23050 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4359–N–01]

Section 8 Tenant-Based Assistance for

Persons With Disabilities, Fiscal Year

1998

AGENCY: Office of Public and Indian

Housing, HUD.

ACTION: Notice of funding availability

(NOFA).

SUMMARY: This NOFA announces the

availability of budget authority for

approximately 8700 Section 8 rental

vouchers and certificates for persons

with disabilities. HUD is issuing this

NOFA, along with its SuperNOFA for

Targeted Housing and Homeless

Assistance Programs (published

elsewhere in today’s Federal Register),

in order to encourage local efforts

toward comprehensive planning and

development of comprehensive local

solutions.

This NOFA announces the availability

of approximately $48.5 million in 5-year

budget authority under the Mainstream

Program for Section 8 rental vouchers

and certificates for persons with

disabilities. This funding will support

approximately 1,700 rental vouchers or

certificates to enable persons with

disabilities (elderly and non-elderly) to

rent affordable private housing. Public

Housing Agencies (PHAs) are invited to

respond to this NOFA.

This NOFA also announces the

availability in FY 1998 of approximately

$20 million in one-year budget authority

for approximately 3,500 Section 8 rental

vouchers and certificates for non-elderly

families with disabilities in support of

designated housing allocation plans,

and approximately $20 million in oneyear budget authority for approximately

3,500 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, and

certain types of section 202, section

221(d)(3), and section 236 developments

where the owners are restricting

occupancy in the development (or

portion thereof) to elderly families. PHA

applications for funding related to

designated housing allocation plans,

and PHA applications for funding

related to non-elderly disabled families

currently on the waiting lists or

otherwise in the community of certain

Section 8 project-based developments

and certain types of section 202, section

221(d)(3) and section 236 developments

will be approved for funding on a firstcome, first-served basis.

Approximately $39 million ($25

million for designated housing

allocation plans and $14 million related

to certain types of Section 8 projectbased developments) of the $50 million

in funding announced as available to

PHAs under NOFA FR–4207, published

in the Federal Register on April 10,

1997 (62 FR 17672), remains

unobligated. These remaining funds, for

which there was no application

deadline, may be sufficient to fund all

applications received during FY 1998

without having to use the FY 1998

appropriations provided for similar

purposes. Funding announced in NOFA

FR–4207 must be obligated before any

new amounts are provided for

applications related to designated

housing allocation plans or certain types

of Section 8 project-based

developments. HUD’s FY 1998

Appropriations Act expanded the use of

any FY 1997 funding remaining

unobligated under NOFA FR–4207, as

well as allowed for the use of FY 1998

appropriations, to fund applications

received for Section 8 rental vouchers

and certificates in connection with nonelderly disabled families affected by the

restriction in certain types of section

202, section 221(d)(3), and section 236

developments to elderly families. Any

portion of the current balance of $39

million in FY 1997 appropriations, or

$40 million in FY 1998 appropriations

related to designated housing allocation

plans, certain types of Section 8 projectbased developments, or certain types of

section 202, section 221(d)(3), or section

236 developments remaining

unobligated will be added to the

approximately $48.5 million available

under this NOFA, but for use only for

non-elderly disabled families under the

Mainstream Program. The authority to

use any remaining funds for additional

Section 8 rental vouchers and

certificates under the Mainstream

Program is found in HUD’s 1998

Appropriations Act, which states that to

the extent the Secretary determines that

the FY 1997 and 1998 appropriations

related to designated housing allocation

plans, certain types of Section 8 projectbased developments, and certain types

of section 202, section 221(d)(3), or

section 236 developments is not needed

to fund applications, the funds may be

used for other non-elderly disabled

families. Consequently, PHAs should

take this into consideration when

deciding whether to apply for

Mainstream Program funding, as the

potential availability of such remaining

funds in FY 1998 would support

approval of more than 10,000 additional

Section 8 rental vouchers and

certificates. Unlike in FY 1997, the

potential exists in FY 1998 to fund a far

greater number of Mainstream Program

applications from PHAs.

With the exception of the

ADDRESSES AND APPLICATION

SUBMISSION PROCEDURES section of

this NOFA, and section I.(A) of this

NOFA, which cites the authority under

which funding is being made available,

the remainder of this NOFA applies

only to the Mainstream Program.

