Notice of Fund Availability (NOFA) for Supportive Housing for Persons With Disabilities

SUMMARY: This NOFA announces HUD's funding for supportive housing for

persons with disabilities. This document describes the following: (a)

The purpose of the NOFA and information regarding eligibility,

submission requirements, available amounts, and selection criteria; and

(b) application processing, including how to apply and how selections

will be made.

APPLICATION PACKAGE: The Application Package can be obtained from the

Multifamily Housing Clearinghouse, P.O. Box 6424, Rockville, MD 20850,

telephone 1-800-685-8470; and from the appropriate HUD Office

identified in appendix A to this NOFA. The Application Package includes

a checklist of steps and exhibits involved in the application process.

DATES: The deadline for receipt of applications in response to this

NOFA is 4 p.m. local time on July 24, 1995. The application deadline is

firm as to date and hour. In the interest of fairness to all

applicants, HUD will not consider any application that is received

after the deadline. Sponsors should take this into account and submit

applications as early as possible to avoid the risk of unanticipated

delays or delivery-related problems. In particular, Sponsors intending

to mail applications must provide sufficient time to permit delivery on

or before the deadline date. Acceptance by a Post Office or private

mailer does not constitute delivery. Facsimile (FAX), COD, and postage

due applications will not be accepted.

ADDRESSES: Applications must be delivered to the Director of the

Multifamily Housing Division in the HUD Office for your jurisdiction. A

listing of HUD Offices, their addresses, and telephone numbers is

attached as appendix A to this NOFA. HUD will date and time stamp

incoming applications to evidence timely receipt, and upon request will

provide the applicant with an acknowledgement of receipt.

FOR FURTHER INFORMATION CONTACT: The HUD Office for your jurisdiction,

as listed in appendix A to this NOFA.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this NOFA have

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

section 3504(h) of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-

3520), and assigned OMB Control Number 2502-0267.

I. Purpose and Substantive Description

A. Authority

Section 811 of the Cranston-Gonzalez National Affordable Housing

Act (the NAHA) (Pub. L. 101-625, approved November 28, 1990), as

amended by the Housing and Community Development Act of 1992) (HCD Act

of 1992) (Pub. L. 102-550, approved October 28, 1992), authorized a new

supportive housing program for persons with disabilities, and replaced

assistance for persons with disabilities previously covered by section

202 of the Housing Act of 1959 (section 202 continues, as amended by

section 801 of the NAHA, and HCD Act of 1992, to authorize supportive

housing for the elderly). HUD provides the assistance as capital

advances and contracts for project rental assistance in accordance with

24 CFR part 890. Capital advances may be used to finance the

construction, rehabilitation, or acquisition with or without

rehabilitation, including acquisition from the Resolution Trust

Corporation (RTC), of structures to be developed into a variety of

housing options ranging from group homes and independent living

facilities, to dwelling units in multifamily housing developments,

condominium housing, and cooperative housing. Acquisition without

rehabilitation is permitted only for group homes or properties acquired

from the RTC. This assistance may also cover the cost of real property

acquisition, site improvement, conversion, demolition, relocation, and

other expenses that the Secretary determines are necessary to expand

the supply of supportive housing for persons with disabilities.

For supportive housing for persons with disabilities, the

Departments of Veterans Affairs and Housing and Urban Development, and

Independent Agencies Appropriations Act, 1995 (Pub. L. 103-327,

approved September 28, 1994) provides $387,000,000 for capital advances

for supportive housing for persons with disabilities, as authorized by

section 811 of the NAHA, and for project rental assistance, and

amendments to contracts for project rental assistance, for supportive

housing for persons with disabilities, as authorized by section 811 of

the NAHA.

In accordance with an agreement between HUD and the Administration

for Rural Housing and Economic Development Services (ARHEDS) (formerly

the Farmers Home Administration (FmHA)), which facilitates the

coordination between the two agencies in administering their respective

rental assistance programs, HUD is required to notify ARHEDS of

applications for housing assistance it receives. This notification

gives ARHEDS the opportunity to comment if it has concern about the

demand for additional assisted housing and possible harm to existing

projects in the same housing market area. HUD will consider the ARHEDS

comments in its review and project selection process.

B. Allocation Amounts

In accordance with 24 CFR part 791, the Assistant Secretary will

allocate the amounts available for capital advances for supportive

housing for persons with disabilities. HUD reserves project rental

assistance funds sufficient for 20-year project rental assistance

contracts in support of the units selected for capital advances,

consistent with current operating cost standards.

The allocation formula for Section 811 funds consists of the

following two data elements:

1. A measure of the number of persons identified as having a public

transportation disability; and

2. A measure of the number of persons identified as having a work

disability.

Due to the elimination of the 10 HUD Regional Offices, the Section

811 capital advance funds have been allocated, based on the formula

above, to 51 HUD Offices as shown on the following chart:

[[Page 27601]]

Fiscal Year 1995 Allocations for Supportive Housing for Persons With

Disabilities

[Fiscal Year 1995 Section 811 Allocations]

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

Capital advance

Offices authority Units

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

New England:

Massachusetts.......................... $4,053,040 52

Connecticut............................ 2,175,115 28

New Hampshire.......................... 1,202,081 20

Rhode Island........................... 1,157,571 15

Total................................ 8,587,807 115

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

New York/New Jersey:

New York............................... 12,284,104 158

Buffalo................................ 2,926,426 43

New Jersey............................. 5,985,522 77

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

Total................................ 21,196,052 278

Mid-Atlantic:

Maryland............................... 2,039,706 32

West Virginia.......................... 1,332,779 23

Pennsylvania........................... 5,926,132 86

Pittsburgh............................. 2,421,348 40

Virginia............................... 2,107,107 40

DC..................................... 2,160,322 33

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

Total................................ 15,987,394 254

Southeast/Caribbean:

Georgia................................ 3,452,517 68

Alabama................................ 2,683,292 51

Caribbean.............................. 2,695,997 41

South Carolina......................... 2,175,093 40

North Carolina......................... 4,583,069 70

Mississippi............................ 1,793,626 36

Jacksonville........................... 8,103,682 143

Kentucky............................... 2,353,307 42

Knoxville.............................. 1,222,748 24

Tennessee.............................. 1,507,819 30

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

Total................................ 30,571,150 545

Midwest:

Illinois............................... 7,742,486 107

Cincinnati............................. 1,389,418 24

Cleveland.............................. 3,445,072 54

Ohio................................... 1,363,677 24

Michigan............................... 4,268,202 67

Grand Rapids........................... 1,056,716 19

Indiana................................ 2,819,986 49

Wisconsin.............................. 2,222,256 35

Minnesota.............................. 1,886,433 28

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

Total................................ 26,194,246 407

Southwest:

Texas/New Mexico....................... 4,033,221 77

Houston................................ 2,361,150 44

Arkansas............................... 1,452,576 31

Louisiana.............................. 2,497,047 49

Oklahoma............................... 1,582,766 32

San Antonio............................ 2,057,581 41

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

Total................................ 13,984,341 274

Great Plains:

Iowa................................... 1,150,920 22

Kansas/Missouri........................ 2,012,074 37

Nebraska............................... 779,167 15

St. Louis.............................. 1,927,154 31

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

Total................................ 5,869,315 105

Rocky Mountains:

Colorado............................... 2,629,947 46

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

Total................................ 2,629,947 46

Pacific/Hawaii:

Hawaii (Guam).......................... 1,752,779 15

Los Angeles............................ 12,903,390 169

[[Page 27602]]

Arizona................................ 1,564,195 30

Sacramento............................. 1,537,871 21

California............................. 6,495,719 86

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

Total................................ 24,253,954 321

Northwest/Alaska:

Alaska................................. 1,752,779 15

Oregon................................. 1,759,232 29

Washington............................. 2,159,783 32

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

Total................................ 5,671,794 76

============================

National Total....................... 154,946,000 2,421

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

C. Eligibility

Nonprofit organizations are the only eligible applicants under this

program. A single Sponsor shall not request more units in a given HUD

Office than permitted for that HUD Office in the Invitation.

