HOPE VI Main Street Grants Notice of Funding Availability, 36380-36400 [E8-14445]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 124 (Thursday, June 26, 2008)]
[Notices]
[Pages 36380-36400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14445]



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Part II





Department of Housing and Urban Development





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HOPE VI Main Street Grants Notice of Funding Availability; Notice

Federal Register / Vol. 73, No. 124 / Thursday, June 26, 2008 / 
Notices

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5212-N-01]


HOPE VI Main Street Grants Notice of Funding Availability

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice of HUD's Fiscal Year (FY) 2008 Notice of Funding 
Availability for HUD's Discretionary Programs (SuperNOFA): HOPE VI Main 
Street Grants Program.

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SUMMARY: Although this NOFA is not included in the SuperNOFA 
announcement, this NOFA is governed by the information and instructions 
found in the Notice of HUD's Fiscal Year 2008 Notice of Funding 
Availability Policy Requirements and General Section (2008 General 
Section) that HUD published on March 19, 2008, and all subsequent 
Supplementary Information and Technical Corrections published in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Questions regarding specific program 
requirements should be directed to the agency contact identified in 
this program NOFA. Questions regarding the 2008 General Section or 
Supplementary information thereto, should be directed to the Office of 
Departmental Grants Management and Oversight at (202) 708-0667 (this is 
not a toll-free number) or the NOFA Information Center at (800) HUD-
8929 (toll-free). Persons with hearing or speech impairments may access 
these numbers via TTY by calling the Federal Information Relay Service 
at (800) 877-8339. The NOFA Information Center is open between the 
hours of 10 a.m. and 6:30 p.m. eastern time, Monday through Friday, 
except federal holidays.

SUPPLEMENTARY INFORMATION: Through today's publication, HUD is making 
available approximately $4 million in assistance through the FY2008 
HOPE VI Main Street Grants program. Today's publication is in addition 
to the $1 billion made available through the FY2008 SuperNOFA.
    As is HUD's practice in publishing the SuperNOFA, the NOFA 
published today provides the statutory and regulatory requirements, 
threshold requirements, and rating factors applicable to funding being 
made available today (through the HOPE VI Main Street NOFA). Applicants 
for the HOPE VI Main Street NOFA must also refer to the 2008 General 
Section and any subsequent Supplementary Information and Technical 
Corrections for important application information and requirements, 
including submission requirements, which have changed this year.
    In FY2008, HUD intends to continue to require its applicants to 
submit their applications electronically through https://www.grants.gov. 
If applicants have questions concerning the registration process, 
registration renewal, assigning a new Authorized Organization 
Representative, or have a question about a NOFA requirement, please 
contact HUD staff identified in this program NOFA. HUD staff cannot 
help the applicant write the application, but can clarify requirements 
that are contained in the 2008 General Section, this Notice, and in 
HUD's registration materials.
    New applicants should note that they are required to complete a 
five-step registration process in order to submit their applications 
electronically. The 2008 General Section, included in the instructions 
download materials on https://www.grants.gov (Grants.gov), provides a 
step-by-step explanation of the registration process, as well as where 
to find, on HUD's Web site, materials prepared by HUD to help guide 
applicants through the registration and application submission process.
    Applications and Instructions have been posted to Grants.gov. HUD 
encourages applicants to subscribe to the Grants.gov free notification 
service. By doing so, applicants will receive an e-mail notification as 
soon as items are posted to the Web site. The address to subscribe to 
this service is https://www.grants.gov/search/email.do. By joining the 
notification service, if a modification is made to the NOFA, applicants 
will receive an e-mail notification that a change has been made.
    HUD encourages applicants to carefully read the 2008 General 
Section and this program section of the NOFA. Carefully following the 
directions provided can make the difference in a successful application 
submission.

Overview Information

    A. Federal Agency Name. Department of Housing and Urban 
Development, Office of Public and Indian Housing.
    B. Funding Opportunity Title. HOPE VI Main Street Grants.
    C. Announcement Type. Initial announcement.
    D. Funding Opportunity Number. FR-5212-N-01; OMB approval number is 
2577-0208.
    E. Catalog of Federal Domestic Assistance (CFDA) Number. The CFDA 
number for this NOFA is 14.878, ``Affordable Housing Development in 
Main Street Rejuvenation Projects.''
    F. Dates.
    1. Application Submission Date. The application deadline date is 
August 15, 2008. Applications must be received and validated by 
Grants.gov no later than 11:59:59 p.m. on the application deadline 
date. Validation by Grants.gov may occur up to 48 hours after 
electronic receipt of the application. See the 2008 General Section for 
application submission and timely receipt requirements.
    2. Estimated Grant Award Date. The estimated award date will be 
September 24, 2008.
    G. Additional Important Overview Information.
    1. Electronic Application Submission. Applications for this NOFA 
must be submitted electronically through https://www.grants.gov/
applicants/apply_for_grants.jsp. Registration or required annual re-
registration to submit an application electronically may take more than 
a week because of the following: (1) The applicant's requirement to 
register with the Central Contractor Registration (CCR), (2) the cross-
checking of applicant identification numbers between CCR and the 
Internal Revenue Service (IRS), (3) applicant registration with the 
Grants.gov Web site, and (4) the applicant's requirement to register 
the official who will be submitting the application. HUD's Early 
Registration Notice can be obtained through HUD's Web site at https://
www.hud.gov/grants/.
    2. Match. A Match of cash or in-kind services of 5 percent of the 
requested grant amount is required in order to be considered for grant 
award.
    3. Application materials. Application materials may be obtained 
from https://www.grants.gov/applicants/apply_for_grants.jsp. Any 
technical corrections will be published in the Federal Register and 
posted to Grants.gov. Frequently asked questions will be posted on 
HUD's Web site at https://www.hud.gov/offices/adm/grants/otherhud.cfm 
and https://www.hud.gov/offices/pih/programs/ph/hope6/grants/fy08/.
    4. 2008 General Section Reference. Section I, ``Funding Opportunity 
Description,'' of the 2008 General Section for HUD's Discretionary 
Programs (2008 General Section), published in the Federal Register on 
March 19, 2008, and subsequent Supplementary Information and Technical 
Corrections published in the Federal Register, are hereby incorporated 
by reference.
    5. Other 2008 General Section References. See ``Other Submission

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Requirements'' in section IV.F. of this NOFA and the 2008 General 
Section for detailed information about application submission.

