[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Pages 27600-27610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12715]




[[Page 27599]]

_______________________________________________________________________

Part II





Department of Housing and Urban Development





_______________________________________________________________________



Supportive Housing for Persons With Disabilities; Fund Availability; 
Notice

  Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / 
Notices    
[[Page 27600]] 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner
[Docket No. N-95-3904; FR-3903-N-01]


Notice of Fund Availability (NOFA) for Supportive Housing for 
Persons With Disabilities

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Notice of fund availability for Fiscal Year (FY) 1995.

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

SUMMARY: This NOFA announces HUD's funding for supportive housing for 
persons with disabilities. This document describes the following: (a) 
The purpose of the NOFA and information regarding eligibility, 
submission requirements, available amounts, and selection criteria; and 
(b) application processing, including how to apply and how selections 
will be made.

APPLICATION PACKAGE: The Application Package can be obtained from the 
Multifamily Housing Clearinghouse, P.O. Box 6424, Rockville, MD 20850, 
telephone 1-800-685-8470; and from the appropriate HUD Office 
identified in appendix A to this NOFA. The Application Package includes 
a checklist of steps and exhibits involved in the application process.

DATES: The deadline for receipt of applications in response to this 
NOFA is 4 p.m. local time on July 24, 1995. The application deadline is 
firm as to date and hour. In the interest of fairness to all 
applicants, HUD will not consider any application that is received 
after the deadline. Sponsors should take this into account and submit 
applications as early as possible to avoid the risk of unanticipated 
delays or delivery-related problems. In particular, Sponsors intending 
to mail applications must provide sufficient time to permit delivery on 
or before the deadline date. Acceptance by a Post Office or private 
mailer does not constitute delivery. Facsimile (FAX), COD, and postage 
due applications will not be accepted.

ADDRESSES: Applications must be delivered to the Director of the 
Multifamily Housing Division in the HUD Office for your jurisdiction. A 
listing of HUD Offices, their addresses, and telephone numbers is 
attached as appendix A to this NOFA. HUD will date and time stamp 
incoming applications to evidence timely receipt, and upon request will 
provide the applicant with an acknowledgement of receipt.

FOR FURTHER INFORMATION CONTACT: The HUD Office for your jurisdiction, 
as listed in appendix A to this NOFA.
SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

    The information collection requirements contained in this NOFA have 
been approved by the Office of Management and Budget (OMB), under 
section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-
3520), and assigned OMB Control Number 2502-0267.

I. Purpose and Substantive Description

A. Authority

    Section 811 of the Cranston-Gonzalez National Affordable Housing 
Act (the NAHA) (Pub. L. 101-625, approved November 28, 1990), as 
amended by the Housing and Community Development Act of 1992) (HCD Act 
of 1992) (Pub. L. 102-550, approved October 28, 1992), authorized a new 
supportive housing program for persons with disabilities, and replaced 
assistance for persons with disabilities previously covered by section 
202 of the Housing Act of 1959 (section 202 continues, as amended by 
section 801 of the NAHA, and HCD Act of 1992, to authorize supportive 
housing for the elderly). HUD provides the assistance as capital 
advances and contracts for project rental assistance in accordance with 
24 CFR part 890. Capital advances may be used to finance the 
construction, rehabilitation, or acquisition with or without 
rehabilitation, including acquisition from the Resolution Trust 
Corporation (RTC), of structures to be developed into a variety of 
housing options ranging from group homes and independent living 
facilities, to dwelling units in multifamily housing developments, 
condominium housing, and cooperative housing. Acquisition without 
rehabilitation is permitted only for group homes or properties acquired 
from the RTC. This assistance may also cover the cost of real property 
acquisition, site improvement, conversion, demolition, relocation, and 
other expenses that the Secretary determines are necessary to expand 
the supply of supportive housing for persons with disabilities.
    For supportive housing for persons with disabilities, the 
Departments of Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Act, 1995 (Pub. L. 103-327, 
approved September 28, 1994) provides $387,000,000 for capital advances 
for supportive housing for persons with disabilities, as authorized by 
section 811 of the NAHA, and for project rental assistance, and 
amendments to contracts for project rental assistance, for supportive 
housing for persons with disabilities, as authorized by section 811 of 
the NAHA.
    In accordance with an agreement between HUD and the Administration 
for Rural Housing and Economic Development Services (ARHEDS) (formerly 
the Farmers Home Administration (FmHA)), which facilitates the 
coordination between the two agencies in administering their respective 
rental assistance programs, HUD is required to notify ARHEDS of 
applications for housing assistance it receives. This notification 
gives ARHEDS the opportunity to comment if it has concern about the 
demand for additional assisted housing and possible harm to existing 
projects in the same housing market area. HUD will consider the ARHEDS 
comments in its review and project selection process.

B. Allocation Amounts

    In accordance with 24 CFR part 791, the Assistant Secretary will 
allocate the amounts available for capital advances for supportive 
housing for persons with disabilities. HUD reserves project rental 
assistance funds sufficient for 20-year project rental assistance 
contracts in support of the units selected for capital advances, 
consistent with current operating cost standards.
    The allocation formula for Section 811 funds consists of the 
following two data elements:
    1. A measure of the number of persons identified as having a public 
transportation disability; and
    2. A measure of the number of persons identified as having a work 
disability.
    Due to the elimination of the 10 HUD Regional Offices, the Section 
811 capital advance funds have been allocated, based on the formula 
above, to 51 HUD Offices as shown on the following chart:

                                                                        
[[Page 27601]]
  Fiscal Year 1995 Allocations for Supportive Housing for Persons With  
                              Disabilities                              
               [Fiscal Year 1995 Section 811 Allocations]               
------------------------------------------------------------------------
                                              Capital advance           
                  Offices                        authority       Units  
------------------------------------------------------------------------
New England:                                                            
    Massachusetts..........................        $4,053,040         52
    Connecticut............................         2,175,115         28
    New Hampshire..........................         1,202,081         20
    Rhode Island...........................         1,157,571         15
      Total................................         8,587,807        115
                                            ----------------------------
New York/New Jersey:                                                    
    New York...............................        12,284,104        158
    Buffalo................................         2,926,426         43
    New Jersey.............................         5,985,522         77
                                            ----------------------------
      Total................................        21,196,052        278
Mid-Atlantic:                                                           
    Maryland...............................         2,039,706         32
    West Virginia..........................         1,332,779         23
    Pennsylvania...........................         5,926,132         86
    Pittsburgh.............................         2,421,348         40
    Virginia...............................         2,107,107         40
    DC.....................................         2,160,322         33
                                            ----------------------------
      Total................................        15,987,394        254
Southeast/Caribbean:                                                    
    Georgia................................         3,452,517         68
    Alabama................................         2,683,292         51
    Caribbean..............................         2,695,997         41
    South Carolina.........................         2,175,093         40
    North Carolina.........................         4,583,069         70
    Mississippi............................         1,793,626         36
    Jacksonville...........................         8,103,682        143
    Kentucky...............................         2,353,307         42
    Knoxville..............................         1,222,748         24
    Tennessee..............................         1,507,819         30
                                            ----------------------------
      Total................................        30,571,150        545
Midwest:                                                                
    Illinois...............................         7,742,486        107
    Cincinnati.............................         1,389,418         24
    Cleveland..............................         3,445,072         54
    Ohio...................................         1,363,677         24
    Michigan...............................         4,268,202         67
    Grand Rapids...........................         1,056,716         19
    Indiana................................         2,819,986         49
    Wisconsin..............................         2,222,256         35
    Minnesota..............................         1,886,433         28
                                            ----------------------------
      Total................................        26,194,246        407
Southwest:                                                              
    Texas/New Mexico.......................         4,033,221         77
    Houston................................         2,361,150         44
    Arkansas...............................         1,452,576         31
    Louisiana..............................         2,497,047         49
    Oklahoma...............................         1,582,766         32
    San Antonio............................         2,057,581         41
                                            ----------------------------
      Total................................        13,984,341        274
Great Plains:                                                           
    Iowa...................................         1,150,920         22
    Kansas/Missouri........................         2,012,074         37
    Nebraska...............................           779,167         15
    St. Louis..............................         1,927,154         31
                                            ----------------------------
      Total................................         5,869,315        105
Rocky Mountains:                                                        
    Colorado...............................         2,629,947         46
                                            ----------------------------
      Total................................         2,629,947         46
Pacific/Hawaii:                                                         
    Hawaii (Guam)..........................         1,752,779         15
    Los Angeles............................        12,903,390        169
[[Page 27602]]
                                                                        
