17672 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4207–N–01]

NOFA for Rental Assistance for

Persons With Disabilities in Support of

Designated Housing Allocation Plans

and Establishment of Preferences for

Certain Section 8 Developments

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of funding availability

(NOFA).

SUMMARY: This notice announces the

availability of up to $25 million in oneyear budget authority for approximately

4,200 Section 8 rental vouchers and

certificates for non-elderly persons with

disabilities in support of designated

housing allocation plans, and up to $25

million in one-year budget authority for

approximately 4,200 Section 8 rental

vouchers and certificates for non-elderly

disabled families who are not currently

receiving housing assistance in certain

Section 8 project-based developments

due to the owners establishing

preferences for the admission of elderly

families. The rental vouchers and

certificates will enable persons with

disabilities to rent affordable housing.

Housing agencies (HAs), including

Indian Housing Authorities (IHA), are

invited to respond to this NOFA for

funding for rental vouchers and

certificates related to preferences for

elderly admissions at certain Section 8

project-based developments. PHAs are

also invited to respond to this NOFA for

funding related to designated housing

allocation plans. IHAs, however, may

not apply for funding related to

designated housing allocation plans,

because the requirements of section 7

(42 U.S.C. 1437e) concerning designated

housing allocation plans do not apply to

IHAs.

Paragraphs A and G of this NOFA

address application related information

pertinent to preparing and submitting

an application related to designated

housing allocation plans, or an

application related to certain Section 8

project-based developments.

Information provided in paragraphs B

through F in this NOFA relate solely to

applications pertaining to certain

Section 8 project-based developments.

DATES: There are no application

deadlines for applications submitted in

response to this NOFA’s requirements

pertinent to either designated housing

allocation plan, or certain Section 8

developments. Applications may be

submitted immediately following the

publication of this NOFA and will

continue to be accepted through FY

1998 and beyond or until further notice

from HUD that all funds have been

obligated. HUD will not accept

application materials sent via facsimile

(FAX) transmission.

ADDRESSES: a. Allocation Plans. The

addresses for applications submitted for

Section 8 rental vouchers or certificates

in connection with allocation plans:

HUD Headquarters, Office of Public and

Assisted Housing Operations, Room

4206, 451 Seventh Street, S.W.,

Washington, D.C., 20410; and the local

HUD State or Area Office, Attention:

Director, Office of Public Housing, are

the official places of receipt. A PHA’s

application (see paragraph C. of NOFA

FR–4085-N–01 (61 FR 56090, October

30, 1996), captioned Application

Submission Requirements, regarding the

multiple components that must

comprise an HA’s application) should

be submitted concurrently to both

offices.

b. Certain Section 8 Projects. The

addresses for applications submitted for

Section 8 rental vouchers or certificates

in connection with Section 8 projectbased developments: HUD

Headquarters, Operations Division,

Room 4220, 451 Seventh St., S.W.,

Washington, D.C., 20410; and the local

HUD State or Area Office, Attention:

Director, Office of Public Housing, is the

official place of receipt, except for

applications from IHAs. HUD’s local

Office of Native American Programs,

Attention: Administrator, Office of

Native American Programs, is the

official place of receipt for IHA

applications. The application should be

submitted concurrently to HUD

Headquarters and the appropriate local

HUD Office.

For ease of reference, the term ‘‘HUD

Office’’ is subsequently used throughout

this NOFA to mean the local HUD State

Office, local HUD Area Office, and local

HUD Office of Native American

Programs.

FURTHER INFORMATION CONTACT: Gerald J.

Benoit, Director, Operations Division,

Office of Rental Assistance, Department

of Housing and Urban Development,

451 Seventh Street, SW, Washington,

DC 20410–8000, telephone number

(202) 708–0477 (this is not a toll-free

number). For hearing-and speechimpaired persons, this number may be

accessed via TTY by calling the Federal

Information Relay Service at 1–800–

877–8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The Section 8 information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. 3501–3520), and

assigned OMB control numbers 2577–

0169 and 2577–0192. An agency may

not conduct or sponsor, and a person is

not required to respond to, a collection

of information unless the collection

displays a valid control number.

Promoting Comprehensive Approaches

to Housing and Community

Development

HUD is interested in promoting

comprehensive, coordinated approaches

to housing and community

development. Economic development,

community development, public

housing revitalization, homeownership,

assisted housing for special needs

populations, supportive services, and

welfare-to-work initiatives can work

better if linked at the local level.

Toward this end, the Department in

recent years has developed the

Consolidated Planning process designed

to help communities undertake such

approaches.

