13374 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

[Docket No.: RHS–22–MFH–0003] 

Section 514 Off-Farm Labor Housing 

Loans and Section 516 Off-Farm Labor 

Housing Grants To Improve, Repair, or 

Make Modifications to Existing OffFarm Labor Housing Properties for 

Fiscal Year 2022 

AGENCY: Rural Housing Service, USDA. 

ACTION: Notice of Funds Availability 

(NOFA). 

SUMMARY: The Rural Housing Service 

(RHS), a Rural Development agency of 

the United States Department of 

Agriculture, announces that it is 

accepting pre-applications for 

subsequent Section 514 Off-Farm Labor 

Housing (Off-FLH) loans and 

subsequent Section 516 Off-FLH grants 

to improve, repair, or make 

modifications to existing Off-Farm 

Labor Housing Properties for fiscal year 

2022. Funds made available under this 

notice are $5,500,000 for Section 514 

loans and $17,000,000 for Section 516 

grants. This Notice describes the 

method used to distribute funds, the 

pre-application and final application 

process, and submission requirements. 

DATES: Eligible pre-applications 

submitted to the Production and 

Preservation Division, Processing and 

Report Review Branch, for this Notice 

will be accepted until April 25, 2022, 12 

p.m., Eastern Standard Time. Preapplications that are deemed eligible 

but are not selected for further 

processing, will be withdrawn from 

processing. RHS will not consider any 

application that is received after the 

established deadlines unless the date 

and time are extended by another Notice 

published in the Federal Register. The 

RHS may at any time supplement, 

extend, amend, modify, or supersede 

this Notice by publishing another Notice 

in the Federal Register. Additional 

information about this funding 

opportunity can be found on the 

Grants.gov website at https://

www.grants.gov. 

The application deadlines are as 

follows: 

1. Pre-applications must be submitted 

by April 25, 2022, 12 p.m., Eastern 

Standard Time. 

2. RHS notification to applicants by 

June 27, 2022. 

3. Final applications must be 

submitted by August 29, 2022, 12 p.m., 

Eastern Standard Time. 

4. Awards communicated to 

applicants by October 31, 2022. 

5. Awards posted to the RHS website 

by November 30, 2022. 

ADDRESSES: Applications to this Notice 

must be submitted electronically to the 

Production and Preservation Division, 

Processing and Report Review Branch. 

At least two business days prior to the 

application deadline, the applicant must 

email the RHS a request to create a 

shared folder in CloudVault. The email 

must be sent to the following address: 

Off-FLHapplication@usda.gov. The 

email must contain the following 

information: 

1. Subject line: ‘‘Off-FLH Repair 

Application Submission.’’ 

2. Body of email: Borrower Name, 

Project Name, Borrower Contact 

Information, Project State. 

3. Request language: ‘‘Please create a 

shared CloudVault folder so that we 

may submit our application 

documents.’’ 

Once the email request to create a 

shared CloudVault folder has been 

received, a shared folder will be created 

within 2 business days. When the 

shared CloudVault folder is created by 

the RHS, the system will automatically 

send an email to the applicant’s 

submission email with a link to the 

shared folder. All required application 

documents in accordance with this 

Notice must be loaded into the shared 

CloudVault folder. When the 

submission deadline is reached the 

applicant’s access to the shared 

CloudVault folder will be removed. Any 

document uploaded to the shared 

CloudVault folder after the application 

deadline will not be reviewed or 

considered. 

For further instructions, please refer 

to Section C. Pre-Application and 

Submission Information of this Notice. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Bell, Director, Processing and 

Report Review Branches, Production 

and Preservation Division, Multifamily 

Housing Programs, Rural Development, 

United States Department of 

Agriculture, via email: 

MFHprocessing1@usda.gov or 

telephone: (254) 742–9764. 

For information regarding the 

Addendum: Capital Needs Assessment 

Process located at the end of this notice, 

contact: Jonathan Bell, Director, 

Processing and Report Review Branches, 

Production and Preservation Division, 

Multifamily Housing Programs, Rural 

Development, United States Department 

of Agriculture, via email: 

MFHprocessing1@usda.gov or 

telephone: (254) 742–9764. 

SUPPLEMENTARY INFORMATION: 

Authority 

This solicitation is authorized 

pursuant to the Title V of the Housing 

Act of 1949 (Pub. L. 81–171), as 

amended; 7 CFR 3560, subpart L; 42 

U.S.C. 1484; 42 U.S.C. 1486(h); and 42 

U.S.C. 1480. 

Rural Development: Key Priorities 

The RHS encourages applicants to 

consider projects that will advance the 

following key priorities: 

• Assisting Rural communities 

recover economically from the impacts 

of the COVID–19 pandemic, particularly 

disadvantaged communities; 

• Ensuring all rural residents have 

equitable access to RD programs and 

benefits from RD funded projects; and 

• Reducing climate pollution and 

increasing resilience to the impacts of 

climate change through economic 

support to rural communities. 

For further information, visit https:// 

www.rd.usda.gov/priority-points. 

Background 

USDA’s Rural Development Agencies, 

comprising the Rural BusinessCooperative Service (RB–CS), Rural 

Housing Service (RHS), and the Rural 

Utilities Service (RUS), are leading the 

way in helping rural America improve 

the quality of life and increase the 

economic opportunities for rural people. 

RHS offers a variety of programs to 

build or improve housing and essential 

community facilities in rural areas. The 

Agency also offers loans, grants, and 

loan guarantees for single- and multifamily housing, child-care centers, fire 

and police stations, hospitals, libraries, 

nursing homes, schools, first responder 

vehicles and equipment, housing for 

farm laborers and much more. The 

Agency also provides technical 

assistance loans and grants in 

partnership with non-profit 

organizations, Indian tribes, state and 

Federal government agencies, and local 

communities. 

Sections 514 and 516 of the Housing 

Act of 1949 allows the RHS to provide 

competitive financing and grants, 

respectively, for affordable multi-family 

rental housing. The program objective is 

to better administer repair funds in a 

fair, equitable, and transparent manner. 

Funds will be used to improve, repair, 

or make modifications to existing OffFLH properties currently financed by 

the RHS that serve domestic farm 

laborers, retired domestic farm laborers, 

or disabled domestic farm laborers. 

To focus investments in areas where 

the need for increased prosperity is 

greatest, the RHS will set aside 10 

percent of the available funds for 


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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Notices 13375 

applications that will serve persistent 

poverty counties. Persistent poverty 

counties are areas where at least 20 

percent of the population is living in 

poverty over the last 30 years (measured 

by the 1980, 1990, 2000 and 2010 

decennial censuses and 2007–2011 

American Community Survey 5-year 

estimates) according to the American 

Community Survey census tract data. 

Information on which counties are 

considered persistent poverty counties 

can be found through the United States 

Department of Agriculture’s (USDA) 

Economic Research Service (ERS) 

(https://ers.usda.gov/). ERS is the main 

source of economic information and 

research for USDA and a principal 

agency of the U.S. Federal Statistical 

System located in Washington, DC. Setaside funds will be awarded in the order 

of receipt of pre-applications. Once the 

set-aside funds are exhausted, any 

further set-aside applications will be 

evaluated and ranked with the other 

applications submitted in response to 

this Notice. If the RHS does not receive 

enough eligible applications to fully 

utilize the 10 percent set aside in the 

service of these areas, the RHS will 

award any unused set aside funds to 

other eligible applicants. 

Overview 

Federal Agency: Rural Housing 

Service. 

Funding Opportunity Title: Section 

514 Off-Farm Labor Housing Loans and 

Subsequent Section 516 Off-Farm Labor 

Housing Grants to Improve, Repair, or 

Make Modifications to existing Off-Farm 

Labor Housing Properties for Fiscal Year 

2022. 

Funding Opportunity Number: 

USDA–RD–HCFP–FLH–2022. 

Available Funds: Section 514 Loans: 

$5,500,000; Section 516 Grants: 

$17,000,000. 

Maximum Award: Award may not 

exceed $15,000 per unit (total loan and 

grant). There is no minimum award. 

Announcement Type: Request for 

applications from qualified applicants 

for Fiscal Year 2022. 

Assistance Listing Numbers (formerly 

CFDA): 10.405. 

Please Note: Expenses incurred in 

developing pre-applications and final 

applications will be at the applicant’s 

sole risk. 

A. Federal Award Description 

(1) Pre-applications will only be 

accepted through the date and time 

listed in this Notice. The maximum 

award per selected project may not 

exceed $15,000 per unit (total loan and 

grant). There is no minimum award 

requirement. Substantial rehabilitation 

or proposals for limited improvements, 

repairs, or modifications such as 

accessibility compliance and health and 

safety issues will be considered under 

this Notice. 

(2) A State will not receive more than 

50 percent of the Off-FLH funding 

unless there are remaining Section 514 

and Section 516 funds after all eligible 

applications nationwide have been 

funded. In this case, funds will be 

awarded to the next highest-ranking 

eligible applications among all of the 

remaining unfunded applications. The 

allocation of these funds may result in 

a State or States exceeding the 50 

percent limitation. 

(3) Section 516 Off-FLH grants may 

not exceed 90 percent of the total 

development cost (TDC) of the proposed 

transaction. TDC is defined in 7 CFR 

3560.11. Section 514 Off-FLH loans may 

not exceed the limits set forth in 7 CFR 

3560.562(b). 

(4) Applications that propose the use 

of Low-Income Housing Tax Credits 

(LIHTC), will not be considered and are 

not eligible under this Notice. 

(5) Any proposed leveraged funds 

must be in the form of a grant or similar 

funding source with no debt service. No 

other source of leveraged funds is 

acceptable. Pre-applications that 

propose the use of leveraged funds must 

include firm commitment letters within 

their final application, if available. If the 

applicant is unable to secure a thirdparty firm commitment letter within 180 

calendar days from the issuance of the 

award letter under this NOFA, the 

application will be deemed incomplete, 

and the award letter will be considered 

null and void. 

(6) A firm commitment letter is 

defined as a grantor’s unqualified 

pledge to the applicant that they meet 

their guidelines, and they are willing to 

offer the applicant a grant under 

specified terms. The letter validates that 

the applicant’s grant has been fully 

approved and that the grantor is 

prepared to close the transaction. 

Preliminary commitment letters, term 

sheets, or any other letter from the 

grantor that does not meet the definition 

above will not be considered a firm 

commitment letter and will not meet the 

requirements specified in this Notice. 

Rental Assistance (RA) and Operating 

Assistance (OA) are not available for 

this Notice. 

(7) To maximize the use of the limited 

supply of FLH funds, the RHS may 

contact eligible applicants selected for 

an award in point score order starting 

with the highest score, with proposals to 

modify the transaction’s proportions of 

loan and grant funds. In addition, if 

funds remain after the highest scoring 

eligible applications are selected for 

awards, we may contact those eligible 

applicants selected for the awards, in 

point score order starting with the 

highest score, to ascertain whether those 

respondents will accept the remaining 

funds. 

(8) To enhance customer service and 

the transparency of this program, the 

RHS will publish a list of awardees 

including the project name and location 

and the loan and/or grant amounts of 

their respective awards in accordance 

with the date listed in this Notice. This 

information can be found at: https://

www.rd.usda.gov/programs-services/ 

farm-labor-housing-direct-loans-grants. 

The RHS reserves the right to post all 

information submitted as part of the preapplication and final application 

package, which is not protected under 

the Privacy Act, on a public website 

with free and open access to any 

member of the public. 

B. Eligibility Information 

(1) Housing Eligibility 

(a) Housing that is improved, 

repaired, or modified with subsequent 

Off-FLH loan and/or grant funds must 

meet the standards contained in 7 CFR 

part 1924, subparts A and C. Off-FLH 

must be managed in accordance with 7 

CFR part 3560. 

(b) Off-FLH must be operated on a 

non-profit basis and tenancy must be 

open to all qualified domestic farm 

laborers, regardless of which farm they 

work at. 

(c) Section 514(f)(3) of the Housing 

Act of 1949, as amended (42 U.S.C. 

1484(f)(3)) defines domestic farm 

laborers to include any person 

regardless of the person’s source of 

employment, who receives a substantial 

portion of his/her income from the 

primary production of agricultural or 

aqua cultural commodities in the 

unprocessed or processed stage, and 

also includes the person’s family. 

(2) Tenant Eligibility 

(a) Tenant eligibility is limited to 

persons who meet the definition of a 

‘‘domestic farm laborer,’’ or a ‘‘disabled 

domestic farm laborer,’’ or a ‘‘retired 

domestic farm laborer’’ as defined in 

Section 514(f)(3) of the Housing Act of 

1949, as amended (42 U.S.C. 1484(f)(3)). 

Section 514(f)(3)(A) of the Housing 

Act of 1949 (42 U.S.C. 1484(f)(3)(A)) has 

been amended to extend FLH tenant 

eligibility to agricultural workers legally 

admitted to the United States and 

authorized to work in agriculture. It is 

important to note, that persons admitted 

legally for agricultural work remain 

ineligible for RA as set forth in 7 CFR 


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3560.254(c). In addition, under no 

circumstance may any currently eligible 

FLH tenants be displaced from their 

homes as a result of this statutory 

change. 

(b) Owners are responsible for 

verifying tenant income eligibility. Only 

very low or low-income households are 

eligible for operating or rental assistance 

rents. Households with incomes above 

the low-income limits, moderate income 

households, must pay the full rent. 

(c) Migrant or migrant agricultural 

laborer is a person (and the family of 

such person) who receives a substantial 

portion of his or her income from farm 

labor employment and who establishes 

a residence in a location on a seasonal 

or temporary basis, in an attempt to 

receive farm labor employment at one or 

more locations away from their home 

base state, excluding day-haul 

agricultural workers whose travels are 

limited to work areas within one day of 

their residence. 

(d) Seasonal housing is housing that 

is operated on a seasonal basis, typically 

for migrants or migrant agricultural 

laborers as opposed to year-round. OffFLH subsequent loan and grant funds 

may be used to improve, repair, or 

modify existing properties currently 

financed by the RHS for seasonal or 

temporary residential use. A temporary 

residence is a dwelling which is used 

for occupancy, usually for a short period 

of time, but is not the legal residence for 

the occupant. 

(e) The requirements established in 

§ 3560.60 apply to all applications for 

Off-FLH loans and grants except that 

seasonal Off-FLH that will be occupied 

for eight months or less per year by 

migrant farmworkers while they are 

away from their residence, may be 

improved in accordance with Exhibit I 

of 7 CFR part 1924, subpart A. 

(f) For Off-FLH operating on a 

seasonal basis, the management plan 

must establish specific opening and 

closing dates. During the off-season, OffFLH may be used as defined in 7 CFR 

3560, subpart A, under short-term lease 

provisions. Where rents are charged on 

a per-unit basis and family income 

qualifies the household for rental 

assistance, rental assistance may be 

used. 

(g) Off-FLH is subject to the tenant 

contribution and rental unit rent 

requirements for Plan II housing 

established under 7 CFR 3560, subpart 

E, except where seasonal housing will 

be occupied for less than a 3-month 

period. In such instances the best 

available and practical income 

verification methods may be used with 

prior approval of the RHS. 