D. Initial Screening, Technical Processing, and Selection Criteria

1. Initial Screening

HUD will review applications for section 811 capital advances that

HUD receives at the appropriate address by 4:00 p.m. local time on July

24, 1995 to determine if all parts of the application are included. HUD

will not review the content of the application as part of initial

screening. HUD will send deficiency letters, by certified mail,

informing Sponsors of any missing parts of the application. Sponsors

must correct such deficiencies within 14 calendar days from the date of

the deficiency letter. Any document requested as a result of the

initial screening may be executed or prepared within the deficiency

period, except for Forms HUD-92016-CAs, Articles of Incorporation, IRS

exemption rulings, Forms SF-424, Board Resolution committing the

minimum capital investment, and site control documents (all of these

excepted items must be dated no later than the application deadline

date).

Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE

SERVICES CERTIFICATION AND THE CERTIFICATION OF CONSISTENCY WITH THE

CONSOLIDATED PLAN AFTER THE APPLICATION DEADLINE BUT NO LATER THAN

AUGUST 25, 1995. If these are the only deficiencies discovered

during initial screening, affected Sponsors will not receive a

deficiency letter.

2. Technical Processing

All applications will be placed in technical processing upon

receipt of the response to the deficiency letter or at the end of the

14-day period. All applications will undergo a complete analysis. If a

reviewer finds that clarification is needed to complete the review or

an exhibit is missing that was not requested after initial screening,

the reviewer shall immediately advise the Multifamily Housing

Representative, who will: (a) Request, by telephone, that the Sponsor

submit the information within five (5) working days; and (b) follow up

by certified letter. Communications must be attached to the technical

review and findings memorandum. As part of this analysis, HUD will

conduct its environmental review in accordance with 24 CFR part 50 only

on those applications containing satisfactory evidence of site control.

Examples of reasons for technical processing rejection include an

ineligible Sponsor, ineligible population to be served, lack of legal

capacity, or a Supportive Services Certification on which the

appropriate State or local agency indicated that the provision of

services is not well-designed to meet the needs of persons with

disabilities, or that the Sponsor did not demonstrate sufficiently that

supportive services will be provided on a consistent, long-term basis.

The Secretary will not reject an application based on technical

processing without giving notice of that rejection with all rejection

reasons and affording the applicant an opportunity to appeal. HUD will

afford an applicant 14 calendar days from the date of HUD's written

notice to appeal a technical rejection to the HUD Office. The HUD

Office must respond within five working days to the Sponsor. The HUD

Office shall make a determination on an appeal prior to making its

selection recommendations. All applications will be either rated or

technically rejected at the end of technical processing.

Technical processing will also assure that the Sponsor has complied

with the requirements in the civil rights certification (24 CFR

890.265(b)(9)(i)). There must not have been an adjudication of a civil

rights violation in a civil action brought against the Sponsor by a

private individual, unless the Sponsor is operating in compliance with

a court order, or implementing a HUD-approved compliance agreement

designed to correct the areas of noncompliance. There must be no

pending civil rights suits against the Sponsor instituted by the

Department of Justice, and no pending administrative actions for civil

rights violations instituted by HUD (including a charge of

discrimination under the Fair Housing Act). There must be no

outstanding findings of noncompliance with civil rights statutes,

Executive Orders, or regulations, as a result of formal administrative

proceedings, nor any charges issued by the Secretary against the

Sponsor under the Fair Housing Act, unless the Sponsor is operating

under a conciliation or compliance agreement designed to correct the

areas of noncompliance. Moreover, there must not be a deferral of the

processing of applications from the Sponsor imposed by HUD under Title

VI of the Civil Rights Act of 1964, HUD's implementing regulations (24

CFR 1.8), procedures (HUD Handbook 8040.1), and the Attorney General's

Guidelines (28 CFR 50.3); or under section 504 of the Rehabilitation

Act of 1973 and HUD's implementing regulations (24 CFR 8.57), and the

Americans with Disabilities Act.

Upon completion of technical processing, all acceptable

applications will be rated according to the selection

[[Page 27603]] criteria in 24 CFR 890.300(d) (also below in section

I.D.3. of this NOFA). Applications that have a total score of 50 points

or more will be eligible for selection and will be placed in rank

order. These applications will be selected based on rank order to and

including the last application that can be funded out of the local HUD

Office's allocation. Local HUD Offices will no longer skip over any

applications in order to select one based on the funds remaining. Any

funds remaining after this process has been completed will be returned

to Headquarters for selecting applications based on a national rank

order.

3. Selection Criteria

Applications for Section 811 capital advances that successfully

complete technical processing will be rated using the following

selection criteria:

(a) The Sponsor's ability to develop and operate the proposed

housing on a long-term basis, considering the following (70 points

maximum--60 base points plus 10 bonus points):

(1) The scope, extent, and quality of the Sponsor's experience in

providing housing or related services to those proposed to be served by

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

units, services, relocation costs, development, and operation) in

relationship to the Sponsor's demonstrated development and management

capacity.(32 points);

(2) The scope, extent, and quality of the Sponsor's experience in

providing housing or related services to minority persons or families

(8 points);

(3) The scope, extent, and quality of the Sponsor's experience in

providing opportunities for minority- and women-owned business

enterprises participation (5 points);

(4) Applications submitted by Sponsors whose boards are comprised

of at least 51 percent persons with disabilities (5 bonus points);

(5) The extent of local community support for the project and for

the Sponsor's activities, including previous experience in serving the

area where the project is to be located, and the Sponsor's demonstrated

ability to enlist volunteers and raise local funds (15 points); and

(6) The Sponsor's involvement of persons with disabilities

(including minority persons with disabilities) in the development of

the application, and its intent to involve persons with disabilities

(including minority persons with disabilities) in the development of

the project (5 bonus points).

