35878 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4053–N–01]

Office of the Assistant Secretary for

Housing—Federal Housing

Commissioner; Notice of Funding

Availability (NOFA) for Supportive

Housing for Persons with Disabilities

AGENCY: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION: Notice of funding availability

for Fiscal Year (FY) 1996.

SUMMARY: This NOFA announces HUD’s

funding for supportive housing for

persons with disabilities. This

document describes the following: (a)

the purpose of the NOFA and

information regarding eligibility,

submission requirements, available

amounts, and selection criteria; and (b)

application processing, including how

to apply and how selections will be

made.

APPLICATION PACKAGE: The Application

Package can be obtained from the

Multifamily Housing Clearinghouse,

P.O. Box 6424, Rockville, MD 20850,

telephone 1–800–685–8470 (the TTY

number is 1–800–483–2209); and from

the appropriate HUD Office identified in

appendix A to this NOFA. The

Application Package includes a

checklist of exhibits and steps involved

in the application process.

DATES: The deadline for receipt of

applications in response to this NOFA

is 4:00 p.m. local time on August 19,

1996. The application deadline is firm

as to date and hour. In the interest of

fairness to all applicants, HUD will not

consider any application that is received

after the deadline. Sponsors should take

this into account and submit

applications as early as possible to

avoid the risk of unanticipated delays or

delivery-related problems. In particular,

Sponsors intending to mail applications

must provide sufficient time to permit

delivery on or before the deadline date.

Acceptance by a Post Office or private

mailer does not constitute delivery.

Facsimile (FAX), COD, and postage due

applications will not be accepted.

ADDRESSES: Applications must be

delivered to the Director of the

Multifamily Housing Division in the

HUD Office for your jurisdiction. A

listing of HUD Offices, their addresses,

and telephone numbers is attached as

appendix A to this NOFA. HUD will

date and time stamp incoming

applications to evidence timely receipt,

and, upon request, will provide the

applicant with an acknowledgement of

receipt.

FOR FURTHER INFORMATION CONTACT: The

HUD Office for your jurisdiction, as

listed in appendix A to this NOFA.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection

requirements contained in this NOFA

have been approved by the Office of

Management and Budget (OMB), under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501–3520), and assigned

OMB Control Number 2502–0267. 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.

I. Purpose and Substantive Description

A. Authority

Section 811 of the Cranston-Gonzalez

National Affordable Housing Act (the

NAHA) (Pub. L. 101–625, approved

November 28, 1990), as amended by the

Housing and Community Development

Act of 1992) (HCD Act of 1992) (Pub. L.

102–550, approved October 28, 1992),

and by the Rescissions Act (Pub. L. 104–

19, approved July 27, 1995) authorized

a new supportive housing program for

persons with disabilities, and replaced

assistance for persons with disabilities

previously covered by section 202 of the

Housing Act of 1959 (section 202

continues, as amended by section 801 of

the NAHA, and the HCD Act of 1992, to

authorize supportive housing for the

elderly). HUD provides the assistance as

capital advances and contracts for

project rental assistance in accordance

with 24 CFR part 891. Capital advances

may be used to finance the construction,

rehabilitation, or acquisition with or

without rehabilitation, including

acquisition from the Resolution Trust

Corporation, now the Federal Deposit

Insurance Corporation (RTC/FDIC), of

structures to be developed into a variety

of housing options ranging from group

homes and independent living facilities,

to dwelling units in multifamily

housing developments, condominium

housing, and cooperative housing. This

assistance may also cover the cost of

real property acquisition, site

improvement, conversion, demolition,

relocation, and other expenses that the

Secretary determines are necessary to

expand the supply of supportive

housing for persons with disabilities.

Note that on March 22, 1996, HUD

published a final rule (61 FR 11948) that

consolidated the regulations for the

Section 202 Program of Supportive

Housing for the Elderly and the Section

811 Program of Supportive Housing for

Persons with Disabilities in 24 CFR part

891.

For supportive housing for persons

with disabilities, the Omnibus

Consolidated Rescissions and

Appropriations Act of 1996 (Pub. L.

104–134, approved April 26, 1996) (Act)

provides $233,168,000 for capital

advances for supportive housing for

persons with disabilities, as authorized

by section 811 of the NAHA, and for

project rental assistance, and

amendments to contracts for project

rental assistance, for supportive housing

for persons with disabilities, as

authorized by section 811 of the NAHA.

Twenty-five percent of this amount is

being set aside for tenant-based

assistance administered through public

housing agencies (PHAs) for persons

with disabilities and will be announced

through a separate Notice in the Federal

Register.

In accordance with the waiver

authority provided in the Act, the

Secretary is extending the

determinations made in the Notice

published in 61 F.R. 3047 to Fiscal Year

1996 funding by waiving the following

statutory and regulatory provision: The

term of the project rental assistance

contract is reduced from 20 years to a

minimum term of 5 years and a

maximum term which can be supported

by funds authorized by the Act. The

Department anticipates that at the end

of the contract terms, renewals will be

approved subject to the availability of

funds. In addition to this provision, the

Department will reserve project rental

assistance contract funds based on 75

percent rather than on 100 percent of

the current operating cost standards for

approved units in order to take into

account the average tenant contribution

toward rent. PLEASE NOTE THAT THE

WAIVER BROADENING THE

ELIGIBILITY OF TENANTS TO

PERSONS WITH INCOMES AT 80

PERCENT OF THE MEDIAN OR

BELOW (61 F.R. 3047, JANUARY 30,

1996) IS NOT BEING EXTENDED TO

THE PROJECTS FUNDED IN

ACCORDANCE WITH THIS NOFA. THE

STATUTORY PROVISION LIMITING

ELIGIBILITY TO PERSONS WITH

INCOMES AT 50 PERCENT OF THE

MEDIAN OR BELOW REMAINS IN

EFFECT.

In accordance with an agreement

between HUD and the Rural Housing

Service (RHS) (formerly the

Administration For Rural Housing and

Economic Development Services

(ARHEDS)), which facilitates the

coordination between the two agencies

in administering their respective rental

assistance programs, HUD is required to
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35879

notify RHS of applications for housing

assistance it receives. This notification

gives RHS the opportunity to comment

if it has concern about the demand for

additional assisted housing and possible

harm to existing projects in the same

housing market area. HUD will consider

the RHS comments in its review and

project selection process.

B. Allocation Amounts

In accordance with 24 CFR part 791,

the Assistant Secretary will allocate the

amounts available for capital advances

for supportive housing for persons with

disabilities. HUD reserves project rental

assistance funds based upon 75 percent

of the current operating cost standards

to support the units selected for capital

advances sufficient for minimum 5-year

project rental assistance contracts.

The allocation formula for Section

811 funds consists of the following two

data elements:

1. A measure of the number of

persons identified as having a public

transportation disability; and

2. A measure of the number of

persons identified as having a work

disability.

