20360 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of Housing—Federal Housing

Commissioner

[Docket No. N–95–3902; FR–3888–N–01]

Notice Inviting National, Regional, and

Multi-State Nonprofit or Public

Organizations To Apply for Approval

as a HUD Housing Counseling Agency

AGENCY: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION: Application for approval of

national, regional and multi-state

nonprofits or public entities as HUDapproved housing counseling agencies.

SUMMARY: This Notice describes the

criteria for approval by the U.S.

Department of Housing and Urban

Development (HUD) of national,

regional, and multi-state nonprofit or

public organizations as housing

counseling agencies and sets forth the

application approval process.

All organizations wishing to

participate in HUD’s FY ’95 housing

counseling program must first receive

HUD approval as a housing counseling

agency. Although HUD has an

established process for approving local

counseling agencies, FY ’95 will mark

the first year that HUD will approve

national, regional, and multi-state

organizations for participation in its

counseling program. National, regional,

and multi-state nonprofit or public

organizations that apply for HUD

approval under this Notice are not

necessarily guaranteed HUD housing

counseling funding for FY ’95. However,

the HUD approval process outlined in

this Notice is a prerequisite to the

application for FY ’95 funding by

national, regional, or multi-state

nonprofit or public organizations. The

NOFA announcing the availability of FY

’95 funds is expected to be published at

a later date.

DATES: Complete applications must be

submitted for HUD approval no later

than 4:30 p.m. e.s.t. on May 10, 1995.

In order to be assured of eligibility for

FY ’95 funding, all applications for HUD

certification must be physically received

by this deadline date and hour by

Emelda P. Johnson, Deputy Assistant

Secretary for Single Family Housing,

Department of Housing and Urban

Development, 451 7th Street SW., Room

9282, Washington D.C. 20410.

FOR FURTHER INFORMATION CONTACT:

Written inquiries about this Notice may

be mailed or faxed to the attention of

Marion F. Connell, Office of Housing,

Department of Housing and Urban

Development, 451 7th Street SW., Room

9282, Washington D.C. 20410; fax

number (202) 708–4006. Telephone

inquiries may be directed to (202) 708–

0740 (voice) or (202) 708–4594 (TDD).

Please note: these are not toll free

numbers.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection

requirements contained in this notice

have been approved by the Office of

Management and Budget, under section

3504(h) of the Paperwork Reduction Act

of 1980 (44 U.S.C. 3501–3520), and

assigned OMB control number 2502–

0261.

I. Purpose and Substantive Description

A. Authority and Purpose

Section 106 of the Department of

Housing and Urban Development Act of

1968 (12 U.S.C. 1701x) authorizes the

Secretary of HUD to provide, or contract

with public or private organizations to

provide, counseling and advice to

tenants and homeowners with respect to

property maintenance, financial

management, and such other matters as

may be appropriate to assist them in

improving their housing conditions and

in meeting the responsibilities of

tenancy or homeownership. In

accordance with its responsibilities

under the Fair Housing Act and other

Civil Rights laws, the Department

requires housing counseling agencies to

be familiar with these laws.

Appropriations acts for the past several

years have consistently provided funds

for counseling and advice under Section

106 to current and prospective tenants

and homeowners. Under the counseling

program, HUD funds housing

counseling agencies which offer a range

of services to renters, first-time

homebuyers, and current homeowners.

In order to participate in the HUD

program, housing counseling agencies

must first be approved by the

Department. In previous fiscal years,

HUD provided all of its housing

counseling funding directly to local

housing counseling agencies. The

approval process for local housing

counseling agencies requires that the

local agency submit information

documenting minimum levels of

experience and technical expertise.

Once approved, these local agencies are

eligible to apply for HUD funding.

Currently there are 661 HUD-approved

local housing counseling agencies, of

which 431 received funding in FY ’94.