(b) The need for supportive housing for persons with disabilities

in the area to be served, the extent to which the Sponsor has site

control, suitability of the site, and the design of the project,

considering (50 points maximum--40 base points plus 10 bonus points):

(1) The extent of the need for the project in the area based on a

determination by the HUD Office. This determination will be made by

considering the Sponsor's evidence of need in the area based on the

guidelines in Sec. 890.265(b)(18), as well as other economic,

demographic, and housing market data available to the HUD Office. The

data could include the availability of existing Federally assisted

housing (HUD and ARHEDS) for persons with disabilities and current

occupancy in such facilities, Federally assisted housing for persons

with disabilities under construction or for which fund reservations

have been issued, and, in accordance with an agreement between HUD and

ARHEDS, comments from ARHEDS on the demand for additional assisted

housing and the possible harm to existing projects in the same housing

market area (8 points);

(2) Applications containing acceptable evidence of control of an

approvable site (10 bonus points);

(3) The proximity or accessibility of the site to shopping, medical

facilities, transportation, places of worship, recreational facilities,

places of employment, and other necessary services to the intended

occupants; adequacy of utilities and streets, and freedom of the site

from adverse environmental conditions (site control projects only); and

compliance with the site and neighborhood standards (15 points);

(4) Suitability of the site from the standpoint of promoting a

greater choice of housing opportunities for minority persons with

disabilities (7 points); and

(5) The extent to which the proposed design will meet any special

needs of persons with disabilities the housing is intended to serve and

will accommodate the provision of any necessary on-site supportive

services for the proposed residents (10 points).

(c) The project will be located within the boundaries of a

Federally-designated Empowerment Zone, Urban Supplemental Empowerment

Zone, Enterprise Community, or Urban Enhanced Enterprise Community (5

bonus points).

The maximum number of points an application can earn without bonus

points is 100. An application can earn an additional 25 bonus points

for a maximum total of 125 points.

II. Application Process

All applications for Section 811 capital advances submitted by

eligible Sponsors must be filed with the appropriate HUD Office

receiving an allocation and must meet the requirements of this NOFA. No

application will be accepted after 4 p.m. local time on July 24, 1995,

unless that date and time is extended by a Notice published in the

Federal Register. HUD will not accept applications received after that

date and time, even if postmarked by the deadline date. Applications

submitted by facsimile are not acceptable.

Immediately upon publication of this NOFA, if names have not

already been provided to the Multifamily Housing Clearinghouse, HUD

Offices shall notify minority media and media for persons with

disabilities, all persons and organizations on their mailing lists,

minority and other organizations within their jurisdiction involved in

housing and community development, and groups with special interest in

housing for disabled households.

Organizations interested in applying for a Section 811 capital

advance should contact the Multifamily Housing Clearinghouse at 1-800-

685-8470 for a copy of the Application Package, and advise the

appropriate HUD Office if they wish to attend the workshop described

below. HUD encourages minority organizations to participate in this

program as Sponsors. HUD Offices will advise all organizations on their

mailing list of the date, time, and place of workshops at which HUD

will explain the Section 811 program.

HUD strongly recommends that prospective applicants attend the

local HUD Office workshop. Interested persons with disabilities should

contact the HUD Office to assure that any necessary arrangements can be

made to enable their attendance and participation in the workshop.

While strongly urged to do so, if Sponsors cannot attend a workshop,

Application Packages can also be obtained from the Multifamily Housing

Clearinghouse (see address and telephone number in the ``Application

Package'' section, above). However, Sponsors must contact the

appropriate HUD Office with any questions regarding the submission of

applications and for any additional application requirements. At the

workshops, HUD will distribute Application Packages and will explain

application procedures and requirements. Also, HUD will address

concerns such as local market conditions, building codes, historic

preservation, floodplain management, [[Page 27604]] displacement and

relocation, zoning, and housing costs.

III. Application Submission Requirements

A. Application

Each application shall include all of the information, materials,

forms, and exhibits listed in section III.B., below, of this NOFA (with

the exception of applications submitted by Sponsors selected for a

Section 811 fund reservation within the last three funding cycles), and

must be indexed and tabbed. Previously selected Section 811 Sponsors

are not required to submit the information described in B.2. (a), (b),

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

application), which are the articles of incorporation (or other

organizational documents), by-laws, and the IRS tax exemption,

respectively. If there has been a change in any of the eligibility

documents since its previous HUD approval, the Sponsor must submit the

updated information in its application. The HUD Office will base its

determination of the eligibility of a new Sponsor for a reservation of

Section 811 capital advance funds on the information provided in the

application. HUD Offices will verify a Sponsor's indication of previous

HUD approval by checking the project number and approval status with

the appropriate HUD Office. In addition to this relief of paperwork

burden in preparing applications, applicants will be able to use

information and exhibits previously prepared for prior applications

under Section 811, Section 202, or other funding programs. Examples of

exhibits that may be readily adapted or amended to decrease the burden

of application preparation include, among others, those on previous

participation in the Section 202 or Section 811 programs; applicant

experience in the provision of housing and services; supportive

services plan; community ties; and experience serving minorities.

B. General Application Requirements

1. Form HUD-92016-CA, Application for Section 811 Supportive

Housing Capital Advance.

Note: A SPONSOR MAY APPLY FOR A SCATTERED SITE PROJECT PROVIDED

EACH SITE CONTAINS THE SAME FACILITY TYPE (E.G., GROUP HOME,

INDEPENDENT LIVING FACILITY, CONDOMINIUM UNIT). IF THE SPONSOR

PROPOSES A MIX OF FACILITY TYPES, IT MUST SUBMIT ONE APPLICATION PER

FACILITY TYPE.

2. Evidence of each Sponsor's legal status as a nonprofit

organization, including the following:

(a) Articles of Incorporation, constitution, or other

organizational documents;

(b) By-laws;

(c) IRS section 501(c)(3) tax exemption ruling (this must be

submitted by all Sponsors, including churches). Previously, nonprofit

organizations in Puerto Rico were exempt from this requirement provided

they were exempt from income taxation under Puerto Rico law, have never

been liable for payment of Federal income taxes, and do not pay

patronage dividends. HUD has learned, however, that nonprofit

organizations in Puerto Rico may apply and be granted IRS section

501(c)(3) tax exemption rulings. This requirement also applies to

nonprofit organizations in Guam. Therefore, to the extent permitted

within the application period for this NOFA, Sponsors should pursue a

tax exemption ruling under 501(c)(3). If a Sponsor is unable, after

using its best efforts, to secure such a ruling, it may use the

regulatory exemption described in this paragraph (c), above.

Note: SPONSORS WHO HAVE RECEIVED A SECTION 811 FUND RESERVATION

WITHIN THE LAST THREE FUNDING CYCLES ARE NOT REQUIRED TO SUBMIT THE

DOCUMENTS DESCRIBED IN (a), (b), and (c), ABOVE. INSTEAD, SPONSORS

MUST SUBMIT THE PROJECT NUMBER OF THE LATEST APPLICATION SUBMITTED

AND THE HUD OFFICE TO WHICH IT WAS SUBMITTED. IF THERE HAVE BEEN ANY

MODIFICATIONS OR ADDITIONS TO THE SUBJECT DOCUMENTS, INDICATE SUCH,

AND SUBMIT THE NEW MATERIAL.

(d) Resolution of the board, duly certified by an officer, that no

officer or director of the Sponsor or Owner has or will have any

financial interest in any contract with the Owner or in any firm or

corporation that has or will have a contract with the Owner and that

includes a current listing of all duly qualified and sitting officers

and directors by title and the ending date of each person's term.

