29504 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

HUD’s FY2009 NOFAs for Discretionary 

Programs published on December 29, 

2008 (73 FR 79548), as amended on 

April 16, 2009 (74 FR 17685). 

Applicants should take particular note 

that they should follow the application 

submission instructions contained in 

this NOFA and not use those in the 

General section. The notice providing 

information regarding the application 

process, funding criteria and eligibility 

requirements is available on the HUD 

Web site at http://www.hud.gov/offices/ 

adm/grants/fundsavail.cfm. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the Capacity 

Building NOFA program, a Community 

Planning and Development Specialist, 

Office of Rural Housing and Economic 

Development, Office of Community 

Planning and Development, Department 

Housing and Urban Development, 451 

Seventh Street, SW., Room 7137, 

Washington, DC 20410–7000; telephone 

(202) 708–2290 (this is not a toll-free 

number) or 1–877–787–2526 (this is a 

toll-free number). Persons with speech 

or hearing impairments may access this 

telephone number via TTY by calling 

the toll-free Federal Information Relay 

Service during working hours at 800– 

877–8339. 

Dated: May 20, 2009. 

Nelson R. Brego`n, 

General Deputy Assistant Secretary for 

Community Planning and Development. 

[FR Doc. E9–14632 Filed 6–19–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5332–N–01] 

Proposed Notice of Funding 

Availability (NOFA) for HUD’s Fiscal 

Year (FY) 2009 Rental Assistance for 

Non-Elderly Persons With Disabilities; 

Request for Comments 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Proposed notice of HUD’s Fiscal 

Year 2009 Notice of Funding 

Availability (NOFA) for Rental 

Assistance for Non-Elderly Persons with 

Disabilities and request for comments. 

SUMMARY: The Omnibus Appropriations 

Act, 2009 (Pub. L. 111–8) makes 

available $30 million for incremental 

Section 8 Housing Choice Vouchers 

(HCV) for non-elderly disabled families 

served by entities (which this NOFA 

will limit to public housing agencies 

(PHAs)) with demonstrated experience 

and resources for supportive services). 

This money should fund approximately 

4,000 HCVs. Approximately 25 percent 

($7,500,000 and 1,000 HCVs) will be 

made available for non-elderly families 

transitioning out of nursing homes and 

other institutions into the community. 

To permit the Department to better 

design the distribution of this 

assistance, particularly as it relates to 

transitioning non-elderly disabled 

families out of nursing homes and other 

institutions and the NOFA’s tie-in to the 

Money Follows the Person (MFP) 

Demonstration administered by the 

Department of Health and Human 

Services, HUD is soliciting public 

comment. Comments addressing the 

threshold factors used to distribute this 

assistance and whether HUD should 

establish a more performance-based 

method for distributing vouchers, and 

how the State institutional transition 

programs such as the MFP 

Demonstration can work effectively 

with the PHAs that are awarded 

vouchers for this purpose are also 

welcome. All comments will be 

considered during the development of 

the final NOFA published by HUD. 

DATES: Comment Due Date: July 13, 

2009. 

ADDRESSES: Interested persons are 

invited to submit comments to the U.S. 

Department of Housing and Urban 

Development, Office of Public and 

Indian Housing, Housing Voucher 

Management and Operations Division, 

451 7th Street, SW., Room 4210, 

Washington, DC 20410, ATTN: Phyllis 

Smelkinson. Individuals interested in 

submitting comments electronically 

may forward them by e-mail to 

NEDVoucherNOFA@hud.gov. All 

comments must refer to the above 

docket number and title. Facsimile 

(FAX) comments will not be accepted. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding specific HCV 

program requirements should be 

directed to Phyllis Smelkinson by 

phone at (202) 402–4138 or by e-mail at 

Phyllis.A.Smelkinson@hud.gov or the 

NOFA Information Center at (800) 

HUD–8929 (toll-free). Persons with 

hearing or speech impairments may 

access these numbers via TTY by calling 

the Federal Information Relay Service at 

(800) 877–8339. The NOFA Information 

Center is open between the hours of 10 

a.m. and 6:30 p.m. eastern time, 

Monday through Friday, except Federal 

holidays. 

Overview Information 

A. Federal Agency Name: Department 

of Housing and Urban Development, 

Office of Public and Indian Housing. 

B. Funding Opportunity Title: Rental 

Assistance for Non-Elderly Persons 

With Disabilities. 

C. Announcement Type: Initial 

announcement. 

D. Funding Opportunity Number: 

OMB Approval Numbers applicable to 

this NOFA are 2577–0169 and 2577– 

0083 

E. Catalog of Federal Domestic 

Assistance (CFDA) Number(s): 14.871, 

Section 8 Housing Choice Vouchers. 

F. Dates: 

1. Application Receipt Requirements 

and Date: HUD is not currently 

accepting applications for this 

assistance. HUD will require applicants 

to submit applications electronically 

through Grants.gov. Please see the 

Notice of HUD’s Fiscal Year (FY) 2009 

Notice of Funding Availability (NOFA); 

Policy Requirements and General 

Section to HUD’s FY 2009 NOFAs for 

Discretionary Programs (General 

Section) published in the Federal 

Register on December 29, 2008 (73 FR 

79548), for information on the 

Grants.gov registration process. All 

applicants must have a DUN and 

Bradstreet Universal Numbering System 

(DUNS) number, have a current 

registration in the Central Contractor 

Registration (CCR), and be registered 

with Grants.gov to submit an 

application electronically. All 

applicants regardless of submission 

through Grants.gov or in paper format 

must have a DUNS number and be 

registered in CCR to receive an award of 

funds from HUD. See the General 

Section for further details. 

