Emergency Capital Repair Grants for Multifamily Housing Projects Designated for Occupancy by the Elderly, 29538-29564 [06-4745]
Download as PDF
29538
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
I. Background
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5004–N–01]
Emergency Capital Repair Grants for
Multifamily Housing Projects
Designated for Occupancy by the
Elderly
Office of the Assistant
Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Notice.
dsatterwhite on PROD1PC76 with NOTICES
AGENCY:
SUMMARY: This notice announces the
availability of approximately $30
million in grant funds to make
emergency capital repairs to eligible
multifamily projects owned by private
nonprofit entities that are designated for
occupancy by elderly tenants. The
capital repair needs must relate to items
that present an immediate threat to the
health, safety, and quality of life of the
tenants. The intent of these grants is to
provide one-time assistance for
emergency items that could not be
absorbed within the project’s operating
budget and other project resources, and
where the tenants’ continued occupancy
in the immediate near future would be
jeopardized by a delay in initiating the
proposed cure.
The notice provides instructions for
owners of multifamily projects to
request funding and instructions for the
HUD field offices to process requests.
DATES: HUD will accept applications on
a first-come, first-serve basis upon
publication of this notice and will
award emergency capital repair grants
until available amounts are expended.
Applicants should submit emergency
capital repair applications as soon as
they have prepared an application that
complies with the procedures and
requirements contained in this notice.
ADDRESSES: Applications must be
submitted to the local HUD Field Office
for the project covered by the
application. Please see Appendix II for
a list of the local HUD Field Offices.
FOR FURTHER INFORMATION CONTACT: G.
DeWayne Kimbrough, Director, Grant
and Housing Assistance Field Support
Division, Office of Multifamily Housing,
Room 6146, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Washington, DC 20410; telephone
(202) 708–3000 (this is not a toll-free
number). Persons with hearing or
speech impairments may access this
number via TTY by calling the toll-free
Federal Information Relay Service at
(800) 877–8339.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
Section 202b of Title II of the Housing
Act of 1959 (12 U.S.C. 1701q–2) was
amended to provide grants for
‘‘substantial capital repairs to eligible
multifamily projects with elderly
tenants that are needed to rehabilitate,
modernize, or retrofit aging structures,
common areas or individual dwelling
units.’’ The Consolidated
Appropriations Act, 2005 (Pub. L. 108–
447, approved December 8, 2004),
provided $25 million ($15 million of
which was announced in the FY 2005
Assisted Living Conversion Program’s
Notice of Funding Availability (NOFA)
as being set aside for the Emergency
Capital Repair Program). In addition, the
Transportation, Treasury, Housing and
Urban Development, the Judiciary, the
District of Columbia, and Independent
Agencies Appropriations Act, 2006
(Pub. L. 109–115, approved November
30, 2005) provides $24.8 million for
grants under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q–
2) for conversion of eligible projects to
assisted living ‘‘and for emergency
capital repairs as determined by the
Secretary’’ of HUD.
This notice announces the availability
of approximately $30 million in
funding, including $15 million in FY
2006 appropriation funding and $15
million in carry-over grant funds to
make emergency capital repairs to
eligible multifamily projects that are
owned by private nonprofit entities. The
capital repair needs must relate to items
that present an immediate threat to the
health, safety, and quality of life of the
tenants. The intent of these grants is to
provide one-time assistance for
emergency items that could not be
absorbed within the project’s operating
budget and other project resources, and
where the tenants’ continued occupancy
in the immediate near future would be
jeopardized by a delay in initiating the
proposed cure.
II. Definition of ‘‘Emergency Capital
Repairs’’
For purposes of this notice,
‘‘emergency capital repairs’’ is defined
as repairs at a project to correct a
situation that presents an immediate
threat to the life, health and safety of
project tenants. Assistance is limited to
those projects with emergency problems
that are of such a magnitude that:
A. The problem poses an immediate
threat to the quality of life of the
tenants; and
B. The continuation of the existing
problem could potentially result in an
evacuation of the tenants or long-term
PO 00000
Frm 00002
Fmt 4701
Sfmt 4703
tenant displacement unless the repairs
are made.
III. Eligibility Requirements
Eligibility for emergency capital
repair grants under this notice is
restricted to: private nonprofit owners of
eligible multifamily-assisted housing
developments designated for occupancy
by elderly tenants, as specified in
sections 683(2)(B), (C), (D), (E), (F), or
(G) of the Housing and Community
Development Act of 1992 (Pub. L. 102–
550, approved October 28, 1992). Those
projects, as identified below, must have
had final closing on or before January 1,
1999. The eligible projects are:
A. Section 202 direct loan projects
with or without Section 8 rental
assistance;
B. Section 202 capital advance
projects receiving rental assistance
under their Project Rental Assistance
Contract (PRAC);
C. Section 515 rural housing projects
receiving Section 8 rental assistance;
D. Projects subsidized with Section
221(d)(3) below-market interest
mortgage;
E. Projects assisted under Section 236
of the National Housing Act; and
F. Other projects receiving Section 8
project-based rental assistance.
