Funding Availability (NOFA) for FY 1994 Section 8 Rental Voucher Set-Aside for Homeless Persons With Disabilities

Federal RegisterFeb 1, 1994

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Public and Indian Housing

[Docket No. N-93-3679; FR-3329-N-01]

Funding Availability (NOFA) for FY 1994 Section 8 Rental Voucher

Set-Aside for Homeless Persons With Disabilities

AGENCY: Office of the Assistant Secretary for Public and Indian

Housing, HUD.

ACTION: Notice of Funding Availability for Fiscal Year 1994.

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SUMMARY: This notice announces the availability of a set-aside of up to

$147.7 million of budget authority for a competition at the HUD

Regional Office level for Section 8 rental voucher funding for very

low-income homeless persons with disabilities and their families. (See

the definition of eligible persons in section I(D)(1) of this NOFA.)

This set-aside of rental voucher funding is to provide rental

assistance to the eligible homeless population as defined in this NOFA

in a manner similar to the Department's Shelter Plus Care Program. This

announcement invites interested public housing agencies and Indian

housing authorities, hereafter collectively referred to as housing

agencies (HAs), to submit applications for the FY 1994 rental voucher

funding.

The NOFA provides instructions to HAs governing the submission of

applications, and describes procedures for rating, ranking, and

approving applications. Each selected HA will be awarded funding of a

special allocation of rental vouchers from the set-aside. The rental

assistance budget authority funding awarded to the HAs under both the

competitive and ``Comprehensive Homeless Initiative Cities'' components

of this initiative must at least be matched on a one-for-one basis with

supportive services resources from other Federal, State, local or

private entities.

Eligible persons selected to participate in this set-aside will

qualify for a Federal Preference because they are homeless. The

priorities for selection of very low-income persons to participate in

this set-aside are as follows: (1) Homeless persons with disabilities

and their families who reside in transitional housing facilities for

homeless persons based on their position on the HA's waiting list, or

their subsequent addition to the HA's waiting list, (2) other eligible

persons who are residing on the street or in emergency shelters based

on their position on the HA's waiting list, or their subsequent

addition to the HA's waiting list. Outreach procedures should be used,

as needed, to assist in identifying eligible persons who may qualify

under these priorities, to help these families apply to the HA for

assistance and to place the eligible applicants on the HA's waiting

list.

This initiative will add balance to current efforts that address

homelessness by assisting communities in creating a local continuum of

care. The rental assistance for permanent housing and supportive

services provided through the use of these rental vouchers will be

given on a priority basis to eligible persons residing in transitional

housing facilities for homeless persons and who need rental assistance

to move to permanent housing.

DATES: Applications from the HAs for competitive funding must be

received by 3 p.m. local time in the Office of the Public Housing

Division Director of the local HUD Field Office serving the area of the

applicant on May 2, 1994. Applications from Indian housing authorities

(IHAs) must be received by the same date and time in the Office of the

Indian Programs Office Director serving the area of the applicant.

The above-stated application deadline for submission of completed

applications to HUD is firm as to date and hour.

FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations

Branch, Rental Assistance Division, Office of Assisted Housing, room

4220; telephone (202) 708-0477 or TDD (202) 708-4594; or Mark Johnston,

Deputy Director, Office of Special Needs Assistance Programs; room

7262; telephone (202) 708-4300 or TDD (202) 708-2565; Department of

Housing and Urban Development, 451 Seventh Street SW., Washington, DC

20410. (Telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this notice

have been approved by the Office of Management and Budget (OMB) under

the Paperwork Reduction Act of 1980 and have been assigned OMB Control

Number 2577-0169. OMB has approved the supportive services collection

requirements under the assigned control number 2577-0118.

I. Purpose and Substantive Description

(A) Purpose

The set-aside of rental vouchers for homeless persons with

disabilities is a national initiative of the Department which will help

communities establish a continuum of care for homeless persons. This

initiative is designed to help persons with disabilities move from

transitional housing facilities for homeless persons into permanent

housing. Under this initiative, an on-going supportive services

component must be available to participants for the same five years as

the participants receive rental voucher program assistance. The range

of supportive services, including outreach to identify eligible persons

and assistance in locating and securing suitable housing, is to be

funded from sources other than this program, including other Federal,

State, local or private sources, and will respond to the needs of the

homeless population. The initiative combines rental assistance with the

supportive services appropriate to the needs of a homeless persons with

disabilities to assist them to lead healthy, productive lives in the

community.

The initiative also seeks to expand more permanent housing options

for these individuals by providing to them the freedom to choose their

own housing.

(B) Allocation Amounts

(1) Budget Authority for Competitive Funding

The Department will make available up to $132,892,960 of the budget

authority approved in the VA, HUD-Independent Agencies Appropriations

Act of 1992 (Pub. L. 102-139, approved October 28, 1991) (the Act)

which will support an estimated 4,700 rental vouchers. The recent

amendment of 791.403 of title 24 of the Code of Federal Regulations

allows for a set-aside such as this initiative for homeless persons

with disabilities. This interim rule further implements section 213 (d)

of the Housing and Community Development Act of 1974, as most recently

amended by the Department of Housing and Urban Development Reform Act

of 1989, which was incorporated into 24 CFR part 791, subpart D, on

March 7, 1991 (56 FR 9822). It enables the Department of Housing and

Urban Development to allocate assistance which the Secretary determines

is not feasible to allocate to field office allocation areas by formula

and which is contained in an Operating Plan submitted to Congress.

These funds are available for a HUD Regional Office competition based

on the selection criteria in this NOFA.

Listed below is a chart which shows the fair share allocation of

funding by HUD Regional Office:

------------------------------------------------------------------------

Units

Regional office Dollars (estimated)

------------------------------------------------------------------------

Boston--I.................................. $9,538,365 287

New York--II............................... 30,762,730 961

Philadelphia--III.......................... 12,165,235 434

Atlanta--IV................................ 13,491,760 587

Chicago--V................................. 19,604,880 769

Ft. Worth--VI.............................. 8,518,360 383

Kansas City--VII........................... 2,975,265 133

Denver--VIII............................... 1,944,98 584

San Francisco--IX.......................... 30,040,040 830

Seattle--X................................. 3,851,340 144

----------------------------

Totals................................. 132,892,960 4,612

------------------------------------------------------------------------

An annual contributions contract (ACC) for the Section 8 funds will

be executed by the HA and HUD after HUD approval of the HA's Section 8

application.

(2) Budget Authority for ``Comprehensive Homeless Initiative Cities''

The Department will allocate $14.7 million of the funding from this

set-aside for funding for HAs and non-profits in jurisdictions

designated for funding under the Comprehensive Homeless Initiative

component of the Innovative Homeless Initiatives Demonstration Program,

as authorized by the HUD Demonstration Act of 1993 (Pub. L. 103-120,

approved October 27, 1993). The assistance is targeted to homeless

programs that will utilize a new system called a ``continuum of care''

and is designed around a basic three-step model of assessment,

transitional housing, and rehabilitative services, and, if necessary,

placement into permanent housing. The Department intends to publish a

separate Notice for this funding.