2. Estimated Grant Award Date. The 

estimated award date will be included 

in the final NOFA published by HUD. 

G. Additional Important Overview 

Information: 

1. Approximately $22,500,000 that 

will support about 3,000 HCVs under 

this NOFA will enable non-elderly 

disabled families on a PHA’s waiting list 

to access affordable housing (Category 

1). Approximately $7,500,000 that will 

support about 1,000 HCVs under this 

NOFA will enable non-elderly persons 

with disabilities to transition from 

nursing homes and other health care 

institutions into the community 

(Category 2). Individuals in Category 2 

must be admitted from the PHA’s 

waiting list and assisted through a 

preference as stated in the PHA’s 

Administrative Plan for transitioning 

persons from institutions. Any nonelderly disabled family or individual on 

the PHA waiting list is eligible for a 

Category 1 voucher, however, HUD 

encourages PHAs to consider 

establishing a selection preference to 

make some or all of its Category 1 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29505 

allocation available to disabled families 

or individuals that without housing 

assistance, are at risk of 

institutionalization. 

2. Application materials. The FY2009 

General Section and Notice of Funding 

Availability (NOFA) and application 

materials will be available for download 

via the Federal portal http:// 

www.grants.gov at http:// 

www.grants.gov/applicants/ 

apply_for_grants.jsp. 

Full Text of Announcement 

I. Funding Opportunity Description 

A. Available Funds 

This NOFA announces the availability 

of $30 million in one-year budget 

authority for HCVs for non-elderly 

disabled families which should fund 

approximately 4,000 vouchers. Of that 

amount, $22,500,000 will be allocated 

for non-elderly disabled families on the 

PHA’s waiting list and up to $7,500,000 

will be allocated for non-elderly 

disabled families transitioning from 

nursing homes and other institutions 

into the community. Any funds 

remaining unobligated under HUD’s FY 

2008 NOFAs entitled ‘‘Rental Assistance 

for Non-Elderly Persons with 

Disabilities in Support of Designated 

Housing Plans (Designated Housing)’’ 

(November 28, 2008, 73 FR 72513) or 

‘‘Rental Assistance for Non-Elderly 

Persons with Disabilities Related to 

Certain Types of Section 8 Project-Based 

Developments and Sections 202, 

221(d)(3), and 236 Developments 

(Certain Developments)’’ (November 28, 

2008, 73 FR 72507) will also be made 

available under this NOFA under 

Category 1. (Pursuant to the 

Consolidated Appropriations Act, 2008, 

any funds still remaining unobligated 

under the aforementioned NOFAs will 

be available for other non-elderly 

disabled families through a subsequent 

NOFA. Based on that authority, if there 

are any funds still remaining 

unobligated under those NOFAs, that 

funding will be assigned to Category 1 

under this NOFA.) 

B. Purpose of This Program 

HCVs under this NOFA will enable 

non-elderly disabled families to access 

affordable housing. 

C. Legal Authority 

See SUMMARY section above. 

D. Definitions of Terms 

The following definitions apply to 

funding available under this NOFA. 

1. Elderly Family 

A family whose head, spouse, or sole 

member is 62 years or older. It may 

include two or more elderly persons 

living together, or one or more elderly 

persons living with one or more persons 

determined under the public housing 

agency plan to be essential to their care 

or well being. 

2. Non-elderly Disabled Family 

A family that does not meet the 

definition of an elderly family whose 

head, spouse, or sole member is a 

person with disabilities. 

3. Person With Disabilities 

See definition under 24 CFR 5.403. 

4. Nursing Homes and/or Other 

Institutions 

This definition includes intermediate 

care facilities and specialized 

institutions that care for the mentally 

retarded, developmentally disabled or 

mentally ill, but excludes board and 

care facilities (e.g. adult homes, adult 

day care, adult congregate living). For 

full definitions of these eligible 

facilities, please reference Chapter 2 of 

Handbook 4600.1 REV–1: Section 232 

Mortgage Insurance for Residential Care 

Facilities. 

II. Award Information 

A. HCV Funding Process 

For each category, HUD will only 

fund one application per PHA under 

this announcement. This oneapplication-per-PHA limit under each 

category applies regardless of whether 

or not the PHA is a State or regional 

PHA. A PHA may submit an application 

for funding under Category 1 and an 

application for funding under Category 

2. 

1. Maximum Voucher Request 

A PHA may apply for a total of 10 

percent of its HCV authorized baseline 

units or 200 vouchers, whichever is less. 

The PHA may apply for both categories 

under this NOFA, but may not exceed 

the maximum voucher request. A 

separate application must be submitted 

for each category. For Category 2, the 

number of vouchers requested by the 

PHA may not exceed the number of 

vouchers that the partnering resource 

agency is projecting will be needed to 

assist transitioning individuals over a 

12-month period (see section IV.B.2.f. of 

this NOFA). 

2. Determination of Funding Amount for 

the Applicant’s Requested Number of 

Vouchers 

HUD’s Housing Voucher Financial 

Management Division will determine 

the amount of one-year budget authority 

that an applicant will be awarded under 

this NOFA based on the PHA’s per unit 

cost for 2009 renewal funding or 2010 

renewal funding, depending on the most 

recently available data. Administrative 

fees are not included in this funding 

and will be determined in accordance 

with section 10 of Public and Indian 

Housing (PIH) Notice 2008–15 (HA) or 

a subsequent administrative fee notice 

(a copy of all PIH notices referenced in 

this NOFA may be downloaded at 

http://www.hudclips.org). PIH Moving 

to Work (MTW) agencies will be funded 

under this NOFA in accordance with 

their MTW agreements. 

