Targeted Housing and Homeless Assistance

Homeless Assistance
Programs--Supportive Housing Program (SHP), Shelter Plus Care
(S+C), Section 8 Moderate Rehabilitation Single Room Occupancy
Program for Homeless Individuals (SRO)

Program Overview Homeless Assistance Programs is to fund projects that will fill gaps in
locally developed Continuum of Care systems to assist homeless persons
move to self-sufficiency and permanent housing.
    Available Funds. Approximately $750 million.
    Eligible Applicants. The chart in the Appendix to this program
section of this SuperNOFA identifies the eligible applicants for each
of the three programs under the Continuum of Care.
    Application Deadline. June 2, 1999.
    Match. Yes.

Additional Information

    If you are interested in applying for funding under any of the
Continuum of Care Homeless Assistance programs, please review carefully
the General Section of the SuperNOFA and the following additional
information.

I. Application Due Date, Application Kits, Further Information, and
Technical Assistance

    Application Due Date. Your completed application (an original
containing the signed documentation and two copies) is due on or before
12:00 midnight, Eastern time, on June 2, 1999 to the addresses shown
below. See the General Section of this SuperNOFA for specific
procedures that you must follow for the form of application submissions
(e.g., mailed applications, express mail, overnight delivery, or hand
carried).
    Addresses for Submitting Applications. To HUD Headquarters. Submit
your original completed application (the application with the original
signed documentation) to: Room 7270, Office of Community Planning and
Development, Department of Housing and Urban Development, 451 Seventh
Street, SW, Washington, DC 20410, Attention: Continuum of Care
Programs.
    To the Appropriate CPD Field Office. Also submit two copies of your
completed application to the Community Planning and Development
Division of the appropriate HUD Field Office for your jurisdiction. The
HUD Field Office must receive the two copies of your application by the
deadline date as well. The determination, however, that your
application was received on time will be made solely on receipt of the
application at HUD Headquarters in Washington. Reviews will be based
upon the contents of the application submitted to HUD Headquarters.
    For Application Kits. For an application kit, please call the
SuperNOFA Information Center at 1-800-HUD-8929 (voice) or 1-800-483-
2209 (TTY), or you may download an application by Internet at http://
www.HUD.gov.
    For Further Information. For answers to your questions, you may
call the HUD Field Office serving your area, at the telephone number
shown in the application kit for this program, or you may contact the
Community Connections Information Center at 1-800-998-9999 (voice) or
1-800-483-2209 (TTY) or by Internet at: http://www.comcon.org/
ccprog.html.
    For Technical Assistance. Before the application deadline, HUD
staff will be available to provide you with general guidance. HUD
staff, however, cannot provide you with guidance in actually preparing
your application. HUD Field Office staff also will be available to help
you identify organizations in your community that are involved in
developing the Continuum of Care system and, in the case of renewals,
to determine the HUD final year amount (e.g., leasing, supportive
services and operations for SHP, and rental assistance for S+C).
Following conditional selection of applications, HUD staff will be
available to assist selected applicants in clarifying or confirming
information that is a prerequisite to the offer of a grant agreement or
Annual Contributions Contract by HUD. However, between the application
deadline and the announcement of conditional selections, HUD will
accept no information that would improve the substantive quality of
your application pertinent to HUD's funding decision.

II. Amount Allocated

    Approximately $750 million is available for this competition in FY
1999. Any unobligated funds from previous competitions or additional
funds that may become available as a result of deobligations or
recaptures from previous awards may be used in addition to 1999
appropriations to fund applications submitted in response to this
program section of this SuperNOFA. The funds available for the
Continuum of Care program can be used under any of three programs that
can assist in creating community systems for combating homelessness.
The three programs are:
    (1) Supportive Housing;
    (2) Shelter Plus Care; and
    (3) Section 8 Moderate Rehabilitation for Single Room Occupancy
Dwellings for Homeless Individuals.
    The chart in the Appendix to this program section of this SuperNOFA
summarizes key aspects of the programs, and also provides the citations
for the statutes and regulations that authorize these programs. The
regulations listed in the chart provide more detailed descriptions of
each of the programs.
    As in previous funding availability announcements for the Continuum
of Care Homeless Assistance Programs, HUD will not specify amounts for
each of the three programs this year. Instead, the distribution of
funds among the three programs will depend largely on locally
determined priorities and overall demand. Local priorities
notwithstanding, due to recent Congressional action, not less than 30
percent of this year's total homeless assistance appropriation of $975
million must be used for permanent housing projects. Pursuant to the
provisions of the FY 1998 NOFA, up to $60 million of the FY 1999
appropriation may be made available under the FY 1998 NOFA. Permanent
housing projects funded with that $60 million will be counted toward
the 30 percent requirement. (See Sections V(A)(4)(b) and V(A)(7) of
this program section of the SuperNOFA for additional information.)

III. Program Description; Eligible Applicants; Eligible Activities

(A) Program Description

    (1) Developing Continuum of Care Systems. The purpose of the
Continuum of Care Homeless Assistance Programs is to fund projects that
will fill gaps in locally developed Continuum of Care systems to assist
homeless persons move to self-sufficiency and permanent housing. The
process of developing a Continuum of Care system to assist homeless
persons is part of the community's larger effort of developing a
Consolidated Plan. For a community to successfully address its often
complex and interrelated problems, including homelessness, the
community must marshall its varied resources--community and economic
development resources, social service resources, housing and homeless
assistance resources--and use them in a coordinated and effective
manner. The Consolidated Plan, including the Analysis of Impediments to
Fair Housing Choice, serves as the vehicle for a community to
comprehensively

[[Page 9826]]

identify each of its needs and to coordinate a plan of action for
addressing them.
    A Continuum of Care system consists of four basic components:
    (a) A system of outreach and assessment for determining the needs
and conditions of an individual or family who is homeless;
    (b) Emergency shelters with appropriate supportive services to help
ensure that homeless individuals and families receive adequate
emergency shelter and referral to necessary service providers or
housing finders;
    (c) Transitional housing with appropriate supportive services to
help those homeless individuals and families who are not prepared to
make the transition to permanent housing and independent living; and
    (d) Permanent housing, or permanent supportive housing, to help
meet the long-term needs of homeless individuals and families.
    A Continuum of Care system is developed through a community-wide or
region-wide process involving nonprofit organizations (including those
representing persons with disabilities), government agencies, other
homeless providers, housing developers and service providers, private
foundations, neighborhood groups, and homeless or formerly homeless
persons. A Continuum of Care system should address the specific needs
of each homeless subpopulation: the jobless, veterans, persons with
serious mental illnesses, persons with substance abuse issues, persons
with HIV/AIDS, persons with multiple diagnoses, victims of domestic
violence, youth, and any others. The term ``multiple diagnoses'' may
include diagnoses of multiple physical disabilities or multiple mental
disabilities or a combination of these two types.
    As an applicant, the community process you use in developing a
Continuum of Care system should include interested veteran service
organizations. To ensure that the Continuum of Care system addresses
the needs of homeless veterans, it is particularly important that you
involve veteran service organizations with specific experience in
serving homeless veterans. In addition, given the large number of
youths aging out of the Foster Care system each year, you should seek
to include persons knowledgeable on this issue in the planning process
and ensure that your continuum of Care system adequately addresses this
need.
    Your application will be given a high score under the Continuum of
Care scoring factors if the application demonstrates the achievement of
two basic goals:
    <bullet> That you have provided maximum participation by non-profit
providers of housing and services; homeless and formerly homeless
persons; state and local governments and agencies; veteran service
organizations; organizations representing persons with disabilities;
the private sector; housing developers; foundations and other community
organizations.
    <bullet> That you have created, maintained and built upon a
community-wide inventory of housing and services for homeless families
and individuals; identified the full spectrum of needs of homeless
families and individuals; and coordinated efforts to obtain resources,
particularly resources sought through this program section of the
SuperNOFA, to fill gaps between the current inventory and existing
needs. This coordinated effort must appropriately address all aspects
of the continuum, especially permanent housing.
    In deciding the geographic area you will cover in your Continuum of
Care strategy, you should be aware that the single most important
factor in being awarded funding under this competition will be the
strength of your Continuum of Care strategy when measured against the
Continuum of Care rating factors described in this SuperNOFA. When you
determine what jurisdictions to include in your Continuum of Care
strategy area, include only those jurisdictions that are involved in
the development and implementation of the Continuum of Care strategy.
    The more jurisdictions you include in the Continuum of Care
strategy area, the larger the pro rata need share that will be
allocated to the strategy area (as described in Section V(A)(4) of this
program section of the SuperNOFA). However, it would be a mistake to
include jurisdictions that are not fully involved in the development
and implementation of the Continuum of Care strategy since this would
adversely affect the Continuum of Care score. If you are a rural
county, you may wish to consider working with larger groups of
contiguous counties to develop a region-wide or multi-county Continuum
of Care strategy covering the combined service areas of these counties.
    Since the basic concept of a Continuum of Care strategy is to
create a single, coordinated, inclusive homeless assistance system for
an area, the areas covered by Continuum of Care strategies should not
overlap. If your Continuum of Care strategy geographically overlaps to
the extent that they are essentially competing with each other,
projects in the applications/Continuum of Care that receive the highest
score out of the possible 60 points for Continuum of Care will be
eligible for up to 40 points under Need. Projects in the competing
applications/Continuum of Care with the less effective Continuum of
Care strategies will be eligible for only 10 points under Need. In no
case will the same geographical area be used more than one time in
assigning Need points. The local HUD Field Office can help you
determine if any of the areas proposed for inclusion by your Continuum
of Care system is also likely to be claimed under another Continuum of
Care system in this competition.
    (2) Prioritizing. HUD's policy is that decisions about priority are
best made through a locally-driven process and are key to the ultimate
goal of reducing homelessness. Again this year, you must list all
projects proposed for funding under this program section of the
SuperNOFA in priority order from the highest priority to the lowest.
Generally, this priority order will mean, for example, that if HUD has
funds available only to award 8 of 10 proposed projects, then it will
award funding to the first eight eligible projects listed, except as
may be necessary to achieve the new 30 percent overall permanent
housing requirement--in which case higher priority non-permanent
housing projects may be skipped over in order to fund lower priority
permanent housing projects. You should give non-profit organizations an
opportunity to participate in establishing these priorities.
    In order to promote permanent housing, a special incentive is being
provided to continuum of care systems that place an eligible, new
permanent housing project in the number one priority slot on the
priority list. See Section V(A)(4)(b) of this program section of the
SuperNOFA for a description of this incentive.
    HUD will use this priority list to award up to 40 points per
project under the ``Need'' scoring factors. Higher priority projects
will receive more points under Need than lower priority projects. A
project priority chart is included in the application kit and you
should complete and submit it. If you do not submit clear project
priority designations for the continuum, or if HUD, at its sole
discretion, cannot determine priority designations, then HUD will give
all projects the lowest score for Need.
    Project renewals. If your Supportive Housing, Supportive Housing
Demonstration Program, SAFAH, or Shelter Plus Care grants will be
expiring in calendar year 2000, you must apply

[[Page 9827]]

under this Continuum of Care program section of the SuperNOFA to get
continued funding.
    Your local needs analysis process must consider the need to
continue funding for projects expiring in calendar year 2000, and you
must assign a priority to those projects requesting renewal. HUD will
not fund renewals out of order on the priority list except as may be
necessary to achieve the new 30 percent overall permanent housing
requirement. HUD reserves the authority to use FY 2000 funds, if
available, to conditionally select lower-rated eligible SHP renewal
projects that are assigned 40 need points in continuum of care systems
that would not otherwise receive funding.
    Regardless of the priority assigned to expiring projects, you
should fully consider how persons currently being served by those
projects will continue to be served, and address this issue in your
gaps analysis. In previous competitions, some renewal projects that
were not assigned top priority by a locality did not receive funding.
To the extent your community desires to have such projects renewed, you
should give them the top priorities on the priority projects listing in
the application. Since renewal projects receive no special
consideration during the review, it is important that they meet minimum
project eligibility, capacity, and quality standards identified in this
program section of the SuperNOFA or they will be rejected.
    For the renewal of a Supportive Housing Program project, Supportive
Housing Demonstration Program project or SAFAH project, you may request
funding for one (1), two (2) or three (3) years. The amount of this
request can be up to the total of HUD grant funds for leasing,
operations, and supportive services approved for the final year of the
expiring grant's term. For the renewal of a Shelter Plus Care project,
the grant term is fixed at five (5) years as required by statute. You
may request up to the amount determined by multiplying the number of
units under lease at the time of application for renewal funding under
this SuperNOFA by the applicable current Fair Market Rent(s) by 60
months. While full funding of existing grants may be requested, there
is no guarantee that the entire amount will be awarded. As is the case
with SHP, HUD will recapture Shelter Plus Care grant funds remaining
unspent at the end of the original grant period when it renews a grant.
    This program section of the SuperNOFA is not applicable to the
renewal of funding under the SRO program. For further guidance on SRO
renewals, please contact your local HUD Field Office.
    As a project applicant, you are eligible to apply for renewal of a
grant only if you have executed a grant agreement for the project
directly with HUD. If you are a project sponsor or subrecipient who has
not signed such an agreement, you are not eligible to apply for renewal
of these projects. HUD will reject applications for renewal submitted
by ineligible applicants. If you have questions about your eligibility
to apply for project renewal, contact the local HUD field office. To be
considered an applicant when applying as part of a consolidated
application, you must submit an originally signed HUD Form SF-424 and
the necessary certifications and assurances.

(B) Eligible Applicants

    See Appendix.

(C) Eligible Activities

    See Appendix.

IV. Program Requirements

(A) Statutory and Regulatory Requirements

    (1) SRO Program. As an applicant, you need to know that the
following limitations apply to the Section 8 SRO program:
    <bullet> Under section 8(e)(2) of the United States Housing Act of
1937, no single project may contain more than 100 assisted units;
    <bullet> Under 24 CFR 882.802, applicants that are private
nonprofit organizations must subcontract with a Public Housing
Authority to administer the SRO assistance;
    <bullet> Under section 8(e)(2) of the United States Housing Act of
1937 and 24 CFR 882.802, rehabilitation must involve a minimum
expenditure of $3000 for a unit, including its prorated share of work
to be accomplished on common areas or systems, to upgrade conditions to
comply with the Housing Quality Standards.
    <bullet> Under section 441(e) of the McKinney Act and 24 CFR
882.805(d)(1), HUD publishes the SRO per unit rehabilitation cost limit
each year to take into account changes in construction costs. This cost
limitation applies to rehabilitation that is compensated for in a
Housing Assistance Payments Contract. For purposes of Fiscal Year 1999
funding, the cost limitation is raised from $17,200 to $17,500 per unit
to take into account increases in construction costs during the past
12-month period.
    (2) Shelter Plus Care/Section 8 SRO Component. With regard to the
SRO component of the Shelter Plus Care program, if you are a State or a
unit of general local government, you must subcontract with a Public
Housing Authority to administer the Shelter Plus Care assistance. Also
with regard to this component, no single project may contain more than
100 units.

(B) Match

    You must match Supportive Housing Program funds provided for
acquisition, rehabilitation, and new construction with an equal amount
of funds from other sources. In addition, in this year's competition,
you must match by 25% all funding for supportive services. The cash
source may be you, the Federal Government, State and local governments,
or private resources. You must match rental assistance provided through
the Shelter Plus Care Program in the aggregate with supportive
services.

(C) Linking Supportive Housing Programs and Americorps

    Applicants for the Supportive Housing Program are encouraged to
link their proposed projects with AmeriCorps, a national service
program engaging thousands of Americans on a full or part-time basis to
help communities address their toughest challenges, while earning
support for college, graduate school, or job training. For information
about AmeriCorps SHP partnerships, call the Corporation for National
Service at (202) 606-5000, extension 486.

(D) Timeliness Standards

    As an applicant, you are expected to initiate your approved
projects promptly. HUD may take action if you fail to satisfy certain
timeliness standards:
    (1) Supportive Housing Program.
    <bullet> HUD will deobligate SHP funds if you have not demonstrated
site control within one (1) year after you were initially notified of
the grant award, as provided in 24 CFR 583.320(a), subject to the
exceptions noted in that regulation.
    <bullet> Except where HUD finds that delay was due to factors
beyond your control, HUD may deobligate SHP funds if you do not meet
the following additional timeliness standards:

--You must begin construction activities within eighteen (18) months
after initial notification of your grant award and complete them within
thirty-six (36) months after that notification.
--For activities that cannot begin until construction activities are
completed, such as supportive service or

[[Page 9828]]

operating activities that will be conducted within the building being
rehabilitated or newly constructed, you must begin these activities
within three (3) months after you complete construction.
--You must begin all activities that may proceed independent of
construction activities within twelve (12) months after initial
notification of your grant award.

    (2) Shelter Plus Care Program Components Except SRO Component.
Except where HUD finds that delay was due to factors beyond your
control, HUD will deobligate S+C funds if you do not meet the following
timeliness standards:
    <bullet> For Tenant-based Rental Assistance, for Sponsor-based
Rental Assistance, and for Project-based Rental Assistance without
rehabilitation, you must start the rental assistance within twelve (12)
months of the initial announcement of the grant award.
    <bullet> For Project-based Rental Assistance with rehabilitation,
you must complete the rehabilitation within twelve (12) months of
initial notification of the grant award.
    (3) SRO Program and SRO Component of the Shelter Plus Care Program.
    For projects carried out under the SRO program and the SRO
component of the S+C program, the rehabilitation work must be completed
and the Housing Assistance Payments contract executed within twelve
(12) months of execution of the Annual Contributions Contract. HUD may
reduce the number of units or the amount of the annual contribution
commitment if, in HUD's determination, the Public Housing Authority
fails to demonstrate a good faith effort to adhere to this schedule.

V. Application Selection Process

(A) Review, Rating and Conditional Selection

    HUD will use the same review, rating, and conditional selection
process for all three programs (S+C, SRO, and SHP). The standard
factors for award identified in the General Section of this SuperNOFA
have been modified in this program section as described below. Only the
factors described in this program section--Continuum of Care and Need--
will be used to assign points. To review and rate applications, HUD may
establish panels.To obtain certain expertise and outside points of
view, including views from other Federal agencies, these panels may
include persons not currently employed by HUD. Two types of reviews
will be conducted. Paragraphs (1) and (2) below describe threshold
reviews and paragraphs (3) and (4) describe factors--Continuum of Care
and Need--that will be used to assign points. Up to 104 points
(including bonus points and points for the court-ordered consideration
described in Section III(C) (1) and (2) of the General Section of the
SuperNOFA) will be assigned using these factors.
    (1) Applicant and sponsor eligibility and capacity. HUD will review
your capacity as the applicant and project sponsor to ensure the
eligibility and capacity standards in this section are met. If HUD
determines these standards are not met, the project will be rejected
from the competition. The eligibility and capacity standards are:
    <bullet> You must be eligible to apply for the specific program;
    <bullet> You must demonstrate ability to carry out the project(s).
With respect to each proposed project, this means that in addition to
knowledge of and experience with homelessness in general, the
organization carrying out the project, its employees, or its partners,
must have the necessary experience and knowledge to carry out the
specific activities proposed, such as housing development, housing
management, and service delivery;
    <bullet> If you or the project sponsors are current or past
recipients of assistance under a HUD McKinney Act program or the HUD
Single Family Property Disposition Homeless Program, there must have
been no delay in implementing projects exceeding applicable program
timeliness standards that HUD determines is within your or the project
sponsor's control, unresolved HUD finding, or outstanding audit finding
of a material nature regarding the administration of HUD McKinney Act
programs or the HUD Single Family Property Disposition Homeless
Program; and
    <bullet> You and the project sponsors must be in compliance with
applicable civil rights laws and Executive Orders, and must meet the
threshold requirements of Section II(B) of the General Section of the
SuperNOFA.
    (2) Project eligibility and quality. HUD will review projects to
determine if they meet the following eligibility and quality standards.
If HUD determines the following standards are not met by a specific
project or activity, the project or activity will be rejected from the
competition.
    <bullet> The population to be served must meet the eligibility
requirements of the specific program, as described in the application
instructions;
    <bullet> At least one of the activity(ies) for which assistance is
requested must be eligible under the specific program, as described in
the program regulations;
    <bullet> The housing and services proposed must be appropriate to
the needs of the persons to be served. HUD may find a project to be
inappropriate if:

--The type and scale of the housing or services clearly does not fit
the needs of the proposed participants (e.g., housing homeless families
with children in the same space as homeless individuals, or separating
members of the same family, without an acceptable rationale provided);
--Participant safety is not ensured;
--The housing or services are clearly designed to principally meet
emergency needs rather than helping participants achieve self-
sufficiency;
--Transportation and community amenities are not available and
accessible; or
--Housing accessibility for persons with disabilities is not provided
as required by applicable laws;

    <bullet> The project must be cost-effective in HUD's opinion,
including costs associated with construction, operations, and
administration, with such costs not deviating substantially from the
norm in that locale for the type of structure or kind of activity;
    <bullet> Supportive services only projects, and all others, must
show how participants will be helped to access permanent housing and
achieve self-sufficiency;
    <bullet> For the Section 8 SRO program, at least 25 percent of the
units to be assisted at any one site must be vacant at the time of
application; and
    <bullet> For those projects proposed under the SHP innovative
category: Whether or not a project is considered innovative will be
determined on the basis that the particular approach proposed is new
within its geographic area, and can be replicated.
    (3) Continuum of Care. HUD will award up to 60 points as follows:
    (a) Process and Strategy. HUD will award up to 30 points based on
the extent to which your application demonstrates:
    <bullet> The existence of a coordinated and inclusive community
process, including organizational structure(s), for developing and
implementing a Continuum of Care strategy which includes nonprofit
organizations (such as veterans service organizations, organizations
representing persons with disabilities, and other groups serving
homeless persons), State and local governmental agencies, other
homeless providers, housing developers and service providers, private
foundations, local businesses and the banking