(e) The number of people on the Sponsor's board and the number of

those people who have a disability.

3. Sponsor's purpose, community ties, and experience, including the

following:

(a) Description of Sponsor's purpose and current activities;

(b) Description of Sponsor's ties to the community at large and to

the disabled community in particular;

(c) Description of Sponsor's housing and/or supportive services

experience. The description should include any rental housing projects

and/or medical facilities sponsored, owned, and operated by the

Sponsor, the Sponsor's past or current involvement in any programs

other than housing that demonstrates the Sponsor's management

capabilities and experience, and the Sponsor's experience in serving

persons with disabilities and minorities.

(d) Description of Sponsor's experience in contracting with

minority- and women-owned businesses, including a summary of the total

amount awarded in each of the two categories for the preceding three

years, and the percentage that amount represents of all contracts

awarded by the Sponsor in the relevant time period;

(e) A certified Board Resolution acknowledging responsibilities of

sponsorship, long-term support of the project(s), willingness of

Sponsor to assist the Owner to develop, own, manage and provide

appropriate services in connection with the proposed project, and that

it reflects the will of its membership. Also, evidence, in the form of

a certified Board Resolution, of the Sponsor's willingness to fund the

estimated start-up expenses, the Minimum Capital Investment (one-half

of one-percent of the HUD-approved capital advance, not to exceed

$10,000) (see Sec. 890.250), and the estimated cost of any amenities or

features (and operating costs related thereto) that would not be

covered by the approved capital advance;

(f) Description, if applicable, of the Sponsor's efforts to involve

persons with disabilities in the development of the application, as

well as its intent to involve persons with disabilities in the

development of the project.

4. Project information including the following:

(a) Evidence of need for supportive housing. An identification of

the proposed population and evidence demonstrating sustained effective

demand for the housing for the proposed population in the area to be

served, such as a description of market conditions in existing

Federally assisted housing for persons with disabilities (occupancy,

waiting lists, etc.), State or local needs assessments of persons with

disabilities in the area, the types of supportive services arrangements

currently available in the area, and the use of such services as

evidenced by data from local social service agencies.

(b) Description of the project, including the following:

(1) Number and type of structure(s), number of bedrooms if group

home, number of units with bedroom distribution if independent living

units (including condos), number of residents with disabilities, and

resident staff per structure. [[Page 27605]]

(2) An identification of all community spaces, amenities, or

features planned for the housing. A description of how the spaces,

amenities, or features will be used, the extent to which they are

necessary to accommodate any special needs of the proposed residents,

and the provision of any on-site supportive services also must be

included. If these community spaces, amenities, or features would not

comply with the design and cost standards of Sec. 890.220, the Sponsor

must demonstrate its ability and willingness to contribute both the

incremental development cost and continuing operating cost associated

with the community spaces, amenities, or features; and

(3) Description of whether and how the project will promote energy

efficiency, and, if applicable, innovative construction or

rehabilitation methods or technologies to be used that will promote

efficient construction.

(c) A supportive services plan (a copy of which must be sent to the

appropriate State or local agency as instructed in section IV.B.,

below, of this NOFA) that includes:

(1) A detailed description of whether the housing is intended to

serve persons with physical, mental, or emotional impairments,

developmental disabilities, or chronic mental illness. Include how and

from whom persons will be referred and admitted to the project. The

Sponsor may, with the approval of the Secretary, limit occupancy within

housing developed under this part to persons with disabilities who have

similar disabilities and require a similar set of supportive services

in a supportive housing environment.

(2) A detailed description of any supportive service needs of the

proposed population and the extent to which the supportive services

will be needed.

(3) The manner in which such services will be provided, either by

residents taking responsibility for acquiring their own services, to

the extent needed, on an individual basis, or by a comprehensive

service plan organized by the Sponsor.

(4) If services will be organized or provided by the Sponsor,

include the following:

(i) The name(s) of the agency(s) (if other than the Sponsor) that

will be responsible for providing the supportive services;

(ii) The evidence of each service provider's capability and

experience in providing such supportive services;

(iii) A description of how, when, how often, and where (on/off-

site) the services will be provided;

(iv) A description of residential staff, if needed;

(v) Identification of the extent of State and local funds to assist

in the provision of supportive services;

(vi) Letters of intent from service providers or funding sources,

indicating commitments to fund or to provide the supportive services,

or indication that a particular service will be available to proposed

residents. If the Sponsor will be providing any supportive services or

will be coordinating the provision of any of the supportive services, a

letter indicating its commitment to either provide the supportive

services or ensure their provision for the life of the project;

(vii) If any State or local government funds will be provided, a

description of the State or local agency's philosophy/policy concerning

residential facilities for the population to be served, and a

demonstration by the Sponsor that the application is consistent with

State or local plans and policies governing the development and

operation of facilities for the same disabled population.

(5) If the proposed residents will be taking responsibility for

acquiring their own supportive services, a description of appropriate

services in the community from which the residents can choose.

(6) Assurances that the proposed residents will receive supportive

services based on their individual needs, and a commitment that

accepting supportive services will not be a condition of occupancy.

(7) Form HUD 92013E, Supplemental Application Processing Form--

Housing for Persons with Disabilities. Identify all supportive

services, if any, to be provided to the persons occupying such housing.

(d) Supportive Services Certification. A certification from the

appropriate State or local agency identified in the Application Package

that the provision of supportive services is well designed to serve the

special needs of persons with disabilities, that the necessary

supportive services will be provided on a consistent, long-term basis,

and that the proposed facility is consistent with State or local plans

and policies governing the development and operation of facilities to

serve individuals of the proposed occupancy category. (The name,

address, and telephone number of the appropriate agency can be obtained

from the appropriate HUD Office.)

Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE

SERVICES CERTIFICATION AFTER THE APPLICATION DEADLINE DATE BUT NO

LATER THAN AUGUST 25, 1995.

(e) Evidence of control of an approvable site, or identification of

a site for which the Sponsor provides reasonable assurances that it

will obtain control within 6 months from the date of fund reservation

(if Sponsor is approved for funding).

(1) If the Sponsor has control of the site, it must submit the

following information:

(i) Evidence that the Sponsor has entered into a legally binding

option agreement to purchase or lease the proposed site; or has a copy

of the contract of sale for the site, a deed, long-term leasehold, a

request with all supporting documentation, submitted either prior to or

with the Application for Capital Advance, for a partial release of a

site covered by a mortgage under a HUD program, or other evidence of

legal ownership of the site (including properties to be acquired from

the RTC). The option agreement period must extend through the end of

the current fiscal year and contain a renewal provision so that the

option can be renewed for at least an additional six months. The

Sponsor must also identify any restrictive covenants, including

reverter clauses. In the case of a site to be acquired from a public

body, evidence that the public body possesses clear title to the site,

and has entered into a legally binding agreement to lease or convey the

site to the Sponsor after it receives and accepts a notice of Section

811 capital advance, and identification of any restrictive covenants,

including reverter clauses. However, in localities where HUD determines

that the time constraints of the funding round will not permit all of

the required official actions (e.g., approval of Community Planning

Boards) that are necessary to convey publicly-owned sites, a letter in

the application from the mayor or director of the appropriate local

agency indicating their approval of conveyance of the site contingent

upon the necessary approval action is acceptable and may be approved by

the HUD Office if it has satisfactory experience with timely conveyance

of sites from that public body. In such cases, documentation shall also

include a copy of the public body's evidence of ownership and

identification of any restrictive covenants, including reverter

clauses. For properties to be acquired from the RTC, include a copy of

the RTC prepared Transaction Screen Checklist or Phase I Environmental

Site Assessment, and applicable [[Page 27606]] documentation, per the

RTC Environmental Guidelines.