    Arizona................................         1,564,195         30
    Sacramento.............................         1,537,871         21
    California.............................         6,495,719         86
                                            ----------------------------
      Total................................        24,253,954        321
Northwest/Alaska:                                                       
    Alaska.................................         1,752,779         15
    Oregon.................................         1,759,232         29
    Washington.............................         2,159,783         32
                                            ----------------------------
      Total................................         5,671,794         76
                                            ============================
      National Total.......................       154,946,000      2,421
------------------------------------------------------------------------

C. Eligibility

    Nonprofit organizations are the only eligible applicants under this 
program. A single Sponsor shall not request more units in a given HUD 
Office than permitted for that HUD Office in the Invitation.

D. Initial Screening, Technical Processing, and Selection Criteria

1. Initial Screening
    HUD will review applications for section 811 capital advances that 
HUD receives at the appropriate address by 4:00 p.m. local time on July 
24, 1995 to determine if all parts of the application are included. HUD 
will not review the content of the application as part of initial 
screening. HUD will send deficiency letters, by certified mail, 
informing Sponsors of any missing parts of the application. Sponsors 
must correct such deficiencies within 14 calendar days from the date of 
the deficiency letter. Any document requested as a result of the 
initial screening may be executed or prepared within the deficiency 
period, except for Forms HUD-92016-CAs, Articles of Incorporation, IRS 
exemption rulings, Forms SF-424, Board Resolution committing the 
minimum capital investment, and site control documents (all of these 
excepted items must be dated no later than the application deadline 
date).

    Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE 
SERVICES CERTIFICATION AND THE CERTIFICATION OF CONSISTENCY WITH THE 
CONSOLIDATED PLAN AFTER THE APPLICATION DEADLINE BUT NO LATER THAN 
AUGUST 25, 1995. If these are the only deficiencies discovered 
during initial screening, affected Sponsors will not receive a 
deficiency letter.
2. Technical Processing
    All applications will be placed in technical processing upon 
receipt of the response to the deficiency letter or at the end of the 
14-day period. All applications will undergo a complete analysis. If a 
reviewer finds that clarification is needed to complete the review or 
an exhibit is missing that was not requested after initial screening, 
the reviewer shall immediately advise the Multifamily Housing 
Representative, who will: (a) Request, by telephone, that the Sponsor 
submit the information within five (5) working days; and (b) follow up 
by certified letter. Communications must be attached to the technical 
review and findings memorandum. As part of this analysis, HUD will 
conduct its environmental review in accordance with 24 CFR part 50 only 
on those applications containing satisfactory evidence of site control.
    Examples of reasons for technical processing rejection include an 
ineligible Sponsor, ineligible population to be served, lack of legal 
capacity, or a Supportive Services Certification on which the 
appropriate State or local agency indicated that the provision of 
services is not well-designed to meet the needs of persons with 
disabilities, or that the Sponsor did not demonstrate sufficiently that 
supportive services will be provided on a consistent, long-term basis. 
The Secretary will not reject an application based on technical 
processing without giving notice of that rejection with all rejection 
reasons and affording the applicant an opportunity to appeal. HUD will 
afford an applicant 14 calendar days from the date of HUD's written 
notice to appeal a technical rejection to the HUD Office. The HUD 
Office must respond within five working days to the Sponsor. The HUD 
Office shall make a determination on an appeal prior to making its 
selection recommendations. All applications will be either rated or 
technically rejected at the end of technical processing.
    Technical processing will also assure that the Sponsor has complied 
with the requirements in the civil rights certification (24 CFR 
890.265(b)(9)(i)). There must not have been an adjudication of a civil 
rights violation in a civil action brought against the Sponsor by a 
private individual, unless the Sponsor is operating in compliance with 
a court order, or implementing a HUD-approved compliance agreement 
designed to correct the areas of noncompliance. There must be no 
pending civil rights suits against the Sponsor instituted by the 
Department of Justice, and no pending administrative actions for civil 
rights violations instituted by HUD (including a charge of 
discrimination under the Fair Housing Act). There must be no 
outstanding findings of noncompliance with civil rights statutes, 
Executive Orders, or regulations, as a result of formal administrative 
proceedings, nor any charges issued by the Secretary against the 
Sponsor under the Fair Housing Act, unless the Sponsor is operating 
under a conciliation or compliance agreement designed to correct the 
areas of noncompliance. Moreover, there must not be a deferral of the 
processing of applications from the Sponsor imposed by HUD under Title 
VI of the Civil Rights Act of 1964, HUD's implementing regulations (24 
CFR 1.8), procedures (HUD Handbook 8040.1), and the Attorney General's 
Guidelines (28 CFR 50.3); or under section 504 of the Rehabilitation 
Act of 1973 and HUD's implementing regulations (24 CFR 8.57), and the 
Americans with Disabilities Act.
    Upon completion of technical processing, all acceptable 
applications will be rated according to the selection 
[[Page 27603]] criteria in 24 CFR 890.300(d) (also below in section 
I.D.3. of this NOFA). Applications that have a total score of 50 points 
or more will be eligible for selection and will be placed in rank 
order. These applications will be selected based on rank order to and 
including the last application that can be funded out of the local HUD 
Office's allocation. Local HUD Offices will no longer skip over any 
applications in order to select one based on the funds remaining. Any 
funds remaining after this process has been completed will be returned 
to Headquarters for selecting applications based on a national rank 
order.
3. Selection Criteria
    Applications for Section 811 capital advances that successfully 
complete technical processing will be rated using the following 
selection criteria:
    (a) The Sponsor's ability to develop and operate the proposed 
housing on a long-term basis, considering the following (70 points 
maximum--60 base points plus 10 bonus points):
    (1) The scope, extent, and quality of the Sponsor's experience in 
providing housing or related services to those proposed to be served by 
the project and the scope of the proposed project (i.e., number of 
units, services, relocation costs, development, and operation) in 
relationship to the Sponsor's demonstrated development and management 
capacity.(32 points);
    (2) The scope, extent, and quality of the Sponsor's experience in 
providing housing or related services to minority persons or families 
(8 points);
    (3) The scope, extent, and quality of the Sponsor's experience in 
providing opportunities for minority- and women-owned business 
enterprises participation (5 points);
    (4) Applications submitted by Sponsors whose boards are comprised 
of at least 51 percent persons with disabilities (5 bonus points);
    (5) The extent of local community support for the project and for 
the Sponsor's activities, including previous experience in serving the 
area where the project is to be located, and the Sponsor's demonstrated 
ability to enlist volunteers and raise local funds (15 points); and
    (6) The Sponsor's involvement of persons with disabilities 
(including minority persons with disabilities) in the development of 
the application, and its intent to involve persons with disabilities 
(including minority persons with disabilities) in the development of 
the project (5 bonus points).
    (b) The need for supportive housing for persons with disabilities 
in the area to be served, the extent to which the Sponsor has site 
control, suitability of the site, and the design of the project, 
considering (50 points maximum--40 base points plus 10 bonus points):
    (1) The extent of the need for the project in the area based on a 
determination by the HUD Office. This determination will be made by 
considering the Sponsor's evidence of need in the area based on the 
guidelines in Sec. 890.265(b)(18), as well as other economic, 
demographic, and housing market data available to the HUD Office. The 
data could include the availability of existing Federally assisted 
housing (HUD and ARHEDS) for persons with disabilities and current 
occupancy in such facilities, Federally assisted housing for persons 
with disabilities under construction or for which fund reservations 
have been issued, and, in accordance with an agreement between HUD and 
ARHEDS, comments from ARHEDS on the demand for additional assisted 
housing and the possible harm to existing projects in the same housing 
market area (8 points);
    (2) Applications containing acceptable evidence of control of an 
approvable site (10 bonus points);
    (3) The proximity or accessibility of the site to shopping, medical 
facilities, transportation, places of worship, recreational facilities, 
places of employment, and other necessary services to the intended 
occupants; adequacy of utilities and streets, and freedom of the site 
from adverse environmental conditions (site control projects only); and 
compliance with the site and neighborhood standards (15 points);
    (4) Suitability of the site from the standpoint of promoting a 
greater choice of housing opportunities for minority persons with 
disabilities (7 points); and
    (5) The extent to which the proposed design will meet any special 
needs of persons with disabilities the housing is intended to serve and 
will accommodate the provision of any necessary on-site supportive 
services for the proposed residents (10 points).
    (c) The project will be located within the boundaries of a 
Federally-designated Empowerment Zone, Urban Supplemental Empowerment 
Zone, Enterprise Community, or Urban Enhanced Enterprise Community (5 
bonus points).
    The maximum number of points an application can earn without bonus 
points is 100. An application can earn an additional 25 bonus points 
for a maximum total of 125 points.
II. Application Process