Application Due Dates

(A) Delivered Applications

The application deadline for

delivered applications for the

Mainstream Program is July 7, 1998,

6:00 p.m. local HUD Field Office HUB

or local HUD Field Office Program

Center time.

The above-stated application deadline

is firm as to date and hour. In the

interest of fairness to all competing

public housing agencies, HUD will treat

as ineligible for consideration any

application that is not received before

the application deadline. Applicants

should submit their materials as early as

possible to avoid any risk of loss of

eligibility because of unanticipated

delays or other delivery-related

problems. HUD will not accept, at any

time during the NOFA competition,

application materials sent by facsimile

(FAX) transmission.

(B) Mailed Applications

Applications for the Mainstream

Program will be considered timely filed

if postmarked before midnight on the

application due date and received by

the local HUD Field Office HUB or local

HUD Field Office Program Center

within ten (10) days of that date.

(C) Applications Sent by Overnight

Delivery

Overnight delivery items will be

considered timely filed for the

Mainstream Program if received before

or on the application due date, or upon

submission of documentary evidence

that they were placed in transit with the

overnight delivery service by no later

than the specified application due date.

Address and Application Submission

Procedures

Headquarters Submission

The original and a copy of

applications for each of the three

programs covered by this NOFA: (1)

Section 8 rental voucher and certificate

funding for the Mainstream Program, (2)

non-elderly disabled families in support
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23051

of designated housing allocation plans,

and (3) non-elderly disabled families in

connection with certain Section 8

project-based developments and certain

types of section 202, section 221(d)(3)

and section 236 developments should

be submitted to the local HUD Field

Office HUB, Attention: Director, Office

of Public Housing; or to the local HUD

Field Office Program Center, Attention:

Program Center Coordinator. A copy of

an application submitted in connection

with a designated housing allocation

plan should also be submitted

concurrently to HUD Headquarters,

Office of Customer Service and

Amenities, Room 4206, 451 Seventh

Street, SW., Washington, DC 20410. The

local HUD Field Office HUB or local

HUD Field Office Program Center is the

official place of receipt for all

applications submitted in response to

this NOFA. For ease of reference, the

term ‘‘local HUD Field Office’’ will be

used throughout this NOFA to mean the

local HUD Field Office HUB and local

HUD Program Center.

PHAs submitting an application for

either of the $20 million increments of

funding (related to either allocation

plans, or certain types of Section 8

project-based developments and certain

types of section 202, section 221(d)(3)

and section 236 developments) available

under this FY 1998 NOFA should note

that, other than the address for

submission of applications specified in

NOFA FR–4207, they are to otherwise

follow the application procedures and

requirements set forth in NOFA FR–

4207 published on April 10, 1997, and

NOFA FR–4085 published on October

30, 1996, in the Federal Register. PHAs

submitting an application related to

funding available for non-elderly

disabled families in connection with

certain types of Section 8 project-based

developments should also see the

correction to NOFA FR–4207 dated

April 17, 1997, in the Federal Register.

The 200-unit limitation on the number

of Section 8 rental certificates or

vouchers that any PHA may request that

was addressed by the correction shall

also be the same unit limitation for

applications submitted in response to

this FY 1998 NOFA in connection with

the funding related to certain types of

section 202, section 221(d)(3), and

section 236 developments. Section I.(A)

in this FY 1998 NOFA further describes

and defines these developments.

The FY 1997 publications are

included in the application kits

available under this NOFA for these

programs.

For Application Kits, Further

Information and Technical Assistance:

For Application Kits. HUD will be

pleased to provide you with application

kits for purposes of submitting an

application in connection with funding

for either designated housing allocation

plans, or with regard to certain types of

Section 8 project-based developments or

certain types of section 202, section

221(d)(3), and section 236

developments. An application kit is not

necessary for submitting an application

for Mainstream Program funding. When

requesting an application kit, please

refer to the program name of the

application kit you are interested in

receiving. Please be sure to provide your

name, address (including zip code), and

telephone number (including area code).

Requests for application kits should

be made immediately to ensure

sufficient time for application

preparation. HUD will distribute

application kits as soon as they become

available.

The SuperNOFA Information Center

(1–800–HUD–8929) can provide you

with assistance, application kits, and

guidance in determining which local

HUD Field Office should receive a copy

of your application.

