Notice of Funding Availability for Fiscal Year (FY) 2008 Family Unification Program (FUP), 71030-71037 [E8-27873]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Notices]
[Pages 71030-71037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27873]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5233-N-01]


Notice of Funding Availability for Fiscal Year (FY) 2008 Family 
Unification Program (FUP)

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

ACTION: Notice of Funding Availability (NOFA).

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SUMMARY: This Notice of Funding Availability (NOFA) announces the 
availability of approximately $20 million for incremental voucher 
assistance to provide adequate housing as a means to promote family 
unification through the FUP. This NOFA is governed by the information 
and instructions found in the Notice of HUD's FY2008 Notice of Funding 
Availability; Policy Requirements and General Section (General Section) 
to HUD's FY2008 NOFAS for Discretionary Programs that HUD published in 
the Federal Register on March 19, 2008 (73 FR 14882), the SuperNOFA 
Introduction published on May 12, 2008 (73 FR 27032), and the 
correction published on June 12, 2008 (73 FR 33446).

FOR FURTHER INFORMATION CONTACT: Questions regarding specific program 
requirements should be directed to the agency contact identified in 
this program NOFA. Questions regarding the March 10, 2008 (73 FR 
12751), Notice of FY2008 Opportunity to Register Early and Other 
Important Information for Electronic Application Submission Via 
Grants.gov, the General Section of March 19, 2008, the SuperNOFA 
Introduction of May 12, 2008, or the correction of June 12, 2008, 
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 10:00 a.m. and 
6:30 p.m. eastern time, Monday through Friday, except federal holidays.

Overview Information

    A. Federal Agency Name: Office of Public and Indian Housing, Office 
of Public Housing and Voucher Programs, HUD.
    B. Funding Opportunity Title: Family Unification Program (FUP).
    C. Announcement Type: Initial Announcement.
    D. Funding Opportunity Number: The Federal Register number for this 
NOFA is FR-5233-N-01. The Office of Management and Budget (OMB) 
paperwork approval number is pending.
    E. Catalog of Federal Domestic Assistance (CFDA) Number: 14.880, 
Family Unification Program.
    F. Application Deadline: The application deadline date is January 
28, 2009. Applications must be received and validated by Grants.gov by 
the deadline date. Validation may take up to 72 hours. Please see 
section I.V.C of the FY 2008 General Section published March 19, 2008 
(73 FR 14882), for electronic submission and receipt requirements.
    G. Additional Information: The purpose of the FUP is to promote 
family unification by providing Housing Choice Vouchers (HCVs) to 
families for whom the lack of adequate housing is a primary factor in 
the separation, or the threat of imminent separation, of children from 
their families and to youths 18 to 21 years old who left foster care at 
age 16 or older and lack adequate housing.
    Public Housing Agencies (PHAs) interested in applying for funding 
under this announcement should carefully review the FY 2008 General 
Section published March 19, 2008 (73 FR 14882): The URL for the HUD FY 
2008 General Section is https://www.hud.gov/utilities/intercept.cfm?/offices/adm/grants/nofa08/gensec.pdf.

Full Text of Announcement

I. Funding Opportunity Description

    A. Authority and Program Description: FUP is authorized by section 
8(x) of the United States Housing Act of 1937 {42 U.S.C. 
1437(X){time} . Title II of Division K of the Consolidated 
Appropriations Act, 2008 (Pub. L. 110-161, December 26, 2008), provided 
$20 million for incremental voucher assistance through the FUP.
    FUP is a program under which vouchers are provided to families for 
whom the lack of adequate housing is a primary factor in the imminent 
placement of the family's child, or children, in out-of-home care; or 
the delay in the discharge of the child, or children, to the family 
from out-of-home care. Youths at least 18 years old and not more than 
21 years old (have not reached 22nd birthday) who left foster care at 
age 16 or older and who do not have adequate housing are also eligible 
to receive housing assistance under the FUP. A FUP voucher issued to 
such a youth may only be used to provide housing assistance for the 
youth for a maximum of 18 months.

[[Page 71031]]