[[Page 9829]]

community, neighborhood groups, and homeless or formerly homeless
persons; and
    <bullet> That a well-defined and comprehensive strategy has been
developed which addresses the components of a Continuum of Care system
(i.e., outreach, intake, and assessment; emergency shelter;
transitional housing; permanent and permanent supportive housing) and
that strategy has been designed to serve all homeless subpopulations in
the community (e.g., seriously mentally ill, persons with multiple
diagnoses, veterans, persons with HIV/AIDS), including those persons
living in emergency shelters, supportive housing for homeless persons,
or in places not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
    (b) Gaps and Priorities. HUD will award up to 20 points based on
the extent to which your application:
    <bullet> Describes the gap analysis performed, uses reliable
information and sources that are presented completely and accurately,
and establishes the relative priority of homeless needs identified in
the Continuum of Care strategy; and
    <bullet> Proposes projects that are consistent with the priority
analysis described in the Continuum of Care strategy, describes a fair
project selection process, explains how gaps identified through the
analysis are being addressed, and correctly completes the priority
chart.
    When HUD reviews a community's Continuum of Care to determine the
points to assign, HUD will consider whether the community took its
renewal needs into account in preparing its project priority list. (See
discussion on renewals in Section III(A)(2) of this NOFA.)
    (c) Supplemental Resources. HUD will award up to 10 points based on
the extent to which your application demonstrates leveraging of funds
requested under this program section of the SuperNOFA with other
resources, including private, other public, and mainstream services and
housing programs.
    (d) EZ/EC bonus points. As provided for in Section III(C)(1) of the
General Section of this SuperNOFA, HUD will add a bonus of up to 2
points to the Continuum of Care score when: (1) at least one proposed
homeless assistance project will be located within the boundaries and/
or will principally serve the residents of a high performing federal
Empowerment Zone, Enterprise Community or Enhanced Enterprise Community
(collectively ``EZ/EC''); and (2) if priority placement will be given
by the project(s) to homeless persons living on the streets or in
shelters within the EZ/EC, or whose last known address was within the
high performing EZ/EC. In addition, and in order for a Continuum of
Care system to receive any of the bonus points, the applicant must
specifically state how it meets the requirements for the two EZ/EC
bonus points, and provide a narrative describing the extent of the
linkages and coordination between proposed projects and the EZ/EC.
Examples of such coordination include having common board or committee
membership (EZ/EC and Continuum of Care), and having EZ/EC resources
directed toward Continuum of Care activities. The greater the extent of
EZ/EC involvement in and coordination with the implementation strategy
for the Continuum of Care system and projects, the greater the
likelihood that bonus points will be awarded.
    (e) Court-ordered consideration. Section III(C)(2) of the General
Section is applicable to this program.
    (4) Need. HUD will award up to 40 points for need. There is a
three-step approach to determining the need scores to be awarded to
projects:
    (a) Determining relative need: To determine the homeless assistance
need of a particular jurisdiction, HUD will use nationally available
data, including the following factors as used in the Emergency Shelter
Grants program: data on poverty, housing overcrowding, population, age
of housing, and growth lag. Applying those factors to a particular
jurisdiction provides an estimate of the relative need index for that
jurisdiction compared to other jurisdictions applying for assistance
under this program section of the SuperNOFA.
    (b) Applying relative need: HUD will then apply that relative need
index to the total amount of funding estimated to be available under
this program section of the SuperNOFA to determine a jurisdiction's pro
rata need. However, in order to promote permanent housing for the
homeless, if a continuum of care's number one priority project
qualifies as an eligible, new permanent housing project, then the full
amount of that project's eligible activities, up to $250,000, will be
added to the final pro rata need amount for the continuum. HUD also
reserves the right to adjust pro rata need, if necessary, to address
the issue of project renewals.
    (c) Awarding need points to projects: Once the pro rata need is
established, it is applied against the priority project list in the
application. Starting from the highest priority project, HUD proceeds
down the list to award need points to each project. An eligible project
will receive the full 40 points for need if at least one half of its
requested amount falls within the pro rata need amount for that
Continuum of Care (COC). Thereafter, HUD proceeds further down the
priority project list and awards 20 points for need to each project if
at least one half of its requested amount falls within the ``second
tier'' of pro rata need amount for that Continuum of Care (COC). The
``second tier'' is the amount between the pro rata need and twice the
pro rata need for the COC. Remaining projects each receive 10 points.
If projects are not prioritized for the continuum, then all projects
will receive 10 points for Need.
    In the case of competing applications from a single jurisdiction or
service area, projects in the application that received the highest
score out of the possible 60 points for Continuum of Care are eligible
for up to 40 points under Need. Projects in the competing applications
with lower Continuum of Care scores are eligible for only 10 points
under Need.
    (5) Ranking. HUD will add the score for Continuum of Care to the
Need score in order to obtain a total score for each project. The
projects will then be ranked from highest to lowest according to the
total combined score.
    (6) Conditional Selection and Adjustments to Funding.
    (a) Conditional Selection. Whether a project is conditionally
selected, as described in Section V(B) below, will depend on its
overall ranking compared to others, except that HUD reserves the right
to select lower rated eligible projects in order to meet the new 30
percent overall permanent housing requirement.
    When insufficient funds remain to fund all projects having the same
total score, HUD will first fund permanent housing projects if
necessary to achieve the 30 percent overall permanent housing
requirement. HUD will then break ties among the remaining projects with
the same total score by comparing scores received by the projects for
each of the following scoring factors, in the order shown: Need,
Overall Continuum of Care (COC) score, COC Process and Strategy, COC
Gaps and Priorities, and COC Supplemental Resources. The final tie-
breaking factor is the priority number of the competing projects on the
applicable COC priority list(s).
    (b) Adjustments to Funding. The Secretary of HUD has determined
that geographic diversity is appropriate to carrying out homeless
assistance programs in an effective manner. HUD believes that
geographic diversity can be

[[Page 9830]]

achieved best by awarding grants to as many COCs as possible. To this
end, in instances where any of the 50 States does not have at least one
funded COC, HUD reserves the right to fund eligible project(s)
receiving 40 Need points in the COC with the highest total score in
that State. In the case of two or more COCs with the same total score,
HUD will use the tie-breaking rules described above. In addition, if
the highest priority project passing threshold requirements within a
COC fails to meet the criteria for receiving 40 Need points, HUD
reserves the right to reduce the total requested amount for that
project in order to allow it to qualify for 40 Need points. HUD may
otherwise adjust funding of applications in accordance with the
provisions of Section III(E) of the General Section of the SuperNOFA.
In addition, HUD reserves the right to ensure that a project that is
applying for, and eligible for, selection under this competition is not
awarded funds that duplicate activities.
    (7) Additional selection considerations. HUD also will apply the
limitations on funding described below in making conditional
selections.
    In accordance with the appropriation for homeless assistance grants
in the Fiscal Year 1999 Appropriation Act for HUD (Pub. L. 105-276,
approved October 21, 1998), HUD will use not less than 30 percent of
the total FY 1999 homeless grant assistance appropriation to fund
projects that meet the definition of permanent housing. Projects
meeting the definition of permanent housing are: (1) New Shelter Plus
Care projects; (2) Shelter Plus Care renewal projects; (3) Section 8
SRO projects; and (4) new and renewal projects designated as permanent
housing for homeless persons with disabilities under the Supportive
Housing Program. Since the FY 1999 homeless grant assistance
appropriation is $975 million, not less than $292.5 million must be
awarded to permanent housing projects unless an insufficient number of
approvable permanent housing projects is submitted in which case HUD
will carry over the amount of the permanent housing funding shortfall
to next year's competition. This permanent housing funding requirement
may result in higher scoring non-permanent housing projects being
skipped over in order to fund lower scoring permanent housing projects
or, within a continuum, higher priority non-permanent housing projects
being skipped over in order to fund lower priority permanent housing
projects.
    In accordance with section 429 of the McKinney Act, HUD will award
Supportive Housing funds as follows: not less than 25 percent for
projects that primarily serve homeless families with children; not less
than 25 percent for projects that primarily serve homeless persons with
disabilities; and not less than 10 percent for supportive services not
provided in conjunction with supportive housing. After projects are
rated and ranked, based on the factors described above, HUD will
determine if the conditionally selected projects achieve these minimum
percentages. If not, HUD will skip higher-ranked projects in order to
achieve these minimum percentages.
    In accordance with section 463(a) of the McKinney Act, as amended
by the Housing and Community Development Act of 1992, at least 10
percent of Shelter Plus Care funds will be awarded for each of the four
components of the program: Tenant-based Rental Assistance; Sponsor-
based Rental Assistance; Project-based Rental Assistance; and Section 8
Moderate Rehabilitation of Single Room Occupancy Dwellings for Homeless
Individuals (provided there are sufficient numbers of approvable
projects to achieve these percentages). After projects are rated and
ranked, based on the factors described above, HUD will determine if the
conditionally selected projects achieve these minimum percentages. If
necessary, HUD will skip higher-ranked projects in order to achieve
these minimum percentages.
    In accordance with section 455(b) of the McKinney Act, no more than
10 percent of the assistance made available for Shelter Plus Care in
any fiscal year may be used for programs located within any one unit of
general local government. In accordance with section 441(c) of the
McKinney Act, no city or urban county may have Section 8 SRO projects
receiving a total of more than 10 percent of the assistance made
available under this program. HUD is defining the 10 percent
availability this fiscal year as $10 million for Shelter Plus Care and
$10 million for Section 8 SRO. However, if the amount awarded under
either of these two programs exceeds $100 million, then the amount
awarded to any one unit of general local government (for purposes of
the Shelter Plus Care program) or city or urban county (for the
purposes of the SRO program) could be up to 10 percent of the actual
total amount awarded for that program.
    Lastly, HUD reserves the right to reduce the amount of a grant if
necessary to ensure that no more than 10 percent of assistance made
available under this program section of the SuperNOFA will be awarded
for projects located within any one unit of general local government or
within the geographic area covered by any one Continuum of Care. If HUD
exercises a right it has reserved under this program section of the
SuperNOFA, that right will be exercised uniformly across all
applications received in response to this program section of the
SuperNOFA.

(B) Action on Conditionally Selected Applications

    HUD will notify conditionally selected applicants in writing. As
necessary, HUD will subsequently request them to submit additional
project information, which may include documentation to show the
project is financially feasible; documentation of firm commitments for
cash match; documentation showing site control; information necessary
for HUD to perform an environmental review, where applicable; and such
other documentation as specified by HUD in writing to the applicant,
that confirms or clarifies information provided in the application. HUD
will notify SHP, SRO, S+C and S+C/SRO applicants of the deadline for
submission of such information. If an applicant is unable to meet any
conditions for fund award within the specified timeframe, HUD reserves
the right not to award funds to the applicant, but instead to either:
use them to select the next highest ranked application(s) from the
original competition for which there are sufficient funds available; or
add them to funds available for the next competition for the applicable
program.

VI. Application Submission Requirements

    The application kit provides the application materials, including
Form SF-424 and certifications, that must be used in applying for
homeless assistance under this SuperNOFA. These application materials
substitute for the forms, certifications, and assurances listed in
Section II(G) of the General Section of the SuperNOFA.
    The application requires a description of the Continuum of Care
system and proposed project(s). The application kit also contains
certifications that the applicant will comply with fair housing and
civil rights requirements, program regulations, and other Federal
requirements, and (where applicable) that the proposed activities are
consistent with the HUD-approved Consolidated Plan of the applicable
State or unit of general local government, including the Analysis of
Impediments to Fair Housing Choice and the Action Plan to address these
impediments. Projects funded under

[[Page 9831]]

this SuperNOFA shall operate in a fashion that does not deprive any
individual of any right protected by the Fair Housing Act (42 U.S.C.
3601-19), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d),
Section 109 of the Housing and Community Development Act of 1974 (42
U.S.C. 5301) or the Age Discrimination Act of 1974 (42 U.S.C. 6101).
Section II(D) of the General Section of this SuperNOFA regarding
Affirmatively Furthering Fair Housing does not apply to the Continuum
of Care Homeless Assistance programs.
    There are three options for submitting an application under this
program section of the SuperNOFA.
    One: A ``Consolidated Application'' is submitted when a
jurisdiction (or a consortium of jurisdictions) submits a single
application encompassing a Continuum of Care strategy and containing
all the projects within that strategy for which funding is being
requested. Individual projects are contained within the one
consolidated application. Grant funding may go to one entity which then
administers all funded projects submitted in the application, or under
this option, grant funding may go to all or any of the projects
individually. Your application will specify the grantee for each
project.
    Two: ``Associated Applications'' are submitted when applicants plan
and organize a single Continuum of Care strategy which is adopted by
project sponsors or operators who choose to submit separate
applications for projects while including the identical Continuum of
Care strategy. In this case, project funding would go to each
successful applicant individually and each would be responsible to HUD
for administering its separate grant.
    Three: A ``Solo Application'' is submitted when an applicant
applies for a project exclusive of participation in any community-wide
or region-wide Continuum of Care development process.
    Options one and two are not substantively different and will be
considered equally competitive. Applicants are advised that projects
that are not a part of a Continuum of Care strategy will receive few,
if any, points under the Continuum of Care rating factors.

VII. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for
corrections to deficient applications (See Section V of the General
Section).

VIII. Environmental and Local Resident Employment Requirements

(A) Environmental Requirements

    All Continuum of Care assistance is subject to the National
Environmental Policy Act of 1969 and related Federal environmental
authorities. No Federal or non-Federal funds or assistance that limits
reasonable choices or could produce a significant adverse environmental
impact may be committed to a project until all required environmental
reviews and notifications have been completed. Conditional selection of
projects under the Continuum of Care Program is subject to the
environmental review requirements under 24 CFR 582.230, 583.230, and
882.804(c), as applicable.

(B) Local Resident Employment

    To the extent that any housing assistance (including rental
assistance) funded through this program section of the SuperNOFA is
used for housing rehabilitation (including reduction and abatement of
lead-based paint hazards, but excluding routine maintenance, repair,
and replacement) or housing construction, then it is subject to section
3 of the Housing and Urban Rehabilitation Act of 1968, and the
implementing regulations at 24 CFR part 135. Section 3, as amended,
requires that economic opportunities generated by certain HUD financial
assistance for housing and community development programs shall, to the
greatest extent feasible, be given to low- and very low-income persons,
particularly those who are recipients of government assistance for
housing, and to businesses that provide economic opportunities for
these persons.

IX. Authority

    The Supportive Housing Program is authorized by title IV, subtitle
C, of the Stewart B. McKinney Homeless Assistance Act (McKinney Act),
42 U.S.C. 11381. Funds made available under this program section of the
SuperNOFA for the Supportive Housing Program are subject to the program
regulations at 24 CFR part 583.
    The Shelter Plus Care program is authorized by title IV, subtitle
F, of the McKinney Act, 42 U.S.C. 11403. Funds made available under
this program section of the SuperNOFA for the Shelter Plus Care program
are subject to the program regulations at 24 CFR part 582.
    The Section 8 Moderate Rehabilitation Program for Single Room
Occupancy Dwellings for Homeless Individuals (SRO) is authorized by
section 441 of the McKinney Act, 42 U.S.C. 11401. Funds made available
under this NOFA for the SRO program are subject to the program
regulations at 24 CFR part 882, subpart H.

BILLING CODE 4210-32-P

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BILLING CODE 4210-32-C

[[Page 9837]]

Funding Availability for the Housing Opportunities for Persons With
AIDS (HOPWA) Program

Program Overview

    Purpose of the Program. To provide States and localities with the
resources and incentives to devise long-term comprehensive strategies
for meeting the housing needs of persons with HIV/AIDS and their
families.
    Available funds. $22,275,000 (and under a related part of this
SuperNOFA, up to $2,250,000 for technical assistance for the HOPWA
program).
    Eligible Applicants. (1) States, units of general local government,
and nonprofit organizations for grants for Special Projects of National
Significance (SPNS) grants.
    (2) States and units of general local government may apply for
projects under the Long-Term category of grants, if activities will
serve areas that were not eligible for HOPWA formula allocations in
fiscal year 1999. An appendix in the application kit identifies the
formula areas.
    Application Deadline. June 2, 1999.
    Match. None.

Additional Information

    If you are interested in applying for funding under this program,
please review carefully the General Section of this SuperNOFA and the
following additional information.

I. Application Due Date, Application Kits, Further Information, and
Technical Assistance

    Application Due Date. You must submit applications on or before
12:00 midnight, Eastern time, on June 2, 1999 at HUD Headquarters.
    See the General Section of this SuperNOFA for specific procedures
governing the form of application submission (e.g., mailed
applications, express mail, overnight delivery, or hand carried).
    Address for Submitting Applications. You must submit your completed
original application to: Department of Housing and Urban Development,
451 Seventh Street, SW, Room 7251, Washington, DC 20410. The original
application submitted to HUD headquarters is considered the official
application.
    In addition, you must submit two (2) copies of your application to
the area CPD Field Office or Offices that serve the area in which
activities are proposed; the list of addresses for area CPD Field
Offices is provided in the HOPWA application kit. If you propose
nationwide activities, you must send all copies to the HUD headquarters
office. When submitting your applications, please refer to HOPWA, and
include your name, mailing address (including zip code) and telephone
number (including area code).
    For Application Kits. For an application kit, please call the
SuperNOFA Information Center at 1-800-HUD-8929 (1-800-483-8929).
Persons with hearing or speech impairments may call the Center's TTY
number at 1-800-483-2209. The application kit also will be available on
the Internet through the HUD web site at http://www.hud.gov.
    For Further Information and Technical Assistance. For answers to
your questions, you may call the HUD Field Office serving your area, at
the telephone number shown in the application kit for this program, or
you may contact the Community Connections Information Center at 1-800-
998-9999 (voice) or 1-800-483-2209 (TTY) or by Internet at: http://
www.comcon.org/ccprog.html.

II. Amount Allocated

    Approximately $22,275,000 is being made available for funding under
this program section of the SuperNOFA. Additional funds may be awarded
if funds are recaptured, deobligated, appropriated or otherwise made
available during the fiscal year.
    (A) Maximum grant amounts. The maximum amount that you may receive
is $1,200,000 for program activities (e.g., activities that directly
benefit low-income persons living with HIV/AIDS and their families).
You may also add-on up to 3 percent of this program activities amount
for grantee administrative costs and, if your program involves project
sponsors, add-on up to 7 percent for their administrative costs. In
addition, up to $50,000 may be requested to collect data on project
outcomes. HUD reserves the right to reduce the amount requested for
data collection on project outcomes in relation the amount requested
for program activities.
    (B) Award Modifications. See the General Section of this SuperNOFA
for information with regard to adjustments to funding. HUD also
reserves the right to ensure that activities funded under the FY 1999
Continuum of Care will not duplicate activities funded under this
competition.

III. Program Description; Eligible Applicants, Eligible Activities

(A) Program Description

    Funds under this program are to be used to fund projects for low-
income persons with HIV/AIDS and their families under two categories of
assistance:
    (1) Grants for Special Projects of National Significance (SPNS)
that, due to their innovative nature or their potential for
replication, are likely to serve as effective models in addressing the
housing and related supportive service needs of low-income persons
living with HIV/AIDS and their families; and
    (2) Grants for projects that are part of Long-Term Comprehensive
Strategies (Long-Term) which provide housing and related supportive
services for low-income persons living with HIV/AIDS and their families
in areas that are not eligible for HOPWA FY 99 formula allocations.

(B) Eligible Applicants and Project Sponsors

    (1) States, units of general local government, and nonprofit
organizations may apply for grants for Special Projects of National
Significance;
    (2) States and units of general local government may apply for
grants for projects under the Long-Term category of grants, if proposed
activities will serve areas that were not eligible to receive HOPWA
formula allocations in fiscal year 1999. An appendix in the application
kit describes the formula areas. Nonprofit organizations are not
eligible to apply directly for the Long-Term grants but may serve as a
project sponsor for an eligible State or local government grantee. You
must identify your project sponsors in your application.
    (3) Nonprofit organizations must have appropriate credentials, in
accordance with HOPWA regulations at 24 CFR 574.3. If you are a
nonprofit organization, to be an eligible applicant or project sponsor,
you must either:

--Have, by the application due date, an IRS ruling that grants you tax
exempt status under section 501(c)(3) of the Internal Revenue Code; or
--Provide documentation that shows that your organization satisfies the
criteria in the statutory definition of nonprofit organization in 42
U.S.C. 12902(13).
    The statutory definition reads:

    The term ``nonprofit organization'' means any nonprofit
organization (including a State or locally chartered, nonprofit
organization) that--(A) is organized under State or local laws; (B)
has no part of its net earnings inuring to the benefit of any
member, founder, contributor, or individual; (C) complies with
standards of financial accountability acceptable to the Secretary;
and (D) has among its purposes significant activities related to
providing services or

[[Page 9838]]

housing to persons with acquired immunodeficiency syndrome or
related diseases.

HUD interprets the use of the term ``related diseases'' in this
definition to include HIV infection.
    Adequate documentation of nonprofit status includes the following:
    (a) In lieu of an IRS exemption for nonprofits in Puerto Rico, a
ruling from the Treasury Department of the Commonwealth of Puerto Rico
granting income tax exemption under section 101 of the Income Tax Act
of 1954, as amended (13 LPRA 3101);
    (b) In lieu of documentation under section 501(c)(3), documentation
of an IRS ruling of tax exempt status under section 501(c)(4), (6),
(7), (9), or (19);
    (c) Documentation of satisfying the statutory criteria by
submitting the following four items:
    (i) Certification by the appropriate official of the jurisdiction
under whose laws the nonprofit organization was organized that the
organization was so organized and is in good standing;
    (ii) Documentation that the organization is a certified United Way
member agency or other documentation that shows that no inurement of
benefits to the managers of the organization occurs;
    (iii) Documentation from a CPA or Public Accountant that the
organization has a functioning accounting system that is operated in
accordance with generally acceptable accounting principles or that a
qualifying entity is designated for that activity, or the United Way
member agency certification noted in item (ii); and
    (iv) A certified copy of the nonprofit organization's articles of
incorporation, by-laws, statement of purposes, board of director's
resolution or a similar document that includes a provision
demonstrating its purpose regarding significant activities for persons
living with HIV/AIDS.
    If your organization does not provide the requested documentation,
you are not eligible to receive funds and serve as the grantee or as a
project sponsor. However, you may collaborate with eligible nonprofit
organizations or with a government agency that applies for the grant
and assist them, for example, in planning for the proposed activities,
identifying needs in your community and identifying clients who will be
assisted. In addition, you may do work under contract with a grantee
for services funded by this grant.