(h) Actual dollars earned from farm 

labor by domestic farm laborers other 

than migrant farmworkers must equal at 

least 65 percent of the annual income 

limits indicated for the Standard 

Federal regions as published by the RHS 

for their particular region of the country. 

For migrant farmworkers living in 

seasonal housing the actual dollars 

earned from farm labor by a domestic 

farm laborer must equal at least 50 

percent of annual income limits 

indicated for the Standard Federal 

regions, as published by the RHS. 

(3) Applicant Eligibility 

All eligible applicants must meet the 

following requirements: 

(a) To be eligible to receive a 

subsequent Section 514 loan for OffFLH, the applicant must meet the 

requirements of 7 CFR 3560.555(a) and 

be a broad-based nonprofit organization, 

a nonprofit organization of farmworkers, 

a federally recognized Indian tribe, a 

community organization, or an agency 

or political subdivision of State or local 

government, and must meet the 

requirements of § 3560.55, excluding 

§ 3560.55(a)(6). A broad-based nonprofit 

organization is a nonprofit organization 

that has a membership that reflects a 

variety of interests in the area where the 

housing will be located; or a limited 

partnership with a non-profit general 

partner which meets the requirements of 

§ 3560.55(d). 

(b) To be eligible to receive a 

subsequent Section 516 grant for OffFLH, the applicant must meet the 

requirements of 7 CFR 3560.555(b) and 

be a broad-based nonprofit organization, 

a nonprofit organization of farmworkers, 

a federally recognized Indian tribe, a 

community organization, or an agency 

or political subdivision of State or local 

government, and must meet the 

requirements of § 3560.55, excluding 

§ 3560.55(a)(6). A broad-based nonprofit 

organization is a nonprofit organization 

that has a membership that reflects a 

variety of interests in the area where the 

housing will be located and be able to 

contribute at least one-tenth of the total 

farm labor housing development cost 

from its own or other resources. The 

applicant’s contribution must be 

available at the time of the grant closing. 

An Off-FLH loan financed by the RHS 

may be used to meet this requirement, 

however, an RHS grant cannot be used 

to meet this requirement. Limited 

partnerships with a non-profit general 

partner are eligible for Section 514 

loans, however, they are not eligible for 

Section 516 grants. 

(c) The applicant must be unable to 

obtain similar credit elsewhere at rates 

that would allow for rents within the 

payment ability of eligible residents. 

(Note: not applicable for State or local 

public agencies or Indian tribes.) 

(d) Possess the legal and financial 

capacity to carry out the obligations 

required for the subsequent loan and/or 

grant. 

(e) Broad-based non-profit 

organizations must have a membership 

that reflects a variety of interests in the 

area where the housing will be located. 

(f) Be able to maintain, manage, and 

operate the Off-FLH for its intended 

purpose and in accordance with all RHS 

requirements as demonstrated with its 

compliance with RHS servicing 

requirements. Non-compliance with 

RHS servicing requirements with other 

projects owned and/or managed by 

natural person(s) managing/controlling 

(whether directly or indirectly through 

other entities) the borrowing entity, will 

render the applicant ineligible to 

participate in this Notice nationwide 

until the non-compliance event(s) is/are 

remedied or are in compliance with an 

RHS approved workout plan. 

(g) With the exception of applicants 

who are a non-profit organization, 

housing cooperative or public body, be 

able to provide the borrower 

contribution from their own resources 

(this contribution must be in the form of 

cash). 

(h) Not be suspended, debarred, or 

otherwise excluded from, or ineligible 

for, participation in Federal assistance 

programs under 2 CFR parts 180 and 

417. 

(i) Not be delinquent on Federal debt 

or a Federal judgment debtor, with the 

exception of those debtors described in 

7 CFR 3560.55 (b). 

(j) Be in compliance with the 

requirements of the Improper Payments 

Elimination and Recovery Improvement 

Act (IPERIA) as applied by RHS. 

(k) Additional requirements for 

applicants: If an applicant, the 

managing general partner, managing 

member, or key principal in the 

organization decision-making and 

operational authority that have control 

of the applicant and any sub-applicant 

entities involved including the actual 

natural person(s) of any sub-entity (i.e., 

other organizations, partnerships, etc.) 

exercising management and/or financial 

control of an applicant borrower, as well 

as any affiliated entity having a 10 

percent or more ownership interest, 

having a prior or existing RHS debt, the 

following additional requirements must 

be met: 

(i) The applicant must be in 

compliance with any existing loan or 

grant agreements and with all legal and 

regulatory requirements or be compliant 

with an RHS approved workout plan. 


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The RHS may require that applicants 

with monetary or non-monetary 

deficiencies be in compliance with an 

RHS approved workout plan for a 

minimum of six (6) consecutive months 

before becoming eligible for further 

assistance, as determined by the RHS. 

(ii) The applicant must be in 

compliance with Title VI of the Civil 

Rights Act of 1964, Section 504 of the 

Rehabilitation Act of 1973, and all other 

applicable civil rights laws. Under this 

Notice, the project will also be 

considered eligible to apply if there is 

a current and accepted Self-Evaluation 

Transition Plan for the project. 

(l) Additional requirements for nonprofit organizations. In addition to the 

eligibility requirements of the 

paragraphs above, non-profit 

organizations must meet the following 

criteria: 

(i) The applicant must have received 

a tax-exempt ruling from the IRS 

designating the applicant as a 501(c)(3) 

or 501(c)(4) organization. 

(ii) The applicant must have in its 

charter the provision of affordable 

housing. 

(iii) No part of the applicant’s 

earnings may benefit any of its 

members, founders, or contributors. 

(iv) The applicant must be legally 

organized under State and local law. 

(2) Additional requirements for 

limited partnerships. In addition to the 

applicant eligibility requirements of the 

paragraphs above, limited partnership 

loan applicants must meet the following 

criteria: 

(i) The general partners must be able 

to meet the borrower contribution 

requirements if the partnership is not 

able to do so at the time of loan request. 

(ii) The general partners must 

maintain a minimum 5 percent financial 

interest in the residuals or refinancing 

proceeds in accordance with the 

partnership organizational documents. 

(iii) The partnership must agree that 

new general partners can be brought 

into the organization only with the prior 

written consent of the RHS. 

(m) This Notice requires selected 

applicants to make the required equity 

contribution as outlined in 3560.63(c) 

for any new Section 514 loan. 

Applicants may be eligible to receive 

additional Return to Owner (RTO) for 

this required contribution, if applicable. 

(n) Eligibility also includes the 

continued ability of the borrower/ 

applicant to provide acceptable 

management and will include an 

evaluation of any current outstanding 

deficiencies. Any outstanding violations 

or extended open operational findings 

associated with the applicant/borrower 

or any affiliated entity having an 

identity of interest (IOI) with the project 

ownership and which are recorded in 

the RHS’s automated Multi-Family 

Information System (MFIS), will 

preclude further processing of any 

application unless there is a current and 

approved RHS workout plan and the 

applicant is in compliance with the 

provisions of the workout plan. The 

RHS may require that applicants with 

deficiencies be in compliance with an 

RHS approved workout plan for a 

minimum of six (6) consecutive months, 

as determined by the RHS. 

(4) Project Eligibility 

This Notice solicits pre-applications 

from the current borrowers/owners of 

existing Off-FLH projects currently 

participating in the RHS’s Section 514/ 

516 Off-FLH portfolio for the purpose of 

improving, repairing, modifying, 

revitalizing, and preserving the facility 

to ensure that it will continue to provide 

decent, safe, and sanitary housing. Any 

Off-FLH project that is not already 

participating in the RHS’s Section 514/ 

516 Off-FLH portfolio as evidenced by 

currently having an outstanding Section 

514 Off-FLH loan is not eligible under 

this Notice. 

(a) On-Farm Labor Housing projects 

are not eligible under this Notice. 

(b) This Notice is for stay in owner 

transactions only where the current 

owner, with an outstanding Section 514 

Off-FLH loan, may apply for subsequent 

loan and/or grant funds to improve, 

repair, or make modifications to their 

Off-FLH property. Proposals that are for 

a transfer of ownership, to sell the 

property, to complete a recapitalization, 

or for an IOI or third-party acquisition 

transaction will not be considered and 

are not eligible under this Notice. 

(c) Applications that propose the use 

of LIHTC, will not be considered and 

are not eligible under this Notice as 

stated above. 

(d) Any Off-FLH property that 

currently has an RHS approved 

Diminished Needs Waiver (DNW) or is 

in the process of applying for a DNW, 

is not eligible under this Notice. All of 

the tenants residing in the project must 

be eligible farm labor tenants as defined 

in this Notice. A DNW allows non-farm 

labor tenants to reside in farm labor 

housing if the diminished need for such 

housing has been determined and 

accepted by RHS. 

(e) The average physical vacancy rate 

for the twelve (12) months preceding 

this Notice’s pre-application submission 

due date of February 1, 2022, can be no 

more than ten (10) percent for projects 

consisting of sixteen (16) or more 

revenue units and no more than fifteen 

(15) percent for projects with less than 

sixteen (16) revenue units unless the 

project is seasonal Off-FLH or unless the 

applicant has an RHS approved workout 

plan and is in compliance with the 

provisions of the workout plan and 

provides sufficient market 

documentation or a market study that 

clearly demonstrates to the RHS that 

sufficient market demand exists. If the 

project is seasonal Off-FLH, the 

applicant must provide detailed 

documentation for the twenty-four (24) 

months preceding this Notice’s preapplication submission due date that 

verifies the project’s operations 

including information regarding the 

open and close date, lease-up, vacancy, 

rent rolls, operating budgets, and any 

other information the applicant can 

provide to document the need for the 

seasonal Off-FLH project. All of the 

tenants in the project must be eligible 

farm labor tenants as defined in this 

Notice. 

(f) A positive cash flow for the 

previous full three (3) years of 

operations is required unless an 

exception applies for projects with an 

RHS approved workout plan where the 

applicant is in compliance with the 

provisions of the workout plan. The 

RHS may require that applicants with 

monetary or non-monetary deficiencies 

be in compliance with the RHS 

approved workout plan for a minimum 

of six (6) consecutive months before 

becoming eligible for a loan and/or grant 

under this Notice. Additionally, an 

exception may apply to projects that 

have a negative cash flow in operations 

if surplus cash exists in either the 

general operating account as defined in 

7 CFR 3560.306(d)(1) or the reserve 

account. Surplus cash exists when the 

balance is greater than the required 

deposits minus authorized withdrawals. 

The applicant must provide the project’s 

annual financial report(s) to document 

the project complies with this exception 

for each year the project has a negative 

cash flow, if applicable. Seasonal OffFLH properties that receive OA may 

also be exempt from this requirement at 

the sole discretion of the RHS, if 

applicable. 

(g) An RHS approved As-Is Capital 

Needs Assessment (CNA) and an RHS 

financial evaluation and analysis must 

be conducted to ensure that utilization 

of the subsequent loan and/or grant 

funds are financially feasible and 

necessary to improve, repair, modify, 

and preserve the project as affordable 

housing. 

Specifically, a CNA provides a repair 

schedule for the property in its present 

condition, indicating repairs and 

replacements necessary for a property to 

function properly and efficiently over a 


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span of 20 years. At the end of this 

funding Notice, a CNA Addendum is 

provided with detailed instructions to 

assist the applicant in completing CNA 

reports, expected useful life tables, and 

forms. Additionally, there are six 

attachments which accompany the CNA 

addendum identified as followed: A 

CNA is comprised of nine main 

sections: 

• Definitions; 

• Contract Addendum; 

• Requirements and Statement of 

Work (SOW) for a CNA; 

• The CNA Review Process; 

• Guidance for the Multi-Family 

Housing (MFH) CNA Recipient 

Regarding Contracting for a CNA; 

• Revising an Accepted CNA During 

Underwriting; 

• Updating a CNA; 

• Incorporating a Property’s 

Rehabilitation into a CNA; and 

• Repair and Replacement Schedule. 

Additionally, there are seven 

attachments which accompany the CNA 

addendum identified as follows: 

• Attachment A, ADDENDUM TO 

THE CAPITAL NEEDS ASSESSMENT 

CONTRACT. 

• (B) Attachment B, CAPITAL NEEDS 

ASSESSMENT STATEMENT OF 

WORK. 

• (C) Attachment C, FANNIE MAE 

PHYSICAL NEEDS ASSESSMENT 

GUIDANCE TO THE PROPERTY 

EVALUATOR. 

• (D) Attachment D, CNA e-Tool 

Estimated Useful Life Table. 

• (E) Attachment E, CAPITAL NEEDS 

ASSESSMENT REPORT. 

• (F) Attachment F, SAMPLE 

CAPITAL NEEDS ASSESSMENT 

REVIEW REPORT. 

• (G) Attachment G, CAPITAL NEEDS 

ASSESSMENT GUIDANCE TO THE 

REVIEWER. 

The CNA may be submitted with the 

final application. The Agency suggests 

that this information should be made 

available to RD MFH Off-Farm Labor 

Housing (FLH) property owners, 

applicants and CNA Providers who are 

or are planning to submit transactions 

for the Off-FLH program. 

(h) Initial eligibility for any 

processing will be determined as of the 

pre-application submission due date of 

February 1, 2022. The RHS reserves the 

right to discontinue the processing of 

any application due to material changes 

in the applicant’s status occurring any 

time after the initial eligibility 

determination. 

(5) Priority of Funding 

(a) Subsequent Section 514 loan and 

subsequent Section 516 grant funds will 

be awarded under this Notice in 

accordance with the following 

priorities: 

• Health and Safety deficiencies. 

• Deferred maintenance and Fair 

Housing compliance. 

• Repairs that are needed to improve 

the sustained rental marketability of the 

property. 

(b) Proposals to build community 

rooms, playgrounds, or laundry rooms 

may be considered and are eligible 

under this Notice. Furthermore, 

proposals to develop or construct 

additional units within the existing 

building envelope to comply with 

accessibility requirements will be 

considered and are eligible under this 

Notice. Funds may be used to repair or 

renovate existing project items 

identified in the CNA and to satisfy 

accessibility transition plans and fair 

housing requirements. Additional items 

may be added to the scope of work, if 

practical and feasible, at the sole 

discretion of the RHS, which could 

include accessibility, energy efficiency 

or energy generation items. 

(c) Subsequent Section 514 Off-FLH 

loan funds may be used to establish a 

tenant protection account, if applicable 

and if required by the RHS, for existing 

unsubsidized tenants residing at the 

property on the day the transaction 

closes, to the extent necessary to reduce 

the rental payment to the pretransaction rent, or thirty (30) percent of 

adjusted income, if higher. If applicable 

and if required by the RHS, the 

applicant will only be required to 

subsidize the difference in rents that 

exists at the time of the transaction 

closing for any unsubsidized tenant that 

is negatively impacted by the posttransaction rents. If applicable and if 

required by the RHS: 

• This analysis and the required 

tenant protection amount will be 

evaluated and calculated by the RHS. 

