[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 71023-71030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27663]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5262-N-01]


Emergency Capital Repair Grants for Multifamily Housing Projects 
Designated for Occupancy by the Elderly: Notice of Funding Availability

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

ACTION: Notice.

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SUMMARY: This notice announces the availability of approximately $9.5 
million in grant funds to make emergency capital repairs to eligible 
multifamily projects owned by private nonprofit entities that are 
designated for occupancy by elderly tenants. The capital repair needs 
must relate to items that present an immediate threat to the health, 
safety, and quality of life of the tenants. The intent of these grants 
is to provide one-time assistance for emergency items that could not be 
absorbed within the project's operating budget and other project 
resources, and where the tenants' continued occupancy in the immediate 
near future would be jeopardized by a delay in initiating the proposed 
cure. The notice provides instructions for owners of multifamily 
projects to request funding and instructions for the HUD field offices 
to process requests.

FOR FURTHER INFORMATION CONTACT: G. DeWayne Kimbrough, Director, Grant 
and Housing Assistance Field Support Division, Office of Multifamily 
Housing, Room 6146, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410; telephone (202) 708-3000 
(this is not a toll-free number). Persons with hearing or speech 
impairments may access this number via TTY by calling the toll-free 
Federal Information Relay Service at (800) 877-8339.

Overview Information

    A. Federal Agency Name: Department of Housing and Urban 
Development, Office of the Assistant Secretary for Housing-Federal 
Housing Commissioner.
    B. Funding Opportunity Title: The Emergency Capital Repair Grants 
(ECRP) for Multifamily Housing Projects Designated for Occupancy by the 
Elderly.
    C. Announcement: Type: Initial announcement.
    D. Funding Opportunity Number: FR-5262-N-01; the OMB Approval 
Number is 2502-0542.
    E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.315; 
Emergency Capital Repair Grants for Multifamily Housing Projects 
Designated for Occupancy by the Elderly.
    F. Dates: HUD will accept applications on a first-come, first-serve 
basis and will award emergency capital repair grants until available 
amounts are obligated or funds expire, whichever comes first.
    G. Additional Overview Information:
    1. Program Description. The purpose of this program is to provide 
grants to make emergency capital repairs to eligible multifamily 
projects owned by private nonprofit entities that are designated for 
occupancy by elderly tenants. Private nonprofit owners of eligible 
developments interested in applying for funding under this grant 
program should carefully review the detailed information listed in this 
NOFA. Funding will only be provided for those eligible emergency items.
    2. Required Electronic Application Submission via Grants.gov. 
Applications must be submitted electronically via the Federal portal, 
http://www.Grants.gov, unless a waiver has been granted. Applications 
may be submitted to Grants.gov starting 15 days after the publication 
of this Notice. This time frame allows applicants to complete the 
Grants.gov registration process before applications are accepted by 
HUD. Applications received prior to the fifteen day period will not be 
accepted for review and processing. Applicants not familiar with 
Grants.gov are instructed to see the General Section of the SuperNOFA 
published on March 19, 2008 (72 FR 14882) (General Section), and the 
FY2008 SuperNOFA published on May 12, 2008 (72 FR 27032) (SuperNOFA), 
for further information about application, submission, and timely 
receipt requirements. Applicants should carefully read HUD's Federal 
Register Notice on Early Registration published on March 10, 2008 (73 
FR 12751) (Early Registration Notice), and start the Grants.gov 
registration process immediately upon publication of this NOFA. 
Applicants should take

[[Page 71024]]

particular note of the Grants.gov registration and application 
submission and validation procedures. Validation can take up to 48 
hours to process. A copy of the General Section is available in the 
instructions download to the application posted to Grants.gov. HUD also 
has online training archived on HUD's Web cast page at http://www.hud.gov/webcasts/archives/supernofa08.cfm. Scroll down until you 
come to the broadcast labeled ``SuperNOFA'' Adobe Forms Update, March 
26, 2008. The broadcast is available with or without closed captioning.
    Please note that HUD strongly encourages potential applicants to 
this program, even if not facing an immediate need for program funds, 
to complete the Grants.gov registration process following release of 
this NOFA, so that you are fully prepared to submit an application for 
funding should the need arise.

Full Text of Announcement

I. Funding Opportunity Description

    A. Program Description. HUD provides grant funds to make emergency 
capital repairs to eligible multifamily projects owned by private 
nonprofit entities that are designated for occupancy by elderly 
tenants. The capital repair needs must relate to items that present an 
immediate threat to the health, safety, and quality of life of the 
tenants. The intent of these grants is to provide one-time assistance 
for emergency items that cannot be absorbed within the project's 
operating budget and other project resources, and where the tenants' 
continued occupancy in the immediate near future is jeopardized by a 
delay in initiating the proposed cure.
    B. Authority. The Emergency Capital Repair Grant Program is 
authorized by Section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-
2) and the Consolidated Appropriations Act, 2008 (Pub. L. 110-161), 
which provides up to $24,750,000 for the conversion of eligible 
projects to assisted-living or related use and for emergency repairs.
    C. Definition. For purposes of this NOFA, ``emergency capital 
repairs'' are repairs at a project to correct a situation that presents 
an immediate threat to the life, health and safety of project tenants. 
Assistance is limited to those projects with emergency problems that 
are of such a magnitude that:
    1. The problem poses an immediate threat to the quality of life of 
the elderly tenants; and
    2. The problem would, if left untreated, result in an evacuation of 
the elderly tenants or long-term tenant displacement unless the repairs 
are made.