In this spirit, it may be helpful for

applicants under this NOFA to be aware

of other related HUD NOFAs that have

recently been published or are expected

to be published in this fiscal year. By

reviewing these NOFAs with respect to

their program purposes and the

eligibility of applicants and activities,

applicants may be able to relate the

activities proposed for funding under

this NOFA to the recent and upcoming

NOFAs and to the community’s

Consolidated Plan.

Elsewhere in today’s Federal Register,

the Department has published a related

NOFA concerning Mainstream Housing

Opportunities for Persons with

Disabilities. On April 8, 1997, the

Department published in the Federal

Register the NOFA for Continuum of

Care Assistance. Other related NOFAs

the Department expects to publish in

the Federal Register within the next few

weeks include: the Family Unification

NOFA, the Housing Opportunities for

Persons with Aids NOFA, the

Supportive Housing for the Elderly

NOFA, and the Supportive Housing for

Persons with Disabilities NOFA.

To foster comprehensive, coordinated

approaches by communities, the

Department intends for the remainder of

FY 1997 to continue to alert applicants

of HUD’s NOFA activity. In addition, a

complete schedule of NOFAs to be
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17673

published during the fiscal year and

those already published appears under

the HUD Homepage on the Internet,

which can be accessed at http://

www.hud.gov.nofas.html. Additional

steps to better coordinate HUD’s NOFAs

are being considered for FY 1998.

For help in obtaining a copy of your

community’s Consolidated Plan, please

contact the community development

office of your municipal government.

Family Self-Sufficiency (FSS) Program

Requirement

Unless specifically exempted by HUD,

all rental voucher or rental certificate

funding (except funding for renewals or

amendments) reserved in FY ’97,

including funding reserved as a result of

this NOFA, will be used to establish or

increase the minimum size of an HA’s

FSS program.

A. Authority and Funding

(1) Authority.

Legislative authority to provide

Section 8 assistance in support of

allocation plans to designate public

housing for occupancy by elderly

families only, disabled families only, or

elderly families and disabled families

only (covering the $25 million available

under this NOFA) is found at Section 7

of the U.S. Housing Act of 1937 (42

U.S.C. 1437e). HUD’s Fiscal Year 1997

Appropriations Act, Public Law 104–

204, approved September 26, 1996

(Appropriations Act), contains language

authorizing the use of Section 8 rental

voucher and certificate funding for

housing agencies to implement

allocation plans approved by the

Secretary for designated housing. HUD’s

1997 Appropriations Act also contains

language authorizing the use of Section

8 rental vouchers and certificates by

HAs for non-elderly disabled families

who are not receiving housing

assistance in certain Section 8 projectbased developments, in accordance with

Section 651 of the Housing and

Community Development Act of 1992

where the owners have elected to

establish preferences for elderly families

(covering the remaining $25 million of

the total of $50 million available under

this NOFA).

(2) Application Funding

a. Allocation Plans. HUD will award

funding for rental vouchers or

certificates to PHAs that submit an

allocation plan to designate public

housing for occupancy by elderly

families only, disabled families only, or

disabled and elderly families only, and

that also administer a Section 8 rental

certificate or rental voucher program.

The $25 million in funding

announced in this NOFA, for Section 8

rental vouchers and certificates for

persons with disabilities in support of

designated housing allocation plans, is

in addition to the $78.6 million in

funding previously made available by

the NOFA for Rental Assistance for

Persons With Disabilities In Support of

Designated Housing Allocation Plans

(NOFA FR–4085-N–01) published at 61

FR 56090 on October 30, 1996.

The following requirements of NOFA

FR–4085–N–01, except as expressly

modified by this NOFA, apply to all

applications received after the date of

publication of this NOFA, including

applications funded from balances

remaining from the $78.6 million

initially made available by the NOFA

FR–4085–N–01:

Section A.(3) Limit on Rental

Assistance Requested;

Section a.(4) Guidelines, except see

this NOFA for turnover and HA

Responsibilities;

Section C. Application Submission

Requirements. Additional submission

requirements include:

• The maximum number of rental

vouchers or certificates that an HA may

apply for related to allocation plans

under this NOFA and NOFA FR–4085–

N–01 is limited to 200. The PHA must

indicate whether it will accept a

reduction in the number of rental

vouchers or certificates, and must state

the minimum number of rental vouchers

or certificates it will accept, since the

funding is limited and HUD may only

have enough funds to approve a smaller

amount than the number of rental

vouchers or certificates requested.