For Further Information. For answers

to your questions, you have several

options. You may contact the local HUD

Field Office.You may also contact

George C. Hendrickson, Housing

Program Specialist, Office of Public and

Assisted Housing Delivery, Department

of Housing and Urban Development,

451 Seventh Street, SW, Washington,

DC 20410–8000; telephone (202) 708–

0477. (The number listed above is not a

toll-free number). Persons with hearing

or speech impairments may access this

number via TTY (text telephone) by

calling the Federal Information Relay

Service at 1–800–877–8339 (this is a

toll-free number).

For Technical Assistance. Prior to the

application due date, HUD staff will be

available to provide general guidance

and technical assistance about this

NOFA. Current law does not permit

HUD staff to assist in preparing the

application. Following selection, but

prior to award, HUD staff will be

available to assist in clarifying or

confirming information that is a

prerequisite to the offer of an award by

HUD.

Additional Information

I. Authority, Purpose, Amount

Allocated, and Eligibility

(A) Authority

Authority for the approximately $48.5

million in 5-year budget authority

available for the Mainstream Program

under this NOFA (general use rental

assistance for persons with disabilities)

is found in the Departments of Veterans

Affairs and Housing and Urban

Development, and Independent

Agencies Appropriations Act, 1998

(Pub. L. No. 105–65; approved October

27, 1997) (1998 Appropriations Act),

which states that the Secretary may

designate up to 25 percent of the

amounts earmarked for Section 811 of

the National Affordable Housing Act of

1990 (42 U.S.C. 8013) for tenant-based

assistance, as authorized under that

section.

HUD’s 1998 Appropriations Act also

authorizes the use of approximately $40

million in one-year budget authority for

Section 8 rental vouchers and

certificates for non-elderly disabled

families in support of designated

housing allocation plans, for nonelderly 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, and for

non-elderly disabled families not being

housed in certain section 202, section

221(d)(3) and section 236 developments

(or portions thereof) where the owners

have restricted occupancy to elderly

families. HUD’s 1998 Appropriations

Act added this third category of eligible

families (non-elderly disabled families

affected by occupancy restrictions

established in accordance with section

658 of the Housing and Community

Development Act of 1992 (the 1992

Act)). Section 658 of the 1992 Act

provides that an owner of a Federally

assisted project (or portion of a project)

as described in subparagraphs (D), (E),

and (F) of section 683(2), that was

designed for occupancy for elderly

families may continue to restrict

occupancy in such project (or portion)

to elderly families in accordance with

the rules, standards, and agreements

governing occupancy in such housing in

effect at the time of the development of

the housing. The three types of housing

listed under the relevant subsections

are: housing that is assisted under

section 202 of the Housing Act of 1959,

as such section existed before the

enactment of the National Affordable

Housing Act (NAHA); housing financed

by a loan or mortgage insured under

section 221(d)(3) of the National

Housing Act that bears an interest rate

determined under section 221(d)(5); and

housing insured, assisted or held by the

Secretary or a State or State Agency

under section 236 of the National

Housing Act.

The 1998 Appropriations Act states

that to the extent the Secretary

determines that the FY 1997 and FY

1998 appropriations related to
23052 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

designated housing allocation plans and

certain types of Section 8 project-based

developments and certain types of

section 202, section 221(d)(3) and

section 236 developments are not

needed to fund applications, the funds

may be used for other non-elderly

disabled families. Any such remaining

funds will be used to supplement

funding for the Mainstream Program. As

a result, approximately $79 million may

be available in additional funding in FY

1998 for the Mainstream Program.

(B) Purpose

The Secretary has established a

Mainstream Housing Opportunities for

Persons with Disabilities Program

(Mainstream Program) to provide rental

vouchers or certificates to enable

persons with disabilities to rent

affordable private housing of their

choice.

The Mainstream Program will assist

PHAs in providing Section 8 rental

vouchers and certificates to a segment of

the population recognized by HUD’s

housing research as having one of the

worst case housing needs of any group

in the United States; i.e., very lowincome households with adults with

disabilities. In addition, the Mainstream

Program will assist persons with

disabilities who often face difficulties in

locating suitable and accessible housing

on the private market.

(C) Amount Allocated

HUD will award funding for rental

vouchers or certificates under the

Mainstream Program to PHAs that

submit an application for rental

assistance for persons with disabilities.

