Office of the Assistant Secretary for HousingFederal Housing Commissioner; Notice of Funding 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 (the TTY number is 1-800-483-2209); and from

the appropriate HUD Office identified in appendix A to this NOFA. The

Application Package includes a checklist of exhibits and steps involved

in the application process.

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

NOFA is 4:00 p.m. local time on August 19, 1996. The application

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

all applicants, HUD will not consider any application that is received

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

applications as early as possible to avoid the risk of unanticipated

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

to mail applications must provide sufficient time to permit delivery on

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

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

due applications will not be accepted.

ADDRESSES: Applications must be delivered to the Director of the

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

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

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

incoming applications to evidence timely receipt, and, upon request,

will provide the applicant with an acknowledgement of receipt.

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

as listed in appendix A to this NOFA.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act Statement

The information collection requirements contained in this NOFA have

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

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and assigned OMB

Control Number 2502-0267. An agency may not conduct or sponsor, and a

person is not required to respond to, a collection of information

unless the collection displays a valid control number.

I. Purpose and Substantive Description

A. Authority

Section 811 of the Cranston-Gonzalez National Affordable Housing

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

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

of 1992) (Pub. L. 102-550, approved October 28, 1992), and by the

Rescissions Act (Pub. L. 104-19, approved July 27, 1995) authorized a

new supportive housing program for persons with disabilities, and

replaced assistance for persons with disabilities previously covered by

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

amended by section 801 of the NAHA, and the HCD Act of 1992, to

authorize supportive housing for the elderly). HUD provides the

assistance as capital advances and contracts for project rental

assistance in accordance with 24 CFR part 891. Capital advances may be

used to finance the construction, rehabilitation, or acquisition with

or without rehabilitation, including acquisition from the Resolution

Trust Corporation, now the Federal Deposit Insurance Corporation (RTC/

FDIC), of structures to be developed into a variety of housing options

ranging from group homes and independent living facilities, to dwelling

units in multifamily housing developments, condominium housing, and

cooperative housing. This assistance may also cover the cost of real

property acquisition, site improvement, conversion, demolition,

relocation, and other expenses that the Secretary determines are

necessary to expand the supply of supportive housing for persons with

disabilities.

Note that on March 22, 1996, HUD published a final rule (61 FR

11948) that consolidated the regulations for the Section 202 Program of

Supportive Housing for the Elderly and the Section 811 Program of

Supportive Housing for Persons with Disabilities in 24 CFR part 891.

For supportive housing for persons with disabilities, the Omnibus

Consolidated Rescissions and Appropriations Act of 1996 (Pub. L. 104-

134, approved April 26, 1996) (Act) provides $233,168,000 for capital

advances for supportive housing for persons with disabilities, as

authorized by section 811 of the NAHA, and for project rental

assistance, and amendments to contracts for project rental assistance,

for supportive housing for persons with disabilities, as authorized by

section 811 of the NAHA. Twenty-five percent of this amount is being

set aside for tenant-based assistance administered through public

housing agencies (PHAs) for persons with disabilities and will be

announced through a separate Notice in the Federal Register.

In accordance with the waiver authority provided in the Act, the

Secretary is extending the determinations made in the Notice published

in 61 F.R. 3047 to Fiscal Year 1996 funding by waiving the following

statutory and regulatory provision: The term of the project rental

assistance contract is reduced from 20 years to a minimum term of 5

years and a maximum term which can be supported by funds authorized by

the Act. The Department anticipates that at the end of the contract

terms, renewals will be approved subject to the availability of funds.

In addition to this provision, the Department will reserve project

rental assistance contract funds based on 75 percent rather than on 100

percent of the current operating cost standards for approved units in

order to take into account the average tenant contribution toward rent.

PLEASE NOTE THAT THE WAIVER BROADENING THE ELIGIBILITY OF TENANTS TO

PERSONS WITH INCOMES AT 80 PERCENT OF THE MEDIAN OR BELOW (61 F.R.

3047, JANUARY 30, 1996) IS NOT BEING EXTENDED TO THE PROJECTS FUNDED IN

ACCORDANCE WITH THIS NOFA. THE STATUTORY PROVISION LIMITING ELIGIBILITY

TO PERSONS WITH INCOMES AT 50 PERCENT OF THE MEDIAN OR BELOW REMAINS IN

EFFECT.

In accordance with an agreement between HUD and the Rural Housing

Service (RHS) (formerly the Administration For Rural Housing and

Economic Development Services (ARHEDS)), which facilitates the

coordination between the two agencies in administering their respective

rental assistance programs, HUD is required to

[[Page 35879]]

notify RHS of applications for housing assistance it receives. This

notification gives RHS the opportunity to comment if it has concern

about the demand for additional assisted housing and possible harm to

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

the RHS comments in its review and project selection process.

B. Allocation Amounts

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

allocate the amounts available for capital advances for supportive

housing for persons with disabilities. HUD reserves project rental

assistance funds based upon 75 percent of the current operating cost

standards to support the units selected for capital advances sufficient

for minimum 5-year project rental assistance contracts.

The allocation formula for Section 811 funds consists of the

following two data elements:

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

transportation disability; and

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

disability.