    Vouchers awarded under the FUP are administered by PHAs under HUD's 
regulations for the HCV program (24 CFR part 982). Further, PHAs must 
modify their selection preference system to permit the selection of 
FUP-eligible families and/or FUP-eligible youths to which the PHA 
intends to issue FUP vouchers with available funding provided by HUD 
for this purpose. Additionally, funding under this NOFA may only be 
used to provide tenant-based housing assistance, as prescribed by 
section 8(x) of the U.S. Housing Act of 1937, so as to allow FUP-
eligible families and youths a choice in their selection of decent, 
safe, and affordable units on the private market.
    B. Definitions: The following definitions apply to the funding 
authority available under this funding announcement.
1. The terms ``FUP-eligible family'' and ``FUP-eligible youth''
    a. Are defined as:
    (1) A FUP-eligible family is a family that the public child welfare 
agency (PCWA) has certified as a family for whom the lack of adequate 
housing is a primary factor in the imminent placement of the family's 
child, or children, in out-of-home care, or in the delay of discharge 
of a child, or children, to the family from out-of-home care, and that 
the PHA has determined is eligible for a HCV.
    (2) A FUP-eligible youth is a youth that the PCWA has certified to 
be at least 18 years old and not more than 21 years old (has not 
reached his/her 22nd birthday) who left foster care at age 16 or older 
and who does not have adequate housing, and that the PHA has determined 
is eligible for a HCV.
2. Lack of Adequate Housing
    a. The lack of adequate housing means:
    (1) A family or youth is living in substandard or dilapidated 
housing; or
    (2) A family or youth is homeless; or
    (3) A family or youth is displaced by domestic violence; or
    (4) A family or youth is living in an overcrowded unit; or
    (5) A family or youth is living in housing not accessible to its 
disabled child or children due to the nature of the disability.
3. Substandard Housing
    a. A family or youth is living in substandard housing if the unit 
where the family or youth lives:
    (1) Is dilapidated;
    (2) Does not have operable indoor plumbing;
    (3) Does not have a usable flush toilet inside the unit for the 
exclusive use of a family or youth;
    (4) Does not have a usable bathtub or shower inside the unit for 
the exclusive use of a family or youth;
    (5) Does not have electricity, or has inadequate or unsafe 
electrical service;
    (6) Does not have a safe or adequate source of heat;
    (7) Should, but does not, have a kitchen; or
    (8) Has been declared unfit for habitation by an agency or unit of 
government.
4. Dilapidated Housing
    a. Dilapidated housing means:
    (1) A family or youth is living in a housing unit that is 
dilapidated if the unit where the family or youth lives does not 
provide safe and adequate shelter, and in its present condition 
endangers the health, safety, or well-being of a family or youth, or 
the unit has one or more critical defects, or a combination of 
intermediate defects in sufficient number or extent to require 
considerable repair or rebuilding. The defects may result from original 
construction, from continued neglect or lack of repair or from serious 
damage to the structure.
5. Homeless
    a. A homeless family includes any person (including a youth) or 
family that:
    (1) Lacks a fixed, regular, and adequate nighttime residence; and
    (2) Has a primary nighttime residence that is:
    (a) A supervised publicly or privately operated shelter designed to 
provide temporary living accommodations (including welfare hotels, 
congregate shelters, and transitional housing);
    (b) An institution that provides a temporary residence for persons 
intended to be institutionalized; or
    (c) A public or private place not designed for, or ordinarily used 
as, a regular sleeping accommodation for human beings.
6. Displaced by Domestic Violence
    a. A family or youth is displaced by domestic violence if:
    (1) The applicant has vacated a housing unit because of domestic 
violence; or
    (2) The applicant lives in a housing unit with a person who engages 
in domestic violence.
    (3) ``Domestic violence'' means felony or misdemeanor crimes of 
violence committed by a current or former spouse of the victim, by a 
person with whom the victim shares a child in common, by a person who 
is cohabitating with or has cohabitated with the victim as a spouse, by 
a person similarly situated to a spouse of the victim under the 
domestic or family violence laws of the jurisdiction receiving grant 
monies, or by any other person against an adult or youth victim who is 
protected from that person's acts under the domestic or family violence 
laws of the jurisdiction.
7. Living in Overcrowded Housing
    a. A family or youth is considered to be living in an overcrowded 
unit if it meets the following separate criteria for a family or youth 
as follows:
    (1) The family is separated from its child (or children) and the 
parent(s) are living in an otherwise standard housing unit, but, after 
the family is re-united, the parents' housing unit would be overcrowded 
for the entire family and would be considered substandard; or
    (2) The family is living with its child (or children) in a unit 
that is overcrowded for the entire family and this overcrowded 
condition may result in the imminent placement of its child (or 
children) in out-of-home care.
    (3) The youth is living in a unit that is overcrowded.
    For purposes of the above paragraph, the PHA may determine whether 
the unit is ``overcrowded'' in accordance with PHA subsidy standards.
8. Detained Family Member
    a. FUP-eligible family or FUP-eligible youth's family may not 
include:
    (1) Person imprisoned or otherwise detained pursuant to an Act of 
the Congress or a State law.
9. Public Child Welfare Agency (PCWA)
    a. The PCWA means:
    (1) The public agency that is responsible under applicable State 
law for determining that a child is at imminent risk of placement in 
out-of-home care or that a child in out-of-home care under the 
supervision of the public agency may be returned to his or her family, 
or that a youth left foster care at age 16 or older and is at least 18 
years old and not more than 21 years old.

II. Award Information

    A. Available Funds: This NOFA announces the availability of $20 
million for applications for the FY 2008 FUP which will provide voucher 
assistance to approximately 2,840 FUP eligible families and youths. The 
$20 million will be used to fund applications submitted by PHA's for 
HCVs to be issued to families for whom the lack of adequate housing is 
a primary factor in the separation, or the

[[Page 71032]]

threat of imminent separation, of children from their families; and/or 
youths 18 to 21 years old who left foster care at age 16 or older and 
who lack adequate housing.
    B. Maximum Voucher Request: The total number of vouchers that a PHA 
may apply for will be based upon the size of the PHA. PHAs with a HCV 
program of 2000 or more units under an ACC may apply for funding that 
will support approximately 100 units. PHAs with a HCV program of 500 
units to 1999 units may apply for funding that will support 
approximately 50 units. PHAs with a HCV program of less than 500 units 
under an ACC may apply for funding that will support approximately 25 
units.
    C. Lottery: If more approvable applications are submitted in FY 
2008 than funding available under this NOFA, a national lottery will be 
conducted to select approvable applications. See section V.B. of this 
NOFA regarding the lottery procedures to be followed.
    D. Unfunded Approvable Applications: PHAs with approvable 
applications that are not funded, in whole or in part, due to 
insufficient funds available under this FUP NOFA or HUD error, shall be 
funded first in FY 2009 provided HUD receives additional appropriations 
for the FUP in FY 2009.