To be eligible for an emergency
capital repair grant under this notice, a
project owner must be in compliance
with:
1. Its Loan Agreement, Capital
Advance Agreement, Regulatory
Agreement Housing Assistance Payment
contract, Project Rental Assistance
contract, Rent Supplement or Loan
Management Set Aside (LMSA)
contract, or any other HUD grant or
contract document, and
2. All applicants must comply with
all applicable fair housing and civil
rights requirements in 24 CFR 5.105(a),
as applicable.
If you, the applicant:
(a) Have been charged with an
ongoing systemic violation of the Fair
Housing Act; or
(b) Are a defendant in a Fair Housing
Act lawsuit filed by the Department of
Justice alleging an ongoing pattern or
practice of discrimination; or
(c) Have received a letter of findings
identifying ongoing systemic
noncompliance under Title VI of the
Civil Rights Act of 1964, section 504 of
the Rehabilitation Act of 1973, or
section 109 of the Housing and
Community Development Act of 1974,
and the charge, lawsuit, or letter of
findings referenced in subparagraph (a),
(b), or (c) above has not been resolved
to HUD’s satisfaction before the
application deadline, then you are
E:\FR\FM\22MYN2.SGM
22MYN2
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
ineligible and HUD will not rate and
rank your application. HUD will
determine if actions to resolve the
charge, lawsuit, or letter of finding taken
prior to the application deadline are
sufficient to resolve the matter.
Examples of actions that would
normally be considered sufficient to
resolve the matter include, but are not
limited to:
(i) A voluntary compliance agreement
signed by all parties in response to a
letter of finding;
(ii) A HUD-approved conciliation
agreement signed by all parties;
(iii) A consent order or consent
decree; or
(iv) An issuance of a judicial ruling or
a HUD Administrative Law Judge’s
decision.
dsatterwhite on PROD1PC76 with NOTICES
IV. Grant Requirements
A. Conditions for Assistance
The following conditions apply to
emergency capital grants awarded under
this notice:
1. The request for funding must
clearly identify the existing emergency
and must contain a detailed justification
in support of the emergency
designation.
2. Funds awarded may be expended
only for approved uses.
3. Repairs must be initiated
immediately upon receiving the grant
award and must be substantially
completed within 6 months of the initial
start, with final repairs completed no
later than 12 months after receipt of
funding. Unless there are safety
concerns, tenants must be able to
remain in their units while the repairs
are being made.
4. The project owner must
demonstrate that: (i) The project
accounts have been maintained in
accordance with all HUD requirements;
and (ii) there are insufficient funds in
the operating budget and other project
resources. Owners must use all residual
receipts available and all reserve for
replacement funds in excess of $1,000
per unit to address the emergency.
5. The project owner’s most recent
management review rating is
‘‘satisfactory’’ or above.
6. The most recent Real Estate
Assessment Center (REAC) physical
inspection report for the project must
have a score of 60 or above.
Developments scoring less than 60 are
ineligible.
7. The project is well maintained
except for the current emergency capital
repair needs.
8. The project does not have a recent
history of mortgage defaults.
9. The project owner does not have
any material-adverse financial or
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
managerial actions or omissions with
regard to any project that is federally
assisted or financed with a loan or
capital advance from, or mortgage
insured by, an agency of the Federal
government.
10. Tenants must be notified of the
request for the grant and must be
informed of the overall plan to complete
the capital repairs.
11. The owner’s Affirmative Fair
Housing Marketing Plan (AFHMP) must
meet all applicable HUD requirements.
A copy of the approved AFHMP should
be attached with the request for funding.
If the owner does not have an approved
AFHMP, one must be submitted for
HUD approval along with the request for
funds. A request for funds without
either an existing approved AFHMP or
a proposed AFHMP will be considered
incomplete and will be processed using
the procedures set out in Section V B.3
of this notice.
12. The project owner must not have
an outstanding Letter of Noncompliance
and must not be out of compliance with
a voluntary compliance agreement,
consent decree, court order, or other
Settlement Agreement. If the project
owner has an outstanding Letter of
Noncompliance or is not in compliance
with a voluntary compliance agreement,
consent decree, court order, or other
Settlement Agreement, the project
owner must submit, along with the
request for funds, a plan that identifies
the compliance problem(s) and the
method(s) to be used to correct it (them).
A request for funds without a written
correction plan under the conditions of
this paragraph will be considered
incomplete and will be processed using
the procedures set out in Section V B.3
of this notice.