    All applications for Section 811 capital advances submitted by 
eligible Sponsors must be filed with the appropriate HUD Office 
receiving an allocation and must meet the requirements of this NOFA. No 
application will be accepted after 4 p.m. local time on July 24, 1995, 
unless that date and time is extended by a Notice published in the 
Federal Register. HUD will not accept applications received after that 
date and time, even if postmarked by the deadline date. Applications 
submitted by facsimile are not acceptable.
    Immediately upon publication of this NOFA, if names have not 
already been provided to the Multifamily Housing Clearinghouse, HUD 
Offices shall notify minority media and media for persons with 
disabilities, all persons and organizations on their mailing lists, 
minority and other organizations within their jurisdiction involved in 
housing and community development, and groups with special interest in 
housing for disabled households.
    Organizations interested in applying for a Section 811 capital 
advance should contact the Multifamily Housing Clearinghouse at 1-800-
685-8470 for a copy of the Application Package, and advise the 
appropriate HUD Office if they wish to attend the workshop described 
below. HUD encourages minority organizations to participate in this 
program as Sponsors. HUD Offices will advise all organizations on their 
mailing list of the date, time, and place of workshops at which HUD 
will explain the Section 811 program.
    HUD strongly recommends that prospective applicants attend the 
local HUD Office workshop. Interested persons with disabilities should 
contact the HUD Office to assure that any necessary arrangements can be 
made to enable their attendance and participation in the workshop. 
While strongly urged to do so, if Sponsors cannot attend a workshop, 
Application Packages can also be obtained from the Multifamily Housing 
Clearinghouse (see address and telephone number in the ``Application 
Package'' section, above). However, Sponsors must contact the 
appropriate HUD Office with any questions regarding the submission of 
applications and for any additional application requirements. At the 
workshops, HUD will distribute Application Packages and will explain 
application procedures and requirements. Also, HUD will address 
concerns such as local market conditions, building codes, historic 
preservation, floodplain management, [[Page 27604]] displacement and 
relocation, zoning, and housing costs.

III. Application Submission Requirements

A. Application

    Each application shall include all of the information, materials, 
forms, and exhibits listed in section III.B., below, of this NOFA (with 
the exception of applications submitted by Sponsors selected for a 
Section 811 fund reservation within the last three funding cycles), and 
must be indexed and tabbed. Previously selected Section 811 Sponsors 
are not required to submit the information described in B.2. (a), (b), 
and (c), below, of this NOFA (Exhibits 2.a., b., and c. of the 
application), which are the articles of incorporation (or other 
organizational documents), by-laws, and the IRS tax exemption, 
respectively. If there has been a change in any of the eligibility 
documents since its previous HUD approval, the Sponsor must submit the 
updated information in its application. The HUD Office will base its 
determination of the eligibility of a new Sponsor for a reservation of 
Section 811 capital advance funds on the information provided in the 
application. HUD Offices will verify a Sponsor's indication of previous 
HUD approval by checking the project number and approval status with 
the appropriate HUD Office. In addition to this relief of paperwork 
burden in preparing applications, applicants will be able to use 
information and exhibits previously prepared for prior applications 
under Section 811, Section 202, or other funding programs. Examples of 
exhibits that may be readily adapted or amended to decrease the burden 
of application preparation include, among others, those on previous 
participation in the Section 202 or Section 811 programs; applicant 
experience in the provision of housing and services; supportive 
services plan; community ties; and experience serving minorities.

B. General Application Requirements

    1. Form HUD-92016-CA, Application for Section 811 Supportive 
Housing Capital Advance.

    Note: A SPONSOR MAY APPLY FOR A SCATTERED SITE PROJECT PROVIDED 
EACH SITE CONTAINS THE SAME FACILITY TYPE (E.G., GROUP HOME, 
INDEPENDENT LIVING FACILITY, CONDOMINIUM UNIT). IF THE SPONSOR 
PROPOSES A MIX OF FACILITY TYPES, IT MUST SUBMIT ONE APPLICATION PER 
FACILITY TYPE.

    2. Evidence of each Sponsor's legal status as a nonprofit 
organization, including the following:
    (a) Articles of Incorporation, constitution, or other 
organizational documents;
    (b) By-laws;
    (c) IRS section 501(c)(3) tax exemption ruling (this must be 
submitted by all Sponsors, including churches). Previously, nonprofit 
organizations in Puerto Rico were exempt from this requirement provided 
they were exempt from income taxation under Puerto Rico law, have never 
been liable for payment of Federal income taxes, and do not pay 
patronage dividends. HUD has learned, however, that nonprofit 
organizations in Puerto Rico may apply and be granted IRS section 
501(c)(3) tax exemption rulings. This requirement also applies to 
nonprofit organizations in Guam. Therefore, to the extent permitted 
within the application period for this NOFA, Sponsors should pursue a 
tax exemption ruling under 501(c)(3). If a Sponsor is unable, after 
using its best efforts, to secure such a ruling, it may use the 
regulatory exemption described in this paragraph (c), above.

    Note: SPONSORS WHO HAVE RECEIVED A SECTION 811 FUND RESERVATION 
WITHIN THE LAST THREE FUNDING CYCLES ARE NOT REQUIRED TO SUBMIT THE 
DOCUMENTS DESCRIBED IN (a), (b), and (c), ABOVE. INSTEAD, SPONSORS 
MUST SUBMIT THE PROJECT NUMBER OF THE LATEST APPLICATION SUBMITTED 
AND THE HUD OFFICE TO WHICH IT WAS SUBMITTED. IF THERE HAVE BEEN ANY 
MODIFICATIONS OR ADDITIONS TO THE SUBJECT DOCUMENTS, INDICATE SUCH, 
AND SUBMIT THE NEW MATERIAL.