3. Unfunded Approvable Applications 

PHAs with approvable applications 

that are not funded in whole or in part 

due to insufficient funds available 

under this NOFA will not be funded. 

III. Eligibility Information 

A. Eligible Applicants 

PHAs that currently administer a HCV 

program are eligible to apply for funding 

under this NOFA. 

B. Cost Sharing or Matching 

None required. 

C. Other Requirements 

1. Eligible Activities 

HCVs awarded under this NOFA will 

be subject to all of the requirements of 

24 CFR part 982. MTW agencies may 

administer these vouchers in 

accordance with their MTW agreements 

unless they are inconsistent with 

Appropriations Act requirements or the 

requirements of this NOFA. The 

Omnibus Appropriations Act of 2009 

states that assistance made available 

under this section of the Act shall 

continue to remain available for nonelderly families upon turnover. 

Therefore, upon turnover, these 

vouchers (both Category 1 and Category 

2, as defined below, must be made 

available only to non-elderly disabled 

families on the PHA’s waiting list. Note 

that a Category 2 voucher does not 

necessarily have to be issued to another 

Category 2 family upon turnover, but 

must be re-issued to a non-elderly 

disabled family. 

2. Threshold Requirements 

a. All applicants must meet all 

threshold requirements provided in 

Section III.C of the General Section 

except for Section III.C.2.d and Section 

III.C.4.b., where the requirements under 

this NOFA are applicable as follows: 

(1) Section III.C.2.d. (Conducting 

Business in Accordance with Core 


pwalker on PROD1PC71 with NOTICES
29506 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

Values and Ethical Standards). To 

reflect core values, all applicant PHAs 

awarded under this NOFA shall develop 

and maintain a written code of conduct 

in the PHA’s administrative plan that: 

(a) Requires compliance with the 

conflict of interest requirements of the 

HCV program cited in 24 CFR 982.161; 

and (b) Prohibits the solicitation or 

acceptance of gifts or gratuities in excess 

of a nominal value by an officer or 

employee of the HA or any contractor, 

subcontractor, or agent of the PHA. The 

PHA’s administrative plan shall state 

the PHA policies concerning PHA 

administrative and disciplinary 

remedies for violation of the PHA code 

of conduct. The PHA shall inform all 

officers, employees and agents of its 

organization of the PHA’s code of 

conduct. 

(2). Section III.C.4.b. (Affirmatively 

Furthering Fair Housing). Prior to the 

application due date under this NOFA, 

each applicant must submit to the 

public housing director in the 

applicant’s local HUD field office an 

addendum to the applicant’s HCV 

administrative plan that outlines 

reasonable steps the applicant will take 

to affirmatively further fair housing in 

regard to the vouchers awarded under 

this NOFA. Reasonable steps must 

include informing affected applicants 

on how to file a fair housing complaint 

including the provision of the toll free 

number for the Housing Discrimination 

Hotline: 1–800–669–9777 and the 

Federal Information Relay Service at 

(800) 887–8339. 

Further, an applicant must comply 

with the affirmatively furthering fair 

housing requirements of 24 CFR Section 

903.7(o) by: (a) Examining its programs 

or proposed programs; (b) identifying 

any impediments to fair housing choice 

within those programs; (c) addressing 

those impediments in a reasonable 

fashion in view of the resources 

available; (d) working with local 

jurisdictions to implement any of the 

jurisdiction’s initiatives to affirmatively 

further fair housing that require the 

PHA’s involvement; and (e) maintaining 

records reflecting these analyses and 

actions. Further, applicant PHAs are 

encouraged to take the following 

proactive steps in addressing 

accessibility problems for persons with 

disabilities: (f) Where requested by an 

individual, assist program applicants 

and participants gain access to 

supportive services available within the 

community, but not require eligible 

applicants or participants to accept 

supportive services as a condition of 

continued participation in the program; 

(g) Identify public and private funding 

sources to assist participants with 

disabilities in covering the costs of 

structural alterations and other 

accessibility features that are needed as 

accommodations for their disabilities; 

(h) Not deny persons who qualify for a 

HCV under this program other housing 

opportunities, or otherwise restrict 

access to PHA programs to eligible 

applicants who choose not to 

participate; (i) Provide housing search 

assistance; (j) In accordance with rent 

reasonableness requirements, approve 

higher rents to owners that provide 

accessible units with structural 

modifications for persons with 

disabilities; and (k) Provide technical 

assistance, through referrals to local fair 

housing and equal opportunity offices, 

to owners interested in making 

reasonable accommodations or units 

accessible to persons with disabilities. 

b. Applications under this NOFA 

must also meet the following threshold 

requirements to be eligible for funding 

under this NOFA. 

(1) Each applicant must meet the PIC 

reporting requirements of 95 percent 

under PIH Notice 2007–29(HA) that will 

be assessed for the month immediately 

preceding the month in which the 

applications under this NOFA are due. 

MTW agencies must meet a reporting 

requirement of 85 percent, consistent 

with existing MTW reporting 

requirements. 

(2) Each applicant must have 

achieved points (15 or 20) under the 

Section 8 Management Assessment 

Program (SEMAP) leasing indicator (24 

CFR 985.3(n)) and not be designated as 

troubled for its most recent assessed 

fiscal year. MTW agencies that are not 

required to report under SEMAP shall 

be held to the 95 percent lease-up and 

budget authority utilization 

requirements referenced above. These 

MTW agencies are required to submit a 

certification with their application 

certifying that they are not required to 

report under SEMAP, and that they 

meet the 95 percent lease-up or budget 

authority utilization requirements. 