II. Award Information

    A. Available Funds. This NOFA makes available approximately $9.5 
million including carryover funds. The funds will be used to make 
emergency capital repairs for eligible multifamily assisted housing 
projects for the elderly located within the 18 HUD Multifamily Hubs.
    B. Amount of Funding Per Award. The maximum amount an individual 
project owner may apply for is $500,000. (The grant, along with funds 
from other sources, must remove the emergency conditions.) HUD retains 
the right to adjust the amount of the grant up (to a maximum grant of 
$500,000) or down, based on review of the reasonableness of the costs 
for completing the repairs.
    C. Type of Assistance Instrument. The type of assistance awarded 
will be a grant.
    D. Submission Information. Applications are to be received via 
grants.gov, the federal portal for applying for competitive funding 
applications, unless a waiver to the electronic application submission 
requirement is granted. To apply via grants.gov applicants must follow 
the grants.gov registration process which requires having a DUNS 
number, registering in the Central Contractor Registration (CCR), 
obtaining electronic signature credential from a credential provider, 
registering the user ID and password obtained from the credential 
provider at grants.gov, and then having the applicant organization 
eBusiness Point of Contact noted on the CCR, authorize the applicant to 
submit the application on behalf of the organization. A step-by-step 
instruction to the registration process is found in the General Section 
on page 14889 (FR 73 14889). A step by step guide to registration is 
available in HUD's 2008 Early Registration Notice and available on 
HUD's Web site at http://www.hud.gov/utilities/intercept.cfm?/offices/adm/grants/nofa08/08earlyreg.pdf.
    E. Anticipated Start Dates and Periods of Performance. Applications 
will be funded on a first come, first serve basis. HUD will start 
accepting applications for funding starting 15 days following 
publication of this Notice. This time frame allows all applicants to 
complete the registration process. Applications submitted and received 
by HUD prior to the 15 day registration period will not be evaluated. 
Applicants can track the status of their applications by logging into 
grants.gov as an applicant using their User ID and password. Following 
the registration period, funds will be awarded on a first come, first 
serve basis until all allocated funding is obligated or funds expire, 
whichever comes first. All grant requests will be funded based on the 
date and time of validation by grants.gov. See the General Section for 
specific instructions regarding application submission, the grants.gov 
validation process and e-mail notifications, use of Adobe forms, and 
types of files that can be attached and reviewed by HUD.
    F. The program operates as a performance based program with the 
period of performance based on the scope of work, but shall not exceed 
12 months.

III. Eligibility Information

    A. Eligible Applicants. Eligibility for emergency capital repair 
grants under this notice is restricted to: Private nonprofit owners of 
eligible multifamily assisted housing developments designated for 
occupancy by elderly tenants, as specified in sections 683(2)(B), (C), 
(D), (E), (F), or (G) of the Housing and Community Development act of 
1992 (Pub. L. 102-550, approved October 28, 1992). Unless a project is 
located in a presidentially declared disaster area, it must have had 
final closing on or before January 1, 1999. The eligible projects are:
    1. Section 202 direct loan projects with or without Section 8 
rental assistance;
    2. Section 202 capital advance projects receiving rental assistance 
under their Project Rental Assistance Contract (PRAC);
    3. Section 515 rural housing projects receiving Section 8 rental 
assistance;
    4. Projects subsidized with Section 221(d)(3) below-market interest 
mortgage;
    5. Projects assisted under Section 236 of the National Housing Act; 
and
    6. Other projects receiving Section 8 project-based rental 
assistance.
    B. Eligible Uses of Funds. Grant funds are available only for 
emergency capital repairs that relate to immediate health/safety needs 
that impact upon the quality of life of the elderly tenants if the 
repairs are not made. The repair item must have existed prior to 
submission of the application in order to obtain grant funds. The award 
is a one-time opportunity for correction of the threat to the elderly 
tenants. Funds may be used to repair or replace systems including, but 
not limited to:
    1. Existing major building and structural components that are in 
critical condition; and

[[Page 71025]]