(C) Eligible Activities

    (1) The following eligible activities are subject to standards and
limitations found in 24 CFR part 574, however, HUD will not approve
proposals that depend on future decisions on how funds are to be used,
for example, a proposal to establish a local request-for-proposal
process to select activities:
    (a) Housing information services (including fair housing
counseling).
    (b) Project-based or tenant-based rental assistance.
    (c) New construction of a community residence or SRO dwelling.
    (d) Acquisition, rehabilitation, conversion, lease or repair of
facilities to provide housing and services.
    (e) Operating costs for housing.
    (f) Short-term rent, mortgage and utility payments to prevent
homelessness.
    (g) Supportive services.
    (h) Administrative expenses (see limits for grantees and sponsors).
    (i) Resource identification to establish, coordinate and develop
housing assistance resources and technical assistance in establishing
and operating a community residence. HUD will not select under this
notice an application that is primarily directed at providing these
activities, since national HOPWA technical assistance funds are being
made available under the CDTA part of this notice for this purpose. You
may propose a resource identification or technical assistance component
in your application, if the amount of funds designated for these
activities are less than 20 percent of the proposed program activity
costs; and
    (j) As authorized by the statute, you may propose other activities
in your application, if approved by HUD, including data collection on
project outcomes, as described below in paragraph (2).
    (2) Project Outcomes.
    You may request up to $50,000 to collect information and report to
HUD, or a third party designated by HUD, on project outcomes. If you
requested these funds, you must propose data collection activities in
your application. The persons who will conduct these activities may
include an expert third-party. Generally, this assistance will help a
project:
    (a) Define monitoring questions that will be addressed and examined
during the project period;
    (b) Specify outcome measures;
    (c) Develop instruments to assess project outcomes and systems
outcomes;
    (d) Train project staff in the collection of data;
    (e) Monitor data collection activities to assure that submissions
are complete and accurate, including data coding and entry;
    (f) Summarize data collected; and
    (g) Prepare reports summarizing findings, including the standard
HOPWA Annual Progress Report.

IV. Program Requirements

(A) Performance Measures and Project Goals and Objectives

    You must use HUD's required performance measures that will show
your accomplishments in using HOPWA funds to expand the housing options
that benefit low-income persons with HIV/AIDS and their families. You
may also establish individual goals and objectives for your proposal.
They should be specific, achievable and measured within set time
periods. Your individual goals and objectives should result in possible
findings on the successes and lessons learned in undertaking your
activities that would be shared with other communities. In designing
your proposal, please use the following:
    (1) The required HOPWA performance goals. Your proposed activities
must:
    (a) Increase the amount of housing assistance and related
supportive services to low-income persons living with HIV/AIDS and
their families;
    (b) Enable them to achieve housing stability; and
    (c) Enable them to access health-care and supportive services.
    (2) Measurement of your performance. After each year of operation,
report on the number of short-term and permanent housing units that
were provided with HOPWA funding, in connection with related supportive
services. The following are examples of performance measurement:
    (a) In your community over the last year, a transitional housing
facility providing 5 units of housing was operated with HOPWA funds.
Residents also received drug and/or alcohol abuse treatment and
counseling by qualified staff. During that year, ten persons resided in
the facility and benefited from the intense on-site assistance, which
also included helping them develop and follow a plan to find permanent
housing and continue treatment after leaving the facility, including
monthly phone contacts or visits by staff; and
    (b) Over the last 12 months, a nonprofit organization distributed
tenant-based rental assistance vouchers to 15 households within your
three-county metropolitan area. The vouchers provided for on-going
housing assistance (up to three years) and the program advised the
clients on tenant-landlord issues and arranged for housing quality
standard inspections of

[[Page 9839]]

the apartments selected. A case manager who is funded under the Ryan
White CARE Act program, advised the tenants and helped them access
health-care and other services from providers in this community. During
this year, 22 persons received permanent housing assistance with HOPWA
funds and for three of these families who were unable to find housing
within 30 days, additional efforts were made and an appropriate
apartment was located and used.

(B) Performance Benchmarks

    Funds received under this competition are expected to be expended
within 3 years following the effective date of a grant agreement. If
you undertake the listed activities, you will be expected to meet the
following performance benchmarks:
    (1) If you acquire or lease a site, you are required to gain site
control within one year of their selection (i.e, one year from the date
of the signing of their selection letter by HUD);
    (2) If you propose to use HOPWA funds to undertake rehabilitation
or new construction activities, you are required to begin the
rehabilitation or construction within 18 months of your selection and
to complete that activity within 3 years from the date of your
selection letter by HUD; and
    (3) Except as noted in paragraph (2) for rehabilitation or
construction activities, you must begin to operate your program within
one year from your selection. If a selected project does not meet the
appropriate performance benchmark, HUD reserves the right to cancel or
withdraw the grant funds.

(C) Availability of FY 1999 Formula Allocations

    You are also encouraged to consider seeking funds for your proposed
activities under the formula component of the HOPWA program and from
other resources that are made available in communities. Ninety (90)
percent of the HOPWA program is allocated by formula and recipient
States and cities are required to consult with the public on designing
the use of these funds. In FY 1999, a total of $200.475 million was
allocated by formula to the qualifying cities for 63 eligible
metropolitan statistical areas (EMSAs) and to 34 eligible States for
areas outside of EMSAs. All HOPWA formula grants are available as part
of the jurisdiction's Consolidated Plan, which also includes the
Community Development Block Grant, HOME Investment Partnerships
program, and Emergency Shelter Grants. Plans are developed through a
public process that assesses area needs, creates a multiple-year
strategy and proposes an action plan for use of Federal funds and other
community resources in a coordinated and comprehensive manner.
Information on consolidated planning, including HOPWA formula programs
and descriptions of previously awarded competitive grants, is available
on the HUD HOME Page at www.hud.gov/cpd/cpdalloc.html.

(D) Availability of National HOPWA Technical Assistance

    If you are interested in providing technical assistance activities
with HOPWA funds, submit an application for funds under the Community
Development Technical Assistance part of this notice, which is
published elsewhere in this SuperNOFA. The CDTA notice provides up to
$2,250,000 in HOPWA funds to organizations for technical assistance
support on a national or regional basis.

V. Application Selection Process

(A) HOPWA Application Reviews

    HUD will review your HOPWA application to ensure that:
    (1) It meets the threshold requirements found in the General
Section of the SuperNOFA;
    (2) A Certification of Consistency with Consolidated Plans is
provided. Under the HOPWA program, proposed activities that are located
in a jurisdiction are required to be consistent with the jurisdiction's
current, approved Consolidated Plan, including the Analysis of
Impediments to Fair Housing and the Action Plan to address these
impediments, except that this certification is not required for
projects that propose to undertake activities on a national basis; and
    (3) You are currently in compliance with the Federal requirements
contained in 24 CFR part 574, subpart G, ``Other Federal
Requirements.''

(B) The HOPWA Competition

    This national competition will involve the review, rating, and
selection of HOPWA applications under each of the two categories of
assistance (Special Projects of National Significance (SPNS) and Long-
Term Comprehensive Strategies (Long-Term) in areas that do not qualify
for HOPWA formula allocations.

(C) Procedures for the Rating of Applications

    HUD will rate all HOPWA applications based on the criteria listed
below.

(D) Factors for Award Used to Evaluate and Rate Applications

    The factors for rating and ranking your application, and the
maximum points for each factor, are provided below. The points awarded
for the factors total 100. In addition, bonus points for projects in
high performing EZ/EC areas and by the City of Dallas may be available
under Section III(C)(2) of the General Section of this SuperNOFA apply
to this competition. After rating, all applications will be placed in
the rank order of their final score for selection within the
appropriate category of assistance.
Rating Factor 1: Capacity of the Applicant and Project Sponsors and
Relevant Organizational Experience (20 Points)
    This factor addresses the extent to which you and any project
sponsor has the organizational resources necessary to successfully
implement the proposed activities in a timely manner. HUD will award up
to 20 points based on your and any project sponsor's ability to develop
and operate the proposed program, such as housing development,
management of housing facilities or units, and service delivery, in
relation to which entity is carrying out an activity.
    (1) With regard to both you and any project sponsor(s), HUD will
consider:
    (a) Past experience and knowledge in serving persons with HIV/AIDS
and their families;
    (b) Past experience and knowledge in programs similar to those
proposed in your application;
    (c) Experience and knowledge in monitoring and evaluating program
performance and disseminating information on project outcomes; and
    (d) Past experience as measured by expenditures and measurable
progress in achieving the purpose for which funds were provided.
    (2) In reviewing the elements of paragraph (1), HUD will consider
the extent to which your proposal demonstrates:
    (a) The knowledge and experience of the proposed project director
and staff, including the day-to-day program manager, consultants and
contractors in planning and managing the kind of activities for which
you are requesting funds. You and any project sponsor will be judged in
terms of recent, relevant and successful experience of staff to
undertake eligible program activities, including experience and
knowledge in serving persons with HIV/AIDS and their families.
    (b) Your and/or the sponsor's experience in managing complex

[[Page 9840]]

interdisciplinary programs, especially those involving housing and
community development programs directly relevant to the work activities
proposed and carrying out grant management responsibilities.
    (c) If you and/or the sponsor received funding in previous years in
the program area for which you are currently seeking funding, you and
your sponsor's past experience will be evaluated in terms of their
ability to attain demonstrated measurable progress in the
implementation of their recent grant awards, as measured by
expenditures and measurable progress in achieving the purpose for which
funds were provided.
Rating Factor 2: Need/Extent of the Problem (20 Points)
    This factor addresses the extent to which there is a need for
funding the proposed program activities and an indication of the
urgency of meeting the need in the target area. For up to 15 points,
HUD will award points as follows under paragraphs (1) to (3), and 5
points under paragraph (4).
    (1) (5 Points) AIDS Cases. Up to five of these points will be
determined by the relative numbers of AIDS cases and per capita AIDS
incidence, in metropolitan areas of over 500,000 population and in
areas of a State outside of these metropolitan areas, in the State for
proposals involving state-wide activities, and in the nation for
proposals involving nation-wide activities. To determine these points,
HUD will obtain AIDS surveillance information from the Director of the
Centers for Disease Control and Prevention.
    (2) (5 Points) Description of Unmet Need. Up to five of these
points will be determined by the extent to which there is a need for
funding eligible activities in the area to be served. To receive the
highest ratings in this factor, you must demonstrate that substantial
housing and related service needs of low-income persons living with
HIV/AIDS and their families are not being met in the area and that
reliable statistics and data sources show this unmet need. To receive
the highest number of points, you also must show that your
jurisdiction's Consolidated Plan and Analysis of Impediments to Fair
Housing Choice, Continuum of Care Homeless Assistance plans (if
homeless persons are to be served), and comprehensive HIV/AIDS housing
plans are applicable and identify the level of the problem and the
urgency of the need. Urgent and unmet needs may be demonstrated, as
follows:
    (a) If you apply for a proposed Special Project of National
Significance, you must describe a need that is not currently addressed
by other projects or programs in the area; also describe any unresolved
or emerging issues, and the need to provide new or alternative forms of
assistance that, if provided, would enhance your area's programs for
housing and related care for persons living with HIV/AIDS and their
families; or
    (b) If you apply for a project that is part of a Long-Term
Comprehensive Strategy in an area that does not receive a HOPWA formula
allocation, you must describe the need that is not currently addressed
by other projects or programs in the area; you must also describe any
unresolved or emerging issues, and/or the need to provide forms of
assistance that enhance the community's strategy for providing housing
and related services to eligible persons.
    HUD will consider your presentation of statistics and data sources
based on soundness and reliability and the specificity of information
to the target population and the area to be served. If you propose to
serve a subpopulation of eligible persons on the basis that these
persons have been traditionally and are currently underserved (e.g.,
persons with multiple disabilities including AIDS), your application
must document the need for this targeted effort.
    (3) (5 Points) Need in Non-Formula Areas and Need for Renewals.
Within the points available under this criterion, HUD will award points
under the following two circumstances:
    (a) Five points will be awarded, if your SPNS application proposes
to serve clients in an area that does not qualify for HOPWA formula
allocation; or
    (b) Up to five points will be awarded, if you propose to continue
the operations of HOPWA funded activities that have been supported by
HOPWA competitive funds in prior years and that have operated with
reasonable success. To receive the highest ratings in this factor, you
must describe what unmet need would result if funding for the project
was not renewed and describe your efforts to secure other sources of
funding to continue this project. You must also show that you operated
with reasonable success and your previous HOPWA-funded activities have
been carried out and are nearing completion of the planned activities
in a timely manner. You must also show that timely performance reports
were provided and that benchmarks, if any, in program development and
operation have been met, and that the number of persons assisted is
comparable to the number that was planned at the time of application.
    (4) (5 Points) Highest Rated in a State or the Nation (for
nationwide activities). After the other rating factors have been
determined, HUD will award five of the points to help achieve greater
geographic diversity in funding activities within a variety of States.
Under this criterion, five points will be awarded to the highest rated
SPNS and Long-term applications in each State and to the highest rated
SPNS application among the applications that propose nationwide
activities.
Rating Factor 3: Soundness of Approach: Responsiveness and Model
Qualities (40 Points)
    This factor addresses the quality of your plan in addressing the
needs that you identified in your community. HUD will award up to 40
points based on the extent to which your plan evidences a sound
approach in its responsiveness to the persons that you will be
assisting and how it offers model qualities in providing supportive
housing opportunities for low-income persons living with HIV/AIDS and
their families, when compared to other applications and projects funded
under previous HOPWA competitions. The points will be awarded as
follows:
    A. Responsiveness (20 Points). HUD will award up to 20 points based
on how well your plan responds to the unmet needs that you described
under the Need Criterion. To receive the highest ratings in this
factor, you must demonstrate how the housing needs of clients will be
addressed and how on-going support for clients will be provided. For
example, if you propose to use more than 10% of your HOPWA funds for
supportive services, emergency or transitional housing activities, to
receive the highest number of rating points, you must address permanent
housing needs with HOPWA funds or other sources of funds. You can
fulfill this commitment by allocating housing vouchers for HOPWA
clients or building permanent housing. In addition, HUD will give
higher rating points to proposals that maximize client participation in
decision-making and allow clients and their families to access health
care and other supportive services.
    B. Model Qualities (20 Points). HUD will award up to 20 points
based on how well your service delivery model offers or expands housing
opportunities and related supportive services for low-income persons
living with HIV/AIDS and their families. To receive the highest rating,
your service delivery model must describe in sufficient detail

[[Page 9841]]

your planned actions, how it expands housing opportunities and how
activities could be replicated in other similar jurisdictions. To
receive the highest ratings in this element, you must offer a plan that
evidences the following:
    (i) Your project's goals and objectives. You must describe your
individual goals and objectives and how you will measure how well the
project is performing under the required HOPWA performance goal--
increasing the amount of housing assistance and related supportive
services to low-income persons living with HIV/AIDS and their families
to enable them to achieve housing stability and access to health-care
and supportive services.
    (ii) Your plans for accomplishing these goals and objectives. You
must describe the service delivery model that you intend to implement
and explain how you will integrate the following items:
    (a) Housing. You must demonstrate how the housing needs of clients
will be addressed by including: the type and number of units of housing
to be provided and/or made more appropriate if currently available in
the community; the connection of any emergency or transitional housing
in obtaining permanent housing; the roles and responsibilities of
project sponsors, staff, volunteers and other organizations in
undertaking these activities; any appropriate site features, including
accessibility and visitability; and how clients can have access to
other community amenities.
    (b) Supportive Services. You must describe how the supportive
service needs of clients will be addressed by including: the type of
supportive services that will be offered and/or how services will be
coordinated and available; the connection of these services to in
helping clients obtain and/or maintain housing; the roles and
responsibilities of project sponsors, staff, volunteers and other
organizations in undertaking these activities.
    (c) Operations. You must describe your outreach, intake, and
assessment procedures to identify clients and their needs; your client-
level service plan to help connect clients to available and identified
community resources; your assistance to clients who need to be
monitored and how you will adjust your program to meet their changing
needs; your methods for coordinating project sponsor's services, your
staff and volunteers, and any other organizations in order to benefit
clients; and the ability of your operations to remain viable and
sustaining.
    (d) Management Oversight. You must describe your oversight of
project sponsors, staff, volunteers and management of your activities
to ensure sound fiscal and program operations and effective program
delivery.
    (iii) Achieving Your Goals and Objectives. You should describe your
method for collecting data on the project outcomes; your method for
reviewing this data and other information on the program's operations;
and the basis for making relative adjustments based on outcomes and
lessons learned. HUD also will consider the extent to which you provide
for the dissemination of information on the success or lessons learned
from your proposed activities.
    (iv) Innovative Qualities. If you propose a new program, or an
alternative method of meeting the needs of your clients, you should
describe the innovative qualities of your activities. HUD will consider
the extent to which these qualities will benefit persons or expand our
knowledge in offering assistance to persons living with HIV/AIDS and
their families, when compared to other applications and HOPWA projects
funded in the past.
Rating Factor 4: Leveraging Resources (10 Points)
    This factor addresses your ability to secure community resources
which can be combined with HUD's program resources to achieve program
purposes. HUD will award up to 10 points based on the extent to which
resources from other public or private sources have been committed at
the time of application, to support your project. To achieve the
highest ratings in this criteria, you must evidence commitments of
leveraged resources that match or exceed the amount of HOPWA funds that
are requested. Exhibit 4 of the application kit provides guidance on
the appropriate language that you must use to document these leveraged
resources.
    In establishing leveraging, HUD will not consider other HOPWA-
funded activities, entitlement benefits inuring to eligible persons, or
conditioned commitments that depend on future fund-raising or actions.
In assessing the use of acceptable leveraged resources, HUD will
consider the likelihood that State and local resources will be
available and continue during the operating period of the grant. In
evaluating this factor HUD will also consider:
    (1) The extent to which the applicant documents leveraged
resources, such as funding and/or in-kind services from governmental
entities, private organizations, resident management organizations,
educational institutions, or other entities in order to achieve the
purposes of the project for which the applicant is requesting HOPWA
funds.
    (2) The extent to which the documented resources evidence that you
have partnered with other entities to make more effective use of
available public or private resources. Partnership arrangements may
include funding or in-kind services from local governments or
government agencies, nonprofit or for-profit entities, private
organizations, educational institutions, or other entities that are
willing to partner with you on proposed activities, or partnering with
other program funding recipients to make more effective use of
resources within the geographic area covered by your award.
Rating Factor 5: Comprehensiveness and Coordination (10 Points)
    This factor addresses the extent to which you coordinated the
specific proposal with other known organizations, consulted prospective
clients or persons with HIV/AIDS in designing the proposal,
participates or promotes participation in the jurisdiction's
Consolidated Planning process, and in a community's Continuum of Care
Homeless Assistance planning process (if homeless persons are to be
served by proposed activities), and is working towards addressing a
need in a holistic and comprehensive manner through linkages with other
activities in the community. HUD will award up to 10 points based on
your proposal's comprehensiveness and coordination. In order to ensure
that resources are used to their maximum effect within the community,
it is important that you be involved in HUD's planning processes for
community development and homeless assistance resources. If you, your
sponsors, or others partnering with you have been involved in these
processes, you should describe that involvement under this factor.
    HUD will consider the extent to which your activities were planned
and are proposed to be carried out with HOPWA funds and other resources
in order to provide a comprehensive and responsive range of housing and
related supportive services to meet the changing needs of persons with
HIV/AIDS. Your proposal should demonstrate that housing is provided in
conjunction with the client's access to health-care and other
supportive services in the area to be served, including assistance
provided under the Ryan White CARE Act programs.

[[Page 9842]]

    In evaluating this factor, HUD will consider the extent to which
you demonstrate you have:
    (1) Coordinated your proposed activities with those of other groups
or organizations prior to submission, to best complement, support, and
coordinate all known activities; and if funded, the specific steps you
will take to share information on solutions and outcomes with others.
You should describe any written agreements, memoranda of understanding
in place, or that will be in place after award.
    (2) Been actively involved in your community's Continuum of Care
Homeless Assistance planning process (if homeless persons are to be
served by proposed activities), and/or the jurisdiction's Consolidated
Planning process established to identify and address a need/problem
that is related to the activities you propose to undertake.
    In the case of technical assistance providers, you will be
evaluated on the specific steps you will take to work with recipients
of technical assistance services to inform them of, and get them
involved in, the community's Continuum of Care Homeless Assistance
planning process and/or the jurisdiction's Consolidated Planning
process, as applicable. HUD will review more favorably your application
if you can demonstrate you are active or are working with recipients of
technical assistance to get them involved in local and State planning
processes.
    (3) Developed linkages, or specific steps you will take to develop
linkages with other activities, programs or projects through meetings,
information networks, planning processes, or other mechanisms, to
coordinate your activities so solutions are holistic and comprehensive,
including linkages with:
    (a) Other HUD-funded projects/activities outside the scope of those
covered by the Consolidated Plan; and
    (b) Other activities funded by the Federal, State, or local
government, including those proposed or on-going in the community.
    (E) Selection of HOPWA Awards. Whether your HOPWA application is
conditionally selected will depend on your overall ranking compared to
other applications within each of the two categories of assistance. HUD
will select applications in rank order in each category of assistance
to the extent that funds are available, except as noted below. In
allocating amounts to the categories of assistance, HUD reserves the
right to ensure that sufficient funds are available for the selection
of at least one application with the highest ranking under each
category of assistance.
    HUD reserves the right to achieve greater diversity in the
selection of applications by selecting a lower rated application where
no applicant in a State has been the recipient of any prior HOPWA
competitive grant or formula allocation. In selecting a lower rated
application, HUD will not select an application that is rated below 50
points.
    In the event of a tie between applications in a category of
assistance, HUD reserves the right to break the tie: by selecting the
proposal that increases geographic diversity as defined in the prior
paragraph; and, if greater geographic diversity is not achievable, by
selecting the proposal that was scored higher on a rating criterion in
the following order: Soundness of Approach: Responsiveness and Model
Qualities (Rating Factor 3); Comprehensiveness and Coordination (Rating
Factor 5); the Capacity of the Applicant and Relevant Organizational
Experience (Rating Factor 1); the Need/Extent of the Problem (Rating
Factor 2); and Leveraging Resources (Rating Factor 4).
    HUD will notify you in writing if you are conditionally selected.
You may be notified subsequently of any modification made by HUD, the
additional project information necessary for grant award, and the date
of deadline for submission of the required information. In the event
that a conditionally-selected applicant is unable to meet any
conditions for fund award within the specified timeframe or funds are
deobligated under a grant awarded under this competition, HUD reserves
the right not to award funds to the applicant, but use those funds to
make awards to the next highest rated applications in this competition;
to restore amounts to a funding request that had been reduced in this
competition; or to add amounts to funds available for the next
competition.