HUD will make available approximately

$48.5 million for approximately 1,700

Section 8 rental vouchers and

certificates for PHAs to increase the

supply of mainstream housing

opportunities available to persons with

disabilities. HUD will supplement the

Mainstream Program funding with

additional funding to the extent funding

is not needed during FY 1998 to fund

applications in support of designated

housing allocation plans, or

applications related to non-elderly

disabled families on the waiting lists of

certain types of Section 8 project-based

developments where the owner has

established a preference for the

admission of elderly families. HUD will

select PHA applications for funding by

lottery in the event approvable

applications are received for more

funding than is available under this

NOFA.

There is a limit on the amount of

rental assistance that may be requested.

An eligible PHA may apply for one of

the following: (1) up to 100 rental

vouchers, (2) up to 100 rental

certificates, or (3) a combination of

rental vouchers and certificates not to

exceed 100. A State or Regional

(multicounty) PHA may apply for up to

200 rental vouchers or certificates

(either all rental vouchers, all rental

certificates, or a combination of the two

not to exceed 200).

(D) Eligible Applicants

A PHA established pursuant to State

law may apply for funding under this

NOFA. Indian Housing Authorities are

no longer eligible for new increments of

Section 8 funding. A regional

(multicounty) or State PHA is eligible to

apply for funding.

Some PHAs currently administering

the Section 8 rental voucher and

certificate programs have, at the time of

publication of this NOFA, major

program management findings that are

open and unresolved or other significant

program compliance problems (e.g.,

PHA has not implemented mandatory

Family Self-Sufficiency (FSS) Program).

HUD will not accept applications for

additional funding from these PHAs as

contract administrators if, on the

application due date, the findings are

not closed to HUD’s satisfaction. If the

PHA wants to apply for funding under

this NOFA, the PHA must submit an

application that designates another

housing agency, nonprofit agency, or

contractor, that is acceptable to HUD.

The PHA’s application must include an

agreement by the other housing agency,

nonprofit agency, or contractor to

administer the new funding increment

on behalf of the PHA, and a statement

that outlines the steps the PHA is taking

to resolve the program findings.

Immediately after the publication of this

NOFA, the Office of Public Housing in

the local HUD Field Office will notify,

in writing, those PHAs that are not

eligible to apply without such an

agreement. The PHA may appeal the

decision, if HUD has mistakenly

classified the PHA as having

outstanding management or compliance

problems. Any appeal must be

accompanied by conclusive evidence of

HUD’s error and must be received prior

to the application deadline. HUD will

reject applications submitted by these

PHAs without an agreement from

another housing agency, nonprofit

agency, or contractor, approved by

HUD, to administer the new funding

increment on behalf of the PHA.

(E) Eligible Participants

Only a disabled family may receive a

rental voucher or certificate awarded

under the Mainstream Program.

Applicants with disabilities will be

selected from the PHA’s Section 8

waiting list.

II. Program Requirements and

Definitions.

(A) Program Requirements

(1) Compliance With Fair Housing

and Civil Rights Laws. All applicants

must comply with all fair housing and

civil rights laws, statutes, regulations,

and executive orders as enumerated in

24 CFR 5.105(a). If an applicant: (a) has

been charged with a violation of the Fair

Housing Act by the Secretary; (b) is the

defendant in a Fair Housing Act lawsuit

filed by the Department of Justice; or (c)

has received a letter of noncompliance

findings under Title VI of the Civil

Rights Act, section 504 of the

Rehabilitation Act, or section 109 of the

Housing and Community Development

Act, the applicant is not eligible to

apply for funding under this NOFA

until the applicant resolves such charge,

lawsuit, or letter of findings to HUD’s

satisfaction.

(2) Additional Nondiscrimination

Requirements. Applicants must comply

with the Americans with Disabilities

Act, and Title IX of the Education

Amendments Act of 1972. In addition to

compliance with the civil rights

requirements listed at 24 CFR 5.105,

each successful applicant must comply

with the nondiscrimination in

employment requirements of Title VII of

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

2000e et seq.), the Equal Pay Act (29

U.S.C. 206(d)), the Age Discrimination

in Employment Act of 1967 (29 U.S.C.

621 et seq.), and Titles I and V of the

Americans with Disabilities Act (42

U.S.C. 12101 et seq.).