III. Eligibility Information

    A. Eligible Applicants: PHAs are the eligible applicants and may 
submit only one application under this NOFA. This one application per 
PHA limit applies regardless of whether the PHA is a State or regional 
PHA, except in those instances where such a PHA has more than one PHA 
code number due to its operating under the jurisdiction of more than 
one HUD Field Office. In such instance, a separate application under 
each code shall be considered for funding with the cumulative total of 
vouchers applied for under the applications not to exceed the maximum 
number of vouchers the PHA is eligible to apply for under section II.B. 
of this NOFA; i.e., no more than the number of vouchers the same PHA 
would be eligible to apply for if it had only one PHA code number. 
Please note that a contract administrator that does not have an annual 
contributions contract (ACC) with HUD for HCVs, but constitutes a PHA 
under 24 CFR 791.102 by reason of its administering HCVs on behalf of 
another PHA, shall not be eligible to submit an application under this 
NOFA.
    B. Cost Sharing or Matching: None required.

C. Other

1. Threshold Requirements.
    a. All applicants must meet the threshold requirements under 
Section III.C. of the FY 2008 General Section with the following 
exceptions:
    (1) Section III.C.2.d. (Conducting Business in Accordance with Core 
Values and Ethical Standards). To reflect core values, all applicant 
PHAs shall develop and maintain a written code of conduct in the PHA's 
administrative plan that: (a) Requires compliance with the conflict of 
interest requirements of the HCV program cited in 24 CFR 982.161; and 
(b) Prohibits the solicitation or acceptance of gifts or gratuities in 
excess of a nominal value by an officer or employee of the PHA or any 
contractor, subcontractor, or agent of the PHA. The PHA's 
administrative plan shall state the PHA's policies concerning PHA 
administrative and disciplinary remedies for violation of the PHA's 
code of conduct. The PHA shall inform all officers, employees and 
agents of its organization, of the PHA's code of conduct.
    (2) Section III.C.4.b. (1) through (3) (Specific Steps to 
Affirmatively Furthering Fair Housing). The PHA must comply with 
Section III.C.4.b. of the General Section; the exceptions only apply to 
providing specific steps in the application. In addition, prior to the 
application due date under this NOFA, each applicant must submit to the 
public housing director in the applicant's local HUD field office an 
addendum to the applicant's HCV administrative plan that outlines 
reasonable steps the applicant will take to affirmatively further fair 
housing in regards to the vouchers awarded under this NOFA. Reasonable 
steps must include:
    (a) Identifying and ensuring certification of FUP eligible families 
and youth that may be on the PHA's waiting list and ensuring that the 
family or youth maintain their original position on the waiting list 
after certification.
    (b) Appropriately placing all FUP eligible families and youth 
referred from the PCWA on the HCV waiting list in order of first come, 
first served.
    (c) Informing applicants on how to file a fair housing complaint 
including the provision of the toll free number for the Housing 
Discrimination Hotline: 1-800-669-9777.
    Further, an applicant must comply with the affirmatively furthering 
fair housing requirements of 24 CFR Section 903.7(o) by: (1) Examining 
its programs or proposed programs; (2) identifying any impediments to 
fair housing choice within those programs; (3) addressing those 
impediments in a reasonable fashion in view of the resources available; 
(4) working with local jurisdictions to implement any of the 
jurisdiction's initiatives to affirmatively further fair housing that 
require the PHA's involvement; and (5) maintaining records reflecting 
these analyses and actions. Further, applicant PHAs are encouraged to 
take the following proactive steps in addressing accessibility problems 
for persons with disabilities: (1) Where requested by an individual, 
assist program applicants and participants to gain access to supportive 
services available within the community, but not require eligible 
applicants or participants to accept supportive services as a condition 
of continued participation in the program; (2) Identify public and 
private funding sources to assist participants with disabilities in 
covering the costs of structural alterations and other accessibility 
features that are needed as accommodations for their disabilities; (3) 
Not deny persons who qualify for a HCV under this program other housing 
opportunities, or otherwise restrict access to PHA programs to eligible 
applicants who choose not to participate; (4) Provide housing search 
assistance; (5) In accordance with rent reasonableness requirements, 
approve higher rents to owners that provide accessible units with 
structural modifications for persons with disabilities; and (6) Provide 
technical assistance, through referrals to local fair housing and equal 
opportunity offices, to owners interested in making reasonable 
accommodations or units accessible to persons with disabilities.
    b. The PHA must not have any major unresolved program management 
findings from an Inspector General's audit, HUD management review or 
Independent Public Accountant (IPA) audit for the PHA's HCV program or 
other significant program compliance problems that were not resolved 
prior to this NOFA's application deadline. Major program management 
findings, or significant program compliance problems, are those that 
would cast doubt on the capacity of the applicant to effectively 
administer any new HCV funding in accordance with applicable HUD 
regulatory and statutory requirements.
    c. The PHA must not be involved in litigation where HUD determines 
that the litigation may seriously impede the ability of the applicant 
to administer the vouchers.
    d. Program Threshold Requirements. To be eligible for funding in 
response to this NOFA, the applicant must meet the following program 
threshold