VI. Application Submission Requirements

    The HOPWA application kit provides an application that must be used
in applying for program funds under this program section of the
SuperNOFA. The HOPWA application provides certifications and an SF-424
that are applicable to this program. HOPWA applicants are not required
to provide the forms, certifications, and assurances listed in Section
II(G) of the General Section of the SuperNOFA. Section II(D) of the
General Section of this SuperNOFA regarding Affirmatively Furthering
Fair Housing does not apply to the HOPWA program.
    The required HOPWA certifications cover the following items: (1)
fair housing and non-discrimination; (2) drug-free workplace; (3)
uniform relocation assistance; (4) environmental laws and authorities;
(5) anti-lobbying requirements; (6) continued use periods for
structures assisted; and (7) debarred, suspended and ineligible
principals requirements.
    Your HOPWA application must contain the following items:
    (A) Project Sponsors. You must identify any organization that will
receive HOPWA funds as a project sponsor and the amount of funds to be
received.
    (B) Narrative Statements. Your application must include narrative
statements that address each of the Factors for Award found at Section
III(D) of this program section of the SuperNOFA.
    (C) Service Areas. Your application must identify the area(s) in
which you are proposing to offer housing and other assistance.
    (D) Budget. You must propose a budget and use the form found in the
HOPWA Application Kit which lists the amount of HOPWA funds designated
for each type of HOPWA-eligible activity.

VII. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for
corrections to deficient applications.

VIII. Other Requirements

(A) Environmental Requirements

     Sec. 207(c) of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 1999
(Pub. L. 105-276, 112 Stat. 2461, approved October 22, 1998),
authorizes responsible entities (including units of general local
government, States, Indian tribes, and Alaska native villages) to
perform the environmental review for proposed HOPWA projects in
accordance with 24 CFR part 58. Under 24 CFR part 58, the recipient
must request the responsible entity, as defined in 24 CFR 58.2(a)(7),
to assume the environmental responsibilities for projects being funded
by a HOPWA grant.
    HOPWA recipients may not commit or expend any grant or nonfederal
funds on project activities (other than activities exempted under
Sec. 58.34 or excluded under Sec. 58.35(b)) until HUD has approved the
Recipient's request for the release of funds (RROF) under part

[[Page 9843]]

58. Where HUD determines, under 24 CFR 58.11, that it will perform an
environmental review for a particular project in accordance with 24 CFR
part 50, the HOPWA recipient may not acquire, rehabilitate, convert,
lease, repair or construct property or commit or expend any grant or
nonfederal funds for these program activities until HUD provides
written notice to the recipient that HUD has completed the
environmental review. The expenditure or commitment of HOPWA or
nonfederal funds prior to the HUD approval of the RROF (or prior to
completion of a HUD environmental review) may result in denial of
assistance for the project under consideration.

(B) Local Resident Employment

    For grants in excess of $200,000, to the extent that any housing
assistance funded through this program section of the SuperNOFA is used
for housing rehabilitation (including reduction and abatement of lead-
based paint hazards, but excluding routine maintenance, repair, and
replacement) or housing construction, then it is subject to section 3
of the Housing and Urban Rehabilitation Act of 1968, and the
implementing regulations at 24 CFR part 135. Section 3 requires that
economic opportunities generated by certain HUD financial assistance
for housing and community development programs shall, to the greatest
extent feasible, be given to low- and very low-income persons,
particularly those who are recipients of government assistance for
housing, and to businesses that provide economic opportunities for
these persons.

IX. Authority

    This program is authorized under the AIDS Housing Opportunity Act
(42 U.S.C. 12901). The regulations for HOPWA are found at 24 CFR part
574.

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[[Page 9847]]

Funding Availability for Section 202 Supportive Housing for the
Elderly Program

Program Overview

    Purpose of the Program. This program provides supportive housing
for very low-income persons 62 years of age or older.
    Available Funds. Approximately $434,870,779.
    Eligible Applicants. Private nonprofit organizations and nonprofit
consumer cooperatives.
    Application Deadline. May 27, 1999.
    Match Requirements. No.

Additional Information

    If you are interested in applying for funding under this program,
please review carefully the General Section of this SuperNOFA and the
following additional information.

I. Application Due Date, Application Kits, Further Information, and
Technical Assistance

    Application Due Date. Submit your completed applications on or
before 6:00 pm, local time on May 27, 1999 at the address shown below.
    See the General Section of this SuperNOFA for specific procedures
governing the form of application submission (e.g., mailed
applications, express mail, overnight delivery, or hand carried).
    Address for Submitting Applications. Submit your completed
application (an original and four copies) to the Director of the
appropriate Multifamily Hub Office or Multifamily Program Center as
listed in Appendix A to the Section 811 program section of this
SuperNOFA.
    The application kit also includes a listing of the Multifamily Hubs
and Program Centers, their addresses, and telephone numbers, including
TTY numbers. This information is also available from HUD's SuperNOFA
Information Center at 1-800-HUD-8929 and from the Internet through the
HUD web site at http://www.hud.gov.
    For Application Kits. For an application kit and any supplemental
information, please call HUD's SuperNOFA Information Center at 1-800-
HUD-8929. Persons with hearing or speech impairments may call the
Center's TTY number at 1-800-483-2209. When requesting an application
kit, please refer to the Section 202 Program and provide your name,
address (including zip code), and telephone number (including area
code). The application kit also will be available on the Internet
through the HUD web site at http://www.hud.gov and from the appropriate
Multifamily Hub or Multifamily Program Center.
    For Further Information and Technical Assistance. For further
information and technical assistance, please contact the appropriate
Multifamily Hub Office or Multifamily Program Center, or Aretha
Williams at HUD Headquarters at (202) 708-2866, or access the Internet
at http://www.hud.gov. HUD encourages minority organizations to
participate in this program and strongly recommends that prospective
applicants attend the local HUD Office workshop. At the workshops, HUD
will explain application procedures and requirements as well as address
concerns such as local market conditions, building codes and
accessibility requirements, historic preservation, floodplain
management, displacement and relocation, zoning, and housing costs. If
you are interested in attending the workshop, make sure that your name
is on the appropriate HUD Office's mailing list so that you will be
informed of the date, time and place of the workshop. Persons with
disabilities should call the appropriate HUD Office to ensure that any
necessary arrangements can be made to enable your attendance and
participation in the workshop.
    If you cannot attend the workshop, call the appropriate HUD Office
if you have any questions concerning the submission of applications to
that particular office and to request any materials distributed at the
workshop.

II. Amount Allocated

    Approximately, $434,870,779 is available for the supportive housing
for the elderly program. The FY 1999 HUD Appropriations Act
(Appropriations Act) provides $660,000,000 for capital advances,
including amendments to capital advance contracts, for supportive
housing for the elderly as authorized by section 202 of the Housing Act
of 1959 (as amended by the National Affordable Housing Act and the
Housing and Community Development Act of 1992), and for project rental
assistance, and amendments to contracts for project rental assistance,
for supportive housing for the elderly under section 202(c)(2) of the
Housing Act of 1959, as amended.
    In accordance with the waiver authority provided in the
Appropriations Act, the Secretary is waiving the following statutory
and regulatory provision: the term of the project rental assistance
contract is reduced from 20 years to 5 years. HUD anticipates that at
the end of the contract terms, renewals will be approved subject to the
availability of funds. In addition to this provision, HUD 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.
    The allocation formula used for Section 202 reflects the ``relevant
characteristics of prospective program participants,'' as specified in
24 CFR 791.402(a). The FY 1999 formula consists of one data element: a
measure of the number of one and two person renter households with
incomes at or below HUD's Very-low Income Limit (50 percent of area
median family income, as determined by HUD, with an adjustment for
household size), which have housing deficiencies. The counts of elderly
renter households with housing deficiencies were taken from a special
tabulation of the 1990 Decennial Census. The formula focuses the
allocation on targeting the funds based on the unmet needs of elderly
renter households with housing problems.
    Under Section 202, 85 percent of the total capital advance amount
is allocated to metropolitan areas and 15 percent to nonmetropolitan
areas. In addition, each HUD Office jurisdiction receives sufficient
capital advance funds for a minimum of 20 units in metropolitan areas
and 5 units in nonmetropolitan areas. The total amount of capital
advance funds to support these minimum set-asides are subtracted from
the respective (metropolitan or nonmetropolitan) total capital advance
amounts available. The remainder is fair shared to each HUD Office
jurisdiction whose fair share exceeds the minimum set-aside based on
the allocation formula fair share factors described below. NOTE: The
allocations for metropolitan and nonmetropolitan portions of the
Multifamily Hub or Program Center jurisdictions reflect the most
current definitions of metropolitan and nonmetropolitan areas, as
defined by the Office of Management and Budget.
    A fair share factor is developed for each metropolitan and
nonmetropolitan portion of each local HUD Office jurisdiction by
dividing the number of renter households for the jurisdiction by the
total number of rental households in the United States. The resulting
percentage for each local HUD Office jurisdiction is then adjusted to
reflect the relative cost of providing housing among the HUD Office
jurisdictions. The adjusted needs percentage for the applicable
metropolitan or nonmetropolitan portion of each jurisdiction is then
multiplied by the respective total remaining capital advance funds available nationwide.
    Based on the allocation formula, HUD has allocated the available
capital advance funds as shown on the following chart:

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[[Page 9853]]

III. Program Description; Eligible Applicants; Eligible Activities

(A) Program Description

    HUD provides capital advances and contracts for project rental
assistance in accordance with 24 CFR part 891. Capital Advances may be
used for the construction or rehabilitation of a structure, or
acquisition of a structure from the Federal Deposit Insurance
Corporation (formerly held by the Resolution Trust Corporation) (FDIC/
RTC). Capital Advance funds bear no interest and are based on
development cost limits published in this SuperNOFA. Repayment of the
capital advance is not required as long as the housing remains
available for occupancy by very low-income elderly persons for at least
40 years.
    Project rental assistance contract (PRAC) funds are used to cover
the difference between what the residents pay for rent and the HUD-
approved expense to operate the project. Project Rental Assistance
Contract funds may also be used to provide supportive services and to
hire a service coordinator in those projects serving the frail elderly
residents. The supportive services must be appropriate to the category
or categories of frail elderly residents to be served.

(B) Eligible Applicants

    Private nonprofit organizations and nonprofit consumer cooperatives
are the only eligible applicants under this Section 202 Program.
Neither a public body nor an instrumentality of a public body is
eligible to participate in the program.
    A Sponsor or Co-sponsor may not apply for more than 200 units of
housing for the elderly in a single Hub or more than 10 percent of the
total units allocated to all HUD Offices. Also, no single application
may propose more than the number of units allocated to a HUD office or
125 units, whichever is less. Reservations for projects will not be
approved for fewer than 5 units. Affiliated entities that submit
separate applications are considered to be a single entity for the
purpose of these limits.

(C) Eligible Activities

    Section 202 capital advance funds must be used to finance the
development of housing through new construction, rehabilitation, or
acquisition of housing from the FDIC/Resolution Trust Corporation.
Project Rental Assistance funds are provided to cover the difference
between the HUD-approved operating costs and the amount the residents
pay (each resident pays 30 percent of adjusted income) as well as to
provide supportive services to frail elderly residents. In projects
principally serving the frail elderly, eligible costs include the
salary of a service coordinator.

(D) Ineligible Activities

    Section 202 funds may not be used for nursing homes, infirmaries,
medical facilities, mobile home projects, community centers,
headquarters for organizations for the elderly, nonhousekeeping
accommodations, or refinancing of sponsor-owned facilities without
rehabilitation.

IV. Program Requirements

    In addition to the program requirements listed in the General
Section of this SuperNOFA, as an applicant, you must comply with the
following requirements:
    (A) Statutory and Regulatory Requirements. You must comply with all
Section 202 Program statutory and regulatory requirements, as listed in
Sections III(A) and IX of this program section of the SuperNOFA.
    (B) HUD/RHS Agreement. HUD and the Rural Housing Service (RHS) have
an agreement to coordinate the administration of the agencies'
respective rental assistance programs. As a result, HUD is required to
notify RHS of applications for housing assistance it receives. This
notification gives RHS the opportunity to comment if it has concerns
about the demand for additional assisted housing and possible harm to
existing projects in the same housing market area. HUD will consider
RHS' comments in its review and application selection process.
    (C) Development Cost Limits. (1) The following development cost
limits, adjusted by locality as described in Section IV(C)(2) of this
program section of the SuperNOFA, below, will be used to determine the
capital advance amount to be reserved for projects for the elderly:
    (a) 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 you must pay for) may not exceed:
Nonelevator Structures
    $33,638 per family unit without a bedroom;
    $38,785 per family unit with one bedroom;
    $46,775 per family unit with two bedrooms;
For Elevator Structures
    $35,400 per family unit without a bedroom;
    $40,579 per family unit with one bedroom;
    $49,344 per family unit with two bedrooms.
    (b) These cost limits reflect those costs reasonable and necessary
to develop a project of modest design that complies with HUD minimum
property standards; the accessibility requirements of Sec. 891.120(b);
and the project design and cost standards of Sec. 891.120 and
Sec. 891.210.
    (2) Increased development cost limits.
    (a) HUD may increase the development cost limits set forth in
Section IV(C)(1) of this program section of the SuperNOFA, 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. This increase may include covering additional
costs to make dwelling units accessible through rehabilitation.
    (b) If HUD finds that high construction costs in Alaska, Guam, the
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 Section
IV(C)(1) of this program section of the SuperNOFA, above, the amount of
the 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.
    (D) Minimum Capital Investment. Selected nonprofit organizations
must provide a minimum capital investment of one-half of one percent of
the HUD-approved capital advance amount, not to exceed $10,000. If you,
as Sponsor or Co-Sponsor, have one or more Section 202 or one or more
Section 811 project(s) under reservation, construction, or management
in two or more different HUD geographical regions, the minimum capital
investment shall be one half of one percent of the HUD-approved capital
advance amount, not to exceed $25,000.
    (E) Economic Opportunities for Low and Very Low-Income Persons
(Section 3). You must comply with section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for
Low and Very Low Income Persons), and its implementing regulations at
24 CFR part 135. You must ensure that training, employment

[[Page 9854]]

and other economic opportunities shall, to the greatest extent
feasible, be directed toward low- and very low-income persons,
particularly those who are recipients of government assistance for
housing and to business concerns which provide economic opportunities
to low and very low income persons.

V. Application Selection Process

(A) Review for Curable Deficiencies

    HUD will screen all applications received by the deadline for
curable deficiencies. A curable deficiency is a missing Exhibit or
portion of an Exhibit that will not affect the rating of the
application. The following is a list of the deficiencies that will be
considered curable in a Section 202 application:
Exhibits
(1)
    *Form 92015-CA (Application Form)
(2)
    *(a) Articles of Incorporation
    *(b) By-laws
    *(c) IRS tax exemption ruling
(4)
    (c)(ii) Energy efficiency
    *(d)(i) Evidence of site control
    (d)(vi) SHPO letter
(5)
    Applications submitted to other Offices
(6)
    Relocation
(7)
    *(a) Standard Form 424
    (b) Drug-free Workplace
    (c) Form-HUD 50071 and Standard Form-LLL
    (d) Form-HUD 2880
    (e) Form-HUD 2992
    (f) Executive Order 12372
    (g) Form-HUD 2991, Certification of Consistency with Consolidated
Plan
    (h) Conflict of Interest Resolution
    *(i) Resolution for Commitment to Project
    (k) Combined Certifications
    The HUD Office will notify you in writing if your application is
missing any of the exhibits or portions of exhibits and you will be
given 14 days from the date of the HUD notification to submit the
information required to cure the noted deficiencies. The items
identified by an asterisk (*) must be dated on or before the
application deadline date.

(B) Rating

    HUD will review and rate your application in accordance with the
Application Selection Process in the General Section of this SuperNOFA
with the following exception. HUD will not reject your application
based on technical review without notifying you of that rejection with
all the reasons for rejection, and providing you an opportunity to
appeal. You will have 14 calendar days from the date of HUD's written
notice to appeal a technical rejection to the HUD office. The HUD
office will make a determination on an appeal before making its
selection recommendations. All applications will be either rated or
technically rejected at the end of technical review. If your
application meets all program eligibility requirements after completion
of technical review, it will be rated according to the rating factors
in Section V(D) of this Section 202 Program section of the SuperNOFA.

(C) Ranking and Selection Procedures

    Applications submitted in response to the advertised metropolitan
allocations or nonmetropolitan allocations that have a total base score
(without the addition of EC/EZ bonus points) of 60 points or more and
meet all of the applicable threshold requirements of Section II(B) of
the General Section of the SuperNOFA will be eligible for selection,
and HUD will place them in rank order per metropolitan or
nonmetropolitan allocation. These applications, after adding any bonus
points for EC/EZ, will be selected based on rank order, up to and
including the last application that can be funded out of each HUD
office's metropolitan or nonmetropolitan allocation. HUD offices must
not skip over any applications in order to select one based on the
funds remaining. After making the initial selections in each allocation
area, however, HUD may use any residual funds to select the next rank-
ordered application by reducing the number of units by no more than 10
percent, rounded to the nearest whole number, provided the reduction
will not render the project infeasible. For this purpose, however, HUD
will not reduce the number of units in projects of five units or less.
    Once this process has been completed, HUD offices may combine their
unused metropolitan and nonmetropolitan funds in order to select the
next ranked application in either category, using the unit reduction
policy described above, if necessary.
    After the offices have funded all possible projects based on the
process above, combined metropolitan and nonmetropolitan residual funds
from all HUD Offices in each Multifamily Hub will be combined. These
funds will be used first to restore units to projects reduced by HUD
offices based on the above instructions. Second, additional
applications within each Multifamily Hub will be selected in rank order
with only one application selected per HUD Office. More than one
application may be selected per HUD Office if there are no approvable
applications in other HUD Offices within the Multifamily Hub. This
process will continue until there are no more approvable applications
within the Multifamily Hub that can be selected with the remaining
funds without skipping over any application. HUD may use any remaining
residual funds, however, to select the next rank-ordered application by
reducing the number of units by no more than 10 percent rounded to the
nearest whole number, provided the reduction will not render the
project infeasible or result in the project being less than five units.
    Funds remaining after these processes are completed will be
returned to Headquarters. HUD will use these residual funds first to
fund American Indian Council, in the jurisdiction of the Milwaukee
Multifamily Program Center, a FY 1994 application which was not funded
due to litigation. Second, HUD will use these funds to restore units to
projects reduced by HUD offices as a result of the instructions for
using their residual funds. Third, HUD will use these funds for
selecting applications based on field offices' rankings beginning with
the highest rated application nationwide. Only one application will be
selected per HUD office from the national residual amount (excluding
the Milwaukee Multifamily Program Center, already funded). If there are
no approvable applications in other HUD offices, the process will begin
with the selection of the next highest rated application nationwide.
This process will continue until all approvable applications are
selected using the available remaining funds.

(D) Factors For Award Used To Evaluate and Rate Applications

    HUD will rate applications that successfully complete technical
processing using the Rating Factors set forth below and in accordance
with the application submission requirements identified in Section
VI(B) below. The maximum number of points an application may receive
under this program is 102. This includes two EZ/EC bonus points, as
described in the General Section of the SuperNOFA.
Rating Factor 1: Capacity of the Applicant and Relevant Organizational
Staff (25 Points)
    This factor addresses the extent to which you have the
organizational resources to successfully implement the proposed
activities in a timely manner.

[[Page 9855]]

Submit information responding to this factor in accordance with
Application Submission Requirements in paragraphs (B)(2), (B)(3)(a),
(B)(3)(b), and (B)(3)(e) of Section VI of this program section of the
SuperNOFA.
    In rating this factor, HUD will consider the extent to which your
application demonstrates your ability to develop and operate the
proposed housing on a long-term basis, considering the following:
    (1) (15 points) The scope, extent, and quality of your 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 your demonstrated development and management capacity
as well as your financial management capability; and
    (2) (10 points) The scope, extent, and quality of your experience
in providing housing or related services to minority persons or
families. For purposes of this program section of the SuperNOFA,
``minority'' means the basic racial and ethnic categories for Federal
statistics and administrative reporting, as defined in OMB's
Statistical and Policy Directive No. 15. (See 62 FR 58782, October 30,
1997.);
Rating Factor 2: Need/Extent of the Problem (15 Points)
    This factor addresses the extent to which there is a need for
funding the proposed activities to address a documented problem in the
target area. Submit information responding to this factor in accordance
with Application Submission Requirements in paragraphs (B)(4)(a) and
(B)(4)(b) of Section VI of this program section of the SuperNOFA. In
evaluating this factor, HUD will consider:
    The extent of the need for the project in the area based on a
determination by the HUD Office. In making this determination, HUD will
consider your evidence of need in the area, as well as other economic,
demographic, and housing market data available to the HUD office. The
data could include information on the number of existing Federally
assisted housing units (HUD and RHS) for the elderly in the area and
current occupancy in such facilities; Federally assisted housing for
the elderly under construction or for which fund reservations have been
issued; and in accordance with an agreement between HUD and the RHS,
comments from the RHS on the demand for additional assisted housing and
the possible harm to existing projects in the same housing market area.
The Department will also review more favorably those applications which
establish a connection between the proposed project and the community's
Analysis of Impediments to Fair Housing Choice (AI) or other planning
document that analyzes fair housing issues and is prepared by a local
planning or similar organization. You must show how the proposed
project will address an impediment to fair housing choice described in
the AI or meet a need identified in the other type of planning
document.
Rating Factor 3: Soundness of Approach (40 Points)
    This factor addresses the quality and effectiveness of your
proposal. There must be a clear relationship between the proposed
activities, the community's needs and purposes of the program funding
for your application to receive points for this factor. Submit
information responding to this factor in accordance with Application
Submission Requirements in paragraphs (B)(4)(c), (B)(4)(d) and
(B)(4)(e) of Section VI of this program section of the SuperNOFA. In
evaluating this factor, HUD will consider the following:
    (1) (15 points) 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;
freedom of the site from adverse environmental conditions; compliance
with site and neighborhood standards (24 CFR 891.125);
    (2) (10 points) The suitability of the site from the standpoints of
promoting a greater choice of housing opportunities for minority
elderly persons/families, and affirmatively furthering fair housing. In
reviewing this criterion, HUD will assess whether the site meets the
site and neighborhood standards at 24 CFR 891.125(b) and (c) by
examining relevant data in your application or in the HUD Office. Where
appropriate, HUD may visit the site. The site will be deemed acceptable
if it increases housing choice and opportunity by (a) expanding housing
opportunities in non-minority neighborhoods (if located in such a
neighborhood); or (b) contributing to the revitalization of and
reinvestment in minority neighborhoods, including improvement of the
level, quality and affordability of services furnished to minority
elderly;
    (3) (3 points) The extent to which the proposed design will meet
the special physical needs of elderly persons;
    (4) (3 points) The extent to which the proposed size and unit mix
of the housing will enable you to manage and operate the housing
efficiently and ensure that the provision of supportive services will
be accomplished in an economical fashion;
    (5) (3 points) The extent to which the proposed design of the
housing will accommodate the provision of supportive services that are
expected to be needed, initially and over the useful life of the
housing, by the category or categories of elderly persons the housing
is intended to serve;
    (6) (3 points) The extent to which the proposed supportive services
meet the identified needs of the anticipated residents; and
    (7) (3 points) The extent to which you demonstrate that the
identified supportive services will be provided on a consistent, long-
term basis.
Rating Factor 4: Leveraging Resources (10 Points)
    This factor addresses your ability to secure other community
resources which can be combined with HUD's program resources to achieve
program purposes. Submit information responding to this factor in
accordance with Application Submission Requirements in paragraphs
(B)(3)(c) and (B)(3)(d) of Section VI of this program section of the
SuperNOFA.
    (1) (5 points) The extent of local government support (including
financial assistance, donation of land, provision of services, etc.)
for the project; and
    (2) (5 points) The extent of your activities in the community,
including previous experience in serving the area where the project is
to be located, and your demonstrated ability to enlist volunteers and
raise local funds.
Rating Factor 5: Comprehensiveness and Coordination (10 Points)
    This factor addresses the extent to which you coordinated your
activities with other known organizations, participate or promote
participation in a community's Consolidated Planning process, and are
working toward addressing a need in a holistic and comprehensive manner
through linkages with other activities in the community. Submit
information responding to this factor in accordance with Application
Submission Requirements in paragraphs (B)(3)(f), (B)(3)(g), (B)(3)(h)
and (B)(3)(i) of Section VI of this program section of the SuperNOFA.
    (1) (4 points) Your involvement of elderly persons, particularly
minority elderly persons, in the development of the application, and
your intent to

[[Page 9856]]

involve elderly persons, particularly minority elderly persons, in the
development and operation of the project;
    (2) (2 points) The extent to which you coordinated your application
with other organizations to complement and/or support the proposed
project;
    (3) (2 points) The extent to which you demonstrated that you have
been actively involved, or if not currently active, the steps you will
take to become actively involved in your community's Consolidated
Planning process to identify and address a need/problem that is related
in whole or part, directly or indirectly to the proposed project;
    (4) (2 points) The extent to which you developed or plan to develop
linkages with other activities, programs or projects related to the
proposed project to coordinate your activities so solutions are
holistic and comprehensive; and
Bonus Points
    (2 bonus points) Location of proposed site in an EZ/EC area, as
described in the General Section of this SuperNOFA. Submit the
information responding to the bonus points in accordance with the
Application Submission Requirements in paragraph (B)(7)(j) of Section
VI of this program section of the SuperNOFA.