    2. Repairs or replacements to existing mechanical equipment to the 
extent that they are necessary for health and safety reasons. The 
purchase of high efficiency heating and cooling systems (Energy Star) 
for the approved replacement equipment is encouraged to promote energy 
conservation.
    C. Ineligible Uses of Funds. Emergency capital repair grant funds 
may not be used for the following repairs:
    1. Deferred maintenance items.
    2. Lead-based paint abatement.
    3. Demolition and reconstruction activities, e.g., conversion of 
bedroom units.
    4. Security systems.
    5. Improvements, i.e., installation of sprinkler systems, air 
conditioning, additional lighting in parking lots, new backup 
generators or new elevators, etc.
    6. Clearing of mold or mildew unless it is related to a repair of 
an existing emergency item that poses an immediate threat to the 
residents.
    7. Consultant fees.
    D. Cost Sharing or Matching. No cost sharing or match is required.
    E. Threshold Requirements.
    1. Be an eligible applicant and meet all requirements in this NOFA.
    2. You cannot request more than $500,000 in grant funding.
    3. Requests signed and submitted by a consultant or management 
agent on behalf of the owner will not be considered for funding.
    4. The final closing for projects funded under this grant must be 
on or before January 1, 1999, except for those in presidentially 
declared disaster areas.
    5. The project owner's most recent management review rating must be 
``satisfactory'' or above.
    6. The project owner must be in compliance with its Loan Agreement, 
Capital Advance Agreement, Regulatory Agreement, Housing Assistance 
Payment contract, Project Rental Assistance contract, Rent Supplement 
or Loan Management Set Aside (LMSA) contract, or any other HUD grant or 
contract document.
    7. The request for funding must clearly identify the existing 
emergency and must contain a detailed justification in support of the 
emergency designation.
    8. The repair and/or replacement items are to be written in a 
manner that specifically describes the scope of work to be performed, 
provides an estimate of the cost of the work to be performed, and 
provides an explanation of the basis for the estimate. The estimate 
provided for the cost of each action item must be reasonable and 
current (within 6 months of the application submission).
    9. The owner must describe all previous grants or loans received by 
the project during the past three years and any unsuccessful efforts to 
find other sources of funding.
    10. The current Real Estate Assessment Center (REAC) physical 
inspection report for the project must have a score of 60 or above. 
Developments scoring less than 60 are ineligible.
    11. If the project is a section 236, the owner must be in 
compliance with the Excess Income requirements.
    12. Tenants must be notified of the request for the grant and must 
be informed of the overall plan and timetable to complete the capital 
repairs.
    13. The project is well maintained except for the current emergency 
capital repair needs.
    14. The project does not have a recent history of mortgage 
defaults.
    15. The project owner does not have any material-adverse financial 
or managerial actions or omissions with regard to any project that is 
federally assisted or financed with a loan or capital advance from, or 
mortgage insured by, an agency of the federal government.
    16. The owner's Affirmative Fair Housing Marketing Plan (AFHMP) 
must meet all applicable HUD requirements. A copy of the approved AFHMP 
that is less than five years old should be attached with the request 
for funding. If the owner does not have an approved AFHMP the 
application will be considered incomplete and thus ineligible.
    17. The project owner must demonstrate that: (i) the project 
accounts have been maintained in accordance with all HUD requirements; 
and (ii) there are insufficient funds in the operating budget and other 
project resources.
    18. The owner must be current with filing of the audited financial 
statements and all findings, if any, resolved within 30 days.
    19. HUD will not fund incomplete applications. If an application is 
missing mandatory exhibits the application will be considered non-
responsive to the NOFA, thus leaving your application ineligible for 
review. If an application needs revisions to meet requirements, the 
application shall be deemed incomplete and therefore ineligible for 
funding. Applicants notified of incomplete or nonresponsive 
applications must resubmit the application. Resubmissions shall be 
placed in the funding queue based upon the validation date and time for 
receipt of the resubmission for electronic applications or by HUD in 
the case of applicants granted a waiver to the electronic application 
requirement. Please refer to section IV.B., Content and Form of 
Application Submission for further information.
    20. DUNS Requirement. All ECRP applicants must have a Dun and 
Bradstreet Universal Data Numbering Systems (DUNS) number. The DUNS 
number must be included in the data entry field labeled 
``organizational DUNS'' on the form SF-424. Instructions for obtaining 
a DUNS number can be found at either http://www.hud.gov/offices/adm/grants/duns.cfm or http://www.grants.gov/applicants/request_duns_number.jsp. When registering with Dun and Bradstreet, please be sure to 
use the organization's legal name that is used when filing a return 
with or making payments to the Internal Revenue Service. Organizations 
should also provide the zip code using the zip code plus the four 
additional digits.
    21. Compliance With Fair Housing and Civil Rights Laws.
    a. With the exception of federally recognized Indian tribes and 
their instrumentalities, applicants must comply with all applicable 
fair housing and civil rights requirements in 24 CFR 5.105(a). If you 
are a federally recognized Indian tribe, you must comply with the 
nondiscrimination provisions enumerated at 24 CFR 1000.12, as 
applicable. In addition to these requirements, there may be program-
specific threshold requirements identified in the individual program 
NOFAs.
    b. If you, the applicant:
    (1) Have been charged with an ongoing systemic violation of the 
Fair Housing Act; or
    (2) Are a defendant in a Fair Housing Act lawsuit filed by the 
Department of Justice alleging an ongoing pattern or practice of 
discrimination; or
    (3) Have received a letter of findings identifying ongoing systemic 
noncompliance under Title VI of the Civil Rights Act of 1964, Section 
504 of the Rehabilitation Act of 1973, or section 109 of the Housing 
and Community Development Act of 1974, and the charge, lawsuit, or 
letter of findings referenced in subparagraphs (1), (2), or (3) above 
has not been resolved to HUD's satisfaction before the application 
deadline, then you are ineligible and HUD will not rate and rank your 
application. HUD will determine if actions to resolve the charge, 
lawsuit, or letter of findings taken before the application deadline 
are sufficient to resolve the matter.