(3) Family Self-Sufficiency (FSS) Program

Section 23 of the U.S. Housing Act of 1937 was amended by section

106 of the Housing and Community Development Act of 1992 and now

requires that all PHAs receiving additional rental vouchers or

certificates in FY 1993 and all future fiscal years must establish a

family self-sufficiency (FSS) program. For IHAs, section 106(j) made

participation in the FSS program optional for FY 1993 and all future

fiscal years. The program guidelines for the FSS program were published

in the Federal Register on September 30, 1991 (56 FR 49592). The

regulations for the FSS program were published on May 27, 1993 (58 FR

30858 and 58 FR 30906). Any rental voucher or certificate funding

reserved in FY 93 and all future fiscal years will be used to establish

the minimum size of a PHA's FSS program.

If a PHA received an incentive award for the FSS program in

response to the NOFA published in the Federal Register on September 30,

1991 (56 FR 49612) and amended on January 3, 1992 (57 FR 312), the

number of new units received in FY 93 and FY 94 will be added to the

incentive awards received in FY 92 and this number will be the minimum

size of the PHA's FSS program.

Eligible applicants for rental voucher program funding under this

set-aside for homeless persons with disabilities are housing agencies.

An HA is an entity defined under section 3(b)(6) of the U.S. Housing

Act of 1937 (1937 Act), including Indian housing authorities as defined

in section 3(b)(11) of the 1937 Act. Only HAs that are currently

administering a Section 8 rental voucher, rental certificate or

moderate rehabilitation program are eligible to apply for funding under

this NOFA.

(D) Program Description

(1) Definitions

The following definitions are supplemental to those found at 24 CFR

parts 812, 882, and 887:

Acquired immunodeficiency syndrome (AIDS) or related diseases is

the disease of AIDS or any condition arising from the etiologic agent

for AIDS.

Applicant is a Public Housing Agency or Indian Housing Authority

(HA).

Eligible person is a very low-income homeless person with

disabilities (including a person who is seriously mentally ill; has

chronic problems with alcohol, drugs, or both; or has AIDS or related

diseases) and the family of such a person. To be eligible for

assistance, the family must be very low-income. The definition of a

family for the Section 8 rental assistance programs is described at 24

CFR part 812, and is applicable to this set-aside. The Department

expects that most families who apply for this set-aside will be single

persons. This NOFA uses the term ``person'' frequently although the

eligible population for this set-aside, as with the regular rental

assistance programs, includes the family of any person or persons

selected to participate in the set-aside.

Homeless person or homeless family includes any individual or

family that:

(a) Lacks a fixed, regular, and adequate nighttime residence; and

(b) Has a primary nighttime residence that is:

(i) A supervised publicly or privately operated shelter designed to

provide temporary living accommodations (including welfare hotels,

congregate shelters, and transitional housing for the mentally ill);

(ii) An institution that provides a temporary residence for

individuals intended to be institutionalized; or

(iii) A public or private place not designed for, or ordinarily

used as, a regular sleeping accommodation for human beings.

The term ``homeless'' or ``homeless family'' does not include any

individual imprisoned or otherwise detained pursuant to an Act of the

Congress or a State law.

Person with a disability is an adult individual or a household

composed of one or more persons at least one of whom is an adult who

has a disability. A person is considered to have a disability if such

person has a physical, mental, or emotional impairment or has a chronic

problem with alcohol, drugs, or both which (a) is expected to be of

long-continued and indefinite duration;

(b) substantially impedes the individual's ability to live

independently; and

suitable housing conditions.

A person will also be considered to have a disability if the

individual has a developmental disability, which is a severe, chronic

disability that (a) is attributable to a mental or physical impairment

or combination of mental and physical impairments; (b) is manifested

before the person attains age 22; (c) is likely to continue

indefinitely; (d) results in substantial functional limitations in

three or more of the following areas of major life activity: (i) Self-

care, (ii) receptive and expressive language, (iii) learning, (iv)

mobility, (v) self-direction, (vi) capacity for independent living, and

(vii) economic self-sufficiency; and (e) reflects the person's need for

a combination and sequence of special, interdisciplinary, or generic

care, treatment, or other services which are of lifelong or extended

duration and are individually planned and coordinated.

The term ``person with a disability'' is defined as a family under

24 CFR part 812 and may include, for example: (a) Two or more persons

with disabilities living together, and (b) one or more persons with

disabilities living with another person who is determined to be

important to their care or well-being.

Seriously mentally ill is a person who has a severe and persistent

mental or emotional impairment that seriously limits the person's

ability to live independently.

Supportive services is assistance that (a) addresses the special

needs of eligible persons, including housing search assistance; and (b)

provides appropriate services or assists such persons in obtaining

appropriate services, including health care, mental health treatment,

substance and alcohol abuse services, child care services, case

management services, counseling, supervision, education, job training

and placement, and other services essential for achieving and

maintaining independent living. Inpatient acute hospital care does not

qualify as a supportive service.

Supportive service provider (or service provider) is a person or

organization licensed or otherwise qualified to provide supportive

services either for profit or not for profit.

Transitional housing means housing that will facilitate the

movement of homeless individuals and families to permanent housing

generally within 24 months. This includes, but is not limited to, the

Department of Housing and Urban Development's Supportive Housing

Program (and the predecessor Supportive Housing Demonstration Program),

the Department of Veterans Affairs' Domiciliary Care for Homeless

Veterans program, the residential care component of the Homeless

Chronically Mentally Ill program, and the Compensated Work Therapy/

Therapeutic Residence program for homeless veterans, and the Department

of Health and Human Services' Transitional Living Program for Homeless

Youth and Transitional Housing Demonstration Program.

(2) General

The use of rental assistance under this set-aside is limited to

homeless persons with disabilities as defined in this section of the

NOFA. The rental voucher and rental certificate regulations are

published at 24 CFR parts 887 and 882 (including the nondiscrimination

and Equal Opportunity Requirements). Under the Section 8 program, the

HA makes monthly housing assistance payments to an owner on behalf of

an eligible family, including a single person family, participating in

the program. The maximum housing assistance payment is the difference

between the payment standard or gross rent for the appropriate size

unit and 30 percent of the family's adjusted income. The HA may issue a

rental certificate to a family selected to participate in this set-

aside if the family requests a rental certificate and the HA has one

available. Each HA may select for participation only the number of

persons it is able to assist under the HA's share of the $147.7 million

set-aside regardless of whether the participant requests a rental

certificate in lieu of a rental voucher.

When rental assistance provided by HUD under this set-aside becomes

available for reissue (i.e., the participant initially selected for the

program drops out of the program or is unsuccessful in the search for a

unit, or the participant is terminated from the program), the rental

assistance may only be used for another eligible person or family for

assistance under this set-aside until the Department releases the HA

from that obligation or five years, whichever is earlier.