(3) The PHA applicant must not have 

any major unresolved program 

management findings from an Inspector 

General audit, HUD management review 

or Independent Public Accountant (IPA) 

audit for the PHA’s HCV program or 

other significant program compliance 

problems (such as fair housing and/or 

civil rights violations or findings) that 

were not resolved or in the process of 

being resolved (as determined by the 

local field office) prior to this NOFA’s 

application deadline. Major program 

management findings, or significant 

program compliance problems, are those 

that would cast doubt on the capacity of 

the applicant to effectively administer 

any new HCV funding in accordance 

with applicable HUD regulatory and 

statutory requirements. 

(4) The PHA must not be involved in 

litigation where HUD determines that 

the litigation may seriously impede the 

ability of the applicant to administer the 

vouchers. 

(5) The PHA must demonstrate 

experience and resources for supportive 

services (See Section IV.B.e. and Section 

IV.B.f.). 

3. Eligible Participants 

Non-elderly disabled families that are 

income eligible under 24 CFR 

982.201(b)(1). 

4. Environmental Review 

In accordance with 24 CFR 

50.19(b)(11) and 58.35(b)(1) of the HUD 

regulations, tenant-based rental 

activities under this program are 

categorically excluded from the 

requirements of the National 

Environmental Policy Act of 1969 

(NEPA) and are not subject to 

environmental review under the related 

laws and authorities. Activities under 

the homeownership option for existing 

units and for units under construction at 

the time the family enters into the 

contract for sale are categorically 

excluded from NEPA requirements and 

excluded from other environmental 

requirements under 24 CFR Section 58.5 

in accordance with 24 CFR Section 

58.35(b)(5), but PHAs are responsible for 

the environmental requirements in 24 

CFR Section 982.626(c). With regard to 

activities under the homeownership 

option for units not yet under 

construction at the time the family 

enters into the contract for sale, the 

additional environmental review 

requirements referenced in 24 CFR 

Sections 982.628(e), 982.631(c)(3) and 

982.637(b) also apply in addition to 

Section 982.626(c), and the PHA shall 

submit all relevant environmental 

information to the responsible entity or 

to HUD to assist in the completion of 

those requirements. 

IV. Application and Timely Receipt 

Information 

HUD is not currently accepting 

applications. The information presented 

in this Section IV is offered to provide 

individuals interested in submitting 

public comment to consider HUD’s 

proposed application procedures. 

A. Addresses to Request Application 

Package 

This section describes how the 

applicant may obtain application forms, 

additional information about the 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29507 

General Section, and how to obtain 

technical assistance. 

1. Copies of this published NOFA and 

related application forms may be 

downloaded from the Grants.gov Web 

site at http://www07.grants.gov/ 

applicants/apply_for_grants.jsp. If the 

applicant has difficulty accessing the 

information, it may receive customer 

support from Grants.gov by calling the 

help line at (800) 518–GRANTS ((800) 

518–4726) or by sending an e-mail to 

support@grants.gov. The operators will 

assist the applicant in accessing the 

information. If the applicant does not 

have Internet access and need to obtain 

a copy of this NOFA, it can contact 

HUD’s NOFA Information Center tollfree at (800) HUD–8929. Persons with 

hearing or speech impairments may call 

the Federal Information Relay Service at 

(800) 877–8339. 

B. Content of Application Under This 

NOFA 

Each PHA must complete the 

following forms: 

1. Form SF–424, Application for 

Federal Assistance. Every application 

must contain a SF–424 as the cover page 

to the application. When completing 

this form, the Federal Identifier 

requested in section 5a is the PHA’s five 

digit number (e.g., MD035 or AK002). 

PHA applicants should estimate 

proposed start date and end date in 

section 17. In Section 18 (Estimated 

Funding), complete only 18.a and 18.g. 

The amount entered in both fields 

should be the total number of vouchers 

requested in Section B of the form 

HUD–52515 times the housing 

assistance payments per unit cost for 

2009 HCV renewal funding or 2010 HCV 

renewal funding, depending on the most 

recent available data. 

2. Form HUD–52515, Funding 

Application, Section 8 Tenant-Based 

Assistance, Rental Certificate Program, 

Rental Voucher Program. A separate 

application must be submitted for 

Category 1 and Category 2 if the PHA 

wants to request HCVs under both 

categories. When completing this form, 

only complete the box for total dwelling 

units under vouchers in section B. Do 

not complete sections A or C. In section 

D of the form, the PHA applicant must 

provide the following information: 

a. The category of funding (Category 

1 or Category 2). 

b. The number of authorized baseline 

HCV units. 

c. The number of HCVs requested. 

d. The minimum number of vouchers 

the PHA is willing to accept under this 

category if selected under a lottery 

system. 

e. To demonstrate PHA experience: 

(1) At least 20 percent of the PHA’s 

HCVs are used by non-elderly disabled 

families as reflected in PIC for the end 

of the month prior to the submission 

date; or 

(2) The PHA has a preference on its 

waiting list for non-elderly disabled 

families as recorded in its 

administrative plan as documented by 

that section of the administrative plan 

attached to the application; or 

(3) The PHA has been previously 

funded for one of the following special 

purpose voucher allocations: Rental 

Assistance for Non-Elderly Persons with 

Disabilities in Support of Designated 

Housing Plans; Rental Assistance for 

Non-Elderly Persons with Disabilities 

Related to Certain Types of Section 8 

Project-Based Developments; 

Mainstream Housing Opportunities for 

Persons with Disabilities and the Project 

Access Pilot Program. 

f. To demonstrate that the applicant 

PHA has resources for supportive 

services for non-elderly disabled 

families, the applicant PHA must 

describe those resources in full detail in 

this section. In addition, for Category 2, 

the PHA must identify the partnering 

resource agency and describe the 

provision of supportive services for a 

transitioned person. The PHA must also 

specify the number of vouchers that the 

partnering resource agency is projecting 

will be needed to assist transitioning 

individuals over a 12-month period. The 

number of vouchers requested by the 

PHA under Category 2 may not exceed 

this number. 

