66 FR 12301 by 2b5145a4cf5ae297

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									                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                          12301




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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                           12303

     FUNDING AVAILABILITY FOR THE                               3. Applications for projects proposed              their attendance and participation in the
     SECTION 811 PROGRAM OF                                  to be located within the jurisdiction of              workshop.
     SUPPORTIVE HOUSING FOR                                  the Cincinnati, Ohio Office must be                     If you cannot attend the workshop,
     PERSONS WITH DISABILITIES                               submitted to the Columbus, Ohio Office.               call the appropriate HUD Office if you
     (SECTION 811 PROGRAM)                                      4. Applications for projects proposed              have any questions regarding the
                                                             to be located within the jurisdiction of              submission of applications to that
     Program Overview
                                                             the Washington, DC Office must be                     particular office and to request any
        Purpose of the Program. This program                 submitted to the Baltimore, Maryland                  materials distributed at the workshop.
     provides funding for supportive housing                 Office.                                                 Satellite Broadcast. HUD will hold an
     for very low-income persons with                           The application kit also includes a                information broadcast via satellite for
     disabilities who are at least 18 years old.             listing of the Multifamily Hubs and                   potential applicants to learn more about
     (Please note that funding for a related                 Program Centers, their addresses and                  the program and preparation of the
     program, Mainstream Housing                             telephone numbers, including TTY                      application. For more information about
     Opportunities for Persons with                          numbers. This information is also                     the date and time of the broadcast, you
     Disabilities, is found elsewhere in this                available from HUD’s SuperNOFA                        should consult the HUD web site at
     SuperNOFA.)                                             Information Center at 1–800–HUD–8929
        Available Funds. Approximately                                                                             http://www.hud.gov.
                                                             and from the Internet through the HUD
     $121.2 million.                                         web site at http://www.hud.gov.                       II. Amount Allocated
        Eligible Applicants. Nonprofit                       Persons with hearing or speech
     organizations that have a section                                                                               For FY 2001 $121,249,712 for capital
                                                             impairments may call the Center’s TTY                 advances is available for the Section 811
     501(c)(3) tax exemption from the                        number at 1–800–HUD–2209.
     Internal Revenue Service (See Section                                                                         Program of Supportive Housing for
                                                                For Application Kits. For an
     III(A) of this NOFA). (See Section IX of                                                                      Persons with Disabilities. The FY 2001
                                                             application kit and any supplemental
     this NOFA for information regarding the                                                                       HUD Appropriations Act (HUD
                                                             information, please call HUD’s
     formation of the Owner corporation.)                                                                          Appropriations Act) provides
                                                             SuperNOFA Information Center at 1–
        Eligible Activities. New construction,                                                                     $217,000,000 for capital advances,
                                                             800–HUD–8929. Persons with hearing
     rehabilitation, or acquisition of housing                                                                     including amendments to capital
                                                             or speech impairments may call the
     (see Section III(C) of this NOFA).                      Center’s TTY number at 1–800–HUD–                     advance contracts; for supportive
        Application Deadline. May 25, 2001.                  2209. When requesting an application                  housing for persons with disabilities, as
        Match Requirements. No.                              kit, please refer to the Section 811                  authorized by section 811 of the
                                                             Program and provide your name,                        National Affordable Housing Act of
     Additional Information
                                                             address (including zip code), and                     1990 (NAHA); and for project rental
       If you are interested in applying for                                                                       assistance, including amendments to
     funding under this program, please                      telephone number (including area code).
                                                             The application kit also will be                      contracts for project rental assistance,
     review carefully the General Section of                                                                       for supportive housing for persons with
     this SuperNOFA and the following                        available on the Internet through the
                                                             HUD web site at http://www.hud.gov                    disabilities under section 811 of the
     additional information.                                                                                       NAHA. Of this amount, $500,000 shall
                                                             and from the appropriate Multifamily
     I. Application Due Date, Application                    Hub Office or Multifamily Program                     be transferred to the Working Capital
     Kits, Further Information, and                          Center.                                               Fund for the development and
     Technical Assistance                                       For Further Information and                        maintenance of information technology
                                                             Technical Assistance. You may contact                 systems.
        Application Due Date. Submit your
                                                             the appropriate Multifamily Hub Office                  Twenty-five percent (25%) of the
     completed application on or before 6:00
                                                             or Multifamily Program Center, Gail                   $217,000,000 or $54.25 million is being
     pm, local time, on May 25, 2001, at the
                                                             Williamson at HUD Headquarters at                     set aside for tenant-based rental
     address shown below.
        See the General Section of this                      (202) 708–2866, or access the Internet at             assistance for persons with disabilities
     SuperNOFA for specific procedures                       http://www.hud.gov.                                   administered through public housing
     governing the form of application                          HUD encourages minority                            agencies (PHAs) and nonprofit
     submission (e.g., mailed applications,                  organizations to participate in this                  organizations under the Mainstream
     express mail, overnight delivery, or                    program and strongly recommends                       Housing Opportunities for Persons with
     hand carried).                                          prospective applicants attend the local               Disabilities Program which is found
        Address for Submitting Applications.                 HUD Office workshop. At the                           elsewhere in this SuperNOFA.
     Submit your completed application (an                   workshops, HUD will explain                             In accordance with the waiver
     original and four copies) to the Director               application procedures and                            authority provided in the HUD
     of the appropriate Multifamily Hub                      requirements, as well as address                      Appropriations Act, the Secretary is
     Office or Multifamily Program Center as                 concerns such as local market                         waiving the following statutory and
     listed in Appendix A to this program                    conditions, building codes and                        regulatory provision: The term of the
     section of the SuperNOFA with the                       accessibility requirements, historic                  project rental assistance contract is
     following exceptions:                                   preservation, floodplain management,                  reduced from 20 years to 5 years. HUD
        1. Applications for projects proposed                displacement and relocation, zoning,                  anticipates that at the end of the
     to be located within the jurisdiction of                and housing costs. If you are interested              contract terms, renewals will be
     the Seattle, Washington and the                         in attending the workshop, make sure                  approved subject to the availability of
     Anchorage, Alaska Offices must be                       that your name, address and telephone                 funds. In addition to this provision,
     submitted to the Portland, Oregon                       number are on the appropriate HUD                     HUD will reserve project rental
     Office.                                                 Office’s mailing list so that you will be             assistance contract funds based on 75
        2. Applications for projects proposed                informed of the date, time and place of               percent rather than on 100 percent of
     to be located within the jurisdiction of                the workshop. Persons with disabilities               the current operating cost standards for
     the Sacramento, California Office must                  should call the appropriate HUD Office                approved units in order to take into
     be submitted to the San Francisco,                      to assure that any necessary                          account the average tenant contribution
     California Office.                                      arrangements can be made to enable                    toward rent.


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     12304                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

       The allocation formula used for                       person to go outside the home alone.                  on the allocation formula fair share
     Section 811 reflects the ‘‘relevant                     This includes outside activities, such as             factors described below.
     characteristics of prospective program                  shopping or visiting a doctor’s office. A               The fair share factors were developed
     participants,’’ as specified in 24 CFR                  self-care limitation is defined as a health           by taking the sum of the number of
     791.402(a). The FY 2001 formula                         care limitation that had lasted for 6 or              persons in each of the two elements for
     consists of two data elements from the                  more months which made it difficult for               each state, or state portion, of each local
     1990 Decennial Census: (1) the number                   the person to take care of his/her own                HUD Office jurisdiction as a percent of
     of non-institutionalized persons age 16                 personal needs such as dressing,                      the sum of the two data elements from
     or older with a work disability and a                   bathing, or getting around inside the                 the Decennial Census, described above,
     mobility or self-care limitation and (2)                home. Temporary (short term) problems                 for the total United States. The resulting
     the number of non-institutionalized                     such as broken bones that are expected                percentage for each local HUD Office is
     persons age 16 or older having a                        to heal normally are not considered                   then adjusted to reflect the relative cost
     mobility or self-care limitation but                    problems.                                             of providing housing among the local
     having no work disability.                                 Under the Section 811 Program, each                HUD Office jurisdictions. The adjusted
        A work disability is defined as a                    HUD Office jurisdiction receives                      needs percentage for each local HUD
     health condition that had lasted for 6 or               sufficient capital advance funds for a                Office is then multiplied by the total
     more months which limited the kind                      minimum of 10 units. The total amount                 amount of capital advance funds
     (restricted the choice of jobs) or amount               of capital advance funds to support this              available nationwide.
     (not able to work full time) of work a                  minimum set-aside is then subtracted                    The Section 811 capital advance
     person could do at a job or business. A                 from the total capital advance available.             funds have been allocated, based on the
     mobility limitation is defined as a                     The remainder is fair shared to each                  formula above, to 51 local HUD Offices
     health condition that lasted for 6 or                   HUD Office jurisdiction whose fair                    as shown on the following chart:
     more months, making it difficult for the                share would exceed the set-aside based                BILLING CODE 4210–32–P




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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                          12305




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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                          12307




     BILLING CODE 4210–32–C




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     12308                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