The Section 811 capital advance

funds have been allocated, based on the

formula above, to 51 HUD Offices as

shown on the following chart:

FISCAL YEAR 1996 ALLOCATIONS FOR

SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES

[Fiscal Year l996 Section 811 Allocations]

Offices

Capital advance authority

Units

New England:

Massachusetts ......... $2,304,347 30

Connecticut .............. 1,775,776 23

New Hampshire ....... 1,272,707 21

Rhode Island ........... 1,163,556 15

Total ................. 6,516,386 89

New York/New Jersey:

New York ................. 4,621,108 60

Buffalo ..................... 1,907,911 27

New Jersey .............. 2,848,274 37

Total ................. 9,377,293 124

Mid-Atlantic:

Maryland .................. 1,588,274 24

West Virginia ........... 1,275,059 22

Pennsylvania ........... 2,815,166 39

Pittsburgh ................ 1,686,184 26

Virginia ..................... 1,443,678 26

D.C .......................... 1,644,052 24

Total ................. 10,452,413 161

Southeast/Caribbean:

Georgia .................... 1,872,307 34

Alabama .................. 1,588,206 29

Caribbean ................ 2,065,136 27

South Carolina ......... 1,546,241 26

North Carolina ......... 2,368,371 35

FISCAL YEAR 1996 ALLOCATIONS FOR

SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES—Continued

[Fiscal Year l996 Section 811 Allocations]

Offices

Capital advance authority

Units

Mississippi ............... 1,280,439 25

Jacksonville ............. 3,308,152 55

Kentucky .................. 1,544,489 27

Knoxville .................. 1,123,096 22

Tennessee ............... 1,213,784 23

Total ................. 17,910,221 303

Midwest:

Illinois ....................... 3,396,420 45

Cincinnati ................. 1,282,225 22

Cleveland ................. 1,997,821 30

Ohio ......................... 1,267,812 22

Michigan .................. 2,292,272 34

Grand Rapids .......... 1,179,163 20

Indiana ..................... 1,726,524 29

Wisconsin ................ 1,641,472 25

Minnesota ................ 1,589,090 23

Total ................. 16,372,799 250

Southwest:

Texas/New Mexico 1,960,498 37

Houston ................... 1,495,930 27

Arkansas .................. 1,135,063 24

Louisiana ................. 1,489,983 29

Oklahoma ................ 1,230,229 24

San Antonio ............. 1,350,583 26

Total ................. 8,662,286 167

Great Plains:

Iowa ......................... 1,178,380 21

Kansas/Missouri ...... 1,426,009 25

Nebraska ................. 804,793 15

St. Louis .................. 1,524,072 24

Total ................. 4,933,254 85

Rocky Mountains:

Colorado .................. 1,664,893 28

Total ................. 1,664,893 28

Pacific/Hawaii:

Hawaii

(Guam) ................. 1,745,334 15

Los Angeles ............. 4,776,022 63

Arizona .................... 1,258,733 23

Sacramento ............. 1,558,476 21

California ................. 2,972,723 39

Total ................. 12,311,288 161

Northwest/Alaska:

Alaska ...................... 1,745,334 15

Oregon ..................... 1,467,167 23

Washington .............. 1,687,959 24

Total ................. 4,900,460 62

National Total ... 93,101,293 1,430

C. Eligibility

Nonprofit organizations that have a

Section 501(c)(3) tax exemption from

the Internal Revenue Service are the

only eligible applicants under this

program. A single Sponsor shall not

request more units in a given HUD

Office than permitted for that HUD

Office in this NOFA.

D. Initial Screening, Technical

Processing, and Selection Criteria

1. Initial Screening.

HUD will review applications for

section 811 capital advances that HUD

receives at the appropriate address by

4:00 p.m. local time on August 19, 1996,

to determine if all parts of the

application are included. HUD will not

review the content of the application as

part of initial screening. HUD will send

deficiency letters, by certified mail and

facsimile, informing Sponsors of any

missing parts of the application.

Sponsors must correct such deficiencies

within 8 calendar days from the date of

the deficiency letter. Any document

requested as a result of the initial

screening may be executed or prepared

within the deficiency period, except for

Forms HUD–92016–CAs, Articles of

Incorporation, IRS exemption rulings,

Forms SF–424, Board Resolution

committing the minimum capital

investment, and site control documents

(all of these excepted items must be

dated no later than the application

deadline date).

2. Technical Processing.

All applications will be placed in

technical processing upon receipt of the

response to the deficiency letter or at

the end of the 8-day period. All

applications will undergo a complete

analysis. If a reviewer finds that

clarification is needed to complete the

review or an exhibit is missing that was

not requested after initial screening, the

reviewer shall immediately advise the

Multifamily Housing Representative,

who will: (a) request, by telephone, that

the Sponsor submit the information

within five (5) working days; and (b)

follow up by certified letter.

Communications must be attached to

the technical review and findings

memorandum. As part of this analysis,

HUD will conduct its environmental

review in accordance with 24 CFR part

50 only on those applications

containing satisfactory evidence of site

control. (Applications selected with

sites identified will receive

environmental reviews after submission

to HUD of satisfactory evidence of site

control and prior to approval of the

sites.)

Examples of reasons for technical

processing rejection include an

ineligible Sponsor, ineligible population

to be served, lack of legal capacity,

insufficient need for the project,

insufficient evidence that the Sponsor

will obtain control of the identified site
35880 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

within six months of fund reservation

award if the Sponsor did not submit site

control evidence with its application,

the project will adversely affect other

HUD insured and assisted housing or an

unsatisfactory Supportive Services

Certification by the appropriate State or

local agency.

The Secretary will not reject an

application based on technical

processing without giving notice of that

rejection with all rejection reasons and

affording the applicant an opportunity

to appeal. HUD will afford an applicant

10 calendar days from the date of HUD’s

written notice to appeal a technical

rejection to the HUD Office. The HUD

Office must respond within five

working days to the Sponsor. The HUD

Office shall make a determination on an

appeal prior to making its selection

recommendations. All applications will

be either rated or technically rejected at

the end of technical processing.

Technical processing will also assure

that the Sponsor has complied with the

requirements in the civil rights

certification in the Application Package.

There must not have been an

adjudication of a civil rights violation in

a civil action brought against the

Sponsor by a private individual, unless

the Sponsor is operating in compliance

with a court order, or implementing a

HUD-approved compliance agreement

designed to correct the areas of

noncompliance. There must be no

pending civil rights suits against the

Sponsor instituted by the Department of

Justice, and no pending administrative

actions for civil rights violations

instituted by HUD (including a charge of

discrimination under the Fair Housing

Act). There must be no outstanding

findings of noncompliance with civil

rights statutes, Executive Orders, or

regulations, as a result of formal

administrative proceedings, nor any

charges issued by the Secretary against

the Sponsor under the Fair Housing Act,

unless the Sponsor is operating under a

conciliation or compliance agreement

designed to correct the areas of

noncompliance. Moreover, there must

not be a deferral of the processing of

applications from the Sponsor imposed

by HUD under Title VI of the Civil

Rights Act of 1964, HUD’s

implementing regulations (24 CFR 1.8),

procedures (HUD Handbook 8040.1),

and the Attorney General’s Guidelines

(28 CFR 50.3); or under section 504 of

the Rehabilitation Act of 1973 and

HUD’s implementing regulations (24

CFR 8.57), and the Americans with

Disabilities Act.

Upon completion of technical

processing, all acceptable applications

will be rated according to the selection

criteria in section I.D.3. below.

Applications that have a total score of

60 points or more will be eligible for

selection and will be placed in rank

order. These applications will be

selected based on rank order to and

including the last application that can

be funded out of the local HUD Office’s

allocation. Local HUD Offices shall not

skip over any applications in order to

select one based on the funds

remaining. However, after making the

initial selections, any residual funds

may be utilized to fund the next rankordered application by reducing the

units by no more than 10 percent

rounded to the nearest whole number,

provided the reduction will not render

the project infeasible. Projects of nine

units or less may not be reduced.

Funds remaining after this process is

completed will be returned to

Headquarters. These funds will be used

first to restore units to projects reduced

by HUD Offices as a result of the

instructions above and, second, for

selecting applications on a national rank

order. However, no more than one

application will be selected per HUD

Office from the national residual

amount unless there are insufficient

approvable applications in other HUD

Offices. If funds still remain, additional

applications will be selected based on a

national rank order, insuring an

equitable distribution among HUD

Offices.