• Also, any PHA wishing to rely on

an allocation plan previously approved

by HUD (i.e., not submitted as part of a

PHA’s application in response to NOFA

FR–4085–N–01) will be required to

resubmit the HUD-approved allocation

plan as part of its application, along

with updated needs data indicating why

the PHA does not have the appropriate

resources to carry out the previously

approved or submitted plan, identifying

the new resources (Section 8 rental

vouchers or certificates) needed for

persons with disabilities and disabled

families, and addressing the housing

needs in its comprehensive plan.

• Applicants who choose to apply

must submit an allocation plan in

conformity with the requirements in

section 10(a) of the Housing

Opportunity Program Extension Act of

1996, Public Law 104–120, approved

March 28, 1996, as explained in Notice

PIH 97–12 (HA), Requirements for

Designation of Public Housing Projects.

Section D. Correction of Deficient

Applications. Section D.(2)(b)(viii)

lease-up rate threshold does not apply

to applications processed under this

NOFA. The statutorily-required three

month delay in the reissuance of

turnover rental vouchers and certificates

has had an adverse impact on the leaseup rate of HAs, which makes it unfair

to apply this threshold; and

Section E. Application Selection

Process, except section E.(2), Funding.

HUD intends to fund all approvable

applications for designated housing

allocation plans on a first-come, firstserved basis (not to exceed a maximum

of 200 rental vouchers or certificates for

any individual application).

Applications will be funded for the total

number of units requested by the PHA

and approved by the HUD Office (not to

exceed 200 units) in accordance with

the NOFA. However, when remaining

budget authority is insufficient to fund

the last selected PHA application in full,

HUD Headquarters will fund that

application to the extent of the funding

available unless the PHA’s application

indicates it will only accept a higher

number of units. In that event, the next

selected application shall be one which

has indicated a willingness to accept the

lesser amount of funding for units

available.

The $25 million made available by

this NOFA is one-year budget authority

which will support approximately 4,200

rental vouchers and certificates in

connection with approvable PHA

allocation plans. The funding under this

NOFA will be obligated only after the

$58.3 million of five-year budget

authority and the $20.3 million of twoyear budget authority provided under

NOFA FR–4085–N–01 are obligated.

The rental vouchers and certificates will

assist PHAs in providing sufficient

alternative resources to meet the

housing needs of those persons with

disabilities who would have been

housed by the PHA if occupancy in the

designated public housing project were

not restricted to elderly households and

assist PHAs that wish to continue to

designate their buildings as ‘‘mixed

elderly and disabled buildings’’ but can

demonstrate a need for alternative

resources for persons with disabilities

that is consistent with the jurisdiction’s

Consolidated Plan and the low-income

housing needs of the jurisdiction.

b. Certain Section 8 Projects. HUD

also will award $25 million in one-year

budget authority for approximately

4,200 rental vouchers and certificates to

HAs that submit an application

identifying the number of non-elderly

disabled families who are not receiving

housing assistance in certain Section 8
17674 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

project-based developments where the

owners have elected to establish

preferences for elderly families. HUD

intends to fund all approvable

applications for these funds on a firstcome, first-served basis.

c. Redistribution of Funds. In the

event that approvable applications are

received for more funding than the $25

million being made available in this

NOFA related to certain Section 8

projects, funds will be transferred from

the $25 million made available under

this NOFA for applications related to

allocation plans. In the event that

approvable applications are received for

more than the combined funding made

available under this NOFA and NOFA

FR–4085–N–01 for applications related

to allocation plans, funds will be

transferred from the $25 million being

made available in this NOFA related to

certain Section 8 projects.

d. Turnover. When a rental voucher or

rental certificate under this program

becomes available for reissue (e.g., the

individual or family initially selected

for the program drops out of the

program or is unsuccessful in the search

for a unit), the rental assistance may be

used only for another individual or

family eligible for assistance under this

program for five years, subject to

appropriations for renewal funding,

from the date the funding for the rental

assistance was added to the ACC.

(e) HA Responsibilities:

In addition to HA responsibilities

under the Section 8 programs and under

HUD regulations for nondiscrimination

based on disability (24 CFR 8.28) and to

affirmatively further fair housing, HAs

that receive rental voucher or certificate

funding must:

(i) Where requested by the individual,

assist program participants to gain

access to supportive services available

within the community but not require

eligible applicants or participants to

accept supportive services as a

condition of participation or continued

occupancy in the program;

(ii) Identify public and private

funding sources to assist participants in

covering the costs of modifications that

need to be made to their units needed

as a reasonable accommodation for their

disabilities;

(iii) Not deny persons who qualify for

rental assistance under this program

other housing opportunities, or

otherwise restrict access to HA

programs to eligible applicants who

choose not to participate; and

(iv) Provide assistance to increase

access by program participants to

housing units in a variety of

neighborhoods (including areas with

low poverty concentrations) and to

locate and obtain a unit suited to their

needs (Section 8 search assistance).