[[Page 71033]]

requirements and receive at least 50 points of the maximum 100 total 
points that could be received for Threshold Criterion 2, Efforts of PHA 
to Provide Area-Wide Housing Opportunities for Families.
    (1) Threshold Criterion 1: Unmet Housing Needs.
    (a) This criterion requires the PHA to demonstrate the need for an 
equal or greater number of HCVs than it is requesting under this NOFA. 
The PHA must assess and document the unmet housing need for its 
geographic jurisdiction of:
    (i) Families for whom the lack of adequate housing is a primary 
factor in the imminent placement of the family's child or children in 
out-of-home care, or in a delay of discharge of a child or children to 
the family from out-of-home care, and/or;
    (ii) Youths at least 18 years old and not more than 21 years old 
(have not reached his/her 22nd birthday) who left foster care at age 16 
or older and who do not have adequate housing. The results of the 
assessment must include a comparison of the estimated unmet housing 
needs of such families and youths to the Consolidated Plan covering the 
PHA's jurisdiction. The demonstration of need and comparison to the 
Consolidated Plan should be based on those FUP-eligible families, and/
or FUP-eligible youths that the PHA is basing its voucher request upon 
and to which it intends to issue FUP vouchers.
    (2) Threshold Criterion 2: Efforts of PHA To Provide Area-Wide 
Housing Opportunities for Families (100 points). Many PHAs have 
undertaken voluntary efforts to provide area-wide housing opportunities 
for families. The efforts described in response to this criterion must 
be beyond those required by federal law or regulation such as the 
portability provisions of the HCV program. (See section V.A. of this 
NOFA for points assigned for this Threshold Criterion).
    (3) Threshold Criterion 3: Memorandum of Understanding (Mou) 
Coordination Between PHA and Public Child Welfare Agency To Identify 
and Assist FUP-Eligible Families and FUP-Eligible Youths.
    The application must include an MOU, executed by the chief 
executive officer of the PHA and the PCWA, identifying the actions that 
the PHA and the PCWA will take to identify and assist FUP-eligible 
families and/or FUP-eligible youths, and the resources that each 
organization will commit to the FUP.
    (a) The MOU must clearly address, at a minimum, the following:
    (i) PHA responsibilities as outlined in section VI.B.3. of this 
NOFA.
    (ii) PCWA responsibilities as outlined in section VI.B.4. of this 
NOFA.
    (iii) The assistance the PCWA will provide to families and youths, 
as appropriate, in locating housing units and working with landlords to 
secure appropriate eligible units.
    (iv) The PCWA's past experience in administering a similar program.
    (v) Past PCWA and PHA cooperation in administering a similar 
program.
    (vi) If the PHA intends to issue FUP vouchers to FUP-eligible 
youths, the services to be provided to such youths by the PCWA, or by 
another agency/organization under agreement/contract to the PCWA to 
provide the services, which at a minimum must include the following for 
a period of not less than the 18 months a FUP-eligible youth is 
receiving rental assistance through the use of a FUP voucher.
    (A) Basic life skills information/counseling on money management, 
use of credit, housekeeping, proper nutrition/meal preparation; and 
access to health care (e.g., doctors, medication, and mental and 
behavioral health services).
    (B) Counseling on compliance with rental lease requirements and 
with HCV program participant requirements, including assistance/
referrals for assistance on security deposits, utility hook-up fees, 
and utility deposits.
    (C) Providing such assurances to owners of rental property as are 
reasonable and necessary to assist a FUP-eligible youth to rent a unit 
with a FUP voucher.
    (D) Job preparation and attainment counseling (where to look/how to 
apply, dress, grooming, relationships with supervisory personnel, 
etc.).
    (E) Educational and career advancement counseling regarding 
attainment of general equivalency diploma (GED); attendance/financing 
of education at technical school, trade school or college; including 
successful work ethic and attitude models.
    (F) Participation of FUP-eligible youths in the assessment and 
implementation of actions to address their needs, including the 
development of an individual case plan on each youth for services to be 
received and the youth's commitment to the plan (youth required to sign 
a service plan agreeing to attend counseling/training sessions and to 
take other actions as deemed appropriate to the youth's successful 
transition from foster care.
    The MOU shall be considered by HUD and the signatories (the PCWA 
and the PHA) as a complete statement of the responsibilities of both 
parties and evidence a commitment of resources to the FUP. As such, the 
document should be very specific. For instance, the PCWA must clearly 
indicate the amount of time and staff resources the PCWA will commit on 
a continuing basis to identifying the FUP-eligible families and/or FUP-
eligible youths to which FUP vouchers are intended to be issued; the 
length of time it will provide follow-up support services to these FUP-
eligible families and/or FUP-eligible youths after they receive their 
vouchers; etc. A MOU that does not contain the information required in 
this Threshold Criterion 3 will be deemed unacceptable and thereby the 
PHA's application for the FUP shall be determined to be unacceptable 
for funding.
    (4) Threshold Criterion 4: Public Child Welfare Agency Statement of 
Need for Family Unification Program.
    The application must include a statement by the PCWA describing the 
need in the area to be served for a program providing assistance to 
families for whom lack of adequate housing is a primary factor in the 
placement of the family's children in out-of-home care or in the delay 
of discharge of the children to the family from out-of-home care, and/
or youths age 18 to 21 who left foster care at age 16 or older and who 
lack adequate housing, as evidenced by the caseload of the PCWA. The 
PCWA must adequately demonstrate that there is a need in the PHA's 
jurisdiction for the FUP that is not being met through existing 
programs by indicating the number of FUP-eligible families who 
currently have children in danger of being placed in out-of-home care 
or who cannot be returned from out-of-home care due to inadequate 
housing, and/or the number of youths at least 18 years old but not more 
than 21 years old (have not yet reached their 22nd birthday) who left 
foster care at age 16 or older and who do not have adequate housing. 
The narrative must include specific information relevant to the area to 
be served, about homelessness, family violence resulting in involuntary 
displacement, number and characteristics of families who are 
experiencing the placement of children in out-of-home care or the 
delayed discharge of children from out-of-home care as the result of 
inadequate housing, and/or the number and characteristics of youths age 
18 through 21 released from foster care at age 16 or older who do not 
have adequate housing, and the PCWA's past experience in obtaining 
housing through HUD assisted programs and other sources for families 
and youths lacking adequate housing. The PCWA's statement of need 
should be based solely on those types of eligible FUP