B. Funding
The following requirements apply to
emergency capital grant amounts
awarded under this notice:
1. The maximum amount an
individual project owner may apply for
is $500,000. (The grant, along with
funds from other sources, must remove
the emergency condition’s.)
2. All grant requests that are
submitted by the Hub Directors will be
funded based on the date and time of
receipt in the Field Offices. See V B. (2)
and (3) below.
3. HUD retains the right to adjust the
amount of the grant up (to a maximum
grant of $500,000) or down, based on
review of the reasonableness of the costs
for completing the repairs.
4. Davis-Bacon prevailing wage rate
requirements do not apply to emergency
capital repair grants. Davis-Bacon
requirements may apply to emergency
PO 00000
Frm 00003
Fmt 4701
Sfmt 4703
29539
repairs if the repairs will also be
assisted by another federal program that
requires Davis-Bacon wage rates.
C. Eligible Uses of Funds
Grant funds are available only for
emergency capital repairs that relate to
immediate health/safety needs that
impact upon the quality of life of the
tenants if the repairs are not made. The
project owner must submit a description
of the proposed use of the funds and
demonstrate how the repairs relate to
eliminating the immediate emergency
for the tenants. The repair item must
have existed prior to submission of the
application in order to obtain grant
funds. The award is a one-time
opportunity for correction of the threat
to the tenants. Funds may be used to
repair or replace systems including, but
not limited to:
1. Existing major building and
structural components that are in
critical condition; and
2. Repairs or replacements to existing
mechanical equipment to the extent that
they are necessary for health and safety
reasons. The purchase of high efficiency
heating and cooling systems (Energy
Star) for the approved replacement
equipment is encouraged to promote
energy conservation.
D. Ineligible Uses of Funds
Emergency capital repair grants may
not be used for the following costs:
1. Deferred maintenance items.
2. Lead-based paint abatement.
3. Demolition and reconstruction
activities, e.g., conversion of bedroom
units.
4. Security systems.
5. Improvements, i.e., installation of
sprinkler systems, air conditioning,
additional lighting in parking lots, etc.
6. Clearing of mold or mildew unless
it is related to a repair of an existing
emergency item that poses an
immediate threat to the residents.
E. Rental Use Agreement
If there are less than 10 years
remaining on the existing mortgage,
owners must enter into a Rental Use
Agreement (Appendix I of this notice),
to extend the remaining affordability of
the project for up to 10 years. For
example, if the maturity date of the
mortgage is 3 years from the execution
of the Grant Agreement, the owner must
enter into a Rental Use Agreement for 7
years beyond the term of the mortgage.
If the maturity date of the mortgage is
15 years, the owner will not need to
execute a Rental Use Agreement unless
the mortgage is prepaid. All Rental Use
Agreements must be recorded.
E:\FR\FM\22MYN2.SGM
22MYN2
29540
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
V. Request Process
B. Field Office Processing
A. Owner Submission Requirements
An emergency categorization is
critical to qualifying for participation in
this program. Requests for grants must
be submitted in accordance with the
procedures described below:
1. The request must be made in
writing and submitted by the project
owner to the local field office. The
request must clearly identify the basis
for the emergency declaration and how
it impacts the health and safety of the
tenants, as well as what would happen
if the emergency repair were not made
immediately. The request also must
identify the repairs proposed to correct
the emergency for which funding is
requested. Requests signed by a
consultant or management agent on
behalf of the owner are not acceptable.
1. The Hub Director/Program Center
Director is responsible for ensuring that
the requests are promptly and
thoroughly reviewed and submitted to
HUD Headquarters.
2. Upon receipt of an owner’s
application, the Field Office will notify
Headquarters of the date and time of
receipt by facsimile, which should be
addressed, ‘‘Attention: G. DeWayne
Kimbrough, Director, Grant and Housing
Assistance Field Support Division.’’ His
facsimile number is (202) 401–9087.
Headquarters will acknowledge the date
and time of receipt by return facsimile.
Also, Headquarters will advise the Field
Office that the application will be
placed in the Headquarters funding
queue as of the date and time of
reported receipt and that the Field
Office has 15 working days to review
and mail the approved application to
Headquarters in accordance with the
approval process outlined in C. below.
3. Incomplete applications will not be
processed and will be returned to the
owner. Owners may revise and resubmit an application. However, the
resubmitted application will be
processed as a new request in the order
in which it is received the second time.
The Field Office must also notify
Headquarters by facsimile of the date an
incomplete application is returned to
the owner so that the application can be
taken out of the Headquarters funding
queue.
4. Each field office has the
responsibility for conducting a
comprehensive review of the project’s
files, which may include an on-site
review if such action is determined to
be necessary to resolve concerns raised
by the comprehensive review. The
review should consist of completion of
the questions in Appendix IV of this
notice and may include any other
concerns the field office may have about
the project. The Office of Fair Housing
and Equal Opportunity (FHEO) must be
involved in determining fair housing
and civil rights compliance.
dsatterwhite on PROD1PC76 with NOTICES
Note: Repair items identified on the REAC
physical inspection report are not sufficient
to be classified as emergency in nature.