B. Background, Purpose and

Substantive Description for Rental

Vouchers and Certificates Pertinent to

Certain Section 8 Project-Based

Developments

(1) Background

HUD’s Fiscal Year 1997

Appropriations Act provided that

funding for Section 8 rental vouchers

and certificates would be made

available to nonelderly disabled families

affected by the establishment of

preferences in accordance with Section

651 of the Housing and Community

Development Act of 1992 (42 U.S.C.

13611). Section 651 of the 1992 Act

allowed owners of the following Section

8 developments (limited to only such

developments originally designed

primarily for occupancy by elderly

families) to provide preferences to

elderly families in selecting tenants for

available assisted units in those

projects:

(a) Section 8 New Construction

Program, 24 CFR Part 880;

(b) Section 8 Substantial

Rehabilitation Program, 24 CFR Part

881;

(c) State Housing Agencies Program

(insofar as involving new construction

and substantial rehabilitation), 24 CFR

Part 883;

(d) New Construction Set-Aside for

Section 515 Rural Rental Housing

Projects Program, 24 CFR Part 884; and

(e) Section 8 Housing Assistance

Program for the Disposition of HUDOwned Projects (insofar as involving

substantial rehabilitation), 24 CFR Part

886, subpart C.

(2) Purpose

The rental vouchers and certificates

that HAs may apply for under this

NOFA will assist these agencies in

providing sufficient alternative

resources to meet the housing needs of

those non-elderly disabled families who

would have been housed if the owners

of the Section 8 project-based

developments identified in paragraph

B.(1) above had not elected to provide

preferences to elderly families in

selecting tenants for vacancies in

assisted units in those developments.

(3) Limit on Rental Assistance

Requested

An HA may apply only for the

number of units needed to house those

non-elderly disabled families who are

on the waiting list of an owner of a

Section 8 project-based development,

identified in paragraph B.(1) above

where the owner elected to provide

preferences to elderly families and to

house other non-elderly disabled

families residing in the community who

would qualify for one- or zero-bedroom

units.

(4) Guidelines

(a) Definitions

Elderly Family. A Family whose head

of household, spouse, or sole member is

62 years or older.

Non-elderly Disabled Family. A

family who is not elderly, and whose

head, spouse, or sole member is a

person with disabilities. The term ‘‘nonelderly disabled family’’ may include

two or more such persons with

disabilities living together, and one or

more such persons with disabilities

living with one or more persons who are

determined to be essential to the care

and well-being of the person or persons

with disabilities.

Person with Disabilities. A person

who:

(a) Has a disability as defined in

Section 223 of the Social Security Act

(42 U.S.C. 423), or

(b) Is determined to have a physical,

mental or emotional impairment that:

(i) Is expected to be of long-continued

and indefinite duration;

(ii) Substantially impedes his or her

ability to live independently; and

(iii) Is of such a nature that such

ability could be improved by more

suitable housing conditions, or

(c) Has a developmental disability as

defined in section 102 of the

Developmental Disabilities Assistance

and Bill of Rights Act (42 U.S.C.

6001(5)).

The term ‘‘person with disabilities’’

does not exclude persons who have the

disease of acquired immunodeficiency

syndrome (AIDS) or any conditions

arising from the etiologic agent for

acquired immunodeficiency syndrome

(HIV).

(b) Eligible HAs

HAs that submit an application for

Section 8 rental vouchers or certificates

reflective of the need for housing by

non-elderly disabled families (in

connection with the establishment of

preferences by owners for the admission

of elderly families to certain Section 8

project-based developments), and also

administer a Section 8 rental certificate

and/or rental voucher program.

Some HAs currently administering

the Section 8 rental certificate and

voucher programs have, at the time of

publication of this NOFA, major

program management findings that are

open and unresolved or other significant
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17675

program compliance problems (e.g., HA

has not implemented mandatory FSS

Program). HUD will not accept

applications for funding from these HAs

as contract administrators if, on the

application deadline, the findings are

not closed to HUD’s satisfaction. If these

HAs want to apply under this NOFA,

the HA must submit an application that

designates another housing agency, nonprofit agency, or contractor that is

acceptable to HUD and includes an

agreement with the other housing

agency or contractor to administer the

new funding increment on behalf of the

HA. The Office of Public Housing, for

PHAs, and the Office of Native

American Programs, for IHAs, in the

local HUD Office will notify

immediately after publication of this

NOFA, those PHAs and IHAs that are

not eligible to apply. Applications

submitted by these HAs without an

agreement from another housing agency

or contractor, approved by HUD, to

serve as contract administrator will be

rejected.