Full Text of Announcement

I. Funding Opportunity Description

    A. Available Funds. This NOFA announces the availability of 
approximately $4 million in FY2008 funds.
    B. Purpose of the Program. The purpose of the HOPE VI Main Street 
program is to provide grants to small communities to assist in the 
rejuvenation of an historic or traditional central business district or 
``Main Street'' area by replacing unused commercial space in buildings 
with affordable housing units.
    1. The objectives of the program are to:
    a. Redevelop Main Street areas;
    b. Preserve historic or traditional architecture or design features 
in Main Street areas;
    c. Enhance economic development efforts in Main Street areas; and
    d. Provide affordable housing in Main Street areas.
    C. Statutory Authority.
    1. The program authority for the HOPE VI Main Street program is 
section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), 
as amended by section 535 of the Quality Housing and Work 
Responsibility Act of 1998 (Pub. L. 105-276, 112 Stat. 2461, approved 
October 21, 1998), the HOPE VI Program Reauthorization and Small 
Community Mainstreet Rejuvenation and Housing Act of 2003 (Pub. L. 108-
186, 117 Stat. 2685, approved December 16, 2003); and the Consolidated 
Appropriations Act, 2008 (Pub. L. 110-161, approved December 26, 2007).
    2. The funding authority for the HOPE VI Main Street program is 
provided by the Consolidated Appropriations Act, 2008 (Pub. L. 110-161, 
approved December 26, 2007) under the heading ``Revitalization of 
Severely Distressed Public Housing (HOPE VI).''
    3. ``The HOPE VI Program Reauthorization and Small Community 
Mainstreet Rejuvenation and Housing Act of 2003'' states that, of the 
amount appropriated for the overall HOPE VI program for any fiscal 
year, the Secretary of Housing and Urban Development (the Secretary) 
shall provide up to 5 percent for use only for the Main Street 
initiative. The statute amended section 24(n) of the Act, which now 
provides for grants to smaller communities, to provide assistance to 
carry out eligible affordable housing activities.
    D. Definition of Terms.
    1. Affordable housing for this NOFA means rental or homeownership 
dwelling units that, for INITIAL occupants:
    a. Are made available to low-income families, with a subset of 
units made available to very low-income families; and
    b. Provide the same rules regarding occupant contribution toward 
rent or purchase, and basic terms of rental or purchase, as are 
provided to occupants of public housing units in a HOPE VI development. 
Rights and responsibilities vary among HOPE VI developments. HOPE VI 
public housing units use various mechanisms to set the resident portion 
of rent, resident job training or employment requirements, resident 
rights of return, and other occupancy issues. The Grantee, with HUD's 
approval, determines how to implement these initial resident 
safeguards. Strict application of public housing rules and regulations 
is not required; e.g., the use of HUD forms and recordkeeping 
requirements for occupancy and income. Units developed, rehabilitated 
or reconfigured through this NOFA are NOT and statutorily MUST NOT BE 
public housing units.
    2. Applicant Team (``Team'') means the group of entities that will 
develop the Main Street affordable housing project (``project''). The 
Team includes the unit of local government that submits the application 
and, where applicable, the procured Developer, the procured property 
manager, architects (including architects who are knowledgeable about 
universal design and section 504 accessible design requirements), 
construction contractors, attorneys, investment partners that comprise 
an owner entity, and other parties that may be involved in the 
development and management of the project.
    3. Community and Supportive Services (``CSS'') means services 
provided to residents of the project that may include, but are not 
limited to:
    a. Homeownership counseling that is scheduled to begin promptly 
after grant award so that, to the maximum extent possible, qualified 
residents will be ready to purchase new homeownership units when they 
are completed;
    b. Educational life skills, job readiness and retention, employment 
training, and other activities as described on HUD's HOPE VI Web site 
at https://www.hud.gov/offices/pih/programs/ph/hope6/css/; and
    c. Coordination with fair housing groups to educate the Main Street 
affordable housing project's targeted population on its fair housing 
rights.
    4. Firmly committed means that the amount of match or of Leverage 
resources and their dedication to HOPE VI Main Street activities must 
be explicit, in writing, and signed by a person authorized to make the 
commitment.
    5. 2008 General Section means the ``Notice of HUD's Fiscal Year 
(FY) 2008 Notice of Funding Availability (NOFA); Policy Requirements 
and 2008 General Section to the FY 2008 SuperNOFA for HUD's 
Discretionary Programs,'' published in the Federal Register on March 
19, 2008. The 2008 General Section can be obtained through HUD's Web 
site at https://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    6. Homeownership unit means a housing unit that a local government 
makes available through a grant from this NOFA for purchase by a low-
income family for use as its principal residence.
    7. Initial occupancy period means the period of time that a rental 
unit is occupied by the initial low-income resident, or the period of 
time that a homeownership unit is owned by the initial third-party, 
low-income purchaser. There is no set requirement for the length of 
this occupancy period.
    8. Jurisdiction means the physical area under the supervision of a 
local government.
    9. Leverage means non-HOPE VI-funded donations of cash and in-kind 
services that are firmly committed to the rejuvenation of the Main 
Street Area and are from non-HOPE VI sources.
    a. Leverage may include funds/in-kind services that are already 
expended, received but not expended, and firmly committed but not yet 
received. See the definition of ``firmly committed'' in section 4., 
above.
    b. Types of resources that may be counted include:
    (1) Private mortgage-secured loans, insured loans, and other debt;
    (2) Housing trust funds;
    (3) Net sales proceeds from a homeownership project that exceed the 
amount of HOPE VI funds used to develop the homeownership unit;
    (4) Tax Increment Financing (TIF);
    (5) Proceeds from Low-Income Housing Tax Credits (LIHTC), Historic 
Preservation Tax Credits, and Tax Exempt Bonds;
    (6) Land Sale Proceeds. The value of land sale proceeds may be 
included as cash Leverage only if this value is a sales proceed. Absent 
a sales transaction, the value of land will be counted as an in-kind 
donation;