(3) HA Responsibilities

The role of the HA in administering the rental voucher program is

outlined in 24 CFR part 887 and includes providing rental vouchers,

conducting initial and periodic Housing Quality Standards inspections,

contracting with landlords, undertaking annual and intermediate tenant

income verifications, and making housing assistance payments. If a

rental voucher holder requests a rental certificate in lieu of a rental

voucher and a rental certificate is available, the HA must issue a

rental certificate and follow the rules of the rental certificate

program as outlined at 24 CFR part 882. (See paragraph I(D)(2) of this

NOFA for more information on the total number of families the HA is to

assist under this set-aside.) The HA is also responsible for selecting

eligible persons who are residing in transitional housing facilities

and others from the HA's Section 8 waiting list, from those identified

through outreach efforts who are residing on the street, or in

emergency shelters. Additionally, HAs must amend their Equal

Opportunity Housing Plans to reflect the affirmative outreach

procedures for persons with disabilities who are least likely to apply

for the program. Eligible persons will be issued rental assistance and

assisted in locating suitable private market rental units that meet the

requirements of the rental assistance programs. The HA will also be

responsible for certifying that it will ensure the provision of

supportive services, including funding the services itself if the

planned resources do not become available for any reason. As an

alternative to an HA certification, the HA may provide a certification

from a State, local government, Indian Tribe, or private entity that

ensures the provision of supportive services.

(4) Supportive Service Match

Supportive services must be provided in an amount that at least

matches the total amount of rental assistance budget authority

requested from HUD. The appropriate level and type of supportive

services must be provided to eligible persons over the five-year period

of the rental voucher. It is essential that housing assistance and

appropriate supportive services be provided in a coordinated manner to

give participants the opportunity and support necessary for successful

integration in local communities.

(5) Supportive Services

(a) Search Assistance. The provision of supportive services must

include housing search assistance to assist selected persons to locate

and secure suitable housing. Housing search assistance should include

assisting the person to find and lease a housing unit suitable to the

person's needs and desires. The HA also may use a portion of its

administrative fees to provide some assistance to a person in finding a

unit where, because of race, age, handicap, large family size, or other

reasons, the person is unable to locate an approvable unit.

Additionally, the HA will (i) counsel an eligible person regarding the

civil rights protections under the Fair Housing Act, Title VI of the

Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of

1973; (ii) assist an eligible person in filing a housing discrimination

complaint if the person alleges that illegal discrimination is

preventing the family from leasing a unit; and (iii) inform an eligible

person about its right to make possible modifications to leased

premises at the person's expense.

(b) Other services. It is also anticipated that the eligible

persons who receive assistance under this set-aside will need other

special supportive services to address their unique needs in

maintaining permanent housing. These include: (1) Move-in assistance,

such as security deposits and utility deposits (except as otherwise

provided by a rental voucher or certificate), furnishings, moving

expenses, and other assistance that will help establish a homeless

person in permanent housing; (2) housing counseling in such areas as

budgeting, housecleaning, minor maintenance and repairs, security

practices, and tenants rights and responsibilities; and (3) supportive

services related to the nature of the individual's disability,

including, but not limited to, health care, mental health treatment,

substance and alcohol abuse services, child care services, case

management services, counseling, supervision, education, job training

and placement, day care, nutritional services, intensive care when

required, assistance in gaining access to local, State, and Federal

government benefits, other case management services and other services

essential for achieving and maintaining independent living.

certification to ensure that supportive services will be provided and

are at least equal in value to the amount of rental assistance budget

authority to be provided by HUD over the five-year annual contributions

contract (ACC) term. The supportive services may be newly created for

this program or already in operation. The supportive services or

funding for the services may be provided by other Federal, State,

local, or private programs and must be documented in the manner

provided by Attachment 7 of this NOFA.

The supportive services must be available to participants who

receive rental assistance for the entire term of the rental assistance.

The value of supportive services provided to a participant does not

have to equal the amount of rental assistance provided for that same

participant. The funding for all supportive services does not have to

match equally the total amount of rental assistance funding on a year-

to-year basis.

In calculating the amount of the matching supportive services as

documented in Attachment 7 of the application, the applicant may count:

(i) The value of cash provided by the applicant or a third party,

including States, local governments and Indian Tribes, or other persons

or organizations to support program activities;

(ii) The value of non-cash resources (including the salaries of

supportive service providers) provided by the applicant or a third

party, including States, local governments and Indian Tribes, or other

persons or organizations;

(iii) The value of time and services contributed by volunteers

computed at the rate of $10.00 an hour, except for donated professional

services which may be counted at the customary charge for the service

provided (Professional services are services ordinarily performed by

donors for payment, such as the services of health professionals

equivalent to the services they provide in their occupations); and

(iv) The value of a donated building or any lease on a building

used for the provision of supportive services, provided the value

included in the match is no more than the prorated share used for the

program.

II. Application Process

(A) Application Submission and Processing

(1) Deadline

Applications from HAs for the competitive funding under the Section

8 rental voucher set-aside for homeless persons with disabilities must

be received in the Office of the Public Housing Division Director or

the Director of the Office of Indian Programs Office, of the local HUD

Field Office serving the area of the applicant on the due date by 3

p.m. local time on May 2, 1994.

HUD Field Office/Indian Programs Office is the official place of

receipt for all applications. Application forms (HUD-52515) may be

obtained from the appropriate HUD Field Office/Indian Programs Office.

The above-stated application deadline is firm as to date and hour.

In the interest of fairness to all competing applicants, the

Department will treat as ineligible for consideration any application

that is not received on or before the application deadline. Applicants

should take this policy into account and make early submission of their

materials to avoid any risk of loss of eligibility brought about by

unanticipated delays or other delivery-related problems. Field Offices

will not accept applications, or any part of applications, sent via

facsimile (FAX) transmission.

(2) Application Processing

The Field Office/Indian Programs Office will initially screen all

applications, using the ``Checklist for Technical Requirements'',

Attachment 1 of this NOFA, as a guide to determine if an application is

complete. The HUD Field Office/Indian Programs Office will rate the

applications (except for Selection Criterion #2) and send the

applications and rating sheets for all approvable applications to the

Regional Office. The Regional Office must rate all applications for

Selection Criterion #2 and review the ratings of all applications for

all other selection criteria and is responsible for the consistency of

the ratings among the Field Offices/Indian Program Offices within the

region. The Regional Office will re-rate any or all the selection

criteria for applications for which a Field Office/Indian Programs

Office may have scored incorrectly based on information available to

the Regional Office in the applications. The Regional Office must

document the reasons for a change in a score for each selection

criterion. The highest scoring HAs will receive funding for rental

vouchers from the set-aside for the homeless persons with disabilities

program.

(B) Unacceptable Applications

Applications that fall into any of the following categories will

not be processed:

(1) The Department of Justice has brought a civil rights suit

against the applicant HA, and the suit is pending.

(2) There has been an adjudication of a civil rights violation in a

civil action brought against the HA by a private individual, unless the

HA is operating in compliance with court order, or implementing a HUD

approved resident selection and assignment plan or compliance agreement

designed to correct the areas of noncompliance.