The Section 811 capital advance funds have been allocated, based on

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

Fiscal Year 1996 Allocations for Supportive Housing for Persons With

Disabilities

[Fiscal Year l996 Section 811 Allocations]

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

Capital

Offices advance Units

authority

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

New England:

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

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

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

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

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

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

New York/New Jersey:

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

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

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

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

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

Mid-Atlantic:

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

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

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

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

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

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

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

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

Southeast/Caribbean:

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

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

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

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

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

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

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

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

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

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

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

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

Midwest:

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

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

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

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

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

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

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

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

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

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

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

Southwest:

Texas/New Mexico................................. 1,960,498 37

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

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

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

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

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

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

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

Great Plains:

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

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

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

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

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

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

Rocky Mountains:

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

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

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

Pacific/Hawaii:

Hawaii

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

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

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

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

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

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

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

Northwest/Alaska:

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

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

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

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

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

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

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

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

C. Eligibility

Nonprofit organizations that have a Section 501(c)(3) tax exemption

from the Internal Revenue Service are the only eligible applicants

under this program. A single Sponsor shall not request more units in a

given HUD Office than permitted for that HUD Office in this NOFA.

D. Initial Screening, Technical Processing, and Selection Criteria

1. Initial Screening.

HUD will review applications for section 811 capital advances that

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

August 19, 1996, to determine if all parts of the application are

included. HUD will not review the content of the application as part of

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

and facsimile, informing Sponsors of any missing parts of the

application. Sponsors must correct such deficiencies within 8 calendar

days from the date of the deficiency letter. Any document requested as

a result of the initial screening may be executed or prepared within

the deficiency period, except for Forms HUD-92016-CAs, Articles of

Incorporation, IRS exemption rulings, Forms SF-424, Board Resolution

committing the minimum capital investment, and site control documents

(all of these excepted items must be dated no later than the

application deadline date).

2. Technical Processing.

All applications will be placed in technical processing upon

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

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

reviewer finds that clarification is needed to complete the review or

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

the reviewer shall immediately advise the Multifamily Housing

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

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

by certified letter. Communications must be attached to the technical

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

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

on those applications containing satisfactory evidence of site control.

(Applications selected with sites identified will receive environmental

reviews after submission to HUD of satisfactory evidence of site

control and prior to approval of the sites.)

Examples of reasons for technical processing rejection include an

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

capacity, insufficient need for the project, insufficient evidence that

the Sponsor will obtain control of the identified site

[[Page 35880]]

within six months of fund reservation award if the Sponsor did not

submit site control evidence with its application, the project will

adversely affect other HUD insured and assisted housing or an

unsatisfactory Supportive Services Certification by the appropriate

State or local agency.

The Secretary will not reject an application based on technical

processing without giving notice of that rejection with all rejection

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

afford an applicant 10 calendar days from the date of HUD's written

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

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

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

selection recommendations. All applications will be either rated or

technically rejected at the end of technical processing.

Technical processing will also assure that the Sponsor has complied

with the requirements in the civil rights certification in the

Application Package. There must not have been an adjudication of a

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

a private individual, unless the Sponsor is operating in compliance

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

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

pending civil rights suits against the Sponsor instituted by the

Department of Justice, and no pending administrative actions for civil

rights violations instituted by HUD (including a charge of

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

outstanding findings of noncompliance with civil rights statutes,

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

proceedings, nor any charges issued by the Secretary against the

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

under a conciliation or compliance agreement designed to correct the

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

processing of applications from the Sponsor imposed by HUD under Title

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

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

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

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

Americans with Disabilities Act.

Upon completion of technical processing, all acceptable

applications will be rated according to the selection criteria in

section I.D.3. below. Applications that have a total score of 60 points

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

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

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

Office's allocation. Local HUD Offices shall not skip over any

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

However, after making the initial selections, any residual funds may be

utilized to fund the next rank-ordered application by reducing the

units by no more than 10 percent rounded to the nearest whole number,

provided the reduction will not render the project infeasible. Projects

of nine units or less may not be reduced.

Funds remaining after this process is completed will be returned to

Headquarters. These funds will be used first to restore units to

projects reduced by HUD Offices as a result of the instructions above

and, second, for selecting applications on a national rank order.

However, no more than one application will be selected per HUD Office

from the national residual amount unless there are insufficient

approvable applications in other HUD Offices. If funds still remain,

additional applications will be selected based on a national rank

order, insuring an equitable distribution among HUD Offices.

3. Selection Criteria.

Applications for Section 811 capital advances that successfully

complete technical processing will be rated using the following

selection criteria:

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

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

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

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

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

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

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

relationship to the Sponsor's demonstrated development and management

capacity. (32 points);

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

providing housing or related services to minority persons or families

(13 points);

(3) Applications submitted by Sponsors whose boards are comprised

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

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

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

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

ability to raise local funds (15 points); and

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

(including minority persons with disabilities) in the development of

the application, and its intent to involve persons with disabilities

(including minority persons with disabilities) in the implementation of

the program (5 bonus points).