3. Selection Criteria.

Applications for Section 811 capital

advances that successfully complete

technical processing will be rated using

the following selection criteria:

(a) The Sponsor’s ability to develop

and operate the proposed housing on a

long-term basis, considering the

following (70 points maximum—60 base

points plus 10 bonus points):

(1) The scope, extent, and quality of

the Sponsor’s experience in providing

housing or related services to those

proposed to be served by the project and

the scope of the proposed project (i.e.,

number of units, services, relocation

costs, development, and operation) in

relationship to the Sponsor’s

demonstrated development and

management capacity. (32 points);

(2) The scope, extent, and quality of

the Sponsor’s experience in providing

housing or related services to minority

persons or families (13 points);

(3) Applications submitted by

Sponsors whose boards are comprised

of at least 51 percent consumers with

disabilities (5 bonus points);

(4) The extent of local community

support for the project and for the

Sponsor’s activities, including previous

experience in serving the area where the

project is to be located, and the

Sponsor’s demonstrated ability to raise

local funds (15 points); and

(5) The Sponsor’s involvement of

persons with disabilities (including

minority persons with disabilities) in

the development of the application, and

its intent to involve persons with

disabilities (including minority persons

with disabilities) in the implementation

of the program (5 bonus points).

(b) The need for supportive housing

for persons with disabilities in the area

to be served, the extent to which the

Sponsor has site control, suitability of

the site, and the design of the project,

considering (55 points maximum—40

base points plus 15 bonus points):

(1) The extent of the need for the

project in the area based on a

determination by the HUD Office. This

determination will be made by

considering the Sponsor’s evidence of

need in the area based on the guidelines

in the Application Package, as well as

other economic, demographic, and

housing market data available to the

HUD Office. The data could include the

availability of existing Federally

assisted housing (HUD and RHS) for

persons with disabilities and current

occupancy in such facilities, Federally

assisted housing for persons with

disabilities under construction or for

which fund reservations have been

issued, and, in accordance with an

agreement between HUD and RHS,

comments from RHS on the demand for

additional assisted housing and the

possible harm to existing projects in the

same housing market area (8 points);

(2) Applications containing

acceptable evidence of control of an

approvable site (10 bonus points);

(3) The proximity or accessibility of

the site to shopping, medical facilities,

transportation, places of worship,

recreational facilities, places of

employment, and other necessary

services to the intended tenants;

adequacy of utilities and streets, and

freedom of the site from adverse

environmental conditions (site control

projects only); and compliance with the

site and neighborhood standards (15

points);

(4) Suitability of the site from the

standpoint of promoting a greater choice

of housing opportunities for minority

persons with disabilities (7 points);

(5) The extent to which the proposed

design will meet any special needs of

persons with disabilities the housing is

intended to serve (10 points); and

(6) The project will be located within

the boundaries of a Place Based

Community Revitalization Area defined

as a Federally-designated Empowerment
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35881

Zone, Urban Supplemental

Empowerment Zone, Enterprise

Community, Urban Enhanced Enterprise

Community, or a HUD-approved CDBG

neighborhood revitalization strategy

area (5 bonus points).

For the selection criterion in (6)

above, the Secretary’s Representative, or

the Secretary’s Representative in

consultation with the State/Area

Coordinator, may assign the 5 bonus

points to an application if the site under

control for the proposed project is

approvable, is located within the

boundaries of a Place Based Community

Revitalization Area, as defined above,

and the locally developed strategy for

the area involves items such as physical

improvements, necessary public

facilities and services, private

investment and citizen self-help

activities.

The maximum number of points an

application can earn without bonus

points is 100. An application can earn

an additional 25 bonus points for a

maximum total of 125 points.

II. Application Process

All applications for Section 811

capital advances submitted by eligible

Sponsors must be filed with the

appropriate HUD Office receiving an

allocation and must meet the

requirements of this NOFA. No

application will be accepted after 4:00

p.m. local time on August 19, 1996,

unless that date and time is extended by

a Notice published in the Federal

Register. HUD will not accept

applications received after that date and

time, even if postmarked by the

deadline date. Applications submitted

by facsimile are not acceptable.

Immediately upon publication of this

NOFA, if names have not already been

provided to the Multifamily Housing

Clearinghouse, HUD Offices shall notify

minority media and media for persons

with disabilities, all persons and

organizations on their mailing lists,

minority and other organizations within

their jurisdiction involved in housing

and community development, and

groups with special interest in housing

for disabled households.

Organizations interested in applying

for a Section 811 capital advance should

contact the Multifamily Housing

Clearinghouse at 1–800–685–8470 (the

TTY number is 1–800–483–2209) for a

copy of the Application Package, and

advise the appropriate HUD Office if

they wish to attend the workshop

described below. HUD encourages

minority organizations to participate in

this program as Sponsors. HUD Offices

will advise all organizations on their

mailing list of the date, time, and place

of workshops at which HUD will

explain the Section 811 program.

HUD strongly recommends that

prospective applicants attend the local

HUD Office workshop. Interested

persons with disabilities should contact

the HUD Office to assure that any

necessary arrangements can be made to

enable their attendance and

participation in the workshop. While

strongly urged to do so, if Sponsors

cannot attend a workshop, Application

Packages can also be obtained from the

Multifamily Housing Clearinghouse (see

address and telephone number in the

‘‘Application Package’’ section, above).

However, Sponsors must contact the

appropriate HUD Office with any

questions regarding the submission of

applications and for any additional

application requirements.

At the workshops, HUD will

distribute Application Packages and

will explain application procedures and

requirements. Also, HUD will address

concerns such as local market

conditions, building codes, historic

preservation, floodplain management,

displacement and relocation, zoning,

and housing costs.

III. Application Submission

Requirements

A. Application

Each application shall include all of

the information, materials, forms, and

exhibits listed in section III.B., below, of

this NOFA (with the exception of

applications submitted by Sponsors

selected for a Section 811 fund

reservation within the last three funding

cycles), and must be indexed and

tabbed. Such previously selected

Section 811 Sponsors are not required to

submit the information described in

B.2.(a), (b), and (c), below, of this NOFA

(Exhibits 2.a., b., and c. of the

application), which are the articles of

incorporation (or other organizational

documents), by-laws, and the IRS tax

exemption, respectively. If there has

been a change in any of the eligibility

documents since its previous HUD

approval, the Sponsor must submit the

updated information in its application.

The HUD Office will base its

determination of the eligibility of a new

Sponsor for a reservation of Section 811

capital advance funds on the

information provided in the application.

HUD Offices will verify a Sponsor’s

indication of previous HUD approval by

checking the project number and

approval status with the appropriate

HUD Office. In addition to this relief of

paperwork burden in preparing

applications, applicants will be able to

use information and exhibits previously

prepared for prior applications under

Section 811, Section 202, or other

funding programs. Examples of exhibits

that may be readily adapted or amended

to decrease the burden of application

preparation include, among others,

those on previous participation in the

Section 202 or Section 811 programs;

applicant experience in the provision of

housing and services; supportive

services plan; community ties; and

experience serving minorities.

B. General Application Requirements

1. Form HUD–92016–CA, Application

for Section 811 Supportive Housing

Capital Advance.

Note: A sponsor may apply for a Scattered

site Project in one application.

2. Evidence of each Sponsor’s legal

status as a nonprofit organization,

including the following:

(a) Articles of Incorporation,

constitution, or other organizational

documents;

(b) By-laws;

(c) IRS section 501(c)(3) tax

exemption ruling (this must be

submitted by all Sponsors, including

churches).

Note: Sponsors who have received a

section 811 fund reservation within the last

three funding cycles are not required to

submit the documents described in (a), (b),

and (c), above. Instead, sponsors must submit

the project number of the latest application

submitted and the HUD office to which it

was submitted. If there have been any

modifications or additions to the subject

documents, indicate such, and submit the

new material.