2. The repair and/or replacement
items are to be written in a manner that
specifically describes the scope of work
to be performed, provides an estimate of
the cost of the work to be performed,
and provides an explanation of the basis
for the estimate. The estimate provided
for the cost of each action item must be
reasonable and current (within 6
months of the application submission).
3. The request must demonstrate that
the repairs cannot be corrected at a cost
that can be absorbed within the
operating budget or by use of the reserve
for replacement funds in excess of
$1,000 per unit and/or residual receipts
funds.
4. The request must provide a project
plan for substantially completing the
repairs within 6 months, but no longer
than 12 months from the date of the
grant award.
5. The project owner must notify the
tenants of the plans to apply for this
grant. The request must provide
evidence that the tenants were notified
and given the opportunity to make
comments. Any comments received
from the tenants must be submitted to
the local HUD field office along with the
repair request.
6. The request must provide a
description of any unsuccessful
attempts the owner has made to acquire
funds from other sources, including
letters of denial from funding sources, to
complete the outstanding emergency
capital repairs.
7. The request must provide a
description of any previous grants or
loans received by the project for repairs
during the past 3 years from the
effective date of this notice.
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
C. Approval Process
1. All approvable requests along with
the Recommendations from the Program
Centers (Appendix III of this notice)
along with narratives describing the
emergency capital repairs at the
property are to be sent to the
Multifamily Hub Director. Hub Directors
will review, sign the certification, and
mail the approvable request to the
Office of Housing Assistance and Grant
Administration in Headquarters,
Attention: Willie Spearmon, 451
PO 00000
Frm 00004
Fmt 4701
Sfmt 4703
Seventh Street, SW., Washington, DC
20410.
2. When Headquarters receives the
request from the Hub Director, the
Office of Housing Assistance and Grant
Administration will process the request
and award the funds, if approved, in
accordance with the funding queue
established by the date and time of
receipt in the Field Office.
Note: HUD Headquarters reserves the right
to deny or reduce any request for funds.
3. Headquarters will notify the Hub
Director/Program Center Director by
memorandum at the time the
assignment of the funds has been
approved. The Hub staff will prepare
form HUD–718 and send it to the Fort
Worth Accounting Center (FWAC) to
reserve the funds in the name of the
project. After the funds have been
reserved, the Field Office can notify the
grantee of the award and inform the
grantee that execution of the Grant
Agreement (Appendix V) and Rental
Use Agreement (if appropriate) is
necessary to receive the funds.
Catalog of Federal Domestic
Assistance (CFDA) Number: 14.315.
VI. Paperwork Reduction Act
The information collection
requirements contained in this rule have
been submitted to the Office of
Management and Budget (OMB) for
review under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3520) and
assigned OMB control number 2502–
0542. This Notice also contains
information collection requirements that
have not yet received OMB approval.
These information collection
requirements have been submitted to
OMB for review, and approval is
pending. HUD will announce the
control numbers once OMB approval is
received. In accordance with the
Paperwork Reduction Act of 1995, an
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless the
collection displays a valid control
number.
VII. Environmental Review
A Finding of No Significant Impact
(FONSI) with respect to the
environment has been made for this
notice in accordance with HUD
regulations at 24 CFR part 50 that
implement section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). The FONSI
is available for public inspection
between 8 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except federal
holidays, in the Office of the General
Counsel, Regulations Division, Room
E:\FR\FM\22MYN2.SGM
22MYN2
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
an appointment to review the FONSI by
calling the Regulations Division at (202)
708–3055 (this is not a toll-free
number).