VI. Application Submission Requirements

(A) Application

    Your application must include all of the information, materials,
forms, and exhibits listed in Section VI(B) (unless you were selected
for a Section 202 fund reservation within the last three funding
cycles). If you qualify for this exception, you are not required to
submit the information described in Sections VI(B)(2) (a), (b), and (c)
of this program section of the SuperNOFA (Exhibits 2.a., b., and c. of
the application kit), 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 your previous HUD approval, you must submit the updated
information in your application. HUD offices will verify your
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, you will be able to submit information and exhibits you
have previously prepared for prior applications under Section 202,
Section 811, 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, your experience in provision
of housing and services, supportive services plan, community ties, and
experience serving minorities.

(B) General Application Requirements

    (1) Form HUD-92015-CA, Application for Section 202 Supportive
Housing Capital Advance.
    (2) Evidence of your and each Co-Sponsor's legal status as a
private nonprofit organization or nonprofit consumer cooperative,
including the following:
    (a) Articles of Incorporation, constitution, or other
organizational documents;
    (b) By-laws;
    (c) IRS tax exemption ruling (this must be submitted by you and
each Co-Sponsor, including churches). A consumer cooperative that is
tax exempt under State law, has never been liable for payment of
Federal income taxes, and does not pay patronage dividends may be
exempt from the requirement set out in the previous sentence if it is
not eligible for tax exemption.

    Note: If you received a Section 202 Fund Reservation within the
last Three Funding Cycles, you are not required to submit the
documents described in paragraphs (a), (b), and (c), above. Instead,
you must submit the project number of the latest application
selected 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.

    (3) A description of your purpose, community ties, and experience,
including the following:
    (a) A description of your purpose, current activities and how long
you have been in existence;
    (b) A description of your ties to the community at large and to the
minority and elderly communities in particular;
    (c) A description of local government support for the project
(including financial assistance, donation of land, provision of
services, etc.);
    (d) Letters of support for your organization and for the proposed
project from organizations familiar with the housing and supportive
services needs of the elderly that you expect to serve in the proposed
project;
    (e) A description of your housing and/or supportive services
experience. The description should include any rental housing projects
and/or supportive services facilities that you have sponsored, owned,
and/or operated; your past or current involvement in any programs other
than housing that demonstrates your management capabilities (including
financial management) and experience; your experience in serving the
elderly, including elderly persons with disabilities, and/or families
and minorities; and the reasons for receiving any increases in fund
reservations for developing and/or operating previously funded Section
202 or Section 811 projects. The description should include data on the
facilities and services provided, the racial/ethnic composition of the
populations served, if available, and information and testimonials from
residents or community leaders on the quality of the activities.
Examples of activities that could be described include housing
counseling, nutrition and food services, special housing referral,
screening and information projects.
    (f) A description, if applicable, of your efforts to involve
elderly persons, including minority elderly persons, in the development
of the application, as well as your intent to involve elderly persons
in the development and operation of the project.
    (g) A description of the steps you took to identify and coordinate
your application with other organizations to complement and/or support
the proposed project as well as the steps you will take, if funded, to
share information on solutions and outcomes relative to the development
of the proposed project.
    (h) A description of your involvement in your community's
Consolidated Planning process including:
    (i) An identification of the lead/facilitating agency that
organizes/administers the process;
    (ii) An identification of the Consolidated Plan issue areas in
which you participate;
    (iii) Your level of participation in the process, including active
involvement with any neighborhood-based organizations, associations, or
any committees that support programs and activities that enhance
projects or the lives of residents of the projects, such as the one
proposed in your application.
    If you are not currently active, describe the specific steps you
will take to become active in the Consolidated Planning process.
(Consult the local HUD Office for the identification of the
Consolidated Plan community process for the appropriate area.)
    (i) A description of the linkages that you have developed or plan
to develop with other related activities, programs or projects in order
that the development of the project provides a

[[Page 9857]]

comprehensive and holistic solution to the needs of the target
population.
    (4) Project information, including the following:
    (a) Evidence of need for supportive housing. Such evidence would
include a description of the category or categories of elderly persons
the housing is intended to serve and evidence demonstrating sustained
effective demand for supportive housing for that population in the
market area to be served, taking into consideration the occupancy and
vacancy conditions in existing Federally assisted housing for the
elderly (HUD and RHS; e.g., public housing); State or local data on the
limitations in activities of daily living among the elderly in the
area; aging in place in existing assisted rentals; trends in
demographic changes in elderly population and households; the numbers
of income eligible elderly households by size, tenure, and housing
condition; 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 or agencies on aging. Also, a
description of how information in the community's Analysis of
Impediments to Fair Housing Choice was used in documenting the need for
the project.
    (b) A description of how the proposed project will benefit the
target population and the community in which it will be located.
    (c) A description of the project, including the following:
    (i) A narrative description of the building design, including a
description of the number of units with bedroom distributions, any
special design features, amenities, and/or community space, and how
this design will facilitate the delivery of services in an economical
fashion and accommodate the changing needs of the residents over the
next 10-20 years. NOTE: If these community spaces, amenities, or
features would not comply with the project design and cost standards of
24 CFR 891.120 and the special project standards of 24 CFR 891.210, you
must state your ability and willingness to contribute both the
incremental development cost and continuing operating cost associated
with the community spaces, amenities, or features;
    (ii) A 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.
    (d) Evidence of site control and permissive zoning, including the
following:
    (i) Acceptable evidence of site control is limited to any one of
the following:
    (1) Deed or long-term leasehold which evidences that you have title
to or a leasehold interest in the site. If a leasehold, the term of the
lease must be at least 50 years;
    (2) Contract of sale for the site which is free of any limitations
affecting ability to deliver ownership to you after you receive and
accept a notice of Section 202 capital advance. The only condition for
closing on the sale can be your receipt and acceptance of the capital
advance;
    (3) Option to purchase or for a long-term leasehold which must
remain in effect for one year from the date on which the applications
are due. The option agreement may consist of a single one year term or
may include one or more rights to renew up to one year solely at your
discretion. The only condition on which the option may be terminated is
if you are not awarded a fund reservation.
    (4) If the site is covered by a mortgage under a HUD program, you
must submit evidence that consent to release of the site from the
mortgage has been obtained or is being requested.
    (5) For sites to be acquired from a public body, evidence is needed
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 you
after you receive and accept a notice of Section 202 capital advance.
Where HUD determines that 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 that conveyance or leasing of the
site is acceptable and only contingent on the necessary approval
action. In its review of such cases, HUD will consider whether it has
had satisfactory experience with timely conveyance of sites from that
public body.
    Whether you have title to the site, a contract of sale, an option
to purchase, or are acquiring the site from a public body, you must
provide evidence (a title policy or other acceptable evidence) that the
site is free of any limitations, restrictions, or reverters which could
adversely affect the use of the site for the proposed project for the
40-year capital advance period under HUD's regulations and requirements
(e.g., reversion to seller if title is transferred). Mortgages are not
considered to be limitations or restrictions that would adversely
affect the use of the site. If the site is subject to any such
limitations, restrictions, or reverters the application will be
rejected.

    Note: A proposed project site may not be acquired or optioned
from a general contractor (or its affiliate) that will construct the
Section 202 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 your belief that the proposed action will be completed
successfully before the submission of the firm commitment application
(e.g., a summary of the results of any requests for rezoning and/or the
procedures for obtaining special or conditional use permits on land in
similar zoning classifications and the time required for such rezoning,
or preliminary indications of acceptability from zoning bodies, etc.);
    (iii) A narrative topographical and demographic description of the
suitability of the site and area, and how the site will promote greater
housing opportunities for minority elderly and elderly persons with
disabilities, thereby affirmatively furthering fair housing; (NOTE: You
can best demonstrate your commitment to affirmatively furthering fair
housing by describing how your proposed activities will assist the
jurisdiction in overcoming impediments to fair housing choice
identified in the applicable jurisdictions's Analysis of Impediments to
Fair Housing Choice (AI), which is a component of the jurisdiction's
Consolidated Plan, or any other planning document that addresses fair
housing issues. The applicable Consolidated Plan and AI may be the
Community's, the County's, or the State's, to which input should have
been provided by local community organizations, agencies in the
community, and residents of the community. Alternatively, a document
that addresses fair housing issues and remedies to barriers to fair
housing in the community that was previously prepared by a local
planning, or similar organization, may be used. Applicable impediments
could include the need for improved housing quality and services for
elderly minority families, lack of affirmative marketing and outreach
to minority elderly persons, and the need for quality eldercare
services within areas of minority concentration when

[[Page 9858]]

compared with the type and quality of similar services and housing in
nonminority areas.
    (iv) A map showing the location of the site and the racial
composition of the neighborhood, with the area of racial concentration
delineated;
    (v) A Phase I Environmental Site Assessment, in accordance with the
American Society for Testing and Material (ASTM) Standards E 1527-93,
as amended. The Phase I study must be completed and submitted with the
application. Therefore, it is important that you start the site
assessment process as soon after publication of this SuperNOFA as
possible.
    If the Phase I study indicates the possible presence of
contamination and/or hazards, you must decide whether to continue with
this site or choose another site. Should you choose another site, the
same environmental site assessment procedure identified above must be
followed for that site. NOTE: For properties to be acquired from the
FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction Screen
Checklist or Phase I Environmental Site Assessment, and applicable
documentation, per the FDIC/RTC Environmental Guidelines.
    If you choose to continue with the original site on which the Phase
I study indicated contamination or hazards, you must undertake a
detailed Phase II Environmental Site Assessment by an appropriate
professional. 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 1999 funding competition, you must
submit this information to the local HUD office on or before June 28,
1999.

    Note: This could be an expensive undertaking. You must pay for
the cost of any clean-up and/or remediation.

    (vi) A letter from the State Historic Preservation Officer (SHPO)
indicating whether the proposed site has any historical significance.
If you cannot obtain a letter from the SHPO due to the SHPO not
responding to your request or the SHPO responding that it cannot or
will not comply with the requirement, you must submit the following:
(1) a letter indicating that you attempted to get the required letter
from the SHPO but that the SHPO either had not responded to your
request or would not honor or recognize your request; (2) a copy of
your letter to the SHPO requesting the required letter; and, (3) a copy
of the SHPO's response, if available.
    (e) Provision of supportive services and proposed facility:
    (i) A detailed description of the supportive services proposed to
be provided to the anticipated occupancy;
    (ii) A description of public or private sources of assistance that
reasonably could be expected to fund the proposed services;
    (iii) The manner in which such services will be provided to such
persons (i.e., on or off-site), including whether a service coordinator
will facilitate the adequate provision of such services, and how the
services will meet the identified needs of the residents. NOTE: You may
not require residents, as a condition of occupancy, to accept any
supportive service.
    (5) A list of the applications, if any, that you have submitted or
are planning to submit to any other HUD office in response to this
announcement of Section 202 Program funding availability or the
announcement of Section 811 Program (Supportive Housing for Persons
with Disabilities) funding availability, published elsewhere in today's
Federal Register). Indicate by HUD office, the proposed location by
city and State, and the number of units requested for each application.
Include a list of all FY 1998 and prior year projects to which you are
the Sponsor that have not been finally closed. Such projects must be
identified by project number and HUD office.
    (6) 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;
    (c) Identifies the staff organization that will carry out the
relocation activities; and
    (d) Identifies all persons that have moved from the site within the
past 12 months.

    Note: If any of the relocation costs will be funded from sources
other than the section 202 capital advance, you 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).

    (7) Certifications and Resolutions. In addition to the
certifications and assurances listed in the General Section of this
SuperNOFA with the exception of SF-424A, SF-424B, SF-424C, SF-424D and
the OMB Circulars which are not required, you are required to submit
signed copies of the following:
    (a) Standard Form 424. Application for Federal Assistance and
indication of whether you are delinquent on any Federal debt. (See
instructions for submitting this form in the Consolidated Application
Submission section of the General Section of the SuperNOFA.)
    (b) Drug-Free Workplace (HUD-50070). Certification to provide a
drug-free workplace.
    (c) Payments to Influence Federal Transactions (HUD-50071) and
Standard Form LLL, Disclosure of Lobbying Activities. Certification of
whether any of the funds received will be used to influence any Federal
transactions and disclosure of those activities, if applicable.
    (d) Applicant/Recipient Disclosure/Update Report, including Social
Security Numbers and Employee Identification Numbers, (HUD-2880). A
disclosure of assistance from other government sources received in
connection with the project.
    (e) Employment, Engagement of Services, Awarding or Funding of
Contracts, Subgrants, etc. (24 CFR 24.510).
    (f) Executive Order 12372 Certification. A certification that you
have submitted a copy of your application, if required, to the State
agency (single point of contact) for State review in accordance with
Executive Order 12372.
    (g) Certification of Consistency with the Consolidated Plan (Plan),
Form HUD-2991, for the jurisdiction in which the proposed project will
be located. 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 by the unit
of general local government if the project will be located within the
jurisdiction of the unit of general local government authorized to use
an abbreviated strategy, and 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 program section of the SuperNOFA. The Plan regulations
are published in 24 CFR part 91.
    (h) A certified Board Resolution that no officer or director of the
Sponsor or Owner has or will have any financial interest in any
contract with the Owner

[[Page 9859]]

or in any firm or corporation that has or will have a contract with the
Owner, including 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.
    (i) A certified Board Resolution, acknowledging the
responsibilities of sponsorship, long-term support of the project(s),
willingness 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 your willingness to fund the estimated
start-up expenses, the Minimum Capital Investment (one-half of 1
percent of the HUD-approved capital advance, not to exceed $10,000, if
nonaffiliated with a National Sponsor; one-half of 1 percent of the
HUD-approved capital advance, not to exceed $25,000, for all other
Sponsors;), and the estimated cost of any amenities or features (and
operating costs related thereto) that would not be covered by the
approved capital advance.
    (j) Certification of Consistency with the EZ/EC Strategic Plan. A
certification that the project is consistent with the EZ/EC strategic
plan, is located within the EZ/EC, and serves EZ/EC residents.
    (k) Sponsor's Combined Certifications. (i) Certification in
Connection with the Development and Operation of a Section 202 Project.
A certification of compliance with the requirements of the Fair Housing
Act, Title VI of the Civil Rights Act, the Age Discrimination Act of
1975, 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
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 including affirmatively
furthering fair housing.
    (ii) Design and Cost Standards. Certification of Compliance with
HUD's Section 202 project design and cost standards (24 CFR 891.120 and
891.210), the Uniform Federal Accessibility Standards (24 CFR 40.7),
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;
    (iii) Acquisition and Relocation. Certification of Compliance with
the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended (49 CFR part 24 and 24 CFR part 891.155(e));
    (iv) Formation of Owner Corporation. Certification that you will
form an ``Owner'' (24 CFR 891.205) after issuance of the capital
advance; cause the Owner to file a request for determination of
eligibility and a request for capital advance, and provide sufficient
resources to the Owner to insure the development and long-term
operation of the project, including capitalizing the Owner at firm
commitment processing in an amount sufficient to meet its obligations
in connection with the project;
    (v) Supportive Services. Certification that you will not require
residents to accept any supportive services as a condition of
occupancy; and,
    (vi) Davis-Bacon. Certification of compliance with the Davis-Bacon
requirements and the Contract Work Hours and Safety Standards Act.

VII. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for
corrections to deficient applications.

VIII. Environmental Requirements

    In accordance with 24 CFR part 50, all Section 202 assistance is
subject to the National Environmental Policy Act of 1969 and applicable
related Federal environmental authorities. The environmental review
provisions of the Section 202 Program regulations are in 24 CFR
891.155(b).

IX. Authority

    The Section 202 Supportive Housing for the Elderly Program is
authorized by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q),
as amended. See section 801 of the Cranston-Gonzalez National
Affordable Housing Act (NAHA)(Pub. L. 101-625; approved November 28,
1990); the Housing and Community Development Act of 1992 (HCD Act of
1992)(Pub.L. 102-550; approved October 28, 1992), and the Rescissions
Act (Pub.L. 104-19; enacted on July 27, 1995).

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Funding Availability for the Section 811 Program of Supportive
Housing for Persons With Disabilities

Program Overview

    Purpose of the Program. This program provides funding for
supportive housing for very low-income persons with disabilities who
are at least 18 years old.
    Available Funds. Approximately $87,236,604.
    Eligible Applicants. Nonprofit organizations that have a section
501(c)(3) tax exemption from the Internal Revenue Service.
    Application Deadline. May 27, 1999.
    Match Requirements. No.

Additional Information

    If you are interested in applying for funding under this program,
please review carefully the General Section of this SuperNOFA and the
following additional information.

I. Application Due Date, Application Kits, Further Information, and
Technical Assistance

    Application Due Date. Submit your completed application on or
before 6:00 pm, local time on May 27, 1999 at the address shown below.
See the Application Submission Procedures of the General Section of
this SuperNOFA for further information.
    Address for Submitting Applications. Submit your completed
application(s) (an original and four copies) to the Director of the
appropriate Multifamily Hub Office or Multifamily Program Center as
listed in Appendix A to this program section of the SuperNOFA.
    The application kit also includes a listing of the Multifamily Hubs
and Program Centers, their addresses and telephone numbers, including
TTY numbers. This information is also available from HUD's SuperNOFA
Information Center at 1-800-HUD-8929 and from the Internet through the
HUD web site at http://www.hud.gov.
    For Application Kits. For an application kit and any supplemental
information, please call HUD's SuperNOFA Information Center at 1-800-
HUD-8929. Persons with hearing or speech impairments may call the
Center's TTY number at 1-800-483-2209. When requesting an application
kit, please refer to the Section 811 Program and provide your name,
address (including zip code), and telephone number (including area
code). The application kit also will be available on the Internet
through the HUD web site at http://www.hud.gov and from the appropriate
Multifamily Hub Office or Multifamily Program Center.
    For Further Information and Technical Assistance. For further
information and technical assistance, please contact the appropriate
Multifamily Hub Office or Multifamily Program Center, or Gail
Williamson at HUD Headquarters at (202) 708-2866, or access the
Internet at http://www.hud.gov. HUD encourages minority organizations
to participate in this program and strongly recommends prospective
applicants attend the local HUD Office workshop. At the workshops, HUD
will explain application procedures and requirements, as well as
address concerns such as local market conditions, building codes and
accessibility requirements, historic preservation, floodplain
management, displacement and relocation, zoning, and housing costs. If
you are interested in attending the workshop, make sure that your name,
address and telephone number are on the appropriate HUD Office's
mailing list so that you will be informed of the date, time and place
of the workshop. Persons with disabilities should call the appropriate
HUD Office to assure that any necessary arrangements can be made to
enable their attendance and participation in the workshop.
    If you cannot attend the workshop, call the appropriate HUD Office
if you have any questions regarding the submission of applications to
that particular office and to request any materials distributed at the
workshop.