• all tenant protection costs must be 

included in the Sources and Uses 

analysis for the full amount needed to 

fund the initial two-year minimum 

period following the transaction closing 

date. 

• the applicant must agree to protect 

currently eligible tenants affected by the 

rent increase as long as the tenant 

resides in the project. The obligation 

with respect to each unsubsidized 

tenant in place at the time of the 

transaction closing will end when the 

tenant receives rental assistance, 

receives a housing voucher, voluntarily 

leaves the property, is evicted for proper 

cause, or has income increased to pay 

the post-transaction basic rent without 

being rent over-burdened. The tenant 

protection account will be applicable 

and required at the sole discretion of the 

RHS. 

(d) Grant Limit—the amount of any 

Off-FLH grant must not exceed 90 

percent of the TDC as provided in 7 CFR 

3560.562(c)(1). 

(e) Other Requirements—the 

following requirements apply to 

subsequent loans and grants made in 

response to this Notice: 

(i) 7 CFR part 1901, subpart E, 

regarding equal opportunity 

requirements. 

(ii) For grants only, 2 CFR parts 200 

and 400, which establishes the uniform 

administrative and audit requirements 

for grants and cooperative agreements to 

State and local Governments and to 

non-profit organizations. 

(iii) 7 CFR part 1901, subpart F, 

regarding historical and archaeological 

properties. 

(iv) 7 CFR 1970.11, Timing of the 

environmental review process. Please 

note, the environmental information 

must be submitted by the applicant to 

the RHS. The RHS must review and 

determine that the environmental 

information is acceptable before the 

obligation of funds. 

(v) 7 CFR part 3560, subpart L, 

regarding the loan and grant authorities 

of the Off-FLH program. 

(vi) 7 CFR part 1924, subpart A, 

regarding planning and performing 

construction and other development. 

(vii) 7 CFR part 1924, subpart C, 

regarding the planning and performing 

of site development work. 

(viii) For construction financed with a 

Section 516 grant, the provisions of the 

Davis-Bacon Act (40 U.S.C. 276(a)– 

276(a)–5) and implementing regulations 

published at 29 CFR parts 1, 3, and 5. 

(ix) Current (not older than six 

months from the date of issuance) 

combination comprehensive credit 

reports for the applicant, entity and 

principals must be submitted and 

considered during the Agency’s review 

for eligibility determination. In the past, 

the Agency has required the applicant to 

submit the credit report fee. In lieu of 

the applicant submitting the fee, the 

Agency will require the applicant to 

provide the credit report. It is the 

Agency’s expectation that this change 

will create an efficiency in the 

application process that did not exist, 

which should assist with streamlining 

the application process for the 

applicant. Only Credit reports provided 

by accredited major credit bureaus will 

be accepted. 

(x) Borrowers and grantees must take 

reasonable steps to ensure that tenants 

receive the language assistance 

necessary to afford them meaningful 

access to USDA programs and activities, 


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free of charge. Failure to provide this 

assistance to tenants who can effectively 

participate in or benefit from Federally 

assisted programs or activities may 

violate the prohibition under Title VI of 

the Civil Rights Act of 1964, 42 U.S.C. 

2000d et seq. and Title VI regulations 

against national origin discrimination. 

(xi) In accordance with 7 CFR 

3560.60, the housing must be 

economical to construct, operate, and 

maintain and must not be of elaborate 

design or materials. 

(xii) All other requirements contained 

in 7 CFR part 3560, regarding the 

Sections 514/516 Off-FLH programs. 

(xiii) System for Awards Management. 

All program applicants must be 

registered in the System for Awards 

Management (SAM) prior to submitting 

an application, unless determined 

exempt under 2 CFR 25.110. Federal 

award recipients must maintain an 

active SAM registration with current 

information at all times during which it 

has an active Federal award or an 

application under consideration by the 

RHS. The applicant must ensure that the 

information in the database is current, 

accurate, and complete. Applicants 

must ensure they complete the 

Financial Assistance General 

Certifications and Representations in 

SAM. 

(6) Dun and Bradstreet Data Universal 

Numbering System (DUNS) for Award 

Management (SAM) 

A Dun and Bradstreet Data Universal 

Numbering System (DUNS) number 

must be obtained and registered in the 

System for Award Management (SAM) 

prior to submitting an application 

pursuant to 2 CFR 25.200(b). In 

addition, an entity applicant must 

maintain registration in SAM at all 

times during which it has an active 

Federal award or an application or plan 

under consideration by the Agency. The 

applicant must ensure that the 

information in the database is current, 

accurate, and complete. Applicants 

must ensure they complete the 

Financial Assistance General 

Certifications and Representations in 

SAM. Similarly, all recipients of Federal 

financial assistance are required to 

report information about first-tier 

subawards and executive compensation 

in accordance to 2 CFR part 170. So long 

as an entity applicant does not have an 

exception under 2 CFR 170.110(b), the 

applicant must have the necessary 

processes and systems in place to 

comply with the reporting requirements 

should the applicant receive funding. 

See 2 CFR 170.200(b). An applicant, 

unless excepted under 2 CFR 25.110(b), 

(c), or (d), is required to: 

(a) Be registered in SAM before 

submitting its application; 

(b) Provide a valid DUNS number or 

unique entity identifier (UEI) in its 

application; and 

(c) Continue to maintain an active 

SAM registration with current 

information at all times during which it 

has an active Federal award or an 

application or plan under consideration 

by a Federal awarding agency. The 

Federal awarding agency may not make 

a federal award to an applicant until the 

applicant has complied with all 

applicable DUNS and SAM 

requirements and, if an applicant has 

not fully complied with the 

requirements by the time the Federal 

awarding agency is ready to make a 

Federal award, the Federal awarding 

agency may determine that the 

applicant is not qualified to receive a 

Federal award and use that 

determination as a basis for making a 

Federal award to another applicant. As 

required by the Office of Management 

and Budget (OMB), all applications 

must provide a DUNS number when 

applying for Federal assistance, on or 

after November 12, 2020. Organizations 

can receive a DUNS number at no cost 

by calling the dedicated toll-free 

number at 1–866–705–5711 or via 

internet at https://fedgov.dnb.com/ 

webform. Additional information 

concerning this requirement can be 

obtained on the Grants.gov website at 

https://www.grants.gov. Similarly, 

applicants may register for SAM at 

https://www.sam.gov or by calling 1– 

866–606–8220. The applicant must 

provide documentation that they are 

registered in SAM and their DUNS or 

UEI number. If the applicant does not 

provide documentation that they are 

registered in SAM and their DUNS or 

UEI number, the application will not be 

considered for funding. The following 

forms for acceptance of a federal award 

are now collected through your 

registration or annual recertification in 

SAM.gov in the Financial Assistance 

General Certifications and 

Representations section: 

• Form AD–1047, ‘‘Certification 

Regarding Debarment, Suspension, and 

Other Responsibility Matters-Primary 

Covered Transactions.’’ 

• Form AD–1048, ‘‘Certification 

Regarding Debarment, Suspension, 

Ineligibility and Voluntary Exclusion. 

Lower Tier Covered Transactions.’’ 

• Form AD–1049, ‘‘Certification 

Regarding Drug-Free Workplace 

Requirements (Grants).’’ 

• Form AD–3031, ‘‘Assurance 

Regarding Felony Conviction or Tax 

Delinquent Status for Corporate 

Applicants.’’ 

• Form AD–3030, ‘‘Representations 

Regarding Felony Conviction and Tax 

Delinquent Status for Corporate 

Applicants.’’ 

C. Pre-Application and Submission 

Information 

(1) Pre-Application Submission 

The application process will be in two 

phases: The initial pre-application and 

the submission of a final application. 

Only those pre-applications that are 

selected for further processing will be 

invited to submit a final application. In 

the event that a pre-application is 

selected for further processing and the 

applicant declines, the next highest 

ranked pre-application will be selected 

for further processing. All preapplications for Section 514 and 516 

funds must meet the requirements of 

this Notice. Incomplete pre-applications 

will be rejected and returned to the 

applicant. No pre-application will be 

accepted after the deadline unless the 

date and time are extended by another 

Notice published in the Federal 

Register. 

(a) Pre-applications must be 

submitted electronically. The process 

for submitting an electronic application 

to the RHS is as follows: 

(i) At least two business days prior to 

the application deadline, the applicant 

must email the RHS a request to create 

a shared folder in CloudVault. The 

email must be sent to the following 

address: Off-FLHapplication@usda.gov. 

The email must contain the following 

information: 

a. Subject line: ‘‘Off-FLH Repair 

Application Submission.’’ 

b. Body of email: Borrower Name, 

Project Name, Borrower Contact 

Information, Project State. 

c. Request language: ‘‘Please create a 

shared CloudVault folder so that we 

may submit our application 

documents.’’ 

(ii) Once the email request to create a 

shared CloudVault folder has been 

received, a shared folder will be created 

within 2 business days. When the 

shared CloudVault folder is created by 

the RHS, the system will automatically 

send an email to the applicant’s 

submission email with a link to the 

shared folder. All required application 

documents in accordance with this 

Notice must be loaded into the shared 

CloudVault folder. When the 

submission deadline is reached the 

applicant’s access to the shared 

CloudVault folder will be removed. Any 

document uploaded to the shared 

CloudVault folder after the application 

deadline will not be reviewed or 

considered. 


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(iii) The applicant should upload a 

Table of Contents of all of the 

documents that have been uploaded to 

the shared CloudVault folder. Lastminute requests and submissions may 

not allow adequate time for the 

submission process to take place prior 

to the deadline. Note: Applicants are 

reminded that all submissions must be 

received by the deadline and the 

application will be rejected if it is not 

received by the deadline date and time, 

regardless of when the application was 

submitted. 

(b) The RHS plans to host a workshop 

to discuss this Notice, the application 

process and the borrower’s 

responsibilities, among other topics. 

Further information regarding the date 

and time of this workshop as well as 

information on how to participate will 

be issued at a later date via a public 

notice. 

(c) If a pre-application is accepted for 

further processing, the applicant must 

submit a final application, acceptable to 

the RHS, by June 30, 2022, 12 p.m., 

Eastern Daylight Savings Time. If the 

pre-application is not accepted for 

further processing due to being 

incomplete or ineligible, the applicant 

will be notified of appeal rights under 

7 CFR part 11. Pre-applications that are 

deemed eligible but are not selected for 

further processing will be withdrawn 

from processing and will be encouraged 

to apply to future Notices, if applicable. 

This action is not appealable. 

2. Pre-Application Requirements 

The pre-application must contain the 

following: 

(a) An executed and dated Executive 

Summary on the applicant’s letterhead 

that must include at least the following: 

(i) Brief description of the project and 

its history. Include the borrower’s name, 

project name, project location, number 

of units, number of Rental Assistance 

(RA) or Operating Assistance (OA) 

units, unit mix, etc. Be sure to address 

if the project is year-round or seasonal. 

Also provide the year the property was 

built and placed in service, the original 

sources of funding, and the original 

amounts of funding it received. Include 

a description of any significant 

improvements, repairs, or modifications 

that have been made since the property 

was placed in service, which would 

comprise substantial rehabilitations and 

significant repairs that were needed due 

to natural disasters, floods, fires, etc. 

Provide any other information that you 

may want to disclose regarding the 

project and its history. 

(ii) Brief description of the proposed 

transaction. Provide a narrative of the 

loan and/or grant funds that the 

applicant is seeking from the RHS or 

any other third-party grant source and a 

description of what the funds will be 

utilized for. Describe the scope of work 

and explain how the transaction will 

come together overall including 

information on how the project will 

absorb any additional debt service, if 

applicable. 

(iii) Description of the current 

ownership structure with an 

organizational chart. 

(iv) Narrative verifying the applicant’s 

ability to meet the eligibility 

requirements stated earlier in this 

Notice. 

(v) A statement of the applicant’s 

experience in operating labor housing or 

other rental housing. 

(vi) Description of the applicant’s 

legal and financial capability to carry 

out the obligation of the subsequent 

loan and/or grant. 

(vii) Current management. A brief 

description of how the property is 

currently managed. As stated earlier in 

this Notice, the housing must be 

managed in accordance with the 

management regulations, 7 CFR part 

3560. 

(viii) Any financial commitments, 

financial concessions, or other 

economic benefits proposed to be 

provided by the RHS. 

(ix) Third-party grant funding, if 

applicable. For each third-party grant 

funding source, discuss briefly the grant 

provider, grant amount, including 

terms, commitment status, timing 

issues, any restrictions that will be 

applicable to the project, and whether 

any accommodation from the RHS is 

proposed, such as a subordination in 

lien position. The desired lien position 

of any third-party grant funding source 

must be clearly disclosed as well as any 

proposal for the RHS to subordinate its 

lien position. 

(x) Any proposed compensation to 

parties having an identity of interest 

with either the consultant or technical 

assistance provider, etc. 

(xi) Any proposed construction 

financing, for example, a construction or 

bridge loan or the use of multiple 

advances. 

(xii) Type and method of construction 

such as owner builder, negotiated bid, 

or contractor method. 

(xiii) If an FLH grant is desired, a 

statement concerning the need for an 

FLH grant. The statement must include 

estimates of the rents required with a 

grant and rents required without a grant. 

Documentation to demonstrate how the 

rent figures were computed must be 

provided. Documentation must be in the 

form of a completed Form RD 3560–7, 

‘‘Multiple Family Housing Project 

Budget/Utility Allowance,’’ completed 

as if a grant were received and another 

form completed as if a grant would not 

be received. The RHS will review each 

budget to determine that the income and 

expenses are reasonable and customary 

for the area. The RHS will then verify 

that the proposed rental rates provided 

on the budget that considers rents 

without a grant, are at or above market 

rate rents or at a level that would 

overburden the residents. 

(xiv) Statement by the applicant that 

they will pay any cost overruns. 

(xv) Estimated development timeline 

to include estimated start and end date 

as well as any other important 

milestones. 

(xvi) Description of any required state 

or local approvals, if applicable. 

(xvii) Description of the required and 

intended applicant contribution, if 

applicable. 

(xviii) Any other pertinent 

information that the applicant feels 

should be disclosed as part of this 

proposal, if applicable. 

(b) Form RD 3560–1, ‘‘Application for 

Partial Release, Subordination, or 

Consent,’’ can be obtained at: https://

formsadmin.sc.egov.usda.gov//

efcommon/eFileServices/eFormsAdmin/ 

RD3560-0001.pdf. 

(c) Standard Form 424, ‘‘Application 

for Federal Assistance,’’ can be obtained 

at: https://www.grants.gov/. 

(d) Current (within 6 months of this 

Notice’s pre-application submission due 

date) financial statements for each entity 

within the ownership structure with the 

following paragraph certified by the 

applicant’s designated and legally 

authorized signer: 

‘‘I/we certify the above is a true and 

accurate reflection of our financial 

condition as of the date stated herein. 

This statement is given for the purpose 

of inducing the United States of 

America to make a loan or to enable the 

United States of America to make a 

determination of continued eligibility of 

the applicant for a loan as requested in 

the loan application of which this 

statement is a part.’’ 