PO 00000
Dated: May 16, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
BILLING CODE 4210–67–P
Frm 00005
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.014
dsatterwhite on PROD1PC76 with NOTICES
10276, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Washington, DC 20410–0500. Due
to security measures at the HUD
Headquarters building, please schedule
29541
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00006
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.015
dsatterwhite on PROD1PC76 with NOTICES
29542
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00007
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29543
EN22MY06.016
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00008
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.017
dsatterwhite on PROD1PC76 with NOTICES
29544
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00009
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29545
EN22MY06.018
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00010
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.019
dsatterwhite on PROD1PC76 with NOTICES
29546
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00011
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29547
EN22MY06.020
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00012
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.021
dsatterwhite on PROD1PC76 with NOTICES
29548
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00013
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29549
EN22MY06.022
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00014
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.023
dsatterwhite on PROD1PC76 with NOTICES
29550
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00015
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29551
EN22MY06.024
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00016
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.025
dsatterwhite on PROD1PC76 with NOTICES
29552
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00017
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29553
EN22MY06.026
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00018
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.027
dsatterwhite on PROD1PC76 with NOTICES
29554
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00019
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29555
EN22MY06.028
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00020
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.029
dsatterwhite on PROD1PC76 with NOTICES
29556
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00021
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29557
EN22MY06.030
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00022
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.031
dsatterwhite on PROD1PC76 with NOTICES
29558
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00023
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29559
EN22MY06.032
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00024
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.033
dsatterwhite on PROD1PC76 with NOTICES
29560
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00025
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29561
EN22MY06.034
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
VerDate Aug<31>2005
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00026
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.035
dsatterwhite on PROD1PC76 with NOTICES
29562
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00027
Fmt 4701
Sfmt 4725
E:\FR\FM\22MYN2.SGM
22MYN2
29563
EN22MY06.036
dsatterwhite on PROD1PC76 with NOTICES
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
[FR Doc. 06–4745 Filed 5–17–06; 4:35 pm]
BILLING CODE 4210–67–C
VerDate Aug<31>2005
20:29 May 19, 2006
Jkt 208001
PO 00000
Frm 00028
Fmt 4701
Sfmt 4703
E:\FR\FM\22MYN2.SGM
22MYN2
EN22MY06.037
dsatterwhite on PROD1PC76 with NOTICES
29564
Agencies
[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Notices]
[Pages 29538-29564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4745]
[[Page 29537]]
-----------------------------------------------------------------------
Part III
Department of Housing and Urban Development
-----------------------------------------------------------------------
Emergency Capital Repair Grants for Multifamily Housing Projects
Designated for Occupancy by the Elderly; Notice
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Notices
[[Page 29538]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5004-N-01]
Emergency Capital Repair Grants for Multifamily Housing Projects
Designated for Occupancy by the Elderly
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of approximately $30
million in grant funds to make emergency capital repairs to eligible
multifamily projects owned by private nonprofit entities that are
designated for occupancy by elderly tenants. The capital repair needs
must relate to items that present an immediate threat to the health,
safety, and quality of life of the tenants. The intent of these grants
is to provide one-time assistance for emergency items that could not be
absorbed within the project's operating budget and other project
resources, and where the tenants' continued occupancy in the immediate
near future would be jeopardized by a delay in initiating the proposed
cure.
The notice provides instructions for owners of multifamily projects
to request funding and instructions for the HUD field offices to
process requests.
DATES: HUD will accept applications on a first-come, first-serve basis
upon publication of this notice and will award emergency capital repair
grants until available amounts are expended. Applicants should submit
emergency capital repair applications as soon as they have prepared an
application that complies with the procedures and requirements
contained in this notice.
ADDRESSES: Applications must be submitted to the local HUD Field Office
for the project covered by the application. Please see Appendix II for
a list of the local HUD Field Offices.
FOR FURTHER INFORMATION CONTACT: G. DeWayne Kimbrough, Director, Grant
and Housing Assistance Field Support Division, Office of Multifamily
Housing, Room 6146, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410; telephone (202) 708-3000
(this is not a toll-free number). Persons with hearing or speech
impairments may access this number via TTY by calling the toll-free
Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Section 202b of Title II of the Housing Act of 1959 (12 U.S.C.
1701q-2) was amended to provide grants for ``substantial capital
repairs to eligible multifamily projects with elderly tenants that are
needed to rehabilitate, modernize, or retrofit aging structures, common
areas or individual dwelling units.'' The Consolidated Appropriations
Act, 2005 (Pub. L. 108-447, approved December 8, 2004), provided $25
million ($15 million of which was announced in the FY 2005 Assisted
Living Conversion Program's Notice of Funding Availability (NOFA) as
being set aside for the Emergency Capital Repair Program). In addition,
the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Pub. L. 109-115, approved November 30, 2005)
provides $24.8 million for grants under section 202b of the Housing Act
of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects to
assisted living ``and for emergency capital repairs as determined by
the Secretary'' of HUD.
This notice announces the availability of approximately $30 million
in funding, including $15 million in FY 2006 appropriation funding and
$15 million in carry-over grant funds to make emergency capital repairs
to eligible multifamily projects that are owned by private nonprofit
entities. The capital repair needs must relate to items that present an
immediate threat to the health, safety, and quality of life of the
tenants. The intent of these grants is to provide one-time assistance
for emergency items that could not be absorbed within the project's
operating budget and other project resources, and where the tenants'
continued occupancy in the immediate near future would be jeopardized
by a delay in initiating the proposed cure.
II. Definition of ``Emergency Capital Repairs''
For purposes of this notice, ``emergency capital repairs'' is
defined as repairs at a project to correct a situation that presents an
immediate threat to the life, health and safety of project tenants.