     III. Program Description; Eligible                      applications are considered a single                  capitalized operating costs associated
     Applicants; Eligible Activities                         entity for the purpose of these limits.               with any excess amenities and design
        (A) Program Description. HUD                           (C) Eligible Activities. The types of               features you will pay for) may not
     provides capital advances and contracts                 housing that can be developed with                    exceed:
     for project rental assistance in                        Section 811 capital advance funds                     Non-elevator structures:
     accordance with 24 CFR part 891.                        include independent living projects,                    $41,238 per family unit without a
     Capital advances may be used to                         dwelling units in multifamily housing                      bedroom;
     construct, rehabilitate, or acquire                     developments, condominium and                           $47,548 per family unit with one
     structures (including structures from the               cooperative housing and small group                        bedroom;
     Federal Deposit Insurance Corporation                   homes.                                                  $57,344 per family unit with two
     (formerly held by the Resolution Trust                    (D) Ineligible Activities. Section 811                   bedrooms;
     Corporation) (FDIC/RTC)), to be                         funds may not be used for any of the                    $73,400 per family unit with three
     developed into a variety of housing                     following:                                                 bedrooms;
                                                               (1) Nursing homes, infirmaries and                    $81,770 per family unit with four
     options described in Section III(C)
                                                             medical facilities;                                        bedrooms.
     below. Capital advance funds may also
                                                               (2) Transitional housing facilities;
     be used in combination with other non-                                                                        For elevator structures:
                                                               (3) Manufactured housing facilities;
     Section 811 funding sources to develop                    (4) Intermediate care facilities;                     $43,398 per family unit without a
     additional units for amixed-finance or                    (5) Community centers, with or                           bedroom;
     mixed-use project, provided that the                    without special components for use by                   $49,748 per family unit with one
     additional units: (1) do not exceed the                 persons with disabilities;                                 bedroom;
     project size limits for the type of project               (6) Sheltered workshops and centers                   $60,493 per family unit with two
     proposed (unless a request for an                       for persons with disabilities;                             bedrooms;
     exception to the project size limits is                   (7) Headquarters for organizations for                $78,257 per family unit with three
     requested and approved by HUD), or (2)                  persons with disabilities; and                             bedrooms;
     will house people who do not have a                       (8) Refinancing of Sponsor-owned                      $85,902 per family unit with four
     disability. Capital advance funds bear                  facilities without rehabilitation.                         bedrooms.
     no interest and are based on                                                                                    (b) For group homes only:
     development cost limits published in                    IV. Program Requirements
     this SuperNOFA. Repayment of the                           In addition to the program                                            TYPE OF DISABILITY
     capital advance is not required as long                 requirements listed in the General
     as the housing remains available for at                 Section of this SuperNOFA, you must                                                Physical/de-   Chronic
     least 40 years for occupancy by very                    comply with the following                                 # Residents                             mental
                                                                                                                                                velopmental    illness
     low-income persons with disabilities.                   requirements:
     Project rental assistance contract (PRAC)                  (A) Statutory Requirements and                     2   ....................         $166,022    $160,262
     funds are used to cover the difference                  Regulatory Requirements. You must                     3   ....................          178,533     172,340
     between the tenants’ contributions                      comply with all statutory and regulatory              4   ....................          191,045     183,069
     toward rent (30 percent of adjusted                     requirements listed in Sections III, IV               5   ....................          203,556     193,798
     income) and the HUD-approved cost to                    and X of this program section of the                  6   ....................          216,054     204,527
     operate the project.                                    SuperNOFA.
       Note: For purposes of approving Section                  (B) HUD/RHS Agreement. HUD and                       (c) These cost limits reflect those costs
     811 capital advances, HUD will consider                 the Rural Housing Service (RHS) have                  reasonable and necessary to develop a
     proposals involving mixed-financing or a                an agreement to coordinate the                        project of modest design that complies
     mixed-use purpose for additional units.                 administration of the agencies’                       with HUD minimum property
     However, you must obtain funds to assist the            respective rental assistance programs.                standards; the minimum group home
     additional units with other than PRAC funds.            As a result, HUD is required to notify                requirements of 24 CFR 891.310(a) (if
     HUD will not provide PRAC funds for non-                RHS of applications for housing                       applicable); the accessibility
     Section 811 units.                                      assistance it receives. This notification             requirements of 24 CFR 891.120(b) and
        (B) Eligible Applicants. Nonprofit                   gives RHS the opportunity to comment                  891.310(b); and the project design and
     organizations with a section 501(c)(3)                  if it has concerns about the demand for               cost standards of 24 CFR 891.120.
     tax exemption from the Internal                         additional assisted housing and possible                (2) Increased development cost limits.
     Revenue Service are the only eligible                   harm to existing projects in the same                   (a) HUD may increase the
     applicants for this program. A Sponsor                  housing market area. HUD will consider                development cost limits set forth in
     or Co-sponsor may not apply for more                    RHS comments in its review and                        Section IV(C)(1) of this program section
     than 70 units of housing or 4 projects                  application selection process.                        of the SuperNOFA by up to 140 percent
     (whichever is less) for persons with                       (C) Development Cost Limits. (1) The               in any geographic area where the cost
     disabilities in a single Hub. In addition,              following development cost limits,                    levels require, and may increase the
     a Sponsor or Co-sponsor may not apply                   adjusted by locality as described in                  development cost limits by up to 160
     for more units in a given HUD Office                    Section IV(C)(2) below, must be used to               percent on a project-by-project basis.
     than allocated for the Section 811                      determine the capital advance amount                  This increase may include covering
     program in that HUD Office, or for more                 reserved for projects for persons with                additional costs to make dwelling units
     than 10 percent of the total units                      disabilities:                                         accessible through rehabilitation.
     allocated in all HUD offices. A single                     (a) For independent living projects                  (b) If HUD finds that high
     application must propose at least five                  and dwelling units in multifamily                     construction costs in Alaska, Guam, the
     units, not necessarily in one structure if              housing developments, condominium                     Virgin Islands or Hawaii make it
     the project will be an independent                      and cooperative housing: The total                    infeasible to construct dwellings,
     living project and two units if the                     development cost of the project                       without the sacrifice of sound standards
     project will be a group home. Affiliated                attributable to dwelling use (less the                of construction, design, and livability,
     entities that submit separate                           incremental development cost and the                  within the development cost limits


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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                            12309

     provided in Section IV(C)(1) of this                    facilities, transportation, places of                    (1) HUD will reject your application if
     program section of the SuperNOFA, the                   worship, recreational facilities, places of           the supportive services certification:
     amount of capital advances may be                       employment and other necessary                           (i) Is not submitted with your
     increased to compensate for such costs.                 services to the intended tenants.                     application and is not submitted to HUD
     The increase may not exceed the limits                     (4) To meet the ‘‘proximity’’ or                   within the 14-day cure period; or
     established under this section                          ‘‘accessibility’’ test, you must                         (ii) Indicates that the provision of
     (including any high cost area                           demonstrate that community services                   supportive services is not well designed
     adjustment) by more than 50 percent.                    and amenities described above are                     to address the individual health, mental
        (c) For group homes only, HUD                        either near or accessible to the residents.           health and other needs of persons with
     Offices may approve increases in the                    Sites where the community services and                disabilities who will live in your
     development cost limits in Section                      amenities described above are either                  project; or
     IV(C)(1)(b), above, in areas where you                  near or accessible to the residents other                (iii) Indicates that the provision of
     can provide sufficient documentation                    than solely by a project residence or                 supportive services will not enhance
     that high land costs limit or prohibit                  private vehicle will be rated more                    independent living success or promote
     project feasibility. An example of                      favorably than sites where residents                  the dignity of the persons with
     acceptable documentation is evidence of                 must depend upon the project residence                disabilities who will live in your
     at least three land sales which have                    or private vehicle to access such                     proposed project.
     actually taken place (listed prices for                 community services and amenities.                        (2) In addition, if the agency
     land are not acceptable) within the last                Your application will also be evaluated               completing the certification will be a
     two years in the area where your project                to determine whether it complies with                 major funding or referral source for your
     is to be built. The average cost of the                 the site and neighborhood standards in                proposed project or be responsible for
     documented sales must exceed ten                        24 CFR 891.125.                                       licensing the project, HUD will reject
     percent of the development cost limit                      (5) Criterion (a)(iii) relates to the              your application if either the agency’s
     for your project in order for an increase               existence of legally acceptable site                  supportive services certification
     to be considered.                                       control. If you:                                      indicates—or, where the agency fails to
        (D) Sites. (1) NAHA requires you to                                                                        complete item 3 or 4 of the certification,
                                                                (a) Submit evidence of site control for
     provide in your application either:                                                                           HUD determines that:
        (a) Evidence of site control, or                     all proposed sites in your application,
                                                                                                                      (i) You failed to demonstrate that
        (b) A reasonable assurance that you                     (b) The evidence is determined to be
                                                                                                                   supportive services will be available on
     will have control of a site within six                  legally acceptable for all of the sites, and
                                                                                                                   a consistent long-term basis; and/or
     months of notification of fund                             (c) All of the sites are approvable (i.e.,            (ii) The proposed housing is not
     reservation.                                            receive a score of 1 or higher for                    consistent with State or local agency
        (2) Accordingly, if you have control of              Criterion (a)(i), your application will               plans/policies addressing the housing
     a site at the time you submit your                      receive 5 points for Criterion (a)(iii).              needs of people with disabilities.
     application, you must include evidence                     (6) If your application contains                      Any prospective resident of a Section
     of such as described in Section                         evidence of site control where either the             811 project who believes he/she needs
     VI(B)(4)(d)(i) of this program section of               evidence or the site is not approvable,               supportive services must be given the
     the SuperNOFA relative to site control                  your application will not be rejected                 choice to be responsible for acquiring
     and in the application kit. If you do not               provided you indicate in your                         his/her own services or to take part in
     have site control, you must provide the                 application that you are willing to seek              your Supportive Services Plan which
     information required in Section                         an alternate site and provide an                      must be designed to meet the individual
     VI(B)(4)(d)(x) of this program section of               assurance that site control will be                   needs of each resident. Residents or
     the SuperNOFA relative to                               obtained within six months of fund                    applicants may not be required to accept
     identification of a site and in the                     reservation notification.                             any supportive service as a condition of
     application kit for identified sites as a                  (E) Supportive Services. You are                   occupancy or admission.
     reasonable assurance that site control                  required to include a Supportive                         (F) Project Size Limits. (1)
     will be obtained within six months of                   Services Plan and a certification from                Independent living project—The
     fund reservation notification.                          the appropriate State or local agency                 minimum number of units that can be
        (3) Under Criterion (a) of Rating                    that the provision of services identified             applied for in one application is five;
     Factor 3 in Section V(D), below, related                in your Supportive Services Plan is well              not necessarily in one structure. The
     to your proposed site, your application                 designed to address the individual                    maximum number of persons with
     has the potential of earning 17 points.                 health, mental health and other needs of              disabilities that can be housed in an
     Criterion (a)(i) is related to site                     persons with disabilities who will live               independent living project is 18.
     approvability and is worth a maximum                    in your proposed project. Section                        (2) Exceptions—If you are submitting
     of 7 points. Five points for Criterion                  VI(B)(4)(e) of this program section of the            an application for an independent living
     (a)(ii) will be awarded if your project                 SuperNOFA, below, outlines the                        project with site control, you may
     will represent an integrated housing                    information that must be in the                       request an exception to the above
     model (e.g., condominium units                          Supportive Services Plan. You must                    project size limit by providing the
     scattered within one or more buildings                  submit one copy of your Supportive                    information required in Section
     or non-contiguous independent living                    Services Plan to the appropriate State or             VI(B)(4)(d)(ix) in this program section of
     units on scattered sites). Criterion (a)(iii)           local agency well in advance of the                   the SuperNOFA, below, and in the
     which is worth five points for site                     application submission deadline date                  application kit. Not more than 25
     control will be awarded as outlined in                  for the State or local agency to review               percent of any amounts for capital
     Section IV(D)(5) below. Regardless of                   your Supportive Services Plan (Exhibit                advances or project rental assistance
     whether you submit evidence of site                     4(e) of the application kit) and complete             will be used for independent living
     control or have identified a site without               the Supportive Services Certification                 projects that exceed 24 units.
     obtaining control of the site, the site will            (Exhibit 7(l) of the application kit) and                (3) Group home—The minimum
     be evaluated based on its proximity or                  return it to you so that you can include              number of persons with disabilities that
     accessibility to shopping, medical                      it in the application you submit to HUD.              can reside in a group home is two, and