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

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

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

considering (55 points maximum--40 base points plus 15 bonus points):

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

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

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

guidelines in the Application Package, as well as other economic,

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

data could include the availability of existing Federally assisted

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

occupancy in such facilities, Federally assisted housing for persons

with disabilities under construction or for which fund reservations

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

RHS, comments from RHS on the demand for additional assisted housing

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

area (8 points);

(2) Applications containing acceptable evidence of control of an

approvable site (10 bonus points);

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

facilities, transportation, places of worship, recreational facilities,

places of employment, and other necessary services to the intended

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

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

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

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

greater choice of housing opportunities for minority persons with

disabilities (7 points);

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

needs of persons with disabilities the housing is intended to serve (10

points); and

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

Based Community Revitalization Area defined as a Federally-designated

Empowerment

[[Page 35881]]

Zone, Urban Supplemental Empowerment Zone, Enterprise Community, Urban

Enhanced Enterprise Community, or a HUD-approved CDBG neighborhood

revitalization strategy area (5 bonus points).

For the selection criterion in (6) above, the Secretary's

Representative, or the Secretary's Representative in consultation with

the State/Area Coordinator, may assign the 5 bonus points to an

application if the site under control for the proposed project is

approvable, is located within the boundaries of a Place Based Community

Revitalization Area, as defined above, and the locally developed

strategy for the area involves items such as physical improvements,

necessary public facilities and services, private investment and

citizen self-help activities.

The maximum number of points an application can earn without bonus

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

for a maximum total of 125 points.

II. Application Process

All applications for Section 811 capital advances submitted by

eligible Sponsors must be filed with the appropriate HUD Office

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

application will be accepted after 4:00 p.m. local time on August 19,

1996, unless that date and time is extended by a Notice published in

the Federal Register. HUD will not accept applications received after

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

Applications submitted by facsimile are not acceptable.

Immediately upon publication of this NOFA, if names have not

already been provided to the Multifamily Housing Clearinghouse, HUD

Offices shall notify minority media and media for persons with

disabilities, all persons and organizations on their mailing lists,

minority and other organizations within their jurisdiction involved in

housing and community development, and groups with special interest in

housing for disabled households.

Organizations interested in applying for a Section 811 capital

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

685-8470 (the TTY number is 1-800-483-2209) for a copy of the

Application Package, and advise the appropriate HUD Office if they wish

to attend the workshop described below. HUD encourages minority

organizations to participate in this program as Sponsors. HUD Offices

will advise all organizations on their mailing list of the date, time,

and place of workshops at which HUD will explain the Section 811

program.

HUD strongly recommends that prospective applicants attend the

local HUD Office workshop. Interested persons with disabilities should

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

made to enable their attendance and participation in the workshop.

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

Application Packages can also be obtained from the Multifamily Housing

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

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

appropriate HUD Office with any questions regarding the submission of

applications and for any additional application requirements.

At the workshops, HUD will distribute Application Packages and will

explain application procedures and requirements. Also, HUD will address

concerns such as local market conditions, building codes, historic

preservation, floodplain management, displacement and relocation,

zoning, and housing costs.

III. Application Submission Requirements

A. Application

Each application shall include all of the information, materials,

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

the exception of applications submitted by Sponsors selected for a

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

must be indexed and tabbed. Such previously selected Section 811

Sponsors are not required to submit the information described in

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

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

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

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

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

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

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

Section 811 capital advance funds on the information provided in the

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

HUD approval by checking the project number and approval status with

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

burden in preparing applications, applicants will be able to use

information and exhibits previously prepared for prior applications

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

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

of application preparation include, among others, those on previous

participation in the Section 202 or Section 811 programs; applicant

experience in the provision of housing and services; supportive

services plan; community ties; and experience serving minorities.

B. General Application Requirements

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

Housing Capital Advance.

Note: A sponsor may apply for a Scattered site Project in one

application.

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

organization, including the following:

(a) Articles of Incorporation, constitution, or other

organizational documents;

(b) By-laws;

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

submitted by all Sponsors, including churches).

Note: Sponsors who have received a section 811 fund reservation

within the last three funding cycles are not required to submit the

documents described in (a), (b), and (c), above. Instead, sponsors

must submit the project number of the latest application submitted

and the HUD office to which it was submitted. If there have been any

modifications or additions to the subject documents, indicate such,

and submit the new material.

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

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

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

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

includes a current listing of all duly qualified and sitting officers

and directors by title and the beginning and ending dates of each

person's term.

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

those people who are consumers with disabilities.

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

following:

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

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

the disabled community in particular;

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

experience. The description should include any rental housing projects

(including integrated housing developments) and/

[[Page 35882]]

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

the Sponsor's past or current involvement in any programs other than

housing that demonstrates the Sponsor's management capabilities and

experience, and the Sponsor's experience in serving persons with

disabilities and minorities.

(d) A description of Sponsor's participation in joint ventures and

experience in contracting with minority-owned businesses, women-owned

businesses, and small businesses over the last three years, including a

description of the joint venture, partners and the Sponsor's

involvement and a summary of the total contract amounts awarded in each

of the three categories for the preceding three years, and the

percentage that amount represents of all contracts awarded by the

Sponsor in the relevant time period;

(e) A certified Board Resolution acknowledging responsibilities of

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

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

appropriate services in connection with the proposed project, and that

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

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

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

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

$10,000), and the estimated cost of any amenities or features (and

operating costs related thereto) that would not be covered by the

approved capital advance;

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

persons with disabilities in the development of the application, as

well as its intent to involve persons with disabilities in the

implementation of the program.