(d) Resolution of the board, duly

certified by an officer, that no officer or

director of the Sponsor or Owner has or

will have any financial interest in any

contract with the Owner or in any firm

or corporation that has or will have a

contract with the Owner and that

includes a current listing of all duly

qualified and sitting officers and

directors by title and the beginning and

ending dates of each person’s term.

(e) The number of people on the

Sponsor’s board and the number of

those people who are consumers with

disabilities.

3. Sponsor’s purpose, community ties,

and experience, including the following:

(a) Description of Sponsor’s purpose

and current activities;

(b) Description of Sponsor’s ties to the

community at large and to the disabled

community in particular;

(c) Description of Sponsor’s housing

and/or supportive services experience.

The description should include any

rental housing projects (including

integrated housing developments) and/
35882 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

or medical facilities sponsored, owned,

and operated by the Sponsor, the

Sponsor’s past or current involvement

in any programs other than housing that

demonstrates the Sponsor’s

management capabilities and

experience, and the Sponsor’s

experience in serving persons with

disabilities and minorities.

(d) A description of Sponsor’s

participation in joint ventures and

experience in contracting with minorityowned businesses, women-owned

businesses, and small businesses over

the last three years, including a

description of the joint venture, partners

and the Sponsor’s involvement and a

summary of the total contract amounts

awarded in each of the three categories

for the preceding three years, and the

percentage that amount represents of all

contracts awarded by the Sponsor in the

relevant time period;

(e) A certified Board Resolution

acknowledging responsibilities of

sponsorship, long-term support of the

project(s), willingness of Sponsor to

assist the Owner to develop, own,

manage and provide appropriate

services in connection with the

proposed project, and that it reflects the

will of its membership. Also, evidence,

in the form of a certified Board

Resolution, of the Sponsor’s willingness

to fund the estimated start-up expenses,

the Minimum Capital Investment (onehalf of one-percent of the HUDapproved capital advance, not to exceed

$10,000), and the estimated cost of any

amenities or features (and operating

costs related thereto) that would not be

covered by the approved capital

advance;

(f) Description, if applicable, of the

Sponsor’s efforts to involve persons

with disabilities in the development of

the application, as well as its intent to

involve persons with disabilities in the

implementation of the program.

4. Project information including the

following:

(a) Evidence of need for supportive

housing. An identification of the

proposed population and evidence

demonstrating sustained effective

demand for the housing for the

proposed population in the area to be

served, such as a description of market

conditions in existing Federally assisted

housing for persons with disabilities

(occupancy, waiting lists, etc.), State or

local needs assessments of persons with

disabilities in the area, the types of

supportive services arrangements

currently available in the area, and the

use of such services as evidenced by

data from local social service agencies.

(b) Description of the project,

including the following:

(1) Number and type of structure(s),

number of bedrooms if group home,

number of units with bedroom

distribution if independent living units

(including condos), number of residents

with disabilities, and resident staff per

structure.

(2) An identification of all community

spaces, amenities, or features planned

for the housing. A description of how

the spaces, amenities, or features will be

used, and the extent to which they are

necessary to accommodate any special

needs of the proposed residents. If these

community spaces, amenities, or

features would not comply with the

project design and cost standards of

§ 891.120 and the special project

standards of § 891.310, the Sponsor

must demonstrate its ability and

willingness to contribute both the

incremental development cost and

continuing operating cost associated

with the community spaces, amenities,

or features; and

(3) Description of whether and how

the project will promote energy

efficiency, and, if applicable, innovative

construction or rehabilitation methods

or technologies to be used that will

promote efficient construction.

(c) A supportive services plan (a copy

of which must be sent to the appropriate

State or local agency as instructed in

section IV.C., below, of this NOFA) that

includes:

(1) A detailed description of whether

the housing is intended to serve persons

with physical, mental, or emotional

impairments, developmental

disabilities, or chronic mental illness.

Include how and from whom/where

persons will be referred and admitted to

the project. The Sponsor may, with the

approval of the Secretary, limit

occupancy within housing developed

under this part to persons with

disabilities who have similar disabilities

and require a similar set of supportive

services in a supportive housing

environment. However, no otherwise

qualified individual, regardless of

disability, may be denied occupancy if

the person can benefit from the housing

and/or services provided.

(2) A detailed description of any

supportive service needs of the

proposed population and the extent to

which the supportive services will be

needed.

(3) The manner in which such

services will be provided, either by

residents taking responsibility for

acquiring their own services, to the

extent needed, on an individual basis,

or by a comprehensive service plan

organized by the Sponsor.

(4) If services will be organized or

provided by the Sponsor, include the

following:

(i) The name(s) of the agency(s) (if

other than the Sponsor) that will be

responsible for providing the supportive

services;

(ii) The evidence of each service

provider’s capability and experience in

providing such supportive services;

(iii) A description of how, when, how

often, and where (on/off-site) the

services will be provided;

(iv) A description of residential staff,

if needed;

(v) Identification of the extent of State

and local funds to assist in the provision

of supportive services;

(vi) Letters of intent from service

providers or funding sources, indicating

commitments to fund or to provide the

supportive services, or indication that a

particular service will be available to

proposed residents. If the Sponsor will

be providing any supportive services or

will be coordinating the provision of

any of the supportive services, a letter

indicating its commitment to either

provide the supportive services or

ensure their provision for the life of the

project;

(vii) If any State or local government

funds will be provided, a description of

the State or local agency’s philosophy/

policy concerning residential facilities

for the population to be served, and a

demonstration by the Sponsor that the

application is consistent with State or

local plans and policies governing the

development and operation of facilities

for the same disabled population.

(5) If the proposed residents will be

taking responsibility for acquiring their

own supportive services, a description

of appropriate services in the

community from which the residents

can choose.

(6) Assurances that the proposed

residents will receive supportive

services based on their individual

needs, and a commitment that accepting

supportive services will not be a

condition of occupancy.

(7) Form HUD–92013E, Supplemental

Application Processing Form—Housing

for Persons with Disabilities. Identify all

supportive services, if any, to be

provided to the persons occupying such

housing.

(d) Supportive Services Certification.

A certification from the appropriate

State or local agency identified in the

Application Package that the provision

of supportive services is well designed

to serve the special needs of persons

with disabilities, that the necessary

supportive services will be provided on

a consistent, long-term basis, and that

the proposed facility is consistent with
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35883

State or local plans and policies

governing the development and

operation of facilities to serve

individuals of the proposed occupancy

category. (The name, address, and

telephone number of the appropriate

agency can be obtained from the

appropriate HUD Office.)

(e) Evidence of control of an

approvable site, or identification of a

site for which the Sponsor provides

reasonable assurances that it will obtain

control within 6 months from the date

of fund reservation (if Sponsor is

approved for funding).

(1) If the Sponsor has control of the

site, it must submit the following

information:

(i) Evidence that the Sponsor has

entered into a legally binding option

agreement (which extends through the

end of the current fiscal year and

contains a renewal provision so that the

option can be renewed for at least an

additional six months) to purchase or

lease the proposed site; or has a copy of

the contract of sale for the site, a deed,

long-term leasehold, a request with all

supporting documentation, submitted

either prior to or with the Application

for Capital Advance, for a partial release

of a site covered by a mortgage under a

HUD program, or other evidence of legal

ownership of the site (including

properties to be acquired from the RTC/

FDIC). The Sponsor must also identify

any restrictive covenants, including

reverter clauses. In the case of a site to

be acquired from a public body,

evidence that the public body possesses

clear title to the site, and has entered

into a legally binding agreement to lease

or convey the site to the Sponsor after

it receives and accepts a notice of

Section 811 capital advance, and

identification of any restrictive

covenants, including reverter clauses.