(e) Evidence that the applicant is 

unable to obtain credit from other 

sources. At least two letters from two 

separate credit institutions which 

normally provide real estate and repair 

loans in the area must be obtained and 

these letters must indicate the rates and 

terms upon which a loan might be 

provided. The RHS will review each 

letter to verify that the applicant is only 

able to obtain market rate financing, 

which would include a market rate 

interest rate and term of less than 30 

(thirty) years. 


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(f) Letter from the IRS indicating the 

applicant’s tax identification number. 

(g) Documentation verifying the 

applicant’s DUNS number, if applicable. 

(h) Current and fully executed limited 

partnership agreement and certificates 

of limited partners, if applicable. 

(Agency requirements should be 

contained in one section of the 

agreement and their location identified 

by the applicant in a cover sheet.) 

(i) If a nonprofit organization: 

i. Tax-exempt ruling from the IRS 

designating them as a 501(c)(3) or 

501(c)(4) organization. 

ii. Purpose statement, including the 

provision of low-income housing. 

iii. Evidence of organization under 

state and local law and a copy of the 

applicant’s charter, Articles of 

Incorporation, and By-laws. 

iv. List of Board of Directors including 

their names, occupations, phone 

numbers, and addresses. 

v. If a member or subsidiary of 

another organization, the organization’s 

name, address, and nature of business. 

(j) Document the need for the project. 

As provided earlier in this Notice, the 

applicant must provide documentation 

that the average physical vacancy rate 

for the twelve (12) months preceding 

this Notice’s pre-application submission 

due date has been no more than ten (10) 

percent for projects consisting of sixteen 

(16) or more revenue units and no more 

than fifteen (15) percent for projects 

with less than sixteen (16) revenue units 

unless the project is seasonal Off-FLH or 

unless the applicant has an RHS 

approved workout plan and is in 

compliance with the provisions of the 

workout plan and provides sufficient 

market documentation or a market study 

that clearly demonstrates to the RHS 

that sufficient market demand exists. If 

the project is seasonal Off-FLH, the 

applicant must provide detailed 

documentation for the twenty-four (24) 

months preceding this Notice’s preapplication submission due date that 

verifies the project’s operations 

including information regarding the 

open and close date, lease-up, vacancy, 

rent rolls, operating budgets, and any 

other information the applicant can 

provide to document the need for the 

seasonal Off-FLH project. All of the 

tenants in the project must be eligible 

farm labor tenants as defined in this 

Notice. 

(k) If the project does not meet the 

vacancy requirements above a 

description of the cause of the vacancy 

and the plan to increase the occupancy 

must be submitted. The requested loan 

or grant funds must be needed in order 

to stabilize occupancy. In addition, a 

market study must be submitted to 

document the need for the project and 

must meet the following requirements. 

The market area must be clearly 

identified and may include only the 

area from which tenants can reasonably 

be drawn to the project. Documentation 

must be provided to justify the need 

within the primary market area for the 

housing of domestic farm laborers. The 

documentation must also consider 

disabled and retired farm workers and 

adjusted medium incomes of very-low, 

low, and moderate. The market study 

must include the following information: 

• A complete description of the 

proposed site and a map showing the 

site, location of services, and their 

distances from the site. 

• Names and qualifications of 

members of the community interviewed 

during the site visit and a discussion of 

their comments. 

• Major employers in the area and 

year established. 

• Employment opportunities and 

rates for the area for the past 5 years. 

• Services available in the area, 

including shopping, schools, and 

medical facilities as well as community 

services such as recreational, 

transportation, and day care that are 

available. 

• Population by year plus the annual 

increase or decrease for the past 5 years. 

• Population characteristics by age. 

• Number of households by year and 

number of persons per household for 

the past 5 years. 

• Historical breakdown of households 

by owners and renters. 

• Households by income groups. 

• A survey of existing or proposed 

rental housing, including complex 

name, location, number of units, 

bedroom mix, family or elderly type, 

year built, rent charges, vacancies, 

waiting lists, amenities, and the 

availability of RA or other subsidies. 

• Available mobile homes, if part of 

housing stock. 

• The existing vacancy rate of all 

available rental units in the community, 

including houses. 

• Proportionate need for project type. 

• Building permits issued per year for 

the last 3 years for single and multiple 

unit dwellings. 

• For proposals where the applicant 

is requesting LIHTCs, the number of 

LIHTC units and the maximum LIHTC 

incomes and rents by unit size. This 

information will determine the levels of 

incomes in the market area, which will 

support the basic rents while also 

qualifying the applicant for tax credits. 

• The amount of RA necessary to 

ensure the project’s success. 

• The annual income level of 

farmworker families in the area. 

• A realistic estimate of the number 

of farm workers who remain in the area 

where they harvest and the number of 

farm workers who normally migrate into 

the area. Information on migratory 

workers should indicate the average 

number of months the migrants reside 

in the area and an indication of what 

type of family groups are represented by 

the migrants (i.e., single individuals as 

opposed to families). 

• General information concerning the 

type of labor-intensive crops grown in 

the area and prospects for continued 

demand for farm laborers. 

• The overall occupancy rate for 

comparable rental units in the area and 

the rents charged and customary rental 

practices for these units (i.e., will they 

rent to large families, do they require 

annual leases, etc.). 

• The number, condition, adequacy, 

rental rates and ownership of units 

currently used or available to farm 

workers. 

• Information on any proposed new 

construction of housing units within the 

primary market area. 

• A description of the project’s units, 

including the number, type, size, rental 

rates, amenities such as carpets and 

drapes, related facilities such as a 

laundry room or a community room and 

other facilities providing supportive 

services in connection with the housing 

and the needs of the tenants such as a 

health clinic or day care facility. 

• The applicant must also include 

documentation of the following 

applicable elements and provide the 

page number of the report which 

contains the information that satisfies 

each element: 

• Services available in the area 

include shopping, schools, and medical 

facilities as well as community services 

such as recreational, transportation, and 

day care. Services appear to be 

appropriate for the project type and 

within reasonable proximity of the site. 

• Building permits issued during the 

past 3 years and new employment 

opportunities show the community to 

be growing, rather than declining. 

• Major employers in the area provide 

employment opportunities sufficient to 

support a population base of renters for 

the proposed project. 

• Employment rates for the area have 

been high over the past 5 years. 

• The analyst makes realistic 

recommendations supported by the 

statistical information provided: 

• Population characteristics and 

household data for the community are 

stable or show an increase during the 

past 5 years. 

• Population characteristics by age 

shows support for the type of project 


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being proposed and the type of complex 

proposed reflects the greater 

proportionate need and demand of the 

community. To establish this, compare 

the share or percentage of the 

community’s total rental units that are 

designated for the elderly (62 years or 

older or disabled) to the community’s 

share of elderly households, and the 

share of total rental units for families to 

the share of family households in the 

community. 

• For mixed projects, the unit mix 

must reflect the proportionate need of 

each household type. 

• Statistical data showing households 

by income group shows that there are 

households in the eligible income group 

that could rent in the project. 

• Historical breakdown of households 

by owners and renters shows that there 

is a tradition of renters. 

• The Market Feasibility 

Documentation (MFD) addresses the 

need for more than just one and two 

bedroom units. 

• The bedroom mix of the proposed 

units is proportional to the need in the 

market area based on renter household 

size and the bedroom mix of existing 

units. 

• The bedroom mix of fully accessible 

units (5 percent) is comparable to the 

bedroom mix of non-accessible units. 

• The MFD shows evidence of need 

for the housing in that there are rent 

overburdened households and/or 

households in substandard housing. 

• A discussion of existing housing 

supply includes reference to the singlefamily housing rental and sale units 

available and shows these to be 

inadequate. 

• Temporary residents of a 

community, including college students, 

military personnel, or others not 

claiming their current residence as their 

legal domicile, have not been included 

in determining need and project size. 

• The MFD includes a discussion on 

the current market for single-family 

houses and how sales, or the lack of 

sales, will affect the demand for elderly 

rental units. If the market study 

discusses how elderly homeowners 

reinforce the need for rental housing, it 

does so only as a secondary market and 

not as the primary market. 

• The vacancy rates in existing rental 

housing, including available singlefamily housing and mobile homes, is 5 

percent (or the State-approved vacancy 

standard, if different) or less, or there is 

an acceptable explanation where higher 

rates occur. Existing rental complexes 

should also show waiting lists. 

• The Conventional Rents for 

Comparable Units (CRCU) shown is less 

than or equal to the rents proposed for 

the project. 

The market study must be obtained 

from and performed by an independent 

third-party provider that has no identity 

of interest with the property owner, 

management agent, applicant or any 

other principle or affiliate. 

Project funds may be used to obtain 

the market study if there are adequate 

funds available and the request to use 

project funds is approved by the Field 

Operations Division servicing official. 

(l) Document the project has a 

positive cash flow. As provided earlier 

in this Notice, the applicant must 

provide documentation that the project 

had a positive cash flow for the previous 

full three (3) years of operations 

preceding this Notice’s pre-application 

submission due date unless an 

exception applies for projects with an 

RHS approved workout plan where the 

applicant is in compliance with the 

provisions of the workout plan. The 

RHS may require that applicants with 

monetary or non-monetary deficiencies 

be in compliance with the RHS 

approved workout plan for a minimum 

of six (6) consecutive months before 

becoming eligible for a loan and/or grant 

under this Notice. Additionally, an 

exception may apply to projects that 

have a negative cash flow in operations 

if surplus cash exists in either the 

general operating account as defined in 

7 CFR 3560.306(d)(1) or the reserve 

account. Surplus cash exists when the 

balance is greater than the required 

deposits minus authorized withdrawals. 

The applicant must provide the project’s 

annual financial report(s) to document 

the project complies with this exception 

for each year the project has a negative 

cash flow, if applicable. Seasonal OffFLH properties that receive OA may 

also be exempt from this requirement at 

the sole discretion of the RHS, if 

applicable. 

(m) Current tenant supportive services 

plan which describes services that are 

currently provided on-site or made 

available to tenants through cooperative 

agreements with service providers in the 

community, such as a health clinic or 

day care facility, if applicable. Off-site 

services must be accessible and 

affordable to farm workers and their 

families. A map showing the location of 

support services must be included in 

the plan, if applicable. Letters of 

commitment from the current service 

providers must also be submitted with 

the plan, if applicable. The plan must 

describe how the services are funded. 

Project funds may not be used to pay for 

these services, however, costs associated 

with a Resident Services Coordinator or 

coordination of resident services are an 

eligible expense and could be included 

in the project budget, if applicable. 

(n) Preliminary plans and 

specifications, including type of 

construction and materials, if available. 

The preliminary plans and 

specifications, including type of 

construction and materials may be 

submitted with the final application. 

The housing must meet RHS’s design 

and construction standards contained in 

7 CFR part 1924, subparts A and C and 

must also meet all applicable Federal, 

State, and local accessibility standards. 

Also, applications for Off-FLH loans and 

grants must meet the design 

requirements in 7 CFR 3560.559. 

For projects that do not currently have 

interior/exterior washing facilities, 

applicants should consider 

incorporating interior/exterior washing 

facilities for tenants, as necessary to 

protect the asset and the tenants from 

excess dirt and chemical exposure. Such 

facilities might include a boot washing 

station or hose bibs, among others. 

(o) The applicant must submit a 

checklist, certification, and signed 

affidavit by the project architect or 

engineer, as applicable, for any energy 

programs the applicant intends to 

participate in. 

(p) A Sources and Uses Statement 

which shows all sources of funding 

included in the proposed transaction. 

The terms and schedules of all sources 

included in the project should be 

included in the Sources and Uses 

Statement. (Note: A Section 516 grant 

may not exceed 90 percent of the TDC 

of the transaction) 

(q) Evidence of the submission of the 

project description to the applicable 

State Housing Preservation Office 

(SHPO), and/or Tribal Historic 

Preservation Officer (THPO) with the 

request for comments, if applicable. 

(r) Evidence of compliance with 

Executive Order 12372. The applicant 

must send a copy of Form SF–424, 

‘‘Application for Federal Assistance,’’ to 

the applicant’s State clearinghouse for 

intergovernmental review. If the 

applicant is located in a State that does 

not have a clearinghouse, the applicant 

is not required to submit the form. 

However, evidence that the State does 

not have a clearinghouse must be 

submitted. Applications from Federally 

recognized Indian tribes are not subject 

to this requirement. 

(s) Comments regarding relevant 

offsite conditions. 

(t) The following forms are required to 

be submitted with the pre-application: 

(i) Awards made under this Notice are 

subject to the provisions contained in 

the Consolidated Appropriations Act, 

2019 (Pub. L. 116–6) sections 745 and 


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746 regarding felony convictions and 

corporate Federal tax delinquencies. To 

comply with these provisions, 

applicants that are or propose to be 

corporations will submit form AD–3030, 

‘‘Representations Regarding Felony 

Conviction and Tax Delinquent Status 

for Corporate Applicants,’’ as part of 

their pre-application. This form is now 

collected through your registration or 

annual recertification in SAM.gov in the 

Financial Assistance General 

Certifications and Representations 

section. 

(ii) Form HUD–935.2A, ‘‘Affirmative 

Fair Housing Marketing Plan (AFHMP)- 

Multifamily Housing,’’ in accordance 

with 7 CFR 1901.203(c). The AFHMP 

will reflect that occupancy is open to all 

qualified ‘‘domestic farm laborers,’’ 

regardless of which farming operation 

they work and that they will not 

discriminate on the basis of race, color, 

sex, age, disability, marital or familial 

status or National origin in regard to the 

occupancy or use of the units. The 

AFHMP must include all attachments 

and supporting documentation. The 

form can be found at: https://

portal.hud.gov/hudportal/documents/ 

huddoc?id=935-2a.PDF. 

If the project has a current AFHMP in 

place that is approved by the RHS, the 

applicant may submit the current 

approved AFHMP as part of their preapplication. 

The Native American Housing 

Enhancement Act of 2005 (NAHEA), 

Public Law 109–136, Codified at 25 

U.S.C. 4101 et seq., amended Title V of 

the Housing Act of 1949 (42 U.S.C. 1471 

et seq.) which created the housing 

programs administered by the U.S. 

Department of Agriculture, Rural 

Housing Service. The NAHEA excludes 

Indian Tribes, including 

instrumentalities of such Indian Tribes, 

from the requirement to comply with 

Title VI of the Civil Rights Act of 1964, 

and Title VIII of the Civil Rights Act of 

1968, allowing members of Indian 

Tribes to be given preference for 

housing in accordance to the Native 

American Housing Assistance and Self 

Determination Act of 1996 (25 U.S.C. 

4101 et seq.) 