[[Page 71026]]

    Examples of actions that would normally be considered sufficient to 
resolve the matter include, but are not limited to:
    (a) A voluntary compliance agreement signed by all parties in 
response to a letter of findings;
    (b) A HUD-approved conciliation agreement signed by all parties;
    (c) A consent order or consent decree; or
    (d) An issuance of a judicial ruling or a HUD Administrative Law 
Judge's decision.
    22. Conducting Business in Accordance With Core Values and Ethical 
Standards/Code of Conduct. Applicants subject to 24 CFR parts 84 or 85 
(most nonprofit organizations and State, local, and tribal governments 
or government agencies or instrumentalities that receive Federal awards 
of financial assistance) are required to develop and maintain a written 
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). Consistent with 
regulations governing specific programs, your code of conduct must 
prohibit real and apparent conflicts of interest that may arise among 
officers, employees, or agents; prohibit the solicitation and 
acceptance of gifts or gratuities by your officers, employees, or 
agents for their personal benefit in excess of minimal value; and 
outline administrative and disciplinary actions available to remedy 
violations of such standards. Before entering into an agreement with 
HUD, an applicant awarded assistance under a HUD program NOFA announced 
in FY2008 will be required to submit a copy of its code of conduct and 
describe the methods it will use to ensure that all officers, 
employees, and agents of its organization are aware of its code of 
conduct. An applicant is prohibited from receiving an award of funds 
from HUD if it fails to meet this requirement for a code of conduct. An 
applicant who previously submitted an application and included a copy 
of its code of conduct will not be required to submit another copy if 
the applicant is listed on HUD's Web site http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm, and if the information has not 
been revised. An applicant not listed on the Web site must submit a 
copy of its code of conduct with its FY2008 application for assistance. 
An applicant must also include a copy of its code of conduct if the 
information listed on the above Web site has changed (e.g., the person 
who submitted the previous application is no longer your authorized 
organization representative, the organization has changed its legal 
name or merged with another organization, or the address of the 
organization has changed, etc.). Any applicant that needs to may submit 
its code of conduct to HUD via facsimile using the form HUD-96011, 
``Facsimile Transmittal'' (``Third Party Documentation Facsimile 
Transmittal'' on Grants.gov) at the time of application submission. 
When using the facsimile transmittal form, please type the requested 
information. Use the form HUD-96011 as the cover page for the 
submission and include the following header in the top line of the form 
under Name of Document Being Requested: ``Code of Conduct for (insert 
your organization's name, city, and State).'' Fax the information to 
HUD's toll-free number at 800-894-4047. If you cannot access the 800 
number or have problems, you may use 215-825-8796 (this is not a toll-
free number).
    23. Judgment Liens for Federal Debts. Applicants with a judgment 
lien against the applicant's property for a debt to the United States 
are not eligible to receive this grant unless the judgment is paid in 
full, otherwise satisfied or HUD has allowed the waiver of the judgment 
lien disqualification. See, 28 U.S.C. section 3201(e).
    24. Delinquent Federal Debts. Although the existence of delinquent 
federal debts will not disqualify an applicant, the Department 
considers the existence of such delinquency a significant negative 
factor when assessing an application. HUD encourages applicants to 
resolve delinquent federal debts prior to application.
    25. Name Check Review. Applicants are subject to a name check 
review process. Name checks are intended to reveal matters that 
significantly reflect on the applicant's management and financial 
integrity, including if any key individual has been convicted or is 
presently facing criminal charges. If the name check reveals 
significant adverse findings that reflect on the business integrity or 
responsibility of the applicant or any key individual, HUD reserves the 
right to: (1) Deny funding or consider suspension or termination of an 
award immediately for cause, (2) require the removal of any key 
individual from association with management or implementation of the 
award, and (3) make appropriate provisions or revisions with respect to 
the method of payment or financial reporting requirements.
    26. False Statements. A false statement in an application is 
grounds for denial or termination of an award and possible criminal, 
civil or administrative sanctions.
    27. Prohibition Against Lobbying Activities. Applicants are subject 
to the provisions of Section 319 of Public Law 101-121 (approved 
October 23, 1989) (31 U.S.C. 1352) (the Byrd Amendment), which 
prohibits 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. In addition, applicants must disclose, using Standard 
Form LLL (SF-LLL), ``Disclosure of Lobbying Activities,'' any funds, 
other than federally appropriated funds, that will be or have been used 
to influence federal employees, members of Congress, or congressional 
staff regarding specific grants or contracts. Federally recognized 
Indian tribes and tribally designated housing entities (TDHEs) 
established by federally recognized Indian tribes as a result of the 
exercise of the tribe's sovereign power are excluded from coverage of 
the Byrd Amendment, but state-recognized Indian tribes and TDHEs 
established only under state law must comply with this requirement. 
Applicants must submit the SF-LLL if they have used or intend to use 
federal funds for lobbying activities.
    28. Debarment and Suspension. In accordance with Departmental 
regulations, debarred or suspended parties, or parties proposed for 
debarment under the Federal Acquisition Regulations, are not eligible 
to participate in this grant program. For further information see 2 CFR 
Parts 180 and 2424 as well as 48 CFR Parts 9 and 2409.