Note: A PROPOSED PROJECT SITE MAY NOT BE ACQUIRED OR OPTIONED

FROM A GENERAL CONTRACTOR (OR ITS AFFILIATE) THAT WILL CONSTRUCT THE

SECTION 811 PROJECT OR FROM ANY OTHER DEVELOPMENT TEAM MEMBER.

(ii) Evidence that the project as proposed is permissible under

applicable zoning ordinances or regulations, or a statement of the

proposed action required to make the proposed project permissible and

the basis for the belief that the proposed action will be completed

successfully before the submission of the commitment application (e.g.,

a summary of the results of any recent requests for rezoning on land in

similar zoning classifications and the time required for such rezoning,

preliminary indications of acceptability from zoning bodies, etc.).

(iii) Narrative description of site and area surrounding the site,

characteristics of neighborhood, how the site will promote greater

housing opportunities for minorities, and any other information that

affects the suitability of the site for persons with disabilities and

including:

(A) If acquisition, evidence that the structure has been

constructed or occupied for at least three years (other than RTC

properties);

(B) A statement that the Sponsor is willing to seek a different

site if the preferred site is unapprovable and that site control will

be obtained within six months of notification of fund reservation;

(C) A map showing the location of the site and the racial

composition of the neighborhood, with the area of racial concentration

delineated;

(D) A Transaction Screen Process, in accordance with the American

Society for Testing and Material (ASTM) Standards E 1528-93 and E 1527-

93, as amended. If the completion of the Transaction Screen

Questionnaire results in either a ``yes'' or ``unknown'' response,

further study is required, and the Sponsor must complete a Phase I

Environmental Site Assessment in accordance with the ASTM and submit it

with the application. If the Phase I study indicates the possible

presence of contamination and/or hazards, further study must be

undertaken. At this point, the Sponsor must decide whether to continue

with this site or choose another site. Should the Sponsor choose

another site, the same environmental site assessment procedure

identified above must be followed for that site. Since all Transaction

Screen processes and Phase I studies must be completed and submitted

with the application, it is important that the Sponsor start the site

assessment process as soon after the publication of this NOFA as

possible.

If the Sponsor chooses to continue with the original site, then it

must undertake a detailed Phase II Environmental Site Assessment by an

appropriate professional.

Note: THIS COULD BE AN EXPENSIVE UNDERTAKING. THE COST OF THE

STUDY WILL BE BORNE BY THE SPONSOR IF THE APPLICATION IS NOT

SELECTED.

If the Phase II Assessment reveals site contamination, the extent

of the contamination and a plan for clean-up of the site must be

submitted to the local HUD Office. The plan for clean-up must include a

contract for remediation of the problem(s) and an approval letter from

the applicable Federal, State, and/or local agency with jurisdiction

over the site. In order for the application to be considered for review

under this FY 1995 funding, this information would have to be submitted

to the local HUD Office no later than August 16, 1995.

(E) If an exception to the project size limits is being requested,

describe why the site was selected and demonstrate the following:

(i) The increased number of people is necessary for the economic

feasibility of the project;

(ii) The project is compatible with other residential development

and the population density of the area in which the project is to be

located;

(iii) The increased number of people will not prohibit their

successful integration into the community;

(iv) The project is marketable in the community;

(v) The size of the project is consistent with State and/or local

policies governing similar facilities for the proposed population; and

(vi) A statement that the Sponsor is willing to have its

application processed at the project size limit should HUD not approve

the exception.

(2) If the Sponsor has identified a site, but does not have it

under control, it must submit the following information:

(i) A description of the location of the site, including its street

address and unit number (if condominium), neighborhood/community

characteristics (to include racial and ethnic data), amenities,

adjacent housing and/or facilities, how the site will promote greater

housing opportunities for minorities, and any other information that

affects the suitability of the site for persons with disabilities;

(ii) A description of the activities undertaken to identify the

site, as well as what actions must be taken to obtain control of the

site, if approved for funding;

(iii) An indication as to whether the site is properly zoned. If it

is not, an indication of the actions/time necessary for proper zoning;

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

(v) An indication as to whether the site would involve relocation.

(f) Statements of support for the proposed project from

nongovernmental organizations familiar with the needs of the population

it would serve, any sources of local funds to serve the project,

minority support, and how long the Sponsor has been in existence

(include any additional related information).

(g) For group homes to be licensed as intermediate care facilities

(in which funding for the intermediate care is provided under Title XIX

of the Social Security Act) that serve persons with developmental

disabilities, the following must be submitted:

(1) Evidence demonstrating that the proposed project will primarily

provide housing rather than medical facilities, and is or will be

licensed by appropriate State agencies;

(2) Description of the medical training of the staff of the

proposed facility and any nursing services that will be required by the

residents on-site;

(3) Description of the services that will be funded by Medicaid for

residents of the proposed project, including their nature, frequency,

and where the services are to be provided;

(4) Description of any special design features proposed for the

group home that are not common to other Section 811 group homes for the

proposed population, and the Sponsor's rationale for including them;

(5) Written evidence from the State Medicaid Office that it

recognizes the need for a tenant contribution to rent and has agreed to

pay the cost of the tenant contribution in the Medicaid payment to the

Owner; and

(6) Statement certifying that the Individual Program Plan for each

resident will include participation in an out-of-the-home activity

program for at least six hours each weekday.

5. A list of the applications, if any, the Sponsor has submitted or

is planning to submit to any other HUD Office in response to this NOFA

or the NOFA for Supportive Housing for the Elderly (published elsewhere

in today's Federal Register). Indicate, by HUD Office, the number of

units requested and the proposed location by city and State for each

application. Also, a list of all FY 1994 and prior year projects to

which the Sponsor(s) is a party, identified by [[Page 27607]] project

number and HUD Office, which have not been finally closed.

6. HUD-2880, Applicant/Recipient Disclosure/Update Report including

Social Security Numbers and Employee Identification Numbers.

7. E.O. 12372. A certification that the Sponsor has submitted a

copy of its application, if required, to the State agency (single point

of contact) for State review in accordance with Executive Order 12372.

8. A statement that: (a) Identifies all persons (families,

individuals, businesses, and nonprofit organizations) by race/minority

group and status as owners or tenants occupying the property on the

date of submission of the application for a capital advance; (b)

Indicates the estimated cost of relocation payments and other services;

and (c) Identifies the staff organization that will carry out the

relocation activities. (This requirement applies to applications with

site control only. Sponsors of applications with identified sites that

are selected will be required to submit this information at a later

date once they have obtained site control.)