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    (7) Other Federal Funds. Other federal sources may include non-
public housing funds provided by HUD;
    (8) In-Kind Services, including donations of:
    (a) Staff time of either the local government applicant or the 
recognized Developer entity;
    (b) Property such as materials, supplies, a building, a long-term 
lease on a building, and other infrastructure;
    (c) Services such as Homeownership Counseling, other CSS and family 
self-sufficiency (FSS) resources, and time and services contributed by 
volunteers.
    (9) Leverage does NOT include, and HUD will not count:
    10. Local government means any city, county/parish, town, township, 
parish, village, or other general purpose political subdivision of a 
state; Guam, the Northern Mariana Islands, the Virgin Islands, American 
Samoa, the District of Columbia, and the Trust Territory of the Pacific 
Islands, or a general purpose political subdivision thereof; or a 
combination of such political subdivisions that is recognized by the 
Secretary.
    11. Low-income limits prescribed by HUD are stated on the internet 
at https://www.huduser.org/intercept.asp?loc=/datasets/il/il08/FY2008_
Section8_IncomeLimits.pdf. Low-Income family means a family (resident) 
with an income equal to or less than 80 percent of median income for 
the local area, adjusted for family size, in accordance with section 
3(b)(2) of the United States Housing Act of 1937, as amended. HUD may 
establish a level higher or lower than 80 percent because of prevailing 
construction costs or unusually high or low family incomes in the area. 
``Local area'' is defined as the non-metropolitan county/parish or 
primary metropolitan statistical area/metropolitan statistical area 
(PMSA/MSA) or county/parish, as prescribed by HUD, in which the low-
income family resides.
    12. Main Street Area means an area determined and designated by the 
applicant that fulfills the requirements stated in ``Program 
Requirements,'' Section III.C. of this NOFA, and:
    a. Is within the jurisdiction of the applicant;
    b. Has specific boundaries that are determined by the applicant;
    c. Is or was:
    (1) Traditionally the central business district and center for 
socio-economic interaction;
    (2) Characterized by a cohesive core of historic and/or older 
commercial and mixed-use buildings, often interspersed with civic, 
religious, and residential buildings, which represent the community's 
architectural heritage;
    d. Is the location of a downtown or ``Main Street'' rejuvenation 
effort that:
    (1) Has as its purpose the revitalization or redevelopment of the 
historic or traditional commercial area;
    (2) Involves investment, or other participation, by the applicant 
local government and private entities in the community in which the 
project is carried out; and
    (3) Involves the development of affordable housing that is located 
in the commercial area.
    13. Main Street affordable housing project (``project'') means the 
collection of affordable housing units that are developed in the Main 
Street Area using funds obtained through this NOFA, and meet the 
requirements as stated in ``Program Requirements,'' section III.C of 
this NOFA.
    14. Match is cash or in-kind donations that will be expended on 
allowable activities under the grant. The match must:
    a. Total at least 5 percent of the requested HOPE VI Main Street 
grant amount; and
    b. Be from private-sector sources or government sources other than 
HOPE VI funding, including Community Development Block Grant (CDBG) 
funds, which by statute are considered local money.
    15. Owner entity is the legal entity that holds title to the real 
property that contains any affordable housing units developed through 
this NOFA.
    16. Person with disabilities means a person who:
    a. Has a condition defined as a disability in section 223 of the 
Social Security Act;
    b. Has a developmental disability as defined in section 102 of the 
Developmental Disabilities Assistance Bill of Rights Act; or
    c. Is determined to have a physical, mental, or emotional 
impairment that:
    (1) Is expected to be of long-continued and indefinite duration;
    (2) Substantially impedes his or her ability to live independently; 
and
    (3) Is of such a nature that such ability could be improved by more 
suitable housing conditions.
    d. The term ``person with disabilities'' may include persons who 
have acquired immunodeficiency syndrome (AIDS) or any conditions 
arising from the etiologic agent for AIDS. In addition, no individual 
shall be considered a person with disabilities, for purposes of 
eligibility for low-income housing, based solely on any drug or alcohol 
dependence.
    e. The definition provided above for persons with disabilities is 
the proper definition for determining program qualifications. However, 
the definition of a person with disabilities contained in section 504 
of the Rehabilitation Act of 1973 and its implementing regulations must 
be used for purposes of reasonable accommodations.
    17. Program means the HOPE VI Main Street Program (Main Street).
    18. Recognized Developer (Developer) means a legal entity that has 
an agreement with the local government applicant, or the local 
government applicant itself, that is seeking financing for 
rehabilitation and/or construction of housing units, and the provision 
of Community and Supportive Services (if required), through this NOFA.
    a. For a non-complex development, the applicant may choose not to 
use a Developer and instead directly procure a design/build 
construction contractor and accountant.
    19. Site Control means the local government applicant, or its 
Developer, has the legal authority to commit the owner of the property 
to the rehabilitation to be performed with HOPE VI Main Street grant 
funds. Some examples of site control are:
    a. The local government owns the property outright;
    b. The private owner of the property and the applicant have signed 
a Developer agreement and the private owner is the Developer;
    c. The government- or private-owner has signed an agreement with a 
separate Developer and the agreement gives the Developer site control;
    d. The applicant or Developer has an option to purchase the 
property from the private owner that covers a time period sufficient to 
obtain grant funds for purchase and environmental review approval (at 
least 180 days after award), and is contingent only upon: (1) Receipt 
of a grant from this NOFA; and (2) satisfactory compliance with this 
NOFA's environmental review requirements;
    e. An owner-entity partnership was formed between the applicant, 
original owner, and, possibly, the Developer and other interested 
parties.
    20. Unit of General Local Government. See ``local government'' 
under this section.
    21. Very low-income family means a family (or resident) with an 
income equal to or less than 50 percent of median income for the local 
area, adjusted for family size, in accordance with section 3(b)(2) of 
the United States Housing Act of 1937, as amended. HUD may establish a 
level higher or lower than 50 percent because of prevailing 
construction costs or unusually high or low family incomes in the area. 
HUD-

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prescribed income limits are stated at https://www.huduser.org/
intercept.asp?loc=/datasets/il/il08/FY2008_Section8_IncomeLimits.pdf. 
Local area is defined as the PMSA/MSA or non-metropolitan county/
parish, as prescribed by HUD, in which the low-income family resides.
    22. 2008 General Section reference. The subsection entitled 
``Funding Opportunity Description'' in section I of the 2008 General 
Section is hereby incorporated by reference.

II. Award Information

    Available Funds. A total of approximately $4 million appropriated 
for FY 2008 is available for funding under this NOFA and must be 
obligated by September 30, 2008.
    A. Number of Awards. This NOFA will result in approximately 4 
awards.
    B. Range of Amounts of Each Award. Each applicant may request up to 
$1,000,000.
    C. Start Date, Period of Performance. The term of the grants that 
result from this NOFA will start on the date that the grant award 
document is signed by HUD and will continue for 30 months thereafter.
    D. Type of Instrument. Grant Agreement.
    E. Supplementation. Grants resulting from this NOFA do not 
supplement other HOPE VI grants.