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     12310                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

     the maximum number is six. Only one                        (J) Accessibility. If you intend to                   (l) Supportive Services Certification
     person per bedroom is allowed, unless                   construct, substantially rehabilitate, or                (m) Lead-Based Paint Certification
     two residents choose to share one                       acquire, with or without rehabilitation,                 (n) Certification for Single Room
     bedroom or a resident determines he/                    structures to be used as housing for                        Occupancy in Section 811 Group
     she needs another person to share his/                  persons with disabilities, you should                    Homes (if project will include a group
     her bedroom.                                            note 24 CFR 891.310, which requires                         home)
        (G) Minimum Capital Investment.                      that your project meets accessibility                    The HUD Office will notify you in
     Selected nonprofit organizations must                   requirements. In addition, you should                 writing if your application is missing
     provide a minimum capital investment                    note that 24 CFR 8.4(b)(5) prohibits the              any of the above exhibits or portions of
     of one-half of one percent of the HUD-                  selection of a site or location which has             exhibits and will give you 14 days from
     approved capital advance amount not to                  the purpose or effect of excluding                    the date of the notification to submit the
     exceed a maximum of $10,000 in                          persons with disabilities from the                    information required to cure the noted
     accordance with 24 CFR 891.145.                         Federally assisted program or activity.               deficiencies. The items identified by an
        (H) Economic Opportunities for Low                   Thus, if you choose an existing                       asterisk (*) must be dated on or before
     and Very Low Income Persons. You                        structure, make sure that it can be made              the application deadline date.
     must comply with section 3 of the                       accessible without resulting in an                       (B) Rating. HUD will review and rate
     Housing and Urban Development Act of                    infeasible project.                                   your application in accordance with the
     1968, 12 U.S.C. 1701u (Economic                         V. Application Selection Process                      Application Selection Process in the
     Opportunities for Low and Very Low                                                                            General Section of this SuperNOFA
     Income Persons) and its implementing                       (A) Review for Curable Deficiencies.               with the following exception. HUD will
     regulations at 24 CFR part 135. To                      You should ensure that your application               not reject your application based on
     comply, you must ensure that training,                  is complete before submitting it to the               technical review without notifying you
     employment and other economic                           appropriate HUD office. HUD will                      of the rejection with all the reasons for
     opportunities are directed, to the                      screen all applications received by the               rejection and providing you an
     greatest extent feasible, toward low and                deadline to determine if there are any                opportunity to appeal. You will have 14
     very low income persons, particularly                   curable deficiencies. A curable                       calendar days from the date of HUD’s
     those who are recipients of government                  deficiency is a missing Exhibit or                    written notice to appeal a technical
     assistance for housing; and to business                 portion of an Exhibit that will not affect            rejection to the HUD Office. If the
     concerns which provide economic                         the rating of your application. The                   rejection is due to the nonsubmission of
     opportunities to low and very low                       following is a list of the only                       the following exhibits because of the
     income persons. To comply with section                  deficiencies that will be considered                  failure of a third party to provide
     3 requirements, you are required to                     curable in a Section 811 application:                 information under the control of the
     certify that you will strongly encourage                Exhibits                                              third party but outside your control
     the general contractor and                                                                                    (e.g., by contract), and you were not
     subcontractors to participate in local                  (1) Form 92016–CA (Application
                                                                                                                   provided the opportunity to cure the
     apprenticeship programs or training                          Form)*
                                                                                                                   deficiency during the curable deficiency
     programs registered with or certified by                (2)(a) Articles of Incorporation*
                                                                                                                   period, you can submit the information
                                                               (b) By-laws*
     the Department of Labor’s Bureau of                                                                           required to cure the deficiency during
                                                               (c) IRS tax exemption ruling*
     Apprenticeship and Training or                                                                                the 14 calendar day appeal period:
                                                               (c)(ii) Energy efficiency
     recognized State Apprenticeship                           (d)(vii) Letter from the State Historic                (1) Exhibit 7(g), Form HUD–2991,
     Agency (see section VI(B)(7)(k)(ii) of this                  Preservation Officer (SHPO)                      Certification of Consistency with the
     program section of the SuperNOFA).                        (d)(viii) Seek alternate site                       Consolidated Plan; and/or
        (I) Applicability of Acquisition of                    (d)(ix) Exception to project size limits               (2) Exhibit 7(l), Certification for
     Sites under the Uniform Relocation                      (5) Applications submitted to other                   Provision of Supportive Services.
     Assistance and Real Property                                 offices                                             The information required to cure the
     Acquisition Act of 1970, as amended.                    (6) Relocation                                        above identified deficiencies includes
     The acquisition of sites, with or without               (7)(a) Standard Form 424, Application                 the deficient Exhibit and documentation
     existing structures, is subject to the                       for Federal Assistance*                          showing that the information had been
     Uniform Relocation Assistance and Real                    (b) Form HUD–50070, Certification of                requested from the third party at least
     Property Acquisition Act of 1970, as                         a Drug-Free Workplace                            45 days prior to the application
     amended (URA). However, you are                           (c) Form HUD–50071, Certification of                deadline date.
     exempt from complying with the site                          Payments to Influence Federal                       The HUD Office will make a
     acquisition requirements of the URA if                       Transactions and Standard Form-                  determination on an appeal before
     you do not have the power of eminent                         LLL, Disclosure of Lobbying                      making its selection recommendations.
     domain and prior to entering into a                          Activities                                       Your application(s) will be either rated
     contract of sale, option to purchase or                   (d) Form HUD–2880, Applicant/                       or technically rejected at the end of
     any other method of obtaining site                           Recipient Disclosure/Update Report               technical review. If your application
     control, you inform the seller of the land                (e) Form HUD–2992, Certification                    meets all program eligibility
     (1) that you do not have the power of                        Regarding Debarment and                          requirements after completion of
     eminent domain and, therefore, you will                      Suspension                                       technical review, your application will
     not acquire the property if negotiations                  (f) Executive Order 12372                           be rated according to the Rating Factors
     fail to result in an amicable agreement,                     Certification                                    in Section V(D) below.
     and (2) of the estimate of the fair market                (g) Form HUD–2991, Certification of                    (C) Ranking and Selection Procedures.
     value of the property. An appraisal is                       Consistency with Consolidated Plan               Applications that have a total base score
     not required to meet this requirement,                    (h) Conflict of Interest Resolution                 of 60 points or more (without the
     however, your files must include an                       (i) Resolution for Commitment to                    addition of EC/EZ bonus points) and
     explanation, with reasonable evidence                        Project*                                         meet all of the applicable threshold
     of the basis for the estimate.                            (k) Combined Certifications                         requirements of Section II(B) of the


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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                          12311

     General Section of the SuperNOFA will                   Office from the national residual                       (c) (5 points) You have experience in
     be eligible for selection and will be                   amount, excluding the Los Angeles                     developing integrated housing (e.g.,
     placed in rank order. HUD will select                   Multifamily Program Center, already                   condominium units scattered within
     applications, after adding any bonus                    funded. If there are no approvable                    one or more buildings or non-
     points for EC/EZ, based on rank order,                  applications in other HUD Offices, the                contiguous independent living units on
     up to and including the last application                process will begin again with the                     scattered sites).
     that can be funded out of each HUD                      selection of the next highest rated                   Rating Factor 2: Need/Extent of the
     Office’s allocation. HUD Offices must                   application nationwide. This process                  Problem (15 Points)
     not skip over any applications in order                 will continue until all approvable
     to select one based on the funds                        applications are selected using the                     This factor addresses the extent to
     remaining. After making the initial                     available remaining funds.                            which there is a need for funding the
     selections, however, HUD may use any                      (D) Factors For Award Used To                       proposed activities to address a
     residual funds to select the next rank-                 Evaluate and Rate Applications. HUD                   documented problem in the target area.
     ordered application by reducing the                     will rate applications that successfully              Submit information responding to this
     number of units by no more than 10                      complete technical processing using the               factor in accordance with Application
     percent rounded to the nearest whole                    Rating Factors set forth below and in                 Submission Requirements in paragraphs
     number, provided the reduction will not                 accordance with the application                       (B)(4)(a) and (B)(4)(b) of Section VI of
     render the project infeasible. For this                 submission requirements in Section                    this program section of the SuperNOFA.
     purpose, however, HUD will not reduce                   VI(B) below. The maximum number of                    In evaluating this factor, HUD will
     the number of units in projects of five                 points an application may receive under               consider:
     units or less.                                                                                                  The extent of the need for the project
                                                             this program is 102. This includes two
       After this process is completed,                                                                            in the area based on a determination by
                                                             (2) EZ/EC bonus points, as described in
     residual funds from all HUD Offices                                                                           the HUD Office. In making this
                                                             the General Section of this SuperNOFA.
     within each Multifamily Hub will be                                                                           determination, HUD will consider your
     combined. First, these funds will be                    Rating Factor 1: Capacity of the                      evidence of need in the area, as well as
     used to restore units to projects reduced               Applicant and Relevant Organizational                 other economic, demographic, and
     by HUD Offices based on the above                       Staff (25 Points)                                     housing market data available to the
     instructions. Second, additional                                                                              HUD Office. The data could include the
                                                               This factor addresses the extent to
     applications within each Multifamily                                                                          availability of existing comparable
                                                             which you have the organizational                     subsidized housing for persons with
     Hub will be selected in rank order with                 resources to successfully implement the
     only one application selected per HUD                                                                         disabilities and current occupancy in
                                                             proposed activities in a timely manner.               such housing, comparable subsidized
     Office. More than one application may                   Submit information responding to this
     be selected per HUD Office if there are                                                                       housing for persons with disabilities
                                                             factor in accordance with Application                 under construction or for which fund
     no approvable applications in other                     Submission Requirements in paragraphs
     HUD Offices within the Multifamily                                                                            reservations have been issued, and, in
                                                             (B)(2), (B)(3)(a), (B)(3)(b), and (B)(3)(e) of        accordance with an agreement between
     Hub. This process will continue until                   Section VI of this program section of the
     there are no more approvable                                                                                  HUD and RHS, comments from RHS on
                                                             SuperNOFA.                                            the demand for additional comparable
     applications within the Multifamily
                                                               In rating this factor, HUD will                     subsidized housing and the possible
     Hub that can be selected with the
                                                             consider the extent to which your                     harm to existing projects in the same
     remaining funds. Applications may not
                                                             application demonstrates your ability to              housing market area. The Department
     be skipped over to select one based on
     funds remaining. However, HUD may                       develop and operate the proposed                      also will review more favorably those
     use any remaining residual funds, to                    housing on a long-term basis,                         applications which establish a
     select the next rank-ordered application                considering the following:                            connection between the proposed
     by reducing the number of units by no                     (a) (12 points) The scope, extent, and              project and the community’s Analysis of
     more than 10 percent rounded to the                     quality of your experience in providing               Impediments to Fair Housing Choice
     nearest whole number, provided the                      housing or related services to those                  (AI) or other planning document that
     reduction will not render the project                   proposed to be served by the project and              analyzes fair housing issues and is
     infeasible or result in the project being               the scope of the proposed project (i.e.,              prepared by a local planning or similar
     less than 5 units.                                      number of units, services, relocation                 organization. You must show how the
       Funds remaining after these processes                 costs, development, and operation) in                 proposed project will address an
     are completed will be returned to                       relationship to your demonstrated                     impediment to fair housing choice
     Headquarters. HUD will use these                        development and management capacity                   described in the AI or meet a need
     residual funds first to fund United                     as well as your financial management                  identified in the other type of planning
     Cerebral Palsy of LA and Ventura, in the                capability;                                           document.
     jurisdiction of the Los Angeles                           (b) (8 points) The scope, extent, and
     Multifamily Program Center, a FY 2000                   quality of your experience in providing               Rating Factor 3: Soundness of
     application which was not funded due                    housing or related services to minority               Approach (40 Points)
     to HUD error. Second, HUD                               persons or families as well as your ties                 This factor addresses the quality and
     Headquarters will use these funds to                    to the community at large and to the                  effectiveness of your proposal. There
     restore units to projects reduced by                    minority and disability communities in                must be a clear relationship between the
     HUD Offices as a result of the                          particular. For purposes of this program              proposed activities, the community’s
     instructions for using their residual                   section of the SuperNOFA, ‘‘minority’’                needs and purposes of the program
     funds. Finally, HUD Headquarters will                   means the basic racial and ethnic                     funding for your application to receive
     use these funds for selecting                           categories for Federal statistics and                 points for this factor. Submit
     applications based on field offices’                    administrative reporting, as defined in               information responding to this factor in
     rankings, beginning with the highest                    OMB’s Statistical and Policy Directive                accordance with Application
     rated application nationwide. Only one                  No. 15. (See 62 FR 58782, October 30,                 Submission Requirements in paragraphs
     application will be selected per HUD                    1997.)                                                (B)(4)(c), (B)(4)(d), and (B)(4)(e) of