(3) Affirmatively Furthering Fair

Housing. Each successful applicant will

have a duty to affirmatively further fair

housing. Applicants will be required to

identify the specific steps that they will

take to: (a) address the elimination of

impediments to fair housing that were

identified in the jurisdiction’s Analysis

of Impediments (AI) to Fair Housing

Choice; (b) remedy discrimination in

housing; or (c) promote fair housing

rights and fair housing choice. Further,

applicants have a duty to carry out the

specific activities cited in their

responses to the rating factors that

address affirmatively furthering fair

housing in this NOFA.

(4) Certifications and Assurances.

Each applicant is required to submit

signed copies of Assurances and

Certifications. The standard Assurances

and Certifications are on Form HUD–

52515, Funding Application, which

includes the Equal Opportunity
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23053

Certification, Certification Regarding

Lobbying, and Certification Regarding

Drug-Free Workplace Requirements.

(5) Family Self-Sufficiency (FSS)

Program Requirement. Unless

specifically exempted by HUD, all rental

vouchers and certificates provided

under this NOFA will be used to

establish or contribute to the minimum

size of the PHA’s FSS program.

(6) Rental Voucher and Certificate

Assistance Requirements.

(a) Section 8 regulations. PHAs must

administer the Mainstream Program in

accordance with HUD regulations and

requirements governing the Section 8

rental voucher and certificate programs.

(b) Section 8 admission requirements.

Section 8 assistance must be provided to

eligible applicants in conformity with

regulations and requirements governing

the Section 8 program and the PHA’s

administrative plan.

If there is ever an insufficient pool of

disabled families on the PHA Section 8

waiting list, the PHA shall conduct

outreach to encourage eligible persons

to apply for this special allocation of

rental vouchers and certificates.

Outreach may include contacting

independent living centers, advocacy

organizations for persons with

disabilities, and medical, mental health,

and social service providers for referrals

of persons receiving such services who

would benefit from Section 8 assistance.

If the PHA’s Section 8 waiting list is

closed, and if the PHA has insufficient

applicants on its Section 8 waiting list

to use all awarded rental vouchers and

certificates under this NOFA, the PHA

shall open the waiting list for

applications from disabled families.

(c) Turnover. When a rental voucher

or certificate under this NOFA becomes

available for reissue (e.g., the 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 NOFA for 5 years

from the date the rental assistance is

placed under an annual contributions

contract (ACC).

(d) PHA Responsibilities. In addition

to PHA responsibilities under the

Section 8 rental voucher and certificate

programs and HUD regulations

concerning nondiscrimination based on

disability (24 CFR 8.28) and to

affirmatively further fair housing, PHAs

that receive rental voucher or certificate

funding shall:

(i) Where requested by an 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 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 PHA

programs to eligible applicants who

choose not to participate.

(iv) Provide Section 8 search

assistance.

(B) Definitions

(1) Disabled Family. A family whose

head, spouse, or sole member is a

person with disabilities. The term

‘‘disabled family’’ may include two or

more persons with disabilities living

together, and one or more persons with

disabilities living with one or more livein aides. A disabled family may include

a person with disabilities who is

elderly. (Note: This definition applies to

the approximately $48.5 million

available under the Mainstream

Program. This definition shall be

modified, however, to be limited to

solely non-elderly disabled families

(families whose head, spouse or sole

member is disabled and under the age

of 62) regarding any funding available

and awarded from the approximately

$50 million in FY 1997 and $40 million

in FY 1998 for designated housing

allocation plans or in connection with

certain Section 8 project-based

developments. See the SUMMARY

section at the beginning of this NOFA

regarding the possibility of additional

Mainstream Program funding during FY

1998 beyond the approximately $48.5

million available as announced under

this NOFA.)

(2) 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).

Note: While the above definition of a

‘‘person with disabilities’’ is to be used for

purposes of determining a family’s eligibility

for a Section 8 rental voucher or certificate

under this NOFA, the definition of a person

with disabilities contained in section 504 of

the Rehabilitation Act of 1973 and its

implementing regulations must be used for

purposes of reasonable accommodations.

(3) Section 8 search assistance.

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 units suited to

their needs.