Note: IF ANY OF THE RELOCATION COSTS WILL BE FUNDED FROM SOURCES

OTHER THAN THE SECTION 811 CAPITAL ADVANCE, THE SPONSOR MUST PROVIDE

EVIDENCE OF A FIRM COMMITMENT OF THESE FUNDS. WHEN EVALUATING

APPLICATIONS, HUD WILL CONSIDER THE TOTAL COST OF PROPOSALS (I.E.,

COST OF SITE ACQUISITION, RELOCATION, CONSTRUCTION AND OTHER PROJECT

COSTS).

9. SF-424. A certification on SF-424, Application for Federal

Assistance, that the Sponsor(s) is not delinquent on the repayment of

any Federal debt.

10. Disclosure of Lobbying Activities. If the amount applied for is

greater than $100,000, the certification with regard to lobbying

required by 24 CFR part 87 must be included. If the amount applied for

is greater than $100,000 and the applicant has made or has agreed to

make any payment using nonappropriated funds for lobbying activity, as

described in 24 CFR part 87, the submission must also include SF-LLL,

Disclosure of Lobbying Activities. The applicant determines if the

submission of the SF-LLL form is applicable.

11. Sponsor Certifications.

(a) A certification of the Sponsor(s)' intent to comply with

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the

implementing regulations at 24 CFR part 8; the Fair Housing Act (42

U.S.C. 3600-3619) and the implementing regulations at 24 CFR parts 100,

108, 109, and 110; Title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d) and the implementing regulations at 24 CFR part 1; section 3 of

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

implementing regulations at 24 CFR part 135; the Age Discrimination Act

of 1975 (42 U.S.C. 6101-6107) and the implementing regulations at 24

CFR part 146; Executive Order 11246 (as amended) and the implementing

regulations at 41 CFR Chapter 60; the regulations implementing

Executive Order 11063 (Equal Opportunity in Housing) at 24 CFR part

107; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) to

the extent applicable; the affirmative fair housing marketing

requirements of 24 CFR part 200, subpart M and the implementing

regulations at 24 CFR part 108; and other applicable Federal, State,

and local laws prohibiting discrimination and promoting equal

opportunity.

(b) A certification that the Sponsor(s) will comply with the

requirements of the Drug-Free Workplace Act.

(c) A certification that the project will comply with HUD's design

and cost standards; the Uniform Federal Accessibility Standards and

HUD's implementing regulations at 24 CFR part 40; section 504 of the

Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR

part 8; and for covered multifamily dwellings designed and constructed

for first occupancy after March 13, 1991, the design and construction

requirements of the Fair Housing Act and HUD's implementing regulations

at 24 CFR part 100; and the Americans with Disabilities Act of 1990.

(d) A certification by the Sponsor(s) that it will comply (or has

complied) with the acquisition and relocation requirements of the

Uniform Relocation Assistance and Real Property Acquisition Policies

Act of 1970, as amended (URA), implemented by regulations at 49 CFR

part 24, and 24 CFR 890.260(e).

(e) A certification by the Sponsor(s) that it will form an Owner

(as defined in 24 CFR 890.105) after the issuance of the capital

advance, will cause the Owner to file a request for determination of

eligibility and a request for capital advance under 24 CFR 890.300, and

will provide sufficient resources to the Owner to insure the

development and long-term operation of the project.

(f) A certification that the Sponsor will comply with the

requirements of the Lead-Based Paint Poisoning Prevention Act (42

U.S.C. 4821-4846) and implementing regulations at 24 CFR part 35

(except as superseded in 24 CFR 890.260(f)(2)).

(g) Certification of Consistency with the Consolidated Plan (Plan)

for the jurisdiction in which the proposed project will be located must

be submitted by the Sponsor (see NOTE below if the jurisdiction does

not have an approved Plan). The certification must be made by the unit

of general local government if it is required to have, or has, a

complete Plan. Otherwise the certification may be made by the State, or

if the project will be located in a unit of general local government

authorized to use an abbreviated strategy, by the unit of general local

government if it is willing to prepare such a Plan.

All certifications must be made by the public official responsible

for submitting the Plan to HUD. The certifications must be submitted as

part of the application by the application submission deadline set

forth in this NOFA, except as provided in the next paragraph. The Plan

regulations are published in 24 CFR part 91.

Notes: (1) IF THE JURISDICTION'S PLAN PROGRAM YEAR HAS NOT YET

STARTED, THE JURISDICTION MAY CERTIFY CONSISTENCY WITH THEIR FY 1994

CHAS IN LIEU OF THE PLAN. A NOTICE PUBLISHED IN THE FEBRUARY 6, 1995

FEDERAL REGISTER ESTABLISHED THAT A JURISDICTION'S PREVIOUSLY

APPROVED CHAS WILL REMAIN IN EFFECT UNTIL THE START DATE OF THE

JURISDICTION'S NEW CONSOLIDATED PROGRAM YEAR, AT WHICH POINT THE

JURISDICTION'S NEW PLAN WOULD TAKE EFFECT. THE NOTICE ALSO ALLOWS

JURISDICTIONS TO USE THEIR ANNUAL PLAN FOR FY 1994 AS EXTENDED BY

THE FEBRUARY 6, 1995 FEDERAL REGISTER NOTICE FOR THE PURPOSE OF

CERTIFICATIONS OF CONSISTENCY.

(2) SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE

CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN AFTER THE

APPLICATION DEADLINE BUT NO LATER THAN AUGUST 25, 1995.

IV. Additional Information

A. Sites

The National Affordable Housing Act requires Sponsors submitting

applications for Section 811 fund reservations to provide either (a)

evidence of site control, or (b) reasonable assurances that it will

have control of a site within six months of notification of fund

reservation. Accordingly, if a Sponsor has control of a site at the

time it submits its application, it must include evidence of such as

described in 24 CFR 890.265. If it does not have site control, it must

provide the information required in Sec. 890.265 as a reasonable

assurance that site control will be obtained within six months of fund

reservation notification. [[Page 27608]]

Sponsors may select a site different from the one(s) submitted in

their original applications if the original site is not approvable.

Selection of a different site will require HUD performance of an

environmental review on the new site, which could result in rejection

of that site. However, if a Sponsor does not have site control for any

reason 12 months after notification of fund reservation, the assistance

will be recaptured and reallocated.

Sponsors submitting satisfactory evidence of an approvable site

(i.e., site control) will have 10 bonus points added to the rating of

their applications. Sponsors submitting proper identification of a site

will not be eligible for the 10 bonus points.

Applications containing evidence of site control where either the

evidence or the site is not approvable will not be rejected provided

the application indicates the Sponsor's willingness to select another

site and an assurance that site control will be obtained within six

months of fund reservation notification.

In the case of a scattered site application submitted with evidence

of site control for all of the sites, the evidence must be satisfactory

for each site, and all the sites must be approvable for the application

to receive the 10 bonus points for site control. The same applies to a

scattered site application in which the Sponsor has control of some of

the sites but has only identified others. It would also not be eligible

for the 10 bonus points for site control.