4. Project information including the following:

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

the proposed population and evidence demonstrating sustained effective

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

served, such as a description of market conditions in existing

Federally assisted housing for persons with disabilities (occupancy,

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

disabilities in the area, the types of supportive services arrangements

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

evidenced by data from local social service agencies.

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

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

home, number of units with bedroom distribution if independent living

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

resident staff per structure.

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

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

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

necessary to accommodate any special needs of the proposed residents.

If these community spaces, amenities, or features would not comply with

the project design and cost standards of Sec. 891.120 and the special

project standards of Sec. 891.310, the Sponsor must demonstrate its

ability and willingness to contribute both the incremental development

cost and continuing operating cost associated with the community

spaces, amenities, or features; and

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

efficiency, and, if applicable, innovative construction or

rehabilitation methods or technologies to be used that will promote

efficient construction.

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

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

below, of this NOFA) that includes:

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

serve persons with physical, mental, or emotional impairments,

developmental disabilities, or chronic mental illness. Include how and

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

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

within housing developed under this part to persons with disabilities

who have similar disabilities and require a similar set of supportive

services in a supportive housing environment. However, no otherwise

qualified individual, regardless of disability, may be denied occupancy

if the person can benefit from the housing and/or services provided.

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

proposed population and the extent to which the supportive services

will be needed.

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

residents taking responsibility for acquiring their own services, to

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

service plan organized by the Sponsor.

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

include the following:

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

will be responsible for providing the supportive services;

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

experience in providing such supportive services;

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

site) the services will be provided;

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

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

in the provision of supportive services;

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

indicating commitments to fund or to provide the supportive services,

or indication that a particular service will be available to proposed

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

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

letter indicating its commitment to either provide the supportive

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

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

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

residential facilities for the population to be served, and a

demonstration by the Sponsor that the application is consistent with

State or local plans and policies governing the development and

operation of facilities for the same disabled population.

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

acquiring their own supportive services, a description of appropriate

services in the community from which the residents can choose.

(6) Assurances that the proposed residents will receive supportive

services based on their individual needs, and a commitment that

accepting supportive services will not be a condition of occupancy.

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

Housing for Persons with Disabilities. Identify all supportive

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

(d) Supportive Services Certification. A certification from the

appropriate State or local agency identified in the Application Package

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

special needs of persons with disabilities, that the necessary

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

and that the proposed facility is consistent with

[[Page 35883]]

State or local plans and policies governing the development and

operation of facilities to serve individuals of the proposed occupancy

category. (The name, address, and telephone number of the appropriate

agency can be obtained from the appropriate HUD Office.)

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

a site for which the Sponsor provides reasonable assurances that it

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

(if Sponsor is approved for funding).

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

following information:

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

option agreement (which extends through the end of the current fiscal

year and contains a renewal provision so that the option can be renewed

for at least an additional six months) to purchase or lease the

proposed site; or has a copy of the contract of sale for the site, a

deed, long-term leasehold, a request with all supporting documentation,

submitted either prior to or with the Application for Capital Advance,

for a partial release of a site covered by a mortgage under a HUD

program, or other evidence of legal ownership of the site (including

properties to be acquired from the RTC/FDIC). The Sponsor must also

identify any restrictive covenants, including reverter clauses. In the

case of a site to be acquired from a public body, evidence that the

public body possesses clear title to the site, and has entered into a

legally binding agreement to lease or convey the site to the Sponsor

after it receives and accepts a notice of Section 811 capital advance,

and identification of any restrictive covenants, including reverter

clauses. However, in localities where HUD determines that the time

constraints of the funding round will not permit all of the required

official actions (e.g., approval of Community Planning Boards) that are

necessary to convey publicly-owned sites, a letter in the application

from the mayor or director of the appropriate local agency indicating

their approval of conveyance of the site contingent upon the necessary

approval action is acceptable and may be approved by the HUD Office if

it has satisfactory experience with timely conveyance of sites from

that public body. In such cases, documentation shall also include a

copy of the public body's evidence of ownership and identification of

any restrictive covenants, including reverter clauses.

Note: A proposed project site may not be acquired or optioned

from a general contractor (or its affiliate) that will construct the

section 811 project or from any other development team member.

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

applicable zoning ordinances or regulations, or a statement of the

proposed action required to make the proposed project permissible and

the basis for belief that the proposed action will be completed

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

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

similar zoning classifications and the time required for such rezoning,

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

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

characteristics of neighborhood, how the site will promote greater

housing opportunities for minorities, and any other information that

affects the suitability of the site for persons with disabilities and

including:

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

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

be obtained within six months of notification of fund reservation;

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

composition of the neighborhood, with the area of racial concentration

delineated;

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

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

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

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

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

Environmental Site Assessment in accordance with the ASTM and submit it

with the application. Sponsors may choose to automatically complete a

Phase I Environmental Site Assessment in lieu of completing the

Transaction Screen Questionnaire. If the Phase I study indicates the

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

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

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

choose another site, the same environmental site assessment procedure

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

Screen processes and Phase I studies must be completed and submitted

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

assessment process as soon after the publication of this NOFA as

possible.

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

must undertake a detailed Phase II Environmental Site Assessment by an

appropriate professional.

Note: This could be an expensive undertaking. The cost of the

study will be borne by the sponsor if the application is not

selected.