(3) There are outstanding findings of noncompliance with civil

rights statutes, Executive Orders, or regulations, as a result of

formal administrative proceedings, or the Secretary has issued a charge

against the applicant under the Fair Housing Act, unless the applicant

is operating under a conciliation or compliance agreement designed to

correct the areas of non- compliance.

(4) HUD has deferred application processing under Title VI of the

Civil Rights Act of 1964, the Attorney General's Guidelines (28 CFR

50.3), and the HUD Title VI regulations (24 CFR 1.8) and procedures

(HUD Handbook 8040.1), or under section 504 of the Rehabilitation Act

of 1973 and HUD regulations (24 CFR 8.57).

(5) The HA has serious unaddressed, outstanding Inspector General

audit findings, fair housing and equal opportunity monitoring review

findings, or Field Office/Indian Programs Office management review

findings for one or more of its rental voucher, rental certificate, or

moderate rehabilitation programs.

(6) The leasing rate for rental certificates and rental vouchers

under ACC for at least one year is less than 75 percent.

(7) The HA is involved in litigation and HUD determines that the

litigation may seriously impede the ability of the HA to administer an

additional increment of rental vouchers or rental certificates.

(8) The HA does not administer a rental voucher, certificate, or

moderate rehabilitation program.

(9) The HA is not in compliance with the Single Audit Act, OMB

Circular No. A-128 and HUD's regulations at 24 CFR part 44; or OMB

Circular No. A-133, as applicable.

(10) The HA has not documented that it will provide funds for

supportive services, i.e., letters of intent to provide commitments, or

firm commitments, dependent upon available resources from other

agencies or from non-profits, that at least match the total amount of

rental assistance budget authority requested from HUD.

Applications will be rated based on the criteria listed below.

Applicants must receive points under each of the five criteria to be

eligible for an award.

(1) Selection Criterion 1: HA Administrative Capability (25 points)

(a) Description. Overall HA administrative ability in the Rental

Voucher, Rental Certificate, and Moderate Rehabilitation Programs, as

evidenced by factors such as leasing rates and correct administration

of housing quality standards (HQS), portability of rental vouchers and

certificates, compliance with Fair Housing and Equal Opportunity

program requirements, assistance payment computation, and rent

reasonableness requirements is either excellent or good.

(b) Rating. 16-25 points. Field Office rates overall HA

administration of the Rental Voucher, Rental Certificate, and Moderate

Rehabilitation Programs as excellent; there are no serious outstanding

management review, fair housing and equal opportunity monitoring

review, or Inspector General audit findings (unless the Field Office/

Office of Indian Programs or the Regional Office has appealed the

Office of Inspector General recommendation); the HA is complying with

the portability requirements under the rental voucher and certificate

programs; not more than 15 percent of the units inspected by the Field

Office during the last management review failed to meet housing quality

standards (HQS) or the field office is aware of actions taken by the HA

to improve its inspection procedures; and the leasing rate for rental

vouchers and rental certificates under Annual Contributions Contract

(ACC) for one year or more was at least 95 percent as of September 30,

1992, unless the Field Office/Office of Indian Programs documents that

the report was reflective of HA performance;

1-15 points. Field Office rates overall HA administration of the

Rental Voucher, Rental Certificate, and Moderate Rehabilitation

Programs as good and any management review, fair housing and equal

opportunity monitoring review, or Inspector General audit findings are

being satisfactorily addressed (or the Field Office/Office of Indian

Programs or Regional Office has appealed the Office of Inspector

General recommendation); the HA is complying with the portability

requirements under the rental voucher and certificate programs; not

more than 25 percent of the units inspected by the Field Office during

the last management review failed to meet HQS or the field office is

aware of actions taken by the HA to improve its inspection procedures;

and the leasing rate for rental vouchers and rental certificates under

ACC for one year or more was at least 85 percent as of September 30,

1992, unless the Field Office/Office of Indian Programs documents that

the report is not reflective of HA performance;

0 points. If neither of the above statements apply, assign 0

points.

(2) Selection Criterion 2: Need (25 points)

(a) Description. The need for a rental assistance program targeted

to homeless persons with disabilities as evidenced by data which show

the unmet need and the application demonstrates an understanding of the

specific homeless population(s) to be served. Information from the

Street component of the 1990 U.S. Census may not be used to document

the need for this set-aside within the HA's jurisdiction.

(b) Rating. 16-25 points. The application includes an estimate of

the size of the homeless population within the HA's jurisdiction based

on credible surveys, reports or other data-gathering mechanisms on

homeless populations or the applicable Comprehensive Housing

Affordability Strategy (CHAS) and the size is large relative to that

presented by other applications within the applicant's HUD region. The

application also reveals an indepth understanding of the homeless

population proposed to be served.

1-15 points. The application includes an estimate of the size of

the homeless population within the HA's jurisdiction based on credible

surveys or reports on homeless populations or the applicable CHAS and

the size is of average to less than average size relative to that

presented by other applications within the applicant's HUD region or

the estimates are based on less credible surveys, reports or other

data-gathering mechanisms on homeless populations. The application also

reveals a general but less than in-depth understanding of the homeless

population proposed to be served.

0 points. If neither of the above statements apply, assign 0

points.

(3) Selection Criterion 3: Program Implementation (25 Points)

(a) Description. The application describes the proposed method to

use the rental vouchers to help house the eligible population and

provide services.

(b) Rating. 16-25 points. The application describes the timely

implementation of a plan that will result in eligible participants

finding permanent housing and maintaining residential stability. The

plan has all of the following elements and links all the elements in a

consistent framework: (a) The proposed outreach and selection efforts

ensure that the targeted population is served; (b) The plan provides

housing search assistance that will ensure that eligible persons obtain

appropriate housing; (c) The plan describes a program that will link

participants to appropriate supportive services; (d) The plan describes

an evaluation component that will result in an evaluation of program

effectiveness by the HA, and by the entities that certify to provide

supportive services, and the applicant's making appropriate

improvements to the program.

1-15 points. The application provides for the timely implementation

of a consistent plan that generally covers the following elements for

the use of rental vouchers by the HA: (a) The plan describes minimal

outreach and selection efforts for the targeted population of eligible

persons that will be served; (b) The plan provides housing search

assistance only to a portion of the eligible persons; (c) The plan

describes a program with a minimal link of participants to appropriate

supportive services on a consistent basis; and (d) The plan describes

that a limited overall program evaluation will be conducted by the HA,

and the entities that certify to provide the supportive services, for

effectiveness and appropriate improvements.

0 points. If none of the above statements apply, assign 0 points.

(4) Selection Criterion 4: Quality of the Proposed Supportive Services.

(25 points)

(a) Description: The application provides a description of the

proposed supportive services over the period of the rental assistance.

(b) Rating. 16-25 points. The application describes available

supportive services that will meet almost all of the needs of the

targeted population. This is evidenced by: (a) The identification of

supportive services appropriate to the needs of the population proposed

to be served; (b) A description of the directly-related qualifications

or experience of the supportive services staff; and (c) A plan for

monitoring and evaluating the supportive services provided to eligible

persons to ensure that services are appropriate to their changing needs

on an individual basis.