[[Page 71034]]

voucher participants; i.e., FUP-eligible families and/or FUP-eligible 
youths to which the PHA may issue FUP vouchers.
    d. Each applicant must meet the PIC reporting requirements under 
PIH Notice 2007-29 (HA) that will be assessed for the month immediately 
preceding the month in which the applications under this NOFA are due. 
This threshold requirement will not apply to MTW agencies.
    e. Each applicant must have achieved points (15 or 20) under the 
Section 8 Management Assessment Program (SEMAP) leasing indicator (24 
CFR Section 985.3(n)) and not be designated as troubled for its most 
recent assessed fiscal year. MTW agencies that are not required to 
report under SEMAP shall be held to the 95 percent lease-up and budget 
authority utilization requirements referenced above. These MTW agencies 
are required to submit a certification with their application 
certifying that they are not required to report under SEMAP, and that 
they meet the 95 percent lease-up or budget authority utilization 
requirements.
    f. Each applicant must have their PHA plans approved for its 
current FY by the submission date of this NOFA.
    g. The PHA applicant must not have any major unresolved program 
management findings from an Inspector General Audit, HUD management 
review or Independent Public Accountant (IPA) audit for the PHA's HCV 
program or other significant program compliance problems that were not 
resolved prior to this NOFA's application deadline. Major program 
management findings, or significant program compliance problems, are 
those that would cast doubt on the capacity of the applicant to 
effectively administer any new HCV funding in accordance with 
applicable HUD regulatory and statutory requirements.
    h. The PHA must not be involved in litigation where HUD determines 
that the litigation may seriously impede the ability of the applicant 
to administer the vouchers.

IV. Application and Submission Information

    A. Address to Request Application Package. Applicants may download 
the instructions to the application found on the Grants.gov Web site at 
https://www.Grants.gov./applicants/apply_for_grants.jsp. If you have 
difficulty accessing the information you may call the Grants.gov 
Support Desk toll free at 1-800-518-GRANTS or e-mail your questions to 
Grants.gov">Support@Grants.gov. See the General Section for information regarding 
the registration process or ask for registration information from the 
Grants.gov Support Desk.

B. Content and Form of Application Submission

    Applicants submitting electronic copies should follow the 
procedures in Sections IV.B. and F. of the General Section. The 
following list is provided as a guide to help ensure that you submit 
all the required elements of the application. All applicants should 
enter the applicant name, DUNS number, and page numbers on the 
narrative pages of the application. All forms are available when you 
download the application and instructions from https://www.grants.gov/applicants/apply_for_grants.jsphttps://apply.grants.gov/forms_apps_idx.html.
    1. SF-424, Application for Federal Assistance.
    2. SF-LLL, Disclosure of Lobbying Activities.
    3. HUD-2880, Applicant/Recipient Disclosure/Update Report (``HUD 
Applicant Recipient Disclosure Report'' on Grants.gov).
    4. Form HUD-52515-Funding Application, must be completed and 
submitted. This form includes all the necessary certifications for Fair 
Housing, Drug-Free Workplace and Lobbying Activities. PHAs are 
requested to enter their housing authority code number (for example, 
CT002) as well as their electronic mail address, telephone number, and 
facsimile telephone number in the same place at the top of the form 
where they are also to enter the PHA's name and mailing address. 
Section C of the form should be left blank. PHAs may obtain a copy of 
form HUD-52515 by downloading the form from the following HUD Web site: 
https://www.hud.gov/offices/adm/hudclips/forms/index.cfm. In addition, 
the form HUD-52515 will also be posted with the FUP NOFA at the 
following HUD Web site: www.hud.gov/offices/adm/grants/otherhud.cfm. 
The form must be completed in its entirety, with the exception of 
Section C, signed and dated.
    5. Letter of Intent and Narrative. Funding is limited, and HUD may 
only have enough funds to approve a smaller amount than the number of 
vouchers requested. The PHA must state in its cover letter the number 
of vouchers it is requesting and the minimum number of vouchers it will 
accept if selected under a lottery system. The cover letter must also 
include a statement by the PHA certifying that the PHA has consulted 
with the agency or agencies in the State responsible for the 
administration of welfare reform to provide for the successful 
implementation of the State's welfare reform for families and youths 
receiving rental assistance under the FUP. The application must also 
include an explanation of how the applicant meets the requirements for 
Threshold Criterion 1 through 4 in section III.C.1.b. of this NOFA. The 
PCWA serving the jurisdiction of the PHA is responsible for providing 
the information for Threshold Criteria 4, to the PHA for submission 
with its application. This should include a discussion (as appropriate 
to whether the PHA intends to issue FUP voucher to eligible families 
and/or youths) of the case-load of the PCWA and information about 
homelessness, family violence resulting in involuntary displacement, 
number and characteristics for families who are experiencing the 
placement of children in out-of-home care or the delayed discharge of 
children from out-of-home care as a result of inadequate housing, the 
number and characteristics of youths age 18 to 21 years old who left 
foster care at age 16 or older and who lack adequate housing, and the 
PCWA's experience in obtaining housing through HUD assisted housing 
programs and other sources for families and youths lacking adequate 
housing. A State-wide PCWA must provide information on Threshold 
Criteria 4 to all PHAs that request such information; otherwise, HUD 
will not consider applications from any PHA with the State-wide PCWA as 
a participant in its program.
    6. Evaluation Certifications. The PHA and the PCWA, in separate 
certifications, must state that the PHA and PCWA agree to cooperate 
with HUD and provide requested data to the HUD office or HUD-approved 
contractor delegated the responsibility for the program evaluation. No 
specific language for this certification is prescribed by HUD.
    7. Form HUD-2993. All PHAs must complete and submit form HUD-2993, 
Acknowledgement of Application Receipt. In addition to the PHA entering 
its name and address on the form, the full title of the program under 
which the PHA is seeking funding must also be entered. This form is 
available at the following HUD Web site: https://www.hud.gov/offices/adm/hudclips/forms/index.cfm. In addition the form HUD-2993 will also 
be posted with the FUP NOFA at the following HUD Web site: www.hud.gov/offices/adm/grants/otherhud.cfm.
    8. Form HUD-2994-A. You Are Our Client! Grant Applicant Survey, 
Optional.
    9. Form HUD-96011. Third Party Documentation Facsimile Transmittal 
(``Facsimile Transmittal Form'' on