    (d) Resolution of the board, duly certified by an officer, that no 
officer or director of the Sponsor or Owner has or will have any 
financial interest in any contract with the Owner or in any firm or 
corporation that has or will have a contract with the Owner and that 
includes a current listing of all duly qualified and sitting officers 
and directors by title and the ending date of each person's term.
    (e) The number of people on the Sponsor's board and the number of 
those people who have a disability.
    3. Sponsor's purpose, community ties, and experience, including the 
following:
    (a) Description of Sponsor's purpose and current activities;
    (b) Description of Sponsor's ties to the community at large and to 
the disabled community in particular;
    (c) Description of Sponsor's housing and/or supportive services 
experience. The description should include any rental housing projects 
and/or medical facilities sponsored, owned, and operated by the 
Sponsor, the Sponsor's past or current involvement in any programs 
other than housing that demonstrates the Sponsor's management 
capabilities and experience, and the Sponsor's experience in serving 
persons with disabilities and minorities.
    (d) Description of Sponsor's experience in contracting with 
minority- and women-owned businesses, including a summary of the total 
amount awarded in each of the two categories for the preceding three 
years, and the percentage that amount represents of all contracts 
awarded by the Sponsor in the relevant time period;
    (e) A certified Board Resolution acknowledging responsibilities of 
sponsorship, long-term support of the project(s), willingness of 
Sponsor to assist the Owner to develop, own, manage and provide 
appropriate services in connection with the proposed project, and that 
it reflects the will of its membership. Also, evidence, in the form of 
a certified Board Resolution, of the Sponsor's willingness to fund the 
estimated start-up expenses, the Minimum Capital Investment (one-half 
of one-percent of the HUD-approved capital advance, not to exceed 
$10,000) (see Sec. 890.250), and the estimated cost of any amenities or 
features (and operating costs related thereto) that would not be 
covered by the approved capital advance;
    (f) Description, if applicable, of the Sponsor's efforts to involve 
persons with disabilities in the development of the application, as 
well as its intent to involve persons with disabilities in the 
development of the project.
    4. Project information including the following:
    (a) Evidence of need for supportive housing. An identification of 
the proposed population and evidence demonstrating sustained effective 
demand for the housing for the proposed population in the area to be 
served, such as a description of market conditions in existing 
Federally assisted housing for persons with disabilities (occupancy, 
waiting lists, etc.), State or local needs assessments of persons with 
disabilities in the area, the types of supportive services arrangements 
currently available in the area, and the use of such services as 
evidenced by data from local social service agencies.
    (b) Description of the project, including the following:
    (1) Number and type of structure(s), number of bedrooms if group 
home, number of units with bedroom distribution if independent living 
units (including condos), number of residents with disabilities, and 
resident staff per structure. [[Page 27605]] 
    (2) An identification of all community spaces, amenities, or 
features planned for the housing. A description of how the spaces, 
amenities, or features will be used, the extent to which they are 
necessary to accommodate any special needs of the proposed residents, 
and the provision of any on-site supportive services also must be 
included. If these community spaces, amenities, or features would not 
comply with the design and cost standards of Sec. 890.220, the Sponsor 
must demonstrate its ability and willingness to contribute both the 
incremental development cost and continuing operating cost associated 
with the community spaces, amenities, or features; and
    (3) Description of whether and how the project will promote energy 
efficiency, and, if applicable, innovative construction or 
rehabilitation methods or technologies to be used that will promote 
efficient construction.
    (c) A supportive services plan (a copy of which must be sent to the 
appropriate State or local agency as instructed in section IV.B., 
below, of this NOFA) that includes:
    (1) A detailed description of whether the housing is intended to 
serve persons with physical, mental, or emotional impairments, 
developmental disabilities, or chronic mental illness. Include how and 
from whom persons will be referred and admitted to the project. The 
Sponsor may, with the approval of the Secretary, limit occupancy within 
housing developed under this part to persons with disabilities who have 
similar disabilities and require a similar set of supportive services 
in a supportive housing environment.
    (2) A detailed description of any supportive service needs of the 
proposed population and the extent to which the supportive services 
will be needed.
    (3) The manner in which such services will be provided, either by 
residents taking responsibility for acquiring their own services, to 
the extent needed, on an individual basis, or by a comprehensive 
service plan organized by the Sponsor.
    (4) If services will be organized or provided by the Sponsor, 
include the following:
    (i) The name(s) of the agency(s) (if other than the Sponsor) that 
will be responsible for providing the supportive services;
    (ii) The evidence of each service provider's capability and 
experience in providing such supportive services;
    (iii) A description of how, when, how often, and where (on/off-
site) the services will be provided;
    (iv) A description of residential staff, if needed;
    (v) Identification of the extent of State and local funds to assist 
in the provision of supportive services;
    (vi) Letters of intent from service providers or funding sources, 
indicating commitments to fund or to provide the supportive services, 
or indication that a particular service will be available to proposed 
residents. If the Sponsor will be providing any supportive services or 
will be coordinating the provision of any of the supportive services, a 
letter indicating its commitment to either provide the supportive 
services or ensure their provision for the life of the project;
    (vii) If any State or local government funds will be provided, a 
description of the State or local agency's philosophy/policy concerning 
residential facilities for the population to be served, and a 
demonstration by the Sponsor that the application is consistent with 
State or local plans and policies governing the development and 
operation of facilities for the same disabled population.
    (5) If the proposed residents will be taking responsibility for 
acquiring their own supportive services, a description of appropriate 
services in the community from which the residents can choose.
    (6) Assurances that the proposed residents will receive supportive 
services based on their individual needs, and a commitment that 
accepting supportive services will not be a condition of occupancy.
    (7) Form HUD 92013E, Supplemental Application Processing Form--
Housing for Persons with Disabilities. Identify all supportive 
services, if any, to be provided to the persons occupying such housing.
    (d) Supportive Services Certification. A certification from the 
appropriate State or local agency identified in the Application Package 
that the provision of supportive services is well designed to serve the 
special needs of persons with disabilities, that the necessary 
supportive services will be provided on a consistent, long-term basis, 
and that the proposed facility is consistent with State or local plans 
and policies governing the development and operation of facilities to 
serve individuals of the proposed occupancy category. (The name, 
address, and telephone number of the appropriate agency can be obtained 
from the appropriate HUD Office.)

    Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE 
SERVICES CERTIFICATION AFTER THE APPLICATION DEADLINE DATE BUT NO 
LATER THAN AUGUST 25, 1995.

    (e) Evidence of control of an approvable site, or identification of 
a site for which the Sponsor provides reasonable assurances that it 
will obtain control within 6 months from the date of fund reservation 
(if Sponsor is approved for funding).
    (1) If the Sponsor has control of the site, it must submit the 
following information:
    (i) Evidence that the Sponsor has entered into a legally binding 
option agreement to purchase or lease the proposed site; or has a copy 
of the contract of sale for the site, a deed, long-term leasehold, a 
request with all supporting documentation, submitted either prior to or 
with the Application for Capital Advance, for a partial release of a 
site covered by a mortgage under a HUD program, or other evidence of 
legal ownership of the site (including properties to be acquired from 
the RTC). The option agreement period must extend through the end of 
the current fiscal year and contain a renewal provision so that the 
option can be renewed for at least an additional six months. The 
Sponsor must also identify any restrictive covenants, including 
reverter clauses. In the case of a site to be acquired from a public 
body, evidence that the public body possesses clear title to the site, 
and has entered into a legally binding agreement to lease or convey the 
site to the Sponsor after it receives and accepts a notice of Section 
811 capital advance, and identification of any restrictive covenants, 
including reverter clauses. However, in localities where HUD determines 
that the time constraints of the funding round will not permit all of 
the required official actions (e.g., approval of Community Planning 
Boards) that are necessary to convey publicly-owned sites, a letter in 
the application from the mayor or director of the appropriate local 
agency indicating their approval of conveyance of the site contingent 
upon the necessary approval action is acceptable and may be approved by 
the HUD Office if it has satisfactory experience with timely conveyance 
of sites from that public body. In such cases, documentation shall also 
include a copy of the public body's evidence of ownership and 
identification of any restrictive covenants, including reverter 
clauses. For properties to be acquired from the RTC, include a copy of 
the RTC prepared Transaction Screen Checklist or Phase I Environmental 
Site Assessment, and applicable [[Page 27606]] documentation, per the 
RTC Environmental Guidelines.