1-15 points. The application describes the proposed supportive

services that will meet some but not most of the needs of the eligible

population. This is shown by: (a) The identification of supportive

services appropriate to some of the needs of the population proposed to

be served; (b) A description of indirectly-related qualifications or

experience of the supportive services staff; and (c) A plan for

monitoring and evaluating the supportive services provided to eligible

persons that is somewhat likely to ensure services appropriate to their

changing needs.

0 points. If neither of the above statements apply, assign 0

points.

(5) Selection Criterion 5: Documentation of First Year Supportive

Service Funding. (20 points)

(a) Description: The application provides copies of firm financial

commitments to fund the first year of the proposed supportive services.

The first year of supportive services funding is expected to exceed 16%

of the total amount of rental assistance funding requested from HUD.

(b) Rating. 0-20 points. Points will be awarded based on the extent

to which the firm commitments are available at the time of application.

Points will be given by dividing the value of the documented firm

commitments for first year funding for supportive services into the

value of the requested rental assistance as shown in the following

table:

Percent.......................... 0 1-5 6-10 11-15 16+

Points........................... 0 5 10 15 20

(D) Local Government Comments

Section 213 of the Housing and Community Development Act of 1974

requires that HUD independently determine that there is a need for the

housing assistance requested in applications, and solicit and consider

comments relevant to this determination from the chief executive

officer of the unit of local government. The Field Office/Indian

Programs Office will obtain Section 213 comments from the unit of

general local government in accordance with 24 CFR part 791, subpart C,

Applications for Housing Assistance in Areas Without Housing Assistance

Plans. Comments submitted by the unit of general local government must

be considered before an application can be approved.

For purposes of expediting the application process, the HA should

encourage the chief executive officer of the unit of general local

government to submit a letter with the HA application commenting on the

HA application in accordance with Section 213. Since HUD cannot approve

an application until the 30-day comment period is closed, the Section

213 letter should not only comment on the application, but also state

that HUD may consider the letter to be the final comments and that no

additional comments will be forthcoming from the local unit of

government.

(E) Funding Applications for Regional Office Competition

(1) General

The set-aside of funding for very low-income homeless persons with

disabilities is for a competition among eligible HAs within each HUD

Region. The HUD Field Office/Indian Programs Office will review and

rate the HA applications on the basis of the selection criteria and

then forward the HA applications on the basis of the selection criteria

and then forward the applications and the rating sheets to the

appropriate Regional Office for review, re-rating of the criteria (if

necessary to ensure consistency in the rating of applications in that

region), and selection of the highest-rated approved applications.

(2) Maximum Funding Allowed

The Regional Offices may not approve funding for an HA under this

NOFA for more than 200 units.

(3) Minimum Funding Allowed

The Regional Offices may not approve funding for an HA under this

NOFA for less than 25 units, unless:

(i) The HA requests fewer than 25 units; or,

(ii) The residual budget authority after funding higher ranking

applications is insufficient to fund at least 25 units.

(4) Funding Procedure

The Field Office/Indian Programs Office will forward all approvable

applications along with the rating sheets to the Regional Office. The

Regional Office will, after its review and re-rating, rank within that

region all approvable applications. The Regional Office must select for

funding applications in rank order until all the housing assistance

budget authority is selected for use.

Where a Regional Office selects for funding applications according

to rank order, only to find it has some number of units left, but not

enough to fund the next fundable application in its entirety or for the

minimum of 25 units, that application can be selected for funding to

the extent of the number of units available.

The Regional Office must promptly notify the applicable Field

Office or Indian Programs Office as to the status of any applications

from HAs and, if applicable, the amount of budget authority to be made

available for HA applications that were selected for funding by the

Regional Office.

(F) Reallocation of Funds Between Metropolitan and Nonmetropolitan

Areas

The funding for this set-aside is not subject to the split between

metropolitan and nonmetropolitan areas as usually required by 24 CFR

791.403 (a). An HA may apply for funding in its jurisdiction and the

Regional Office will select for funding applications without regard to

the metropolitan or nonmetropolitan designation of the county or

counties.

III. Checklist for Application Submission Requirements

(A) General

The application from the HA shall include the information requested

in this section and Attachment 1 of this NOFA as well as any other data

which the applicant wishes to submit.

(B) Required Application Contents

(1) HA Application Forms

Each HA must submit Form HUD-52515, Application for Existing

Housing (Attachment 2), in accordance with the applicable program

regulations, and a cover letter stating the total number of rental

vouchers requested and the minimum number acceptable (See Item 1 of

Attachment 1).

(2) Description of Homeless Population

The application must describe on not more than 4 pages the number

and characteristics of the very low-income homeless persons with

disabilities to be served and the living situations that qualify them

as homeless. The basis, or source, used for making these estimates and

estimates of the homeless population in the HA's jurisdiction should be

identified and may include local surveys or reports, including the

applicable CHAS.

(3) Narrative on Program Implementation

The application must describe on not more than 10 pages:

(a) An explanation of how the proposal will serve persons who are

disabled, including any specially designed program components that

serve any targeted homeless population, including persons who are

seriously mentally ill; have chronic problems with alcohol, drugs, or

both; or have acquired immunodeficiency syndrome (AIDS or related

diseases) and their families;

(b) The proposed plan for the use of the rental assistance, and the

proposed outreach efforts used to obtain participation of the targeted

population of eligible persons;

may describe any written agreements with transitional housing

facilities, homeless shelters, local government agencies and/or service

providers to assist in the identification of eligible persons;

(d) The plan for housing search assistance and how participants

will be linked to appropriate supportive services;

(e) The plan for evaluating the effectiveness of the overall

program by the HA, and the entities that certify to provide supportive

services, and how improvements will be made, if needed; and

(f) How the program will be carried out in a timely manner.

(4) Description of Supportive Services

The application must include the following information on the

proposed supportive services, on not more than 8 pages for items (a) to

(d) and on additional pages for items (e) and (f):

(a) A description of the range of supportive services that are

appropriate to the target population being served, and the planned

method for delivery at scattered sites;

(b) Identification of the proposed service provider(s) and a

statement of the qualifications and experience of the provider(s) in

managing the service that will be provided;

including the number and qualifications of professionals and

volunteers, with respect to the service to be provided;

(d) A description of how the service will be monitored, evaluated

and, if necessary, adapted to meet the changing needs of the population

to be served and how the services assist participants in assimilating

into the community;

(e) A certification ensuring the provision of supportive services

over the term of the rental assistance; and

(f) Firm financial commitments from supportive service providers

for the first year of funding. Financial commitments for funding of

supportive services for the second through the fifth year of the

demonstration program. The total financial commitments must match on a

one-for-one basis the amount of funding provided for rental assistance.

Any documentation from States, units of general local government,

Indian Tribes, HAs, service providers and other third parties for

supportive services commitments made to the program must follow the

required format in Attachment 7 of this NOFA.