(c) Eligible Participants

Eligible participants include nonelderly disabled families who were on

the waiting list (at the time of

application) of a covered development

listed in paragraph B.(1), where the

owner had exercised a preference for the

admission of elderly families when the

HA received the names of these families

from the management of this

development(s) for purposes of

requesting either Section 8 rental

certificates or vouchers in response to

this NOFA. These non-elderly disabled

families need not be listed on the HA’s

Section 8 waiting list in order to be

offered and receive Section 8 rental

assistance; i.e., it is sufficient that their

names are on the waiting list for a

covered Section 8 development at the

time their names are provided to the HA

by the owner. Eligible participants also

include other non-elderly disabled

families residing in the community who

would qualify for a one- or zerobedroom unit.

(d) Rental Voucher and Certificate

Assistance

(i) Section 8 regulations. HAs must

administer the Section 8 assistance in

accordance with HUD regulations

governing the Section 8 rental voucher

and certificate programs.

(ii) Section 8 admission requirements.

Section 8 assistance must be provided to

eligible applicants in conformity with

applicable rules governing the Section 8

program, and in accordance with the

HA’s administrative plan.

(e) Turnover

When a rental voucher or rental

certificate issued in support of the

program becomes available for reissue

(e.g., the individual or family initially

selected for the program drops out of the

program or is unsuccessful in the search

for a unit), the rental assistance may be

used only for another individual or

family eligible for assistance in support

of the program for five years, subject to

appropriations for renewal funding,

from the date the funding for the rental

assistance was added to the ACC.

(f) HA Responsibilities

In addition to HA responsibilities

under the Section 8 programs and under

HUD regulations for nondiscrimination

based on disability (24 CFR 8.28) and to

affirmatively further fair housing, HAs

that receive rental voucher or certificate

funding must:

(i) Where requested by the individual,

assist program participants to gain

access to supportive services available

within the community but not require

eligible applicants or participants to

accept supportive services as a

condition of participation or continued

occupancy in the program;

(ii) Identify public and private

funding sources to assist participants in

covering the costs of modifications that

need to be made to their units needed

as a reasonable accommodation for their

disabilities;

(iii) Not deny persons who qualify for

rental assistance under this program

other housing opportunities, or

otherwise restrict access to HA

programs to eligible applicants who

choose not to participate; and

(iv) Provide assistance to increase

access by program participants to

housing units in a variety of

neighborhoods (including areas with

low poverty concentrations) and to

locate and obtain a unit suited to their

needs (Section 8 search assistance).

C. Allocation Amount for Rental

Vouchers and Certificates Pertinent to

Certain Section 8 Project-Based

Developments

This NOFA announces the availability

of up to $25 million (approximately) of

one-year budget authority that will

support about 4,200 Section 8 rental

vouchers or certificates. HAs are

provided with the opportunity to apply

for rental vouchers or certificates in

conjunction with the submission of an

application to provide rental assistance

to non-elderly disabled families from

the waiting list of certain Section 8

project-based developments (see

paragraph B.(1)) where the

developments were originally designed

primarily for the occupancy of elderly

families, and where the owners elected

to provide preferences to elderly

families in selecting tenants for

available assisted units in the

developments and to house other nonelderly disabled families residing in the

community who would qualify for oneor zero-bedroom units.

D. Application Submission

Requirements for Rental Vouchers and

Certificates Pertinent to Certain Section

8 Project-Based Developments

(1) Form HUD–52515

All HAs must complete form HUD–

52515, Funding Application, for the

Section 8 rental certificate and rental

voucher programs (dated January 1996).

This form includes all necessary

certifications for Fair Housing, Drug

Free Workplace, and Lobbying

Activities; therefore, HAs can complete

and sign the new form HUD–52515 to

meet the requirements of these

certifications. An application must

include the information in Section C,

Average Monthly Adjusted Income, of

form HUD–52515 in order for HUD to

calculate the amount of Section 8

budget authority necessary to fund the

requested number of units. Copies of

form HUD–52515 may be obtained from

the local HUD Office or may be

downloaded from the HUD Home Page

on the Internet’s world wide web (http:/

/www.hud.gov).