If the Phase II Assessment reveals site contamination, the extent

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

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

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

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

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

under this FY 1996 funding, this information would have to be submitted

to the local HUD Office no later than thirty days after the application

submission deadline date.

Note: For properties to be acquired from the RTC/FDIC, include a

copy of the RTC/FDIC prepared Transaction Screen Checklist or Phase

I Environmental Site Assessment, and applicable documentation, per

the RTC/FDIC Environmental Guidelines.

(D) If an exception to the project size limits found in section

IV.D., below, of this NOFA is being requested, describe why the site

was selected and demonstrate the following:

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

feasibility of the project;

(ii) The project is compatible with other residential development

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

located;

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

successful integration into the community;

(iv) The project is marketable in the community;

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

policies governing similar facilities for the proposed population; and

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

application processed at the project size limit should HUD not approve

the exception.

(D) If applicable, identify whether the site for the proposed

project is located within the boundaries of a Place Based Community

Revitalization Area, as defined above. If the site is in a Place Based

Community Revitalization Area, briefly summarize the locally developed

strategy for the area involving items such as physical improvements,

necessary public facilities and services, private investment and

citizen self-help activities.

[[Page 35884]]

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

under control, it must submit the following information:

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

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

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

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

housing opportunities for minorities, and any other information that

affects the suitability of the site for persons with disabilities;

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

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

site, if approved for funding;

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

is not, an indication of the actions necessary for proper zoning and

whether these can be accomplished within six months of fund reservation

award, if approved for funding;

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

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

(f) Statements of support for the proposed project from

nongovernmental organizations familiar with the needs of the population

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

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

(include any additional related information).

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

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

of the Social Security Act) that serve persons with developmental

disabilities, the following must be submitted:

(1) Evidence demonstrating that the proposed project will primarily

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

licensed by appropriate State agencies;

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

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

residents on-site;

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

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

and where the services are to be provided;

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

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

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

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

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

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

Owner; and

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

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

program for at least six hours each weekday.

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

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

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

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

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

application. Also, a list of all FY 1995 and prior year projects to

which the Sponsor(s) is a party, identified by project number and HUD

Office, which have not been finally closed.

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

Social Security Numbers and Employee Identification Numbers.

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

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

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

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

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

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

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

indicates the estimated cost of relocation payments and other services;

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

relocation activities. (This requirement applies to applications with

site control only. Sponsors of applications with identified sites that

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

date once they have obtained site control.)

Note: If any of the relocation costs will be funded from sources

other than the section 811 capital advance, the sponsor must provide

evidence of a firm commitment of these funds. When evaluating

applications, HUD will consider the total cost of proposals (i.e.,

cost of site acquisition, relocation, construction and other project

costs).

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

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

any Federal debt.

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

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

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

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

make any payment using nonappropriated funds for lobbying activity, as

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

Disclosure of Lobbying Activities. The applicant determines if the

submission of the SF LLL is applicable.

11. Certification of Consistency with the Consolidated Plan (Plan)

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

be submitted by the Sponsor. The certification must be made by the unit

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

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

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

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

government if it is willing to prepare such a Plan.

All certifications must be made by the public official responsible

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

part of the application by the application submission deadline date set

forth in this NOFA. The Plan regulations are published in 24 CFR part

91.

12. Sponsor Certifications

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

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

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

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

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

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

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

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

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

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

regulations at 41 CFR Chapter 60; the regulations implementing

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

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

the extent applicable; the affirmative fair housing marketing

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

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

and local laws prohibiting discrimination and promoting equal

opportunity.

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

requirements of the Drug-Free Workplace Act.

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

design and cost standards and special project standards; the Uniform

Federal

[[Page 35885]]

Accessibility Standards and HUD's implementing regulations at 24 CFR

part 40; section 504 of the Rehabilitation Act of 1973 and HUD's

implementing regulations at 24 CFR part 8; and for covered multifamily

dwellings designed and constructed for first occupancy after March 13,

1991, the design and construction requirements of the Fair Housing Act

and HUD's implementing regulations at 24 CFR part 100; and the

Americans with Disabilities Act of 1990.

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

complied) with the acquisition and relocation requirements of the

Uniform Relocation Assistance and Real Property Acquisition Policies

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

part 24, and 24 CFR 891.155(e).

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

(as defined in 24 CFR 891.305) after the issuance of the capital

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

eligibility and a request for capital advance, and will provide

sufficient resources to the Owner to insure the development and long-

term operation of the project.

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

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

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

(except as superseded in 24 CFR 891.325).

(g) A certification that the Sponsor will not require residents to

accept any supportive services as a condition of occupancy.

IV. Additional Information

A. Development Cost Limits

(a) The following development cost limits, adjusted by locality as

described in (b) below, shall be used to determine the capital advance

amount to be reserved for projects for persons with disabilities:

(1) For independent living facilities: The total development cost

of the property or project attributable to dwelling use (less the

incremental development cost and the capitalized operating costs

associated with any excess amenities and design features to be paid for

by the Sponsor) may not exceed:

Non-elevator structures:

$28,032 per family unit without a bedroom;

$32,321 per family unit with one bedroom;

$38,979 per family unit with two bedrooms;

$49,893 per family unit with three bedrooms;

$55,583 per family unit with four bedrooms.

