed to
allow the family to remain in permanent housing.
(e) Project-Based Assistance. The method that will be used to
determine what amount, if any, of the rental certificate funding is
proposed to be used for project-based rental assistance for Single Room
Occupancy (SRO) in accordance with 24 CFR part 882, subpart G, Project-
Based Certificate Assistance rules.
(3) Application Revisions After Submission to HUD
HUD will provide the applicant an opportunity to revise its
application after submission to HUD in response to specific written
comments from HUD. The joint applicants will have a thirty calendar day
period from the date of HUD's letter to satisfy all issues with HUD.
Applicants will be allowed to respond to HUD comments more than once
during the thirty day correction period so long as the negotiations are
completed by the thirty calendar day deadline.
(E) Corrections to Deficient Applications for Homeless Families
Subprogram
(1) Acceptable Applications
See Section VIII.(D)(3) of this NOFA for the applicable provisions.
(2) Unacceptable Applications
The 14 day technical correction period does not apply to this NOFA.
See Section VIII.(D)(3) of this NOFA for the applicable provisions.
(F) Application Selection Process for Homeless Families Subprogram
The funds available under this NOFA are being allocated on a
formula basis as listed in Attachment 4 of the NOFA. Applications will
be reviewed by the HUD Office to determine whether or not they are
technically adequate and responsive to the application submission
criteria based on the NOFA requirements. To expedite the review of
applications and the award of funds under this subprogram, the HUD
Office may initiate its review of any application received prior to the
deadline established for submission.
The Office of Public Housing in the HUD Office will initially
screen all applications to determine if an application is complete,
technically adequate and responsive to the general application
selection requirements. The Community Planning and Development (CPD)
Office will review the application to determine if an application is
responsive to the application submission requirements including
consistency with the locality's homeless assistance strategy, adequacy
of community-wide process, and the procedures for assisting homeless
families. If an application is found to be unresponsive, the HUD Office
will notify the applicant of its finding and permit the applicant to
revise the application as provided in Section VIII.(D)(3).
The HUD Office of Public Housing will approve HA applications that
are technically adequate and responsive. If any local HA and ESG
jurisdiction does not submit a joint application by the due date
specified in the NOFA, or if its application is disapproved, the
allocation for that ESG jurisdiction will be reallocated to the State
in which the jurisdiction is located. If a State does not apply by the
due date, or if its application is disapproved, the allocation for that
State will be reallocated to other States receiving allocations.
IX. Other Allocations
In addition to the budget authority for ``fair share'' rental
vouchers and rental certificates, additional budget authority
(including carryover budget authority) is available for allocation in
Fiscal Year 1995 for rental vouchers and rental certificates for the
following purposes:
(A) Relocation, Demolition and Disposition and Replacement Housing
(HOPE I, II, Section 5(h), Section 18, and HOPE VI and ``OPT-OUTS''
Headquarters will assign funds directly to the HUD Offices to
assist families living in public housing projects that are being
demolished or disposed of with HUD approval; to provide replacement
housing in connection with Section 18, HOPE VI, or Section 5(h)
activities; or relocation assistance to families affected by HOPE I,
HOPE II, and Section 5(h) activities; or assistance to non-purchasing
families affected by HOPE II activities. Headquarters will also assign
funds directly to HUD Offices to assist families living in a Section 8
New Construction or Substantial Rehabilitation, or Loan Management Set-
Aside Projects, where the Section 8 Housing Assistance Payments
Contract ends. HUD Office requests for funding under this category will
be approved on a first-come, first-served basis. HUD Office requests
should include all data pertinent to determining the eligibility of the
request for funding under the appropriate program and the amount of
funds required. Replacement housing assistance will be provided in the
form of 5-year rental voucher or rental certificate funding.
(Approximately 9,425 units and $323 million in budget authority.)
(B) Rental Voucher and Rental Certificate Renewals
Headquarters will allocate funds directly to the HUD Offices for
the renewal of rental voucher and rental certificate funding increments
expiring in Fiscal Year 1995. Renewal funding will be provided in-kind
(i.e., rental voucher funding for expiring rental voucher increments,
and rental certificate funding for expiring rental certificate
increments). (Approximately 126,000 units and $2.9 billion in budget
authority.)
(C) Section 23 Conversions
Headquarters will allocate rental certificate funds directly to the
HUD Offices for tenant-based rental assistance to residents of Section
23 leased housing for which leases are expiring. HUD Office requests
for funding under this category will be approved on a first-come,
first-served basis. HUD Offices must include all data necessary to
determine the amount of funds required. (Approximately 320 units and
$6.5 million in budget authority.) [[Page 12058]]
(D) Section 8 Amendments
Headquarters will allocate Rental Certificate Program cost
amendments to provide budget authority increases to HA rental
certificate programs. Headquarters will allocate the funds on an as
needed basis. (Approximately $185 million in budget authority.)