However, in localities where HUD

determines that the time constraints of

the funding round will not permit all of

the required official actions (e.g.,

approval of Community Planning

Boards) that are necessary to convey

publicly-owned sites, a letter in the

application from the mayor or director

of the appropriate local agency

indicating their approval of conveyance

of the site contingent upon the

necessary approval action is acceptable

and may be approved by the HUD Office

if it has satisfactory experience with

timely conveyance of sites from that

public body. In such cases,

documentation shall also include a copy

of the public body’s evidence of

ownership and identification of any

restrictive covenants, including reverter

clauses.

Note: A proposed project site may not be

acquired or optioned from a general

contractor (or its affiliate) that will construct

the section 811 project or from any other

development team member.

(ii) Evidence that the project as

proposed is permissible under

applicable zoning ordinances or

regulations, or a statement of the

proposed action required to make the

proposed project permissible and the

basis for belief that the proposed action

will be completed successfully before

the submission of the commitment

application (e.g., a summary of the

results of any requests for rezoning on

land in similar zoning classifications

and the time required for such rezoning,

preliminary indications or acceptability

from zoning bodies, etc.).

(iii) Narrative description of site and

area surrounding the site, characteristics

of neighborhood, how the site will

promote greater housing opportunities

for minorities, and any other

information that affects the suitability of

the site for persons with disabilities and

including:

(A) A statement that the Sponsor is

willing to seek a different site if the

preferred site is unapprovable and that

site control will be obtained within six

months of notification of fund

reservation;

(B) A map showing the location of the

site and the racial composition of the

neighborhood, with the area of racial

concentration delineated;

(C) A Transaction Screen Process, in

accordance with the American Society

for Testing and Material (ASTM)

Standards E 1528–93 and E 1527–93, as

amended. If the completion of the

Transaction Screen Questionnaire

results in either a ‘‘yes’’ or ‘‘unknown’’

response, further study is required, and

the Sponsor must complete a Phase I

Environmental Site Assessment in

accordance with the ASTM and submit

it with the application. Sponsors may

choose to automatically complete a

Phase I Environmental Site Assessment

in lieu of completing the Transaction

Screen Questionnaire. If the Phase I

study indicates the possible presence of

contamination and/or hazards, further

study must be undertaken. At this point,

the Sponsor must decide whether to

continue with this site or choose

another site. Should the Sponsor choose

another site, the same environmental

site assessment procedure identified

above must be followed for that site.

Since all Transaction Screen processes

and Phase I studies must be completed

and submitted with the application, it is

important that the Sponsor start the site

assessment process as soon after the

publication of this NOFA as possible.

If the Sponsor chooses to continue

with the original site, then it must

undertake a detailed Phase II

Environmental Site Assessment by an

appropriate professional.

Note: This could be an expensive

undertaking. The cost of the study will be

borne by the sponsor if the application is not

selected.

If the Phase II Assessment reveals site

contamination, the extent of the

contamination and a plan for clean-up

of the site must be submitted to the local

HUD Office. The plan for clean-up must

include a contract for remediation of the

problem(s) and an approval letter from

the applicable Federal, State, and/or

local agency with jurisdiction over the

site. In order for the application to be

considered for review under this FY

1996 funding, this information would

have to be submitted to the local HUD

Office no later than thirty days after the

application submission deadline date.

Note: For properties to be acquired from

the RTC/FDIC, include a copy of the RTC/

FDIC prepared Transaction Screen Checklist

or Phase I Environmental Site Assessment,

and applicable documentation, per the RTC/

FDIC Environmental Guidelines.

(D) If an exception to the project size

limits found in section IV.D., below, of

this NOFA is being requested, describe

why the site was selected and

demonstrate the following:

(i) The increased number of people is

necessary for the economic feasibility of

the project;

(ii) The project is compatible with

other residential development and the

population density of the area in which

the project is to be located;

(iii) The increased number of people

will not prohibit their successful

integration into the community;

(iv) The project is marketable in the

community;

(v) The size of the project is consistent

with State and/or local policies

governing similar facilities for the

proposed population; and

(vi) A statement that the Sponsor is

willing to have its application processed

at the project size limit should HUD not

approve the exception.

(D) If applicable, identify whether the

site for the proposed project is located

within the boundaries of a Place Based

Community Revitalization Area, as

defined above. If the site is in a Place

Based Community Revitalization Area,

briefly summarize the locally developed

strategy for the area involving items

such as physical improvements,

necessary public facilities and services,

private investment and citizen self-help

activities.
35884 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

(2) If the Sponsor has identified a site,

but does not have it under control, it

must submit the following information:

(i) A description of the location of the

site, including its street address and

unit number (if condominium),

neighborhood/community

characteristics (to include racial and

ethnic data), amenities, adjacent

housing and/or facilities, how the site

will promote greater housing

opportunities for minorities, and any

other information that affects the

suitability of the site for persons with

disabilities;

(ii) A description of the activities

undertaken to identify the site, as well

as what actions must be taken to obtain

control of the site, if approved for

funding;

(iii) An indication as to whether the

site is properly zoned. If it is not, an

indication of the actions necessary for

proper zoning and whether these can be

accomplished within six months of fund

reservation award, if approved for

funding;

(iv) A status of the sale of the site; and

(v) An indication as to whether the

site would involve relocation.

(f) Statements of support for the

proposed project from nongovernmental

organizations familiar with the needs of

the population it would serve, any

sources of local funds to serve the

project, minority support, and how long

the Sponsor has been in existence

(include any additional related

information).

(g) For group homes to be licensed as

intermediate care facilities (in which

funding for the intermediate care is

provided under Title XIX of the Social

Security Act) that serve persons with

developmental disabilities, the

following must be submitted:

(1) Evidence demonstrating that the

proposed project will primarily provide

housing rather than medical facilities,

and is or will be licensed by appropriate

State agencies;

(2) Description of the medical training

of the staff of the proposed facility and

any nursing services that will be

required by the residents on-site;

(3) Description of the services that

will be funded by Medicaid for

residents of the proposed project,

including their nature, frequency, and

where the services are to be provided;

(4) Description of any special design

features proposed for the group home

that are not common to other Section

811 group homes for the proposed

population, and the Sponsor’s rationale

for including them;

(5) Written evidence from the State

Medicaid Office that it recognizes the

need for a tenant contribution to rent

and has agreed to pay the cost of the

tenant contribution in the Medicaid

payment to the Owner; and

(6) Statement certifying that the

Individual Program Plan for each

resident will include participation in an

out-of-the-home activity program for at

least six hours each weekday.

5. A list of the applications, if any, the

Sponsor has submitted or is planning to

submit to any other HUD Office in

response to this NOFA or the NOFA for

Supportive Housing for the Elderly

(published elsewhere in today’s Federal

Register). Indicate, by HUD Office, the

number of units requested and the

proposed location by city and State for

each application. Also, a list of all FY

1995 and prior year projects to which

the Sponsor(s) is a party, identified by

project number and HUD Office, which

have not been finally closed.

6. HUD–2880, Applicant/Recipient

Disclosure/Update Report including

Social Security Numbers and Employee

Identification Numbers.

7. E.O. 12372. A certification that the

Sponsor has submitted a copy of its

application, if required, to the State

agency (single point of contact) for State

review in accordance with Executive

Order 12372.

8. A statement that: (a) identifies all

persons (families, individuals,

businesses, and nonprofit organizations)

by race/minority group and status as

owners or tenants occupying the

property on the date of submission of

the application for a capital advance; (b)

indicates the estimated cost of

relocation payments and other services;

and (c) identifies the staff organization

that will carry out the relocation

activities. (This requirement applies to

applications with site control only.

