[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Notices]
[Pages 46368-46369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23282]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4193-N-02]


NOFA for Fair Housing Initiatives Program; FY 1997 Competitive 
Solicitation

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice of Funding Availability (NOFA); clarification.

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SUMMARY: This notice clarifies a variance between a requirement on the 
use of FHIP funds for litigation against the U.S. set forth in the 
Fiscal Year (FY) 1997 NOFA for the Fair Housing Initiatives Program 
(FHIP), published in the Federal Register on June 26, 1997 (62 FR 
34562) and a FHIP Application Kit statement which was more expansive. 
In addition, this clarification provides notice that the Department is 
providing a 7-day period for any entity that was discouraged from 
submitting an application under this NOFA because of this variance to 
so advise the Department. Any entity otherwise eligible under the NOFA 
that so notifies the Department will be allowed 30 days from today's 
date to submit an application under the Private Enforcement Initiative 
(PEI) and/or the Fair Housing Organizations Initiative (FHOI).

DATES: An entity must advise the Department by September 9, 1997 if it 
meets the provisions outlined in this Notice and intends to submit an 
application. Such an entity will have 30 days from today's date, until 
October 2, 1997 to submit its application under the PEI and the FHOI. 
Applications will be accepted if they are received on or before the 
application due date, or are received within 7 days after the 
application due date, but with a U.S. postmark or receipt from a 
private commercial delivery service (such as Federal Express or DHL) 
that is dated on or before the application due date.

ADDRESSES: To advise HUD that the statement in the Application Kit 
discouraged your organization from applying, and that you will be 
submitting an application within 30 days as permitted under this 
clarification, please contact Aztec Jacobs or Maxine Cunningham as 
indicated

[[Page 46369]]

under the FOR FURTHER INFORMATION CONTACT heading immediately below. To 
obtain a copy of the application kit, please write the Fair Housing 
Information Clearinghouse, P.O. Box 9146, McLean, VA 22102, or call the 
toll free number 1-800-343-3442 (voice) or 1-800-290-1617 (TTY). Also 
please contact this number if information concerning this NOFA is 
needed in an accessible format.

FOR FURTHER INFORMATION CONTACT: Aztec Jacobs or Maxine Cunningham, 
Office of Fair Housing Initiatives and Voluntary Programs, Room 5234, 
451 Seventh Street, S.W., Washington, D.C. 20410-2000; telephone number 
(202) 708-0800 (this is not a toll free number); facsimile (202) 708-
2755. Persons who use a text telephone (TTY) may call 1-800-290-1617.

SUPPLEMENTARY INFORMATION: On June 26, 1997 (62 FR 34562), HUD 
published a NOFA for the Fair Housing Initiatives Program (FHIP). The 
Application Kit was printed following publication of the June 26, 1997 
NOFA publication and has been widely distributed. In providing 
application formats, the Application Kit was designed to reflect NOFA 
requirements. The June 26, 1997 NOFA is also included as an attachment 
to the Application Kit.
    The June 26, 1997 NOFA required that, ``In accordance with 24 CFR 
125.104(f), no recipient of assistance under the PEI may use any funds 
provided by the Department for the payment of expenses in connection 
with litigation against the United States.'' This provision also 
applied to enforcement activities carried out under the FHOI. The FHIP 
Application Kit, on pages 43 and 49 contained a more expansive 
limitation, stating that in addition to the above NOFA provision, no 
FHIP funds may be used in ``any litigation action involving housing 
providers funded by the Department of Housing and Urban Development.''
    It was not the Department's intent to limit litigation efforts 
beyond the statutory or regulatory limitations of the FHIP as the 
variance from the NOFA in the Application Kit indicated. The Department 
intends to permit organizations that have submitted applications under 
this competition prior to this Notice to modify their activities and 
budget to incorporate litigation against housing providers funded by 
HUD, if their applications are selected for award.
    Furthermore, this Notice is intended to ensure that all interested 
applicants that may have been dissuaded by the variance from submitting 
applications will be provided an opportunity to do so under this 
competition. Such entities must notify the Department within 7 days of 
today's date, by September 9, 1997 either by phone or fax of their 
name, phone number, and intent to submit an application under the PEI 
and/or FHOI that includes litigation against housing providers funded 
by HUD. Only those entities that contact the Department during this 7-
day period and provide the above information will be permitted to 
submit applications during the 30-day extended application period, 
which will expire on October 2, 1997. Because HUD cannot determine with 
any certainty the number, if any, of potential applicants who were 
discouraged from applying specifically because of the variance, the 7-
day notification period is necessary to allow the processing of 
applications to continue with a minimum of disruption.
    All applications submitted under this clarification must also 
comply with all other requirements contained in the June 26, 1997 NOFA 
and outlined in the Application Kit. Applicants that have already 
submitted applications under the PEI or FHOI will not be permitted to 
submit revised or additional applications, since they will be given the 
opportunity to make modifications as appropriate to their proposed 
activities and budget to reflect the NOFA litigation requirement.

    Dated: August 26, 1997.
Larry Pearl,
Acting Deputy Assistant Secretary for Program Operations and 
Compliance.
[FR Doc. 97-23282 Filed 8-28-97; 9:39 am]
BILLING CODE 4210-28-U