B. Supportive Services

The National Affordable Housing Act requires Sponsors submitting

applications for Section 811 fund reservations to include a supportive

services plan and a certification from the appropriate State or local

agency that the provision of services identified in the supportive

services plan is well designed to serve the special needs of persons

with disabilities. Paragraph III.B.4.(c) above outlines the information

that must be in the Supportive Services Plan. Sponsors must submit one

copy of their Supportive Services Plans to the appropriate State or

local agency well in advance of the application deadline date in order

for the State or local agency to review the Supportive Services Plan

and complete the Supportive Services Certification (Paragraph

III.B.4(d) above, to be supplied by the Sponsor from the Application

Package received from the HUD Office) and return it to the Sponsor for

inclusion with the application submission to HUD.

Note: SPONSORS OF PROJECTS IN OKLAHOMA MAY SUBMIT THE SUPPORTIVE

SERVICES CERTIFICATION AFTER THE APPLICATION DEADLINE DATE BUT NO

LATER THAN AUGUST 25, 1995.

Since the appropriate State or local agency will review the

Supportive Services Plan on behalf of HUD, the Supportive Services

Certification, in addition to the indication as to whether the

provision of supportive services is well designed, will indicate

whether the Sponsor demonstrated that necessary supportive services

will be provided on a consistent, long-term basis. If HUD receives an

application in which the Supportive Services Certification is missing,

is received by HUD after the deficiency period, or indicates that

either the provision of services is not well designed to meet the

special needs of persons with disabilities or that the Sponsor failed

to demonstrate that the necessary services will be provided on a

consistent, long-term basis, the application shall be rejected.

HUD recognizes that there will be varying degrees of need for

supportive services by the potential residents of Section 811 housing,

even to the degree of needing no special services at all. Sponsors must

describe this in the application, in Exhibit 4. A Sponsor proposing to

serve persons with disabilities who need few, if any, special services

will not have its application penalized as a result. In addition,

Sponsors may not require residents, as a condition of occupancy, to

accept any supportive service.

C. Project Size Limits

The maximum number of persons with disabilities in an independent

living facility is 24 persons for all disability types.

V. Other Matters

A. Environmental Impact

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations that implement section

102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.

4332). The Finding of No Significant Impact is available for public

inspection during business hours in the Office of the Rules Docket

Clerk, Office of General Counsel, Room 10276, Department of Housing and

Urban Development, 451 Seventh Street, SW, Washington, DC 20410.

B. Federalism Executive Order

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12612, Federalism, has determined that this NOFA

does not have substantial direct effects on States or their political

subdivisions, or on the relationship between the Federal government and

the States, or on the distribution of power and responsibilities among

the various levels of government. This NOFA merely notifies the public

of the availability of capital advances for supportive housing for

persons with disabilities.

C. Family Executive Order

The General Counsel, as the Designated Official under Executive

Order 12606, the Family, has determined that this NOFA does not have

the potential for significant impact on family formation, maintenance,

or general well-being. This NOFA may have a positive though indirect

effect on families, to the extent that families will benefit from the

provision of supportive housing for persons with disabilities. Since

any effect on families is beneficial, this NOFA is not subject to

review under the Order.

D. Accountability in the Provision of HUD Assistance

HUD has promulgated a final rule to implement section 102 of the

Department of Housing and Urban Development Reform Act of 1989 (HUD

Reform Act). 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 14, 1992, HUD published in

the Federal Register (57 FR 1942) additional information that gave the

public (including applicants for, and recipients of, HUD assistance)

further information on the implementation, public access, and

disclosure requirements of section 102. The documentation, public

access, and disclosure requirements of section 102 are applicable to

assistance awarded under this NOFA as follows:

1. Documentation and Public Access

HUD will ensure 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 [[Page 27609]] pursuant to this

NOFA in its Federal Register notice of all recipients of HUD assistance

awarded on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and

the notice published in the Federal Register on January 16, 1992 (57 FR

1942), for further information on these requirements.)

2. Disclosures

HUD will make available to the public for five years all applicant

disclosure reports (HUD Form 2880) submitted in connection with this

NOFA. Update reports (also Form 2880) will be made available along with

the applicant disclosure reports, but in no case for a period less than

three years. All 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. Documentation and Public Access Requirements: HUD Reform Act

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

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.)

F. Section 103

HUD's regulation implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989 was published May 13,

1991 (56 FR 22088) and became effective on June 12, 1991. That

regulation, codified as 24 CFR part 4, applies to the funding

competition announced today. The requirements of the rule continue to

apply until the announcement of the selection of successful applicants.

HUD employees involved in the review of applications and in the

making of funding decisions are restrained by part 4 from providing

advance information to any person (other than an authorized employee of

HUD) concerning funding decisions, or from otherwise giving any

applicant an unfair competitive advantage. Persons who apply for

assistance in this competition should confine their inquiries to the

subject areas permitted under 24 CFR part 4.

Applicants who have questions should contact the HUD Office of

Ethics (202) 708-3815 (TDD/Voice). (This is not a toll-free number.)

The Office of Ethics can provide information of a general nature to HUD

employees, as well. However, a HUD employee who has specific program

questions, such as whether particular subject matter can be discussed

with persons outside HUD, should contact his or her HUD Office Counsel,

or Headquarters counsel for the program to which the question pertains.

G. Lobbying

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 HUD 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 22912). If readers are involved in any

efforts to influence HUD in these ways, they are urged to read the

final rule, particularly the examples contained in Appendix A of the

rule.

Any questions regarding the rule should be directed to the

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

Development, 451 Seventh Street, SW, Washington, DC 20410. Telephone:

(202) 708-3815 TDD/Voice). (This is not a toll-free number.) Forms

necessary for compliance with the rule may be obtained from the local

HUD Office.

H. 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.

I. Catalog of Federal Domestic Assistance Program

The Catalog of Federal Domestic Assistance Program title and number

is 14.181, Supportive Housing for Persons with Disabilities.

Authority: Section 811, National Affordable Housing Act, as

amended (42 U.S.C. 8013), section 7(d), Department of Housing and

Urban Development Act (42 U.S.C. 3535(d)).

Dated: April 26, 1995.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal Housing Commissioner.

Appendix A--HUD Offices

Note: The first line of the mailing address for all offices is

U.S. Department of Housing and Urban Development. Telephone numbers

listed are not toll-free.