[[Page 71035]]

Grants.gov). Used as the cover page to transmit third party documents 
and other information designed for each specific application for 
tracking purposes. HUD will not be able to match faxes to an 
application if the application does not contain the HUD-96011 fax cover 
page, and each fax submitted does not use the HUD-96011 as the cover 
page to the facsimile transmission.
    C. Submission Dates and Times: Your completed application must be 
received and validated electronically by Grants.gov no later than 
11:59:59 p.m. Eastern time on the deadline date. The validation process 
can take 24-48 hours following receipt of the application by 
Grants.gov. Applicants are advised to submit the application 72 hours 
prior to the deadline date so that if the application is rejected by 
Grants.gov, the applicant has enough time to correct the noted problem 
and resubmit the application in time to meet the deadline requirements. 
(See General Section for further information on the Grants.gov 
validation process.)
    HUD has found that the most common error made by grantees which 
causes their application to fail validation is that the applicant ID 
and password do not match the DUNS number under which they are 
applying, or the applicant is not authorized by the organization to 
submit the application on behalf of the organization. Please make sure 
when submitting your application that you are using the correct DUNS 
number, user ID and password, that you have registered at Grants.gov 
and that you have been authorized by the organization to submit the 
application on behalf of the applicant. To check your registration 
status, follow the directions provided in the General Section.
    D. Intergovernmental Review: Intergovernmental review is not 
applicable to this program.
    E. Funding Restrictions:
    2. Voucher Funding. HUD's Housing Voucher Financial Management 
Division will determine the amount of funding that a PHA will be 
awarded under this NOFA based upon the PHA's per unit cost for FY 2008 
renewal funding or 2009 renewal funding if those costs are available. 
Administrative fees are not included in this funding and will be 
determined in accordance with section 10 of the Public and Indian 
Housing (PIH) Notice 2008-15 (HA) or a subsequent administrative fee 
notice (a copy of all PIH notices referenced in the NOFA may be 
downloaded at https://www.hudclip.org). PIH Moving to Work (MTW) 
agencies will be funded under this NOFA in accordance with their MTW 
agreements.

F. Other Submission Requirements

    1. Application Submission and Receipt Procedures. The General 
Section describes application submission procedures and how applicants 
may obtain proof of timely submission.
    2. Waiver of Electronic Submission Requirements. Applicants 
interested in applying for funding under this NOFA must submit their 
applications electronically via Grants.gov or request a waiver from the 
electronic submission requirement. Applicants should submit their 
waiver request in writing using e-mail. Waiver requests must be 
submitted no later than 15 days prior to the application deadline date 
and should be submitted to Danielle.L.Bastarache@hud.gov and 
Stephanie.Y.McQueen@hud.gov. If an applicant is granted a waiver, the 
approval will provide instructions for submitting paper copies to the 
appropriate HUD office. All paper applications must be received by the 
application deadline to meet the requirements for timely submission.
    3. Acceptable Applications. An acceptable application is one which 
meets all of the application submission requirements in Section IV.B. 
of the NOFA and does not fall into any of the categories listed in 
section V.B.3. of this NOFA. The Grants Management Center (GMC) will 
initially screen all applications and notify PHAs of technical 
deficiencies by letter.

V. Application Review Information

A. Criteria

    HUD's GMC is responsible for rating the applications under the 
selection criteria in this NOFA, and is responsible for the selection 
of FY 2008 applications that will receive consideration for assistance 
under the FUP.
    1. Rating and Assessment for Threshold Criteria 2. Many PHAs have 
undertaken voluntary efforts to provide area-wide housing opportunities 
for families. The efforts described in response to this criterion must 
be beyond those required by federal law or regulation such as the 
portability provisions of the HCV program. The GMC will assign 25 
points for any of the following assessments and add the points for all 
the assessments to determine the total points for this criterion.
    a. Assign 25 points if the PHA documents that PHA staff will 
provide housing counseling for families that want to move to low-
poverty or non-minority areas, or if the PHA has established a 
contractual relationship with a nonprofit agency or a local 
governmental entity to provide housing counseling for families that 
want to move to low-poverty or non-minority areas.
    b. Assign 25 points if the PHA documents that it participates with 
other PHAs in using a metropolitan wide or combined waiting list for 
selecting participants for the HCV program.
    c. Assign 25 points if the PHA documents that it has implemented 
other initiatives that have resulted in expanding housing opportunities 
in areas that do not have undue concentrations of poverty or minority 
families.
    d. Assign 25 points if the PHA is using HCVs (not part of a 
previously. HUD-approved FUP) to create a FUP like program or to expand 
upon its existing FUP.