For FY ’95, HUD will fund both local

counseling agencies and national,

regional, or multi-state nonprofit or

public organizations. These national,

regional, or multi-state nonprofit or

public organizations (sometimes

referred to as ‘‘intermediaries’’) will

assist HUD to manage the use of housing

counseling funds in a more efficient and

effective manner. These organizations

may use the HUD program to fund local

affiliates which offer housing

counseling services, and/or may provide

counseling services directly to the

public.

All national, regional, or multi-state

organizations wishing to participate in

the program must receive HUD approval

before applying for funding. HUD will

publish a separate NOFA announcing

the availability of FY ’95 housing

counseling funding. In order to allow

sufficient review time, the Department

requires that all applications for

approval as a HUD housing counseling

agency be submitted by the date stated

above. Organizations that are not HUDapproved as of the NOFA publication

date will be ineligible to participate in

the FY ’95 program.

B. Applicability of Handbook

The Housing Counseling Program is

generally governed by HUD Handbook

7610.1, REV–3. However, since the

current version of that handbook did not

contemplate the inclusion of national,

regional, and multi-state housing

counseling agencies, its provisions are

hereby superseded with respect to this

new category of participants. Although

the handbook does not apply to this

category of participants, these

participants are responsible to provide,

either directly or through their affiliates,

housing counseling services of the same

quality as are provided by the HUDapproved independent housing agencies

that are subject to the provisions of the

handbook.

C. Eligible Applicants

(1) Type of Organization

In order to apply for HUD approval

under this Notice, an organization must

be a nonprofit or public agency that is

authorized to provide housing

counseling; and a national, regional, or

multi-state organization. (Local agencies

may continue to apply for approval at

the appropriate HUD Field Office under

existing procedures.) For purpose of

determining the type of organization,

national, regional, and multi-state

organizations are defined as follows:

• National organizations are entities

that have branches or affiliates covering

more than one regional area of the

country.
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Notices 20361

• Regional organizations serve a

‘‘regional area’’ such as the Southwest

or Northeast. The regional

organization’s operational boundaries

need not conform precisely to the

typically accepted definition of a

particular area.

• Multi-state organizations serve two

or more states. The states need not be

contiguous and the operational

boundaries of the organization need not

precisely conform to State boundaries.

(2) Civil Rights Compliance

The organization may have no

outstanding finding of a violation of:

Title VI of the Civil Rights Act of 1964

(42 U.S.C. 2000d) and regulations

pursuant thereto (24 CFR Part 1); the

Fair Housing Act (42 U.S.C. 3601–19);

Executive Order 11063, as amended by

Executive Order 12892 and HUD

regulations (24 CFR Part 107); Section

504 of the Rehabilitation Act of 1973 (29

U.S.C. 794) and regulations issued

pursuant thereto (24 CFR Part 8); Title

II of the Americans with Disabilities Act

of 1990 and applicable regulations at 28

CFR Part 36); the Age Discrimination

Act of 1975 (42 U.S.C. 6101–07) and

regulations issued pursuant thereto (24

CFR Part 146); Executive Order 11246

and all regulations issued pursuant

thereto (41 CFR Chapter 60–1); and

Section 3 of the Housing and Urban

Development Act of 1968 (12 U.S.C.

1701u) and regulations pursuant thereto

(24 CFR Part 135).

II. Application Process

A. Submitting an Application Package

The signed original and one signed

copy of the application information

must be submitted in a sealed envelope

addressed to Emelda P. Johnson, Deputy

Assistant Secretary for Single Family

Housing, U.S. Department of Housing

and Urban Development, 451 7th Street

SW., Room 9282, Washington D.C.

20410. Envelopes should be clearly

marked, ‘‘Housing Counseling

Application’’. Applicants should retain

a copy of the application for their

records. Where the application requests

submission of existing legal or corporate

documents, send only a copy—not the

original document.

