[Federal Register Volume 67, Number 134 (Friday, July 12, 2002)]
[Notices]
[Pages 46336-46337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17605]



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Part V





Department of Housing and Urban Development





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Notice on Applying to HUD for Designation of State or Locally Developed 
Housing in the State of New York as ``Covered Units'' Eligible for 
Inclusion in the Federal Public Housing Program

  Federal Register / Vol. 67, No. 134 / Friday, July 12, 2002 / 
Notices  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4774-N-01]


Notice on Applying to HUD for Designation of State or Locally 
Developed Housing in the State of New York as ``Covered Units'' 
Eligible for Inclusion in the Federal Public Housing Program

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

ACTION: Notice to public housing agencies on applying to HUD for 
designation of certain New York state public housing units as Federally 
covered units.

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SUMMARY: The purpose of this Notice is to: advise public housing 
agencies (PHAs) in the State of New York on applying for designation of 
public housing units developed and funded in accordance with New York 
law as ``covered units,'' up to 7,000 of which will be eligible to 
receive Federal public housing operating and capital funds allocated 
according to statutory and regulatory formulas; obtain information 
about all developments and units that could be ``covered units''; and 
obtain PHAs' preferences as to which of their developments and units 
they would want included in the Federal housing program.

DATES: PHAs must respond by: September 10, 2002.

ADDRESSES: Submit one original set of information requested in this 
notice to HUD Headquarters at the following address: HUD Office of 
Public and Indian Housing, Grants Management Center, 501 School St. 
SW., 8th Floor, Washington, DC 20024.
    Provide one copy of the information requested in this notice to the 
local HUD Program Center or HUB.

FOR FURTHER INFORMATION CONTACT: Sherry Fobear-McCown, Program Analyst, 
Office of Policy, Program and Legislative Initiatives, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, SW, Room 4116, Washington, DC 20410; telephone: (202) 
708-0713 (this is not a toll-free number). Persons with hearing or 
speech impairments may access that number via TTY by calling the 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 9(n) of the United States Housing Act of 1937 (1937 Act), 
added by section 519 of the Quality Housing and Work Responsibility Act 
of 1998 (Title V of Pub. L. 105-276), authorized the Secretary of HUD 
to include State and locally developed public housing units developed 
under New York law into the Federal public housing program for purposes 
of receiving allocations of operating and capital funds pursuant to 
statutory and regulatory formulas. This provision authorizes the 
inclusion of not more than 7,000 units in New York in the federal 
public housing program. However, a separate provision of the same law 
(Sec. 226 of Pub. L. 105-276) prohibited the use of these Federal funds 
to provide new assistance for State and locally developed public 
housing units. These conflicting provisions gave rise to legal 
questions concerning HUD's authority and responsibility to implement 
section 9(n). Both the United States District Court for the Southern 
District of New York and the United States Court of Appeals for the 
Second Circuit have issued decisions this year, indicating that 
implementation of section 9(n) should proceed retroactive to Fiscal 
Year 2000.

II. Eligibility

    A New York public housing agency that operates, owns, or manages 
covered locally developed public housing units is eligible to seek 
inclusion of those units in the Federal public housing program. The 
term ``covered locally developed public housing units'' is defined by 
section 9(n)(1)(b) of the 1937 Act as public housing units developed 
pursuant to laws of the State of New York and that received debt 
service and operating subsidies pursuant to such laws.

III. Funding

    Funding for ``covered units'' will be provided from the public 
housing Operating Fund and Capital Fund. Funding for ``covered units'' 
will cover Fiscal Year 2000 through 2003 and thereafter, and will 
directly reduce the amount of Operating Fund and Capital Fund monies in 
Fiscal Year 2003 and thereafter that would otherwise be distributed to 
all public housing agencies.

IV. Response Due Date and Address for Submission

    Information requested by this notice, and in the form and manner 
described in this Notice, is due no later than September 10, 2002. No 
exceptions to this deadline will be considered. Submit one original set 
of documents to HUD Headquarters at the following address and one copy 
to the local HUB or Program Center: HUD Office of Public and Indian 
Housing, Grants Management Center, Michael E. Diggs, Director, 501 
School St. SW., 8th Floor, Washington, DC 20024, Telephone: (202) 358-
0221 (this is not a toll-free number). Persons with hearing or speech 
impairments may access that number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339.

V. Required Materials

    PHAs interested in having units designated as ``covered units'' 
shall submit the following information for all units they administer 
that were developed pursuant to the laws of the State of New York and 
that received debt service and operating subsidies pursuant to such 
laws. This information will be used to aid HUD in determining which 
units shall receive the ``covered'' designation.
    Provide the following in the order it is presented. Items 1-11 
shall be submitted for each site:
    (1) Name of development;
    (2) Number of units;
    (3) Location (census tract);
    (4) Age and general condition;
    (5) Composition of units by bedroom size, and family, elderly, or 
disabled designation;
    (6) Current vacancy rate and vacancy rate for past two years;
    (7) If readily available, actual operating expenses for the last 
two fiscal years; if such information is not readily available, list 
any unusually large recent, current, or projected operating costs (e.g. 
extraordinarily high utilities costs);
    (8) Summary of large capital improvements made over preceding five-
year period;
    (9) Projected capital needs for next five years;
    (10) Debt service amounts (if any);
    (11) Extraordinary liabilities the Federal government may need to 
assume (e.g., litigation);
    (12) Most recent Public Housing Assessment System (PHAS) rating and 
designation for the PHA from HUD, or copy of any recent performance 
assessment from applicable State or local government or other 
independent entity; and
    (13) Other information requested by HUD as necessary to complete 
its review.
    In addition, the PHA shall identify in its submission the 
developments and total number of units it seeks to include in the 
Federal public housing program and any other factors HUD should take 
into account.

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Paperwork Reduction Act Statement

    The information collection requirements contained in this notice 
NOFA have been submitted to the Office of Management and Budget (OMB) 
for emergency approval under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520). Upon approved, the OMB Control Number will be 
published in a separate notice. An agency may not conduct or sponsor, 
and a person is not required to respond to, a collection of information 
unless the collection displays a valid control number.

VI. Final Approval

    Final approval and funding, for both fiscal years commencing with 
Fiscal Year 2000 and future fiscal years, are subject to any further 
relevant legislative action; acceptable submission and HUD approval of 
all information required by this Notice; documentation of sufficient 
managerial competence HUD may require if PHAS or other assessments of 
competence are not applicable or sufficient; an independent physical 
inspection satisfactory to HUD; and the execution of an Annual 
Contributions Contract (ACC) or ACC amendment including the covered 
units selected pursuant to this Notice.

    Dated: June 27, 2002.
Michael Liu,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 02-17605 Filed 7-11-02; 8:45 am]
BILLING CODE 4210-33-P