III. Application Selection Process for

Mainstream Program

After the local HUD Field Office has

screened PHA applications and

disapproved any applications found

unacceptable for further processing, the

local HUD Field Office will review all

acceptable applications to ensure that

they are technically adequate and

responsive to the requirements of the

NOFA. The local HUD Field Office will

send to HUD Headquarters’ Office of

Funding and Financial Management the

following information on each

application that is found technically

adequate and responsive:

(1) Name and address of the PHA;

(2) Local HUD Field Office contact

person and telephone number;

(3) The number of rental vouchers

and/or certificates in the PHA

application, and the minimum number

of rental vouchers and/or certificates

acceptable to the PHA; and

(4) A completed fund reservation

worksheet, indicating the number of

Section 8 rental vouchers and/or

certificates requested in the PHA

application and recommended for

approval by the local HUD Field Office

during the course of its review, and the

corresponding budget authority.

HUD Headquarters will fund all

applications from PHAs that are

recommended for funding by the local

HUD Field Offices unless HUD receives

approvable applications for more funds

than are available. If HUD receives

approvable applications for more funds

than are available, HUD will select

applicants to be funded by lottery. All

PHAs identified by the local HUD Field

Offices as having submitted technically

adequate and responsive applications

will be included in the lottery. As PHAs
23054 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

are selected, the cost of funding the

applications will be subtracted from the

funds available. In order to achieve

geographic diversity, HUD Headquarters

will limit the number of applications

selected for funding from any State to 10

percent of the budget authority available

for the general use Mainstream Program.

However, if establishing this geographic

limit would result in unreserved budget

authority, HUD may modify this limit to

assure that all available funds are used.

Applications will be funded for the

total number of units requested by the

PHA and approved by the local HUD

Field Office (not to exceed 100 units) in

accordance with this 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 that has

indicated a willingness to accept the

lesser amount of funding for units

available.

PHAs with approvable applications

that are not funded, in whole or in part,

due to insufficient funds available

under this NOFA for the Mainstream

Program, shall be considered first for

funding in FY 1999 provided that HUD

receives additional appropriations for

the Mainstream Program for FY 1999.

IV. Application Submission

Requirements for Mainstream Program

(A) Form HUD–52515

All PHAs must complete and submit

form HUD–52515, Funding Application,

for the Section 8 rental voucher and

certificate program (dated January

1996). This form includes all necessary

certifications for Fair Housing, Drug

Free Workplace and Lobbying

Activities; therefore, PHAs can complete

and sign the form HUD–52515 to

provide these required 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 Field Office or may be

downloaded from the HUD Home Page

site on the Internet’s world wide web

(http://www.hud.gov).

(B) 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 local HUD Field 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 PHA needs to

encourage the chief executive officer of

the unit of general local government to

submit a letter with the PHA application

commenting on the PHA application in

accordance with section 213. Because

HUD cannot approve an application

until the 30-day comment period is

closed, the section 213 letter needs to

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.

(C) Letter of Intent and Narrative

All the items in this section must be

included in the application submitted to

the local HUD Field Office. The PHA

must state in its cover letter to the

application whether it will accept a

reduction in the number of rental

vouchers or certificates, and 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. The

maximum number of rental vouchers or

certificates that a PHA may apply for

under this NOFA is limited to 100, or

200 in the case of a State or regional

(multicounty) PHA.

(D) Description of Need for Mainstream

Program Rental Assistance

The application must demonstrate a

need for Mainstream Program rental

vouchers or certificates by providing

information documenting that the

demand for housing for persons with

disabilities would equal or exceed the

requested number of rental vouchers or

certificates (not to exceed a maximum of

100). The PHA must assess and

document the housing need for persons

with disabilities using a range of sources

including, but not limited to: census

data, information from the PHA’s

waiting list (both public housing and

Section 8), statistics on recent public

housing admissions and rental

certificate and voucher use, data from

local advocacy groups and local public

and private service agencies familiar

with the housing needs of persons with

disabilities, and pertinent information

from the Consolidated Plan applicable

to the PHA’s jurisdiction. (See 24 CFR

91.205(d).) The PHA’s demonstrated

need for rental vouchers or certificates

for disabled families must clearly

support need on the basis of the types

of disabled families (elderly and nonelderly disabled families versus

exclusively non-elderly disabled

families). This distinction is important,

as any FY 1998 Mainstream Program

funding that may be available beyond

the approximately $48.5 million

available under this NOFA, must be

used to assist only non-elderly disabled

families. (See the SUMMARY section at the

beginning of this NOFA regarding the

possibility of substantially more

Mainstream Program funding beyond

the approximately $48.5 million

initially announced as available under

this NOFA.)