Applications must be physically

received by no later than the date stated

above in the ‘‘Dates’’ section. Applicants

have the option of submitting their

response to sections B 4–9 below after

receiving preliminary approval. In that

case, the first phase of the application

must be submitted within five working

days of publication of this Notice. HUD

will respond by telephone within two

working days of receipt of the first

phase. The second phase of the

application must then be received by

the date stated above in the ‘‘Dates’’

section of this Notice. HUD

recommends a one-step application

process in the interest of timeliness and

efficiency for the applicant but is

making the two-step option available in

conformance with previous practice.

The above stated application deadline

is firm as to its date and hour. In the

interest of fairness to all applicants, the

Department will treat as ineligible for

consideration any application that is

received after the deadline. Applicants

should take this policy into account and

make early submission of their materials

to avoid any risk of loss of eligibility

brought about by unanticipated delays

or other delivery-related problems.

Facsimile (FAX) applications are not

acceptable and will not be reviewed.

B. Application Content

Applicants must submit an

application following the format

prescribed in forms HUD–9900C and

HUD–9900D to HUD by the date and

time stated above. After review and

approval of this application, HUD will

send the applicant a letter stating that

the organization is recognized as a HUDapproved housing counseling agency

with a copy of HUD’s standard approval

certificate. The following sections of

this Notice state the submission

requirements for each portion of the

application package.

All application materials should be on

8.5×11′′ paper and should be

typewritten or produced using other

methods of wordprocessing. For

identification purposes, assure that the

name and complete address of the

applicant appear on the top or bottom

of each page. Use the outline format

specified below and do not deviate or

add or skip sections. Applicants should

ensure that submitted materials are clear

and concise.

National, regional, or multi-state

organizations seeking HUD approval as

a housing counseling agency must

submit the following information as part

of their application package:

(1) Transmittal Letter

In the transmittal letter, or cover

sheet, to the application, clearly list the

following information about the

applicant:

a. Official name of organization;

b. Acronym, if any, for official name;

c. Address of main office; (If the

applicant will use a location other than

the main office for counseling

coordination activities, please indicate

this address as well.)

d. Main office telephone and FAX

number. Also, toll free 800 # if

applicable;

e. Name and title of chief operating

officer;

f. Counseling program administrator’s

name and title;

g. The name, title, and telephone

number of the person to contact

regarding the organization’s application.

The cover sheet or transmittal letter

should be signed and dated by the

person authorized by the applicant’s

governing body to submit this

application. Beneath the signature and

date, type the signer’s name and title

and affirmatively state that this person

is authorized to submit the application.

(2) Executive Summary

Provide a one page summary of the

organization’s proposed housing

counseling plan and describe how this

plan meets the housing needs and

problems of the organization’s targeted

population. Also note how the

organization’s resources will enable it to

implement its plan.

(3) Type of Organization

a. National Organizations: Note the

number of the States where housing

counseling services will be provided.

State the number of offices (main,

branch, or affiliate) where these services

will be provided.

b. Regional Organizations: State the

name of the region where services will

be provided. Note the number of the

States which are included in the

organization’s region. State the number

of offices (main, branch, or affiliate)

where these services will be provided.

c. Multi-State Organizations: List the

names of the States where housing

counseling services will be provided.

For each state, list the number of offices

(main, branch, or affiliate) where these

services will be provided.

(4) Community Base

a. Describe the applicant’s experience

and record of achievement in housing

counseling during the past year. This

experience should be specific to the

communities where the organization

proposes to offer housing counseling

services.

b. List the following information for

all affiliates or branch offices:

• Official Name.

• Address, including ZIP code.

• Mailing address (if different).

• Telephone and FAX number (if a

toll free number is available please note

that number as well).

• Name, title, and telephone number

of the person in charge of the housing

counseling program.
20362 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Notices

Please note: The information

requested in this section (b.) may

alternatively be submitted at the time a

HUD-approved organization applies for

funding. HUD recognizes that some

national groups are still forming their

counseling network.

c. If housing counseling services will

be offered to non-English speaking

persons, please attach evidence of staff

members who fluently speak the clients’

native language.