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     12312                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

     Section VI of this program section of the               —The percentage of persons of a                       linkages with other activities in the
     SuperNOFA. In evaluating this factor,                      particular racial or ethnic minority is            community. Submit information
     HUD will consider the following:                           at least 20 points higher than the                 responding to this factor in accordance
        (a)(i) (7 points) Site approvability—                   minority’s or combination of                       with Application Submission
     The proximity or accessibility (other                      minorities’ percentage in the housing              Requirements in paragraphs (B)(3)(f),
     than by sole means of a project                            market as a whole; or,                             (B)(3)(g), (B)(3)(h), and (B)(3)(i) of
     residence or private vehicle) of the site               —The neighborhood’s total percentage                  Section VI of this program section of the
     to shopping, medical facilities,                           of minority persons is at least 20                 SuperNOFA.
     transportation, places of worship,                         points higher than the total                          (a) (4 points) You involved persons
     recreational facilities, places of                         percentage of minorities for the                   with disabilities (including minority
     employment, and other necessary                            housing market area as a whole; or                 persons with disabilities) in the
     services to the intended tenants;                       —In the case of a metropolitan area, the              development of the application, and
     adequacy of utilities and streets, and                     neighborhood’s total percentage of                 will involve persons with disabilities
     freedom of the site from adverse                           minority persons exceeds 50 percent                (including minority persons with
     environmental conditions (based on site                    of its population. The term                        disabilities) in the development and
     visit for site control projects only); and                 ‘‘nonminority area’’ is defined as one             operation of the project;
     compliance with site and neighborhood                      in which the minority population is                   (b) (2 points) The extent to which you
     standards in 24 CFR 891.125(a), (d), and                   lower than 10 percent.                             coordinated your application with other
     (e);                                                       (c) (5 points) The extent to which the             organizations (including local
        (a)(ii) (5 points) Integrated model—If               proposed design of the project,                       independent living centers; a list of
     your project will be an integrated model                including both the exterior and interior              such can be obtained from the local
     as described in Section IV(D) above,                    design, will meet the individual needs                HUD Office) to complement and/or
     your application will receive 5 points                  of persons with disabilities the housing              support the proposed project;
     for this Criterion.                                     is expected to serve;                                    (c) (2 points) The extent to which you
        (a)(iii) (5 points) Site control—If your                (d) (5 points) The extent to which the             demonstrated that you have been
     application contains legally acceptable                 proposed design of the project and its                actively involved, or if not currently
     site control for all proposed sites and all             placement in the neighborhood will                    active, the steps you will take to become
     of the proposed sites are approvable                    facilitate the integration of the residents           actively involved in the community’s
     (i.e., receive a score of 1 or higher on                into the surrounding community and                    Consolidated Planning process to
     Criterion (a)(i)), your application will                promote the ability of the residents to               identify and address a need/problem
     receive 5 points for site control;                      live as independently as possible; and                that is related in whole or part, directly
        (b) (8 points) The suitability of the site              (e) (5 points) At least 51% of your                or indirectly to the proposed project;
     from the standpoints of promoting a                     board members are persons with                        and
     greater choice of housing opportunities                 disabilities.                                            (d) (2 points) The extent to which you
     for minorities and persons with                                                                               developed or plan to develop linkages
                                                             Rating Factor 4: Leveraging Resources                 with other activities, programs (for
     disabilities and affirmatively furthering               (10 Points)
     fair housing. In reviewing this criterion,                                                                    example, the Mainstream Housing
     HUD will assess whether the site meets                    This factor addresses your ability to               Opportunities for Persons with
     the site and neighborhood standards at                  secure other community resources                      Disabilities Program) or projects related
     24 CFR 891.125(b) and (c) by examining                  which can be combined with HUD’s                      to the proposed project to coordinate
     relevant data in your application or in                 program resources to achieve program                  your activities so solutions are holistic
     the HUD Office. If appropriate, HUD                     purposes. Submit information                          and comprehensive.
     may visit the site.                                     responding to this factor in accordance
                                                                                                                   Bonus Points
        (i) The site will be deemed acceptable               with Application Submission
                                                             Requirements in paragraphs (B)(3)(c)                     (2 bonus points) Location of proposed
     if it increases housing choice and                                                                            site in an EZ/EC area, as described in
     opportunity by:                                         and (B)(3)(d) of Section VI of this
                                                             program section of the SuperNOFA.                     the General Section of this SuperNOFA.
     —Expanding housing opportunities in                       (a) (5 points) The extent of local                  Submit the information responding to
        non-minority neighborhoods (if                       government support (including financial               the bonus points in accordance with the
        located in such a neighborhood); or                  assistance, donation of land, provision               Application Submission Requirements
     —Contributing to the revitalization of                  of services, etc.) for the project; and               in paragraph (B)(7)(j) of Section VI of
        and reinvestment in minority                           (b) (5 points) The extent of your                   this program section of the SuperNOFA.
        neighborhoods, including                             activities in the community, including
        improvement of the level, quality and                                                                      VI. Application Submission
                                                             previous experience in serving the area
        affordability of services furnished to                                                                     Requirements
                                                             where the project is to be located,
        minority persons with disabilities.                  developing integrated housing models                    (A) Application. Your application
        You should refer to the Site and                     and your demonstrated ability to enlist               must include all of the information,
        Neighborhood Standards provisions                    volunteers and raise local funds.                     materials, forms, and exhibits listed in
        of the regulations governing the                                                                           Section VI(B) of this program section of
        Section 811 Supportive Housing                       Rating Factor 5: Comprehensiveness                    the SuperNOFA (unless you were
        Program (24 CFR 891.125(b) and (c))                  and Coordination (10 Points)                          selected for a Section 811 fund
        when considering sites for your                        This factor addresses the extent to                 reservation within the last three funding
        projects.                                            which you coordinated your activities                 cycles). If you qualify for this exception,
        (ii) For the purpose of this                         with other known organizations,                       you are not required to submit the
     competition, the term ‘‘minority                        participate or promote participation in               information described in Section
     neighborhood (area of minority                          the community’s Consolidated Planning                 VI(B)(2)(a), (b), and (c), below, of this
     concentration)’’ is defined as one where                process, and are working towards                      program section of the SuperNOFA
     any one of the following statistical                    addressing a need in a holistic and                   (Exhibits 2.a., b., and c. of the
     conditions exists:                                      comprehensive manner through                          application kit), which are the articles of


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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                             12313