Assistance is limited to those projects with emergency problems that
are of such a magnitude that:
A. The problem poses an immediate threat to the quality of life of
the tenants; and
B. The continuation of the existing problem could potentially
result in an evacuation of the tenants or long-term tenant displacement
unless the repairs are made.
III. Eligibility Requirements
Eligibility for emergency capital repair grants under this notice
is restricted to: private nonprofit owners of eligible multifamily-
assisted housing developments designated for occupancy by elderly
tenants, as specified in sections 683(2)(B), (C), (D), (E), (F), or (G)
of the Housing and Community Development Act of 1992 (Pub. L. 102-550,
approved October 28, 1992). Those projects, as identified below, must
have had final closing on or before January 1, 1999. The eligible
projects are:
A. Section 202 direct loan projects with or without Section 8
rental assistance;
B. Section 202 capital advance projects receiving rental assistance
under their Project Rental Assistance Contract (PRAC);
C. Section 515 rural housing projects receiving Section 8 rental
assistance;
D. Projects subsidized with Section 221(d)(3) below-market interest
mortgage;
E. Projects assisted under Section 236 of the National Housing Act;
and
F. Other projects receiving Section 8 project-based rental
assistance.
To be eligible for an emergency capital repair grant under this
notice, a project owner must be in compliance with:
1. Its Loan Agreement, Capital Advance Agreement, Regulatory
Agreement Housing Assistance Payment contract, Project Rental
Assistance contract, Rent Supplement or Loan Management Set Aside
(LMSA) contract, or any other HUD grant or contract document, and
2. All applicants must comply with all applicable fair housing and
civil rights requirements in 24 CFR 5.105(a), as applicable.
If you, the applicant:
(a) Have been charged with an ongoing systemic violation of the
Fair Housing Act; or
(b) Are a defendant in a Fair Housing Act lawsuit filed by the
Department of Justice alleging an ongoing pattern or practice of
discrimination; or
(c) Have received a letter of findings identifying ongoing systemic
noncompliance under Title VI of the Civil Rights Act of 1964, section
504 of the Rehabilitation Act of 1973, or section 109 of the Housing
and Community Development Act of 1974, and the charge, lawsuit, or
letter of findings referenced in subparagraph (a), (b), or (c) above
has not been resolved to HUD's satisfaction before the application
deadline, then you are
[[Page 29539]]
ineligible and HUD will not rate and rank your application. HUD will
determine if actions to resolve the charge, lawsuit, or letter of
finding taken prior to the application deadline are sufficient to
resolve the matter.
Examples of actions that would normally be considered sufficient to
resolve the matter include, but are not limited to:
(i) A voluntary compliance agreement signed by all parties in
response to a letter of finding;
(ii) A HUD-approved conciliation agreement signed by all parties;
(iii) A consent order or consent decree; or
(iv) An issuance of a judicial ruling or a HUD Administrative Law
Judge's decision.
IV. Grant Requirements
A. Conditions for Assistance
The following conditions apply to emergency capital grants awarded
under this notice:
1. The request for funding must clearly identify the existing
emergency and must contain a detailed justification in support of the
emergency designation.
2. Funds awarded may be expended only for approved uses.
3. Repairs must be initiated immediately upon receiving the grant
award and must be substantially completed within 6 months of the
initial start, with final repairs completed no later than 12 months
after receipt of funding. Unless there are safety concerns, tenants
must be able to remain in their units while the repairs are being made.
4. The project owner must demonstrate that: (i) The project
accounts have been maintained in accordance with all HUD requirements;
and (ii) there are insufficient funds in the operating budget and other
project resources. Owners must use all residual receipts available and
all reserve for replacement funds in excess of $1,000 per unit to
address the emergency.
5. The project owner's most recent management review rating is
``satisfactory'' or above.
6. The most recent Real Estate Assessment Center (REAC) physical
inspection report for the project must have a score of 60 or above.
Developments scoring less than 60 are ineligible.
7. The project is well maintained except for the current emergency
capital repair needs.
8. The project does not have a recent history of mortgage defaults.
9. The project owner does not have any material-adverse financial
or managerial actions or omissions with regard to any project that is
federally assisted or financed with a loan or capital advance from, or
mortgage insured by, an agency of the Federal government.
10. Tenants must be notified of the request for the grant and must
be informed of the overall plan to complete the capital repairs.
11. The owner's Affirmative Fair Housing Marketing Plan (AFHMP)
must meet all applicable HUD requirements. A copy of the approved AFHMP
should be attached with the request for funding. If the owner does not
have an approved AFHMP, one must be submitted for HUD approval along
with the request for funds. A request for funds without either an
existing approved AFHMP or a proposed AFHMP will be considered
incomplete and will be processed using the procedures set out in
Section V B.3 of this notice.