(5) Target Area

a. Describe the organization’s

proposed target area for housing

counseling, including: size of

population; racial and ethnic make-up

of the population; socio-economic

factors; and age and condition of the

housing stock. Do not exceed two

typewritten pages.

b. State why the organization selected

this particular target area and why the

organization believes it is particularly

well situated to service this area. Do not

exceed one typewritten page.

c. If other housing counseling

agencies serve this same target area,

describe why the applicant believes that

it should also target this area. Do not

exceed one typewritten page.

d. List the U.S. Postal Service ZIP

codes for all areas serviced by the main

office and its affiliates or branch offices

over the past 12 months.

(6) Housing Needs and Problems

Describe the housing needs and

problems of the target area serviced by

the organization. Include special needs

and problems, such as those related to

available housing stock, low income or

poverty, homelessness, language,

persons with disabilities, and ethnic,

minority, and racial factors.

(7) Resources

Submit a narrative statement of the

resources the applicant has on-hand as

of the submission date of this

application. ‘‘On-hand’’ is defined as

the staff, facilities, and funding which

the applicant either possesses or has a

written commitment to receive but does

not include amounts which the

organization hopes to receive or plans to

seek. Break out the statement of

resources by staff, facilities, and funding

categories:

a. Staff.

• Attach a brief resume for each

person who will oversee the housing

counseling program at the applicant’s

headquarters. Each resume should

indicate position title and duties.

b. Facilities.

• Provide a general description of the

applicant’s facilities. State whether

privacy and accessibility for persons

with disabilities is provided at each

affiliate or branch location. An

opportunity for privacy during

consultation and reasonable

accommodations for accessibility are

required at each location. If access for

persons with disabilities, including

persons with mobility, hearing, visual,

and other disabilities, is not possible at

all sites, indicate how counseling will

be provided to persons with disabilities

as needed. Also state whether public

transportation is available within a 15

minute walk of each housing counseling

location, to ensure accessibility of all

populations needing to be served.

c. Funding.

• List the sources and amount of

funds available ‘‘on-hand’’ within the

initial 12 month period of working as a

HUD-approved housing counseling

agency. The Department will give

priority consideration to organizations

that can demonstrate the ability to

leverage funding received from HUD.

• Submit a copy of the organization’s

current housing counseling budget and

indicate the sources of funds for that

budget.

(8) Community Resources

List the names of the types of

community resources from which you

expect your branches or affiliates to

receive services or other forms of

assistance for clients either at your

facilities or those of the resource.

Community resources consist of the

types of local, state, and federal public

and private resources with whom the

applicant expects branches or affiliates

to have firm working relationships. This

may also include other HUD-approved

housing counseling agencies.

(9) Housing Counseling Plan

Describe in detail the housing

counseling which will be provided by

the applicant organization. This plan

should take into account the resources,

housing needs and problems, and target

areas identified by the applicant. Be

concise.

(10) Legal Status

Submit a copy of the document which

verifies that the applicant is a nonprofit

organization, such as a copy of a 501 (c)

determination from the IRS, or official

document duly authorizing a public

agency. This document must include

the official name, address, and

telephone number of the entity that

granted this status. HUD assumes, and

the applicant assures, that all affiliates

and branch offices are also nonprofit

organizations or public agencies.

(11) Charter

Attach a copy of the organization’s

document that authorizes housing

counseling activities. This document

might include the charter, by-laws,

board resolution, etc.

(12) Audit Report

Attach a copy of an audit report

conducted within the 12 month period

prior to the date of the application. HUD

assumes and the applicant assures that

affiliates and branch offices have also

been audited within the last 12 months.

If an audit has not been conducted

within the last 12 months, certification

must be received that one will be

immediately undertaken, and a copy

provided to HUD when completed.