     incorporation (or other organizational                  submit the project number of the latest               development and operation of the
     documents), by-laws, and the IRS tax                    application selected and the HUD office to            project.
     exemption, respectively. If there has                   which it was submitted. If there have been               (3)(g) A description of the steps you
                                                             any modifications or additions to the subject
     been a change in any of these                                                                                 took to identify and coordinate your
                                                             documents, incicate such, and submit the
     documents since your previous HUD                       new material.                                         application with other organizations to
     approval, you must submit the updated                                                                         complement and/or support your
     information in your application. The                       (2)(d) The number of people on your                proposed project as well as the steps
     HUD Office will verify your indication                  board and the number of those people                  you will take, if funded, to share
     of previous HUD approval by checking                    who have disabilities.                                information on solutions and outcomes
     the project number and approval status                     (3) A description of your purpose,                 relative to the development of your
     with the appropriate HUD Office based                   community ties, and experience,                       proposed project.
     on information submitted in Section                     including the following:                                 (3)(h) A description of your
     VI(B)(2) below.                                            (3)(a) A description of your purpose,              involvement in the community’s
        In addition to this relief of paperwork              current activities and how long you                   Consolidated Planning process,
     burden in preparing applications, you                   have been in existence;                               including:
     are able to use information and exhibits                   (3)(b) A description of your ties to the              (3)(h)(i) An identification of the lead/
     previously prepared for prior                           community at large and to the minority                facilitating agency that organizes/
     applications under Section 811, Section                 and disability communities in                         administers the process;
     202, or other funding programs.                         particular;                                              (3)(h)(ii) An identification of the
     Examples of exhibits that may be readily                   (3)(c) A description of local                      Consolidated Plan issue areas in which
     adapted or amended to decrease the                      government support for the project                    you participate;
     burden of application preparation                       (including financial assistance, donation                (3)(h)(iii) Your level of participation
     include, among others, those on                         of land, provision of services, etc.);                in the process, including active
     previous participation in the Section                      (3)(d) Letters of support for your                 involvement with any neighborhood-
     202 or Section 811 programs, your                       organization and for the proposed                     based organizations, associations or any
     experience in the provision of housing                  project from organizations familiar with              committees that support programs and
     and services, supportive services plans,                the housing and supportive services                   activities that enhance projects, or the
     community ties, and experience serving                  needs of the persons with disabilities                lives of residents of projects, such as the
     minorities.                                             that you expect to serve in the proposed              one proposed in your application.
        (B) General Application                              project (e.g., the local center for                      If you are not currently active,
     Requirements. Your application must                     independent living, the Statewide                     describe the specific steps you will take
     contain the items listed in this Section                Independent Living Council);                          to become active in the Consolidated
     VI(B). These items include the standard                    (3)(e) A description of your housing               Planning process. (Consult the local
     forms, certifications, and assurances                   and/or supportive services experience.                HUD Office for the identification of the
     listed in the General Section of the                    The description should include any                    Consolidated Plan community process
     SuperNOFA that are applicable to this                   rental housing projects (including                    for the appropriate area.)
     funding (collectively referred to as the                integrated housing developments) and/                    (3)(i) A description of the linkages
     ‘‘standard forms’’). The standard forms                 or supportive services facilities that you            that you have developed or plan to
     can be found in Appendix B to the                       have sponsored, owned, and/or                         develop with other related activities,
     General Section of the SuperNOFA. The                   operated; your past or current                        programs (for example, the Mainstream
     remaining application items that are                    involvement in any programs other than                Housing Opportunities for Persons with
     forms (i.e., excluding such items as                    housing that demonstrates your                        Disabilities Program) or projects in order
     narratives), referred to as the ‘‘non-                  management capabilities (including                    that the development of the project
     standard forms’’ can be found as                        financial management) and experience,                 provides a comprehensive and holistic
     Appendix B to this program section of                   and your experience in serving persons                solution to the needs of the target
     the SuperNOFA. The items are as                         with disabilities and minorities; and the             population.
     follows:                                                reasons for receiving any increases in                   (4) Project information including the
       Note: You may apply for a scattered site              fund reservations for developing and/or               following:
     project in one application                              operating any previously funded                          (4)(a) Evidence of need for supportive
       (1) Form HUD–92016–CA,                                Section 811 or Section 202 projects. The              housing. Such evidence would include
     Application for Section 811 Supportive                  description should include data on the                a description of the proposed
     Housing Capital Advance.                                facilities and services provided, the                 population and evidence demonstrating
       (2) Evidence of your and each Co-                     racial/ethnic composition of the                      sustained effective demand for
     Sponsor’s legal status as a nonprofit                   populations served, if available, and                 supportive housing for the proposed
     organization, including the following:                  information and testimonials from                     population in the market area to be
       (2)(a) Articles of Incorporation,                     residents or community leaders on the                 served, taking into consideration the
     constitution, or other organizational                   quality of the activities. Examples of                occupancy and vacancy conditions in
     documents;                                              activities that could be described                    existing comparable subsidized housing
       (2)(b) By-laws;                                       include housing counseling, nutrition                 for persons with disabilities, State or
       (2)(c) IRS section 501(c)(3) tax                      and food services, special housing                    local needs assessments of persons with
     exemption ruling (this must be                          referral, screening and information                   disabilities in the area, the types of
     submitted by you and all Co-Sponsors,                   projects.                                             supportive services arrangements
     including churches).                                       (3)(f) A description, if applicable, of            currently available in the area, and the
       Note: If you received a section 811 fund
                                                             your efforts to involve persons with                  use of such services as evidenced by
     reservation within the last three funding               disabilities (including minority persons              data from local social service agencies.
     cycles, you are not required to submit the              with disabilities) and the local center for           Also, a description of how information
     documents described in paragraph (2)(a),                independent living in the development                 in the community’s Analysis of
     (2)(b), and (2)(c), above. Instead, you must            of your application and in the                        Impediments to Fair Housing Choice


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     12314                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

     was used in documenting the need for                    necessary outside funding, or HUD                        (D) Where the proposed site is subject
     the project.                                            disapproves your proposal for mixed-                  to a mortgage under a HUD program
        (4)(b) A description of how the                      financing or mixed-use.                               (e.g., an earlier Section 811 or an FHA-
     proposed project will benefit the target                   Note: Approval of the Section 811 capital          insured mortgage), you must submit
     population and the community in                         advance will not necessarily be approval of           evidence that consent to release of the
     which it will be located;                               the mixed-finance/mixed-use proposal. If              site from the mortgage has been
        (4)(c) A description of the project,                 approved for a reservation of capital advance         obtained or has been requested from
     including the following:                                funds, you will be required to submit, after          HUD and from the mortgagee, if other
        (4)(c)(i) A narrative description of the             reservation of capital advance funds, a               than HUD.
     building(s) including the number and                    detailed proposal outlining how you will
                                                                                                                      (E) For sites to be acquired from a
     type of structure(s), number of units                   fund both development and operation of the
                                                             additional units in accordance with HUD               public body, evidence is needed that the
     with bedroom distribution if                                                                                  public body possesses clear title to the
                                                             instructions that will be issued later. Based
     independent living units (including                     on the strength of your organization and              site and has entered into a legally
     dwelling units in multifamily housing                   HUD’s prior experience with your projects, as         binding agreement to lease or convey
     developments, condominiums and                          well as your outline of your intentions, at           the site to you after you receive and
     cooperatives), number of bedrooms if                    time of making the fund reservation, HUD              accept a notice of Section 811 capital
     group home, number of residents with                    will determine whether you will be                    advance. If HUD determines that time
     disabilities, and any resident manager                  permitted to submit a mixed-finance/mixed-            constraints of the funding round will
     per structure; an identification of all                 use proposal at a later time. Only those
                                                                                                                   not permit you to obtain all of the
     community spaces, amenities, or                         Sponsors that indicate in their application for
                                                             a fund reservation an intention to propose            required official actions (e.g., approval
     features planned for the housing and a                                                                        of Community Planning Boards) that are
     description of how the spaces,                          additional units will be eligible to submit, at
                                                             a later time, a mixed-finance/mixed-use               necessary to convey publicly-owned
     amenities, or features will be used, and                proposal for additional units. (A mixed-              sites, you may include in your
     the extent to which they are necessary                  finance/mixed-use project, as used here, does         application a letter from the mayor or
     to accommodate the needs of the                         not include the development of Section 811            director of the appropriate local agency
     proposed residents. If these community                  units using secondary/supplementary                   indicating that conveyance or leasing of
     spaces, amenities, or features would not                financing or the development of a mixed-use           the site is acceptable without imposition
     comply with the project design and cost                 project in which the Section 811 units are
                                                                                                                   of additional covenants or restrictions,
     standards of § 891.120 and the special                  mortgage separately from the other uses of
                                                             the structure).                                       and only contingent on the necessary
     project standards of § 891.310, you must                                                                      approval action. Such a letter
     demonstrate your ability and
                                                                (4)(d) Evidence of control of an                   commitment will be considered
     willingness to contribute both the
                                                             approvable site, OR identification of a               sufficient evidence of site control.
     incremental development cost and
                                                             site for which you provide a reasonable                 Note: For this funding cycle, New York
     continuing operating cost associated
                                                             assurance that you will obtain control                City-owned sites that are designated as
     with the community spaces, amenities,                                                                         community gardens will not meet site control
                                                             within 6 months from the date of fund
     or features; and a description of how the                                                                     requirements due to litigation involving
                                                             reservation (if you are approved for
     design of the proposed project will                                                                           those sites.
                                                             funding).
     promote the integration of the residents
     into the surrounding community and                         Site control—If you are submitting an                 (4)(d)(ii) Whether you have title to the
     the ability of the residents to live as                 application with site control, you must               site, a contract of sale, an option to
     independently as possible; and                          submit the following:                                 purchase or are acquiring a site from a
        (4)(c)(ii) A description of whether and                 (4)(d)(i) Acceptable evidence that you             public body, you must provide evidence
     how the project will promote energy                     have site control, which is limited to                (a title policy or other acceptable
     efficiency, and, if applicable, innovative              any one of the following:                             evidence) that the site is free of any
     construction or rehabilitation methods                     (A) Deed or long-term leasehold                    limitations, restrictions, or reverters
     or technologies to be used that will                    which evidences that you have title to                which could adversely affect the use of
     promote efficient construction.                         or a leasehold interest in the site. If a             the site for the proposed project for the
        (4)(c)(iii) If applicable, a description             leasehold, the term of the lease must be              40-year capital advance period under
     of any plans and the actions you have                   at least 50 years;                                    HUD’s regulations and requirements
     taken to create a mixed-finance/mixed-                     (B) Contract of sale for the site which            (e.g., reversion to seller if title is
     use project by developing additional                    is free of any limitations affecting ability          transferred). If the title evidence
     units (i.e., in addition to the Section 811             to deliver ownership to you after you                 contains restrictions or covenants,
     units) with the use of Section 811                      receive and accept a notice of Section                copies of the restrictions or covenants
     capital advance funds in combination                    811 capital advance. The only condition               must be submitted with the application.
     with other funding sources. See Section                 for closing on the sale can be your                   If the site is subject to any such
     III.A. for further informaiton regarding                receipt and acceptance of the capital                 limitations, restrictions, or reverters, the
     the additional units. sepcify the number                advance. The contract of sale cannot                  site will be rejected. Purchase money
     of Section 811 units and the number of                  require closing on a date earlier than the            mortgages that will be satisfied from
     additional units from non-Section 811                   Section 811 closing.                                  capital advance funds are not
     funding sources. Provide copies of any                     (C) Option to purchase or for a long-              considered to be limitations or
     letters you have sent seeking outside                   term leasehold which must remain in                   restrictions that would adversely affect
     funding for the non-Section 811 units                   effect for six months from the date on                the use of the site. If the contract of sale
     and any responses thereto. You must                     which the applications are due and                    or option agreement contains provisions
     also demonstrate your ability to proceed                must state a firm price binding on the                that allow a Sponsor not to purchase the
     with the development of a Section 811                   seller. The only condition on which the               property for reasons such as
     project that will not involve mixed-                    option may be terminated is if you are                environmental problems, failure of the
     financing or a mixed-use purpose, as                    not awarded a fund reservation. The                   site to pass inspection, or the appraisal
     proposed in your application, in the                    option must be renewable at the end of                is less than the purchase price, then
     event you are later unable to obtain the                the six month option period.                          such provisions are not objectionable