(2) Local Government Comments

Section 213 of the Housing and

Community Development Act of 1974

(42 U.S.C. 1439) requires that HUD

independently determine that there is a

need for the housing assistance

requested in applications and solicit

and consider comments relevant to this

determination from the chief executive

officer of the unit of general local

government. The HUD Office will obtain

section 213 comments from the unit of

general local government in accordance

with 24 CFR part 791, subpart C,

Applications for Housing Assistance in

Areas Without Housing Assistance

Plans. Comments submitted by the unit

of general local government must be

considered before an application can be

approved.

For purposes of expediting the

application process, the HA needs to

encourage the chief executive officer of

the unit of general local government to

submit a letter with the application

commenting on the HA’s application in

accordance with section 213. Because

HUD cannot approve an application

until the 30-day comment period is
17676 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

closed, the section 213 letter should not

only comment on the application, but

also state that HUD may consider the

letter to be the final comments and that

no additional comments will be

forthcoming from the unit of general

local government.

(3) Letter of Intent and Narrative

All the items in this section must be

included in the application submitted to

the HUD Office. The HA must state in

its cover letter to the application

whether it will accept a reduction in the

number of rental certificates or rental

vouchers and the minimum number of

rental certificates or rental vouchers it

will accept, since the funding is limited

and HUD may only have enough funds

to approve a smaller amount than the

number of rental certificates or rental

vouchers requested.

(4) Certification, Waiting List

Information and Other Non-Elderly

Disabled Families Residing in the

Community

In order to support the requested

number of rental vouchers or certificates

being requested on the form HUD–

52515, the HA’s application must

include a certification statement from

the owner of a covered development(s)

(see paragraph B.(1)), that the

development is a covered development,

it was developed primarily for

occupancy by the elderly, the owner has

established preferences for the

admission of elderly families and

indicating the number of non-elderly

disabled families on the Owner’s

waiting list for the development(s). HAs

may contact the local HUD State or Area

Office’s Director, Multifamily Division,

to get the addresses and telephone

numbers of the developments falling

under the programs listed in paragraph

B.(1). The HA will then need to contact

the management/owners of these

developments within their jurisdiction

to determine, in each case, if the

development was originally designed

primarily for occupancy by elderly

families and if the owner has

established a preference for the

admission of elderly families in

accordance with the applicable program

regulation.

Owners of covered developments are

encouraged to cooperate with HAs in a

timely manner in making these

determinations and (if applicable) in

providing the certification that their

development is a covered development

(for example: a development under the

Section 8 New Construction Program),

and that it was developed primarily for

occupancy by the elderly, and that the

owner has established preferences for

the admission of elderly families. The

owner will also concurrently provide

the HA with names, addresses and

telephone numbers of those families on

the development’s waiting list that are

non-elderly disabled families.

HAs must also submit information

supportive of the number of other nonelderly disabled families residing in the

community who would qualify for onebedroom or zero-bedroom units (not on

the waiting lists of covered

developments).

E. Corrections to Deficient Applications

for Section 8 Rental Vouchers and

Certificates Pertinent to Certain Section

8 Project-Based Developments

(1) Acceptable Applications

The local HUD Office will initially

screen all applications and notify HAs

of deficiencies by letter within 7

calendar days. If an application has

deficiencies, the HA will have 14

calendar days from the date of the

issuance of the HUD notification letter

to submit the missing or corrected

information to the HUD Office before

the application can be considered for

further processing by HUD. All HAs

must submit corrections within 14

calendar days from the date of the HUD

Office letter notifying the applicant of

any such deficiency. Information

received after 3 p.m. local time (i.e., the

time in the appropriate HUD Office), of

the 14th calendar day of the correction

period will not be accepted and the

application will be rejected as

incomplete.

(2) Unacceptable Applications

(a) After the 14-calendar day

deficiency correction period, the HUD

Office will immediately notify any HA

that submitted an application that the

local HUD Office determines is not

acceptable for processing. The HUD

Office notification of rejection letter to

the HA must state the basis for the

decision.

(b) Applications for Section 8 rental

assistance that fall into any of the

following categories will not be

processed:

(i) There is a pending civil rights suit

against the HA instituted by the

Department of Justice or there is a

pending administrative action for civil

rights violations instituted by HUD

(including a charge of discrimination

under the Fair Housing Act).

(ii) There has been an adjudication of

a civil rights violation in a civil action

brought against the HA by a private

individual, unless the HA is operating

in compliance with a court order or

implementing a HUD-approved resident

selection and assignment plan or

compliance agreement designed to

correct the areas of noncompliance.