HUD--NEW ENGLAND AREA

CONNECTICUT STATE OFFICE

First Floor, 330 Main Street, Hartford, CT 06106-1860, (203) 240-

4523

MASSACHUSETTS STATE OFFICE

Room 375, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway

Street, Boston, MA 02222-1092, (617) 565-5234

NEW HAMPSHIRE STATE OFFICE

Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH

03101-2487, (603) 666-7681

RHODE ISLAND STATE OFFICE

Sixth Floor, 10 Weybosset Street, Providence, RI 02903-2808, (401)

528-5351 [[Page 27610]]

HUD--NEW YORK, NEW JERSEY AREA

NEW JERSEY STATE OFFICE

Thirteenth Floor, One Newark Center, Newark, NJ 07102-5260, (201)

622-7900

NEW YORK STATE OFFICE

26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500

BUFFALO AREA OFFICE

Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203-

1780, (716) 846-5755

HUD--MIDATLANTIC AREA

DISTRICT OF COLUMBIA OFFICE

820 First Street, NE, Washington, D.C. 20002-4502, (202) 275-9200

MARYLAND STATE OFFICE

Fifth Floor, City Crescent Building, 10 South Howard Street,

Baltimore, MD 21201-2505, (401) 962-2520

PENNSYLVANIA STATE OFFICE

Liberty Square Building, 105 South 7th Street, Philadelphia, PA

19106-3392, (215) 597-2560

VIRGINIA STATE OFFICE

The 3600 Centre, 3600 West Broad Street, P.O. Box 90331, Richmond,

VA 23230 - 0331, (804) 278-4507

WEST VIRGINIA STATE OFFICE

Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-

7000

PITTSBURGH AREA OFFICE

412 Old Post Office Courthouse, 7th Avenue and Grant Street,

Pittsburgh, PA 15219-1906, (412) 644-6428

HUD--SOUTHEAST/CARIBBEAN AREA

ALABAMA STATE OFFICE

Suite 300, Beacon Ridge Tower, 600 Beacon Parkway, West, Birmingham,

AL 35209-3144, (205) 290-7617

CARIBBEAN OFFICE

New San Juan Office Building, 159 Carlos Chardon Avenue, San Juan,

PR 00918-1804, (809) 766-6121

GEORGIA STATE OFFICE

Richard B. Russell Federal Building, 75 Spring Street, S.W.,

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

KENTUCKY STATE OFFICE

601 West Broadway, P.O. Box 1044, Louisville, KY 40201-1044, (502)

582-5251

MISSISSIPPI STATE OFFICE

Suite 910, Doctor A.H. McCoy Federal Building, 100 West Capitol

Street, Jackson, MS 39269-1016, (601) 965-5308

NORTH CAROLINA STATE OFFICE

Koger Building, 2306 West Meadowview Road, Greensboro, NC 27407-

3707, (919) 547-4001

SOUTH CAROLINA STATE OFFICE

Strom Thurmond Federal Building, 1835 Assembly Street, Columbia, SC

29201-2480, (803) 765-5592

TENNESSEE STATE OFFICE

Suite 200, 251 Cumberland Bend Drive, Nashville, TN 37228-1803,

(615) 736-5213

JACKSONVILLE AREA OFFICE

Suite 2200, Southern Bell Tower, 301 West Bay Street, Jacksonville,

FL 32202-5121, (904) 232-2626

KNOXVILLE AREA OFFICE

Third Floor, John J. Duncan Federal Building, 710 Locust Street,

Knoxville, TN 37902-2526, (615) 545-4384

HUD--MIDWEST AREA

ILLINOIS STATE OFFICE

Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard,

Chicago, IL 60604-3507, (312) 353-5680

INDIANA STATE OFFICE

151 North Delaware Street, Indianapolis, IN 46204-2526, (317) 226-

6303

MICHIGAN STATE OFFICE

Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit,

MI 48226-2592, (313) 226-7900

MINNESOTA STATE OFFICE

220 Second Street, South, Minneapolis, MN 55401-2195, (612) 370-3000

OHIO STATE OFFICE

200 North High Street, Columbus, OH 43215-2499, (614) 469-5737

WISCONSIN STATE OFFICE

Suite 1380, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue,

Milwaukee, WI 53203-2289, (414) 297-3214

CINCINNATI AREA OFFICE

Room 9002 Federal Office Building, 550 Main Street, Cincinnati, OH

45202-3253, (513) 684-2884

CLEVELAND AREA OFFICE

Fifth Floor, Renaissance Building, 1350 Euclid Avenue, Cleveland, OH

44115-1815, (216) 522-4058

GRAND RAPIDS AREA OFFICE

2922 Fuller Avenue, NE., Grand Rapids, MI 49505-3499, (616) 456-2100

HUD--SOUTHWEST AREA

ARKANSAS STATE OFFICE

Suite 900, TCBY Tower, 425 West Capitol Avenue, Little Rock, AR

72201-3488, (501) 324-5931

LOUISIANA STATE OFFICE

Ninth Floor, Hale Boggs Federal Building, 501 Magazine Street, New

Orleans, LA 70130-3099, (504) 589-7200

OKLAHOMA STATE OFFICE

Suite 400, 500 West Main, Oklahoma City, OK 73102, (405) 231-4345

TEXAS STATE OFFICE

1600 Throckmorton Street, P.O. Box 2905, Fort Worth, TX 76113-2905,

(817) 885-5401

HOUSTON AREA OFFICE

Suite 200, Norfolk Tower, 2211 Norfolk, Houston, TX 77098-4096,

(713) 834-3274

SAN ANTONIO AREA OFFICE

Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563,

(210) 229-6800

HUD--GREAT PLAINS

IOWA STATE OFFICE

Room 239, Federal Building, 210 Walnut Street, Des Moines, IA 50309-

2155, (515) 284-4512

KANSAS/MISSOURI STATE OFFICE

Room 200, Gateway Tower II, 400 State Avenue, Kansas City, KS 66101-

2406, (913) 551-5462

NEBRASKA STATE OFFICE

Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154-

3955, (402) 492-3100

SAINT LOUIS AREA FIELD OFFICE

Third Floor, Robert A. Young Federal Building, 1222 Spruce Street,

St. Louis, MO 63103-2836, (314) 539-6583

HUD--ROCKY MOUNTAINS AREA

COLORADO STATE OFFICE

633 17th Street, Denver, CO 80202-3607, (303) 672-5440

HUD--PACIFIC/HAWAII AREA

ARIZONA STATE OFFICE

Suite 1600, Two Arizona Center, 400 North 5th Street, Phoenix, AZ

85004-2361, (602) 379-4434

CALIFORNIA STATE OFFICE

Philip Burton Federal Building and U.S. Courthouse, 450 Golden Gate

Avenue, P.O. Box 36003, San Francisco, CA 94102-3448, (415) 556-4752

HAWAII STATE OFFICE

Suite 500, 7 Waterfront Plaza, 500 Ala Moana Boulevard, Honolulu, HI

96813-4918, (808) 522-8175

LOS ANGELES AREA OFFICE

1615 West Olympic Boulevard, Los Angeles, CA 90015-3801, (213) 251-

7122

SACRAMENTO AREA OFFICE

Suite 200, 777 12th Avenue, Sacramento, CA 95814-1997, (916) 551-

1351

HUD--NORTHWEST/ALASKA AREA

ALASKA STATE OFFICE

Suite 401, University Plaza Building, 949 East 36th Avenue,

Anchorage, AK 99508-4399, (907) 271-4170

OREGON STATE OFFICE

520 S.W. 6th Avenue, Portland, OR 97204-1596, (503) 326-2561

WASHINGTON STATE OFFICE

Suite 200, Seattle Federal Office Building, 909 First Avenue,

Seattle, WA 98104-1000, (206) 220-5101

[FR Doc. 95-12715 Filed 5-23-95; 8:45 am]

BILLING CODE 4210-27-P