(5) Drug-Free Workplace Certification

The Drug-Free Workplace Act of 1988 requires grantees of Federal

agencies to certify that they will provide a drug-free workplace. Thus,

each HA must certify (even though it has done so previously) that it

will comply with the drug-free workplace requirements in accordance

with 24 CFR part 24, subpart F. (See attached Certification for Drug-

Free Workplace, Attachment 3.)

(6) Certification Regarding Lobbying

Section 319 of the Department of the Interior Appropriations Act,

Public Law 101-121, approved October 23, 1989, (31 U.S.C. 1352)

generally prohibits recipients of Federal contracts, grants, and loans

from the use of appropriated funds for lobbying the Executive or

Legislative Branches of the Federal Government in connection with the

specific contract, grant, or loan. The Department's regulations on

these restrictions on lobbying are codified at 24 CFR part 87. To

comply with 24 CFR 87.110, any HA submitting an application under this

NOFA for more than $100,000 of budget authority assistance must submit

a certification and, if warranted, a Disclosure of Lobbying Activities.

To assist HAs, the text for the certification regarding lobbying

(Attachment 4 and Standard Form LLL, ``Disclosure Form to Report

Lobbying'', Attachment 5) are attached.

(7) Certification Regarding Compliance With Single Audit Act

The HA must be in compliance with the Single Audit Act, OMB

Circular No. A-128 and HUD's implementing regulations at 24 CFR part

44; or OMB Circular No. A-133, in order to be eligible for funding. The

certification must include the period covered by the last audit

conducted and submitted to HUD in accordance with these requirements,

or the period covered by the audit currently under contract. Applicants

who are not currently in compliance with the audit requirements are not

eligible for funding. To complete the application, an HA must submit a

certification of its compliance with the Single Audit Act (see

Attachment 6).

IV. Corrections to Deficient Applications

To be eligible for processing, an application must be received by

the appropriate Field Office/Indian Programs Office no later than the

date and time specified in Section II of this NOFA. The Field Office/

Indian Programs Office will initially screen all applications and

notify HAs of technical deficiencies by letter.

If an application has technical deficiencies, the HA will have 14

calendar days from the date of the issuance of written notification to

submit the missing or corrected information to the Field Office and/or

Indian Programs Office. Curable technical deficiencies relate only to

items that do not improve the substantive quality of the application

relative to the rating factors.

All HAs must submit corrections within 14 calendar days from the

date of HUD's letter notifying the applicant of any such deficiency.

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

appropriate Field Office/Indian Program Office), of the fourteenth

calendar day of the correction period will not be accepted and the

application will be rejected as incomplete. All HAs are encouraged to

review the initial screening checklist provided in Attachment 1 of this

notice. The checklist identifies all technical requirements needed for

application processing. An HA application that does not comply with the

requirements of 24 CFR 887.55(b) and this notice, including the drug-

free workplace certification and the anti-lobbying certification/

disclosure requirements, Single Audit Act certification, after the

expiration of the 14-day cure period will be rejected from processing.

V. Other Matters

(A) Environmental Impact

A Finding of No Significant Impact with respect to the environment

has been made in accordance with the Department's regulations at 24 CFR

Part 50, which implement section 102(2)(C) of the National

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

available for public inspection between 7:30 a.m. and 5:30 p.m.

weekdays in the Office of the Rules Docket Clerk, Office of General

Counsel, Department of Housing and Urban Development, room 10276, 451

Seventh Street, SW., Washington, DC 20410.

(B) Federalism Impact

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 the States, on their

political subdivisions, or on the relationship between the Federal

government and the States, or on the distribution of power or

responsibilities among the various levels of government, because this

NOFA would not substantially alter the established roles of HUD, the

States and local governments, including HAs.

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this notice does not have

potential for significant impact on family formation, maintenance, and

general well-being within the meaning of the Executive Order and, thus,

is not subject to review under the Order. This is a funding notice and

does not alter program requirements concerning family eligibility.

(D) Accountability in the Provision of HUD Assistance

On March 14, 1991 (56 FR 11032), HUD published a final rule to

implement section 102 of the Department of Housing and Urban

Development Reform Act of 1989 (HUD Reform Act). The 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 16, 1992, HUD published, at 57 FR 1942, additional information

that gave the public (including applicants for, and recipients of, HUD

assistance) further information on the implementation of section 102.

The documentation, public access, and disclosure requirements of

section 102 are applicable to assistance awarded under this NOFA as

follows:

(1) Documentation and Public Access

HUD will ensure that documentation and other information regarding

each application submitted pursuant to this NOFA are sufficient to

indicate the basis upon which assistance was provided or denied. This

material, including any letters of support, will be made available for

public inspection for a five-year period beginning not less than 30

days after the award of the assistance. Material will be made available

in accordance with the Freedom of Information Act (5 U.S.C. 552) and

HUD's implementing regulations at 24 CFR part 15. In addition, HUD will

include the recipients of assistance pursuant to this NOFA in its

quarterly 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 reports--both applicant disclosures and updates--will

be made available in accordance with the Freedom of Information Act (5

U.S.C. 552) and HUD's implementing regulations at 24 CFR part 15. (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 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. IHAs

established by an Indian tribe as a result of the exercise of the

tribe's sovereign power are excluded from coverage of the Byrd

Amendment, but IHAs established under State law are not excluded from

the statute's coverage.

(F) Prohibition Against Lobbying of HUD Personnel

Section 13 of the Department of Housing and Urban Development Act

(42 U.S.C. 3537b) contains two provisions dealing with efforts to

influence HUD's decisions with respect to financial assistance. The

first imposes disclosure requirements on those who are typically

involved in these efforts--those who pay others to influence the award

of assistance or the taking of a management action by the Department

and those who are paid to provide the influence. The second restricts

the payment of fees to those who are paid to influence the award of HUD

assistance, if the fees are tied to the number of housing units

received or are based on the amount of assistance received, or if they

are contingent upon the receipt of assistance. Section 13 was

implemented by final rule published in the Federal Register on May 17,

1991 (56 FR 29912), and is codified at 24 CFR part 86. If readers are

involved in any efforts to influence the Department in these ways, they

are urged to read the final rule, particularly the examples contained

in Appendix A of the rule.

(G) Prohibition Against Advance Information on Funding Decisions

Section 103 of the HUD Reform Act proscribes the communication of

certain information by HUD employees to persons not authorized to

receive that information during the selection process for the award of

assistance that entails a competition for its distribution. HUD's

regulations implementing section 103 are codified at 24 CFR part 4 (see

56 FR 22088, May 13, 1991). In accordance with the requirements of

section 103, HUD employees involved in the review of applications and

in the making of funding decisions under a competitive funding process

are restrained by 24 CFR 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 by 24 CFR part 4. Applicants who have questions should

contact the HUD Office of Ethics (202) 708-3815 (voice/TDD). (This is

not a toll-free number.)

Any questions concerning the Reform Act rule should be directed to

the Office of Ethics, Room 2158, Department of Housing and Urban

Development, 451 Seventh Street, SW., Washington, DC 20410-3000.

Telephone: (202) 708-3815 (voice/TDD). (This is not a toll-free

number.) Forms necessary for compliance with the rule may be obtained

from the local HUD office.