(iii) There are outstanding findings of

noncompliance with civil rights

statutes, Executive Orders, or

regulations, as a result of formal

administrative proceedings, or the

Secretary has issued a charge against the

applicant under the Fair Housing Act,

unless the applicant is operating under

a conciliation or compliance agreement

designed to correct the areas of

noncompliance.

(iv) HUD has denied application

processing under Title VI of the Civil

Rights Act of 1964, the Attorney

General’s Guidelines (28 CFR 50.3), and

the HUD Title VI regulations (24 CFR

1.8) and procedures (HUD Handbook

8040.1), or under section 504 of the

Rehabilitation Act of 1973 and HUD

regulations (24 CFR 8.57).

(v) The HA has serious unaddressed,

outstanding Inspector General audit

findings, Fair Housing and Equal

Opportunity monitoring and

compliance review findings, or HUD

management review findings for its

rental voucher or rental certificate

programs. HA has serious

underutilization of rental vouchers or

certificates not attributable to the three

month statutory delay for the reissuance

of rental vouchers and certificates. The

only exception to this category is if the

HA has been identified under the policy

established in section B.(4)(b) of this

NOFA and the HA makes application

with a designated contract

administrator.

(vi) The HA is involved in litigation

and HUD determines that the litigation

may seriously impede the ability of the

HA to administer an additional

increment of rental vouchers or rental

certificates.

(vii) An HA application that does not

comply with the requirements of 24 CFR

982.102 and this NOFA, after the

expiration of the 14-calendar day

technical deficiency correction period

will be rejected from processing.

F. Application Selection Process for

Section 8 Rental Vouchers and

Certificates Pertinent to Certain Section

8 Project-Based Developments

(1) HUD Office Review

Upon receipt, the Office of Public

Housing in the HUD Office will screen

HA applications and stop processing

any applications found unacceptable for

further processing, as per paragraph

E.(2) above.

If the HUD Office determines that the

application is approvable, it will notify

HUD Headquarters, Attention: Gerald
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17677

Benoit, Director, Operations Division,

Room 4220, 451 Seventh St., S.W.,

Washington, D.C. 20410, that it is

recommending that the application be

funded. Headquarters shall be notified

by the HUD Office within 30 days of the

date of its receipt of the HA’s

application in response to this NOFA.

(2) Funding

Headquarters will fund, on a firstcome, first-served basis, all applications

determined approvable by HUD

Headquarters and for which the Section

8 application is recommended for

approval by the HUD Office. The ‘‘firstcome’’ status of each HA’s application

shall be based on the date and time the

application (concurrently submitted to

HUD Headquarters and the local HUD

Office—see paragraph b, Certain Section

8 Projects, under the paragraph entitled

Addresses) is received in HUD

Headquarters. As HAs are selected, the

cost of funding the applications will be

subtracted from the funds available.

Any remaining funds will be added to

those funds for use in funding

applications related to designated

housing allocation plans.

When remaining budget authority is

insufficient to fund the last selected HA

application in full, HUD Headquarters

will fund that application to the extent

of the funding available, unless the HA’s

application indicates it will only accept

a higher number of units. In that event,

the next selected application shall be

one which has indicated a willingness

to accept the lesser amount of funding

for units available.

(3) Program Type

If an HA’s application specifically

requests funding for either rental

vouchers or rental certificates, and

funding for the specified program is not

available, HUD will award the available

form of assistance, notwithstanding the

program type specified in the HA

application.

G. Other Matters

Catalog of Federal Domestic Assistance

The Federal Domestic Assistance

numbers for this program are: 14.855

and 14.857.

Environmental Impact

This NOFA provides funding under,

and does not alter environmental

requirements of, 24 CFR part 982. This

NOFA provides funding only for the

tenant-based assistance, which is a

categorical exclusion not subject to the

individual environmental clearance

requirements cited in 24 CFR 50.4. The

regulations referred to above, therefore,

do not contain environmental review

requirements. Accordingly, under 24

CFR 50.19(c)(5), this NOFA is

categorically excluded from

environmental review requirements

under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321).

Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that the policies contained

in this notice will not have substantial

direct effect on States or their political

subdivisions, or the relationship

between the Federal Government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. As a

result, the notice is not subject to review

under the Order. This notice is a

funding notice and does not

substantially alter the established roles

of the Department, the States, and local

governments, including HAs.

Impact on the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this notice does not

have potential for significant impact on

family formation, maintenance, and

general well-being within the meaning

of the Executive Order and, thus, is not

subject to review under the Order. This

is a funding notice and does not alter

program requirements concerning

family eligibility.