F. Other Requirements.

    1. Economic Opportunities for Low- and Very Low-Income Persons 
(Section 3). Section 3 of the Housing and Urban Development Act of 1986 
(Section 3), 12 U.S.C. 1701u (Economic Opportunities for Low- and Very 
Low-Income Persons in Connection With Assisted Projects), and the HUD 
regulations at 24 CFR Part 135 apply to HUD-funded Housing Projects in 
excess of $200,000 involving housing rehabilitation or housing 
construction activities. Accordingly, if the applicant's expenditure of 
section 3 covered financial assistance for housing rehabilitation or 
construction will result in new hiring or contracting opportunities, 
said opportunities shall be directed to low- and very low-income 
persons within the local community and/or the businesses that employ 
these individuals. Recipients of section 3 covered financial assistance 
are required to comply with the responsibilities at 24 CFR Part 135.32, 
to the greatest extent feasible. In addition, recipients are required 
to submit the section 3 Summary Report, annually to the Office of Fair 
Housing and Equal Opportunity

[[Page 71027]]

in Washington, DC, in accordance with 24 CFR Part 135.90. Section 3 
annual reports are to be submitted on form HUD-60002--Section 3 Summary 
Report or via HUD's online system at http://www.hud.gov/offices/fheo/section3/section3.cfm.
    2. Additional Nondiscrimination and Other Requirements. Applicants 
and their sub recipients must comply with Civil Rights Laws and 
Affirmatively Furthering Fair Housing. For further information refer to 
section III.C.4a. and b. of the General Section of the SuperNOFA.
    3. Participation in HUD-Sponsored Program Evaluation. As a 
condition of the receipt of financial assistance under a HUD program 
NOFA, all successful applicants will be required to cooperate with all 
HUD staff or contractors who perform HUD-funded research or evaluation 
studies.
    4. Drug-Free Workplace. Applicants awarded funds from HUD are 
required to provide a drug-free workplace. Compliance with this 
requirement means that the applicant will: a. Publish a statement 
notifying employees that it is unlawful to manufacture, distribute, 
dispense, possess, or use a controlled substance in the applicant's 
workplace and that such activities are prohibited. The statement must 
specify the actions that will be taken against employees for violation 
of this prohibition. The statement must also notify employees that, as 
a condition of employment under the federal award, they are required to 
abide by the terms of the statement and that each employee must agree 
to notify the employer in writing of any violation of a criminal drug 
statute occurring in the workplace no later than 5 calendar days after 
such violation;
    b. Establish an ongoing drug-free awareness program to inform 
employees about:
    (1) The dangers of drug abuse in the workplace;
    (2) The applicant's policy of maintaining a drug-free workplace;
    (3) Any available drug counseling, rehabilitation, or employee 
maintenance programs; and
    (4) The penalties that may be imposed upon employees for drug abuse 
violations occurring in the workplace;
    c. Notify the federal agency in writing within 10 calendar days 
after receiving notice from an employee of a drug abuse conviction or 
otherwise receiving actual notice of a drug abuse conviction. The 
notification must be provided in writing to HUD's Office of 
Departmental Grants Management and Oversight, Department of Housing and 
Urban Development, 451 Seventh Street, SW., Room 3156, Washington DC 
20410-3000, along with the following information:
    (1) The program title and award number for each HUD award covered;
    (2) The HUD staff contact name, telephone, and fax numbers; and
    (3) A grantee contact name, telephone, and fax numbers; and
    d. Require that each employee engaged in the performance of the 
federally funded award be given a copy of the drug-free workplace 
statement required in item (a) above and notify the employee that one 
of the following actions will be taken against the employee within 30 
calendar days of receiving notice of any drug abuse conviction:
    (1) Institution of a personnel action against the employee, up to 
and including termination consistent with requirements of the 
Rehabilitation Act of 1973, as amended; or
    (2) Imposition of a requirement that the employee participate 
satisfactorily in a drug abuse assistance or rehabilitation program 
approved for such purposes by a federal, state, or local health, law 
enforcement, or other appropriate agency.
    5. Compliance with the Federal Funding Accountability and 
Transparency Act of 2006 (Pub.L. 109-282) (Transparency Act). 
Applicants receiving an award from HUD should be aware of the 
requirements of the Transparency Act. The Transparency Act requires the 
establishment of a central website that makes information available to 
the public regarding entities receiving federal financial assistance, 
by not later than January 1, 2008. In fulfillment of the requirements 
of the Act, OMB launched http://www.USAspending.gov in December 2007. 
The website makes information available to the public on the direct 
awards made by the federal government. The Transparency Act also 
requires, beginning not later than January 2009, that data on subawards 
be made available on the same website. In anticipation of the 
implementation of this requirement, HUD is placing awardees of its 
FY2008 competitive funding on notice of these requirements and notes 
that once implemented, grantees will be required to report their 
subaward data to HUD or a central federal database. The only exceptions 
to this requirement under the Act are: (i) Federal transactions below 
$25,000, (ii) credit card transactions prior to October 1, 2008, (iii) 
awards to entities that demonstrate to the Director of OMB that the 
gross income of such entity from all sources did not exceed $300,000 in 
the previous tax year of such entity, and (iv) awards to individuals. 
Guidance for receiving an exception under item (iii) above has not been 
finalized by OMB.
    HUD is responsible for placing award information for direct 
grantees on the government Web site. The reporting of subaward data is 
the responsibility of the grantee. Grantees should be aware that the 
law requires the information provided on the federal Web site to 
include the following elements related to all subaward transactions, 
except as noted above:
    (1) The name of the entity receiving the award;
    (2) The amount of the award;
    (3) Information on the award including the transaction type, 
funding agency, the North American Industry Classification System code 
or Catalog of Federal Domestic Assistance (CFDA) number (where 
applicable), program source, and an award title descriptive of the 
purpose of each funding action;
    (4) The location of the entity receiving the award and primary 
location of performance under the award, including the city, state, 
congressional district, and country;
    (5) A unique identifier of the entity receiving the award and of 
the parent entity of the recipient (the DUNS number), should the entity 
be owned by another entity; and
    (6) Any other relevant information specified by OMB.
    HUD expects OMB to issue further guidance on subaward reporting 
during FY2008. Based on preliminary input from the various federal 
agencies, applicants should be aware that consideration is being given 
to requiring the disclosure of additional data elements to help track 
the flow of funding from the original federal award. Such data elements 
under consideration include the tier at which the subaward was made, 
the federal award number issued to the direct awardee, the dollar 
amount of the federal award emanating from the direct award going to 
the subawardee, as well as the total subaward amount, which could 
include funds from other sources. Additional information regarding 
these requirements will be issued by OMB and will be provided when 
available.