For elevator structures:

$29,500 per family unit without a bedroom;

$33,816 per family unit with one bedroom;

$41,120 per family unit with two bedrooms;

$53,195 per family unit with three bedrooms;

$58,392 per family unit with four bedrooms.

(2) For group homes only:

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

Type of Disability

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

Number residents Chronic

Physical/ mental

developmental illness

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

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

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

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

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

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

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

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

These cost limits reflect those costs reasonable and necessary to

develop a project of modest design that complies with HUD minimum

property standards; the minimum group home requirements of

Sec. 891.310(a); the accessibility requirements of Secs. 891.120(b) and

891.310(b); and the project design and cost standards of Sec. 891.120.

(b) Increased development cost limits.

(1) HUD may increase the development cost limits set forth in

paragraphs (a) (1) and (2) above by up to 140 percent in any geographic

area where the cost levels require, and may increase the development

cost limits by up to 160 percent on a project-by-project basis.

(2) If HUD finds that high construction costs in Alaska, Guam,

Virgin Islands or Hawaii make it infeasible to construct dwellings,

without the sacrifice of sound standards of construction, design, and

livability, within the development cost limits provided in paragraphs

(a) (1) and (2) of this section, the amount of capital advances may be

increased to compensate for such costs. The increase may not exceed the

limits established under this section (including any high cost area

adjustment) by more than 50 percent.

(3) For group homes only, HUD Offices may approve increases in the

development cost limits in paragraph (a)(2) above, in areas where

Sponsors can provide sufficient documentation that high land costs

limit or prohibit project feasibility. An example of acceptable

documentation is evidence of at least three land sales which have

actually taken place (listed prices for land are not acceptable) within

the last two years in the area where the project is to be built. The

average cost of the documented sales must exceed seven percent of the

development cost limit for which the project in question is eligible in

order for an increase to be considered.

B. Sites

The National Affordable Housing Act requires Sponsors submitting

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

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

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

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

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

described in the Application Package. If it does not have site control,

it must provide the information required in the application for

identified sites as a reasonable assurance that site control will be

obtained within six months of fund reservation notification.

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

their original applications if the original site is not approvable.

Selection of a different site will require HUD performance of an

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

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

reason 12 months after notification of fund reservation, the assistance

will be recaptured and reallocated.

Sponsors submitting satisfactory evidence of an approvable site

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

their applications. Sponsors submitting proper identification of a site

will not be eligible for the 10 bonus points.

Applications containing evidence of site control where either the

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

the application indicates the Sponsor's willingness to select another

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

months of fund reservation notification.

In the case of a scattered site application submitted with evidence

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

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

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

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

the sites but has only identified

[[Page 35886]]

others. It would also not be eligible for the 10 bonus points for site

control.

C. Supportive Services

The National Affordable Housing Act requires Sponsors submitting

applications for Section 811 fund reservations to include a supportive

services plan and a certification from the appropriate State or local

agency that the provision of services identified in the supportive

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

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

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

copy of their Supportive Services Plans to the appropriate State or

local agency well in advance of the application submission deadline

date in order for the State or local agency to review the Supportive

Services Plan and complete the Supportive Services Certification

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

Application Package received from the HUD Office) and return it to the

Sponsor for inclusion with the application submission to HUD.

Since the appropriate State or local agency will review the

Supportive Services Plan on behalf of HUD, the Supportive Services

Certification, in addition to the indication as to whether the

provision of supportive services is well designed, will indicate

whether the Sponsor demonstrated that necessary supportive services

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

application in which the Supportive Services Certification is missing,

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

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

special needs of persons with disabilities, the proposed facility is

not consistent with the agency's plans/policies governing the

development and operation of facilities to serve the proposed

population and the agency will be a major funding or referral source

for the proposed project, or that the Sponsor failed to demonstrate

that any necessary services will be provided on a consistent, long-term

basis, the application shall be rejected.

HUD recognizes that there will be varying degrees of need for

supportive services by the potential residents of Section 811 housing,

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

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

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

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

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

accept any supportive service.

D. Project Size Limits

1. Group home--The minimum number of persons with disabilities that

can be housed in a group home is three and the maximum number is eight.

2. Independent living facility--The minimum number of units that

can be applied for in one application is five. The maximum number of

persons with disabilities that can be housed in an independent living

facility is 24.

3. Exceptions--Sponsors may request an exception to the above

project size limits by providing the information required in the

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

above.

V. Other Matters

A. Environmental Impact

A Finding of No Significant Impact with respect to the environment

has been made in accordance with HUD regulations that implement section

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

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

inspection during business hours in the Office of the Rules Docket

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

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

NOFA announces the availability of funds for supportive housing for

persons with disabilities.

B. Federalism Executive Order

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

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

does not have substantial direct effects on States or their political

subdivisions, or on the relationship between the Federal government and

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

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

of the availability of capital advances for supportive housing for

persons with disabilities.

C. Family Executive Order

The General Counsel, as the Designated Official under Executive

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

the potential for significant impact on family formation, maintenance,

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

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

provision of supportive housing for persons with disabilities. Since

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

review under the Order.