B. Review and Selection Process

    1. GMC Screening. After the GMC has screened all applications and 
disapproved any applications unacceptable for further processing, the 
GMC will review and rate all approvable applications.
    All FY 2008 applications identified by the GMC as meeting the 
requirement of this NOFA, will be eligible for the lottery selection 
process. The GMC will select eligible PHAs to be funded based on a 
lottery in an event the cost of funding all approvable applications 
exceeds funding made available under this NOFA.
    HUD may limit the number of FY 2008 approvable applications 
selected for any State to no more than 10 percent of the budget 
authority made available under this NOFA in order to achieve geographic 
diversity. If establishing this geographic limit results in unspent 
budget authority, HUD may modify this limit to assure that all 
available funds are used.
    Applications will be funded in full for the number of vouchers 
requested by the PHA in accordance with the NOFA. If the remaining 
voucher funds are insufficient to fund the last PHA application in 
full, the GMC may recommend funding that application to the extent of 
the funding available and the applicant's willingness to accept a 
reduced number of vouchers. Applicants that do not wish to have the 
size of their programs reduced may indicate in their application that 
they do not wish to be considered for a reduced award of funds. The GMC 
will skip over these applicants if assigning the remaining funding 
would result in a reduced funding level.
    2. Technical Deficiencies. The General Section provides the 
procedures for

[[Page 71036]]

corrections to deficient applications. Please note that clarifications 
for corrections of technical deficiencies in accordance with the 
information provided by HUD to the applicant must be submitted within 
14 calendar days of receipt of the date of the HUD notification.
    3. Unacceptable Applications. After the 14-day technical deficiency 
correction period, the GMC will disapprove all PHA applications that 
the GMC determines are not acceptable for processing. The GMC's 
notification of rejection will state the basis for the decision which 
may include one of the following:
    a. Any PHA application that does not meet the threshold 
requirements of the General Section and/or this NOFA.
    b. A PHA's application that does not comply with the requirements 
of 24 CFR 982.102 and the requirements of this NOFA after the 
expiration of the 14-calendar day technical deficiency correction 
period.
    c. The PHA's application was submitted after the application 
deadline date.
    C. Anticipated Announcement and Award Dates: It is anticipated that 
award announcements will take place during either the month of June or 
July, 2009.

VI. Award Administration Information

    A. Award Notices: Successful applicants will receive an award 
letter from HUD. Funding will be provided to successful applicants as 
an amendment to the ACC of the applicant PHA.
    Unsuccessful applicants will receive a notification of rejection 
letter from the GMC that will state the basis for the decision. For a 
period of at least 120 days, beginning 30 days after the awards for 
assistance are publicly announced, HUD will provide to a requesting 
applicant a debriefing related to its application. (See the General 
Section for additional information regarding debriefing). Applicants 
requesting to be debriefed must send the written request to: Keia Neal, 
Acting Director, GMC, U.S. Department of Housing and Urban Development, 
501 School Street, SW., Suite 800, Washington, DC 20024.