The NAHEA does not exempt Indian 

Tribes from complying with other laws 

that apply to recipients of federal 

financial assistance. Therefore, federally 

recognized Indian Tribes must continue 

to comply with Section 504 of the 

Rehabilitation Act of 1973, the Age 

Discrimination Act of 1975, and Title IX 

of the Education Amendments Act of 

1972, where applicable. The NAHEA 

also did not exempt the Indian Tribes 

from complying with the accessibility 

requirements of the Fair Housing 

Amendments Act (FHAA) of 1988. This 

Act amended Title VIII of the Fair 

Housing Act of 1968, to include 

disability and familial status. Therefore, 

the NAHEA did not specifically exempt 

Indian Tribes from the accessibility 

requirements of the FHAA. The 

requirements to construct multi-family 

housing properties accessible to or 

adaptable for persons with disabilities 

are to be followed. This requirement 

shall be consistent with RD Instructions 

7 CFR 3560, Section 3560.60, Design 

Requirements. 

(iii) A proposed post-transaction 

operating budget utilizing Form RD 

3560–7, ‘‘Multiple Family Housing 

Project Budget/Utility Allowance,’’ can 

be found at: https://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD3560-7.PDF. 

The budget must include the debt 

service of the new RHS loan, if 

applicable. This will be a post 

transaction budget that must include a 

narrative that provides justification for 

any changes between the current budget 

and proposed budget. 

The RHS will review the budget to 

determine that the income and expenses 

are reasonable and customary for the 

area. The RHS will also verify that the 

budget reflects the new RHS loan debt 

service, if applicable, the existing RHS 

loan debt service, the number of units, 

unit mix, and rents. Overall, the RHS 

must review the budget for feasibility, 

accuracy, and reasonableness. 

(iv) An estimate of development costs 

utilizing Form RD 1924–13, ‘‘Estimate 

and Certificate of Actual Cost,’’ can be 

found at: https://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD1924-13.PDF. 

(v) Form RD 3560–30, ‘‘Certification 

of no Identity of Interest (IOI),’’ can be 

found at: https://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD3560-30.PDF. 

(vi) Form RD 3560–31, ‘‘Identity of 

Interest Disclosure/Qualification 

Certification,’’ can be found at: https:// 

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD3560-31.PDF. 

An IOI is defined in 7 CFR 3560.11. 

The RHS must review Form RD 3560– 

30 and Form RD 3560–31, as applicable, 

to determine if they are completed in 

accordance with the Forms Manual 

Insert and to determine that all IOI’s 

have been disclosed. Technical 

assistance will not be funded by the 

RHS when an IOI exists between the 

technical assistance provider and the 

loan or grant applicant. 

(vii) Form HUD 2530, ‘‘Previous 

Participation Certification,’’ if 

applicable, can be found at: https://

www.hud.gov/sites/dfiles/OCHCO/ 

documents/2530.pdf. 

Applicants are strongly encouraged to 

use the Active Partners Performance 

System (APPS) available on HUD’s 

website to electronically submit the 

Form HUD 2530 for HUD staff review 

and approval, if applicable. If obtained, 

the applicant would submit the review 

from HUD indicating approval in the 

application. The website can be found 

at: https://www.hud.gov/program_

offices/housing/mfh/apps/appsmfhm. 

(viii) Form RD 400–4, ‘‘Assurance 

Agreement,’’ can be found at: http://

forms.sc.egov.usda.gov/efcommon/ 

eFileServices/eForms/RD400-4.PDF. 

(ix) RD Instruction 1940–Q, Exhibit 

A–1, ‘‘Certification for contracts, grants 

and loans,’’ can be found at: https://

www.rd.usda.gov/files/1940q.pdf. 

(u) A separate one-page information 

sheet listing each of the pre-application 

scoring criteria contained in this Notice, 

followed by a reference to the page 

numbers of all relevant material and 

documentation that is contained in the 

proposal that supports the criteria. 

Applicants are encouraged to include 

a checklist of all of the application 

requirements and to have their 

application indexed and tabbed to 

facilitate the review process. 

If any of the required items listed 

above are not submitted within the preapplication in accordance with this 

Notice or are incomplete, the preapplication will be considered 

incomplete and will not be considered 

for funding. 

The RHS will not consider 

information from the applicant after the 

pre-application deadline. The RHS may 

contact the applicant to clarify other 

items in its application. The RHS will 

uniformly notify applicants of each 

curable deficiency. A curable deficiency 

is an error or oversight that if corrected 

it would not alter, in a positive or 

negative fashion, the review and rating 

of the application. An example of a 

curable (correctable) deficiency would 

be inconsistencies in the amount of the 

funding request. Non-curable 

deficiencies are threshold components 

that effect the review and rating of the 

application, including but not limited 

to, evidence of an eligible entity and 

evidence of the need for the project. 

D. Pre-Application Review Information 

The RHS will accept, review, and 

score pre-applications in accordance 

with this Notice. 

Section 514 Off-FLH subsequent loan 

funds and Section 516 Off-FLH 

subsequent grant funds will be 

distributed based on a national 

competition, as follows: 


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(1) Updates or enhancements (12 

points). This factor is for applications 

that include updates or enhancements 

to existing plans to meet current tenant 

needs and enhance the marketability of 

the property. The updated or revised 

tenant supportive services plan must be 

submitted and describe the existing 

supportive services and the proposed 

new or enhanced tenant services, 

including a description of the public or 

private funds that are expected to fund 

the new services as well as the way the 

services will be delivered, who will 

administer them, and where they will be 

administered. All tenant supportive 

services plans must include letters of 

commitment that clearly state the 

service that will be provided at the 

project for the benefit of the residents 

from any party administering each 

service, including the applicant. These 

services may include, but are not 

limited to, transportation related 

services, on-site English as a Second 

Language classes, move-in funds, 

emergency assistance funds, 

homeownership counseling, food 

pantries, after school tutoring, and 

computer learning centers. The tenant 

supportive services plan must describe 

how the new or enhanced services will 

meet the identified needs of the tenants 

and how the services will be provided 

on a consistent, long-term basis to 

support the tenants. The plan must 

clearly state how the services will be 

funded. Project funds may not be used 

to pay for these services, however, costs 

associated with a Resident Services 

Coordinator or coordination of resident 

services are an eligible expense and 

could be included in the project budget, 

if applicable. Applicants must provide a 

detailed tenant supportive services plan 

and clearly document and outline at 

least two new or enhanced services in 

relation to the services already being 

provided in order to receive the 

maximum amount of points. 

(2) Owner and management capacity 

(25 points). This factor addresses the 

extent to which the applicant, or a 

member of the applicant’s team, and the 

management agent has the experience 

and organizational resources to 

successfully implement the proposed 

activities in a timely manner. In this 

rating factor, the RHS will consider the 

extent to which the application 

demonstrates the applicant’s and 

management agent’s ability to develop, 

operate, and manage FLH on a long-term 

basis. In the case of co-sponsored 

applications, the rating will be based 

upon the combination of the experience 

of all co-sponsors in the area under 

review. 

A firm resume must be provided for 

the applicant and all Sponsors/CoSponsors, including the management 

agent. Each resume must include 

evidence of development experience 

and services experience, as applicable. 

In addition, the resume should include 

a description of all similar projects that 

the applicant and Sponsors/CoSponsors have been involved with, to 

include whether they were federal 

housing projects, and information 

regarding the success of the projects. 

(3) Development Experience (15 

points). Applicants should demonstrate 

how the scope, extent, and quality of the 

Sponsor’s and/or their consultant team’s 

recent experience in developing, 

operating and managing housing is 

consistent with the details of the 

proposed project. The evaluation will 

consider experience with utilizing 

federal financing programs and 

experience that shows familiarity with 

FLH and experience operating federally 

assisted housing, which may be 

demonstrated by providing supporting 

data related to actual performance. Also, 

the evaluation will consider if funds 

that were received for previous 

transactions were spent within the 

regulatory timeframes of the funding 

source. The description or firm resumes 

must include any rental housing 

projects and supportive services 

facilities that the applicant sponsored, 

owns or operates. 

The RHS will make a determination 

on the level of experience of the 

applicant, all Sponsors/Co-Sponsors, if 

applicable, and the management agent 

based on the information and 

documentation presented within the 

pre-application. Points will be awarded 

as follows: 

• No development experience (0 points) 

• Low level of development 

experience—less than 50 units (2 

points) 

• Medium level of development 

experience—more than 50 units (5 

points) 

• High level of development 

experience—over 100 units (15 

points) 

To score the highest number of points 

for this factor, applicants must describe 

significant previous experience in 

providing housing to farm laborer’s 

generally and significant previous 

experience implementing development 

activities with the type of financing 

proposed. 

(4) Supportive Services Experience 

(10 points). Applicants should 

demonstrate how the scope, extent, and 

quality of the applicant’s experience 

and/or the experience of committed 

partners, including property managers, 

in providing services is consistent with 

the details of the proposed supportive 

services plan. The description and firm 

resumes must identify specific services 

provided. Applicants must explain their 

experience in RHS subsidy 

administration and/or their partners’ 

experience in providing property 

management and coordinating 

supportive services. 

The RHS will make a determination 

on the level of experience of the 

applicant and all Sponsors/CoSponsors, if applicable, based on the 

information and documentation 

presented within the pre-application. 

Points will be awarded as follows: 

• No supportive services experience (0 

points) 

• Low level of supportive services 

experience—less than 50 units (2 

point) 

• Medium level of supportive services 

experience—more than 50 units (5 

points) 

• High level of supportive services 

experience—over 100 units (10 

points) 

To score the highest number of points 

for this factor, applicants and/or 

committed partners must describe and 

provide evidence of significant previous 

experience in providing and 

coordinating supportive services to farm 

laborers. 

(5) Market (18 points). Applicants 

must demonstrate that the location of 

the project supports farm labor housing. 

The applicant must identify the 

location, the proximity, and ease of 

access of the project site to amenities 

important to the residents that 

supplement the services provided onsite. The site location will be rated on 

the following: 

• Health care and social services 

(hospital, medical clinic, social service 

organization that offers services to farm 

workers) (3 points); 

• Grocery stores (e.g., supermarket or 

other store that sells produce and meat) 

(3 points); 

• Recreational facilities (e.g., parks 

and green space, community center, 

gym, health club, or family 

entertainment venue, library) (3 points); 

• Civic facilities (e.g., place of 

worship, police or fire station, post 

office) (3 points); 

• Other neighborhood-serving 

amenities (e.g., apparel store, 

convenience store, pharmacy, bank, hair 

care, and restaurants) (3 points). 

• Educational facilities adequate to 

meet the spectrum of tenant needs at the 

property (e.g., higher education 

institutions, K–12, pre-k, and childcare) 

(3 points). 


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Applicants must describe how 

residents could reasonably access 

critical amenities. Amenities will 

generally be considered readily 

available if they are within one-half 

mile walking distance or they can be 

accessed by public transportation 

(within one-quarter walking mile) 

including accessible public 

transportation option, and/or affordable 

private door-to-door shuttle/van service 

that is reliable and accessible. 

Applicants may commit to providing 

such transportation services if the 

nature of the commitment and the 

financing of the commitment is 

adequately described. Project funds 

cannot be used for this purpose. 

To score the maximum number of 

points on this factor, applicants must 

make a compelling argument that the 

location of the project is well suited 

with respect to proximate amenities to 

meet the needs of farm workers. 

Documentation must be provided that 

clearly outlines the project site and its 

proximity to the applicable amenities. 

(6) COVID–19 Impacts (5 points). 

Priority points will be awarded if the 

project is located in or serving one of 

the top 10% of counties or county 

equivalents based upon county risk 

score in the United States. if the project 

is located in or serving one of the top 

10% of counties or county equivalents 

based upon the county risk score in the 

United States. Information on whether 

your project qualifies for priority points 

can be found at the following website: 

https://www.rd.usda.gov/priority-points. 

The US Territories would obtain points 

by using local data regarding how 

COVID–19 has impacted the project 

area. Priority points may be awarded if 

the project is located in or serving a 

community with score 0.75 or above on 

the CDC Social Vulnerability Index. 

Information on whether your project 

qualifies for priority points can be found 

at the following website: https://

www.rd.usda.gov/priority-points. 

(7) Equity (5 points). Priority points 

will be awarded if the project is located 

in or servicing a community with a 

score of 0.75 or above on the CDC Social 

Vulnerability Index. Information on 

whether your project qualifies for 

priority points can be found at the 

following website: https://

www.rd.usda.gov/priority-points. 

(8) Climate Impacts (5 points). Priority 

points will be awarded if the project is 

located in or serving coal, oil and gas, 

and power plant communities whose 

economic well-being ranks in the most 

distressed tier of the Distressed 

Communities Index. Information on 

whether your project qualifies for 

priority points can be found at the 

following website: https://

www.rd.usda.gov/priority-points. 

(9) Points will be allocated for Energy 

initiatives (the aggregate points for all 

the Energy Initiative categories may not 

exceed (10 points). 

(a) Properties may receive points for 

energy initiatives in the categories of 

energy conservation, water conservation 

and green property management. 

Properties may earn ‘‘energy initiative’’ 

points for rehabilitation. 

(b) National energy programs 

including the U.S. Green Building 

Council’s Leadership in Energy and 

Environmental Design (LEED), National 

Association of Homebuilders 2020 ICC 

700 National Green Building Standard, 

U.S. Department of Energy (DOE) Zero 

Energy Ready Homes, International 

Living Future Institute’s Living Building 

Challenge, U.S. Environmental 

Protection Agency (EPA) Energy Star for 

Homes, Passive House Institute’s PHIUS 

+, Enterprise Community Partners Green 

Communities, and local energy 

conservation programs, will each have 

an initial checklist indicating 

prerequisites for participation in its 

energy program. The applicable energy 

program checklist will establish 

whether prerequisites for the energy 

program’s participation will be met. All 

checklists must be accompanied by a 

signed affidavit by the project architect 

or engineer stating that the goals are 

achievable, and the project has been 

enrolled in these programs if enrollment 

is applicable to that program. These 

programs evolve and newer versions are 

published, sometimes annually. Projects 

must participate in the current version 

of the programs and must consult with 

the program provider for the most 

current, applicable and available 

programs for their project location. In 

addition, projects that apply for points 

under the energy generation category 

must include calculations of savings of 

energy. Compare property energy usage 

of three scenarios: (1) Property built to 

required code of state with no 

renewables, to (2) property as-designed 

with commitments to stated energy 

conservation programs without the use 

of renewables and (3) property asdesigned with commitments to stated 

energy conservation programs and the 

use of proposed renewables. Use local 

average metrics for weather and utility 

costs and detail savings in kWh and 

dollars. Provide payback calculations. 

These calculations must be done by a 

licensed engineer or credentialed 

renewable energy provider. Include 

with the application, the provider/ 

engineer’s credentials including 

qualifications, recommendations, and 

proof of previous work. The checklist, 

affidavit, calculations, and 

qualifications of the engineer/energy 

provider must be submitted together 

with the pre-application. 

(c) Enrollment in EPA Portfolio 

Manager Program. All projects awarded 

scoring points for energy initiatives 

must enroll the project in the EPA 

Portfolio Manager program to track postconstruction energy consumption data. 

More information about this program 

may be found at: https://

www.energystar.gov/buildings/facilityowners-and-managers/existingbuildings/use-portfolio-manager. 

(d) Energy Conservation for 

rehabilitation. Projects may be eligible 

for scoring points when the preapplication includes a written 

certification by the applicant to 

participate and achieve certification in 

the following energy efficiency 

programs. 