12. The project owner must not have an outstanding Letter of
Noncompliance and must not be out of compliance with a voluntary
compliance agreement, consent decree, court order, or other Settlement
Agreement. If the project owner has an outstanding Letter of
Noncompliance or is not in compliance with a voluntary compliance
agreement, consent decree, court order, or other Settlement Agreement,
the project owner must submit, along with the request for funds, a plan
that identifies the compliance problem(s) and the method(s) to be used
to correct it (them). A request for funds without a written correction
plan under the conditions of this paragraph will be considered
incomplete and will be processed using the procedures set out in
Section V B.3 of this notice.
B. Funding
The following requirements apply to emergency capital grant amounts
awarded under this notice:
1. The maximum amount an individual project owner may apply for is
$500,000. (The grant, along with funds from other sources, must remove
the emergency condition's.)
2. All grant requests that are submitted by the Hub Directors will
be funded based on the date and time of receipt in the Field Offices.
See V B. (2) and (3) below.
3. HUD retains the right to adjust the amount of the grant up (to a
maximum grant of $500,000) or down, based on review of the
reasonableness of the costs for completing the repairs.
4. Davis-Bacon prevailing wage rate requirements do not apply to
emergency capital repair grants. Davis-Bacon requirements may apply to
emergency repairs if the repairs will also be assisted by another
federal program that requires Davis-Bacon wage rates.
C. Eligible Uses of Funds
Grant funds are available only for emergency capital repairs that
relate to immediate health/safety needs that impact upon the quality of
life of the tenants if the repairs are not made. The project owner must
submit a description of the proposed use of the funds and demonstrate
how the repairs relate to eliminating the immediate emergency for the
tenants. The repair item must have existed prior to submission of the
application in order to obtain grant funds. The award is a one-time
opportunity for correction of the threat to the tenants. Funds may be
used to repair or replace systems including, but not limited to:
1. Existing major building and structural components that are in
critical condition; and
2. Repairs or replacements to existing mechanical equipment to the
extent that they are necessary for health and safety reasons. The
purchase of high efficiency heating and cooling systems (Energy Star)
for the approved replacement equipment is encouraged to promote energy
conservation.
D. Ineligible Uses of Funds
Emergency capital repair grants may not be used for the following
costs:
1. Deferred maintenance items.
2. Lead-based paint abatement.
3. Demolition and reconstruction activities, e.g., conversion of
bedroom units.
4. Security systems.
5. Improvements, i.e., installation of sprinkler systems, air
conditioning, additional lighting in parking lots, etc.
6. Clearing of mold or mildew unless it is related to a repair of
an existing emergency item that poses an immediate threat to the
residents.
E. Rental Use Agreement
If there are less than 10 years remaining on the existing mortgage,
owners must enter into a Rental Use Agreement (Appendix I of this
notice), to extend the remaining affordability of the project for up to
10 years. For example, if the maturity date of the mortgage is 3 years
from the execution of the Grant Agreement, the owner must enter into a
Rental Use Agreement for 7 years beyond the term of the mortgage. If
the maturity date of the mortgage is 15 years, the owner will not need
to execute a Rental Use Agreement unless the mortgage is prepaid. All
Rental Use Agreements must be recorded.
[[Page 29540]]
V. Request Process
A. Owner Submission Requirements
An emergency categorization is critical to qualifying for
participation in this program. Requests for grants must be submitted in
accordance with the procedures described below:
1. The request must be made in writing and submitted by the project
owner to the local field office. The request must clearly identify the
basis for the emergency declaration and how it impacts the health and
safety of the tenants, as well as what would happen if the emergency
repair were not made immediately. The request also must identify the
repairs proposed to correct the emergency for which funding is
requested. Requests signed by a consultant or management agent on
behalf of the owner are not acceptable.
Note: Repair items identified on the REAC physical inspection
report are not sufficient to be classified as emergency in nature.
2. The repair and/or replacement items are to be written in a
manner that specifically describes the scope of work to be performed,
provides an estimate of the cost of the work to be performed, and
provides an explanation of the basis for the estimate. The estimate
provided for the cost of each action item must be reasonable and
current (within 6 months of the application submission).
3. The request must demonstrate that the repairs cannot be
corrected at a cost that can be absorbed within the operating budget or
by use of the reserve for replacement funds in excess of $1,000 per
unit and/or residual receipts funds.
4. The request must provide a project plan for substantially
completing the repairs within 6 months, but no longer than 12 months
from the date of the grant award.
5. The project owner must notify the tenants of the plans to apply
for this grant. The request must provide evidence that the tenants were
notified and given the opportunity to make comments. Any comments
received from the tenants must be submitted to the local HUD field
office along with the repair request.
6. The request must provide a description of any unsuccessful
attempts the owner has made to acquire funds from other sources,
including letters of denial from funding sources, to complete the
outstanding emergency capital repairs.
7. The request must provide a description of any previous grants or
loans received by the project for repairs during the past 3 years from
the effective date of this notice.