II. Amount Allocated

    Approximately $87,236,604 is available for the Section 811 Program
of Supportive Housing for Persons with Disabilities. The FY 1999 HUD
Appropriations Act (Appropriations Act) provides $194,000,000 for
capital advances, including amendments to capital advance contracts;
for supportive housing for persons with disabilities, as authorized by
section 811 of the NAHA; and for project rental assistance, including
amendments to contracts for project rental assistance. Twenty-five
percent of this amount is being set aside for tenant-based rental
assistance for persons with disabilities administered through public
housing agencies (PHAs) and nonprofit organizations and will be
announced in the Federal Register at a later date.
    In accordance with the waiver authority provided in the
Appropriations Act, the Secretary is waiving the following statutory
and regulatory provision: The term of the project rental assistance
contract is reduced from 20 years to 5 years. HUD anticipates that at
the end of the contract terms, renewals will be approved subject to the
availability of funds. In addition to this provision, HUD 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.
    The allocation formula used for Section 811 reflects the ``relevant
characteristics of prospective program participants,'' as specified in
24 CFR 791.402(a). The FY 1999 formula consists of two data elements
from the 1990 Decennial Census: (1) the number of non-institutionalized
persons age 16 or older with a work disability and a mobility or self-
care limitation and (2) the number of non-institutionalized persons age
16 or older having a mobility or self-care limitation but having no
work disability.
    A work disability is defined as a health condition that had lasted
for 6 or more months which limited the kind (restricted the choice of
jobs) or amount (not able to work full time) of work a person could do
at a job or business. A mobility limitation is defined as a health
condition that lasted for 6 or more months, making it difficult for the
person to go outside the home alone. This includes outside activities,
such as shopping or visiting a doctor's office. A self-care limitation
is defined as a health care limitation that had lasted for 6 or more
months which made it difficult for the person to take care of his/her
own personal needs such as dressing, bathing, or getting around inside
the home. Temporary (short term) problems such as broken bones that are
expected to heal normally are not considered problems.
    Under the Section 811 Program, each HUD Office jurisdiction
receives sufficient capital advance funds for a minimum of 10 units.
The total amount of capital advance funds to support this minimum set-
aside is then subtracted from the total capital advance available. The
remainder is fair shared to each HUD Office jurisdiction whose fair
share would exceed the set-aside based on the allocation formula fair
share factors described below.
    The fair share factors were developed by taking the sum of the
number of persons in each of the two elements for each state, or state
portion, of each local HUD Office jurisdiction as a percent of the sum
of the two data elements from the Decennial Census, described above,
for the total United States. The resulting percentage for each local
HUD Office is then adjusted to reflect the relative cost of providing
housing among the local

[[Page 9864]]

HUD Office jurisdictions. The adjusted needs percentage for each local
HUD Office is then multiplied by the total amount of capital advance
funds available nationwide.
    The Section 811 capital advance funds have been allocated, based on
the formula above, to 51 local HUD Offices as shown on the following
chart:

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[[Page 9869]]

III. Program Description; Eligible Applicants; Eligible Activities

(A) Program Description

    HUD provides capital advances and contracts for project rental
assistance in accordance with 24 CFR part 891. Capital advances may be
used to construct, rehabilitate, or acquire structures (including
structures from the Federal Deposit Insurance Corporation (formerly
held by the Resolution Trust Corporation) (FDIC/RTC), to be developed
into a variety of housing options described in C. below. Capital
advance funds bear no interest and are based on development cost limits
published in this SuperNOFA. Repayment of the capital advance is not
required as long as the housing remains available for at least 40 years
for occupancy by very low-income persons with disabilities.
    Project rental assistance contract (PRAC) funds are used to cover
the difference between the tenants' contributions toward rent (30
percent of adjusted income) and the HUD-approved cost to operate the
project.

(B) Eligible Applicants

    Nonprofit organizations with a section 501(c)(3) tax exemption from
the Internal Revenue Service are the only eligible applicants for this
program. A Sponsor or Co-sponsor may not apply for more than 100 units
of housing for persons with disabilities in a single Hub. In addition,
a Sponsor or Co-sponsor may not apply for more units in a given HUD
Office than allocated for the Section 811 program in that HUD Office,
or for more than 10 percent of the total units allocated in all HUD
offices. A single application must propose at least five units, not
necessarily in one structure. Affiliated entities that submit separate
applications are considered a single entity for the purposes of these
limits.

(C) Eligible Activities

    The types of housing that can be developed with Section 811 capital
advance funds include small group homes, independent living projects
and dwelling units in multifamily housing developments, condominium and
cooperative housing.

(D) Ineligible Activities

    Section 811 funds may not be used for any of the following:
    (1) Nursing homes, infirmaries and medical facilities;
    (2) Transitional housing facilities;
    (3) Manufactured housing facilities;
    (4) Intermediate care facilities;
    (5) Community centers, with or without special components for use
by persons with disabilities;
    (6) Sheltered workshops and centers for persons with disabilities;
    (7) Headquarters for organizations for persons with disabilities;
and
    (8) Refinancing of Sponsor-owned facilities without rehabilitation.

IV. Program Requirements

    In addition to the program requirements listed in the General
Section of this SuperNOFA, you must comply with the following
requirements:

(A) Statutory Requirements and Regulatory Requirements

    You must comply with all statutory and regulatory requirements
listed in Sections III(A) and IX of this program section of the
SuperNOFA.

(B) HUD/RHS Agreement

    HUD and the Rural Housing Service (RHS) have an agreement to
coordinate the administration of the agencies' respective rental
assistance programs. As a result, HUD is required to 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 RHS comments in its
review and application selection process.

(C) Development Cost Limits

    (1) The following development cost limits, adjusted by locality as
described in paragraph (C)(3) below, must be used to determine the
capital advance amount reserved for projects for persons with
disabilities:
    (a) For independent living projects and dwelling units in
multifamily housing developments, condominium and cooperative housing:
The total development cost of the project attributable to dwelling use
(less the incremental development cost and the capitalized operating
costs associated with any excess amenities and design features you will
pay for) may not exceed:
Non-elevator Structures
    $33,638 per family unit without a bedroom;
    $38,785 per family unit with one bedroom;
    $46,775 per family unit with two bedrooms;
    $59,872 per family unit with three bedrooms;
    $66,700 per family unit with four bedrooms.
For Elevator Structures
    $35,400 per family unit without a bedroom;
    $40,579 per family unit with one bedroom;
    $49,344 per family unit with two bedrooms;
    $63,834 per family unit with three bedrooms;
    $70,070 per family unit with four bedrooms.
    (b) For group homes only:

------------------------------------------------------------------------
                                                  Type of disability
                                             ---------------------------
                No. residents                                   chronic
                                                physical/        mental
                                              developmental     illness
------------------------------------------------------------------------
3...........................................      $154,452       $149,094
4...........................................       165,276        158,376
5...........................................       176,100        167,658
6...........................................       186,912        176,940
------------------------------------------------------------------------

    (c) 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 24 CFR
891.310(a) (if applicable); the accessibility requirements of 24 CFR
891.120(b) and 891.310(b); and the project design and cost standards of
24 CFR 891.120.
    (2) Increased development cost limits.
    (a) HUD may increase the development cost limits set forth in
Section IV(C)(1) of this program section of the SuperNOFA 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. This increase may include covering additional costs
to make dwelling units accessible through rehabilitation.
    (b) If HUD finds that high construction costs in Alaska, Guam, the
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 Section
IV(C)(1) of this program section of the SuperNOFA, 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.
    (c) For group homes only, HUD Offices may approve increases in the
development cost limits in paragraph (C)(1)(b), above, in areas where
you 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

[[Page 9870]]

taken place (listed prices for land are not acceptable) within the last
two years in the area where your project is to be built. The average
cost of the documented sales must exceed seven percent of the
development cost limit for your project in order for an increase to be
considered.

(D) Sites

    The National Affordable Housing Act requires you to provide in your
application either (1) evidence of site control, or (2) a reasonable
assurance that you will have control of a site within six months of
notification of fund reservation. Accordingly, if you have control of a
site at the time you submit your application, you must include evidence
of such as described in Section VI(B)(4)(d)(i) of this program section
of the SuperNOFA relative to site control and in the application kit.
If you do not have site control, you must provide the information
required in Section VI(B)(4)(d)(ii) of this program section of the
SuperNOFA relative to identification of a site and in the application
kit for identified sites as a reasonable assurance that site control
will be obtained within six months of fund reservation notification.
    Under Criterion 1 of Rating Factor 3 in Section V(D), below,
related to your proposed site, your application has the potential of
earning 15 points. Criterion 1(a) is related to site approvability and
is worth a maximum of 10 points. Regardless of whether you submit
evidence of site control or have identified a site without obtaining
control of it, the site will be evaluated based on its proximity or
accessibility to shopping, medical facilities, transportation, places
of worship, recreational facilities, places of employment and other
necessary services to the intended tenants. It will also be evaluated
to determine whether it complies with the site and neighborhood
standards in 24 CFR 891.125. Criterion 1(b) relates to the existence of
legally acceptable site control. If you (1) submit evidence of site
control for all proposed sites in your application, (2) the evidence is
determined to be legally acceptable for all of the sites and (3) all of
the sites are approvable (i.e., receive a score of 1 or higher for
Criterion 1(a), your application will receive 5 points for Criterion
1(b)).
    If your application contains evidence of site control where either
the evidence or the site is not approvable, it will not be rejected
provided you indicate in your application that you are willing to seek
an alternate site and provide an assurance that site control will be
obtained within six months of fund reservation notification.

(E) Supportive Services

    You are required to include a supportive services plan and a
certification from the appropriate State or local agency that the
provision of services identified in your Supportive Services Plan is
well designed to serve the special needs of persons with disabilities
who will live in your proposed project. Section VI(B)(4)(e) of this
program section of the SuperNOFA, below, outlines the information that
must be in the Supportive Services Plan. You must submit one copy of
your Supportive Services Plan to the appropriate State or local agency
well in advance of the application submission deadline date for the
State or local agency to review your Supportive Services Plan (Exhibit
4(d) of the application kit) and complete the Supportive Services
Certification (Exhibit 7(l) of the application kit) and return it to
you so that you can include it in the application you submit to HUD.
    (1) HUD will reject your application if the supportive services
certification:
    (i) Is not submitted with your application and is not submitted to
HUD within the 14-day cure period; or
    (ii) Indicates that the provision of supportive services is not
well designed to meet the special needs of persons with disabilities.
    (2) In addition, if the agency completing the certification will be
a major funding or referral source for your proposed project or be
responsible for licensing the project, HUD will reject your application
if either the agency's supportive services certification indicates--or,
where the agency fails to complete item 2 or 3 of the certification,
HUD determines that:
    (i) You failed to demonstrate that supportive services will be
provided on a consistent long-term basis; and/or
    (ii) The proposed housing is not consistent with State or local
agency plans/policies governing development and operation of housing
for persons with disabilities.
    Any prospective resident of a Section 811 project who believes he/
she needs supportive services must be given the choice to be
responsible for acquiring his/her own services or to take part in your
Supportive Services Plan which must be designed to meet the individual
needs of each resident. Residents or applicants may not be required to
accept any supportive service as a condition of occupancy or admission.

(F) Project Size Limits

    (1) Group home--The minimum number of persons with disabilities
that can reside in a group home is three, and the maximum number is
six. Only one person per bedroom is allowed, unless two residents
choose to share one bedroom or a resident determines he/she needs
another person to share his/her bedroom.
    (2) Independent living project--The minimum number of units that
can be applied for in one application is five; not necessarily in one
structure. The maximum number of persons with disabilities that can be
housed in an independent living project is 18.
    (3) Exceptions--If you are submitting an application with site
control, you may request an exception to the above project size limits
by providing the information required in Section VI(B) in this program
section of the SuperNOFA, below.

(G) Minimum Capital Investment

    Selected nonprofit organizations must provide a minimum capital
investment of one-half of one percent of the HUD-approved capital
advance amount not to exceed a maximum of $10,000.

(H) Economic Opportunities for Low and Very Low Income Persons

    You must comply with section 3 of the Housing and Urban Development
Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low and Very
Low Income Persons) and its implementing regulations at 24 CFR part
135. To comply, you must ensure that training, employment and other
economic opportunities are directed, to the greatest extent feasible,
toward low and very low income persons, particularly those who are
recipients of government assistance for housing; and to business
concerns which provide economic opportunities to low and very low
income persons.

(I) Accessibility

    If you intend to construct, substantially rehabilitate, or acquire,
with or without rehabilitation, structures to be used as housing for
persons with disabilities, you should note 24 CFR 891.310, which
requires that your project meets accessibility requirements. In
addition, you should note that 24 CFR 8.4(b)(5) prohibits the selection
of a site or location which has the purpose or effect of excluding
persons with disabilities from the Federally assisted program or
activity. Thus, if you choose an existing structure, make sure that it
can be made accessible without resulting in an infeasible project.

[[Page 9871]]

V. Application Selection Process

(A) Review for Curable Deficiencies

    You should ensure that your application is complete before
submitting it to the appropriate HUD office. HUD will screen all
applications received by the deadline to determine if there are any
curable deficiencies. A curable deficiency is a missing Exhibit or
portion of an Exhibit that will not affect the rating of your
application. The following is a list of the only deficiencies that will
be considered curable in a Section 811 application:
Exhibits
(1)
    *Form 92016-CA (Application Form)
(2)
    *(a) Articles of Incorporation
    *(b) By-laws
    *(c) IRS tax exemption ruling
(4)
    (c)(ii) Energy efficiency
    *(d)(i) Evidence of site control (if submitted with application)
    (d)(vi) SHPO letter
    (d)(vii) Seek alternate site
    (d)(viii) Exception to project size limits
(5)
    Applications submitted to other offices
(6)
    Relocation
(7)
    *(a) Standard Form 424
    (b) Drug-free Workplace
    (c) Form-HUD 50071 and Standard Form-LLL
    (d) Form-HUD 2880
    (e) Form-HUD 2992
    (f) Executive Order 12372
    (g) Form-HUD 2991 Certification of Consistency with Consolidated
Plan
    (h) Conflict of Interest Resolution
    *(i) Resolution for Commitment to Project
    (k) Combined Certifications
    (l) Supportive Services Certification
    (m) Lead-Based Paint Certification
    The HUD Office will notify you in writing if your application is
missing any of the above exhibits or portions of exhibits and will give
you 14 days from the date of the notification to submit the information
required to cure the noted deficiencies. The items identified by an
asterisk (*) must be dated on or before the application deadline date.

(B) Rating

    HUD will review and rate your application(s) in accordance with the
Application Selection Process in the General Section of this SuperNOFA
with the following exception. HUD will not reject your application
based on technical review without notifying you of the rejection with
all the reasons for rejection and providing you an opportunity to
appeal. You will have 14 calendar days from the date of HUD's written
notice to appeal a technical rejection to the HUD Office. The HUD
Office will make a determination on an appeal before making its
selection recommendations. Your application(s) will be either rated or
technically rejected at the end of technical review. If your
application meets all program eligibility requirements after completion
of technical review, it will be rated according to the Rating Factors
in V(D) below.

(C) Ranking and Selection Procedures

    Applications that have a total base score of 60 points or more
(without the addition of EC/EZ bonus points) and meet all of the
applicable threshold requirements of Section II(B) of the General
Section of the SuperNOFA will be eligible for selection and will be
placed in rank order. HUD will select applications, after adding any
bonus points for EC/EZ, based on rank order, up to and including the
last application that can be funded out of each HUD office's
allocation. HUD Offices must not skip over any applications in order to
select one based on the funds remaining. After making the initial
selections, however, HUD may use any residual funds to select the next
rank-ordered application by reducing the number of units by no more
than 10 percent rounded to the nearest whole number, provided the
reduction will not render the project infeasible. For this purpose,
however, HUD will not reduce the number of units in projects of five
units or less.
    After this process is completed, residual funds from all HUD
Offices within each Multifamily Hub will be combined. These funds will
be used first to restore units to projects reduced by HUD Offices based
on the above instructions. Second, additional applications within each
Multifamily Hub will be selected in rank order with only one
application selected per HUD Office. More than one application may be
selected per HUD office if there are no approvable applications in
other HUD Offices within the Multifamily Hub. This process will
continue until there are no more approvable applications within the
Multifamily Hub that can be selected with the remaining funds.
Applications may not be skipped over to select one based on funds
remaining. However, HUD may use any remaining residual funds, to select
the next rank-ordered application by reducing the number of units by no
more than 10 percent rounded to the nearest whole number, provided the
reduction will not render the project infeasible or result in the
project being less than 5 units.
    Funds remaining after these processes are completed will be
returned to Headquarters. HUD will use these residual funds first to
fund Ryder Memorial Hospital, Inc., in the jurisdiction of the HUD
Caribbean Multifamily Program Center, a FY 1998 application which was
not funded due to HUD error. Second, HUD will use these funds to
restore units to projects reduced by HUD Offices as a result of the
instructions for using their residual funds. Third, HUD will use these
funds for selecting applications based on field offices' rankings,
beginning with the highest rated application nationwide. Only one
application will be selected per HUD Office from the national residual
amount, excluding the Caribbean Multifamily Program Center, already
funded. If there are no approvable applications in other HUD Offices,
the process will begin again with the selection of the next highest
rated application nationwide. This process will continue until all
approvable applications are selected using the available remaining
funds.

(D) Factors for Award Used To Evaluate and Rate Applications

    HUD will rate applications that successfully complete technical
processing using the Rating Factors set forth below and in accordance
with the application submission requirements in Section VI(B), below.
The maximum number of points an application may receive under this
program is 102. This includes two (2) EZ/EC bonus points, as described
in the General Section of this SuperNOFA.
Rating Factor 1: Capacity of the Applicant and Relevant Organizational
Staff (25 Points)
    This factor addresses the extent to which you have the
organizational resources to successfully implement the proposed
activities in a timely manner. Submit information responding to this
factor in accordance with Application Submission Requirements in
paragraphs (B)(2), (B)(3)(a), (B)(3)(b), and (B)(3)(e) of Section VI of
this program section of the SuperNOFA.
    In rating this factor, HUD will consider the extent to which your
application demonstrates your ability to develop and operate the
proposed housing on a long-term basis, considering the following:
    (1) (15 points) The scope, extent, and quality of your experience
in providing

[[Page 9872]]

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 your demonstrated development and management capacity as well as
your financial management capability; and
    (2) (10 points) The scope, extent, and quality of your experience
in providing housing or related services to minority persons or
families. For purposes of this program section of the SuperNOFA,
``minority'' means the basic racial and ethnic categories for Federal
statistics and administrative reporting, as defined in OMB's
Statistical and Policy Directive No. 15. (See 62 FR 58782 October 30,
1997.)
Rating Factor 2: Need/Extent of the Problem (15 Points)
    This factor addresses the extent to which there is a need for
funding the proposed activities to address a documented problem in the
target area. Submit information responding to this factor in accordance
with Application Submission Requirements in paragraphs (B)(4)(a) and
(B)(4)(b) of Section VI of this program section of the SuperNOFA. In
evaluating this factor, HUD will consider:
    The extent of the need for the project in the area based on a
determination by the HUD Office. In making this determination, HUD will
consider your evidence of need in the area, as well as other economic,
demographic, and housing market data available to the HUD Office. The
data could include the availability of existing comparable subsidized
housing for persons with disabilities and current occupancy in such
housing, comparable subsidized 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 comparable subsidized housing and the
possible harm to existing projects in the same housing market area. The
Department also will review more favorably those applications which
establish a connection between the proposed project and the community's
Analysis of Impediments to Fair Housing Choice (AI) or other planning
document that analyzes fair housing issues and is prepared by a local
planning or similar organization. You must show how the proposed
project will address an impediment to fair housing choice described in
the AI or meet a need identified in the other type of planning
document.
Rating Factor 3: Soundness of Approach (40 Points)
    This factor addresses the quality and effectiveness of your
proposal. There must be a clear relationship between the proposed
activities, the community's needs and purposes of the program funding
for your application to receive points for this factor. Submit
information responding to this factor in accordance with Application
Submission Requirements in paragraphs (B)(4)(c), (B)(4)(d), and
(B)(4)(e) of Section VI of this program section of the SuperNOFA. In
evaluating this factor, HUD will consider the following:
    (1)(a) (10 points) Site approvability--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 (based on site visit for site control projects
only); and compliance with site and neighborhood standards in 24 CFR
891.125;
    (b) (5 points) Site control--If your application contains legally
acceptable site control for all proposed sites and all of the proposed
sites are approvable (i.e., receive a score of 1 or higher on Criterion
1(a)), your application will receive 5 points for site control;
    (2) (10 points) The suitability of the site from the standpoints of
promoting a greater choice of housing opportunities for minorities and
persons with disabilities and affirmatively furthering fair housing. In
reviewing this criterion, HUD will assess whether the site meets the
site and neighborhood standards at 24 CFR 891.125(b) and (c) by
examining relevant data in your application or in the HUD Office. If
appropriate, HUD may visit the site. The site will be deemed acceptable
if it increases housing choice and opportunity by (a) expanding housing
opportunities in non-minority neighborhoods (if located in such a
neighborhood); or (b) contributing to the revitalization of and
reinvestment in minority neighborhoods, including improvement of the
level, quality and affordability of services furnished to minority
persons with disabilities.
    (3) (5 points) The extent to which the proposed design of the
project, including both the exterior and interior design, will meet any
special needs of persons with disabilities the housing is expected to
serve;
    (4) (5 points) The extent to which the proposed design of the
project and its placement in the neighborhood will facilitate the
integration of the residents into the surrounding community; and
    (5) (5 points) Your board includes persons with disabilities
(including persons who have disabilities similar to those of the
prospective residents).
Rating Factor 4: Leveraging Resources (10 Points)
    This factor addresses your ability to secure other community
resources which can be combined with HUD's program resources to achieve
program purposes. Submit information responding to this factor in
accordance with Application Submission Requirements in paragraphs
(B)(3)(c) and (B)(3)(d) of Section VI of this program section of the
SuperNOFA.
    (1) (5 points) The extent of local government support (including
financial assistance, donation of land, provision of services, etc.)
for the project; and
    (2) (5 points) The extent of your activities in the community,
including previous experience in serving the area where the project is
to be located, and your demonstrated ability to enlist volunteers and
raise local funds.
Rating Factor 5: Comprehensiveness and Coordination (10 Points)
    This factor addresses the extent to which you coordinated your
activities with other known organizations, participate or promote
participation in the community's Consolidated Planning process, and are
working towards addressing a need in a holistic and comprehensive
manner through linkages with other activities in the community. Submit
information responding to this factor in accordance with Application
Submission Requirements in paragraphs (B)(3)(f), (B)(3)(g), (B)(3)(h),
and (B)(3)(i) of Section VI of this program section of the SuperNOFA.
    (1) (4 points) You involved persons with disabilities (including
minority persons with disabilities) in the development of the
application, and will involve persons with disabilities (including
minority persons with disabilities) in the development and operation of
the project;
    (2) (2 points) The extent to which you coordinated your application
with other organizations to complement and/or support the proposed
project;
    (3) (2 points) The extent to which you demonstrated that you have
been actively involved, or if not currently active, the steps you will
take to become actively involved in the community's Consolidated
Planning process to identify and address a need/problem that is related
in whole or part, directly

[[Page 9873]]

or indirectly to the proposed project; and
    (4) (2 points) The extent to which you developed or plan to develop
linkages with other activities, programs or projects related to the
proposed project to coordinate your activities so solutions are
holistic and comprehensive.
Bonus Points
    (2 bonus points) Location of proposed site in an EZ/EC area, as
described in the General Section of this SuperNOFA. Submit the
information responding to the bonus points in accordance with the
Application Submission Requirements in paragraph (B)(7)(j) of Section
VI of this program section of the SuperNOFA.