Accountability in the Provision of HUD

Assistance

Section 102 of the Department of

Housing and Urban Development

Reform Act of 1989 (HUD Reform Act)

and the final rule codified at 24 CFR

part 4, subpart A, published on April 1,

1996 (61 FR 1448), contain a number of

provisions that are designed to ensure

greater accountability and integrity in

the provision of certain types of

assistance administered by HUD. On

January 14, 1992, HUD published, at 57

FR 1942, a notice that also provides

information on the implementation of

section 102. The documentation, public

access, and disclosure requirements of

section 102 are applicable to assistance

awarded under this NOFA as follows:

a. Documentation and public access

requirements. HUD will ensure that

documentation and other information

regarding each application submitted

pursuant to this NOFA are sufficient to

indicate the basis upon which

assistance was provided or denied. This

material, including any letters of

support, will be made available for

public inspection for a five-year period

beginning not less than 30 days after the

award of the assistance. Material will be

made available in accordance with the

Freedom of Information Act (5 U.S.C.

552) and HUD’s implementing

regulations at 24 CFR part 15. In

addition, HUD will include the

recipients of assistance pursuant to this

NOFA in its Federal Register notice of

all recipients of HUD assistance

awarded on a competitive basis.

b. Disclosures. HUD will make

available to the public for five years all

applicant disclosure reports (HUD Form

2880) submitted in connection with this

NOFA. Update reports (also Form 2880)

will be made available along with the

applicant disclosure reports, but in no

case for a period less than three years.

All reports—both applicant disclosures

and updates—will be made available in

accordance with the Freedom of

Information Act (5 U.S.C. 552) and

HUD’s implementing regulations at 24

CFR part 15.

Section 103 HUD Reform Act. Section

103 of the Department of Housing and

Urban Development Reform Act of 1989,

and HUD’s implementing regulation

codified at subpart B of 24 CFR part 4,

applies to the funding competition

announced today. These requirements

continue to apply until the

announcement of the selection of

successful applicants. HUD employees

involved in the review of applications

and in the making of funding decisions

are limited by section 103 from

providing advance information to any

person (other than an authorized

employee of HUD) concerning funding

decisions, or from otherwise giving any

applicant an unfair competitive

advantage. Persons who apply for

assistance in this competition should

confine their inquiries to the subject

areas permitted under section 103 and

subpart B of 24 CFR part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Office of Ethics (202) 708–

3815. (This is not a toll-free number.)

For HUD employees who have specific

program questions, such as whether

particular subject matter can be

discussed with persons outside HUD,

the employee should contact the

appropriate Field Office Counsel, or

Headquarters counsel for the program to

which the question pertains.

Prohibition Against Lobbying

Activities. Applicants for funding under

this NOFA are subject to the provisions

of Section 319 of the Department of

Interior and Related Agencies

Appropriation Act for Fiscal Year 1991,

31 U.S.C. Section 1352 (the Byrd

Amendment) and to the provisions of

the Lobbying Disclosure Act of 1995,
17678 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

Public Law 104–65 (December 19,

1995).

The Byrd Amendment, which is

implemented in regulations at 24 CFR

Part 87, prohibits applicants for Federal

contracts and grants from using

appropriated funds to attempt to

influence Federal Executive or

legislative officers or employees in

connection with obtaining such

assistance, or with its extension,

continuation, renewal, amendment or

modification. The Byrd Amendment

applies to the funds that are the subject

of this NOFA. Therefore, applicants

must file a certification stating that they

have not made and will not make any

prohibited payments and, if any

payments or agreement to make

payments of nonappropriated funds for

these purposes have been made, a form

SF–LLL disclosing such payments must

be submitted. The certification and the

SF–LLL are included in the application

package.

The Lobbying Disclosure Act of 1995,

Public Law 104–65 (December 19,

1995), which repealed Section 112 of

the HUD Reform Act and resulted in the

elimination of the regulations at 24 CFR

Part 86, requires all persons and entities

who lobby covered Executive or

Legislative Branch officials to register

with the Secretary of the Senate and the

Clerk of the House of Representatives

and file reports concerning their

lobbying activities.

IHAs established by an Indian tribe as

a result of the exercise of the tribe’s

sovereign power are excluded from

coverage of the Byrd Amendment, but

IHAs established under State law are

not excluded from the statute’s

coverage.

Dated: April 7, 1997.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 97–9334 Filed 4–9–97; 8:45 am]

BILLING CODE 4210–33–P