The points will be allocated as 

follows: 

• Participation in the EPA’s Energy 

Star Multifamily Certification Process (5 

points). https://www.energystar.gov/ 

partner_resources/residential_new/ 

homes_prog_reqs/multifamily_national_

page 

or 

• Participation in the Green 

Communities program by the Enterprise 

Community Partners (2020 Criteria). (5 

points) https://

www.enterprisecommunity.org/ 

solutions-and-innovation/greencommunities 

or 

• Participation in the DOE Zero 

Energy Ready Homes program. (5 

points) https://www.energy.gov/eere/ 

buildings/zero-energy-ready-homes 

or 

• PHIUS+ Passive Building Standard 

(2018) (5 points) https://

multifamily.phius.org/service-category/ 

phius-within-reach 

or 

• International Living Future Institute 

Living Building Challenge (5 points) 

https://living-future.org/lbc/. 

(e) Water Conservation in Irrigation 

Measures. Projects may be awarded two 

points (2 points) for the use of an 

engineered recycled water (gray water or 

storm water) for landscape irrigation 

covering 50 percent or more of the 

property’s site landscaping needs. 

(f) Property Management Credentials. 

Projects may be awarded three points (3 

points) if the designated property 

management company or individuals 

that will assume maintenance and 

operation responsibilities upon 

completion of construction work have a 

Credential for Green Property 

Management. Credentialing can be 


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obtained from the National Apartment 

Association (NAA), National Affordable 

Housing Management Association, The 

Institute for Real Estate Management, 

USGBC LEED for Operations and 

Maintenance, or another source with a 

certifiable credentialing program. 

Credentialing must be illustrated in the 

resume(s) of the property management 

team and included with the preapplication. 

E. Federal Award Administration 

Information 

(1) Federal Award Notices 

(a) Applicants must submit their preapplication by the due date specified in 

this Notice. The RHS will rank by score, 

highest to lowest, eligible preapplications. Based on available 

funding, the 10 percent persistent 

poverty counties set-aside, and the 50 

percent limitation per State, the RHS 

will determine which pre-applications 

will be selected for further processing 

starting with the highest scoring preapplication. The RHS will notify 

applicants with pre-applications found 

eligible and selected for further 

processing. 

(b) Applicants will be notified if there 

are insufficient funds available for the 

proposal and such notification is not 

appealable. For applications found 

ineligible or incomplete, the RHS will 

send notices of ineligibility that provide 

appeal rights under 7 CFR part 11, as 

appropriate. 

(c) The RHS will rank all preapplications nationwide. When 

proposals have an equal score and not 

all pre-applications can be funded, 

preference will be given first to Indian 

tribes as defined in § 3560.11, then local 

non-profit organizations or public 

bodies whose principal purposes 

include low-income housing that meet 

the conditions of § 3560.55(c), and the 

following conditions: 

• Is exempt from Federal income 

taxes under section 501(c)(3) or 

501(c)(4) of the Internal Revenue 

Service code; 

• Is not wholly or partially owned or 

controlled by a for-profit or limitedprofit type entity; 

• Whose members, or the entity, do 

not share an identity of interest with a 

for-profit or limited-profit type entity; 

• Is not co-venturing with another 

entity; and 

• The entity or its members will not 

be receiving any direct or indirect 

benefits pursuant to LIHTC. 

(d) If after all the above evaluations 

are completed and there are two or more 

pre-applications that have the same 

score, and all cannot be funded, a 

lottery will be used to break the tie. The 

lottery will consist of the names of each 

pre-application with equal scores 

printed onto a same size piece of paper, 

which will then be placed into a 

receptacle that fully obstructs the view 

of the names. The Director of the 

Production and Preservation Division, 

in the presence of two witnesses, will 

draw a piece of paper from the 

receptacle. The name on the piece of 

paper drawn will be the applicant to be 

funded. 

If insufficient funds remain for the 

next ranked proposal, that applicant 

will be given a chance to modify their 

pre-application to bring it within the 

remaining available funding. This will 

be repeated for each next ranked eligible 

proposal until an award can be made or 

the list is exhausted. 

(2) Administrative and National Policy 

Projects receiving subsequent Off-FLH 

loans and/or grants are subject to 

additional restrictive-use provisions 

contained in 7 CFR 3560.72(a)(2). 

(a) An FLH grant agreement, prepared 

by the RHS, must be dated, and 

executed by the applicant on the date of 

closing, if applicable. The form of 

resolution to be adopted by the 

applicant must contain policy and 

procedural requirements that should be 

read and be fully understood by the 

applicant’s Board of Directors and 

officers. 

(b) The grant agreement will remain 

in effect for so long as there is a need 

for the FLH project and will not expire 

until an official determination has been 

made by the RHS that there is no longer 

a need for the FLH project, if applicable. 

(3) Reporting 

(a) Borrowers must maintain separate 

financial records for the operation and 

maintenance of the project and for 

tenant services. 

(b) Project funds may not be used to 

pay for these services, however, costs 

associated with a Resident Services 

Coordinator or coordination of resident 

services are an eligible expense and 

could be included in the project budget, 

if applicable. 

(c) Funds allocated to the operation 

and maintenance of the project may not 

be used to supplement the cost of tenant 

services, nor may tenant service funds 

be used to supplement the project 

operation and maintenance. 

(d) Detailed financial reports 

regarding tenant services will not be 

required unless specifically requested 

by the RHS, and then only to the extent 

necessary for the RHS and the borrower 

to discuss the affordability (and 

competitiveness) of the service provided 

to the tenant. 

(e) The project audit, or verification of 

accounts on Form RD 3560–10, 

‘‘Borrower Balance Sheet,’’ together 

with an accompanying Form RD 3560– 

7, ‘‘Multiple Family Housing Project 

Budget/Utility Allowance,’’ must 

allocate revenue and expenses between 

project operations and the tenant 

services component. 

F. Preliminary Eligibility Assessment 

The RHS shall make a preliminary 

eligibility assessment using the 

following criteria: 

(1) The pre-application was received 

by the submission deadline specified in 

this Notice; 

(2) The pre-application is complete as 

specified by this Notice; 

(3) The applicant is an eligible entity 

and is not currently debarred, 

suspended, or delinquent on any 

Federal debt; and 

(4) The proposal is for authorized 

purposes. 

G. Final Application and Submission 

Information 

(1) Final Application Submission 

(a) The pre-applications that are 

selected for further processing will be 

invited to submit final applications. If a 

pre-application is selected for further 

processing and the applicant declines, 

the next highest ranked pre-application 

will be selected for further processing. 

The final applications will be due by 

June 30, 2022, 12 p.m., Eastern Standard 

Time. 

(b) All final applications must be filed 

with the RHS and must meet the 

requirements of this Notice. Incomplete 

final applications will be rejected and 

returned to the applicant. No final 

applications will be accepted after the 

deadline unless the date and time are 

extended by another Notice published 

in the Federal Register. 

(c) A final application in accordance 

with this Notice must be submitted and 

approved by the RHS prior to the 

obligation of funds. 

(d) The final application submission 

process will be the same as previously 

explained and outlined for the preapplication submission process in 

Section C(1), ‘‘Pre-application and 

Submission Information.’’ 

(2) Final Application Requirements 

The final application must contain the 

following information in addition to the 

pre-application documents that were 

previously submitted: 

(a) Description of any changes from 

the pre-application submission 

including funding, scope of work, etc. 


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(b) If any document that was 

submitted within the pre-application 

has since changed or needs to be 

updated with the final application, 

please submit the updated form(s) with 

the final application: 

(i) Final Form RD 3560–1, 

‘‘Application for Partial Release, 

Subordination, or Consent,’’ can be 

obtained at: https://formsadmin.sc.

egov.usda.gov//efcommon/

eFileServices/eFormsAdmin/RD3560- 

0001.pdf. 

(ii) Final Standard Form 424, 

‘‘Application for Federal Assistance.’’ 

(iii) Final proposed Form RD 1924– 

13, ‘‘Estimate and Certificate of Actual 

Cost.’’ 

(iv) Final proposed post-transaction 

operating budget utilizing Form RD 

3560–7, ‘‘Multiple Family Housing 

Project Budget/Utility Allowance.’’ The 

budget must include the debt service of 

the new RHS loan, if applicable. This 

will be a post transaction budget that 

must include a narrative that provides 

justification for any changes between 

the current budget and proposed budget. 

(c) Updated financial statements, if 

applicable (must be within 6 months of 

this Notice’s final application 

submission due date). 

(d) Submit a current (no older than six 

months from the date of issuance) 

combination comprehensive credit 

report for both the entity and the actual 

individual principals, partners, 

members, etc. within the applicant 

entity, including any sub-entities, who 

are responsible for controlling the 

ownership and operations of the entity. 

Although a commercial credit report for 

a new entity may have limited 

information available, a combination 

report ties the entity and individual 

principal(s) together under the 

applicant/borrower name based on the 

credit report agency’s ability to provide 

a single reporting source. However, if 

any of the principals in the applicant 

entity are not natural persons (i.e., 

corporations, other limited liability 

companies, trusts, etc.) separate 

commercial credit reports must be 

submitted on those organizations as 

well. Individual personal consumer 

credit reports are not required if a 

combination report is being provided. 

Only Credit reports provided by 

accredited major credit bureaus will be 

accepted. If the credit report(s) is not 

submitted by the final application 

deadline, the application will be 

considered incomplete and will not be 

considered for funding. 

(e) Document the continued need for 

the project. The applicant must provide 

documentation that the average physical 

vacancy rate for the twelve (12) months 

preceding this Notice’s final application 

submission due date has been no more 

than ten (10) percent for projects 

consisting of sixteen (16) or more 

revenue units and no more than fifteen 

(15) percent for projects with less than 

sixteen (16) revenue units unless the 

project is seasonal Off-FLH or unless the 

applicant has an RHS approved workout 

plan and is in compliance with the 

provisions of the workout plan and 

provides sufficient market 

documentation or a market study that 

clearly demonstrates to the RHS that 

sufficient market demand exists. If the 

project is seasonal Off-FLH, the 

applicant must provide detailed 

documentation for the twenty-four (24) 

months preceding this Notice’s final 

application submission due date that 

verifies the project’s operations 

including information regarding the 

open and close date, lease-up, vacancy, 

rent rolls, operating budgets, and any 

other information the applicant can 

provide to document the need for the 

seasonal Off-FLH project. All of the 

tenants in the project must be eligible 

farm labor tenants as defined in this 

Notice. 

(f) Document the project has 

maintained a positive cash flow. The 

applicant must provide documentation 

that the project had a positive cash flow 

for the previous full three (3) years of 

operations preceding this Notice’s final 

application submission due date unless 

an exception applies for projects with 

an RHS approved workout plan where 

the applicant is in compliance with the 

provisions of the workout plan and has 

remained in compliance. The RHS may 

require that applicants with monetary or 

non-monetary deficiencies be in 

compliance with the RHS approved 

workout plan for a minimum of six (6) 

consecutive months before becoming 

eligible for a loan and/or grant under 

this Notice. Additionally, an exception 

may apply to projects that have a 

negative cash flow in operations if 

surplus cash exists in either the general 

operating account as defined in 7 CFR 

3560.306(d)(1) or the reserve account. 

Surplus cash exists when the balance is 

greater than the required deposits minus 

authorized withdrawals. The applicant 

must provide the project’s annual 

financial report(s) to document the 

project complies with this exception for 

each year the project has a negative cash 

flow, if applicable. Seasonal Off-FLH 

properties that receive OA may also be 

exempt from this requirement at the sole 

discretion of the RHS, if applicable. 

(g) Form RD 1910–11, ‘‘Applicant 

Certification, Federal Collection Policies 

for Consumer or Commercial Debts’’ can 

be found at: https://forms.sc.

egov.usda.gov//efcommon/

eFileServices/eForms/RD1910-11.PDF. 

(h) Form RD 400–1, ‘‘Equal 

Opportunity Agreement,’’ can be found 

at: https://forms.sc.egov.usda.gov/

eForms/browseFormsAction.do?

pageAction=displayPDF&formIndex=1. 

(i) Form RD 400–6, ‘‘Compliance 

Statement,’’ if available, can be found at: 

https://forms.sc.egov.usda.gov/eForms/

browseFormsAction.do?pageAction=

displayPDF&formIndex=4. 

The following forms for acceptance of 

a federal award are now collected 

through your registration or annual 

recertification in SAM.gov in the 

Financial Assistance General 

Certifications and Representations 

section: 

(j) Form AD–1047, ‘‘Certification 

Regarding Debarment, Suspension, and 

Other Responsibility Matters Primary 

Covered Transactions,’’ can be found at: 

https://www.ocio.usda.gov/sites/

default/files/docs/2012/AD1047_

PrimaryCoveredTransactions_final.pdf. 

(k) Form AD–1048, ‘‘Certification of 

Debarment, Suspension, Ineligibility 

and Voluntary Exclusion Lower Tier 

Covered Transactions,’’ if applicable, 

can be found at: https://

www.ocio.usda.gov/sites/default/files/

docs/2012/AD1048_LowerTierCovered

Transactions_final.pdf. 

(l) Form AD–1049, ‘‘Certification 

Regarding Drug-Free Workplace 

Requirements (Grants) Alternative I— 

For Grantees Other Than Individuals,’’ 

can be found at: https://

www.ocio.usda.gov/sites/default/files/

docs/2012/AD1049_Alt1_Grantees

OtherThanIndividuals_v2_final.pdf. 

https://www.ocio.usda.gov/sites/

default/files/docs/2012/AD1049_Alt1_

GranteesOtherThanIndividuals_v2_

final.pdf. 

(m) Form RD 3560–13, ‘‘Multi-Family 

Project Borrower’s/Management Agent’s 

Management Certification,’’ if 

applicable, can be found at: https://

forms.sc.egov.usda.gov//efcommon/

eFileServices/eForms/RD3560-13.PDF. 

This document is required only if the 

owner is changing the management 

agent or the management fee as part of 

this proposal. 

(n) Management plan with all 

attachments including the proposed 

record keeping system, the proposed 

lease with an attorney’s certification, if 

applicable, and the proposed occupancy 

rules. This document is required only if 

the owner is changing the management 

agent or revising the management plan 

and any attachments as part of this 

proposal. 

(o) Management Agreement, if 

applicable. This document is required 

only if the owner is changing the 


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management agent or revising the 

management agreement and any 

attachments as part of this proposal. 

(p) Certificate of Good Standing. 

(q) Attorney Certification. Letter from 

the applicant’s attorney certifying the 

legal sufficiency of the organizational 

documents. The attorney must certify: 

(1) The applicant’s legal capacity to 

successfully operate the proposed 

project for the life of the loan and/or 

grant. 

(2) The organizational documents 

comply with RHS regulations. 

(3) For partnership purchasers, that 

the term of the partnership extends at 

least through the latest maturity of all 

proposed RHS debt. 