Supportive services for Category 2 

vouchers must include the provision of 

care/case management, in addition to 

the needed health and social services. 

These services are usually funded 

through the State Medicaid program and 

provided by local home care agencies. 

In 29 States and the District of 

Columbia, the Medicaid programs have 

been awarded demonstration funds from 

the U.S. Department of Health and 

Human Services (HHS) to provide the 

needed supportive services a 

transitioned person needs to live safely 

and as independently as possible in the 

community (the Money follows the 

Person (MFP) demonstration). For a 

person who is transitioning under this 

demonstration, the contact partnering 

resource agency is the MFP program 

within the State Medicaid program. 

More information on MFP can be found 

at http://www.cms.hhs.gov/ 

DeficitReductionAct/20_MFP.asp. All 

persons that are transitioning as a MFP 

participant are guaranteed to receive the 

needed health and social services. 

Therefore, the only resource 

documentation that is needed in these 

instances is evidence of MFP 

participation by the partnering resource 

agency. 

For PHAs located in States not 

participating in the MFP demonstration, 

the PHA should contact the State 

Medicaid Program to determine if 

similar supportive services and 

individual referrals will be made 

available for these Category 2 vouchers. 

A PHA that is not located in a State 

participating in the MFP demonstration 

must describe the resources that will be 

made available to the transitioning 

individual by the partnering resource 

agency if the PHA is applying for 

voucher funding under Category 2. 

During the 60-day preparation period 

for submission of this NOFA, HUD in 

collaboration with the U.S. Department 

of Health and Human Services will 

provide information, outreach and 

technical assistance to PHAs interested 

in applying for Category 2 vouchers. 

3. Form HUD–2880, Applicant/ 

Recipient Disclosure/Update Report; 

4. Form HUD–2993, Acknowledgment 

of Application Receipt only required if 

paper application; 

5. Form HUD–2991, Certification of 

Consistency with the Consolidated Plan, 

or a copy of the signed PHA 

Certification of Compliance for its 

current Annual PHA Plan; and 

6. SF–LLL, Disclosure of Lobbying 

Activities, if applicable. 

7. You Are Our Client Grant 

Application Survey (HUD–2994–A) 

(Optional); and 

8. HUD Facsimile Transmittal (HUD– 

96011, Third Party Documentation 

Facsimile Transmittal). 

C. Receipt Instructions 

Applications under this NOFA must 

be received electronically through the 

Federal Web site Grants.gov, unless a 

waiver of this requirement is granted in 

accordance with the instructions below. 

The procedures for electronic 

submission of applications published in 

HUD’s General Section on December 29, 

2008 (73 FR 79548) including the 

provisions at Section IV.C., entitled 

‘‘Receipt Dates and Times,’’ removed by 

HUD’s Amendment to the General 

Section published on April 16, 2009 (74 

FR 17685) are reinstated and apply to 

this NOFA. Applicants must follow the 

instructions on the December 29, 2008 

General Section, unless a waiver for 

cause in accordance with HUD’s waiver 

policy of 24 CFR 5.1005, to the 

electronic application requirements is 

approved by HUD. Applicants 

requesting a waiver should submit their 

waiver requests in writing using e-mail 

or fax. Waiver requests must be 

submitted no later than 15 days prior to 


pwalker on PROD1PC71 with NOTICES
29508 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

the application deadline date and must 

be submitted in writing or by e-mail to 

Phyllis A. Smelkinson, Housing 

Program Specialist, Housing Voucher 

Management, Office of Public and 

Indian Housing, U.S. Department of 

Housing and Urban Development, 451 

7th Street, SW., Washington, DC 20410. 

You can e-mail requests to Ms. 

Smelkinson at 

Phyllis.A.Smelkinson@hud.gov. The 

subject line of the e-mail message 

should be (insert applicant name) FY09 

Rental Assistance for Non-Elderly 

Persons with Disabilities Waiver 

Request. If an applicant is granted a 

waiver, then the approval will provide 

instructions for submitting paper copies 

to the appropriate HUD office. All paper 

applications must be received by the 

application deadline date to meet the 

requirements for timely receipt. 

Paper applications will not be 

accepted from applicants that have not 

been granted a waiver. If an applicant is 

granted a waiver, the approval notice 

will provide instructions for 

submission. All applications in paper 

format must have received a waiver to 

the electronic application requirement 

and the application must be received by 

HUD on or before the application 

deadline date. 

1. The application deadline for receipt 

of HUD applications via Grants.gov is 

11:59:59 p.m. on XXXX, 2009. 

Applications must be received by 

Grants.gov by the deadline in order to 

meet the program deadline. Received 

means that the application has been 

successfully uploaded to the Grants.gov 

server and the applicant has received 

confirmation of successful submission 

to Grants.gov. Applicants should be 

aware that hitting the ‘‘sign and submit’’ 

button to transmit the application does 

not mean the application has been 

successfully uploaded to Grants.gov. 