III. Eligibility Information

    A. Eligible Applicants. Eligible applicants include, and are 
limited to, local governments, as defined in section I.D. of this NOFA 
and section 102 of the Housing and Community Development Act of 1974 
(42 U.S.C. 5302). The local government must:
    1. Have a population of 50,000 or less; and
    2. Not be served by a local government, county/parish, regional, or 
state public housing agency (PHA) that administers more than 100 public 
housing units within the local government's jurisdiction. Such units 
exclude section 8 Housing Voucher subsidized units and public housing 
units in Mixed-Finance developments where the PHA is not the General 
Partner in the for-profit ownership entity.
    B. Cost Sharing or Match.
    1. Match. HUD is required by the Quality Housing and Work 
Responsibility Act (42 U.S.C. 1437v(c)(1)(A)) to include the 
requirement for matching funds for all HOPE VI-related grants. 
Applicants must provide matching funds or in-kind services in the 
amount of 5 percent of the requested grant amount from sources other 
than HUD HOPE VI funds. Match sources may include other federal 
sources, CDBG funds (which are statutorily considered state funds), any 
state or local government sources, any private contributions, the value 
of any donated material or building, the value of any long-term lease 
on a building, the value of the time and services contributed by 
volunteers, and the value of any other in-kind services provided. MATCH 
FUNDS MUST BE USED ONLY FOR CARRYING OUT ELIGIBLE AFFORDABLE HOUSING 
ACTIVITIES THAT RELATE TO THE MAIN STREET AFFORDABLE HOUSING PROJECT 
PRESENTED IN THIS APPLICATION. The match may include funds that have 
already been spent or funds that are for future use.
    a. Match donations must be firmly committed to the Main Street 
affordable housing project presented in the application. See the 
definition of ``firmly committed'' in ``Definitions,'' Section I.D. of 
this NOFA.
    b. The applicant may propose to use the applicant's own funds to 
meet the match requirement, provided that the match funds do not 
originate from HOPE VI funds.
    c. See section IV.B. of this NOFA for the requirements for 
documentation of match resources.
    C. Other.
    1. Eligible Uses of Grant Funds. Main Street grant funds may be 
expended on the following activities (Note that non-eligible activities 
and restrictions are located in section IV.E.):
    a. New construction, reconfiguration, or rehabilitation of 
affordable rental and homeownership housing units located within the 
Main Street Area. New construction and rehabilitation activities that 
are intrinsic to the development of the affordable housing units may 
extend to other portions of the Main Street affordable housing project; 
e.g., to the building envelope, to interior bearing walls of commercial 
space located below the affordable housing units, and to systems 
installation through commercial space located below or adjacent to the 
affordable housing units.
    b. Architectural and Engineering activities, surveys, permits, and 
other planning and implementation costs related to the construction and 
rehabilitation of the Main Street affordable housing project presented 
in the application.
    c. Tax credit syndication costs.
    d. Funding of moving expenses for any persons displaced as a result 
of construction or rehabilitation of the project, in accordance with 
the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (URA) and, as guidance only, Handbook CPD 02-08, 
``Guidance on the Application of the Uniform Relocation Assurance and 
Real Property Acquisition Policies Act of 1970 (URA), as amended in 
HOPE VI Projects.''
    e. Management improvements necessary for the proper development and 
management of the Main Street affordable housing project presented in 
the application, similar to and including, but not limited to:
    (1) Staff training (including travel) related to affordable housing 
development and management.
    (2) Staff time and materials or contractor services to revise or 
develop:
    (a) Procedure manuals;
    (b) Accounting systems, excluding accounting services or 
bookkeeping;
    (c) Lease documents;
    (d) Resident screening procedures; and
    (e) Data processing systems.
    f. Leveraging non-HOPE VI funds and in-kind services. See the 
definition of ``Leverage'' in section I.D. of this NOFA.
    g. Community and Supportive Services. See Funding Restrictions in 
section IV.E. of this NOFA.
    (1) Only 15 percent of the grant amount may be used for Community 
and Supportive Services. See ``Funding Restrictions,'' section IV.E. of 
this NOFA, for non-allowable costs and activities.
    2. Thresholds.
    a. Match (Sections G and I). Applicants must provide matching funds 
in the amount of 5 percent of the requested grant amount from sources 
other than HUD HOPE VI funds. See ``Cost Sharing or Match,'' section 
III.B. of this NOFA.
    (1) In order to demonstrate that the applicant meets this 
threshold, for each match resource, the application must include a 
letter stating a specific match amount and stating that the match is 
firmly committed to be used for activities related to the particular 
project presented in the application. Each match resource must also be 
listed on page 12 of the ``HOPE VI Main Street Application Data 
Sheet,'' form HUD-52861 (under the Excel Worksheet Tab, ``Matching and 
Housing Resources'') which will be a part of the application. Columns 
on that page provide space to include the following required 
information for each source: Resource organization name, name and 
telephone number of a contact at the resource organization, the amount 
of the resource organization's contribution, and whether the 
contribution is in cash or in-kind services. All columns, except