Authority: Secs. 3, 5, 8, United States Housing Act of 1937 (42

U.S.C. 1437a, 1437c, 1437f).

Dated: January 25, 1994.

Joseph Shuldiner,

Assistant Secretary for Public and Indian Housing.

Attachment 1--Checklist for Technical Requirements

The following checklist specifies the required information which

must be submitted in the application.

Initial Screening Checklist

------------------------------------------------------------------------

HA Field

-------- Office

---------

Yes No Yes No

------------------------------------------------------------------------

1. The application contains a cover letter stating the

total number of rental vouchers requested in the

application and indicates whether the applicant is

willing to accept a reduced number and the minimum

number the applicant is willing to accept.

2. The application includes Form HUD 52515,

application for Section 8 rental voucher funding.

3. The application demonstrates that the applicant

qualifies as a public housing agency and is legally

qualified and authorized to participate in the rental

assistance programs for the area in which the

programs are to be carried out. Such demonstration

includes: (1) the relevant enabling legislation, (ii)

any rules and regulations adopted or to be adopted by

the agency to govern its operations, and (iii) a

supporting opinion from the agency counsel. If such

documents are currently on file in the Field Office/

Indian Programs Office they do not have to be

resubmitted.

4. The application includes a statement that the

housing quality standards to be used in the operation

of the program will be as set forth in 24 CFR 887.251

or that variations in the Acceptability Criteria are

proposed or have been approved by the Field Office/

Indian Programs Office. In the latter case, each

proposed variation shall be specified and justified.

5. The application contains a written narrative

explanation of the proposed implementation of the set-

aside of rental voucher funding for homeless persons

with disabilities as required by Section III(B)(3) of

this NOFA. The narrative must show a schedule for the

lease-up of 100% of the units within 12 months of

application approval.

6. The application contains a description of the data

which shows the extent of homelessness within the

HA's jurisdiction as required by Section III(B)(2) of

this NOFA.

7. The application includes a certification from the

HA or a State, local government, Indian Tribe or

private entity (See Attachment 7) that ensures the

provision of supportive services, including funding

the services itself if the planned resources do not

become available for any reason.

8. The application contains a description of

supportive services proposed to be provided over the

five year term of the ACC as required by Section

III(B)(4) of this NOFA.

9. The application also contains documentation for the

proposed supportive services program as required by

Section III(B)(4) of this NOFA.

------------------------------------------------------------------------

Requirement for Drug-Free Workplace Certification, Anti-Lobbying

Certification and Disclosure Statement and Single Audit Act

------------------------------------------------------------------------

The application meets HUD's drug-free workplace

requirement set out at 24 CFR part 24, subpart F.

(The application contains an executed Certification

for a Drug-Free Workplace (Attachment 3).)

The application meets HUD's regulations regarding anti-

lobbying set out at 24 CFR part 87. The anti-lobbying

requirements apply to applications that, if approved,

would result in the HA obtaining more than $100,000

in budget authority. To comply, HAs must submit an

Anti- Lobbying Certification (Attachment 4) and if

warranted, a Disclosure of Lobbying Activities

(Attachment 5).

The application meets the requirement that the

applicant is in compliance with the Single Audit Act,

OMB Circular No. A-128 and HUD's regulations at 24

CFR Part 44; or OMB Circular No. A-133. The HA must

submit a Single Audit Act Certification (Attachment

6). HAs who are not currently in compliance with the

audit requirements will not be eligible for funding.

------------------------------------------------------------------------

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Attachment 3--Certification Regarding Drug-Free Workplace Requirements

(From 24 CFR 24, Appendix C) Instructions for Certification

1. By signing and/or submitting this application or grant

agreement, the grantee is providing the certification set out below.

2. The certification set out below is a material representation of

fact upon which reliance was placed when the agency determined to award

the grant. If it is later determined that the grantee knowingly

rendered a false certification, or otherwise violates the requirements

of the Drug-Free Workplace Act, the agency, in addition to any other

remedies available to the Federal Government, may take action

authorized under the Drug-Free Workplace Act.

3. For grantees other than individuals, Alternate I applies.

4. For grantees who are individuals, Alternate II applies.

Certification Regarding Drug-Free Workplace Requirements--Alternate I

A. The grantee certifies that it will provide a drug-free workplace

by:

(a) Publishing a statement notifying employees that the unlawful

manufacture, distribution, dispensing, possession or use of a

controlled substance is prohibited in the grantee's workplace and

specifying the actions that will be taken against employees for

violation of such prohibition;

(b) Establishing a drug-free awareness program to inform employees

about--

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee

assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse

violations occurring in the workplace;

performance of the grant be given a copy of the statement required by

paragraph (a);

(d) Notifying the employee in the statement required by paragraph

(a) that, as a condition of employment under the grant, the employee

will--

(1) Abide by the terms of the statement; and

(2) Notify the employer of any criminal drug statute conviction for

a violation occurring in the workplace no later than five days after

such conviction;

(e) Notifying the agency within ten days after receiving notice

under subparagraph (d)(2) from an employee or otherwise receiving

actual notice of such conviction;

(f) Taking one of the following actions, within 30 days of

receiving notice under subparagraph (d)(2), with respect to any

employee who is so convicted--

(1) Taking appropriate personnel action against such an employee,

up to and including termination; or

(2) Requiring such employee to participate satisfactorily in a drug

abuse assistance or rehabilitation program approved for such purposes

by a Federal, State, or local health, law enforcement, or other

appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free

workplace through implementation of paragraphs (a), (b), (c), (d), (e)

and (f).

B. The grantee shall insert in the space provided below the site(s)

for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip

code)

----------------------------------------------------------------------

(Name & Title)

----------------------------------------------------------------------

(Signature & Date)

Alternate II

The grantee certifies that, as a condition of the grant, he or she

will not engage in the unlawful manufacture, distribution, dispensing,

possession or use of a controlled substance in conducting any activity

with the grant.

----------------------------------------------------------------------

(Name & Title)

----------------------------------------------------------------------

(Signature & Date)

Attachment 4--Certification Regarding Lobbying Certification for

Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and

belief, that:

(1) No Federal appropriated funds have been paid or will be paid,

by or on behalf of the undersigned, to any person for influencing or

attempting to influence an officer or employee of any agency, a Member

of Congress, an officer or employee of a Member of Congress in

connection with the awarding of any Federal contract, the making of any

Federal grant, the making of any Federal loan, the entering into of any

cooperative agreement, and the extension, continuation, renewal,

amendment, or modification of any Federal contract, grant, loan, or

cooperative agreement.

(2) If any funds other than Federal appropriated funds have been

paid or will be paid to any person for influencing or attempting to

influence an officer or employee of Congress, or an employee of a

Member of Congress in connection with this Federal contract, grant,

loan, or cooperative agreement, the undersigned shall complete and

submit Standard Form -LLL, ``Disclosure Form to Report Lobbying,'' in

accordance with its instructions.