(4) That the organizational documents 

required prior written RHS approval for 

any of the following: Withdrawal of a 

general partner/managing member, 

admission of a general partner/ 

managing member, amending the 

organizational documents, and selling 

all or substantially all of the assets of 

the purchaser. 

(5) That there have been no changes 

to either the ownership entity or the 

property that have not been approved by 

the RHS. 

(r) Acceptable appraisal, if applicable. 

Applicants may contact the RHS to 

discuss the appraisal requirements 

including the Appraisal Assignment 

Guidance prior to engaging an appraiser. 

Appraisals prepared for any other 

participants or lenders may not satisfy 

the RHS Appraisal Assignment 

Guidance requirements and may require 

the applicant to incur additional costs. 

You may contact the RHS at 

MFHprocessing1@usda.gov to obtain 

Appraisal Assignment Guidance prior to 

ordering the appraisal. 

Project funds may be used to obtain 

the appraisal if there are adequate funds 

available and the request to use project 

funds is approved by the Field 

Operations Division servicing official. 

No appraisal is required for subsequent 

Section 516 Off-FLH grant only 

requests. 

(s) An acceptable As-Is CNA in 

accordance with the requirements set 

forth in this funding notice and the 

addendum to this notice. 

• The minimum requirements for a 

CNA acceptable to the RHS can be 

found in the Addendum: Capital Needs 

Assessment Process at the end of this 

notice, Attachment B, CNA Statement of 

Work and Attachment C, Fannie Mae 

Physical Needs Assessment Guidance to 

the Property Evaluator. 

• The CNA report must be obtained 

by the CNA recipient from an 

independent third-party CNA provider 

that has no identity of interest with the 

property owner, management agent, 

applicant or any other principle or 

affiliate. 

• The CNA recipient will contract 

with the CNA provider and is therefore, 

the client of the provider. However, the 

CNA recipient must consult with RHS, 

before contracting with a CNA provider 

to review Guidance Regarding 

Contracting for a CNA. 

• The RHS CNA reviewer will 

evaluate a proposed agreement or 

engagement letter between the CNA 

recipient and the CNA provider using 

Attachment D, CNA e-Tool Estimated 

Useful Life Table, prior to reviewing any 

CNA report. 

• Unacceptable CNA proposals, 

contracts or reports will be returned to 

the CNA recipient for appropriate 

corrections before they will be used for 

any underwriting determinations. 

• The CNA reviewer will also review 

the cost of the CNA contract. In most 

cases, the CNA service contract amount 

has not exceeded $3,500 based on the 

RHS’s most recent cost analysis. 

Borrowers and applicants are 

encouraged to obtain multiple bids in 

all cases. However, there is no RHS 

requirement to select the ‘‘low bidder.’’ 

• All of the information and 

requirements, including the CNA 

Template that the can must be 

submitted on, can be found at: https:// 

www.rd.usda.gov/programs-services/ 

multi-family-housing-direct-loans. 

Project funds may be used to obtain 

the As-Is CNA if there are adequate 

funds available and the request to use 

project funds is approved by the Field 

Operations Division servicing official. 

The rehabilitation plan should be 

developed in accordance with the CNA 

and the applicant should submit 

documentation of the detailed plan and 

timeline for completion of the 

rehabilitation work. 

(t) Final plans and specifications 

along with the proposed manner of 

construction, if available. The housing 

must meet RHS’s design and 

construction standards contained in 7 

CFR part 1924, subparts A and C and 

must also meet all applicable Federal, 

State, and local accessibility standards. 

The final plans and specifications along 

with the proposed manner of 

construction must be submitted prior to 

the approval of the final application. 

(u) Final construction planning, 

bidding, and contract documents, 

including the construction contract and 

architectural agreement, etc., if 

available. The final construction 

planning, bidding, and contract 

documents, including the construction 

contract and architectural agreement, 

etc., must be submitted prior to the 

approval of the final application. 

(v) Environmental information in 

accordance with the requirements in 7 

CFR 1970. The applicant may consult 

with the RHS to determine the 

appropriate level of environmental 

review and to obtain publicly available 

resources at the earliest possible time 

for guidance in identifying all relevant 

environmental issues that must be 

addressed and considered during early 

project planning and design throughout 

the process. Requests for a consult can 

be sent to the following email address: 

MFHprocessing1@usda.gov. The 

applicant is responsible for preparing 

and submitting the environmental 

review document in accordance with 

the format and standards provided by 

RHS in 7 CFR 1970. Applicants may 

employ a design or environmental 

professional or technical service 

provider to assist them in the 

preparation of their environmental 

review documents at their own expense. 

(w) The environmental information 

must include evidence of compliance 

with the requirements of the applicable 

State Housing Preservation Office 

(SHPO), and/or Tribal Historic 

Preservation Officer (THPO), if 

applicable. A letter from the SHPO and/ 

or THPO where the Off-FLH project is 

located signed by their designee will 

serve as evidence of compliance, if 

applicable. 

(x) All applications that propose the 

use of any leveraged grant funds must 

submit firm commitment letters within 

their final application, if available. This 

includes any interim lender 

commitment letters with evidence of 

license to do business in the applicable 

state. If the applicant is unable to secure 

third-party firm commitment letters 

within 180 calendar days from the 

issuance of the award letter under this 

NOFA, the application will be deemed 

incomplete, and the award letter will be 

considered null and void and the 

applicant will be notified in writing that 

the application will be rejected. 

(y) Description of how the applicant 

will meet the equity contribution 

requirement as applicable. 

(z) Signed statement from the 

applicant agreeing to pay cost overruns. 

(aa) Tenant relocation plan, if 

applicable. Subsequent Section 514 OffFLH loans or subsequent Section 516 

Off-FLH grants that are made for major 

repair and rehabilitation may require 

the temporary relocation of tenants 

while the project is undergoing work. 

The applicant must provide a plan and 

financial assistance for relocation of 

displaced persons from a site on which 

a project will be located. The plan must 


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meet the requirements of HB–1–3560, 

Chapter 3, Paragraph 3.19. 

(3) Final Application Guidance 

The RHS will follow 7 CFR 3560 and 

this Notice for the processing of final 

applications. Final applications will 

need to follow the bidding process as set 

forth in 7 CFR part 1924. 

(4) Documentation of Underwriting and 

Costs 

(a) All final applications including the 

loan and/or grant requests will be 

analyzed using an underwriting 

template that the RHS has developed. A 

complete analysis and underwriting of 

the proposed transaction will be 

completed to ensure all regulatory 

requirements are met and to ensure 

overall project feasibility as well as to 

determine the minimum amount of 

assistance that is needed for the 

proposal. 

(b) Once the loan and/or grant funds 

have been obligated, the applicant 

should be prepared to close the 

transaction and promptly complete 

construction within 12–18 months. 

(5) Technical Assistance Providers 

Please be aware that technical 

assistance services may not be used to 

reimburse a nonprofit or public body 

applicant for technical services 

provided by a nonprofit organization, 

with housing and/or community 

development experience, to assist the 

nonprofit applicant entity in the 

development and packaging of its loan/ 

grant docket and project. In addition, 

technical assistance will not be funded 

by the RHS when an identity of interest 

exists between the technical assistance 

provider and the loan or grant applicant. 

Identity of interest is defined in 7 CFR 

3560.11. In instances where technical 

assistance is allowed, eligible costs will 

be limited to those allowed under 2 CFR 

part 200. 

(6) Equal Opportunity Survey 

RHS should provide applicants the 

voluntary OMB 1890–0014 form, 

‘‘Survey on Ensuring Equal Opportunity 

for Applicants’’, (or other forms 

currently being used by RHS) and ask 

the applicant to complete it and return 

it to the RHS. 

(7) Substantial Portion of Income From 

Farm Labor 

The Notice restates the requirement 

that domestic farm laborers must receive 

a substantial portion of their income 

from ‘‘farm labor.’’ Further explanation 

of this requirement can be found in the 

regulation at 7 CFR 3560.576(b)(2) and 

this notice for processing of final 

applications. The term ‘‘farm labor’’ is 

defined in 7 CFR 3560.11. 

G. Paperwork Reduction Act 

The information collection 

requirements contained in this Notice 

have received approval from the Office 

of Management and Budget (OMB) 

under Control Number 0575–0189. 

H. Equal Opportunity and NonDiscrimination Requirements 

In accordance with Federal civil 

rights law and the United States 

Department of Agriculture (USDA) civil 

rights regulations and policies, the 

USDA, its Agencies, offices, and 

employees, and institutions 

participating in or administering USDA 

programs are prohibited from 

discriminating based on race, color, 

national origin, religion, sex, gender 

identity (including gender expression), 

sexual orientation, disability, age, 

marital status, family/parental status, 

income derived from a public assistance 

program. Political beliefs, or reprisal or 

retaliation for prior civil rights activity, 

in any program or activity conducted or 

funded by USDA (not all bases apply to 

all programs). Remedies and complaint 

filing deadlines vary by program or 

incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARGET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at: https://

www.ascr.usda.gov/complaint_filing_

cust.html, and at any USDA office or 

write a letter addressed to USDA and 

provide in the letter all of the 

information requested in the form. To 

request a copy of a complaint form, call, 

(866) 632–9992. Submit your completed 

form or letter to USDA by: 

(1) Mail: United States Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; 

(2) Fax: (202) 690–7442; or 

(3) Email at: program.intake@

usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

Addendum: Capital Needs Assessment 

Process 

A Capital Needs Assessment (CNA) 

provides a repair schedule for the 

property in its present condition, 

indicating repairs and replacements 

necessary for a property to function 

properly and efficiently over a span of 

20 years. 

The purpose of this Addendum is to 

provide clarification and guidance on 

the Rural Development CNA process. 

The document includes general 

instructions used in completing CNA 

reports, specific instructions on how to 

use the expected useful life tables, and 

a set of applicable forms including the 

Terms of Reference form; Systems and 

Conditions forms; and Evaluator’s 

Summary forms. 

1. Definitions 

The following definitions are 

provided to clarify terms used in 

conjunction with the CNA process: 

CNA Recipient: This will be who 

enters into the contract with the CNA 

Provider. The Recipient can be either 

the property owner or applicant/ 

transferee. 

‘‘As-Is’’ CNA: This type of CNA is 

prepared for an existing MFH property 

and reports the physical condition 

including all Section 504 Accessibility 

and Health and Safety items of the 

property based on that moment in time. 

This CNA can be useful for many 

program purposes other than the MPR 

Demonstration program such as: an 

ownership transfer, determining 

whether to offer pre-payment aversion 

incentive and evaluating or resizing the 

reserve account. The ‘‘as-is’’ report will 

include all major repairs and likely 

some minor repairs that are typically 

associated with the major work: Each 

major component, system, equipment 

item, etc. inside and outside; 

building(s); property; access and 

amenities in their present condition. A 

schedule of those items showing the 

anticipated repair or replacement 

timeframe and the associated hard costs 

for the ensuing 20-year term of the CNA 

serves as the basis or starting point in 

evaluating the underwriting that will be 

necessary to determine the feasibility 

and future viability of the property to 

continue serving the needs of eligible 

tenants. 

‘‘Post Rehabilitation’’ CNA: This type 

of CNA builds on the findings of the 

accepted ‘‘as-is’’ CNA and is typically 

prepared for a project that will be 

funded for major rehabilitation. The 

Post Rehabilitation CNA is adjusted to 

reflect the work intended to be 

performed during the rehabilitation. The 


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assessment must be developed from the 

rehabilitation project plans and any 

construction contract documents to 

reflect the full extent of the planned 

rehabilitation. 

Life Cycle Cost Analysis (LCCA): A 

LCCA is an expanded version of a CNA 

and is defined at 7 CFR Section 3560.11. 

The LCCA will determine the initial 

purchase cost, the operation and 

maintenance cost, the ‘‘estimated useful 

life’’, and the replacement cost of an 

item selected for the project. The LCCA 

provides the borrower with the 

information on repair or replacement 

costs and timeframes over a 20-year 

period. It also provides information that 

will assist with a more informed 

component selection and can provide 

the borrower with a more complete 

financial plan based on the predictive 

maintenance needs associated with 

those components. If the newly 

constructed project has already been 

completed without any previous LCCA 

requirements, either an ‘‘as-is’’ CNA or 

LCCA can be provided to establish 

program mandated reserve deposits. An 

Architect or Engineer is the best 

qualified person(s) to prepare this 

report. 

Consolidation: In some 

circumstances, RD may permit two or 

more properties to be consolidated as 

defined in 7 CFR 3560, § 3560.410 when 

it is in the best interests of the 

Government. The CNA Recipient must 

consult with the RD loan official before 

engaging the CNA Provider in any case 

where the CNA intends to encompass 

more than a single (one) existing RD 

property to determine if a consolidated 

CNA may be acceptable for RD 

underwriting. 

2. Contract Addendum 

RD uses a Contract Addendum to 

supplement the basic CNA Agreement 

or ‘‘Contract’’, between the CNA 

Recipient and CNA Provider, with 

additional details and conditions. It can 

be found in Attachment A, Addendum 

to Capital Needs Assessment Contract 

and must accompany all contracts 

executed between the CNA Recipient 

and CNA Provider for CNAs used in RD 

transactions. If any conflicts arise 

between the ‘‘Contract’’ and ‘‘Contract 

Addendum’’, the ‘‘Contract Addendum’’ 

will supersede. 

The Contract Addendum identifies 

the responsibilities and requirements for 

both the CNA Recipient and the CNA 

Provider. To assure proper completion 

of the contract documents the following 

key provisions must be completed: 

a. The Contract Addendum will 

include the contract base amount for the 

CNA Provider’s cost for services on page 

A–2, and provisions for additional 

services to establish the total price for 

the CNA. 

b. Item I e, will require an itemized 

listing for any additional anticipated 

services and their unit costs including 

future updates and revisions that may 

be required before the CNA is accepted 

by RD. Note: Any cost for updating a 

CNA must be included, in the 

‘‘additional services’’ subpart, of the 

original CNA Contract. 

c. The selection criteria boxes in II a, 

will identify the type of CNA being 

provided. 

d. In III a, the required language for 

the blank on ‘‘report format’’ is: ‘‘USDA 

RD CNA Template, current RD version, 

in Microsoft Excel format’’. This format 

will import directly into the RD 

underwriting template for loan 

underwriting purposes. 

3. Requirements and Statement of Work 

(SOW) for a CNA 

Minimum requirements for a CNA 

acceptable to RD can be found in 

Attachment B, Capital Needs 

Assessment Statement of Work. This is 

supplemented by Attachment C, Fannie 

Mae Physical Needs Assessment 

Guidance to the Property Evaluator. To 

resolve any inconsistency in the two 

documents, Attachment B, the CNA 

SOW, will in all cases prevail over 

Attachment C, Fannie Mae Physical 

Needs Assessment Guidance to the 

Property Evaluator. (For example, on 

page C–2 of Attachment C, Fannie Mae 

defines the ‘‘term’’ as ‘‘term of the 

mortgage and two years beyond’’. For 

USDA, the ‘‘term’’ will be 20 years, as 

defined in the CNA SOW.) 