Only when the upload is complete is the 

application date and time stamped by 

the Grants.gov system. An application 

that has been rejected by Grants.gov is 

not deemed to have been received by 

Grants.gov. (Please see Section D.1. of 

the General Section for a detailed 

explanation of Timely Receipt 

Requirements and Proof of Timely 

Receipt.) As in the past, HUD 

encourages applicants to submit their 

applications early and with sufficient 

time to address any issues that might 

affect the applicant’s ability to have an 

application successfully uploaded and 

received by Grants.gov. 

In FY 2009, HUD is establishing a 

one-day grace period from the date of 

notification of a rejection from 

Grants.gov, to allow applicants that 

successfully upload an application to 

Grants.gov prior to the deadline date 

and time, but receive a rejection notice 

after the deadline date and time, to cure 

the reason for rejection and re-upload 

the application to Grants.gov. The 

paragraphs below describe HUD’s Grace 

Period Policy for FY2009. 

a. Applicants that have successfully 

uploaded their application to Grants.gov 

prior to the deadline, and subsequently 

receive a rejection notice from 

Grants.gov after the deadline date and 

time, will have a one-day grace period 

from the date stamp on the first 

Grants.gov rejection notice after the 

deadline, to cure the basis for the 

rejection and upload an application that 

corrects the problems cited in the 

rejection notice. Applicants can upload 

the application as many times as needed 

to cure noted deficiencies within the 

one-day grace period. The Grants.gov 

rejection notice identifies the reasons 

why the application was rejected. 

Applicants that do not understand the 

error messages received in the rejection 

notice should immediately contact the 

Grants.gov Help Desk so they can get 

assistance in clearing the problem. 

Generally, Grants.gov will reject an 

application because it contains an 

incorrect DUNS number or a DUNS 

number that does not match the AOR’s 

registration, the application was 

submitted by an individual without 

proper authorization as the AOR, and/ 

or the application contains file names 

that trigger a ‘‘VirusDetect’’ message. 

The grace period ends one day after the 

date stamp on the first rejection notice 

received after the deadline date. 

Warning: Applications that contain 

file names which are longer than 50 

characters (HUD recommends using file 

names with 32 characters or less), or 

contain spaces or special characters, 

will result in the file being detected as 

a virus by the Grants.gov system and the 

application will be rejected with a 

‘‘VirusDetect’’ message. In FY2008, the 

use of spaces and special characters in 

file names, and the use of file names 

which were longer than fifty characters, 

resulted in the most instances of an 

applicant receiving a ‘‘VirusDetect’’ 

rejection. Applicants should also scan 

files for viruses because the Grants.gov 

system will also reject files with viruses. 

Applications received by Grants.gov, 

including those received during the 

grace period, must be validated by 

Grants.gov to be rated or ranked or 

receive funding consideration by HUD. 

HUD will use the date and time stamp 

on the Grants.gov system to determine 

dates when the grace period begins and 

ends. 

b. Applications uploaded to 

Grants.gov after the deadline date under 

the following circumstances do not 

qualify for the grace period and will not 

be considered for funding: 

(1) Applications uploaded and 

received by Grants.gov after the 

deadline date and time for which there 

is no prior rejection notice in the 

Grants.gov system logs will be 

considered late and will not be rated 

and ranked or receive funding 

consideration. Failure to successfully 

upload the application to Grants.gov by 

the deadline date and time does not 

qualify for the grace period as described 

above. 

(2) Applications receiving a rejection 

notice due to the funding opportunity 

being closed will not be provided the 

one day grace period to correct the 

‘‘opportunity closed’’ deficiency or any 

other basis for rejection because the 

applicant missed the deadline date and 

time and therefore does not qualify for 

the grace period as described above. 

(3) If an application is uploaded 

during the grace period and is 

subsequently rejected after the grace 

period ends, the applicant will not be 

afforded additional time to correct the 

deficiency(ies) noted in the rejection 

notice. 

c. The grace period ends at 11:59:59 

p.m. one day from the date stamp on the 

first rejection notice issued by the 

Grants.gov system to the e-mail address 

provided in the Grants.gov registration. 

Applicants must ensure that their e-mail 

notification address contained in the 

Grants.gov registration is up-to-date. 

Neither HUD nor Grants.gov will be 

responsible if e-mail messages are not 

received at the address listed in the 

registration process. Applicants must 

also ensure that their e-mail systems 

will accept messages from Grants.gov. 

Applicants are responsible for 

monitoring their e-mail messages. 

Messages from Grants.gov come from 

Support@grants.gov. 

d. The only exceptions to HUD’s grace 

period policy are: 

(1) The Grants.gov system is down 

and not available to applicants for at 

least 24 hours prior to the deadline date, 

or the system is down for 24 hours or 

longer, impacting the ability of 

applicants to cure a submission 

deficiency within the grace period; and/ 

or 

(2) There is a presidentially declared 

disaster in the applicant’s area. In the 

event of either or both of these events, 

HUD will publish a notice extending the 

deadline or cure period, for applicants 

affected, as appropriate. 

e. Busy servers or slow processing are 

not the basis for HUD to extend the 

deadline dates or the grace period. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29509 

Applicants are advised to monitor the 

Grants.gov system using the Grants.gov 

blog at http://grants-gov.blogspot.com/. 

The Grants.gov blog provides 

information on server capacity, traffic 

on the Grants.gov site, and other Federal 

grant closings each day. Applicants 

should monitor the site and take into 

account the amount of traffic on the site 

when applying. 

2. An applicant will not be provided 

additional opportunities to correct 

rejection errors if an application is 

rejected after the one-day grace period 

has expired. 