(E) Housing Agency Portability Fees
Headquarters will allocate these funds to pay special preliminary
fees to HAs under Rental Voucher and Rental Certificate Program
portability provisions. The Department issued a HUD Notice PIH 92-14
(PHA), dated April 22, 1992, that describes administrative procedures
for requesting the special preliminary fees. These funds will be
allocated to the HAs on a first-come, first-served basis.
(Approximately $9.5 million in budget authority.)
(F) Headquarters Reserve
Headquarters will retain in the Headquarters Reserve sufficient
funding to meet the requirements for the following purposes: (1)
Natural disasters, (2) other housing emergencies, (3) litigation, and
(4) desegregation of public housing. (Approximately 4,300 units and
$151 million in budget authority.)
(G) Property Disposition
Headquarters will assign funds directly to the HUD Offices to
assist families living in a HUD-owned property when it is sold. HUD
Office requests for funding under this category will be approved on a
first-come, first-served basis. (Approximately 900 units and $30
million in budget authority.)
(H) FY 94 NOFA for Homeless Persons With Disabilities
HUD published a NOFA for a FY 94 Section 8 Rental Voucher Set-Aside
for Homeless Persons with Disabilities on February 1, 1994. The
February 1, 1994 NOFA is independent of any subprogram funding
published in this NOFA. HUD expects to issue the funds shortly to the
HUD State and Area Offices for reservation of those funds for the HAs
selected under the February 1, 1994 NOFA.
(I) FY 94 NOFA for Homeless Veterans With Severe Psychiatric or
Substance Abuse Disorders
HUD published a NOFA for the FY 94 Section 8 Rental Voucher Set-
Aside for Homeless Veterans with Severe Psychiatric or Substance Abuse
Disorders on July 14, 1994. The July 14, 1994 NOFA is independent of
any subprogram funding published in this NOFA. HUD expects to issue the
funds shortly to the HUD State and Area Offices for reservation of
those funds for the HAs selected under the July 14, 1994 NOFA.
(J) FY 94 NOFA for Family Unification
HUD published a NOFA for the FY 94 Family Unification Program on
August 29, 1994. The August 29, 1994 NOFA is independent of any
subprogram funding published in this NOFA. HUD expects to issue the
funds shortly to the HUD State and Area Offices for reservation of
those funds for the HAs selected under the August 29, 1994 NOFA.
(K) FY 94 NOFA for FSS Service Coordinators
HUD published a NOFA for the Family Self-Sufficiency (FSS) Service
Coordinators for the Section 8 Rental Certificate and Rental Voucher
Programs on August 29, 1994. The August 29, 1994 NOFA is independent of
any subprogram funding published in this NOFA. HUD expects to issue the
funds shortly to the HUD State and Area Offices for reservation of
those funds for the HAs selected under the August 29, 1994 NOFA.
X. Other Matters
(A) Environmental Impact
A Finding of No Significant Impact with respect to the environment
for all funding available under this NOFA 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 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. This notice is a
funding notice and does not substantially alter the established roles
of the Department, 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) Section 102 of the HUD Reform Act: Documentation and Public Access
Requirements
HUD will ensure that documentation and other information regarding
each application submitted pursuant to this NOFA are sufficient to
indicate the basis upon which assistance was provided or denied. This
material, including any letters of support, will be made available for
public inspection for a five-year period beginning not less than 30
calendar 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.)
(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)
(Reform Act) is 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 [[Page 12059]] (202) 708-3815 (TDD/Voice). (This is not a toll-
free number.) The Office of Ethics can provide information of a general
nature to HUD employees, as well. However, a HUD employee who has
specific program questions, such as whether particular subject matter
can be discussed with persons outside the Department, should contact
his or her HUD Office Counsel, or Headquarters counsel for the program
to which the question pertains.
(F) Prohibition Against Lobbying Activities
The use of funds awarded under this NOFA is subject to the
disclosure requirements and prohibitions of section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the
implementing regulations at 24 CFR part 87. These authorities prohibit
recipients of Federal contracts, grants, or loans from using
appropriated funds for lobbying the Executive or Legislative Branches
of the Federal Government in connection with 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.
(G) Section 112 of the HUD Reform Act
Section 112 of the HUD Reform Act added a new section 13 to the
Department of Housing and Urban Development Act (42 U.S.C. 3537b).
Section 13 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 22912). 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. Any questions about the rule should be forwarded to the
Director, Office of Ethics, room 2158, Department of Housing and Urban
Development, 451 Seventh Street, S.W., Washington, D.C. 20410-3000.
Telephone: (202) 708-3815 (TDD/Voice) (this is not a toll-free number.)
Forms necessary for compliance with the rule may be obtained from the
local HUD office.
Dated: February 6, 1995.
Michael B. Janis,
General Deputy Assistant Secretary for Public and Indian Housing.
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[FR Doc. 95-5184 Filed 2-28-95; 8:45 am]
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