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the last, ``Leverage Period More Than 2 Years,'' must be filled in.
    (2) If the applicant does not demonstrate that there will be 
matching funds of at least 5 percent of the requested grant amount, the 
application will not be eligible for funding through this NOFA.
    b. Leverage (Sections G and I). The applicant must furnish enough 
Leverage resources (other than the match) to show that there is both 
public and private support for the Main Street rejuvenation effort. If 
the application does not include any Leverage cash or in-kind services 
(other than the match), the application will not be eligible for 
funding through this NOFA.
    c. Past Performance on Main Street Grants. All prior Main Street 
grants require that construction start within 15 months of the grant 
award date. If a current Main Street grantee is more than one year late 
in starting construction, i.e., construction has not started within 27 
months after the grant award date, that grantee will not be eligible 
for funding through this NOFA. HUD will determine whether construction 
has not started within 27 months of a previous award. If the applicant 
has an existing Main Street grant that is less than 27 months old, this 
threshold does not apply.
    d. Main Street Area (Section L). The applicant must have within its 
jurisdiction a Main Street Area. See section I.D. of this NOFA for the 
definition of a Main Street Area.
    (1) In order to demonstrate that the applicant meets this 
threshold, the application must contain the attachment ``Map of the 
Main Street Area.'' The attached map must clearly show the applicant-
determined Main Street Area boundaries. Boundaries may be streets, rail 
lines, rivers, or other man-made or natural bounds. No other 
documentation is necessary.
    (2) If the applicant's jurisdiction does not have a Main Street 
Area, the application will not be eligible for funding through this 
NOFA.
    e. Main Street Affordable Housing Project (Section M). The targeted 
affordable housing project must conform to this NOFA's requirements for 
a Main Street affordable housing project, as defined in ``Program 
Requirements,'' section III.C. of this NOFA.
    (1) By applying for a grant through this NOFA, the applicant 
certifies that the Main Street affordable housing project meets the 
Program Requirements. No other documentation is necessary to meet this 
threshold.
    (2) If the targeted affordable housing project does not conform to 
this NOFA's requirements, the application will not be eligible for 
funding through this NOFA.
    (3) Other projects in the same Main Street Area are eligible for 
funding through this NOFA. If the project in the application for this 
NOFA has already received funding through a prior Main Street NOFA, the 
application will not be eligible for funding through this NOFA.
    f. One Main Street Area. Under this NOFA, the applicant must apply 
for assistance only in support of one Main Street Area. That is, if the 
local government's jurisdiction includes two neighborhoods, each with a 
traditional commercial/social center, the application must contain only 
one of those traditional commercial/social centers. However, the 
applicant's Main Street affordable housing project may consist of 
several scattered sites within that one Main Street Area. If the 
applicant applies for assistance for more than one Main Street Area 
through this NOFA, the application will not be eligible for funding 
through this NOFA. g. Code of Conduct (Section E for Narrative and 
Section Q for Code).
    (1) The applicant must have developed and must maintain a written 
code of conduct (see 24 CFR 84.42 and 85.36(b)(3)). The applicant must 
provide, or have provided, documentation that demonstrates that it has 
a written code of conduct.
    (2) The applicant must submit a copy of its code of conduct as part 
of the application if its code of conduct is not already on file with 
HUD. See 24 CFR 84.42 and 85.36(b)(3).
    (3) Unless the applicant is listed on HUD's Web site at https://
www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm and the 
information has not been revised, the applicant is required to submit:
    (a) A copy of its code of conduct;
    (b) A description of the methods it will use to ensure that all 
officers, employees, and agents of its organization are aware of its 
code of conduct; and
    (c) The following information, as it is stated on the SF-424:
    (i) Dun and Bradstreet Data Universal Numbering System (DUNS) 
number;
    (ii) Employer Identification Number (EIN);
    (iii) Applicant's Legal Name (Note: Applicants must enter their 
legal name in box 8.a. of the SF-424 as it appears in the Central 
Contractor Register (CCR). See the 2008 General Section regarding CCR 
registration);
    (iv) Address (Street, PO Box, City, State, and ZIP Code); and
    (d) Authorized Official's information (Name, Title, Telephone 
Number, and E-mail Address).
    (4) The code of conduct must prohibit real and apparent conflicts 
of interest that may arise among officers, employees, or agents; 
prohibit the solicitation and acceptance of gifts or gratuities by the 
organization's officers, employees, or agents for their personal 
benefit in excess of minimal value; and outline administrative and 
disciplinary actions available to remedy violations of such standards.
    (5) See section III.C. of the 2008 General Section for more 
detailed information and instructions if the applicant needs to submit 
its code of conduct to HUD via facsimile.
    (6) If the applicant does not provide a copy of the code of conduct 
and its implementation methodology in its application, or is not listed 
by HUD as having already submitted such documentation, the application 
will not be eligible for funding through this NOFA.
    h. The following sub-sections of section III of the 2008 General 
Section are hereby incorporated by reference. The applicant must comply 
with each of the incorporated threshold requirements in order to be 
eligible for funding, including:
    (1) Ineligible Applicants;
    (2) DUNS Number Requirement;
    (3) Compliance With Fair Housing and Civil Rights Laws;
    (4) Conducting Business in Accordance With Core Values and Ethical 
Standards;
    (5) Delinquent Federal Debts;
    (6) Pre-Award Accounting System Surveys;
    (7) Name Check Review;
    (8) False Statements;
    (9) Prohibition Against Lobbying Activities; and
    (10) Debarment and Suspension.
    i. Affirmatively Furthering Fair Housing (Section T). Successful 
applicants engaged in housing or housing related activities are obliged 
to take reasonable steps in affirmatively furthering fair housing 
(AFFH). Consistent with the 2008 General Section, applicants must 
provide a statement on AFFH in accordance with the 2008 General 
Section's instructions. Failure to include this statement will render 
the application ineligible for funding through this NOFA.
    3. Certification of Certain Thresholds.
    a. Certification by Application. The SF-424, ``Application for 
Federal Assistance,'' is the cover sheet to the application. By 
manually or electronically signing the SF-424, the applicant certifies 
that the following thresholds have been met:
    (1) The Main Street Area rejuvenation effort:

[[Page 36385]]

    (a) Is carried out within the jurisdiction of the applicant;
    (b) Involves the development of affordable housing that is located 
in the commercial area that is the subject of the rejuvenation effort; 
and
    (c) Has as its purpose the revitalization or redevelopment of a 
historic or traditional commercial area.
    (2) A portion of the Main Street affordable housing project units 
will be reserved for very low-income initial occupants.
    (3) Historic preservation requirements in section 106 of the 
National Historic Preservation Act of 1966 (NHPA) will be fulfilled, 
where applicable.
    (4) Environmental requirements stated in the NOFA will be 
fulfilled.
    (5) Building standards stated in the NOFA will be fulfilled.
    (6) Relocation requirements under the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970 (URA) will be 
fulfilled.
    (7) Fair Housing, Civil Rights, and Section 3 requirements will be 
followed and fulfilled.
    4. Program Requirements.
    a. Main Street Area Recognition by HUD. The applicant must have, 
within the applicant's jurisdiction, an existing HUD-recognized Main 
Street Area rejuvenation effort that involves affordable housing. In 
order to be recognized by HUD, a Main Street Area rejuvenation effort 
must:
    (1) Be located within a definable Main Street Area (See Section 
I.D. of this NOFA);
    (2) Have as its purpose the rejuvenation or redevelopment of a 
historic or traditional commercial area;
    (3) Involve investment or other participation by BOTH the local 
government and locally located private entities;
    (4) Comply with historic preservation requirements as directed by 
the cognizant State Historic Preservation Officer (SHPO) or, if such 
historic preservation requirements are not applicable, to preserve 
significant traditional, architectural, and design features in the 
project structures or Main Street Area; and
    (5) Include the development of the project that is proposed and 
described in the application for a grant through this NOFA.
    b. Main Street Affordable Housing Project (Project). The ``Main 
Street affordable housing project'' is the collection of affordable 
housing units that are rejuvenated or developed in the Main Street Area 
using match funds related to this NOFA, funds obtained through this 
NOFA, and, optionally, other Leverage funds or in-kind services. The 
project must:
    (1) Involve the construction or rehabilitation of affordable 
housing units. The number of units that will be developed through this 
NOFA must have a value that exceeds the Total Development Cost 
calculated in the form HUD-52861, ``HOPE VI Main Street Application 
Data Sheet'';
    (2) Be located within the boundaries of the applicant's Main Street 
Area; and
    (3) NOT replace demolished or otherwise disposed of public housing 
units.
    c. Program Schedule. The application requires a Program Schedule 
for the applicant's Project. The Program Schedule must reflect the 
Reasonable Time-Frame and Development Proposal time requirements stated 
in section VI.B. of this NOFA.
    d. Requirements During the Initial Occupancy Period.
    (1) Initial residents of affordable rental units and initial 
resident purchasers of affordable homeownership units must be subject 
to the same rules regarding occupant contribution toward rental or 
purchase, and basic terms of rental or purchase, as residents of HOPE 
VI development public housing units. Site-based waiting lists, resident 
job or training requirements, and other occupancy requirements that are 
allowed under section 24 of the U.S. Housing Act of 1937 (1937 Act) may 
be applied to the units. As with public housing, initial residents 
cannot be evicted without cause.
    (2) The project owner entity is not required to develop and 
maintain mandatory PHA documentation; e.g., the PHA Plans as described 
in 24 CFR part 903, etc. However, before the project is initially 
rented, the ownership entity must determine and develop a written 
statement of its rent determination and occupancy policies, and obtain 
HUD approval of the policies.
    (3) Public housing, HUD HOME, or Low-Income Housing Tax Credit 
rental requirements are not mandatory under the Main Street program, 
but may be used as examples for such policies. Such examples are 
located at 24 CFR 903.7(d) and 24 CFR 903.7(f). If other government 
programs are used in connection with the applicant's Main Street grant 
activities, such requirements apply to the extent required by the other 
programs.
    e. Main Street Homeownership. The initial sale of an affordable 
homeownership unit to a third-party, low-income purchaser must take 
place in accordance with Section 24 of the 1937 Act. Providing 
homeownership counseling to residents is mandatory if the application 
includes development of homeownership units.
    f. Use Restrictions. PROJECT UNITS MUST BE MAINTAINED AS AFFORDABLE 
HOUSING ONLY FOR THE PERIOD OF INITIAL RENTAL OCCUPANCY OR THE INITIAL 
RESIDENT'S OWNERSHIP. The applicant may elect to apply use restrictions 
for a longer period, or in excess, of this requirement.
    g. Leveraging Other Resources.
    (1) Leverage is the contribution of funds or in-kind services from 
sources other than a grant that results from this NOFA. The Main Street 
Area rejuvenation effort must have community support from government 
and the private sector. Leverage demonstrates this support. See 
``Leverage'' in ``Definitions,'' section I.D of this NOFA. To measure 
the amount of support that the Main Street Area rejuvenation effort 
has, this NOFA includes a Leverage rating factor. See Rating Factor 
3(c) in section V.A.3 of this NOFA.
    (2) Unlike grant and match funds from this NOFA, Leverage is not 
limited to the funding of affordable housing development. Leverage can 
include contributions that have been made to, or are firmly committed 
to, the Main Street Area rejuvenation effort as a whole. It can include 
past or future funding for other affordable housing, retail supportive 
services, jobs, and other economic development that is part of the Main 
Street Area rejuvenation effort. Other examples of uses for Leverage 
funds include, but are not limited to:
    (a) The acquisition of existing housing units that will become 
affordable housing, but do not require rehabilitation, including 
associated costs, such as appraisals, surveys, tax settlements, broker 
fees, and other closing costs;
    (b) Off-site site improvements that are contiguous to the site;
    (c) Demolition;
    (d) Restoration of the Main Street affordable housing project 
fa[ccedil]ade when fa[ccedil]ade rehabilitation is not an integral part 
of the project's rehabilitation;
    (e) Rehabilitation of retail space in the Main Street affordable 
housing project, even if this rehabilitation is not an integral part of 
the rehabilitation of the rental areas of the project;
    (f) Rehabilitation of retail space elsewhere in the Main Street 
Area;
    (g) Funding of Reserves; e.g., the Initial Operating Reserve 
necessary for financial viability during the initial affordable housing 
occupancy period, Replacement Reserves, etc.;
    (h) Homeownership financial assistance, e.g., write-down of