B. Field Office Processing
1. The Hub Director/Program Center Director is responsible for
ensuring that the requests are promptly and thoroughly reviewed and
submitted to HUD Headquarters.
2. Upon receipt of an owner's application, the Field Office will
notify Headquarters of the date and time of receipt by facsimile, which
should be addressed, ``Attention: G. DeWayne Kimbrough, Director, Grant
and Housing Assistance Field Support Division.'' His facsimile number
is (202) 401-9087. Headquarters will acknowledge the date and time of
receipt by return facsimile. Also, Headquarters will advise the Field
Office that the application will be placed in the Headquarters funding
queue as of the date and time of reported receipt and that the Field
Office has 15 working days to review and mail the approved application
to Headquarters in accordance with the approval process outlined in C.
below.
3. Incomplete applications will not be processed and will be
returned to the owner. Owners may revise and re-submit an application.
However, the resubmitted application will be processed as a new request
in the order in which it is received the second time. The Field Office
must also notify Headquarters by facsimile of the date an incomplete
application is returned to the owner so that the application can be
taken out of the Headquarters funding queue.
4. Each field office has the responsibility for conducting a
comprehensive review of the project's files, which may include an on-
site review if such action is determined to be necessary to resolve
concerns raised by the comprehensive review. The review should consist
of completion of the questions in Appendix IV of this notice and may
include any other concerns the field office may have about the project.
The Office of Fair Housing and Equal Opportunity (FHEO) must be
involved in determining fair housing and civil rights compliance.
C. Approval Process
1. All approvable requests along with the Recommendations from the
Program Centers (Appendix III of this notice) along with narratives
describing the emergency capital repairs at the property are to be sent
to the Multifamily Hub Director. Hub Directors will review, sign the
certification, and mail the approvable request to the Office of Housing
Assistance and Grant Administration in Headquarters, Attention: Willie
Spearmon, 451 Seventh Street, SW., Washington, DC 20410.
2. When Headquarters receives the request from the Hub Director,
the Office of Housing Assistance and Grant Administration will process
the request and award the funds, if approved, in accordance with the
funding queue established by the date and time of receipt in the Field
Office.
Note: HUD Headquarters reserves the right to deny or reduce any
request for funds.
3. Headquarters will notify the Hub Director/Program Center
Director by memorandum at the time the assignment of the funds has been
approved. The Hub staff will prepare form HUD-718 and send it to the
Fort Worth Accounting Center (FWAC) to reserve the funds in the name of
the project. After the funds have been reserved, the Field Office can
notify the grantee of the award and inform the grantee that execution
of the Grant Agreement (Appendix V) and Rental Use Agreement (if
appropriate) is necessary to receive the funds.
Catalog of Federal Domestic Assistance (CFDA) Number: 14.315.
VI. Paperwork Reduction Act
The information collection requirements contained in this rule have
been submitted to the Office of Management and Budget (OMB) for review
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and
assigned OMB control number 2502-0542. This Notice also contains
information collection requirements that have not yet received OMB
approval. These information collection requirements have been submitted
to OMB for review, and approval is pending. HUD will announce the
control numbers once OMB approval is received. In accordance with the
Paperwork Reduction Act of 1995, an agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless the collection displays a valid control number.
VII. Environmental Review
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made for this notice in accordance with HUD
regulations at 24 CFR part 50 that implement section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The
FONSI is available for public inspection between 8 a.m. and 5 p.m.
Eastern Time, Monday through Friday, except federal holidays, in the
Office of the General Counsel, Regulations Division, Room
[[Page 29541]]
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW., Washington, DC 20410-0500. Due to security measures at the HUD
Headquarters building, please schedule an appointment to review the
FONSI by calling the Regulations Division at (202) 708-3055 (this is
not a toll-free number).
Dated: May 16, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
BILLING CODE 4210-67-P
[GRAPHIC] [TIFF OMITTED] TN22MY06.014
[[Page 29542]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.015
[[Page 29543]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.016
[[Page 29544]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.017
[[Page 29545]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.018
[[Page 29546]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.019
[[Page 29547]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.020
[[Page 29548]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.021
[[Page 29549]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.022
[[Page 29550]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.023
[[Page 29551]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.024
[[Page 29552]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.025
[[Page 29553]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.026
[[Page 29554]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.027
[[Page 29555]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.028
[[Page 29556]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.029
[[Page 29557]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.030
[[Page 29558]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.031
[[Page 29559]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.032
[[Page 29560]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.033
[[Page 29561]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.034
[[Page 29562]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.035
[[Page 29563]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.036
[[Page 29564]]
[GRAPHIC] [TIFF OMITTED] TN22MY06.037
[FR Doc. 06-4745 Filed 5-17-06; 4:35 pm]
BILLING CODE 4210-67-C