G. Performance-Based Requirements.

    1. Funds awarded must be expended only for approved uses.
    2. Repairs must be initiated immediately upon receiving the grant 
award and must be substantially completed within 6 months of the 
initial start, with final repairs completed no later than 12 months 
after receipt of funding. Tenants must be able to remain in their units 
while the repairs are being made.

[[Page 71028]]

    3. If there are less than 10 years remaining on the existing 
mortgage, owners must enter into a Rental Use Agreement to extend the 
remaining affordability of the project for up to 10 years. For example, 
if the maturity date of the mortgage is 3 years from the execution of 
the Grant Agreement, the owner must enter into a Rental Use agreement 
for 7 years beyond the term of the mortgage. If the maturity date of 
the mortgage is 15 years, the owner will not need to execute a Rental 
Use Agreement unless the mortgage is prepaid. All Rental Use Agreements 
must be recorded.
    4. All excess Residual Receipts and any Reserve for Replacement 
funds over $1000/unit in Project Accounts that are not approved for 
another use at the time of application to HUD under this NOFA are 
considered available funds and must be applied toward the cost of the 
emergency repair(s).
    5. Tenants must be able to remain in their units while the repairs 
are being made.
    6. Environmental Requirements. If the grant assistance is for 
temporary or permanent improvements that do not alter environmental 
conditions and are limited to protection, repair or restoration 
activities necessary only to control or arrest the effects from 
disasters or imminent threats to public safety, including those 
resulting from physical deterioration, then no environmental review is 
required. However, if the grant assistance will alter environmental 
conditions, then HUD must perform an environmental review pursuant to 
24 CR part 50. HUD may require the owner to submit the information 
necessary for HUD to perform its environmental review. Also, if any of 
the project structures are in FEMA designated special flood hazard 
areas, flood insurance is required for the life of the proposed 
project.
    7. Davis-Bacon prevailing wage rate requirements do not apply to 
emergency capital repair grants. Davis-Bacon requirements may apply to 
emergency repairs if the repairs will also be assisted by another 
federal program that requires Davis-Bacon wage rates.
    H. Request for Waiver of Electronic Application Submission 
Requirement. Applicants may request a waiver of the electronic 
application submission requirement. Waiver requests must be submitted 
in writing following the publication of this Notice. HUD will make 
every effort to respond to a waiver request within 15 days of receipt. 
Applicants should take the time for consideration of the waiver request 
and how it will impact the placement of the application in the funding 
queue. HUD's waiver policy, found in 24 CFR 5.1005, allows waivers for 
cause. The request must be addressed to the Assistant Secretary for 
Housing at the following address: Brian D. Montgomery, Assistant 
Secretary for Housing-Federal Housing Commissioner, Department of 
Housing and Urban Development, 451 Seventh Street, SW., Room 9100, 
Washington, DC 20410-8000. Waiver requests submitted by fax must be 
sent to (202) 708-3104. Waiver requests must provide the basis upon 
which the request is made, specifically addressing why electronic 
submission is not possible. The basis for waivers for cause may 
include, but is not limited to, (a) lack of available Internet access 
in the geographic location in which the applicant's business office is 
located; or (b) physical disability of the applicant that prevents the 
applicant from accessing or responding to the application 
electronically. The waiver request must include an e-mail or name and 
mailing address where responses can be directed. HUD will not consider 
a waiver request that does not conform to the above requirements. To 
avoid delays, waiver requests should be sent by United States Postal 
Service Express Mail. You, the applicant, should retain a receipt for 
the mailing showing the date submitted to the Postal Service. HUD will 
acknowledge receipt of the waiver request by e-mail, if an e-mail 
address is provided or by United States Postal Service Express Mail or 
other available means. HUD will not make determinations or respond to 
waiver requests via telephone. If an applicant intends to file multiple 
funding requests, each request for waiver to the application submission 
process must be filed separately. HUD will inform applicants whether or 
not their waiver request has been granted. In the event a waiver is 
granted, the date and time the application is received by HUD in the 
office or offices designated in the response granting the waiver, will 
be the basis upon which placement in the funding queue is made. Paper 
applications will be placed in the same funding queue as applications 
received electronically. Applicants should be aware that due to 
security restrictions, HUD no longer accepts applications by hand 
delivery.