[[Page 36386]]

homeownership unit development costs and downpayment assistance;
    (i) Other uses that relate directly to the project;
    (j) Site improvements, e.g., repaving streets or upgrading streets 
or sidewalks with brick or cobblestone, adding ``boulevard'' islands, 
etc.;
    (k) Legal and administrative fees and costs; and
    (l) Other uses that do not relate directly to the project, but do 
relate to the Main Street Area rejuvenation effort.
    h. Transfer of Title for Tax Credits. The original owner entity of 
project properties may transfer title to, or commit to a long-term 
lease with, an owner entity partnership that includes the original 
owner, the applicant, an equity partner and, when appropriate, other 
partners, for the purpose of obtaining Low-Income or Historic Tax 
Credit equity as a Leverage resource. Such a transfer, excluding legal 
fees, is an allowable grant activity. See section IV.E. of this NOFA 
for limits on the sale of real property.
    i. Section 106 Historic Preservation Requirements. Grantees may not 
commit HUD funds until HUD has completed the historic preservation 
review and consultation process under Section 106 of the National 
Historic Preservation Act of 1966 (16 U.S.C. 470f) and its implementing 
regulation, 36 CFR part 800, as applicable, in accordance with 
environmental review requirements under 24 CFR part 50. See https://
www.achp.gov/ for details on the section 106 review process.
    j. Environmental Requirements.
    (1) HUD's notification of award to a selected applicant constitutes 
a preliminary approval by HUD, subject to HUD's completion of an 
environmental review of proposed sites in accordance with 24 CFR part 
50. Selection for participation (preliminary approval) does not 
constitute approval of the proposed site(s).
    (2) The application constitutes a certification that the applicant 
will supply HUD with all available, relevant information necessary for 
HUD to perform any environmental review required by 24 CFR part 50 for 
each property; will carry out mitigating measures required by HUD or, 
if mitigation is not feasible, select alternate eligible property; and 
will not acquire, rehabilitate, convert, demolish, lease, repair, or 
construct property, nor commit or expend HOPE VI, other HUD or other 
non-HUD funds, for these program activities with respect to any 
eligible property, until the applicant receives written HUD approval of 
the property.
    (3) Each proposal will be subject to a HUD environmental review, in 
accordance with 24 CFR part 50, and the proposal may be modified or the 
proposed sites rejected as a result of that review.
    (4) Phase I and Phase II Environmental Site Assessments. If the 
applicant is selected for funding, the applicant must have a Phase I 
environmental site assessment completed in accordance with the ASTM 
Standards E 1527-05, as amended (see https://www.astm.org/). The results 
of the Phase I assessment must be included in the documents that must 
be provided to HUD for the environmental review. If the Phase I 
assessment recognizes environmental concerns or if the results are 
inconclusive, a Phase II environmental site assessment will be 
required.
    (5) Mitigating and remedial measures. You must carry out any 
mitigating/remedial measures required by HUD. If a remediation plan, 
where required, is not approved by HUD and a fully funded contract with 
a qualified contractor licensed to perform the required type of 
remediation is not executed, HUD reserves the right to determine that 
the grant is in default.
    (6) The application constitutes a certification that there are not 
any environmental or public policy factors, such as sewer moratoriums, 
that would preclude development in the requested Main Street Area.
    (7) Note that environmental requirements for this NOFA are found in 
24 CFR part 50, which requires HUD environmental approval. Please note 
that 24 CFR part 58, which allows state and local governments to assume 
federal environmental responsibilities, is not applicable. It only 
applies to PHAs.
    (8) HUD's environmental Web site is located at https://www.hud.gov/
offices/cpd/environment/index.cfm.
    k. Building Standards.
    (1) Building Codes. All activities that include construction, 
rehabilitation, lead-based paint removal, and related activities must 
meet or exceed local building codes. The applicant is encouraged to 
read the policy statement and Final Report of the HUD Review of Model 
Building Codes that identify the variances between the design and 
construction requirements of the Fair Housing Act and several model 
building codes. That report can be found on the HUD Web site at https://
www.hud.gov/offices/fheo/disabilities/modelcodes/.
    (2) Deconstruction. HUD encourages the applicant to design programs 
that incorporate sustainable construction and demolition practices, 
such as the dismantling or ``deconstruction'' of housing units, 
recycling of demolition debris, and reusing of salvage materials in new 
construction. ``A Guide to Deconstruction'' can be found at https://
www.huduser.org/publications/destech/decon.html.
    (3) Partnership for Advancing Technology in Housing (PATH). HUD 
encourages the applicant to use PATH technologies in the construction 
and delivery of affordable housing. PATH is a voluntary initiative that 
seeks to accelerate the creation and widespread use of advanced 
technologies to improve the quality, durability, environmental 
performance, energy efficiency, and affordability of our nation's 
housing radically.
    (a) The goal of PATH is to achieve dramatic improvement in the 
quality of U.S. housing by the year 2010. PATH encourages leaders from 
the home building, product manufacturing, insurance, and financial 
industries and representatives from federal agencies dealing with 
housing issues to work together to spur housing design and construction 
innovations. PATH will provide technical support in design and cost 
analysis of advanced technologies to be incorporated in project 
construction.
    (b) Applicants are encouraged to employ PATH technologies to exceed 
prevailing national building practices by:
    (i) Reducing costs;
    (ii) Improving durability;
    (iii) Increasing energy efficiency;
    (iv) Improving disaster resistance; and
    (v) Reducing environmental impact.
    (c) More information, including a list of technologies, the latest 
PATH Newsletter, results from field demonstrations, and descriptions of 
PATH projects can be found at https://www.pathnet.org.
    (4) Energy Efficiency.
    (a) New construction and rehabilitation must comply with the 2003 
International Energy Conservation Code (IECC 2003), which incorporates 
American Society of Heating, Refrigeration and Air Conditioning 
Engineers (ASHRAE) 90.1 2001 by reference for high-rise multifamily 
housing.
    (i) IECC 2003 Administrative Guidance. IECC 2003 applies to all 
construction and rehabilitation of residential and commercial property. 
The standard contains exceptions that allow for its reasonable 
application to Main Street NOFA activities.
    (A) IECC 2003 section ``101.2.2.3 Historic buildings. The 
provisions of this code * * * shall not be mandatory for existing 
buildings or structures specifically identified and classified as