D. Accountability in the Provision of HUD Assistance

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

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

Reform Act). This final rule is codified at 24 CFR part 12. Section 102

contains a number of provisions that are designed to ensure greater

accountability and integrity in the provision of certain types of

assistance administered by HUD. On January 14, 1992, HUD published in

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

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

further information on the implementation, public access, and

disclosure requirements of section 102. The documentation, public

access, and disclosure requirements of section 102 are applicable to

assistance awarded under this NOFA as follows:

1. Documentation and Public Access Requirements

HUD will ensure that documentation and other information regarding

each application submitted pursuant to this NOFA are sufficient to

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

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

public inspection for a 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.)

2. Disclosures

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

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

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

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

three years. All report--both applicant disclosures and updates--will

be made available in accordance with the Freedom of

[[Page 35887]]

Information Act (5 U.S.C. 552) and HUD's implementing regulations at 24

CFR part 15. (See 24 CFR subpart C, and the notice published in the

Federal Register on January 16, 1992 (57 FR 1942), for further

information on these disclosure requirements.)

E. Prohibition Against Advance Information on Funding Decisions

HUD's regulation implementing section 103 of the Department of

Housing and Urban Development Reform Act of 1989, codified as 24 CFR

part 4, applies to the funding competition announced today. The

requirements of the rule continue to apply until the announcement of

the selection of successful applicants. HUD employees involved in the

review of applications and in the making of funding decisions are

limited by part 4 from providing advance information to any person

(other than an authorized employee of HUD) concerning funding

decisions, or from otherwise giving any applicant an unfair competitive

advantage. Persons who apply for assistance in this competition should

confine their inquiries to the subject areas permitted under 24 CFR

part 4.

Applicants or employees who have ethics related questions should

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

not a toll-free number.) For HUD employees who have specific program

questions, such as whether particular subject matter can be discussed

with persons outside HUD, the employee should contact the appropriate

Field Office Counsel, or Headquarters Counsel for the program to which

the question pertains.

F. Prohibition Against Lobbying Activities

The use of funds awarded under this NOFA is subject to the

disclosure requirements and prohibitions of Section 319 of the

Department of Interior and Related Agencies Appropriations Act for

Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment) and the

implementing regulations at 24 CFR part 87. These authorities prohibit

recipients of Federal contracts, grants, or loans from using

appropriated funds for lobbying the executive or legislative branches

of the Federal Government in connection with a specific contract,

grant, or loan. The prohibition also covers the awarding of contracts,

grants, cooperative agreements, or loans unless the recipient has made

an acceptable certification regarding lobbying. Under 24 CFR part 87,

applicants, recipients, and subrecipients of assistance exceeding

$100,000 must certify that no Federal funds have been or will be spent

on lobbying activities in connection with the assistance.

G. Catalog of Federal Domestic Assistance Program

The Catalog of Federal Domestic Assistance Program title and number

are 14.181, Supportive Housing for Persons with Disabilities.

Authority: Section 811, National Affordable Housing Act, as

amended (42 U.S.C. 1803), Section 7(d), Department of Housing and

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

Dated: June 27, 1996.

Nicolas P. Retsinas,

Assistant Secretary for Housing--Federal Housing Commissioner.

Appendix A--HUD Offices

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

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

listed are not toll-free.

HUD--New England Area

Connecticut State Office, First Floor, 330 Main Street, Hartford, CT

06106-1860, (203) 240-4523

Massachusetts State Office, Room 375, Thomas P. O'Neill, Jr. Federal

Building, 10 Causeway Street, Boston, MA 02222-1092, (617) 565-5234

New Hampshire State Office, Norris Cotton Federal Building, 275

Chestnut Street, Manchester, NH 03101-2487, (603) 666-7681

Rhode Island State Office, Sixth Floor, 10 Weybosset Street,

Providence, RI 02903-3234, (401) 528-5351

HUD--New York, New Jersey Area

New Jersey State Office, Thirteenth Floor, One Newark Center,

Newark, NJ 07102-5260, (201) 622-7900

New York State Office, 26 Federal Plaza, New York, NY 10278-0068,

(212) 264-6500

Buffalo Area Office, Fifth Floor, Lafayette Court, 465 Main Street,

Buffalo, NY 14203-1780, (716) 551-5755

HUD--MIDATLANTIC AREA

District of Columbia Office, 820 First Street, NE, Washington, D.C.

20002-4502, (202) 275-9200

Maryland State Office, Fifth Floor, City Crescent Building, 10 South

Howard Street, Baltimore, MD 21201-2505, (410) 962-2520

Pennsylvania State Office, The Wanamaker Building, 100 Penn Square

East, Philadelphia, PA 19107-3390, (215) 656-0600

Virginia State Office, The 3600 Centre, 3600 West Broad Street, P.O.