Sponsors of applications with identified

sites that are selected will be required

to submit this information at a later date

once they have obtained site control.)

Note: If any of the relocation costs will be

funded from sources other than the section

811 capital advance, the sponsor must

provide evidence of a firm commitment of

these funds. When evaluating applications,

HUD will consider the total cost of proposals

(i.e., cost of site acquisition, relocation,

construction and other project costs).

9. SF–424. A certification on SF–424,

Application for Federal Assistance, that

the Sponsor(s) is not delinquent on the

repayment of any Federal debt.

10. Disclosure of Lobbying Activities.

If the amount applied for is greater than

$100,000, the certification with regard

to lobbying required by 24 CFR part 87

must be included. If the amount applied

for is greater than $100,000 and the

applicant has made or has agreed to

make any payment using

nonappropriated funds for lobbying

activity, as described in 24 CFR part 87,

the submission must also include SF

LLL, Disclosure of Lobbying Activities.

The applicant determines if the

submission of the SF LLL is applicable.

11. Certification of Consistency with

the Consolidated Plan (Plan) for the

jurisdiction in which the proposed

project will be located must be

submitted by the Sponsor. The

certification must be made by the unit

of general local government if it is

required to have, or has, a complete

Plan. Otherwise the certification may be

made by the State, or if the project will

be located in a unit of general local

government authorized to use an

abbreviated strategy, by the unit of

general local government if it is willing

to prepare such a Plan.

All certifications must be made by the

public official responsible for

submitting the Plan to HUD. The

certifications must be submitted as part

of the application by the application

submission deadline date set forth in

this NOFA. The Plan regulations are

published in 24 CFR part 91.

12. Sponsor Certifications

(a) A certification of the Sponsor(s)’

intent to comply with section 504 of the

Rehabilitation Act of 1973 (29 U.S.C.

794) and the implementing regulations

at 24 CFR part 8; the Fair Housing Act

(42 U.S.C. 3600–3619) and the

implementing regulations at 24 CFR

parts 100, 108, 109, and 110; Title VI of

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

2000d) and the implementing

regulations at 24 CFR part 1; section 3

of the Housing and Urban Development

Act of 1968 (12 U.S.C. 1701u) and the

implementing regulations at 24 CFR part

135; the Age Discrimination Act of 1975

(42 U.S.C. 6101–6107) and the

implementing regulations at 24 CFR part

146; Executive Order 11246 (as

amended) and the implementing

regulations at 41 CFR Chapter 60; the

regulations implementing Executive

Order 11063 (Equal Opportunity in

Housing) at 24 CFR part 107; the

Americans with Disabilities Act (42

U.S.C. 12101 et seq.) to the extent

applicable; the affirmative fair housing

marketing requirements of 24 CFR part

200, subpart M and the implementing

regulations at 24 CFR part 108; and

other applicable Federal, State, and

local laws prohibiting discrimination

and promoting equal opportunity.

(b) A certification that the Sponsor(s)

will comply with the requirements of

the Drug-Free Workplace Act.

(c) A certification that the project will

comply with HUD’s project design and

cost standards and special project

standards; the Uniform Federal
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35885

Accessibility Standards and HUD’s

implementing regulations at 24 CFR part

40; section 504 of the Rehabilitation Act

of 1973 and HUD’s implementing

regulations at 24 CFR part 8; and for

covered multifamily dwellings designed

and constructed for first occupancy after

March 13, 1991, the design and

construction requirements of the Fair

Housing Act and HUD’s implementing

regulations at 24 CFR part 100; and the

Americans with Disabilities Act of 1990.

(d) A certification by the Sponsor(s)

that it will comply (or has complied)

with the acquisition and relocation

requirements of the Uniform Relocation

Assistance and Real Property

Acquisition Policies Act of 1970, as

amended (URA), implemented by

regulations at 49 CFR part 24, and 24

CFR 891.155(e).

(e) A certification by the Sponsor(s)

that it will form an Owner (as defined

in 24 CFR 891.305) after the issuance of

the capital advance, will cause the

Owner to file a request for

determination of eligibility and a

request for capital advance, and will

provide sufficient resources to the

Owner to insure the development and

long-term operation of the project.

(f) A certification that the Sponsor

will comply with the requirements of

the Lead-Based Paint Poisoning

Prevention Act (42 U.S.C. 4821–4846)

and implementing regulations at 24 CFR

part 35 (except as superseded in 24 CFR

891.325).

(g) A certification that the Sponsor

will not require residents to accept any

supportive services as a condition of

occupancy.

IV. Additional Information

A. Development Cost Limits

(a) The following development cost

limits, adjusted by locality as described

in (b) below, shall be used to determine

the capital advance amount to be

reserved for projects for persons with

disabilities:

(1) For independent living facilities:

The total development cost of the

property or project attributable to

dwelling use (less the incremental

development cost and the capitalized

operating costs associated with any

excess amenities and design features to

be paid for by the Sponsor) may not

exceed:

Non-elevator structures:

$28,032 per family unit without a

bedroom;

$32,321 per family unit with one

bedroom;

$38,979 per family unit with two

bedrooms;

$49,893 per family unit with three

bedrooms;

$55,583 per family unit with four

bedrooms.

For elevator structures:

$29,500 per family unit without a

bedroom;

$33,816 per family unit with one

bedroom;

$41,120 per family unit with two

bedrooms;

$53,195 per family unit with three

bedrooms;

$58,392 per family unit with four

bedrooms.

(2) For group homes only:

Number residents

Type of Disability

Physical/developmental

Chronic

mental illness

3 ........................ $128,710 $124,245

4 ........................ 137,730 131,980

5 ........................ 146,750 139,715

6 ........................ 155,760 147,450

7 ........................ 162,876 153,576

8 ........................ 168,126 157,731

These cost limits reflect those costs

reasonable and necessary to develop a

project of modest design that complies

with HUD minimum property

standards; the minimum group home

requirements of § 891.310(a); the

accessibility requirements of

§§ 891.120(b) and 891.310(b); and the

project design and cost standards of

§ 891.120.

(b) Increased development cost limits.

(1) HUD may increase the

development cost limits set forth in

paragraphs (a) (1) and (2) above by up

to 140 percent in any geographic area

where the cost levels require, and may

increase the development cost limits by

up to 160 percent on a project-by-project

basis.

(2) If HUD finds that high

construction costs in Alaska, Guam,

Virgin Islands or Hawaii make it

infeasible to construct dwellings,

without the sacrifice of sound standards

of construction, design, and livability,

within the development cost limits

provided in paragraphs (a) (1) and (2) of

this section, the amount of capital

advances may be increased to

compensate for such costs. The increase

may not exceed the limits established

under this section (including any high

cost area adjustment) by more than 50

percent.

(3) For group homes only, HUD

Offices may approve increases in the

development cost limits in paragraph

(a)(2) above, in areas where Sponsors

can provide sufficient documentation

that high land costs limit or prohibit

project feasibility. An example of

acceptable documentation is evidence of

at least three land sales which have

actually taken place (listed prices for

land are not acceptable) within the last

two years in the area where the project

is to be built. The average cost of the

documented sales must exceed seven

percent of the development cost limit

for which the project in question is

eligible in order for an increase to be

considered.

B. Sites

The National Affordable Housing Act

requires Sponsors submitting

applications for Section 811 fund

reservations to provide either (a)

evidence of site control, or (b)

reasonable assurances that it will have

control of a site within six months of

notification of fund reservation.