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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                              12315

     and a Sponsor is allowed to terminate                   that addresses fair housing issues and                  Note: This Could be an Expensive
     the contract of sale or the option                      remedies to barriers to fair housing in               Undertaking. You Must pay for the Cost of
     agreement.                                              the community that was previously                     any Clean-Up and/or Remediation.
       Note: A Proposed Project Site May not be              prepared by a local planning, or similar                 (4)(d)(vii) A letter from the State
     Acquired or Optioned From a General                     organization, may be used. Applicable                 Historic Preservation Officer (SHPO)
     Contractor (or its Affiliate) That Will                 impediments could include a lack of                   indicating whether the proposed site(s)
     Construct the Section 811 Project or From               units that are accessible to persons with             has any historical significance. If you
     any Other Development Team Member.                      disabilities, a lack of transportation                cannot obtain a letter from the SHPO
        (4)(d)(iii) Evidence that your project               services or other assistance that would               due to the SHPO not responding to your
     as proposed is permissible under                        serve persons with disabilities, or the               request or the SHPO responding that it
     applicable zoning ordinances or                         need for improved housing quality and                 cannot or will not comply with the
     regulations, or a statement of the                      services for all persons with disabilities.           requirement, you must submit the
     proposed action required to make your                      (4)(d)(v) A map showing the location               following:
                                                             of the site and the racial composition of                (A) A letter indicating that you
     proposed project permissible. You must
                                                             the neighborhood, with the area of racial             attempted to get the required letter from
     provide the basis for your belief that the
                                                             concentration delineated;                             the SHPO but that the SHPO either had
     proposed action will be completed                          (4)(d)(vi) A Phase I Environmental                 not responded to your request or would
     successfully before the submission of                   Site Assessment (ESA), in accordance                  not honor or recognize your request;
     the firm commitment application (e.g., a                with the American Society for Testing                    (B) A copy of your letter to the SHPO
     summary of the results of any requests                  and Material (ASTM) Standards E 1527–                 requesting the required letter; and
     for rezoning on land in similar zoning                  97, as amended, in order for the                         (C) A copy of the SHPO’s response, if
     classifications and the time required for               application to be considered as an                    available.
     such rezoning, the procedures for                       application with site control. The Phase                 (4)(d)(viii) A statement that you are
     obtaining special or conditional use                    I ESA must be completed and submitted                 willing to seek a different site if the
     permits on land in similar zoning                       with the application. In order for the                preferred site is unapprovable and that
     classifications and the time required for               Phase I ESA to be acceptable, it must                 site control will be obtained within six
     such rezoning, or preliminary                           have been completed or updated no                     months of notification of fund
     indications of acceptability from zoning                earlier than six months prior to the                  reservation.
     bodies, etc.). NOTE: You should be                      application deadline date. The Phase I                   (4)(d)(ix) If you are requesting an
     aware that under certain circumstances                  study is not a curable deficiency for the             exception to the project size limits
     the Fair Housing Act requires localities                Section 811 Program. Therefore, it is                 found in Section IV(F) of this program
     to make reasonable accommodations to                    important that you start the Phase I ESA              section of the SuperNOFA (for
     their zoning ordinances or regulations to               process as soon after publication of this             independent living projects only),
     offer persons with disabilities an                      SuperNOFA as possible.                                describe why the site was selected and
     opportunity to live in an area of their                    If the Phase I ESA indicates the                   demonstrate the following:
     choice. If you are relying upon a theory                possible presence of contamination and/                  (A) People with disabilities have
     of reasonable accommodation to satisfy                  or hazards, you must decide whether to                indicated their preference to live in
     the zoning requirement, then you must                   continue with this site or choose                     housing with as many units/people as
     clearly articulate the basis for your                   another site. Should you choose another               proposed for your project;
     reasonable accommodation theory.                        site, the same Phase I ESA process                       (B) The increased number of units/
        (4)(d)(iv) A narrative topographical                 identified above must be followed for                 people is warranted by the market
     and demographic description of the                      the new site. NOTE: You are not limited               conditions in the area in which the
     suitability of the site and area as well as             to acquiring properties from the FDIC/                project is to be located.
     a description of the area surrounding                   RTC. However, if the property is to be                   (C) Your project is compatible with
     the site, the characteristics of the                    acquired from the FDIC/RTC, include a                 other residential development and the
     neighborhood, how the site will                         copy of the FDIC/RTC prepared                         population density of the area in which
     promote greater housing opportunities                   Transaction Screen Checklist or Phase I               your project is to be located;
     for minorities and persons with                         ESA, and applicable documentation, per                   (D) The increased number of people
     disabilities thereby affirmatively                      the FDIC/RTC Environmental                            will not prohibit their successful
     furthering fair housing. (NOTE: You can                 Guidelines.                                           integration into the community;
     best demonstrate your commitment to                        If you choose to continue with the                    (E) Your project is marketable in the
     affirmatively furthering fair housing by                original site on which the Phase I ESA                community;
     describing how proposed activities will                 indicated contamination or hazards, you                  (F) The size of your project is
     assist the jurisdiction in overcoming                   must undertake a detailed Phase II ESA                consistent with State and/or local
     impediments to fair housing choice                      by an appropriate professional. If the                policies governing similar housing for
     identified in the applicable                            Phase II ESA reveals site contamination,              the proposed population; and
     jurisdiction’s Analysis of Impediments                  the extent of the contamination and a                    (G) A statement that you are willing
     to Fair Housing Choice (AI), which is a                 plan for clean-up of the site must be                 to have your application processed at
     component of the jurisdiction’s                         submitted to the local HUD Office. The                the project size limit should HUD not
     Consolidated Plan, or any other                         plan for clean-up must include a                      approve the exception.
     planning document that addresses fair                   contract for remediation of the                          Site identified—If you have identified
     housing issues. The applicable                          problem(s) and an approval letter from                a site, but do not have it under control,
     Consolidated Plan and AI may be the                     the applicable Federal, State, and/or                 you must submit the following
     Community’s, the County’s, or the                       local agency with jurisdiction over the               information:
     State’s, to which input should have                     site. In order for your application to be                (4)(d)(x) A description of the location
     been provided by local community                        considered as an application with site                of the site, including its street address,
     organizations, agencies in the                          control you must submit this                          its unit number (if condominium),
     community, and residents of the                         information to the local HUD Office on                neighborhood/community
     community. Alternatively, a document                    or before June 25, 2001.                              characteristics (to include racial and


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     12316                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

     ethnic data), amenities, adjacent                       Owner must permit occupancy by any                    residents or will be coordinating the
     housing and/or facilities, and how the                  qualified person with a disability who                availability of any supportive services, a
     site will promote greater housing                       could benefit from the housing and/or                 letter providing:
     opportunities for minorities and persons                services provided, regardless of the                     (A) A description of the supportive
     with disabilities thereby affirmatively                 person’s disability. If you are requesting            services that you will make available to
     furthering fair housing. You can best                   approval to limit occupancy in your                   the residents or, if you will be
     demonstrate your commitment to                          proposed project(s), you must submit                  coordinating the availability of any
     affirmatively furthering fair housing by                the following:                                        supportive services, a description of the
     describing how your proposed activities                   (A) A description of the population of              supportive service(s) and how the
     will assist the jurisdiction in                         persons with disabilities to which                    coordination will be implemented;
     overcoming impediments to fair housing                  occupancy will be limited;                               (B) An assurance that any supportive
     choice identified in the community’s AI                   (B) An explanation of why it is                     services that you will make available to
     or any other planning document that                     necessary to limit occupancy of the                   the residents will be based on their
     addresses fair housing issues. Examples                 proposed project(s) to the population                 individual needs; and
     of the applicable impediments include                   described in (4)(e)(ii) above. This should               (C) A commitment to make the
     the need for improved housing quality                   include but is not limited to:                        supportive services available or
     and services for minority persons with                  —An explanation of how limiting                       coordinate their availability for the life
     disabilities and the need for quality                     occupancy to a subcategory of persons               of the project.
     services for persons with disabilities                    with disabilities promotes the goals of                (4)(e)(viii) A description of how the
     within the type and quality of similar                    the Section 811 Program; and,                       residents will be afforded opportunities
     services and housing in minority areas;                 —An explanation of why the housing                    for employment.
        (4)(d)(xi) A description of the                        and/or service needs of this                           (4)(e)(ix) An indication as to whether
     activities undertaken to identify the site,               population cannot be met in a more                  the project will include a unit for a
     as well as what actions must be taken                     integrated setting.                                 resident manager; and
     to obtain control of the site, if approved                (C) A description of your experience                   (4)(e)(x) A statement that you will not
     for funding;                                            in providing housing and/or supportive                condition occupancy on the resident’s
        (4)(xii) An indication as to whether                 services to the proposed occupants; and               acceptance of any supportive services.
     the site is properly zoned. If it is not, an              (D) A description of how you will                      (5) A list of the applications, if any,
     indication of the actions necessary for                 ensure that the occupants of the                      that you have submitted or are planning
     proper zoning and whether these can be                  proposed project(s) will be integrated                to submit to any other HUD Office in
     accomplished within six months of fund                  into the neighborhood and surrounding                 response to this announcement of
     reservation award, if approved for                      community.                                            section 811 Program funding availability
     funding;                                                  (4)(e)(iii) A detailed description of the           or the announcement of funding
        (4)(d)(xiii) A status of the sale of the             supportive service needs of the persons               availability for the Section 202 Program
     site; and                                               with disabilities that the housing is                 of Supportive Housing for the Elderly,
        (4)(d)(xiv) An indication as to                      expected to serve.                                    published elsewhere in this
     whether the site would involve                            (4)(e)(iv) A list of community service              SuperNOFA. Indicate, by HUD Office,
     relocation.                                             providers, including those that are                   the number of units requested and the
       Note: If an application is submitted                  consumer-controlled, and letters of                   proposed location by city and State for
     without evidence of site control and does not           intent to provide services to residents of            each application. Include a list of all FY
     provide a specific street address for the               the proposed project(s) from as many                  2000 and prior year projects to which
     identified site(s) (e.g, only an indication that
                                                             potential service providers as possible.              you are a party, identified by project
     the project will be developed in a particular
     part of town but a site(s) has not been                 You must make this list available to any              number and HUD Office, which have
     chosen) the application will be rejected.               residents who wish to be responsible for              not been finally closed.
                                                             acquiring their own supportive services.                 (6) A statement that:
       (4)(e) A supportive services plan (a                  However, a provider may not require                      (6)(a) Identifies all persons (families,
     copy of which must be sent to the                       residents to accept any particular                    individuals, businesses, and nonprofit
     appropriate State or local agency as                    service.                                              organizations) by race/minority group
     instructed in Section IV(E) of this                       (4)(e)(v) The evidence of each service              and status as owners or tenants
     program section of the SuperNOFA) that                  provider’s capability and experience in               occupying the property on the date of
     includes:                                               providing such supportive services                    submission of the application for a
       (4)(e)(i) A detailed description of                   (applicable even if you will be the                   capital advance;
     whether the housing is expected to                      service provider);                                       (6)(b) Indicates the estimated cost of
     serve persons with physical disabilities,                 (4)(e)(vi) Identification of the extent of          relocation payments and other services;
     developmental disabilities, chronic                     State and/or local agency involvement                    (6)(c) Identifies the staff organization
     mental illness or any combination of the                in the project (i.e., funding for the                 that will carry out the relocation
     three. Include how and from whom/                       provision of supportive services, referral            activities; and
     where persons will be referred to and                   of residents, or licensing the project). If              (6)(d) Identifies all persons that have
     accepted for occupancy in the project.                  there will be any State or local agency               moved from the site within the last 12
       (4)(e)(ii) Information concerning                     involvement, a description of the State               months. (This requirement applies to
     limitation of occupancy, if applicable.                 or local agency’s philosophy/policy                   applications with site control only.
     You may, with the approval of the                       concerning housing for the population                 Sponsors of applications with identified
     Secretary, limit occupancy within                       to be served and a demonstration that                 sites that are selected will be required
     housing developed under this program                    your application is consistent with State             to submit this information at a later date
     section of the SuperNOFA to persons                     or local plans and policies governing the             once they have obtained site control.)
     with disabilities who have similar                      development and operation of housing                    Note: If any of the relocation costs will be
     disabilities and require a similar set of               for the same disabled population;                     funded from sources other than the Section
     supportive services in a supportive                       (4)(e)(vii) If you will be making any               811 Capital Advance, you must provide
     housing environment. However, the                       supportive services available to the                  evidence of a firm commitment of these