    Note: A PROPOSED PROJECT SITE MAY NOT BE ACQUIRED OR OPTIONED 
FROM A GENERAL CONTRACTOR (OR ITS AFFILIATE) THAT WILL CONSTRUCT THE 
SECTION 811 PROJECT OR FROM ANY OTHER DEVELOPMENT TEAM MEMBER.

    (ii) Evidence that the project as proposed is permissible under 
applicable zoning ordinances or regulations, or a statement of the 
proposed action required to make the proposed project permissible and 
the basis for the belief that the proposed action will be completed 
successfully before the submission of the commitment application (e.g., 
a summary of the results of any recent requests for rezoning on land in 
similar zoning classifications and the time required for such rezoning, 
preliminary indications of acceptability from zoning bodies, etc.).
    (iii) Narrative description of site and area surrounding the site, 
characteristics of neighborhood, how the site will promote greater 
housing opportunities for minorities, and any other information that 
affects the suitability of the site for persons with disabilities and 
including:
    (A) If acquisition, evidence that the structure has been 
constructed or occupied for at least three years (other than RTC 
properties);
    (B) A statement that the Sponsor is willing to seek a different 
site if the preferred site is unapprovable and that site control will 
be obtained within six months of notification of fund reservation;
    (C) A map showing the location of the site and the racial 
composition of the neighborhood, with the area of racial concentration 
delineated;
    (D) A Transaction Screen Process, in accordance with the American 
Society for Testing and Material (ASTM) Standards E 1528-93 and E 1527-
93, as amended. If the completion of the Transaction Screen 
Questionnaire results in either a ``yes'' or ``unknown'' response, 
further study is required, and the Sponsor must complete a Phase I 
Environmental Site Assessment in accordance with the ASTM and submit it 
with the application. If the Phase I study indicates the possible 
presence of contamination and/or hazards, further study must be 
undertaken. At this point, the Sponsor must decide whether to continue 
with this site or choose another site. Should the Sponsor choose 
another site, the same environmental site assessment procedure 
identified above must be followed for that site. Since all Transaction 
Screen processes and Phase I studies must be completed and submitted 
with the application, it is important that the Sponsor start the site 
assessment process as soon after the publication of this NOFA as 
possible.
    If the Sponsor chooses to continue with the original site, then it 
must undertake a detailed Phase II Environmental Site Assessment by an 
appropriate professional.

    Note: THIS COULD BE AN EXPENSIVE UNDERTAKING. THE COST OF THE 
STUDY WILL BE BORNE BY THE SPONSOR IF THE APPLICATION IS NOT 
SELECTED.

    If the Phase II Assessment reveals site contamination, the extent 
of the contamination and a plan for clean-up of the site must be 
submitted to the local HUD Office. The plan for clean-up must include a 
contract for remediation of the problem(s) and an approval letter from 
the applicable Federal, State, and/or local agency with jurisdiction 
over the site. In order for the application to be considered for review 
under this FY 1995 funding, this information would have to be submitted 
to the local HUD Office no later than August 16, 1995.
    (E) If an exception to the project size limits is being requested, 
describe why the site was selected and demonstrate the following:
    (i) The increased number of people is necessary for the economic 
feasibility of the project;
    (ii) The project is compatible with other residential development 
and the population density of the area in which the project is to be 
located;
    (iii) The increased number of people will not prohibit their 
successful integration into the community;
    (iv) The project is marketable in the community;
    (v) The size of the project is consistent with State and/or local 
policies governing similar facilities for the proposed population; and
    (vi) A statement that the Sponsor is willing to have its 
application processed at the project size limit should HUD not approve 
the exception.
    (2) If the Sponsor has identified a site, but does not have it 
under control, it must submit the following information:
    (i) A description of the location of the site, including its street 
address and unit number (if condominium), neighborhood/community 
characteristics (to include racial and ethnic data), amenities, 
adjacent housing and/or facilities, how the site will promote greater 
housing opportunities for minorities, and any other information that 
affects the suitability of the site for persons with disabilities;
    (ii) A description of the activities undertaken to identify the 
site, as well as what actions must be taken to obtain control of the 
site, if approved for funding;
    (iii) An indication as to whether the site is properly zoned. If it 
is not, an indication of the actions/time necessary for proper zoning;
    (iv) A status of the sale of the site; and
    (v) An indication as to whether the site would involve relocation.
    (f) Statements of support for the proposed project from 
nongovernmental organizations familiar with the needs of the population 
it would serve, any sources of local funds to serve the project, 
minority support, and how long the Sponsor has been in existence 
(include any additional related information).
    (g) For group homes to be licensed as intermediate care facilities 
(in which funding for the intermediate care is provided under Title XIX 
of the Social Security Act) that serve persons with developmental 
disabilities, the following must be submitted:
    (1) Evidence demonstrating that the proposed project will primarily 
provide housing rather than medical facilities, and is or will be 
licensed by appropriate State agencies;
    (2) Description of the medical training of the staff of the 
proposed facility and any nursing services that will be required by the 
residents on-site;
    (3) Description of the services that will be funded by Medicaid for 
residents of the proposed project, including their nature, frequency, 
and where the services are to be provided;
    (4) Description of any special design features proposed for the 
group home that are not common to other Section 811 group homes for the 
proposed population, and the Sponsor's rationale for including them;
    (5) Written evidence from the State Medicaid Office that it 
recognizes the need for a tenant contribution to rent and has agreed to 
pay the cost of the tenant contribution in the Medicaid payment to the 
Owner; and
    (6) Statement certifying that the Individual Program Plan for each 
resident will include participation in an out-of-the-home activity 
program for at least six hours each weekday.
    5. A list of the applications, if any, the Sponsor has submitted or 
is planning to submit to any other HUD Office in response to this NOFA 
or the NOFA for Supportive Housing for the Elderly (published elsewhere 
in today's Federal Register). Indicate, by HUD Office, the number of 
units requested and the proposed location by city and State for each 
application. Also, a list of all FY 1994 and prior year projects to 
which the Sponsor(s) is a party, identified by [[Page 27607]] project 
number and HUD Office, which have not been finally closed.
    6. HUD-2880, Applicant/Recipient Disclosure/Update Report including 
Social Security Numbers and Employee Identification Numbers.
    7. E.O. 12372. A certification that the Sponsor has submitted a 
copy of its application, if required, to the State agency (single point 
of contact) for State review in accordance with Executive Order 12372.
    8. A statement that: (a) Identifies all persons (families, 
individuals, businesses, and nonprofit organizations) by race/minority 
group and status as owners or tenants occupying the property on the 
date of submission of the application for a capital advance; (b) 
Indicates the estimated cost of relocation payments and other services; 
and (c) Identifies the staff organization that will carry out the 
relocation activities. (This requirement applies to applications with 
site control only. Sponsors of applications with identified sites that 
are selected will be required to submit this information at a later 
date once they have obtained site control.)

    Note: IF ANY OF THE RELOCATION COSTS WILL BE FUNDED FROM SOURCES 
OTHER THAN THE SECTION 811 CAPITAL ADVANCE, THE SPONSOR MUST PROVIDE 
EVIDENCE OF A FIRM COMMITMENT OF THESE FUNDS. WHEN EVALUATING 
APPLICATIONS, HUD WILL CONSIDER THE TOTAL COST OF PROPOSALS (I.E., 
COST OF SITE ACQUISITION, RELOCATION, CONSTRUCTION AND OTHER PROJECT 
COSTS).