Accordingly, if a Sponsor has control of

a site at the time it submits its

application, it must include evidence of

such as described in the Application

Package. If it does not have site control,

it must provide the information required

in the application for identified sites as

a reasonable assurance that site control

will be obtained within six months of

fund reservation notification.

Sponsors may select a site different

from the one(s) submitted in their

original applications if the original site

is not approvable. Selection of a

different site will require HUD

performance of an environmental

review on the new site, which could

result in rejection of that site. However,

if a Sponsor does not have site control

for any reason 12 months after

notification of fund reservation, the

assistance will be recaptured and

reallocated.

Sponsors submitting satisfactory

evidence of an approvable site (i.e., site

control) will have 10 bonus points

added to the rating of their applications.

Sponsors submitting proper

identification of a site will not be

eligible for the 10 bonus points.

Applications containing evidence of

site control where either the evidence or

the site is not approvable will not be

rejected provided the application

indicates the Sponsor’s willingness to

select another site and an assurance that

site control will be obtained within six

months of fund reservation notification.

In the case of a scattered site

application submitted with evidence of

site control for all of the sites, the

evidence must be satisfactory for each

site, and all the sites must be approvable

for the application to receive the 10

bonus points for site control. The same

applies to a scattered site application in

which the Sponsor has control of some

of the sites but has only identified
35886 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

others. It would also not be eligible for

the 10 bonus points for site control.

C. Supportive Services

The National Affordable Housing Act

requires Sponsors submitting

applications for Section 811 fund

reservations to include a supportive

services plan and a certification from

the appropriate State or local agency

that the provision of services identified

in the supportive services plan is well

designed to serve the special needs of

persons with disabilities. Paragraph

III.B.4.(c) above outlines the information

that must be in the Supportive Services

Plan. Sponsors must submit one copy of

their Supportive Services Plans to the

appropriate State or local agency well in

advance of the application submission

deadline date in order for the State or

local agency to review the Supportive

Services Plan and complete the

Supportive Services Certification

(Paragraph III.B.4(d) above, to be

supplied by the Sponsor from the

Application Package received from the

HUD Office) and return it to the Sponsor

for inclusion with the application

submission to HUD.

Since the appropriate State or local

agency will review the Supportive

Services Plan on behalf of HUD, the

Supportive Services Certification, in

addition to the indication as to whether

the provision of supportive services is

well designed, will indicate whether the

Sponsor demonstrated that necessary

supportive services will be provided on

a consistent, long-term basis. If HUD

receives an application in which the

Supportive Services Certification is

missing, is received by HUD after the

deficiency period, or indicates that

either the provision of services is not

well designed to meet the special needs

of persons with disabilities, the

proposed facility is not consistent with

the agency’s plans/policies governing

the development and operation of

facilities to serve the proposed

population and the agency will be a

major funding or referral source for the

proposed project, or that the Sponsor

failed to demonstrate that any necessary

services will be provided on a

consistent, long-term basis, the

application shall be rejected.

HUD recognizes that there will be

varying degrees of need for supportive

services by the potential residents of

Section 811 housing, even to the degree

of needing no special services at all.

Sponsors must describe this in the

application, in Exhibit 4. A Sponsor

proposing to serve persons with

disabilities who need few, if any,

special services will not have its

application penalized as a result. In

addition, Sponsors may not require

residents, as a condition of occupancy,

to accept any supportive service.

D. Project Size Limits

1. Group home—The minimum

number of persons with disabilities that

can be housed in a group home is three

and the maximum number is eight.

2. Independent living facility—The

minimum number of units that can be

applied for in one application is five.

The maximum number of persons with

disabilities that can be housed in an

independent living facility is 24.

3. Exceptions—Sponsors may request

an exception to the above project size

limits by providing the information

required in the Application Package and

as outlined in section III. B. 4.(e)(iii)(D)

above.

V. Other Matters

A. Environmental Impact

A Finding of No Significant Impact

with respect to the environment has

been made in accordance with HUD

regulations that implement section

102(2)(C) of the National Environmental

Policy Act of 1969 (42 U.S.C. 4332). The

Finding of No Significant Impact 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. This

NOFA announces the availability of

funds for supportive housing for

persons with disabilities.

B. Federalism Executive Order

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that this NOFA does not

have substantial direct effects on States

or their political subdivisions, or on the

relationship between the Federal

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. This NOFA

merely notifies the public of the

availability of capital advances for

supportive housing for persons with

disabilities.

C. Family Executive Order

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this NOFA does not

have the potential for significant impact

on family formation, maintenance, or

general well-being. This NOFA may

have a positive though indirect effect on

families, to the extent that families will

benefit from the provision of supportive

housing for persons with disabilities.

Since any effect on families is

beneficial, this NOFA is not subject to

review under the Order.

D. Accountability in the Provision of

HUD Assistance

HUD has promulgated a final rule to

implement section 102 of the

Department of Housing and Urban

Development Reform Act of 1989 (HUD

Reform Act). This final rule is codified

at 24 CFR part 12. Section 102 contains

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 in the Federal

Register (57 FR 1942) additional

information that gave the public

(including applicants for, and recipients

of, HUD assistance) further information

on the implementation, public access,

and disclosure requirements of section

102. The documentation, public access,

and disclosure requirements of section

102 are applicable to 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 fiveyear 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. (See 24 CFR 12.14(a) and 12.16(b),

and the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

requirements.)

2. 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 report—

both applicant disclosures and

updates—will be made available in

accordance with the Freedom of
Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35887

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

HUD’s implementing regulations at 24

CFR part 15. (See 24 CFR subpart C, and

the notice published in the Federal

Register on January 16, 1992 (57 FR

1942), for further information on these

disclosure requirements.)

E. Prohibition Against Advance

Information on Funding Decisions

HUD’s regulation implementing

section 103 of the Department of

Housing and Urban Development

Reform Act of 1989, codified as 24 CFR

part 4, applies to the funding

competition announced today. The

requirements of the rule 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 part 4

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 24 CFR part 4.

Applicants or employees who have

ethics related questions should contact

the HUD Office of Ethics (202) 708–3815

(TTY/Voice). (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.

F. Prohibition Against Lobbying

Activities

The use of funds awarded under this

NOFA is subject to the disclosure

requirements and prohibitions of

Section 319 of the Department of

Interior and Related Agencies

Appropriations Act for Fiscal Year 1990

(31 U.S.C. 1352) (the Byrd Amendment)

and the implementing regulations at 24

CFR part 87. These authorities prohibit

recipients of Federal contracts, grants,

or loans from using appropriated funds

for lobbying the executive or legislative

branches of the Federal Government in

connection with a specific contract,

grant, or loan. The prohibition also

covers the awarding of contracts, grants,

cooperative agreements, or loans unless

the recipient has made an acceptable

certification regarding lobbying. Under

24 CFR part 87, applicants, recipients,

and subrecipients of assistance

exceeding $100,000 must certify that no

Federal funds have been or will be spent

on lobbying activities in connection

with the assistance.

G. Catalog of Federal Domestic

Assistance Program

The Catalog of Federal Domestic

Assistance Program title and number are

14.181, Supportive Housing for Persons

with Disabilities.

Authority: Section 811, National

Affordable Housing Act, as amended (42

U.S.C. 1803), Section 7(d), Department of

Housing and Urban Development Act (42

U.S.C. 3535(d)).

Dated: June 27, 1996.

Nicolas P. Retsinas,

Assistant Secretary for Housing—Federal

Housing Commissioner.

Appendix A—HUD Offices

Note: The first line of the mailing address

for all offices is U.S. Department of Housing

and Urban Development. Telephone numbers

listed are not toll-free.