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                                 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices                                            12317

     funds. When evaluating applications, HUD                of the application by the application                 recognized State Apprenticeship
     will consider the total cost of proposals (i.e.,        submission deadline date set forth in                 Agency.
     cost of site acquisition, relocation,                   this program section of the SuperNOFA.                   (7)(k)(iii) Design and Cost Standards.
     construction and other project costs).                  The Plan regulations are published in 24              Certification of Compliance with HUD’s
        (7) Certifications and Resolutions. In               CFR part 91.                                          Section 811 project design and cost
     addition to the certifications and                         (7)(h) A certified Board Resolution                standards (24 CFR 891.120 and
     assurances listed in the General Section                that no officer or director of the Sponsor            891.310), the Uniform Federal
     of this SuperNOFA with the exception                    or Owner has or will have any financial               Accessibility Standards (24 CFR 40.7),
     of SF–424A, SF–424B, SF–424C, SF–                       interest in any contract with the Owner               section 504 of the Rehabilitation Act of
     424D and the OMB Circulars which are                    or in any firm or corporation that has or             1973 and HUD’s implementing
     not required, you are required to submit                will have a contract with the Owner,                  regulations at 24 CFR part 8, and for
     signed copies of the following:                         including a current listing of all duly               covered multifamily dwellings designed
        (7)(a) Standard Form 424. Application                qualified and sitting officers and                    and constructed for first occupancy after
     for Federal Assistance and indication of                directors by title and the beginning and              March 13, 1991, the design and
     whether you are delinquent on any                       ending dates of each person’s term.                   construction requirements of the Fair
                                                                (7)(i) A Certified Board Resolution                Housing Act and HUD’s implementing
     Federal debt. (See instructions for
                                                             acknowledging responsibilities of                     regulations at 24 CFR part 100, and the
     submitting this form in the Consolidated
                                                             sponsorship, long-term support of the                 Americans with Disabilities Act of 1990.
     Application Submissions section of the
                                                             project(s), your willingness to assist the               (7)(k)(iv) Acquisition and Relocation.
     General Section of the SuperNOFA.)
                                                             Owner to develop, own, manage and                     Certification of Compliance with the
        (7)(b) Drug-Free Workplace (HUD–
                                                             provide appropriate services in                       acquisition and relocation requirements
     50070). Certification to provide a drug-                connection with the proposed project,
     free workplace.                                                                                               of the Uniform Relocation Assistance
                                                             and that it reflects the will of your                 and Real Property Acquisition Policies
        (7)(c) Payments to Influence Federal                 membership. Also, it shall indicate your
     Transactions (HUD–50071) and                                                                                  Act of 1970 (49 CFR part 24 and 24 CFR
                                                             willingness to fund the estimated start-              part 891.155(e)).
     Standard Form LLL, Disclosure of                        up expenses, the Minimum Capital
     Lobbying Activities. Certification of                                                                            (7)(k)(v) Formation of Owner
                                                             Investment (one-half of one-percent of                Corporation. Certification that you will
     whether any of the funds received will                  the HUD-approved capital advance, not
     be used to influence any Federal                                                                              form an ‘‘Owner’’ (24 CFR 891.305) after
                                                             to exceed $10,000), and the estimated                 issuance of the capital advance; cause
     transactions and disclosure of those                    cost of any amenities or features (and
     activities, if applicable.                                                                                    the Owner to file a request for
                                                             operating costs related thereto) that                 determination of eligibility and a
        (7)(d) Applicant/Recipient Disclosure/               would not be covered by the approved
     Update Report, including Social                                                                               request for capital advance, and provide
                                                             capital advance.                                      sufficient resources to the Owner to
     Security Numbers and Employee                              (7)(j) Certification of Consistency with
     Identification Numbers, (HUD–2880). A                                                                         insure the development and long-term
                                                             the EZ/EC Strategic Plan (HUD–2990). A                operation of the project, including
     disclosure of assistance from other                     certification that the project is
     government sources received in                                                                                capitalizing the Owner at firm
                                                             consistent with the EZ/EC strategic                   commitment processing in an amount
     connection with the project.                            plan, is located within the EZ/EC, and
        (7)(e) Certification Regarding                                                                             sufficient to meet its obligations in
                                                             serves EZ/EC residents.                               connection with the project.
     Debarment and Suspension (HUD–2992)                        (7)(k) Sponsor’s Combined                             (7)(k)(vi) Supportive Services.
     (24 CFR 24.510)—a certification                         Certifications.                                       Certification that you will not require
     attesting to the eligibility of your                       (7)(k)(i) Certification in Connection              residents to accept any supportive
     principals.                                             with the Development and Operation of                 services as a condition of occupancy;
        (7)(f) Executive Order 12372                         a Section 811 Project. A certification of             and,
     Certification. A certification that you                 compliance with the requirements of the                  (7)(k)(vii) Davis-Bacon. Certification
     have submitted a copy of your                           Fair Housing Act, Title VI of the Civil               of compliance with the Davis-Bacon
     application, if required, to the State                  Rights Act, the Age Discrimination Act                requirements and the Contract Work
     agency (single point of contact) for State              of 1975, the affirmative fair housing                 Hours and Safety Standards Act.
     review in accordance with Executive                     marketing requirements of 24 CFR part                    (7)(l) Supportive Services
     Order 12372.                                            200, subpart M, and the implementing                  Certification. A certification from the
        (7)(g) Certification of Consistency with             regulations at 24 CFR part 108, and                   appropriate State or local agency
     the Consolidated Plan (Plan) (Form                      other applicable Federal, State and local             identified in the application kit
     HUD–2991) for the jurisdiction in which                 laws prohibiting discrimination and                   indicating whether the:
     the proposed project will be located.                   promoting equal opportunity including                    (7)(l)(i) Provision of supportive
     The certification must be made by the                   affirmatively furthering fair housing.                services is well designed to serve the
     unit of general local government if it is                  (7)(k)(ii) Section 3 of the Housing and            needs of persons with disabilities the
     required to have, or has, a complete                    Urban Development Act of 1968 (12                     housing is expected to serve;
     Plan. Otherwise, the certification may                  U.S.C. 1701u). Certification of                          (7)(l)(ii) The provision of supportive
     be made by the State, or by the unit of                 Compliance with Section 3 of the                      services will enhance independent
     general local government if the project                 Housing and Urban Development Act of                  living success and promote the dignity
     will be located within the jurisdiction of              1968 (12 U.S.C. 1701u) and                            of those who will access your proposed
     the unit of general local government                    implementing regulations at 24 CFR part               project;
     authorized to use an abbreviated                        135. Certification that you will strongly                (7)(l)(iii) Supportive services will be
     strategy, and if it is willing to prepare               encourage your general contractor and                 available on a consistent, long-term
     such a Plan.                                            subcontractors to participate in local                basis; and
        All certifications must be made by the               apprenticeship programs or training                      (7)(l)(iv) Proposed housing is
     public official responsible for                         programs registered with or certified by              consistent with State or local plans and
     submitting the Plan to HUD. The                         the Department of Labor’s Bureau of                   policies addressing the housing needs of
     certifications must be submitted as part                Apprenticeship and Training or                        people with disabilities if the State or


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     12318                       Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