    9. SF-424. A certification on SF-424, Application for Federal 
Assistance, that the Sponsor(s) is not delinquent on the repayment of 
any Federal debt.
    10. Disclosure of Lobbying Activities. If the amount applied for is 
greater than $100,000, the certification with regard to lobbying 
required by 24 CFR part 87 must be included. If the amount applied for 
is greater than $100,000 and the applicant has made or has agreed to 
make any payment using nonappropriated funds for lobbying activity, as 
described in 24 CFR part 87, the submission must also include SF-LLL, 
Disclosure of Lobbying Activities. The applicant determines if the 
submission of the SF-LLL form is applicable.
    11. Sponsor Certifications.
    (a) A certification of the Sponsor(s)' intent to comply with 
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the 
implementing regulations at 24 CFR part 8; the Fair Housing Act (42 
U.S.C. 3600-3619) and the implementing regulations at 24 CFR parts 100, 
108, 109, and 110; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) and the implementing regulations at 24 CFR part 1; section 3 of 
the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the 
implementing regulations at 24 CFR part 135; the Age Discrimination Act 
of 1975 (42 U.S.C. 6101-6107) and the implementing regulations at 24 
CFR part 146; Executive Order 11246 (as amended) and the implementing 
regulations at 41 CFR Chapter 60; the regulations implementing 
Executive Order 11063 (Equal Opportunity in Housing) at 24 CFR part 
107; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) to 
the extent applicable; the affirmative fair housing marketing 
requirements of 24 CFR part 200, subpart M and the implementing 
regulations at 24 CFR part 108; and other applicable Federal, State, 
and local laws prohibiting discrimination and promoting equal 
opportunity.
    (b) A certification that the Sponsor(s) will comply with the 
requirements of the Drug-Free Workplace Act.
    (c) A certification that the project will comply with HUD's design 
and cost standards; the Uniform Federal Accessibility Standards and 
HUD's implementing regulations at 24 CFR part 40; section 504 of the 
Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR 
part 8; and for covered multifamily dwellings designed and constructed 
for first occupancy after March 13, 1991, the design and construction 
requirements of the Fair Housing Act and HUD's implementing regulations 
at 24 CFR part 100; and the Americans with Disabilities Act of 1990.
    (d) A certification by the Sponsor(s) that it will comply (or has 
complied) with the acquisition and relocation requirements of the 
Uniform Relocation Assistance and Real Property Acquisition Policies 
Act of 1970, as amended (URA), implemented by regulations at 49 CFR 
part 24, and 24 CFR 890.260(e).
    (e) A certification by the Sponsor(s) that it will form an Owner 
(as defined in 24 CFR 890.105) after the issuance of the capital 
advance, will cause the Owner to file a request for determination of 
eligibility and a request for capital advance under 24 CFR 890.300, and 
will provide sufficient resources to the Owner to insure the 
development and long-term operation of the project.
    (f) A certification that the Sponsor will comply with the 
requirements of the Lead-Based Paint Poisoning Prevention Act (42 
U.S.C. 4821-4846) and implementing regulations at 24 CFR part 35 
(except as superseded in 24 CFR 890.260(f)(2)).
    (g) Certification of Consistency with the Consolidated Plan (Plan) 
for the jurisdiction in which the proposed project will be located must 
be submitted by the Sponsor (see NOTE below if the jurisdiction does 
not have an approved Plan). The certification must be made by the unit 
of general local government if it is required to have, or has, a 
complete Plan. Otherwise the certification may be made by the State, or 
if the project will be located in a unit of general local government 
authorized to use an abbreviated strategy, by the unit of general local 
government if it is willing to prepare such a Plan.
    All certifications must be made by the public official responsible 
for submitting the Plan to HUD. The certifications must be submitted as 
part of the application by the application submission deadline set 
forth in this NOFA, except as provided in the next paragraph. The Plan 
regulations are published in 24 CFR part 91.

    Notes: (1) IF THE JURISDICTION'S PLAN PROGRAM YEAR HAS NOT YET 
STARTED, THE JURISDICTION MAY CERTIFY CONSISTENCY WITH THEIR FY 1994 
CHAS IN LIEU OF THE PLAN. A NOTICE PUBLISHED IN THE FEBRUARY 6, 1995 
FEDERAL REGISTER ESTABLISHED THAT A JURISDICTION'S PREVIOUSLY 
APPROVED CHAS WILL REMAIN IN EFFECT UNTIL THE START DATE OF THE 
JURISDICTION'S NEW CONSOLIDATED PROGRAM YEAR, AT WHICH POINT THE 
JURISDICTION'S NEW PLAN WOULD TAKE EFFECT. THE NOTICE ALSO ALLOWS 
JURISDICTIONS TO USE THEIR ANNUAL PLAN FOR FY 1994 AS EXTENDED BY 
THE FEBRUARY 6, 1995 FEDERAL REGISTER NOTICE FOR THE PURPOSE OF 
CERTIFICATIONS OF CONSISTENCY.
    (2) SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE 
CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN AFTER THE 
APPLICATION DEADLINE BUT NO LATER THAN AUGUST 25, 1995.

IV. Additional Information

A. Sites

    The National Affordable Housing Act requires Sponsors submitting 
applications for Section 811 fund reservations to provide either (a) 
evidence of site control, or (b) reasonable assurances that it will 
have control of a site within six months of notification of fund 
reservation. Accordingly, if a Sponsor has control of a site at the 
time it submits its application, it must include evidence of such as 
described in 24 CFR 890.265. If it does not have site control, it must 
provide the information required in Sec. 890.265 as a reasonable 
assurance that site control will be obtained within six months of fund 
reservation notification. [[Page 27608]] 
    Sponsors may select a site different from the one(s) submitted in 
their original applications if the original site is not approvable. 
Selection of a different site will require HUD performance of an 
environmental review on the new site, which could result in rejection 
of that site. However, if a Sponsor does not have site control for any 
reason 12 months after notification of fund reservation, the assistance 
will be recaptured and reallocated.
    Sponsors submitting satisfactory evidence of an approvable site 
(i.e., site control) will have 10 bonus points added to the rating of 
their applications. Sponsors submitting proper identification of a site 
will not be eligible for the 10 bonus points.
    Applications containing evidence of site control where either the 
evidence or the site is not approvable will not be rejected provided 
the application indicates the Sponsor's willingness to select another 
site and an assurance that site control will be obtained within six 
months of fund reservation notification.
    In the case of a scattered site application submitted with evidence 
of site control for all of the sites, the evidence must be satisfactory 
for each site, and all the sites must be approvable for the application 
to receive the 10 bonus points for site control. The same applies to a 
scattered site application in which the Sponsor has control of some of 
the sites but has only identified others. It would also not be eligible 
for the 10 bonus points for site control.

B. Supportive Services

    The National Affordable Housing Act requires Sponsors submitting 
applications for Section 811 fund reservations to include a supportive 
services plan and a certification from the appropriate State or local 
agency that the provision of services identified in the supportive 
services plan is well designed to serve the special needs of persons 
with disabilities. Paragraph III.B.4.(c) above outlines the information 
that must be in the Supportive Services Plan. Sponsors must submit one 
copy of their Supportive Services Plans to the appropriate State or 
local agency well in advance of the application deadline date in order 
for the State or local agency to review the Supportive Services Plan 
and complete the Supportive Services Certification (Paragraph 
III.B.4(d) above, to be supplied by the Sponsor from the Application 
Package received from the HUD Office) and return it to the Sponsor for 
inclusion with the application submission to HUD.

    Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE 
SERVICES CERTIFICATION AFTER THE APPLICATION DEADLINE DATE BUT NO 
LATER THAN AUGUST 25, 1995.

    Since the appropriate State or local agency will review the 
Supportive Services Plan on behalf of HUD, the Supportive Services 
Certification, in addition to the indication as to whether the 
provision of supportive services is well designed, will indicate 
whether the Sponsor demonstrated that necessary supportive services 
will be provided on a consistent, long-term basis. If HUD receives an 
application in which the Supportive Services Certification is missing, 
is received by HUD after the deficiency period, or indicates that 
either the provision of services is not well designed to meet the 
special needs of persons with disabilities or that the Sponsor failed 
to demonstrate that the necessary services will be provided on a 
consistent, long-term basis, the application shall be rejected.
    HUD recognizes that there will be varying degrees of need for 
supportive services by the potential residents of Section 811 housing, 
even to the degree of needing no special services at all. Sponsors must 
describe this in the application, in Exhibit 4. A Sponsor proposing to 
serve persons with disabilities who need few, if any, special services 
will not have its application penalized as a result. In addition, 
Sponsors may not require residents, as a condition of occupancy, to 
accept any supportive service.