As with any electronic system, 

applicants may experience issues when 

attempting to submit their application 

which does not permit the uploading of 

the application to Grants.gov. Such 

issues can be due to firewall and virus 

protection software that the applicant 

has placed on their system or network; 

proxy and cache settings; Internet 

traffic; limitation on the size of the files 

attempting to be transmitted established 

at the applicant’s site or by the 

applicant’s Internet provider; Grants.gov 

servers experiencing busy traffic; or any 

number of issues. Therefore, HUD 

strongly advises applicants to submit 

their applications at least 48 hours prior 

to the deadline and when the Grants.gov 

Help Desk is open so that assistance can 

be provided. Assistance may require 

diagnosing an applicant’s particular 

issues. An applicant that does not 

follow HUD’s advice increases the 

applicant’s risk of not being able to meet 

the timely receipt requirements. A 

submission attempt less than the 

recommended 48 hours before the 

deadline does not allow the time needed 

to research the reason for the problem 

or to work with the applicant in 

overcoming the uploading difficulty. 

Similarly, attempting to submit within 

24 hours of the deadline or when the 

Grants.gov Help Desk is closed does not 

allow the time needed for Grants.gov or 

HUD to provide the needed assistance. 

In addition, HUD staff cannot provide 

assistance or contact Grants.gov on your 

behalf after the Help Desk is closed. 

HUD strongly encourages applicants to 

carefully read the December 29, 2008 

General Section for additional 

information regarding the Grants.gov 

registration process, submitting an 

application through Grants.gov, and 

timely receipt instructions. HUD also 

encourages applicants to submit their 

applications early with sufficient time 

to address issues that might prevent 

their applications from being received 

by Grants.gov. 

Applicants should also note that 

Adobe has put out new versions of 

Adobe Reader compatible with 

Grants.gov. These versions are 8.1.5 and 

9.1.1. Applicants must use the latest 

versions of the Adobe Reader 

compatible with Grants.gov, which are 

Adobe Reader 8.1.5 or 9.1.1. 

D. Intergovernmental Review 

This NOFA is not subject to Executive 

Order 12372, Intergovernmental Review 

of Federal Programs. 

E. Funding Restrictions 

Funds under this NOFA may only be 

used for housing assistance for eligible 

participants and may not be used for 

performance of routine HCV program 

functions that are reimbursed through 

HCV administrative fees. 

V. Application Review Information 

A. Criteria 

1. Factors Used to Evaluate and Rate 

Applications 

None. 

B. Review and Selection Process 

1. Technically Acceptable Applications 

All technically acceptable 

applications that meet the threshold 

criteria of section III.C.2. above will be 

funded to the extent funds are available. 

a. Funding Priority Categories 

None. 

b. Order of Funding 

If funding under this NOFA is not 

available to fund all applications 

received by the NOFA deadline in each 

category, a lottery will be used until all 

funding is exhausted. If funding remains 

in either category, it will be used to 

fund the other category in lottery order. 

c. Insufficient Funds 

Not applicable. 

2. Corrections to Deficient Applications 

The Grants Management Center 

(GMC) may contact an applicant to 

clarify an item in its application or to 

correct a curable technical deficiency. 

Please note that clarifications or 

corrections of technical deficiencies in 

accordance with the information 

provided by HUD to the applicant must 

be submitted within 14 calendar days of 

the date of receipt of the HUD 

notification. 

3. Unacceptable Applications 

After the technical deficiency 

correction period (as provided in the 

General Section), the HUD GMC will 

disapprove PHA applications that it 

determines are not acceptable for 

processing. Applications from PHAs 

that fall into any of the following 

categories are ineligible for funding 

under this NOFA and will not be 

processed: 

a. Any PHA that does not meet the 

threshold requirements of the General 

Section. 

b. Any PHA that does not meet the 

threshold requirements of Section 

III.C.2. of this NOFA. 

c. A PHA whose application does not 

comply with the requirements of this 

NOFA after the expiration of the 14- 

calendar day technical deficiency 

correction period; 

d. A PHA whose application was 

received at grants.gov after the 

application deadline date; or 

e. A PHA whose paper application 

that was approved for a waiver of the 

electronic application requirement was 

not received at the official place of 

receipt. 

VI. Award Administration Information 

A. Award Notices 

Successful applicants in each category 

will receive an award letter from HUD. 

Funding will be provided to successful 

applicants as an amendment to the 

Annual Contributions Contract (ACC) of 

the applicant PHA. 

Unsuccessful applicants will receive a 

notification of rejection letter from the 

GMC that will state the basis for the 

decision. The applicant may request an 

applicant debriefing. Beginning not less 

than 30 days after the awards for 

assistance are announced publicly, 

upon receiving a written request, HUD 

will provide a debriefing to the 

requesting applicant. See the General 

Section for additional information 

regarding a debriefing. Applicants 

requesting to be debriefed must send a 

written request to: Keia Neal, Acting 

Director, Grants Management Center at 

the e-mail address in Overview, Section 

F. 

B. Administrative and National Policy 

Requirements 

1. HUD’s Strategic Goals 

HUD is committed to ensuring that 

programs result in the achievement of 

HUD’s strategic mission. HCVs awarded 

under this NOFA support the 

Department’s strategic goals of: (1) 

Increasing homeownership 

opportunities, and (2) promoting decent, 

affordable housing by expanding access 

to these opportunities for non-elderly 

persons with disabilities. For more 

information about HUD’s Strategic Plan 

and Annual Performance Plan, you may 

visit HUD’s Web site at http:// 

www.hud.gov/offices/cfo/reports/ 

cforept.cfm. 