     local agency will provide funding for                   1990), as amended by the Housing and                  HUD—BUFFALO HUB
     the provision of supportive services,                   Community Development Act of 1992)                    BUFFALO OFFICE
     refer residents to the project or license               (Pub. L. 102–550, approved October 28,
                                                                                                                   Fifth Floor, Lafayette Court, 465 Main Street,
     the project. (The name, address, and                    1992); the Rescissions Act (Pub. L. 104–
                                                                                                                     Buffalo, NY 14203–1780, (716) 551–5755,
     telephone number of the appropriate                     19, approved July 27, 1995); and the                    TTY Number: (716) 551–5787.
     agency will be identified in the                        America Homeownership and Economic
     application kit and can also be obtained                Opportunity Act of 2000 (Pub. L. 106–                 HUD—PHILADELPHIA HUB
     from the appropriate HUD Office.)                       569, approved December 27, 2000)                      PHILADELPHIA OFFICE
        (7)(m) Certification that you will                   authorized a new supportive housing                   The Wanamaker Building, 100 Penn Square
     comply with the requirements of the                     program for persons with disabilities,                  East, Philadelphia, PA 19107–3380, (215)
     Lead-Based Paint Poisoning Prevention                   and replaced assistance for persons with                656–0600, TTY Number: (215) 656–3452.
     Act (42 U.S.C. 4821–4846) and                           disabilities previously covered by
     implementing regulations at 24 CFR part                 section 202 of the Housing Act of 1959                CHARLESTON OFFICE
     35.                                                     (section 202 continues, as amended by                 Suite 708, 405 Capitol Street, Charleston, WV
        (7)(n) Single Occupancy Bedrooms in                  section 801 of the NAHA, and the HCD                    25301–1795, (304) 347–7000, TTY
     Group Homes. Certification that if you                  Act of 1992, to authorize supportive                    Number: (304) 347–5332.
     are developing a group home, all                        housing for the elderly).                             NEWARK OFFICE
     bedrooms will be occupied be one
                                                             APPENDIX A—Local HUD Offices                          Thirteenth Floor, One Newark Center,
     person with a disability unless that
                                                                                                                     Newark, NJ 07102–5260, (973) 622–7900,
     person chooses to share his/her                           Notes: (1) The first line of the mailing              TTY Number: (973) 645–3298.
     bedroom with another person with a                      address for all offices is Department of
     disability or determines that he/she/                   Housing and Urban Development. Telephone              PITTSBURGH OFFICE
     needs another person to share his/her                   numbers listed are not toll-free.                     339 Sixth Avenue, Sixth Floor, Pittsburgh,
     bedroom.                                                  (2) Applications for projects proposed to be          PA 15222–2515, (412) 644–6428, TTY
                                                             located within the jurisdiction of the Seattle,         Number: (412) 644–5747.
     VII. Corrections to Deficient
                                                             Washington and the Anchorage, Alaska                  HUD—BALTIMORE HUB
     Applications
                                                             Offices must be submitted to the Portland,
       The General Section of the                            Oregon Office.                                        BALTIMORE OFFICE
     SuperNOFA provides the procedures for                     (3) Applications for projects proposed to be        Fifth Floor, City Crescent Building, 10 South
     corrections to deficient applications.                  located within the jurisdiction of the                  Howard Street, Baltimore, MD 21201–2505,
                                                             Sacramento, California Office must be                   (410) 962–2520, TTY Number: (410) 962–
     VIII. Environmental Requirements                                                                                0106.
                                                             submitted to the San Francisco, California
       In accordance with 24 CFR part 50, all                Office.                                               RICHMOND OFFICE
     Section 811 assistance is subject to the                  (4) Applications for projects proposed to be
     National Environmental Policy Act of                                                                          The 3600 Centre, 3600 West Broad Street,
                                                             located within the jurisdiction of the
                                                                                                                     Richmond, VA 23230–4920, (804) 278–
     1969 and applicable related Federal                     Cincinnati, Ohio Office must be submitted to            4500, TTY Number: (804) 278–4501.
     environmental authorities. The                          the Columbus, Ohio Office.
     environmental review provisions of the                    (5) Applications proposed to be located             HUD—GREENSBORO HUB
     Section 811 Program regulations are in                  within the jurisdiction of the Washington, DC         GREENSBORO OFFICE
     24 CFR 891.155(b).                                      Office must be submitted to the Baltimore,
                                                                                                                   Koger Building, 2306 West Meadowview
                                                             Maryland Office.
     IX. Formation of Owner Corporation                                                                              Road, Greensboro, NC 27407–3707, (336)
     for Development of Section 811 Projects                 HUD—BOSTON HUB                                          547–4000, TTY Number: (336) 547–4055.
     and for Section 811 Projects Involving                                                                        COLUMBIA OFFICE
     Mixed-Financing or a Mixed-Use                          HARTFORD OFFICE
                                                                                                                   Strom Thurmond Federal Building, 1835–45
     Purpose                                                 One Corporate Center, 19th Floor, Hartford,
                                                                                                                     Assembly Street, Columbia, SC 29201–
        Applicant eligibility for purposes of                 CT 06103–3220, (860) 240–4800, TTY                     2480, (803) 765–5592, TTY Number: (803)
                                                              Number: (860) 240–4665.                                253–3071.
     applying for a Section 811 fund
     reservation under this NOFA has not                     BOSTON OFFICE                                         HUD—ATLANTA HUB
     changed; i.e., all Section 811 Sponsors                 Room 301, Thomas P. O’Neill, Jr., Federal
     and Co-Sponsors must be nonprofit                                                                             ATLANTA OFFICE
                                                               Building, 10 Causeway Street, Boston, MA
     organizations. However, the Owner                                                                             40 Marietta Street—Five Points Plaza,
                                                               02222–1092, (617) 994–8500, TTY
     corporation, when later formed by the                                                                           Atlanta, GA 30303–2806, (404) 331–5001,
                                                               Number: (617) 565–5453.
     Sponsor, may be (1) a single-purpose                                                                            TTY Number: (404) 730–2654.
     nonprofit organization that has tax-                    MANCHESTER OFFICE                                     SAN JUAN OFFICE
     exempt status under Section 501(c)(3) of                Norris Cotton Federal Building, 275 Chestnut          Edificio Administracion de Terrenos, 171
     the Internal Revenue Code of 1986 OR                     Street, Manchester, NH 03101–2487, (603)               Carlos Chardon Avenue, Suite 301, San
     (2) for purposes of developing a mixed-                  666–7681, TTY Number: (603) 666–7518.                  Juan, PR 00918–0903, (787) 766–5400, TTY
     finance/mixed-use project for                                                                                   Number: (787) 776–5609.
                                                             PROVIDENCE OFFICE
     developing additional units over and
                                                             Sixth Floor, 10 Weybosset Street, Providence,         LOUISVILLE OFFICE
     above the Section 811 units, a for-profit
     limited dividend organization with the                    RI 02903–2808, (401) 528–5230, TTY                  601 West Broadway, P.O. Box 1044,
                                                               Number: (401) 528–5403.                               Louisville, KY 40201–1044, (502) 582–
     nonprofit entity as the sole general
                                                                                                                     5251, TTY Number: 1–800–648–6056.
     partner.                                                HUD—NEW YORK HUB
                                                                                                                   KNOXVILLE OFFICE
     X. Authority                                            NEW YORK OFFICE
                                                                                                                   Third Floor, John J. Duncan Federal Building,
       Section 811 of the Cranston-Gonzalez                  26 Federal Plaza, New York, NY 10278–0068,              710 Locust Street, Knoxville, TN 37902–
     National Affordable Housing Act (Pub.                     (212) 264–8000, TTY Number: (212) 264–                2526, (423) 545–4384, TTY Number: (423)
     L. 101–625, approved November 28,                         0927.                                                 545–4559.



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     NASHVILLE OFFICE                                          (216) 522–4058, TTY Number: (216) 522–              SAINT LOUIS OFFICE
     Suite 200, 235 Cumberland Bend, Nashville,                2261.                                               Third Floor, Robert A. Young Federal
       TN 37228–1803, (615) 736–5213, TTY                    HUD—MINNEAPOLIS HUB                                     Building, 1222 Spruce Street, St. Louis,
       Number: (615) 736–2886.                                                                                       MO 63103–2836, (314) 539–6583, TTY
                                                             MINNEAPOLIS OFFICE
     HUD—JACKSONVILLE HUB                                                                                            Number: (314) 539–6331.
                                                             220 Second Street, South Minneapolis, MN
     JACKSONVILLE OFFICE                                       55401–2195, (612) 370–3000, TTY                     OKLAHOMA CITY OFFICE
     Suite 2200, Southern Bell Tower, 301 West                 Number: (612) 370–3186.                             500 West Main Street, Suite 400, Oklahoma
       Bay Street, Jacksonville, FL 32202–5121,                                                                      City, OK 73102–2233, (405) 553–7401, TTY
                                                             MILWAUKEE OFFICE
       (904) 232–2626, TTY Number: (904) 232–                                                                        Number: 1–800–877–8339.
       2631.                                                 Suite 1380, Henry S. Reuss Federal Plaza,
                                                               310 West Wisconsin Avenue, Milwaukee,               HUD—DENVER HUB
     BIRMINGHAM OFFICE                                         WI 53203–2289, (414) 297–3214, TTY
     Medical Forum Building, 950 22nd St.,                     Number: (414) 297–23.                               DENVER OFFICE
      North, Suite 900, Birmingham, AL 35203–                                                                      633 17th Street, Denver, CO 80202–3607,
                                                             HUD—FT. WORTH HUB
      5301, (205) 731–2630, TTY Number: (205)                                                                        (303) 672–5440, TTY Number: (303) 672–
      731–2624.                                              LITTLE ROCK OFFICE                                      5248.
     JACKSON OFFICE                                          Suite 900, TCBY Tower, 425 West Capitol
                                                               Avenue, Little Rock, AR 72201–3488, (501)           HUD—SAN FRANCISCO HUB
     Suite 910, Doctor A.H. McCoy Federal
       Building, 100 West Capitol Street, Jackson,             324–5931, TTY Number: (501) 324–5931.               PHOENIX OFFICE
       MS 39269–1096, (601) 965–4700, TTY                    NEW ORLEANS OFFICE                                    Suite 1600, Two Arizona Center, 400 North
       Number: (601) 965–4171.                                                                                       5th Street, Phoenix, AZ 85004–2361, (602)
                                                             Ninth Floor, Hale Boggs Federal Building,
     HUD—CHICAGO HUB                                           501 Magazine Street, New Orleans, LA                  379–4434, TTY Number: (602) 379–4464.
                                                               70130–3099, (504) 589–7200, TTY
     CHICAGO OFFICE                                                                                                SAN FRANCISCO OFFICE
                                                               Number: (504) 589–7279.
     Ralph H. Metcalfe Federal Building, 77 West                                                                   Philip Burton Federal Building and U.S.
       Jackson Boulevard, Chicago, IL 60604–                 FT. WORTH OFFICE
                                                                                                                     Courthouse, 450 Golden Gate Avenue, P.O.
       3507, (312) 353–5680, TTY Number: (312)               801 Cherry Street, P.O. Box 2905, Fort Worth,           Box 36003, San Francisco, CA 94102–3448,
       353–5944.                                               TX 76113–2905, (817) 978–5965, TTY                    (415) 436–6550, TTY Number: (415) 436–
     INDIANAPOLIS OFFICE 151                                   Number: (817) 978–5595.
                                                                                                                     6594.
     North Delaware Street, Indianapolis, IN                 HOUSTON OFFICE
                                                                                                                   HONOLULU OFFICE
      46204–2526, (317) 226–6303, TTY                        Suite 200, Norfolk Tower, 2211 Norfolk,
      Number: (317) 226–7081.                                  Houston, TX 77098–4096, (713) 313–2274,             Suite 500, 7 Waterfront Plaza, 500 Ala Moana
                                                               TTY Number: (713) 834–3274.                           Boulevard, Honolulu, HI 96813–4918,
     HUD—DETROIT HUB
                                                                                                                     (808) 522–8185, TTY Number: (808) 522–
     DETROIT OFFICE                                          SAN ANTONIO OFFICE                                      8193.
     Patrick V. McNamara Federal Building, 477               Washington Square, 800 Dolorosa Street, San
                                                              Antonio, TX 78207–4563, (210) 475–6800,              HUD—LOS ANGELES HUB
       Michigan Avenue, Detroit, MI 48226–2592,
       (313) 226–7900, TTY Number: (313) 226–                 TTY Number: (210) 475–6885.                          LOS ANGELES OFFICE
       6899.                                                 HUD—GREAT PLAINS                                      611 West 6th Street, Suite 800, Los Angeles,
     GRAND RAPIDS OFFICE                                     DES MOINES OFFICE                                       CA 90017–3106, (213) 894–8000, TTY
     Trade Center Building, 50 Louis Street, NW,                                                                     Number: (213) 894–8133.
                                                             Room 239, Federal Building, 210 Walnut
       Third Floor, Grand Rapids, MI 49503–                    Street, Des Moines, IA 50309–2155, (515)            HUD—SEATTLE HUB
       2648, (616) 456–2100, TTY Number: (616)
                                                               284–4512, TTY Number: (515) 284–4728.
       456–2159.                                                                                                   PORTLAND OFFICE
                                                             KANSAS CITY OFFICE
     HUD—COLUMBUS HUB                                                                                              400 Southwest Sixth Avenue, Suite 700,
                                                             Room 200, Gateway Tower II, 400 State                   Portland, OR 97204–1632, (503) 326–2561,
     COLUMBUS OFFICE                                           Avenue, Kansas City, KS 66101–2406,                   TTY Number: (503) 326–3656
     200 North High Street, 7th Floor, Columbus,               (913) 551–5462, TTY Number: (913) 551–
       OH 43215–2499, (614) 469–2540, TTY                      6972.                                               APPENDIX B
       Number: (614) 469–6694.                                                                                       The non-standard forms, which follow, are
                                                             OMAHA OFFICE
     CLEVELAND OFFICE                                        Executive Tower Centre, 10909 Mill Valley             required for your Section 811 Program
     Renaissance Building, 1350 Euclid Avenue,                 Road, Omaha, NE 68154–3955, (402) 492–              application
       Suite 500, Cleveland, OH 44115–1815,                    3100, TTY Number: (402) 492–3183.                   BILLING CODE 4210–32–P




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