C. Project Size Limits

    The maximum number of persons with disabilities in an independent 
living facility is 24 persons for all disability types.

V. Other Matters

A. Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations that implement section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). The Finding of No Significant Impact is available for public 
inspection during business hours in the Office of the Rules Docket 
Clerk, Office of General Counsel, Room 10276, Department of Housing and 
Urban Development, 451 Seventh Street, SW, Washington, DC 20410.

B. Federalism Executive Order

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this NOFA 
does not have substantial direct effects on States or their political 
subdivisions, or on the relationship between the Federal government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. This NOFA merely notifies the public 
of the availability of capital advances for supportive housing for 
persons with disabilities.

C. Family Executive Order

    The General Counsel, as the Designated Official under Executive 
Order 12606, the Family, has determined that this NOFA does not have 
the potential for significant impact on family formation, maintenance, 
or general well-being. This NOFA may have a positive though indirect 
effect on families, to the extent that families will benefit from the 
provision of supportive housing for persons with disabilities. Since 
any effect on families is beneficial, this NOFA is not subject to 
review under the Order.

D. Accountability in the Provision of HUD Assistance

    HUD has promulgated a final rule to implement section 102 of the 
Department of Housing and Urban Development Reform Act of 1989 (HUD 
Reform Act). The final rule is codified at 24 CFR part 12. Section 102 
contains a number of provisions that are designed to ensure greater 
accountability and integrity in the provision of certain types of 
assistance administered by HUD. On January 14, 1992, HUD published in 
the Federal Register (57 FR 1942) additional information that gave the 
public (including applicants for, and recipients of, HUD assistance) 
further information on the implementation, public access, and 
disclosure requirements of section 102. The documentation, public 
access, and disclosure requirements of section 102 are applicable to 
assistance awarded under this NOFA as follows:
1. Documentation and Public Access
    HUD will ensure documentation and other information regarding each 
application submitted pursuant to this NOFA are sufficient to indicate 
the basis upon which assistance was provided or denied. This material, 
including any letters of support, will be made available for public 
inspection for a five-year period beginning not less than 30 days after 
the award of the assistance. Material will be made available in 
accordance with the Freedom of Information Act (5 U.S.C. 552) and HUD's 
implementing regulations at 24 CFR part 15. In addition, HUD will 
include the recipients of assistance [[Page 27609]] pursuant to this 
NOFA in its Federal Register notice of all recipients of HUD assistance 
awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and 
the notice published in the Federal Register on January 16, 1992 (57 FR 
1942), for further information on these requirements.)
2. Disclosures
    HUD will make available to the public for five years all applicant 
disclosure reports (HUD Form 2880) submitted in connection with this 
NOFA. Update reports (also Form 2880) will be made available along with 
the applicant disclosure reports, but in no case for a period less than 
three years. All reports--both applicant disclosures and updates--will 
be made available in accordance with the Freedom of Information Act (5 
U.S.C. 552) and HUD's implementing regulations at 24 CFR part 15. (See 
24 CFR subpart C, and the notice published in the Federal Register on 
January 16, 1992 (57 FR 1942), for further information on these 
disclosure requirements.)

E. Documentation and Public Access Requirements: HUD Reform Act

    HUD will ensure that documentation and other information regarding 
each application submitted pursuant to this NOFA are sufficient to 
indicate the basis upon which assistance was provided or denied. This 
material, including any letters of support, will be made available for 
public inspection for a five-year period beginning not less than 30 
days after the award of the assistance. Material will be made available 
in accordance with the Freedom of Information Act (5 U.S.C. 552) and 
HUD's implementing regulations at 24 CFR part 15. In addition, HUD will 
include the recipients of assistance pursuant to this NOFA in its 
Federal Register notice of all recipients of HUD assistance awarded on 
a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the notice 
published in the Federal Register on January 16, 1992 (57 FR 1942), for 
further information on these requirements.)

F. Section 103

    HUD's regulation implementing section 103 of the Department of 
Housing and Urban Development Reform Act of 1989 was published May 13, 
1991 (56 FR 22088) and became effective on June 12, 1991. That 
regulation, codified as 24 CFR part 4, applies to the funding 
competition announced today. The requirements of the rule continue to 
apply until the announcement of the selection of successful applicants.
    HUD employees involved in the review of applications and in the 
making of funding decisions are restrained by part 4 from providing 
advance information to any person (other than an authorized employee of 
HUD) concerning funding decisions, or from otherwise giving any 
applicant an unfair competitive advantage. Persons who apply for 
assistance in this competition should confine their inquiries to the 
subject areas permitted under 24 CFR part 4.
    Applicants who have questions should contact the HUD Office of 
Ethics (202) 708-3815 (TDD/Voice). (This is not a toll-free number.) 
The Office of Ethics can provide information of a general nature to HUD 
employees, as well. However, a HUD employee who has specific program 
questions, such as whether particular subject matter can be discussed 
with persons outside HUD, should contact his or her HUD Office Counsel, 
or Headquarters counsel for the program to which the question pertains.

G. Lobbying

    Section 13 of the Department of Housing and Urban Development Act 
(42 U.S.C. 3537b) contains two provisions dealing with efforts to 
influence HUD's decisions with respect to financial assistance. The 
first imposes disclosure requirements on those who are typically 
involved in these efforts--those who pay others to influence the award 
of assistance or the taking of a management action by HUD and those who 
are paid to provide the influence. The second restricts the payment of 
fees to those who are paid to influence the award of HUD assistance, if 
the fees are tied to the number of housing units received or are based 
on the amount of assistance received, or if they are contingent upon 
the receipt of assistance.
    Section 13 was implemented by final rule published in the Federal 
Register on May 17, 1991 (56 FR 22912). If readers are involved in any 
efforts to influence HUD in these ways, they are urged to read the 
final rule, particularly the examples contained in Appendix A of the 
rule.
    Any questions regarding the rule should be directed to the 
Director, Office of Ethics, Room 2158, Department of Housing and Urban 
Development, 451 Seventh Street, SW, Washington, DC 20410. Telephone: 
(202) 708-3815 TDD/Voice). (This is not a toll-free number.) Forms 
necessary for compliance with the rule may be obtained from the local 
HUD Office.

H. Prohibition Against Lobbying Activities

    The use of funds awarded under this NOFA is subject to the 
disclosure requirements and prohibitions of section 319 of the 
Department of Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment) and the 
implementing regulations at 24 CFR part 87. These authorities prohibit 
recipients of Federal contracts, grants, or loans from using 
appropriated funds for lobbying the executive or legislative branches 
of the Federal Government in connection with a specific contract, 
grant, or loan. The prohibition also covers the awarding of contracts, 
grants, cooperative agreements, or loans unless the recipient has made 
an acceptable certification regarding lobbying. Under 24 CFR part 87, 
applicants, recipients, and subrecipients of assistance exceeding 
$100,000 must certify that no Federal funds have been or will be spent 
on lobbying activities in connection with the assistance.

I. Catalog of Federal Domestic Assistance Program

    The Catalog of Federal Domestic Assistance Program title and number 
is 14.181, Supportive Housing for Persons with Disabilities.

    Authority: Section 811, National Affordable Housing Act, as 
amended (42 U.S.C. 8013), section 7(d), Department of Housing and 
Urban Development Act (42 U.S.C. 3535(d)).

    Dated: April 26, 1995.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
Appendix A--HUD Offices

    Note: The first line of the mailing address for all offices is 
U.S. Department of Housing and Urban Development. Telephone numbers 
listed are not toll-free.