[[Page 36387]]

historically significant by the state or local jurisdiction, listed in 
The National Register of Historic Places, or which have been determined 
to be eligible for such listing.''
    (B) IECC 2003 section ``101.2.3 Mixed occupancy. [For mixed-use 
buildings,] * * * each portion of the building shall conform to the 
requirements for the occupancy housed therein. Buildings [with more 
than two housing units] with a height of four or more stories above 
grade shall be considered commercial buildings * * * regardless of the 
number of floors that are classified as residential.'' That is, if 
there is a store in the building, that part of the building is 
considered commercial. The rest of the building would incorporate low-
rise residential requirements.
    (C) IECC 2003 section ``101.2.2.2 Additions, alterations or 
repairs. Additions [and rehabilitation of a building or portion of a 
building] * * * shall conform to the provisions of this code * * * , 
without requiring the unaltered portions(s) of the existing system to 
comply with all of the requirements of this code. Additions [or 
rehabilitation] shall not cause any one of the aforementioned and 
existing systems to become unsafe, hazardous or overloaded.''
    (b) Where local or state energy-related building codes exceed the 
above standards, new construction and rehabilitation must comply with 
those local or state standards.
    (c) The applicant must use new technologies that will conserve 
energy and decrease operating costs, where cost effective. Examples of 
such technologies include:
    (i) Geothermal heating and cooling;
    (ii) Placement of buildings and size of eaves that take advantage 
of the directions of the sun throughout the year;
    (iii) Photovoltaics (technologies that convert light into 
electrical power);
    (iv) Extra insulation;
    (v) Smart windows;
    (vi) Energy Star appliances; and
    (vii) Combined heat and power (cogeneration).
    (5) Universal Design. HUD encourages the applicant to incorporate 
the principles of universal design in the construction or 
rehabilitation of housing, retail establishments, and community 
facilities, and when communicating with community residents at public 
meetings or events. Universal Design is the design of products and 
environments to be usable by all people, to the greatest extent 
possible, without the need for adaptation or specialized design. The 
intent of Universal Design is to simplify life for everyone by making 
products, communications, and the built environment more usable by as 
many people as possible at little or no extra cost. Universal Design 
benefits people of all ages and abilities. Examples include designing 
wider doorways, installing levers instead of doorknobs, and putting 
bathtub/shower grab bars in all units. Computers and telephones can 
also be set up in ways that enable as many residents as possible to use 
them. The Department has a publication that contains a number of ideas 
about how the principles of Universal Design can benefit persons with 
disabilities. To order a copy of ``Strategies for Providing 
Accessibility and Visitability for HOPE VI and Mixed Finance 
Homeownership,'' go to the publications and resource page of the HOPE 
VI Web site at https://www.huduser.org/publications/pubasst/
strategies.html.
    (6) Energy Star. HUD has adopted a wide-ranging energy action plan 
for improving energy efficiency in all program areas. As a first step 
in implementing the energy plan, HUD, the Environmental Protection 
Agency (EPA), and the Department of Energy have signed a partnership to 
promote energy efficiency in HUD's affordable housing efforts and 
programs. The purpose of the Energy Star partnership is to promote 
energy efficiency of the affordable housing stock, but also to help 
protect the environment. Applicants constructing, rehabilitating, or 
maintaining housing or community facilities are encouraged to promote 
energy efficiency in design and operations. They are urged especially 
to build to Energy Star qualifications and to purchase and use Energy 
Star-labeled products. Applicants providing housing assistance or 
counseling services are encouraged to promote Energy Star building to 
homebuyers and renters. Program activities can include developing 
Energy Star promotional and informational materials, outreach to low- 
and moderate-income renters and buyers on the benefits and savings when 
using Energy Star products and appliances, and promoting the 
designation of community buildings and homes as Energy Star compliant. 
For further information about Energy Star, see https://
www.energystar.gov or call (888) STAR-YES ((888) 782-7937) or, for the 
hearing-impaired, (888) 588-9920 (TTY). See the 2008 General Section, 
section VI.B.2.h on page 14901, as published in Volume 73 of the 
Federal Register.
    l. Lead-Based Paint. The applicant must comply with lead-based 
paint evaluation and reduction requirements as provided for under the 
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.), 
the EPA's Pre-Renovation Education Rule (40 CFR 745, subpart E), HUD's 
Lead Safe Housing Rule (24 CFR 35, subparts B-R), and the Lead 
Disclosure Rule (24 CFR 35, subpart A), which addresses documents 
provided to pre-1978 housing owners regarding lead paint or hazard 
testing or lead hazard reduction activities, as they may be amended or 
revised from time to time. The applicant will be responsible for lead-
based paint evaluation and reduction activities for housing constructed 
prior to 1978. The National Lead Information Hotline is (800) 424-5323.
    m. Labor Standards. Davis-Bacon wage rates do NOT apply to grants 
from this NOFA, with the following exceptions:
    (1) If other federal programs are used in connection with the 
applicant's HOPE VI Main Street activities, Davis-Bacon requirements 
apply to the extent required by the other federal programs.
    (2) If any grant funds from an award through this NOFA are expended 
by a PHA, acting as a Developer, partnering with a Developer, or as a 
partner in an ownership entity partnership, Davis-Bacon wage rates will 
apply to laborers and mechanics (other than volunteers under 24 CFR 
part 70) employed in development of all housing units, and HUD-
determined wage rates will apply to laborers and mechanics (other than 
volunteers) employed in the operation of all housing units, regardless 
of whether such units are public housing or non-public housing.
    n. Relocation Requirements. The Uniform Relocation Assistance and 
Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601-4655), 
implementing regulations at 49 CFR part 24, and, as advice only, 
``Handbook CPD 02-08, Guidance on the Application of the Uniform 
Relocation Assurance and Real Property Acquisition Policies Act of 1970 
(URA), as amended in HOPE VI Projects'' apply to anyone who is 
displaced as a result of acquisition, rehabilitation, or demolition due 
to a HUD-assisted activity.
    o. Fair Housing and Equal Opportunity Requirements.
    Fair Housing and Equal Opportunity requirements stated in section 
III.C. of the 2008 General Section are hereby incorporated by reference 
and apply to this NOFA. In addition, the following requirement applies:
    (1) Accessibility Requirements.
    (a) All ``multifamily'' HOPE VI developments, defined as projects 
with more than five units, are subject to the accessibility 
requirements contained in several federal laws, as implemented in