VI. Application Submission Requirements

    (A) Application. Your application must include all of the
information, materials, forms, and exhibits listed in Section VI(B) of
this program section of the SuperNOFA (unless you were selected for a
Section 811 fund reservation within the last three funding cycles). If
you qualify for this exception, you are not required to submit the
information described in Section VI(B)(2)(a), (b), and (c), below, of
this program section of the SuperNOFA (Exhibits 2.a., b., and c. of the
application kit), 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 your previous HUD approval, you must submit the updated
information in your application. The HUD Office will verify your
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, you are 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, your experience in the provision of
housing and services, supportive services plans, community ties, and
experience serving minorities.

    Note: You may apply for a scattered site project in one
application.

    (B) General Application Requirements.
    (1) Form HUD-92016-CA, Application for Section 811 Supportive
Housing Capital Advance.
    (2) Evidence of your and each Co-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 you and all Co-Sponsors, including churches).

    Note: If you received a section 811 fund reservation within the
last three funding cycles, you are not required to submit the
documents described in (a), (b), and (c), above. instead, you must
submit the project number of the latest application selected 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) The number of people on your board and the number of those
people who have disabilities (including disabilities similar to those
of the prospective residents).
    (3) A description of your purpose, community ties, and experience,
including the following:
    (a) A description of your purpose, current activities and how long
you have been in existence;
    (b) A description of your ties to the community at large and to the
minority and disabled communities in particular;
    (c) A description of local government support for the project
(including financial assistance, donation of land, provision of
services, etc.);
    (d) Letters of support for your organization and for the proposed
project from organizations familiar with the housing and supportive
services needs of the persons with disabilities that you expect to
serve in the proposed project;
    (e) A description of your housing and/or supportive services
experience. The description should include any rental housing projects
(including integrated housing developments) and/or supportive services
facilities that you have sponsored, owned, and/or operated; your past
or current involvement in any programs other than housing that
demonstrates your management capabilities (including financial
management) and experience, and your experience in serving persons with
disabilities and minorities; and the reasons for receiving any
increases in fund reservations for developing and/or operating any
previously funded Section 811 or Section 202 projects. The description
should include data on the facilities and services provided, the
racial/ethnic composition of the populations served, if available, and
information and testimonials from residents or community leaders on the
quality of the activities. Examples of activities that could be
described include housing counseling, nutrition and food services,
special housing referral, screening and information projects.
    (f) A description, if applicable, of your efforts to involve
persons with disabilities (including minority persons with disabilities
and persons with disabilities similar to those of the prospective
residents) in the development of your application and in the
development and operation of the project.
    (g) A description of the steps you took to identify and coordinate
your application with other organizations to complement and/or support
your proposed project as well as the steps you will take, if funded, to
share information on solutions and outcomes relative to the development
of your proposed project.
    (h) A description of your involvement in the community's
Consolidated Planning process, including:
    (i) An identification of the lead/facilitating agency that
organizes/administers the process;
    (ii) An identification of the Consolidated Plan issue areas in
which you participate;
    (iii) Your level of participation in the process, including active
involvement with any neighborhood-based organizations, associations or
any committees that support programs and activities that enhance
projects, or the lives of residents of projects, such as the one
proposed in your application.
    If you are not currently active, describe the specific steps you
will take to become active in the Consolidated Planning process.
(Consult the local HUD Office for the identification of the
Consolidated Plan community process for the appropriate area.)
    (i) A description of the linkages that you have developed or plan
to develop with other related activities, programs or projects in order
that the development of the project provides a comprehensive and
holistic solution to the needs of the target population.
    (4) Project information including the following:
    (a) Evidence of need for supportive housing. Such evidence would
include a description of the proposed population and evidence
demonstrating sustained effective demand for supportive housing for the
proposed population in the market area to be served, taking into
consideration the

[[Page 9874]]

occupancy and vacancy conditions in existing comparable subsidized
housing for persons with disabilities, 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.
Also, a description of how information in the community's Analysis of
Impediments to Fair Housing Choice was used in documenting the need for
the project.
    (b) A description of how the proposed project will benefit the
target population and the community in which it will be located;
    (c) A description of the project, including the following:
    (i) A narrative description of the building(s) including the number
and type of structure(s), number of bedrooms if group home, number of
units with bedroom distribution if independent living units (including
dwelling units in multifamily housing developments, condominiums and
cooperatives), number of residents with disabilities, and any resident
staff per structure; an identification of all community spaces,
amenities, or features planned for the housing and a description of how
the spaces, amenities, or features will be used, and the extent to
which they are necessary to accommodate the 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, you must demonstrate
your ability and willingness to contribute both the incremental
development cost and continuing operating cost associated with the
community spaces, amenities, or features; and a description of how the
design of the proposed project will promote the integration of the
residents into the surrounding community; and (ii) A 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.
    (d) Evidence of control of an approvable site, OR identification of
a site for which you provide a reasonable assurance that you will
obtain control within 6 months from the date of fund reservation (if
you are approved for funding).
    (i) If you are submitting an application with site control, you
must submit the following:
    (1) Acceptable evidence of site control, as evidenced by one of the
following:
    (A) Deed or long-term leasehold which evidences that you have title
to or a leasehold interest in the site. If a leasehold, the term of the
lease must be at least 50 years;
    (B) Contract of sale for the site which is free of any limitations
affecting ability to deliver ownership to you after you receive and
accept a notice of Section 811 capital advance. The only condition for
closing on the sale can be your receipt and acceptance of the capital
advance;
    (C) Option to purchase or for a long-term leasehold which must
remain in effect for one year from the date on which the applications
are due. The option agreement may consist of a single one year term or
may include one or more rights to renew up to one year solely at your
discretion. The only condition on which the option may be terminated is
if you are not awarded a fund reservation.
    (D) If the site is covered by a mortgage under a HUD program, you
must submit evidence that consent to release of the site from the
mortgage has been obtained or is being requested.
    (E) For sites to be acquired from a public body, evidence is needed
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 you
after you receive and accept a notice of Section 811 capital advance.
If HUD determines that time constraints of the funding round will not
permit you to obtain all of the required official actions (e.g.,
approval of Community Planning Boards) that are necessary to convey
publicly-owned sites, you may include in your application a letter from
the mayor or director of the appropriate local agency indicating that
conveyance or leasing of your site is acceptable and only contingent on
the necessary approval action. In its review of such cases, HUD will
consider whether it has had satisfactory experience with timely
conveyance of sites from that public body.
    Whether you have title to the site, a contract of sale, an option
to purchase or are acquiring a site from a public body, you must
provide evidence (a title policy or other acceptable evidence) that the
site is free of any limitations, restrictions, or reverters which could
adversely affect the use of the site for the proposed project for the
40-year capital advance period under HUD's regulations and requirements
(e.g., reversion to seller if title is transferred). Mortgages are not
considered to be limitations or restrictions that would adversely
affect the use of the site. If the site is subject to any such
limitations, restrictions, or reverters, the site will be rejected.

    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.

    (2) Evidence that your project as proposed is permissible under
applicable zoning ordinances or regulations, or a statement of the
proposed action required to make your proposed project permissible. You
must provide the basis for your belief that the proposed action will be
completed successfully before the submission of the firm 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, the procedures for obtaining special or
conditional use permits or preliminary indications of acceptability
from zoning bodies, etc.).

    Note: You should be aware that under certain circumstances the
Fair Housing Act requires localities to make reasonable
accommodations to their zoning ordinances or regulations to offer
persons with disabilities an opportunity to live in an area of their
choice. If you are relying upon a theory of reasonable accommodation
to satisfy the zoning requirement, then you must clearly articulate
the basis for your reasonable accommodation theory.

    (3) A narrative topographical and demographic description of the
suitability of the site and area as well as a description of the area
surrounding the site, the characteristics of the neighborhood, how the
site will promote greater housing opportunities for minorities and
persons with disabilities thereby affirmatively furthering fair
housing.

    Note: You can best demonstrate your commitment to affirmatively
furthering fair housing by describing how proposed activities will
assist the jurisdiction in overcoming impediments to fair housing
choice identified in the applicable jurisdiction's Analysis of
Impediments (AI) to Fair Housing Choice, which is a component of the
jurisdiction's Consolidated Plan, or any other planning document
that addresses fair housing issues. The applicable Consolidated Plan
and AI may be the Community's, the County's, or the State's, to
which input should have been provided by local community
organizations, agencies in the community, and residents of the
community. Alternatively, a document that addresses fair housing
issues and remedies to barriers to fair housing in the community
that was previously prepared by a local planning, or similar
organization, may be used. Applicable impediments could include a
lack

[[Page 9875]]

of units that are accessible to persons with disabilities, a lack of
transportation services or other assistance that would serve persons
with disabilities, or the need for improved housing quality and
services for all persons with disabilities.

    (4) A map showing the location of the site and the racial
composition of the neighborhood, with the area of racial concentration
delineated;
    (5) A Phase I Environmental Site Assessment, in accordance with the
American Society for Testing and Material (ASTM) Standards E 1527-93,
as amended. The Phase I study must be completed and submitted with the
application. Therefore, it is important that you start the site
assessment process as soon after publication of this SuperNOFA as
possible.
    If the Phase I study indicates the possible presence of
contamination and/or hazards, you must decide whether to continue with
this site or choose another site. Should you choose another site, the
same environmental site assessment procedure identified above must be
followed for that site.

    Note: For properties to be acquired from the FDIC/RTC, include a
copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase
I Environmental Site Assessment, and applicable documentation, per
the FDIC/RTC Environmental Guidelines.

    If you choose to continue with the original site on which the Phase
I study indicated contamination or hazards, you must undertake a
detailed Phase II Environmental Site Assessment by an appropriate
professional. 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 your application to be
considered as an application with site control you must submit this
information to the local HUD Office on or before June 28, 1999.

    Note: This could be an expensive undertaking. you must pay for
the cost of any clean-up and/or Remediation.

    (6) A letter from the State Historic Preservation Officer (SHPO)
indicating whether the proposed site(s) has any historical
significance. If you cannot obtain a letter from the SHPO due to the
SHPO not responding to your request or the SHPO responding that it
cannot or will not comply with the requirement, you must submit the
following:
    (A) a letter indicating that you attempted to get the required
letter from the SHPO but that the SHPO either had not responded to your
request or would not honor or recognize your request;
    (B) a copy of your letter to the SHPO requesting the required
letter; and
    (C) a copy of the SHPO's response, if available.
    (7) A statement that you are 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.
    (8) If you are requesting an exception to the project size limits
found in Section IV(F) of this program section of the SuperNOFA,
describe why the site was selected and demonstrate the following:
    (A) People with disabilities similar to those of the prospective
tenants have indicated their acceptance or preference to live in
housing with as many units/people as proposed for your project;
    (B) The increased number of people is necessary for the economic
feasibility of your project;
    (C) Your project is compatible with other residential development
and the population density of the area in which your project is to be
located;
    (D) The increased number of people will not prohibit their
successful integration into the community;
    (E) Your project is marketable in the community;
    (F) The size of your project is consistent with State and/or local
policies governing similar housing for the proposed population; and
    (G) A statement that you are willing to have your application
processed at the project size limit should HUD not approve the
exception.
    (ii) If you have identified a site, but do not have it under
control, you must submit the following information:
    (1) A description of the location of the site, including its street
address, its unit number (if condominium), neighborhood/community
characteristics (to include racial and ethnic data), amenities,
adjacent housing and/or facilities, and how the site will promote
greater housing opportunities for minorities and persons with
disabilities thereby affirmatively furthering fair housing. You can
best demonstrate your commitment to affirmatively furthering fair
housing by describing how your proposed activities will assist the
jurisdiction in overcoming impediments to fair housing choice
identified in the community's AI or any other planning document that
addresses fair housing issues. Examples of the applicable impediments
include the need for improved housing quality and services for minority
persons with disabilities and the need for quality services for persons
with disabilities within the type and quality of similar services and
housing in minority areas;
    (2) 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;
    (3) 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;
    (4) A status of the sale of the site; and
    (5) An indication as to whether the site would involve relocation.
    (e) A supportive services plan (a copy of which must be sent to the
appropriate State or local agency as instructed in Section IV(E) of
this program section of the SuperNOFA) that includes:
    (i) A detailed description of whether the housing is expected to
serve persons with physical disabilities, developmental disabilities,
chronic mental illness or any combination of the three. Include how and
from whom/where persons will be referred to and accepted for occupancy
in the project. You may, with the approval of the Secretary, limit
occupancy within housing developed under this program section of the
SuperNOFA to persons with disabilities who have similar disabilities
and require a similar set of supportive services in a supportive
housing environment. However, the Owner must permit occupancy by any
qualified person with a disability who could benefit from the housing
and/or services provided, regardless of the person's disability.
    (ii) If you are requesting approval to limit occupancy in your
proposed project(s), you must submit the following:
    (1) A description of the population of persons with disabilities to
which occupancy will be limited;
    (2) An explanation of why it is necessary to limit occupancy of the
proposed project(s) to the population described in (1) above. This
should include but is not limited to:
    (A) An explanation of how limiting occupancy to a subcategory of
persons with disabilities promotes the goals of the Section 811
Program; and,
    (B) An explanation of why the housing and/or service needs of this
population cannot be met in a more integrated setting.
    (3) A description of your experience in providing housing and/or
supportive services to the proposed occupants; and
    (4) A description of how you will ensure that the occupants of the

[[Page 9876]]

proposed project(s) will be integrated into the neighborhood and
surrounding community.
    (iii) A detailed description of the supportive service needs of the
persons with disabilities that the housing is expected to serve.
    (iv) You must develop, and submit with your application, a list of
community service providers, including those that are consumer-
controlled, and include letters of intent to provide services to
residents of the proposed project(s) from as many potential service
providers as possible. You must make this list available to any
residents who wish to be responsible for acquiring their own supportive
services. However, a provider may not require residents to accept any
particular service.
    (v) A detailed description of a comprehensive supportive services
plan that you have organized for those residents who do not wish to
take responsibility for acquiring their own services. Such a plan must
include the following:
    (1) The name(s) of the agency(s) that will be responsible for
providing the supportive services;
    (2) The evidence of each service provider's capability and
experience in providing such supportive services (applicable even if
you will be the service provider);
    (3) A description of how, when, how often, and where (on/off-site)
the services will be provided;
    (4) Identification of the extent of State and/or local agency
involvement in the project (i.e., funding for the provision of
supportive services, referral of residents, or licensing the project).
If there will be any State or local agency involvement, a description
of the State or local agency's philosophy/policy concerning housing for
the population to be served and a demonstration that your application
is consistent with State or local plans and policies governing the
development and operation of housing for the same disabled population;
and
    (5) Letters of intent from service providers (including those that
are consumer-controlled) or funding sources, indicating commitments to
fund or to provide the supportive services, or that a particular
service will be available to proposed residents. If you will be
providing any supportive services or will be coordinating the provision
of any of the supportive services, a letter indicating your commitment
to either provide the supportive services or ensure their provision for
the life of the project.
    (vi) A description of residential staff, if needed.
    (vii) Assurances that any supportive services you provide to
residents who wish to receive them will be based on the resident's
individual needs; and
    (viii) A statement that you will not condition occupancy on the
resident's acceptance of any supportive services.
    (5) A list of the applications, if any, that you have submitted or
are planning to submit to any other HUD Office in response to this
Section 811 funding announcement under this SuperNOFA or announcement
for funding under this SuperNOFA of the Section 202 Program of
Supportive Housing for the Elderly. Indicate, by HUD Office, the number
of units requested and the proposed location by city and State for each
application. Include a list of all FY 1998 and prior year projects to
which you are a party, identified by project number and HUD Office,
which have not been finally closed.
    (6) 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;
    (c) Identifies the staff organization that will carry out the
relocation activities; and
    (d) Identifies all persons that have moved from the site within the
last 12 months. (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, you 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).

    (7) Certifications and Resolutions. In addition to the
certifications listed in the General Section of this SuperNOFA with the
exception of SF-424A, SF-424B, SF-424C, SF-424D and the OMB Circulars
which are not required, you are required to submit signed copies of the
following:
    (a) Standard Form 424. Application for Federal Assistance and
indication of whether you are delinquent on any Federal debt. (See
instructions for submitting this form in the Consolidated Application
Submissions section of the General Section of the SuperNOFA.)
    (b) Drug-Free Workplace (HUD-50070). Certification to provide a
drug-free workplace.
    (c) Payments to Influence Federal Transactions (HUD-50071) and
Standard Form LLL, Disclosure of Lobbying Activities. Certification of
whether any of the funds received will be used to influence any Federal
transactions and disclosure of those activities, if applicable.
    (d) Applicant/Recipient Disclosure/Update Report, including Social
Security Numbers and Employee Identification Numbers, (HUD-2880). A
disclosure of assistance from other government sources received in
connection with the project.
    (e) Employment, Engagement of Services, Awarding or Funding of
Contracts, Subgrants, etc. (24 CFR 24.510).
    (f) Executive Order 12372 Certification. A certification that you
have submitted a copy of your application, if required, to the State
agency (single point of contact) for State review in accordance with
Executive Order 12372.
    (g) Certification of Consistency with the Consolidated Plan (Plan)
(Form HUD-2991) for the jurisdiction in which the proposed project will
be located. 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 by the unit
of general local government if the project will be located within the
jurisdiction of the unit of general local government authorized to use
an abbreviated strategy, and 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 SuperNOFA. The Plan regulations are published in 24 CFR
part 91.
    (h) A certified Board Resolution 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, including 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.
    (i) A Certified Board Resolution Acknowledging Responsibilities of
Sponsorship, long-term support of the project(s), your willingness to
assist the Owner to develop, own, manage and provide appropriate
services in connection with the proposed project,

[[Page 9877]]

and that it reflects the will of your membership, and your 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.
    (j) Certification of Consistency with the EZ/EC Strategic Plan. A
certification that the project is consistent with the EZ/EC strategic
plan, is located within the EZ/EC, and serves EZ/EC residents.
    (k) Sponsor's Combined Certifications. (i) Certification in
Connection with the Development and Operation of a Section 811 Project.
A certification of compliance with the requirements of the Fair Housing
Act, Title VI of the Civil Rights Act, the Age Discrimination Act of
1975, 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
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 including affirmatively
furthering fair housing.
    (ii) Design and Cost Standards. Certification of Compliance with
HUD's Section 811 project design and cost standards (24 CFR 891.120 and
891.310), the Uniform Federal Accessibility Standards (24 CFR 40.7),
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.
    (iii) Acquisition and Relocation. Certification of Compliance with
the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as
amended (49 CFR part 24 and 24 CFR part 891.155(e)).
    (iv) Formation of Owner Corporation. Certification that you will
form an ``Owner'' (24 CFR 891.305) after issuance of the capital
advance; cause the Owner to file a request for determination of
eligibility and a request for capital advance, and provide sufficient
resources to the Owner to insure the development and long-term
operation of the project, including capitalizing the Owner at firm
commitment processing in an amount sufficient to meet its obligations
in connection with the project.
    (v) Supportive Services. Certification that you will not require
residents to accept any supportive services as a condition of
occupancy; and,
    (vi) Davis-Bacon. Certification of compliance with the Davis-Bacon
requirements and the Contract Work Hours and Safety Standards Act.
    (l) Supportive Services Certification. A certification from the
appropriate State or local agency identified in the application kit
indicating whether the:
    (i) Provision of supportive services is well designed to serve the
needs of persons with disabilities the housing is expected to serve;
    (ii) Supportive services will be provided on a consistent, long-
term basis; and
    (iii) Proposed housing is consistent with State or local plans and
policies governing the development and operation of housing to serve
individuals of the proposed occupancy category if the State or local
agency will provide funding for the provision of supportive services,
refer residents to the project or license the project. (The name,
address, and telephone number of the appropriate agency will be
identified in the application kit and can also be obtained from the
appropriate HUD Office.)
    (m) Certification that you 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).

VII. Corrections to Deficient Applications

    The General Section of the SuperNOFA provides the procedures for
corrections to deficient applications.

VIII. Environmental Requirements

    In accordance with 24 CFR part 50, all Section 811 assistance is
subject to the National Environmental Policy Act of 1969 and applicable
related Federal environmental authorities. The environmental review
provisions of the Section 811 Program regulations are in 24 CFR
891.155(b).

IX. 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).

Appendix A--Local HUD Offices

    Note: The first line of the mailing address for all offices is
Department of Housing and Urban Development. Telephone numbers
listed are not toll-free.