(3) The undersigned shall require that the language of this

certification be included in the award documents for all subawards at

all tiers (including subcontracts, subgrants, and contracts under

grants, loans, and cooperative agreements) and that all subrecipients

shall certify and disclose accordingly.

This certification is a material representation of fact upon which

reliance was placed when this transaction was made or entered into.

Submission of this certification is a prerequisite for making or

entering into this transaction imposed by section 1352, title 31, U.S.

Code. Any person who fails to file the required certification shall be

subject to a civil penalty of not less than $10,000 and not more than

$100,000 for each such failure.

Signed by: (Name, Title & Signature of Authorized HA Official)

----------------------------------------------------------------------

(Name & Title)

----------------------------------------------------------------------

(Signature & Date)

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Attachment 6--Certification Regarding Single Audit Act

The undersigned certifies that, to the best of his or her

knowledge, the housing agency is currently in compliance with the audit

requirements under the Single Audit Act, OMB Circular No. A-128 and

HUD's implementing regulations at 24 CFR Part 44; or OMB Circular No.

A-133, as applicable. This certification includes the period [insert

dates audit covers] which covers the last audit conducted and submitted

to HUD in accordance with these requirements, or the period for audit

currently under contract.

Signed by: (Name, Title & Signature of Authorized HA Official)

----------------------------------------------------------------------

(Name & Title)

----------------------------------------------------------------------

(Signature & Date)

Attachment 7--Commitments for Supportive Services

A. Certification

Applicants must submit the following certification which may be

signed by an authorized certifying official for the HA in the case that

the HA itself will ensure the provision of supportive services. In the

case that a State, local government, Indian Tribe or private entity

will ensure the provision of supportive services, an authorized

certifying official of that entity would sign this certification:

The ________________[insert name of HA or other entity] assures

that it will make available supportive services appropriate to the

needs of the population to be served and at least equal in value to the

aggregate amount of rental assistance funded by HUD for the full term

of the ACC for this program and that this [organization/government]

will fund the supportive services itself if the planned resources do

not become available for any reason.

Signature of Authorized Certifying Official:---------------------------

Date:________________

Title:________________

Name of State, local government, Indian Tribe or private entity, if

applicable:

----------------------------------------------------------------------

Applicant name and PHA Number:-----------------------------------------

B. Documentation of Supportive Services

Applicants must submit the following documentation for supportive

services. All cash contributions and the value of in-kind contributions

must be listed below in order to count as matching resources and must

include documentation in accordance with the instructions provided

below. Applicants do not have to provide documentation of the full

amount of the supportive service match in the application. Applicants

receiving awards will be required to provide over the term of the grant

supportive services that are valued at an amount at least equal to the

aggregate amount of rental assistance.

1. Summary by Type of Documented Resources

Enter in this chart the source of the supportive services

commitment, the type of service committed, the application's page

number for the documentation and the cash value as required in Section

I(D)(4) of the NOFA. Documented cash and in-kind resources may be

funded or provided from Federal, State, local, non-profit and private

sources. List only those that are committed at the time of the

application.

Summary of Supportive Services Chart

----------------------------------------------------------------------------------------------------------------

Type of service Page No. of Value of HUD use

Name of provider contributed documentation service only

----------------------------------------------------------------------------------------------------------------

................ ................ .......... ..........

----------------------------------------------------------------------------------------------------------------

2. Supportive Services Documentation

Applicants that list the cash value of matching resources in 1 must

document these resources in the appropriate format described below and

on letterhead stationery, except the documentation for private

individuals need not be printed on letterhead. No other format will be

accepted as evidence of a firm commitment.

a. Applicant Cash

________________[date]

If this proposal is funded, ________________[applicant name] will

commit $________ [amount] of its own funds for ________________[type of

activity] to be made available for the supportive services component of

the Section 8 Rental Voucher Set-aside for Homeless Persons with

Disabilities program. The funds will be available on

________________[date].

----------------------------------------------------------------------

[Signature and title of applicant's authorized representative]

b. Third Party Cash, includes State, local government, Indian Tribe or

private entity Cash

________________[date]

If this proposal is funded, ________________ [third party name]

will commit $ ________ [amount] to ________________ [applicant/

coordinating entity] for ________________ [type of activity] to be made

available for the supportive services component of the Section 8 Rental

Voucher Set-aside for Homeless Persons with Disabilities program. The

funds will be available on ________________ [date].

----------------------------------------------------------------------

[Signature and title of third party's authorized representative]

c. Third Party Non-cash Resources

________ [date]

If this proposal is funded, ________________ [third party name]

will commit to make available ________________ [type of resource]

valued at $ ________ [amount] to be made available for the supportive

services component of the Section 8 Rental Voucher Set-aside for

Homeless Persons with Disabilities program of ________________ [name of

applicant/coordinating entity]. These resources will be available on

________ [date].

----------------------------------------------------------------------

[Signature and title of third party's authorized representative]

d. Donated Professional Services

________ [date]

If this proposal is funded, ________________ [professional's name]

will commit to make available ________________ [type of resource

ordinarily performed for payment] valued at $ ________ [amount based on

customary charge] to be made available for the supportive services

component of the Section 8 Rental Voucher Set-aside for Homeless

Persons with Disabilities program of ________________ [name of

applicant/coordinating entity]. These resources will be available from

________ [date] to ________ [date].

----------------------------------------------------------------------

[Signature and title, if any]

e. Volunteer Time

________________ [date]

If this proposal is funded, ________________ [volunteer's name]

will commit to provide ________ [number] hours of volunteer time to

provide ________________ [type of activity] to be made available for

the supportive services component of the Section 8 Rental Voucher Set-

aside for Homeless Persons with Disabilities program of

________________ [name of applicant/coordinating entity]. The total

value of these services is $ ________ [amount based on $10.00 per

hour]. These resources will be available from ________ [date] to

________ [date].

----------------------------------------------------------------------

[Signature and title, if any]

f. Contribution of a Building Owned or Leased

________ [date]

If this proposal is funded, ________________ [applicant/other party

name] pledges the {building {or} leasehold interest of the building} at

________________ [site address] to be made available for the supportive

services component of the Section 8 Rental Voucher Set-aside for

Homeless Persons with Disabilities program. The building has a fair

market value of $ ________ [amount] {or} fair rental value of $

________ [amount] annually, and at constant value will amount to $

________ [amount] over ________ [term of the lease]}. An appropriate

independent third party made this assessment which is based on

comparable properties in the area. These resources will be available on

________ [date].

----------------------------------------------------------------------

[Signature and title of applicant/other party's authorized

representative]

g. Contributed Materials

________________ [date]

If this proposal is funded, ________________ [name of organization/

individual] commit ________________ [material being committed] for the

supportive services component of the Section 8 Rental Voucher Set-aside

for Homeless Persons with Disabilities program. The estimated value of

this material is $ ________ [amount].

----------------------------------------------------------------------

[Signature and title of applicant/other party's authorized

representative or signature and title, if any]

[FR Doc. 94-2092 Filed 1-31-94; 8:45 am]

BILLING CODE 4210-33-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.