[[Page 36388]]

24 CFR part 8. PIH Notice 2003-31, as advice only, available at https://
www.hud.gov/offices/pih/publications/notices/, and subsequent updates, 
provide an overview of all pertinent laws and implementing regulations 
pertaining to HOPE VI.
    (b) Generally, for substantial rehabilitation of projects with more 
than 15 housing units, or new construction of a multifamily project, at 
least 5 percent of the units, or one unit, whichever is greater, must 
be accessible to persons with mobility impairments. An additional 2 
percent, but not less than one unit, must be made accessible for 
persons with hearing or vision impairment. See, in particular, 24 CFR 
parts 8.20 through 8.32.
    (c) In addition, under the Fair Housing Act, all new construction 
of covered multifamily buildings must contain certain features of 
accessible and adaptable design. The relevant accessibility 
requirements are provided on HUD's FHEO Web site at https://www.hud.gov/
groups/fairhousing.cfm. Units covered are all those in elevator 
buildings with four or more units and all ground floor units in 
buildings without elevators. See also ``program accessibility'' at 
https://www.hud.gov/offices/fheo/disabilities/
sect504faq.cfm#anchor263905. This section is in addition to, and does 
not replace, other non-HUD accessibility requirements to which the 
applicant local government may be subject.
    p. Procurement. City governments are required to follow the 
procurement regulations at 24 CFR 85.36 at a minimum. State and local 
procurement requirements apply to the extent required by those 
governments.
    5. 2008 General Section References. The following subsections of 
section III of the 2008 General Section are hereby incorporated by 
reference:
    a. Additional Nondiscrimination and Other Requirements;
    (1) Civil Rights Laws, including the Americans with Disabilities 
Act of 1990 (42 U.S.C. 1201 et seq.);
    (2) The Age Discrimination Act of 1974 (42 U.S.C. 6101 et seq.); 
and
    (3) Title IX of the Education Amendments Act of 1972 (20 U.S.C. 
1681 et seq.)
    b. Affirmatively Furthering Fair Housing;
    c. Economic Opportunities for Low- and Very Low-Income Persons 
(Section 3);
    d. Ensuring the Participation of Small Businesses, Small 
Disadvantaged Businesses, and Women-Owned Businesses;
    e. Relocation;
    f. Executive Order 13166, Improving Access to Services for Persons 
With Limited English Proficiency (LEP);
    g. Executive Order 13279, Equal Protection of the Laws for Faith-
Based and Community Organizations;
    h. Accessible Technology;
    i. Procurement of Recovered Materials;
    j. Participation in HUD-Sponsored Program Evaluation;
    k. Executive Order 13202, Preservation of Open Competition and 
Government Neutrality Towards Government Contractors' Labor Relations 
on Federal and Federally Funded Construction Projects;
    l. Salary Limitation for Consultants;
    m. OMB Circulars and Government-wide Regulations Applicable to 
Financial Assistance Programs;
    n. Environmental Requirements;
    o. Conflict of Interest;
    p. Drug-Free Workplace; and
    q. Safeguarding Resident/Client Files.

IV. Application and Submission Information

    A. Addresses to Request Application Package. This section describes 
how the applicant may obtain application forms, additional information 
about the 2008 General Section of this NOFA, and technical assistance.
    1. Copies of this published NOFA and related application forms may 
be downloaded from the Grants.gov Web site at https://www.grants.gov/
applicants/apply_for_grants.jsp. If the applicant has difficulty 
accessing the information, it may receive customer support from 
Grants.gov by calling the help line at (800) 518-GRANTS ((800) 518-
4726) or by sending an e-mail to support@grants.gov. The operators will 
assist the applicant in accessing the information. If the applicant 
does not have Internet access and needs to obtain a copy of this NOFA, 
it can contact HUD's NOFA Information Center toll-free at (800) HUD-
8929. Persons with hearing or speech impairments may call the Federal 
Information Relay Service at (800) 877-8339.
    2. The published Federal Register document is the official document 
that HUD uses to evaluate applications. Therefore, if there is a 
discrepancy between any materials published by HUD in its Federal 
Register publications and other information provided in paper copy, 
electronic copy, or at https://www.grants.gov, the Federal Register 
publication prevails. Please be sure to review the application 
submission against the requirements in this NOFA.
    3. An unofficial MS Word 2003 version of this NOFA (which contains 
active links to Internet addresses stated in this NOFA), and related 
materials, can also be found at https://www.hud.gov/offices/pih/
programs/ph/hope6/grants/fy08/index.cfm.
    B. Content and Form of Application Submission.
    1. Number of Applications Permitted. Each applicant may submit only 
one application.
    2. Joint Applications. Joint applications ar