Box 90331, Richmond, VA 23230-0331, (804) 278-4507

West Virginia State Office, Suite 708, 405 Capitol Street,

Charleston, WV 25301-1795, (304) 347-7000

Pittsburgh Area Office, 339 Sixth Avenue, Sixth Floor, Pittsburgh,

PA 15222-2515, (412) 644-6428

HUD--Southeast/Caribbean Area

Alabama State Office, Suite 300, Beacon Ridge Tower, 600 Beacon

Parkway, West, Birmingham, AL 35209-3144, (205) 290-7617

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

Avenue, San Juan, PR 00918-1804, (809) 766-6121

Georgia State Office, Richard B. Russell Federal Building, 75 Spring

Street, S.W., Atlanta, GA 30303-3388, (404) 331-5136

Kentucky State Office, 601 West Broadway, P.O. Box 1044, Louisville,

KY 40201-1044, (502) 582-5251

Mississippi State Office, Suite 910, Doctor A.H. McCoy Federal

Building, 100 West Capitol Street, Jackson, MS 39269-1096, (601)

965-5308

North Carolina State Office, Koger Building, 2306 West Meadowview

Road, Greensboro, NC 27407-3707, (919) 547-4001

South Carolina State Office, Strom Thurmond Federal Building, 1835-

45 Assembly Street, Columbia, SC 29201-2480, (803) 765-5592

Tennessee State Office, Suite 200, 251 Cumberland Bend Drive,

Nashville, TN 37228-1803, (615) 736-5213

Jacksonville Area Office, Suite 2200, Southern Bell Tower, 301 West

Bay Street, Jacksonville, FL 32202-5121, (904) 232-2626

Knoxville Area Office, Third Floor, John J. Duncan Federal Building,

710 Locust Street, Knoxville, TN 37902-2526, (615) 545-4384

HUD--Midwest Area,

Illinois State Office, Ralph H. Metcalfe Federal Building, 77 West

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

Indiana State Office, 151 North Delaware Street, Indianapolis, IN

46204-2526, (317) 226-6303

Michigan State Office, Patrick V. McNamara Federal Building, 477

Michigan Avenue, Detroit, MI 48226-2592, (313) 226-7900

Minnesota State Office, 220 Second Street, South, Minneapolis, MN

55401-2195, (612) 370-3000

Ohio State Office, 200 North High Street, Columbus, OH 43215-2499,

(614) 469-5737

Wisconsin State Office, Suite 1380, Henry S. Reuss Federal Plaza,

310 West Wisconsin Avenue, Milwaukee, WI 53203-2289, (414) 297-3214

Cincinnati Area Office, 525 Vine Street, Seventh Floor, Cincinnati,

OH 45202-3188, (513) 684-2884

Cleveland Area Office, Fifth Floor, Renaissance Building, 1350

Euclid Avenue, Cleveland, OH 44115-1815, (216) 522-4065

Grand Rapids Area Office, Trade Center Building, Third Floor, 50

Louis Street, NW, Grand Rapids, MI 49503-2648, (616) 456-2100

HUD--Southwest Area

Arkansas State Office, Suite 900, TCBY Tower, 425 West Capitol

Avenue, Little Rock, AR 72201-3488, (501) 324-5931

Louisiana State Office, Ninth Floor, Hale Boggs Federal Building,

501 Magazine

[[Page 35888]]

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

Oklahoma State Office, 500 Main Plaza, 500 West Main Street, Suite

400, Oklahoma City, OK 73102-2233, (405) 553-7400

Texas State Office, 1600 Throckmorton Street, P.O. Box 2905, Fort

Worth, TX 76113-2905, (817) 885-5401

Houston Area Office, Suite 200, Norfolk Tower, 2211 Norfolk,

Houston, TX 77098-4096, (713) 313-2274

San Antonio Area Office, Washington Square, 800 Dolorosa Street, San

Antonio, TX 78207-4563, (210) 472-6800

HUD--Great Plains

Iowa State Office, Room 239, Federal Building, 210 Walnut Street,

Des Moines, IA 50309-2155, (515) 284-4512

Kansas/Missouri State Office, Room 200, Gateway Tower II, 400 State

Avenue, Kansas City, KS 66101-2406, (913) 551-5462

Nebraska State Office, Executive Tower Centre, 10909 Mill Valley

Road, Omaha, NE 68154-3955, (402) 492-3100

Saint Louis Area Field Office, Third Floor, Robert A. Young Federal

Building, 1222 Spruce Street, St. Louis, MO 63103-2836, (314) 539-

6583

HUD--Rocky Mountains Area

Colorado State Office, 633 17th Street, Denver, CO 80202-3607, (303)

672-5440

HUD--Pacific/Hawaii Area

Arizona State Office, Suite 1600, Two Arizona Center, 400 North 5th

Street, Phoenix, AZ 85004-2361, (602) 379-4434

California State Office, Philip Burton Federal Building and U.S.

Courthouse, 450 Golden Gate Avenue, P.O. Box 36003, San Francisco,

CA 94102-3448, (415) 436-6532

Hawaii State Office, Suite 500, 7 Waterfront Plaza, 500 Ala Moana

Boulevard, Honolulu, HI 96813-4918, (808) 522-8175

Los Angeles Area Office, 1615 West Olympic Boulevard, Los Angeles,

CA 90015-3801, (213) 251-7122

Sacramento Area Office, Suite 200, 777 12th Street, Sacramento, CA

95814-1997, (916) 498-5220

HUD--Northwest/Alaska Area

Alaska State Office, Suite 401, University Plaza Building, 949 East

36th Avenue, Anchorage, AK 99508-4399, (907) 271-4170

Oregon State Office, 400 Southwest Sixth Avenue, Suite 700,

Portland, OR 97204-1632, (503) 326-2561

Washington State Office, Suite 200, Seattle Federal Office Building,

909 First Avenue, Seattle, WA 98104-1000, (206) 220-5101.

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

BILLING CODE 4210-27-P