IV. Application and Submission Information

    A. Addresses to Request Application Package. All application 
information is available from http://www.grants.gov at http://www.grants.gov/applicants/apply_for_grants.jsp. If you have 
difficulty accessing the information, you can receive customer support 
from Grants.gov by calling the help line at 800-518-Grants or by 
sending an e-mail to [email protected]. If you do not have access, you 
may obtain an ECRP application by calling the NOFA Information Center 
at (voice): 800-HUD-8929 (800-483-8929). Persons with a hearing or 
speech impairment may access this number via TTY by calling the Federal 
Information Relay Service at 800-877-8339. Please be sure to provide 
your name, address (including zip code), and telephone number 
(including area code).
    1. Multiple Applications. Owners may not submit multiple 
applications for the same elderly housing development. HUD will only 
accept one ECRP application per project under this NOFA.
    2. For Technical Assistance. Before the ECRP funding expiration, 
HUD staff will be available to provide you with general guidance and 
technical assistance. However, HUD staff is not permitted to assist in 
preparing your application. For technical support for downloading the 
ECRP application or submitting the application, call the toll free 
Grants.gov Customer Support line at 1-800-518-Grants or send an e-mail 
message to [email protected].
    B. Content and Form of Application Submission. There are 9 required 
exhibits under the ECRP, including prescribed forms. Your application 
must include all of the information, materials, forms, and exhibits 
listed below (Please see the General Section for instructions on how to 
submit third party and other documents such as bank statements, project 
plan and construction schedule, etc.):
    1. Exhibit I. A request in letter form and signed by the owner. 
Requests signed by a consultant or management agent on behalf of the 
owner are not acceptable. The letter must identify the basis for the 
emergency declaration and how it impacts the health and safety of the 
tenants, as well as what would happen if the emergency repairs were not 
made immediately. The request must also identify the repairs proposed 
and cost to correct the emergency for which funding is requested. Note: 
Repair items identified on the REAC physical inspection report are not 
sufficient to be classified as emergency in nature. Include brief 
narratives explaining how all of the eligibility (Section III, A. and 
B.) and other requirements (Section III. E., F. and G.) in this NOFA 
have been met.
    2. Exhibit II. The estimate for the cost is to be written in a 
manner that specifically describes the scope of work to be performed, 
provides an estimate of the cost of the work to be performed,

[[Page 71029]]

and provides an explanation of the basis for the estimate. The estimate 
provided for the cost of each action item must be reasonable and 
current (within 6 months prior to application submission).
    3. Exhibit III. Evidence that demonstrates the repairs cannot be 
corrected at a cost that can be absorbed within the operating budget or 
by use of the reserve for replacement funds in excess of $1,000 per 
unit and all available residual receipts funds. Include bank 
statements, Reserve for Replacement analysis, project budget analysis, 
etc. If the total cost to eliminate the emergency repair exceeds 
$500,000, identification of other sources that will be used is needed.
    4. Exhibit IV. Provide a project plan and construction schedule for 
substantially completing the repairs within 6 months, but no longer 
than 12 months from the date of the grant award.
    5. Exhibit V. Provide evidence that the owner notified the tenants 
of the plans to apply for this grant.
    6. Exhibit VI. Provide the current approved Affirmative Fair 
Housing Marketing Plan that is less than 5 years old.
    7. Exhibit VII. Provide a description of any unsuccessful attempts 
the owner has made to acquire funding from other sources, including 
letters of denial from funding sources, to complete the outstanding 
emergency capital repairs.
    8. Exhibit VIII. Provide a description of any previous grants or 
loans received by the project during the past 3 years from the 
effective date of the NOFA.
    9. Exhibit IX. Forms and Certifications:
    1. Form SF-424 Application for Federal Assistance.
    2. HUD-2880 Applicant/Recipient/Update/Disclosure Report.
    3. HUD-96011 ``Third Party Documentation Facsimile Transmittal''.
    4. SF-LLL, Disclosure of Lobbying activities, if applicable.
    5. Code of Conduct, if applicable.
    Application Submission: (Refer to Section IV. of the General 
Section for further instructions on the delivery and receipt of 
applications.) If an applicant does not follow the faxing instructions, 
HUD will not be able to match faxes to an electronic application 
submission. Faxed documents will only be accepted as part of an 
electronic application submission. HUD will not accept applications for 
review sent in entirely by fax nor accept applications by fax from 
applicants granted a waiver to the electronic application submission 
requirement.
    C. Other Submission Requirements.
    1. Application Submission and Receipt Procedures. Unless you 
received a waiver to the electronic application submission 
requirements, your completed ECRP application must be submitted via 
http://www.grants.gov/applicants/applyfor_grants.jsp and must be 
received and validated by Grants.gov. Refer to Section IV.F. of the 
General Section for additional information on application submission 
requirements.
    2. Electronic Delivery. The Grants.gov Web site offers a simple, 
unified application process. There are several registration steps 
applicants need to complete. Further information is contained in the 
General Section. ECRP applicants should also read HUD's Federal 
Register Notice on Early Registration which can be found on HUD's Web 
site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    3. Instructions on how to submit electronically are outlined in 
HUD's ``Desktop User's Guide'' located on HUD's Grants Web site at: 
http://www.hud.gov/grants/index.dfm.
    4. Waiver of Electronic Submission Requirement. See Section III.H. 
of this notice for information regarding waivers of the electronic 
submission requirement.
    5. Hubs and Field Offices Addresses. If you are granted a waiver to 
the electronic application submission requirement, your waiver approval 
will provide the information on the number of copies of the application 
you are required to submit and where to submit the application. If you 
send your application to the wrong Hub Office, it will be rejected.