Regardless of how recently the last audit

was done, a copy of the organization’s

most recent audit must be immediately

submitted. The applicant must also

assure that each affiliate or branch has

a functioning management system in

accordance with generally accepted

accounting standards.

(13) Assurances and Signatures

Affirmatively state that the applicant

will comply with the following

requirements:

a. Administer its housing counseling

program in compliance with Title VI of

the Civil Rights Act of 1964, Title VIII

of the Civil Rights Act of 1968,

Executive Order 11063, Section 504 of

the Rehabilitation Act of 1973, and the

Age Discrimination Act of 1975, and

applicable provisions of the Americans

with Disabilities Act of 1990.

b. Provide its housing counseling

services without subagreements with

agencies other than the stated affiliates

and branches or other HUD-approved

housing counseling agencies. Written

agreements must be executed with

affiliates or branches delineating the

respective responsibilities of the various

organizations party to the agreement.

c. Represent its clients without any

conflicts of interest on the part of the

applicant or its staff that might

compromise the agency’s ability to

represent fully and impartially the best

interests of the client.

d. Meet all local, State, and federal

requirements necessary to provide the

applicant’s housing services. Agency

staff must possess a working knowledge

of all current laws and ordinances that

relate to housing counseling, such as

debt management and a range of

mortgage loan products available in

their area.

e. Comply with fee guidelines set

forth in HUD’s Handbook 7610.1 REV–

3, if the applicant plans to charge a fee

to some of its clients.
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Notices 20363

C. Corrections to Deficient Applications

After the deadline, applicants that

met the deadline may cure only nonsubstantive, technical deficiencies in

their application. Applicants have a 14

calendar day ‘‘cure period’’ to correct

deficiencies in the application that are

not integral to HUD’s review of the

application. Applicants have 14 days

from the date HUD notifies the

applicant of any problem to submit the

appropriate information to HUD.

Notification of a technical deficiency

may be in writing or by telephone. If the

notification is by telephone, a written

confirmation will be transmitted by

HUD to the applicant. Such deficiencies

should be cured prior to application for

HUD funding; however, exceptions may

be made if circumstances warrant.

III. Other Matters

Environmental Review

A Finding of No Significant Impact

with respect to the environment was

made in accordance with HUD

regulations at 24 CFR part 50 that

implement section 102(2)(C) of the

National Environmental Policy Act of

1969, 42 U.S.C. 4332, in connection

with the Notice of Funding Availability

published in connection with the

Housing Counseling program on March

21, 1994 (59 FR 13366). That Finding is

available for public inspection during

business hours in the Office of the Rules

Docket Clerk, Office of General Counsel,

room 10276, Department of Housing and

Urban Development, 451 Seventh Street,

SW, Washington, DC 20410.

Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that this notice does not

have ‘‘federalism implications’’ because

it does not have substantial direct

effects on the States (including their

political subdivisions), or on the

distribution of power and

responsibilities among the various

levels of government. This notice only

affects multi-state, regional and national

nonprofit or public organizations who

want to apply to participate in HUD’s

program to provide housing counseling

services, assisting and advising housing

consumers about how to develop

competence and responsibility in

meeting their housing needs.

Impact on the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, the Family, has

determined that this notice has potential

significant impact on family formation,

maintenance, and general well-being

only to the extent that the entities who

qualify for participation in HUD’s

housing counseling program under this

notice will provide families with the

counseling and advice they need to

avoid rent delinquencies or mortgage

defaults, and to develop competence

and responsibility in meeting their

housing needs. Since the potential

impact on the family is considered

beneficial, no further review under the

Order is necessary.

Catalog

The Catalog of Federal Domestic

Assistance Program number is 14.169.

Authority: 12 U.S.C. 1701x; 42 U.S.C.

3535(d).

Dated: April 13, 1995.

Nicolas P. Retsinas,

Assistant Secretary for Housing—Federal

Housing Commissioner.

[FR Doc. 95–10140 Filed 4–24–95; 8:45 am]

BILLING CODE 4210–27–P