(E) Mainstream Program Operating Plan

The application must include a

description of an adequate plan for

operating a program to serve eligible

persons with disabilities, including:

(1) A description of how the PHA will

carry out its responsibilities under 24

CFR 8.28 to assist recipients in locating

units with needed accessibility features;

and

(2) A description of how the PHA will

identify private or public funding

sources to help participants cover the

costs of modifications that need to be

made to their units as reasonable

accommodations to their disabilities.

V. Corrections to Deficient Mainstream

Program Applications

(A) Acceptable Applications

To be eligible for processing, an

application must be received by the

local HUD Field Office no later than the

date and time specified in this NOFA.

The local HUD Field Office will initially

screen all applications and notify PHAs

of technical deficiencies by letter.

If an application has technical

deficiencies, the PHA 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 local HUD Field

Office before the application can be

considered for further processing by

HUD. Curable technical deficiencies

relate only to items that do not improve
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23055

the substantive quality of the

application.

All PHAs must submit corrections

within 14 calendar days from the date

of the HUD letter notifying the applicant

of any such deficiency. Information

received by the local HUD Field Office

after 3 p.m. eastern standard time on the

14th calendar day of the correction

period will not be accepted and the

application will be rejected as

incomplete.

(B) Unacceptable Applications

(1) After the 14-calendar day technical

deficiency correction period, the local

HUD Field Office will disapprove all

PHA applications that it determines are

not acceptable for processing. The local

Hud Field Office’s notification of

rejection letter must state the basis for

the decision.

(2) Applications from PHAs that fall

into any of the following categories will

not be processed:

(a) Applications from PHAs that do

not meet the requirements of Section

II(A)(1) of this NOFA, Compliance With

Fair Housing and Civil Rights Laws.

(b) The PHA has serious unaddressed,

outstanding Inspector General audit

findings or HUD management review

findings for its rental voucher or rental

certificate programs; or the PHA has

serious underutilization of rental

vouchers or certificates not attributable

to the 3-month statutory delay for the

reissuance of rental vouchers and

certificates. The only exception to this

category is if the PHA has been

identified under the policy established

in Section I.(D) of this NOFA and the

PHA makes application with a

designated contract administrator.

(c) The PHA is involved in litigation

and HUD determines that the litigation

may seriously impede the ability of the

PHA to administer the rental vouchers

or certificates.

(d) A PHA’s 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.

(e) The PHA’s application was

submitted after the application due date.

VI. Findings and Certifications

(A) 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 number 2577–

0169. 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.

(B) Environmental Impact

In accordance with 24 CFR

50.19(b)(11) of the HUD regulations,

tenant-based activities assisted under

this program are categorically excluded

from the requirements of the National

Environmental Policy Act and are not

subject to environmental review under

the related laws and authorities. In

accordance with 24 CFR 50.19(c)(5), the

approval for issuance of this NOFA is

categorically excluded from

environmental review under the

National Environmental Policy Act of

1969 (42 U.S.C. 4321).

(C) Catalog of Federal Domestic

Assistance Numbers

The Federal Domestic Assistance

numbers for this program are: 14.855

and 14.857.

(D) 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 NOFA will not have substantial

direct effects 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 HUD, the States, and local

governments, including PHAs.

(E) 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 regulations in 24 CFR part 4,

subpart A 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 (57 FR 1942), HUD

published a notice that also provides

information on the implementation of

section 102. HUD will comply with the

documentation, public access, and

disclosure requirements of section 102

with regard to the assistance awarded

under this NOFA, as follows:

(1) 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 5-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.

(2) Disclosures. HUD will make

available to the public for 5 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 3 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.

(F) Section 103 HUD Reform Act

HUD will comply with section 103 of

the Department of Housing and Urban

Development Reform Act of 1989 and

HUD’s implementing regulations in

subpart B of 24 CFR part 4 with regard

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.
23056 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

(G) 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. 1352)

(the Byrd Amendment) and to the

provisions of the Lobbying Disclosure

Act of 1995 (Pub. L. 104–65; approved

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

(Pub. L. 104–65; approved December 19,

1995), which repealed section 112 of the

HUD Reform Act, 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.

Dated: April 24, 1998.

Deborah Vincent,

General Deputy Assistant Secretary for Public

and Indian Housing.

[FR Doc. 98–11406 Filed 4–29–98; 8:45 am]

BILLING CODE 4210–33–P