V. Application Review

    A. Applications with deficiencies will not be processed. HUD will 
require that owners revise and resubmit an application to meet review 
requirements. Applications not meeting requirements will be taken out 
of queue when the applicant is notified of deficiencies and the 
applicant asked to resubmit the application again as a new application 
with the noted weaknesses cured. The resubmitted application will be 
processed as a new request in the order in which it is received and 
validated by Grants.gov if filed electronically, or received by the 
appropriate HUD office.
    B. Only those ECRP applications that meet all threshold 
requirements will be eligible to receive an award. Applications that do 
not pass the requirements will be rejected.
    C. Review Process. HUD staff teams will review ECRP applications. 
All applications will be either approved or disapproved. If your 
application meets all program eligibility requirements it may be 
awarded the requested grant funds.

VI. Award Administration Information

    A. Award Notices
    1. The Grant Agreement, and the Form HUD-1044, signed by both the 
Recipient and Grant Officer, shall serve as the obligating documents. 
Unsuccessful applicants will be notified, by mail, within 30 days of 
the announcement of the awards.
    2. Adjustments to Funding. HUD will not fund any portion of your 
application that is not eligible for funding under specific program 
statutory or regulatory requirements; does not meet the requirements of 
this notice; or may be duplicative of other funded programs or 
activities. Only the eligible portion of your application will be 
funded.
    B. Reporting
    1. Progress Report. Recipients of funding under this program NOFA 
shall submit a progress report every six months after the effective 
date of the Grant Agreement. HUD is requiring performance-based 
management and therefore, every six months owners must report their 
progress in attaining the goals and objectives they proposed in their 
application. Each semi-annual report must identify and explain any 
deviations (positive or negative) from outputs and outcomes proposed 
and approved by HUD, including budgetary and scheduling deviations.
    2. Racial and Ethnic Data. HUD requires that funded recipients 
collect racial and ethnic beneficiary data. HUD has adopted the Office 
of Management and Budget's Standards for the Collection of Racial and 
Ethnic Data. In view of these requirements, you should use HUD-27061--
Racial and Ethnic Data Reporting Form (instructions for its use) found 
on http://www.HUDclips.org.

VII. Agency Contact(s)

    A. For Further Information and Technical Assistance. You should 
contact the HUD Multifamily Hub in your geographical area. For a list 
of HUD Multifamily Hub Offices, see HUD's Web site at http://www.hud.gov/offices/adm/grants/fundavail.cfm. You may also contact G. 
Dewayne Kimbrough, Director, Grant and Housing Assistance Field Support 
Division, Office of Multifamily Housing, Room 6146, at (202) 708-3000, 
extension 4160 for questions regarding the ECRP grant award process. 
This is not a toll-free number. Mr. Kimbrough can be reached by e-mail 
at [email protected]. If you have a hearing or speech 
impairment, you may access the telephone number

[[Page 71030]]

via TTY by calling the Federal Information Relay Service at 800-877-
8339.

VIII. Other Information

    A. Paperwork Reduction Act. The information collection requirements 
contained in this document have been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520) and assigned OMB control number 2502-0542. In 
accordance with the Paperwork Reduction Act, HUD may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless the collection displays a currently valid OMB 
control number. Public reporting burden for the collection of 
information is estimated to average 80 hours per respondent for the 
application. This includes the time for collecting, reviewing, and 
reporting the data for the application. The information will be used 
for grantee selection and monitoring the administration of funds. 
Response to this request for information is required in order to 
receive the benefits to be derived.
    B. Environmental Review. A Finding of No Significant Impact (FONSI) 
with respect to the environment has been made for this notice in 
accordance with HUD regulations at 24 CFR part 50 that implement 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)(C)). The FONSI is available for public inspection 
between 8 a.m. and 5 p.m. Eastern Time, Monday through Friday, except 
federal holidays, in the Office of the General Counsel, Regulations 
Division, Room 10276, Department of Housing and Urban Development, 451 
Seventh Street, SW., Washington, DC 20410-0500. Due to security 
measures at the HUD Headquarters building, please schedule an 
appointment to review the FONSI by calling the Regulations Division at 
(202) 708-3055 (this is not a toll-free number).

    Dated: November 12, 2008.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary for Housing.
 [FR Doc. E8-27663 Filed 11-21-08; 8:45 am]
BILLING CODE 4210-67-P