HUD--Boston Hub

Hartford Office

One Corporate Center, 19th Floor, Hartford, CT 06106-1860, (860)
240-4800, TTY Number: (860) 240-4665

Boston Office

Room 375, Thomas P. O'Neill, Jr. Federal Building, 10 Causeway
Street, Boston, MA 02222-1092, (617) 565-5234, TTY Number: (617)
565-5453

Manchester Office

Norris Cotton Federal Building, 275 Chestnut Street, Manchester, NH
03101-2487, (603) 666-7681, TTY Number: (603) 666-7518

Providence Office

Sixth Floor, 10 Weybosset Street, Providence, RI 02903-3234, (401)
528-5351, TTY Number: (401) 528-5403

HUD--New York Hub

New York Office

26 Federal Plaza, New York, NY 10278-0068, (212) 264-6500, TTY
Number: (212) 264-0927

HUD--Buffalo Hub

Buffalo Office

Fifth Floor, Lafayette Court, 465 Main Street, Buffalo, NY 14203-
1780, (716) 551-5755, TTY Number: (716) 551-5787

HUD--Philadelphia Hub

Philadelphia Office

The Wanamaker Building, 100 Penn Square East, Philadelphia, PA
19107-3390, (215) 656-0600, TTY Number: (215) 656-3452

Charleston Office

Suite 708, 405 Capitol Street, Charleston, WV 25301-1795, (304) 347-
7000, TTY Number: (304) 347-5332

Newark Office

Thirteenth Floor, One Newark Center, Newark, NJ 07102-5260, (201)
622-7900, TTY Number: (201) 645-3298

Pittsburgh Office

339 Sixth Avenue, Sixth Floor, Pittsburgh, PA 15222-2515, (412) 644-
6428, TTY Number: (412) 644-5747

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HUD--Baltimore Hub

Baltimore Office

Fifth Floor, City Crescent Building, 10 South Howard Street,
Baltimore, MD 21201-2505, (410) 962-2520, TTY Number: (410) 962-0106

Washington Office

820 First Street, NE, Washington, D.C. 20002-4502, (202) 275-9200,
TTY Number: (202) 275-0772

Richmond Office

The 3600 Centre, 3600 West Broad Street, P.O. Box 90331, Richmond,
VA 23230-0331, (804) 278-4507, TTY Number: (804) 278-4501

HUD--Greensboro Hub

Greensboro Office

Koger Building, 2306 West Meadowview Road, Greensboro, NC 27407-
3707, (919) 547-4001, TTY Number: (919) 547-4055

Columbia Office

Strom Thurmond Federal Building, 1835-45 Assembly Street, Columbia,
SC 29201-2480, (803) 765-5592, TTY Number: (803) 253-3071

HUD--Atlanta Hub

Atlanta Office

Richard B. Russell Federal Building, 75 Spring Street, S.W.,
Atlanta, GA 30303-3388, (404) 331-5136, TTY Number: (404) 730-2654

San Juan Office

New San Juan Office Building, 159 Carlos Chardon Avenue, San Juan,
PR 00918-1804, (809) 766-6121, TTY Number: (809) 766-5909

Louisville Office

601 West Broadway, P.O. Box 1044, Louisville, KY 40201-1044, (502)
582-5251, TTY Number: 1-800-648-6056

Knoxville Office

Third Floor, John J. Duncan Federal Building, 710 Locust Street,
Knoxville, TN 37902-2526, (423) 545-4384, TTY Number: (423) 545-4559

Nashville Office

Suite 200, 251 Cumberland Bend Drive, Nashville, TN 37228-1803,
(615) 736-5213, TTY Number: (615) 736-2886

HUD--Jacksonville Hub

Jacksonville Office,

Suite 2200, Southern Bell Tower, 301 West Bay Street, Jacksonville,
FL 32202-5121, (904) 232-2626, TTY Number: (904) 232-1241

Birmingham Office

Suite 300, Beacon Ridge Tower, 600 Beacon Parkway, West, Birmingham,
AL 35209-3144, (205) 290-7617, TTY Number: (205) 290-7630

Jackson Office

Suite 910, Doctor A.H. McCoy Federal Building, 100 West Capitol
Street, Jackson, MS 39269-1096, (601) 965-5308, TTY Number: (601)
965-4171

HUD--Chicago Hub

Chicago Office

Ralph H. Metcalfe Federal Building, 77 West Jackson Boulevard,
Chicago, IL 60604-3507, (312) 353-5680, TTY Number: (312) 353-5944

Indianapolis Office

151 North Delaware Street, Indianapolis, IN 46204-2526, (317) 226-
6303, TTY Number: (317) 226-7081

HUD--Detroit

Detroit Office

Patrick V. McNamara Federal Building, 477 Michigan Avenue, Detroit,
MI 48226-2592, (313) 226-7900, TTY Number: (313) 226-6899

HUD--Columbus Hub

Columbus Office

200 North High Street, Columbus, OH 43215-2499, (614) 469-5737, TTY
Number: (614) 469-6694

CLeveland Office

Fifth Floor, Renaissance Building, 1350 Euclid Avenue, Cleveland, OH
44115-1815, (216) 522-4065, TTY Number: (216) 522-2261

HUD--Minneapolis Hub

Minneapolis Office

220 Second Street, South, Minneapolis, MN 55401-2195, (612) 370-
3000, TTY Number: (612) 370-3186

Milwaukee Office

Suite 1380, Henry S. Reuss Federal Plaza, 310 West Wisconsin Avenue,
Milwaukee, WI 53203-2289, (414) 297-3214, TTY Number: (414) 297-3123

HUD--Ft. Worth Hub

Little Rock Office

Suite 900, TCBY Tower, 425 West Capitol Avenue, Little Rock, AR
72201-3488, (501) 324-5931, TTY Number: (501) 324-5931

New Orleans Office

Ninth Floor, Hale Boggs Federal Building 501 Magazine Street, New
Orleans, LA 70130-3099, (504) 589-7200, TTY Number: (504) 589-7279

Ft. Worth Office

1600 Throckmorton Street, P.O. Box 2905, Fort Worth, TX 76113-2905,
(817) 978-9000, TTY Number: (817) 978-9273

Houston Office

Suite 200, Norfolk Tower 2211 Norfolk, Houston, TX 77098-4096, (713)
313-2274, TTY Number: (713) 834-3274

San Antonio Office

Washington Square, 800 Dolorosa Street, San Antonio, TX 78207-4563,
(210) 472-6800, TTY Number: (210) 472-6885

HUD--Great Plains

Des Moines Office

Room 239, Federal Building, 210 Walnut Street, Des Moines, IA 50309-
2155, (515) 284-4512, TTY Number: (515) 284-4728

Kansas City Office

Room 200, Gateway Tower II, 400 State Avenue, Kansas City, KS 66101-
2406, (913) 551-5462, TTY Number: (913) 551-6972

Omaha Office

Executive Tower Centre, 10909 Mill Valley Road, Omaha, NE 68154-
3955, (402) 492-3100, TTY Number: (402) 492-3183

Saint Louis Office

Third Floor, Robert A. Young Federal Building, 1222 Spruce Street,
St. Louis, MO 63103-2836, (314) 539-6583, TTY Number: (314) 539-6331

Oklahoma City Office

500 Main Plaza, 500 West Main Street, Suite 400, Oklahoma City, OK
73102-2233, (405) 553-7400, TTY Number: (405) 553-7480

HUD--Denver Hub

Denver Office

633 17th Street, Denver, CO 80202-3607, (303) 672-5440, TTY Number:
(303) 672-5248

HUD--San Francisco Hub

Phoenix Office

Suite 1600, Two Arizona Center, 400 North 5th Street, Phoenix, AZ
85004-2361, (602) 379-4434, TTY Number: (602) 379-4464

San Francisco 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, TTY Number: (415) 436-6594

Honolulu Office

Suite 500, 7 Waterfront Plaza, 500 Ala Moana Boulevard, Honolulu, HI
96813-4918, (808) 522-8175, TTY Number: (808) 522-8193

HUD--Los Angeles Hub

Los Angeles Office

611 West 6th Street, Suite 800, Los Angeles, CA 90015-3801, (213)
894-8000, TTY Number: (213) 894-8133

HUD--Seattle Hub

Portland Office

400 Southwest Sixth Avenue, Suite 700, Portland, OR 97204-1632,
(503) 326-2561, TTY Number: (503) 326-3656

BILLING CODE 4210-32-P

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    [GRAPHIC] [TIFF OMITTED] TN26FE99.052

BILLING CODE 4210-32-C

[[Page 9880]]

Appendix A To SuperNOFA--HUD Field Office Contact Information

    While all Field Offices have staff who can answer your general
questions about the SuperNOFA, not all offices have specialists who
can provide detailed technical guidance. Applicants should look to
the SuperNOFAs for contact numbers for information on specific
programs. Office Hour listings are local time. Persons with hearing
or speech impediments may access any of these numbers via TTY by
calling the Federal Relay Service at 1-800-877-8339.

New England

Connecticut State Office, One Corporate Center, 19th Floor,
Hartford, CT 06103-3220, 860-240-4800, Office Hours: 8:00-4:30 PM
Maine State Office, 202 Harlow Street, Chase Bldg. Suite 101, P.O.
Box 1384, Bangor, ME 04402-1384, 207-945-0467, Office Hours: 8:00
AM-4:30 PM
Massachusetts State Office, Thomas P. O'Neill, Jr., Federal
Building, 10 Causeway Street, Room 375, Boston, MA 02222-1092, 617-
565-5234, Office Hours: 8:30 AM-5:00 PM
New Hampshire State Office, Norris Cotton Federal Building, 275
Chestnut Street, Manchester, NH 03101-2487, 603-666-7681, Office
Hours: 8:00 AM-4:30 PM
Rhode Island State Office, Sixth Floor, 10 Weybosset Street, 6th
floor, Providence, RI 02903-2808, 401-528-5230, Office Hours: 8:00
AM-4:30 PM
Vermont State Office, U.S. Federal Building, Room 237, 11 Elmwood
Avenue, P.O. Box 879, Burlington, VT 05402-0879, 802-951-6290,
Office Hours: 8:00 AM-4:30 PM

New York/New England

Albany Area Office, 52 Corporate Circle, Albany, NY 12203-5121, 518-
464-4200, Office Hours: 8:00 AM-4:30 PM
Buffalo Area Office, Lafayette Court, 465 Main Street, Fifth Floor,
Buffalo, NY 14203-1780, 716-551-5755, Office Hours: 8:00 AM-4:30 PM
Camden Area Office, Hudson Building, 800 Hudson Square, Second
Floor, Camden, NJ 08102-1156, 609-757-5081, Office Hours: 8:00 AM-
4:30 PM
New Jersey State Office, One Newark Center, 13th Floor, Newark, NJ
07102-5260, 973-622-7900, Office Hours: 8:00 AM-4:30 PM
New York State Office, 26 Federal Plaza, New York, NY 10278-0068,
212-264-6500, Office Hours: 8:30 AM-5:00 PM

Mid Atlantic

Delaware State Office, 824 Market Street, Suite 850, Wilmington, DE
19801-3016, 302-573-6300, Office Hours: 8:00 AM-4:30 PM
District of Columbia Office, 820 First Street, N.E., 3rd Floor,
Washington, DC 20002-4205, 202-275-9200, Office Hours: 8:00 AM-4:30
PM
Maryland State Office, City Crescent Building, 10 South Howard
Street, Fifth Floor, Baltimore, MD 21201-2505, 410-962-2520, Office
Hours: 8:00 AM-4:30 PM
Pennsylvania State Office, The Wanamaker Building, 100 Penn Square
East, Philadelphia, PA 19107-3380, 215-656-0600, Office Hours: 8:00
AM-4:30 PM
Pittsburgh Area Office, 339 Sixth Avenue, Sixth Floor, Pittsburgh,
PA 15222-2515, 412-644-6428, Office Hours: 8:00 AM-4:30 PM
Virginia State Office, The 3600 Centre, 3600 West Broad Street,
Richmond, VA 23230-4920, 804-278-4539, Office Hours: 8:00 AM-4:30 PM
West Virginia State Office, 405 Capitol Street, Suite 708,
Charleston, WV 25301-1795, 304-347-7000, Office Hours: 8:00 AM-4:30
PM

Southeast/Caribbean

Alabama State Office, Beacon Ridge Tower, 600 Beacon Parkway West,
Suite 300, Birmingham, AL 35209-3144, 205-290-7617, Office Hours:
8:00 AM-4:30 PM
Caribbean Office, New San Juan Office Building, 159 Carlos E.
Chardon Avenue, San Juan, PR 00918-1804, 787-766-5201, Office,
Hours: 8:00 AM-4:30 PM
Florida State Office, 909 Southeast First Avenue, Rm. 500, Miami, FL
33131, 305-536-4421, Office Hours: 8:30 AM-5 PM
Georgia State Office, Richard B. Russell Federal Building, 75 Spring
Street, S.W., Atlanta, GA 30303-3388, 404-331-5136, Office Hours:
8:00 AM-4:30 PM
Jacksonville Area Office, Southern Bell Tower, 301 West Bay Street,
Suite 2200, Jacksonville, FL 32202-5121, 904-232-2627, Office Hours:
8:00 AM-4:30 PM
Kentucky State Office, 601 West Broadway, P.O. Box 1044, Louisville,
KY 40201-1044, 502-582-5251, Office Hours: 8:00 AM-4:45 PM
Knoxville Area Office, John J. Duncan Federal Building, 710 Locust
Street, 3rd Floor, Knoxville, TN 37902-2526, 423-545-4384, Office
Hours: 7:30 AM-4:15 PM
Memphis Area Office, One Memphis Place, 200 Jefferson Avenue, Suite
1200, Memphis, TN 38103-2335, 901-544-3367, Office Hours: 8:00 AM-
4:30 PM
Mississippi State Office, Doctor A. H. McCoy Federal Building, 100
West Capital Street, Room 910, Jackson, MS 39269-1096, 601-965-4738,
Office Hours: 8:00 AM-4:45 PM
North Carolina State Office, Koger Building, 2306 West Meadowview
Road, Greensboro, NC 27401-3707, 910-547-4000, Office Hours: 8:00
AM-4:45 PM
Orlando Area Office, Langley Building, 3751 Maguire Blvd, Suite 270,
Orlando, FL 32803-3032, 407-648-6441, Office Hours: 8:00 AM-4:30 PM
South Carolina State Office, Strom Thurmond Federal Building, 1835
Assembly Street, Columbia, SC 29201-2480, 803-765-5592, Office
Hours: 8:00 AM-4:45 PM
Tampa Area Office, Timberlake Federal Building Annex, 501 East Polk
Street, Suite 700, Tampa, FL 33602-3945, 813-228-2501, Office Hours:
8:00 AM-4:30 PM
Tennessee State Office, 251 Cumberland Bend Drive, Suite 200,
Nashville, TN 37228-1803, 615-736-5213, Office Hours: 8:00 AM-4:30
PM

Midwest

Cincinnati Area Office, 525 Vine Street, 7th Floor, Cincinnati, OH
45202-3188, 513-684-3451, Office Hours: 8:00 AM-4:45 PM
Cleveland Area Office, Renaissance Building, 1350 Euclid Avenue,
Suite 500, Cleveland, OH 44115-1815, 216-522-4065, Office Hours:
8:00 AM-4:40 PM
Flint Area Office, The Federal Building, 605 North Saginaw, Suite
200, Flint, MI 48502-2043, 810-766-5108, Office Hours: 8:00 AM-4:30
PM
Grand Rapids Area Office, Trade Center Building, 50 Louis Street,
NW, 3rd Floor, Grand Rapids, MI 49503-2648, 616-456-2100, Office
Hours: 8:00 AM-4:30 PM
Illinois State Office, Ralph H. Metcalfe Federal Building, 77 West
Jackson Blvd, Chicago, IL 60604-3507, 312-353-5680, Office Hours:
8:15 AM-4:45 PM
Springfield Area Office, 320 W. Washington Street, Springfield, IL
62701, 217-492-4120, Office Hours: 8:15 AM-4:45 pm
Indiana State Office, 151 North Delaware Street, Indianapolis, IN
46204-2526, 317-226-6303, Office Hours: 8:00 AM-4:45 PM
Michigan State Office, Patrick V. McNamara Federal Building, 477
Michigan Avenue, Detroit, MI 48226-2592, 313-226-7900, Office Hours:
8:00 AM-4:30 PM
Minnesota State Office, 220 Second St., South, Minneapolis, MN
55401-2195, 612-370-3000, Office Hours: 8:00 AM-4:30 PM
Ohio State Office, 200 North High Street, Columbus, OH 43215-2499,
614-469-5737, Office Hours: 8:00 AM-4:45 PM
Wisconsin State Office, Henry S. Reuss Federal Plaza, 310 West
Wisconsin Avenue, Suite 1380, Milwaukee, WI 53203-2289, 414-297-
3214, Office Hours: 8:00 AM-4:30 PM

Southwest

Arkansas State Office, TCBY Tower, 425 West Capitol Avenue, Suite
900, Little Rock, AR 72201-3488, 501-324-5931, Office Hours: 8:00
AM-4:30 PM
Dallas Area Office, Maceo Smith Federal Building, 525 Griffin
Street, Room 860, Dallas, TX 75202-5007, 214-767-8359, Office Hours:
8:00 AM-4:30 PM
Houston Area Office, Norfolk Tower, 2211 Norfolk, Suite 200,
Houston, TX 77098-4096, 713-313-2274, Office Hours: 7:45 AM-4:30 PM
Louisiana State Office, Hale Boggs Federal Building, 501 Magazine
Street, 9th Floor, New Orleans, LA 70130-3099, 504-589-7201, Office
Hours: 8:00 AM-4:30 PM
Lubbock Area Office, George H. Mahon Federal Building and United
States Courthouse, 1205 Texas Avenue, Lubbock, TX 79401-4093, 806-
472-7265, Office Hours: 8:00 AM-4:45 PM
New Mexico State Office, 625 Silver Avenue S.W., Suite 100,
Albuquerque, NM 87102, 505-346-6463, Office Hours: 8:00 A.M.-5:00 PM
Oklahoma State Office, 500 West Main Street, Suite 400, Oklahoma
City, OK 73102, 405-553-7401, Office Hours: 8:00 AM-4:30 PM
San Antonio Area Office, Washington Square, 800 Dolorosa Street, San
Antonio, TX 78207-4563, 210-472-6800, Office Hours: 8:00 AM-4:30 PM
Shreveport Area Office, 401 Edwards Street, Suite 1510, Shreveport,
LA 71101-3289, 318-676-3385, Office Hours: 7:45 AM-4:30 PM
Texas State Office, 1600 Throckmorton Street, P.O. Box 2905, Fort
Worth, TX 76113-2905, 817-978-9000, Office Hours: 8:00 AM-4:30 PM

[[Page 9881]]

Tulsa Area Office, 50 East 15th Street, Tulsa, OK 74119-4030, 918-
581-7434, Office Hours: 8:00 AM-4:30 PM

Great Plains

Iowa State Office, Federal Building, 210 Walnut Street, Room 239,
Des Moines, IA 50309-2155, 515-284-4512, Office Hours: 8:00 AM-4:30
PM
Kansas/Missouri State Office, Gateway Tower II, 400 State Avenue,
Kansas City, KS 66101-2406, 913-551-5462, Office Hours: 8:00 AM-4:30
PM
Nebraska State Office, Executive Tower Centre, 10909 Mill Valley
Road, Omaha, NE 68154-3955, 402-492-3100, Office Hours: 8:00 AM-4:30
PM
St. Louis Area Office, Robert A. Young Federal Building, 1222 Spruce
Street, 3rd Floor, St. Louis, MO 63103-2836, 314-539-6583, Office
Hours: 8:00 AM-4:30 PM

Rocky Mountains

Colorado State Office, 633--17th Street, 14th Floor, Denver, CO
80202-3607, 303-672-5440, Office Hours: 8:00 AM-4:30 PM
Montana State Office, Federal Office Building, 301 South Park, Room
340, Drawer 10095, Helena, MT 59626-0095, 406-441-1298, Office
Hours: 8:00 AM-4:30 PM
North Dakota State Office, Federal Building, P.O. Box 2483, 657
Second Avenue North, Rm 366, Fargo, ND 58108-2483, 701-239-5136,
Office Hours: 8:00 AM-4:30 PM
South Dakota State Office, 2400 West 49th Street, Suite I-201, Sioux
Falls, SD 57105-6558, 605-330-4223, Office Hours: 8:00 AM-4:30 PM
Utah State Office, 257 Tower Building, 257 East--200 South, Suite
550, Salt Lake City, UT 84111-2048, 801-524-3323, Office Hours: 8:00
AM-4:30 PM
Wyoming State Office, Federal Office Building, 100 East B Street,
Room 4229, Casper, WY 82601-1918, 307-261-6250, Office Hours: 8:00
AM-4:30 PM

Pacific/Hawaii

Arizona State Office, Two Arizona Center, 400 North 5th Street,
Suite 1600, Phoenix, AZ 85004, 602-379-4434, Office Hours: 8:00 AM-
4:30 PM
California State Office, Philip Burton Federal Building and U.S.
Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102-3448,
415-436-6550, Office Hours: 8:15 AM-4:45 PM
Fresno Area Office, 2135 Fresno Street, Suite 100, Fresno, CA 93721-
1718, 209-487-5033, Office Hours: 8:00 AM-4:30 PM
Hawaii State Office, Seven Waterfront Plaza, 500 Ala Moana
Boulevard, Suite 500, Honolulu, HI 96813-4918, 808-522-8175, Office
Hours: 8:00 AM-4:00 PM
Los Angeles Area Office, 611 West 6th Street, Suite 800, Los
Angeles, CA 90017-3127, 213-894-8000, Office Hours: 8:00 AM-4:30 PM
Nevada State Office, 333 North Rancho Drive, Suite 700, Las Vegas,
NV 89106-3714, 702-388-6525, Office Hours: 8:00 AM-4:30 PM
Reno Area Office, 3702 South Virginia Ave, Suite G-2, Reno, NV
89502, 702-784-5356, Office Hours: 8:00 AM-4:30 PM
Sacramento Area Office, 925 L Street, Sacramento, CA 95814-1997,
916-498-5220, Office Hours: 8:00 AM-4:30 PM
San Diego Area Office, Mission City Corporate Center, 2365 Northside
Drive, Suite 300, San Diego, CA 92108-2712, 619-557-5310, Office
Hours: 8:00 AM-4:30 PM
Santa Ana Area Office, 1600 Broadway, Suite 100, Santa Ana, CA
92706-3927, 1-888-827-5605, 714-796-1200, Office Hours: 8:00 AM-4:30
PM
Tucson Area Office, Security Pacific Bank Plaza, 33 North Stone
Avenue, Suite 700, Tucson, AZ 85701-1467, 520-670-6237, Office
Hours: 8:00 AM-4:30 PM

Northwest/Alaska

Alaska State Office, University Plaza Building, 949 East 36th
Avenue, Suite 401, Anchorage, AK 99508-4399, 907-271-4170, Office
Hours: 8:00 AM-4:30 PM
Idaho State Office, Plaza IV, 800 Park Boulevard, Suite 220, Boise,
ID 83712-7743, 208-334-1990, Office Hours: 8:00 AM-4:30 PM
Oregon State Office, 400 Southwest Sixth Avenue, Suite 700,
Portland, OR 97204-1632, 503-326-2561, Office Hours: 8:00 AM-4:30 PM
Spokane Area Office, US Courthouse Bldg., 920 W. Riverside, Suite
588, Spokane, WA 99201-1010, 509-353-0674, Office Hours: 8:00 AM-
4:30 PM
Washington State Office, Seattle Federal Office Building, 909 1st
Avenue, Suite 200, Seattle, WA 98104-1000, 206-220-5101, Office
Hours: 8:00 AM-4:30 PM

[FR Doc. 99-4476 Filed 2-25-99; 8:45 am]
BILLING CODE 4210-32-P