HUD--NEW ENGLAND AREA

CONNECTICUT STATE OFFICE

First Floor, 330 Main Street, Hartford, CT 06106-1860, (203) 240-
4523

MASSACHUSETTS STATE OFFICE

Room 375, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway 
Street, Boston, MA 02222-1092, (617) 565-5234

NEW HAMPSHIRE STATE OFFICE

Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH 
03101-2487, (603) 666-7681

RHODE ISLAND STATE OFFICE

Sixth Floor, 10 Weybosset Street, Providence, RI 02903-2808, (401) 
528-5351 [[Page 27610]] 

HUD--NEW YORK, NEW JERSEY AREA

NEW JERSEY STATE OFFICE

Thirteenth Floor, One Newark Center, Newark, NJ 07102-5260, (201) 
622-7900

NEW YORK STATE OFFICE

26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500

BUFFALO AREA OFFICE

Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203-
1780, (716) 846-5755

HUD--MIDATLANTIC AREA

DISTRICT OF COLUMBIA OFFICE

820 First Street, NE, Washington, D.C. 20002-4502, (202) 275-9200

MARYLAND STATE OFFICE

Fifth Floor, City Crescent Building, 10 South Howard Street, 
Baltimore, MD 21201-2505, (401) 962-2520

PENNSYLVANIA STATE OFFICE

Liberty Square Building, 105 South 7th Street, Philadelphia, PA 
19106-3392, (215) 597-2560

VIRGINIA STATE OFFICE

The 3600 Centre, 3600 West Broad Street, P.O. Box 90331, Richmond, 
VA 23230 - 0331, (804) 278-4507

WEST VIRGINIA STATE OFFICE

Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-
7000

PITTSBURGH AREA OFFICE

412 Old Post Office Courthouse, 7th Avenue and Grant Street, 
Pittsburgh, PA 15219-1906, (412) 644-6428

HUD--SOUTHEAST/CARIBBEAN AREA

ALABAMA STATE OFFICE

Suite 300, Beacon Ridge Tower, 600 Beacon Parkway, West, Birmingham, 
AL 35209-3144, (205) 290-7617

CARIBBEAN OFFICE

New San Juan Office Building, 159 Carlos Chardon Avenue, San Juan, 
PR 00918-1804, (809) 766-6121

GEORGIA STATE OFFICE

Richard B. Russell Federal Building, 75 Spring Street, S.W., 
Atlanta, GA 30303-3388, (404) 331-5136

KENTUCKY STATE OFFICE

601 West Broadway, P.O. Box 1044, Louisville, KY 40201-1044, (502) 
582-5251

MISSISSIPPI STATE OFFICE

Suite 910, Doctor A.H. McCoy Federal Building, 100 West Capitol 
Street, Jackson, MS 39269-1016, (601) 965-5308

NORTH CAROLINA STATE OFFICE

Koger Building, 2306 West Meadowview Road, Greensboro, NC 27407-
3707, (919) 547-4001

SOUTH CAROLINA STATE OFFICE

Strom Thurmond Federal Building, 1835 Assembly Street, Columbia, SC 
29201-2480, (803) 765-5592

TENNESSEE STATE OFFICE

Suite 200, 251 Cumberland Bend Drive, Nashville, TN 37228-1803, 
(615) 736-5213

JACKSONVILLE AREA OFFICE

Suite 2200, Southern Bell Tower, 301 West Bay Street, Jacksonville, 
FL 32202-5121, (904) 232-2626

KNOXVILLE AREA OFFICE

Third Floor, John J. Duncan Federal Building, 710 Locust Street, 
Knoxville, TN 37902-2526, (615) 545-4384

HUD--MIDWEST AREA

ILLINOIS STATE OFFICE

Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard, 
Chicago, IL 60604-3507, (312) 353-5680

INDIANA STATE OFFICE

151 North Delaware Street, Indianapolis, IN 46204-2526, (317) 226-
6303

MICHIGAN STATE OFFICE

Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit, 
MI 48226-2592, (313) 226-7900

MINNESOTA STATE OFFICE

220 Second Street, South, Minneapolis, MN 55401-2195, (612) 370-3000

OHIO STATE OFFICE

200 North High Street, Columbus, OH 43215-2499, (614) 469-5737

WISCONSIN STATE OFFICE

Suite 1380, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue, 
Milwaukee, WI 53203-2289, (414) 297-3214
CINCINNATI AREA OFFICE

Room 9002 Federal Office Building, 550 Main Street, Cincinnati, OH 
45202-3253, (513) 684-2884

CLEVELAND AREA OFFICE

Fifth Floor, Renaissance Building, 1350 Euclid Avenue, Cleveland, OH 
44115-1815, (216) 522-4058

GRAND RAPIDS AREA OFFICE

2922 Fuller Avenue, NE., Grand Rapids, MI 49505-3499, (616) 456-2100

HUD--SOUTHWEST AREA

ARKANSAS STATE OFFICE

Suite 900, TCBY Tower, 425 West Capitol Avenue, Little Rock, AR 
72201-3488, (501) 324-5931

LOUISIANA STATE OFFICE

Ninth Floor, Hale Boggs Federal Building, 501 Magazine Street, New 
Orleans, LA 70130-3099, (504) 589-7200

OKLAHOMA STATE OFFICE

Suite 400, 500 West Main, Oklahoma City, OK 73102, (405) 231-4345

TEXAS STATE OFFICE

1600 Throckmorton Street, P.O. Box 2905, Fort Worth, TX 76113-2905, 
(817) 885-5401

HOUSTON AREA OFFICE

Suite 200, Norfolk Tower, 2211 Norfolk, Houston, TX 77098-4096, 
(713) 834-3274

SAN ANTONIO AREA OFFICE

Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563, 
(210) 229-6800

HUD--GREAT PLAINS

IOWA STATE OFFICE

Room 239, Federal Building, 210 Walnut Street, Des Moines, IA 50309-
2155, (515) 284-4512

KANSAS/MISSOURI STATE OFFICE

Room 200, Gateway Tower II, 400 State Avenue, Kansas City, KS 66101-
2406, (913) 551-5462

NEBRASKA STATE OFFICE

Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154-
3955, (402) 492-3100

SAINT LOUIS AREA FIELD OFFICE

Third Floor, Robert A. Young Federal Building, 1222 Spruce Street, 
St. Louis, MO 63103-2836, (314) 539-6583

HUD--ROCKY MOUNTAINS AREA

COLORADO STATE OFFICE

633 17th Street, Denver, CO 80202-3607, (303) 672-5440

HUD--PACIFIC/HAWAII AREA

ARIZONA STATE OFFICE

Suite 1600, Two Arizona Center, 400 North 5th Street, Phoenix, AZ 
85004-2361, (602) 379-4434

CALIFORNIA STATE OFFICE

Philip Burton Federal Building and U.S. Courthouse, 450 Golden Gate 
Avenue, P.O. Box 36003, San Francisco, CA 94102-3448, (415) 556-4752

HAWAII STATE OFFICE

Suite 500, 7 Waterfront Plaza, 500 Ala Moana Boulevard, Honolulu, HI 
96813-4918, (808) 522-8175

LOS ANGELES AREA OFFICE

1615 West Olympic Boulevard, Los Angeles, CA 90015-3801, (213) 251-
7122

SACRAMENTO AREA OFFICE

Suite 200, 777 12th Avenue, Sacramento, CA 95814-1997, (916) 551-
1351

HUD--NORTHWEST/ALASKA AREA

ALASKA STATE OFFICE

Suite 401, University Plaza Building, 949 East 36th Avenue, 
Anchorage, AK 99508-4399, (907) 271-4170

OREGON STATE OFFICE

520 S.W. 6th Avenue, Portland, OR 97204-1596, (503) 326-2561

WASHINGTON STATE OFFICE

Suite 200, Seattle Federal Office Building, 909 First Avenue, 
Seattle, WA 98104-1000, (206) 220-5101

[FR Doc. 95-12715 Filed 5-23-95; 8:45 am]
BILLING CODE 4210-27-P