HUD—New England Area

Connecticut State Office, First Floor, 330

Main Street, Hartford, CT 06106–1860,

(203) 240–4523

Massachusetts State Office, Room 375,

Thomas P. O’Neill, Jr. Federal Building, 10

Causeway Street, Boston, MA 02222–1092,

(617) 565–5234

New Hampshire State Office, Norris Cotton

Federal Building, 275 Chestnut Street,

Manchester, NH 03101–2487, (603) 666–

7681

Rhode Island State Office, Sixth Floor, 10

Weybosset Street, Providence, RI 02903–

3234, (401) 528–5351

HUD—New York, New Jersey Area

New Jersey State Office, Thirteenth Floor,

One Newark Center, Newark, NJ 07102–

5260, (201) 622–7900

New York State Office, 26 Federal Plaza, New

York, NY 10278–0068, (212) 264–6500

Buffalo Area Office, Fifth Floor, Lafayette

Court, 465 Main Street, Buffalo, NY 14203–

1780, (716) 551–5755

HUD—MIDATLANTIC AREA

District of Columbia Office, 820 First Street,

NE, Washington, D.C. 20002–4502, (202)

275–9200

Maryland State Office, Fifth Floor, City

Crescent Building, 10 South Howard

Street, Baltimore, MD 21201–2505, (410)

962–2520

Pennsylvania State Office, The Wanamaker

Building, 100 Penn Square East,

Philadelphia, PA 19107–3390, (215) 656–

0600

Virginia State Office, The 3600 Centre, 3600

West Broad Street, P.O. Box 90331,

Richmond, VA 23230–0331, (804) 278–

4507

West Virginia State Office, Suite 708, 405

Capitol Street, Charleston, WV 25301–

1795, (304) 347–7000

Pittsburgh Area Office, 339 Sixth Avenue,

Sixth Floor, Pittsburgh, PA 15222–2515,

(412) 644–6428

HUD—Southeast/Caribbean Area

Alabama State Office, Suite 300, Beacon

Ridge Tower, 600 Beacon Parkway, West,

Birmingham, AL 35209–3144, (205) 290–

7617

Caribbean Office, New San Juan Office

Building, 159 Carlos Chardon Avenue, San

Juan, PR 00918–1804, (809) 766–6121

Georgia State Office, Richard B. Russell

Federal Building, 75 Spring Street, S.W.,

Atlanta, GA 30303–3388, (404) 331–5136

Kentucky State Office, 601 West Broadway,

P.O. Box 1044, Louisville, KY 40201–1044,

(502) 582–5251

Mississippi State Office, Suite 910, Doctor

A.H. McCoy Federal Building, 100 West

Capitol Street, Jackson, MS 39269–1096,

(601) 965–5308

North Carolina State Office, Koger Building,

2306 West Meadowview Road, Greensboro,

NC 27407–3707, (919) 547–4001

South Carolina State Office, Strom

Thurmond Federal Building, 1835–45

Assembly Street, Columbia, SC 29201–

2480, (803) 765–5592

Tennessee State Office, Suite 200, 251

Cumberland Bend Drive, Nashville, TN

37228–1803, (615) 736–5213

Jacksonville Area Office, Suite 2200,

Southern Bell Tower, 301 West Bay Street,

Jacksonville, FL 32202–5121, (904) 232–

2626

Knoxville Area Office, Third Floor, John J.

Duncan Federal Building, 710 Locust

Street, Knoxville, TN 37902–2526, (615)

545–4384

HUD—Midwest Area,

Illinois State Office, Ralph H. Metcalfe

Federal Building, 77 West Jackson

Boulevard, Chicago, IL 60604–3507, (312)

353–5680

Indiana State Office, 151 North Delaware

Street, Indianapolis, IN 46204–2526, (317)

226–6303

Michigan State Office, Patrick V. McNamara

Federal Building, 477 Michigan Avenue,

Detroit, MI 48226–2592, (313) 226–7900

Minnesota State Office, 220 Second Street,

South, Minneapolis, MN 55401–2195,

(612) 370–3000

Ohio State Office, 200 North High Street,

Columbus, OH 43215–2499, (614) 469–

5737

Wisconsin State Office, Suite 1380, Henry S.

Reuss Federal Plaza, 310 West Wisconsin

Avenue, Milwaukee, WI 53203–2289, (414)

297–3214

Cincinnati Area Office, 525 Vine Street,

Seventh Floor, Cincinnati, OH 45202–

3188, (513) 684–2884

Cleveland Area Office, Fifth Floor,

Renaissance Building, 1350 Euclid

Avenue, Cleveland, OH 44115–1815, (216)

522–4065

Grand Rapids Area Office, Trade Center

Building, Third Floor, 50 Louis Street, NW,

Grand Rapids, MI 49503–2648, (616) 456–

2100

HUD—Southwest Area

Arkansas State Office, Suite 900, TCBY

Tower, 425 West Capitol Avenue, Little

Rock, AR 72201–3488, (501) 324–5931

Louisiana State Office, Ninth Floor, Hale

Boggs Federal Building, 501 Magazine
35888 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

Street, New Orleans, LA 70130–3099, (504)

589–7200

Oklahoma State Office, 500 Main Plaza, 500

West Main Street, Suite 400, Oklahoma

City, OK 73102–2233, (405) 553–7400

Texas State Office, 1600 Throckmorton

Street, P.O. Box 2905, Fort Worth, TX

76113–2905, (817) 885–5401

Houston Area Office, Suite 200, Norfolk

Tower, 2211 Norfolk, Houston, TX 77098–

4096, (713) 313–2274

San Antonio Area Office, Washington

Square, 800 Dolorosa Street, San Antonio,

TX 78207–4563, (210) 472–6800

HUD—Great Plains

Iowa State Office, Room 239, Federal

Building, 210 Walnut Street, Des Moines,

IA 50309–2155, (515) 284–4512

Kansas/Missouri State Office, Room 200,

Gateway Tower II, 400 State Avenue,

Kansas City, KS 66101–2406, (913) 551–

5462

Nebraska State Office, Executive Tower

Centre, 10909 Mill Valley Road, Omaha,

NE 68154–3955, (402) 492–3100

Saint Louis Area Field Office, Third Floor,

Robert A. Young Federal Building, 1222

Spruce Street, St. Louis, MO 63103–2836,

(314) 539–6583

HUD—Rocky Mountains Area

Colorado State Office, 633 17th Street,

Denver, CO 80202–3607, (303) 672–5440

HUD—Pacific/Hawaii Area

Arizona State Office, Suite 1600, Two

Arizona Center, 400 North 5th Street,

Phoenix, AZ 85004–2361, (602) 379–4434

California State Office, Philip Burton Federal

Building and U.S. Courthouse, 450 Golden

Gate Avenue, P.O. Box 36003, San

Francisco, CA 94102–3448, (415) 436–6532

Hawaii State Office, Suite 500, 7 Waterfront

Plaza, 500 Ala Moana Boulevard,

Honolulu, HI 96813–4918, (808) 522–8175

Los Angeles Area Office, 1615 West Olympic

Boulevard, Los Angeles, CA 90015–3801,

(213) 251–7122

Sacramento Area Office, Suite 200, 777 12th

Street, Sacramento, CA 95814–1997, (916)

498–5220

HUD—Northwest/Alaska Area

Alaska State Office, Suite 401, University

Plaza Building, 949 East 36th Avenue,

Anchorage, AK 99508–4399, (907) 271–

4170

Oregon State Office, 400 Southwest Sixth

Avenue, Suite 700, Portland, OR 97204–

1632, (503) 326–2561

Washington State Office, Suite 200, Seattle

Federal Office Building, 909 First Avenue,

Seattle, WA 98104–1000, (206) 220–5101.

[FR Doc. 96–17260 Filed 7–5–96; 8:45 am]

BILLING CODE 4210–27–P