C. Reporting 

Successful applicants (including 

MTW agencies) must report the usage of 


pwalker on PROD1PC71 with NOTICES
29510 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

voucher funds under this NOFA 

through required submissions of the 

form HUD–50058, Family Report. PHAs 

must enter the program code ‘‘NED’’ on 

line 2n of the HUD–50058 for nonelderly families served under this NOFA 

and ‘‘NHT’’ for those non-elderly 

families transitioning from nursing 

homes and other institutions into the 

community. PHAs must maintain these 

codes for the duration of the family’s 

participation in the HCV program. 

HUD’s assessment of PHA compliance 

under this NOFA will be based on PIC 

system data. 

VII. Agency Contacts 

A. For Technical Assistance 

See FOR FURTHER INFORMATION

CONTACT above or you may contact the 

Public and Indian Housing Resource 

Center at 1–800–955–2232. Persons with 

hearing or speech impairments may 

access this number via TTY (text 

telephone) by calling the Federal 

Information Relay Service at 1–800– 

877–8339. (These are toll-free numbers). 

Prior to the application deadline, staff at 

the numbers given above, will be 

available to provide general guidance, 

but not guidance in actually preparing 

the application. Following selection, but 

prior to award, HUD staff will be 

available to assist in clarifying or 

confirming information that is a 

prerequisite to the offer of an award by 

HUD. 

B. Technical Corrections to the NOFA 

Technical corrections to this NOFA 

will be published in the Federal 

Register which the applicant is 

responsible for monitoring. 

VIII. Other Information 

A. References 

The following are hereby incorporated 

by reference: 

1. Executive Order 13132, Federalism; 

2. Public Access, Documentation, and 

Disclosure; 

3. Section 103 of the HUD Reform 

Act. 

B. Paperwork Reduction Act 

The information collection 

requirements contained in this 

document have been approved by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA) of 1995 (44 U.S.C. 3501– 

3520) and assigned OMB control 

numbers 2577–0169 and 2577–0083. In 

accordance with the PRA, HUD may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless the collection 

displays a currently valid OMB control 

number. 

C. Environmental Impact 

This NOFA provides funding under, 

and does not alter the environmental 

requirements of 24 CFR part 982. 

Accordingly, under 24 CFR Section 

50.19(c)(5), the NOFA is categorically 

excluded from environmental review 

under the National Environmental 

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

environmental review of activities 

funded under this NOFA, see 

requirements described in section III.C.4 

above. 

Dated: June 17, 2009. 

Paula O. Blunt, 

General Deputy Assistant, Secretary for Public 

and Indian Housing. 

[FR Doc. E9–14651 Filed 6–19–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5300–N–09] 

Notice of Availability: Notice of 

Funding Availability (NOFA) for HUD’s 

Fiscal Year (FY) 2009 Public and Indian 

Housing Family Self-Sufficiency 

Program under the Resident 

Opportunity and Self-Sufficiency 

(ROSS) Program 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: HUD announces the 

availability on its Web site of the 

application information, submission 

deadlines, funding criteria, and other 

requirements for the FY2009 Public and 

Indian Housing Family Self-Sufficiency 

Program under the Resident 

Opportunity and Self-Sufficiency 

(ROSS) Program. The NOFA makes 

approximately $12 million available 

under the Department of Housing and 

Urban Development Appropriations Act 

2009 (Pub. L. 111–8, approved March 

11, 2009). Applicants for assistance 

under this NOFA must address 

applicable requirements in the Notice of 

HUD’s Fiscal Year 2009 Notice of 

Funding Availability (NOFA) Policy 

Requirements and General Section to 

the HUD’s FY2009 NOFAs for 

Discretionary Programs (General 

Section) published on December 29, 

2008 (73 FR 79548), as amended on 

April 16, 2009 (74 FR 17685). 

Applicants should take particular note 

that they should follow the application 

submission instructions contained in 

this NOFA and not use those in the 

General Section. The notice providing 

information regarding the application 

process, funding criteria and eligibility 

requirements is available on the HUD 

Web site at http://www.hud.gov/offices/ 

adm/grants/fundsavail.cfm. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning the Public and 

Indian Housing Family Self-Sufficiency 

Program under the Resident 

Opportunity and Self-Sufficiency 

(ROSS) Program, contact Anice 

Schervish, Urban Revitalization 

Division, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Room 3236, Washington DC 20410; 

telephone number 202–402–2341 (this 

is not a toll-free number). Persons with 

speech or hearing impairments may 

access this telephone number via TTY 

by calling the toll-free Federal 

Information Relay Service during 

working hours at 800–877–8339. 

Dated: June 8, 2009. 

Paula O. Blunt, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. E9–14633 Filed 6–19–09; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5300–N–02] 

Notice of Availability: Notice of 

Funding Availability (NOFA) for HUD’s 

Fiscal Year (FY) 2009 Housing 

Counseling Program 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: HUD announces the 

availability on its Web site of the 

applicant information, submission 

deadlines, funding criteria and other 

requirements for HUD’s Housing 

Counseling Program NOFA for FY2009. 

Approximately $58 million 

appropriated under the Department of 

Housing and Urban Development 

Appropriations Act, 2009 (Pub. L. 111– 

8, approved March 11, 2009) for HUD’s 

Housing Counseling Program is 

available through this NOFA. 

Applicants for HUD’s Housing 

Counseling Program must address the 

requirements established by HUD’s 

Fiscal Year 2009 Notice of Funding 

Availability (NOFA) Policy 

Requirements and General Section to 

HUD’s FY2009 NOFAs for Discretionary 

Programs (General Section) published 


pwalker on PROD1PC71 with NOTICES