Attachment B includes the required 

qualifications for the CNA Provider, the 

required SOW for a CNA assignment, 

and general distribution and review 

instructions to the CNA Provider. The 

CNA Providers must be able to report 

the current physical condition of the 

property and not base their findings on 

the financial condition of either the 

property or the CNA Recipient. 

Attachment C is a three-part 

document RD has permission to use as 

reference to the CNA process 

throughout the RD MFH program efforts. 

The three key components of this 

Attachment are: (1) Guidance to the 

property evaluator; (2) expected useful 

life tables; and (3) a set of forms. 

An acceptable CNA must 

appropriately address within the report 

and narrative all Accessibility Laws and 

Requirements that apply to Section 515 

and Sections 514/516 MFH properties. 

The CNA Provider must assess how the 

property meets the requirements of 

accessibility to persons with disabilities 

in accordance the Uniform Federal 

Accessibility Standards (UFAS) and 

Section 504 Accessibility Requirements. 

It is the responsibility of the Provider to 

inspect and verify whether all 

accessibility features are compliant. 

4. The CNA Review Process 

A CNA used by RD will be reviewed 

by the designated RD CNA Reviewer 

with experience in construction, 

rehabilitation, and repair of MFH 

properties, especially as it relates to 

repair and replacement. 

A CNA report must be obtained by the 

CNA Recipient from an independent 

third-party CNA Provider that has no 

identity of interest with the property 

owner, management agent, applicant/ 

transferee or any other principle or 

affiliate defined in 7 CFR part 3560, 

§ 3560.11. The CNA Recipient will 

contract with the CNA Provider and is 

therefore the client of the provider. 

However, the CNA Recipient must 

consult with RD, before contracting with 

a CNA Provider to review Guidance 

Regarding Contracting for a CNA. The 

RD CNA Reviewer will evaluate a 

proposed agreement or engagement 

letter between the CNA Recipient and 

the CNA Provider using Attachment D, 

Capital Needs Assessment Guidance to 

the Reviewer, prior to reviewing any 

CNA report. Unacceptable CNA 

proposals, contracts or reports will be 

returned to the CNA Recipient for 

appropriate corrections before they will 

be used for any underwriting 

determinations. 

The CNA Reviewer will also review 

the cost of the CNA contract. The 

proposed fee for the CNA must be 

approved as an eligible housing project 

expense under 7 CFR 3560.103 (c) for 

the agreement to be acceptable and paid 

using project funds. In most cases, the 

CNA service contract amount has not 

exceeded $3,500 based on the Agency’s 

most recent cost analysis. 

Borrowers and applicants are 

encouraged to obtain multiple bids in 

all cases. However, there is no Agency 

requirement to select the ‘‘low bidder’’ 

under this UL and the CNA Recipient 

may select a CNA Provider that will 

provide the best value, based on 

qualifications, as well as price after 

reviewing references and past work. 

If the CNA is funded by the property’s 

reserve account, a minimum of two bids 

is required if the CNA service contract 

amount is estimated to exceed $5,000 as 

specified in HB–2–3560, Chapter 4, 

Paragraph 4.17 B. If the CNA contract 

under this UL is funded by another 

source, or will be under $5,000, a single 

bid is acceptable. 


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If the proposed agreement is 

acceptable, the reviewer will advise the 

appropriate RD servicing official, who 

will in turn inform the CNA Recipient. 

If the proposed agreement is 

unacceptable, the reviewer will notify 

the servicing official, who will notify 

the CNA Recipient and the CNA 

Provider in writing and identify actions 

necessary to make the proposed CNA 

agreement acceptable to RD. Upon 

receipt of a satisfactory agreement, the 

RD CNA Reviewer should advise the 

appropriate RD servicing official or 

underwriting official to accept the 

proposal. 

The CNA Reviewer will review the 

preliminary CNA report submitted to 

RD by the CNA Provider using 

Attachment D and write the preliminary 

CNA review report. During the CNA 

review process, the CNA Reviewer and 

underwriter will consult with the 

servicing field office most familiar with 

the property for their input and 

knowledge of the property. Any 

differences of opinion that exist 

regarding the findings must be mutually 

addressed by RD staff. If corrections are 

needed, the loan official will notify the 

CNA Recipient, in writing, of any 

revisions necessary to make the CNA 

report acceptable to RD. The CNA 

Reviewer will review the final CNA 

report and deliver it to the loan official. 

The final report must be signed by both 

the CNA Reviewer and the loan official 

(underwriter). Upon signature by both, 

this report becomes the ‘‘accepted’’ CNA 

indicating the actual condition of the 

property at the time of the CNA 

inspection—a ‘‘snapshot’’ in time—and 

will be marked ‘‘Current Property 

Condition’’ for indefinite retention in 

the borrower case file. 

A CNA Provider should be fully 

aware of the intended use for the CNA 

because it can impact the calculations 

necessary to perform adequate 

accessibility assessments and can 

impact the acceptability of the report by 

RD. Unacceptable reports will not be 

used for any RD underwriting purposes 

even though they may otherwise be 

acceptable to the CNA Recipient or 

another third-party lender or participant 

in the transaction being proposed. 

5. Guidance Regarding Contracting for a 

CNA 

CNA Recipients are responsible for 

choosing the CNA Provider they wish to 

contract with, and for delivering an 

acceptable CNA to Rural Development. 

RD in no way guarantees the 

performance any Provider nor the 

acceptability of the Provider’s work. 

CNA Recipients are advised to request 

an information package from several 

CNA Providers and to evaluate the 

information before selecting a provider. 

At a minimum, the information package 

should include a list of qualifications, a 

list of references, a client list, and a 

sample CNA report. However, the CNA 

Recipient may request any additional 

information they feel necessary to 

evaluate potential candidates and select 

a suitable provider for this service. 

Consideration for the type of CNA 

required should be part of the CNA 

Recipient’s selection criteria and 

inserted into the contract language as 

well. The necessary skill set to perform 

the ‘‘as-is’’ versus the Post 

Rehabilitation CNA or a LCCA needs to 

be considered carefully. Knowledge of 

the accessibility laws and standards and 

the ability to read and understand plans 

and specifications should also be among 

the critical skill elements to consider. 

Attachment A, Contract Addendum 

must be submitted to RD with the 

contract and signed by the CNA 

Recipient and CNA Provider. The 

proposed agreement with the CNA 

Recipient and CNA Provider must meet 

RD’s qualification requirements for both 

the provider and the CNA SOW, as 

specified in Attachment B, Capital 

Needs Assessment Statement of Work. 

RD must review the proposed agreement 

between the CNA Recipient and the 

CNA Provider, and concur only if all of 

the RD requirements and conditions are 

met. (See the previous Section 3 of this 

UL, The CNA Review Process.) 

Please note: It is in the CNA 

Recipient’s best interest to furnish the 

CNA Provider with the most current and 

up-to-date property information for a 

more comprehensive and thorough CNA 

report. RD recommends that the CNA 

Recipient conduct a pre-inspection 

meeting with the Owner, Property 

Manager, maintenance persons familiar 

with the property, CNA Provider, and 

Agency Representatives at the site. This 

meeting will allow a forum to discuss 

specific details about the property that 

may not be readily apparent to all 

parties involved during the review 

process, as well as making some 

physical observations on-site. Certain 

issues that may not be evident to the 

CNA Provider due to weather 

conditions at the time of review should 

also be discussed and included in the 

report. Additionally, other issues that 

may need to be addressed include 

environmental hazards, structural 

defects, and complex accessibility 

issues. It is imperative that the Agency 

be fully aware of the current physical 

condition of the property at the time the 

CNA is prepared. An Agency 

representative must make every effort to 

attend the CNA Providers on-site 

inspection of the property unless the 

Agency has performed a physical 

inspection of the property within the 

previous 12 months. 

This pre-inspection meeting also 

allows the CNA Provider to discuss with 

the CNA Recipient total number of units 

to be inspected, as well as identifying 

any specific units that will be inspected 

in detail. The minimum number of 

inspected units required by the Agency 

for an acceptable CNA is 50 percent. 

However, inspecting a larger number of 

units generally provides more accurate 

information to identify the specific line 

items to be addressed over the ‘‘term’’ 

being covered by the CNA report. CNA 

Recipients are encouraged to negotiate 

with the CNA Provider to achieve 

inspection of all units whenever 

possible. The ultimate goal for the CNA 

Recipient and CNA Provider, as well as 

the Agency, is to produce the most 

accurate ‘‘baseline or snapshot’’ of 

current physical property conditions for 

use as a tool in projecting future reserve 

account needs. 

6. Revising an Accepted CNA During 

Underwriting (Applies to RD Actions) 

During transaction underwriting and 

analysis, presentation of the information 

contained in the ‘‘accepted’’ CNA may 

need to be revised by RD to address 

financing and other programmatic 

issues. The loan underwriter and the 

CNA Reviewer will work together to 

determine if revisions are necessary to 

meet the financial and physical needs of 

the property, and established RD 

underwriting or servicing standards and 

principals. These may involve shifting 

individual repair line items reported in 

the CNA, moving work from year to 

year, or other adjustments that will 

improve cash flow. The revised 

underwriting CNA will be used to 

establish reserve funding schedules as 

well as operating budget preparation 

and analysis and will be maintained by 

RD as supporting documentation for the 

loan underwriting. 

The initial CNA, prepared by the CNA 

Provider, will be maintained as an 

independent third- party record of the 

current condition of the property at the 

beginning of the 20-year cycle. 

Original CNAs will be maintained in 

the case file, clearly marked as either 

‘‘Current Property Condition’’ (‘‘As-is’’), 

‘‘Post Rehabilitation Condition’’, or 

‘‘Revised Underwriting/Replacement 

Schedule’’, as applicable. Note: The 

CNA Provider is not the appropriate 

party to ‘‘revise’’ a CNA which has 

already been approved by the CNA 

Recipient and concurred with by the 

Agency. The CNA Provider’s 

independent opinion was the basis of 


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the ‘‘As is’’ or ‘‘Post Rehabilitation’’ 

CNA. The CNA developed for 

underwriting may only be revised by RD 

staff during the underwriting process or 

as part of a post-closing servicing action. 

7. Updating a CNA (Applies to ‘‘As-Is’’ 

and ‘‘Post-Rehabilitation’’ That Have 

Not Been Accepted by RD) 

A completed CNA more than a year 

old at the time of the RD CNA review 

and approval must be ‘‘updated’ prior to 

RD approval. Likewise, if at the time of 

underwriting the CNA is more than a 

year old (but less than two years old), 

it must be updated before the 

transaction can be approved. 

To update a CNA, the CNA Provider 

must review property changes (repairs, 

improvements, or failures) that have 

occurred since the date of the original 

CNA site visit with the CNA Recipient, 

review costs and quantities, and submit 

an updated CNA for approval. However, 

if the site visit for the CNA occurred 

more than two years prior to the loan 

underwriting, the CNA Provider should 

perform a new site visit to verify the 

current project condition. 

Once the CNA has been updated, the 

CNA Provider will include a statement 

noting ‘‘This is an updated CNA of the 

earlier CNA dated llllll,’’ at the 

beginning of the CNA’s Narrative 

section. The CNA Provider should 

reprint the CNA with a new date for the 

updated CNA, and provide a new 

electronic copy to the CNA Recipient 

and RD. 

If the CNA age exceeds 2 years at the 

time of the RD CNA review and 

approval, the CNA Provider will need to 

repeat the site visit process to reevaluate the condition of the property. 

The original report can remain the basis 

of the findings. 

8. Incorporating a Property’s 

Rehabilitation Into a CNA 

A CNA provides a repair schedule for 

the property in its present condition, 

indicating repairs and replacements 

necessary for a property to function 

properly and efficiently over a span of 

20 years. It is not an estimate of existing 

rehabilitation needs, or an estimate of 

rehabilitation costs. If any rehabilitation 

of a MFH development is planned as 

part of the proposed transaction, a 

rehabilitation repair list (also called a 

‘‘Scope of Work’’) must be developed 

independently based on the CNA repair 

schedule. This rehabilitation repair list 

may be developed by the CNA 

Recipient, a project Architect, or an 

outside party (such as the CNA 

Provider, when qualified) hired by the 

CNA Recipient. 

The CNA Recipient must not use 

repair line-item costs taken from the 

CNA to develop the rehabilitation cost 

estimates for the rehabilitation loan, as 

these costs will not be accurate. The 

repair costs in a CNA are based on 

estimated costs for the property. 

Typically, these costs include the labor, 

materials, overhead and profit, but do 

not include applicable ‘‘soft costs’’. For 

example, for CNA purposes, the 

probable cost is to send a repairman out, 

remove an appliance, and put a new one 

in its place. For rehabilitation cost 

estimates, the CNA Recipient typically 

intends to hire a general contractor to 

oversee and supervise the rehabilitation 

work, which is then considered a ‘‘soft 

cost’’. The cost of rehabilitation 

includes the costs for that general 

contractor, the general contractor’s 

requirements, the cost of a project 

Architect (if one is used), tenant 

relocation (if needed), and interim 

financing (if used), which are 

considered ‘‘soft costs’’ attributed to the 

rehabilitation costs for the project. 

If a ‘‘Post Rehabilitation’’ CNA is 

required and authorized by RD, a copy 

of the rehabilitation repair list or SOW 

must be provided to the CNA Provider. 

The CNA Provider will prepare a 

‘‘Post Rehabilitation’’ CNA indicating 

what repairs are planned for the 

property in the coming 20 years based 

on conditions after the rehabilitation is 

completed. Items to be replaced during 

rehabilitation that will need to be 

replaced again within the 20 years, such 

as appliances, will be included in the 

‘‘Post Rehabilitation’’ CNA. Items that 

will not need replacement during the 

coming 20 years, such as a new roof, 

will not need to be calculated in the 

‘‘Post Rehabilitation’’ CNA. The line 

item should not be removed from the 

CNA, but the cost data should be zeroed 

out. Appropriate comments should be 

included in the CNA report to 

acknowledge the SOW or rehabilitation/ 

repairs that were considered. 

9. Repair and Replacement Schedule 

A CNA is not a formal repair and 

replacement schedule and cannot be 

used as an exact replacement schedule. 

A CNA is an estimate of the anticipated 

replacement needs for the property over 

time, and the associated replacement 

costs. The goal of a CNA is to estimate 

the replacement times based on the 

Expected Useful Life (EUL) to assure 

funds are available to replace equipment 

as it is needed. Hopefully, materials will 

be well maintained and last longer than 

estimated in the CNA. However, the 

CNA cannot be used to mandate 

replacement times for the identified 

building components. The RD 

underwriter may find it necessary to 

adjust the proposed replacement 

schedule during the course of the 

underwriting to allow for an adequate 

Annual Deposit to Replacement 

Reserves (ADRR) payment that will 

sustain the property over a 20-year 

period and keep rents below the 

maximum rents that are allowed. 

BILLING CODE 3410–XV–P 


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Joaquin Altoro, 

Administrator, Rural Housing Service. 

[FR Doc. 2022–04718 Filed 3–8–22; 8:45 am] 

BILLING CODE 3410–XV–C 


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