B. Administrative and National Policy Requirements

    1. HCV Program Regulations. Applicants must administer the Family 
Unification Program in accordance with HUD's regulations governing the 
HCV Program (24 CFR 982). MTW agencies may administer these vouchers in 
accordance with their MTW agreements unless they are inconsistent with 
Appropriations Act requirements or the requirements of this NOFA.
    2. Turnover. If a voucher issued to a FUP-eligible family or FUP-
eligible youth under this program is terminated, the voucher must be 
reissued to the extent practicable, to either another FUP-eligible 
family or FUP-eligible youth. If the award on turnover to FUP eligible 
families or youth is not practicable, FUP vouchers may be used by PHAs 
for such families and youths based upon local needs and consistent with 
the PHA's administrative plan and MOU.
    A FUP voucher issued to a youth age 18 to 21 may not be used to 
provide housing assistance for that youth for a period of more than 18 
months, as per the statutory requirements of Section 8(x)(2) of the 
U.S. Housing Act of 1937, as amended.
3. PHA Responsibilities.
    a. Accept families and youths certified by the PCWA as eligible for 
the FUP. The PHA, upon receipt of the PCWA list of families and youths 
currently in the PCWA caseload, must compare the names with those of 
families and youths already on the PHA's HCV waiting list. Any family 
or youth on the PHA's HCV waiting list that matches with the PCWA's 
list must be assisted in order of their position on the waiting list in 
accordance with PHA admission policies. Any family or youth certified 
by the PCWA as eligible and not on the HCV waiting list must be placed 
on the waiting list. If the PHA has a closed HCV waiting list, it must 
reopen the waiting list to accept a FUP applicant family or youth who 
is not currently on the PHA's HCV waiting list;
    b. Determine if any families with children, or youths age 18 
through 21 on its HCV waiting list are living in temporary shelters or 
on the street and may qualify for the Family Unification Program, and 
refer such applicants to the PCWA;
    c. Determine if families with children, or youths age 18 through 21 
referred by the PCWA are eligible for HCV assistance and place eligible 
families/youths on the HCV waiting list;
    d. Amend the administrative plan in accordance with applicable 
program regulations and requirements;
    e. Administer the vouchers in accordance with applicable program 
regulations and requirements;
    f. Assure the quality of the evaluation that HUD intends to conduct 
on the FUP and cooperate with and provide requested data to the HUD 
office or HUD-approved contractor responsible for program evaluation; 
and
    g. Comply with the actions to be taken by the PHA as specified in 
the MOU executed by the PHA and the PCWA. {See Section III.C.1.b.3. 
regarding the MOU{time} .
4. PCWA Responsibilities
    a. Establish and implement a system to identify FUP-eligible 
families and FUP-eligible youths within the agency's caseload and to 
review referrals from the PHA;
    b. Provide written certification to the PHA that a family qualifies 
as a FUP-eligible family, or that a youth qualifies as a FUP-eligible 
youth, based upon the criteria established in section 8(x) of the 
United States Housing Act of 1937, and this notice;
    c. Commit sufficient staff resources to ensure that eligible 
families and youths are identified and determined eligible in a timely 
manner and to provide follow-up supportive services after these 
families and youths lease units;
    d. Cooperate with the evaluation that HUD intends to conduct on the 
FUP, and submit a certification with the PHA's application for FUP 
indicating that the PCWA will agree to cooperate with and provide 
requested data to the HUD office or HUD-approved contractor having 
responsibility for program evaluation; and
    e. Comply with the actions to be taken by the PCWA as specified in 
the MOU executed between the PCWA and the PHA. {See Section 
III.C.1.b.3. regarding the MOU.{time} 
5. Environmental Impact
    In accordance with 24 CFR 50.19(b)(11) and 58.35(b)(1) of the HUD 
regulations, tenant-based rental activities under this program are 
categorically excluded from the requirements of the National 
Environmental Policy Act of 1969 (NEPA) and are not subject to 
environmental review under the related laws and authorities. Activities 
under the homeownership option of this program are categorically 
excluded from NEPA requirements and excluded from other environmental 
requirements under 24 CFR 58.5 in accordance with 24 CFR 58.35(b)(5), 
but PHAs are responsible for the environmental requirements in 24 CFR 
982.626(c). With regard to activities under the homeownership option 
for units not yet under construction at the time the families enter 
into the contract for sale, the additional environmental review 
requirements referenced in 24 CFR Sections 982.628(e), 982.631(c)(3) 
and 982.637(b) also apply in addition to Section 982.626(c), and the 
PHA shall submit all relevant environmental

[[Page 71037]]

information to the responsible entity or to HUD to assist in the 
completion of those requirements.
    6. HUD's Strategic Goals. HUD is committed to ensuring that 
programs result in the achievement of HUD's strategic mission. HCVs 
awarded under this NOFA support the Department's strategic goals of 
expanding access to and the availability of decent, affordable rental 
housing. For more information about HUD's Strategic Plan and Annual 
Performance Plan, you may visit HUD's Web site at https://www.hud.gov/offices/cfo/reports/cforept.cfm. Also, see Section V.B. of the FY 2008 
General Section for information on ``HUD's Strategic Goals to Implement 
HUD's Strategic Framework and Demonstrate Results''.
    7. HUD Policy Priorities. HCVs awarded under this NOFA supports 
HUD's policy of providing increased homeownership and rental 
opportunities for low- and moderate-income persons.

C. Reporting

    1. Family Report. All successful applicants including MTW agencies) 
must report the usage of voucher funds under this NOFA through required 
submissions of the form HUD-50058, Family Report. PHAs must enter the 
program code ``FUP'' on line 2n of the Family Report for families who 
are assisted with vouchers under this NOFA. PHAs must maintain this 
code on the form HUD-50058 for the duration of the family's 
participation in the HCV program.
    2. Racial and Ethnic Data. HUD requires that funded recipients 
collect race and ethnic beneficiary data. HUD has adopted the Office of 
Management and Budget Standards for the Collection of Race and Ethnic 
Data. In view of these requirements, you should use form HUD-27061, 
Racial and Ethic Data Reporting Form (instruction for its use), found 
on www.HUDclips.org for this purpose.

VII. Agency Contacts

    1. Technical Assistance. Before the application deadline date, you 
can contact the Public and Indian Housing Resource Center (PIHRC) for 
answers to your questions. However, staff is not permitted to assist in 
preparing your application. Also, following selection of applicants, 
but before awards are announced, staff may assist in clarifying or 
confirming information that is a prerequisite to the offer of an award. 
The PIHRC can be reached by calling 1-800-955-2232 (this is a toll free 
number). Persons with hearing or speech impairments may access these 
numbers via TTY (text telephone) by calling the Federal Information 
Relay Service at 1-800-877-8339 (this is a toll-free number). For 
technical support for registering to apply using www.grants.gov, 
downloading an application, or electronically submitting an 
application, please call Grants.gov Customer Support at 800-518-GRANTS 
(472687) (This is a toll-free number) or e-mail support@grants.gov.
    2. Satellite Broadcast. HUD will not have a satellite broadcast on 
the FUP.

VIII. Other Information

    A. Public Access, Documentation and Disclosure: For information, 
please review section VIII.G. of the FY 2008 General Section.
    B. Paperwork Reduction Act: The information collection requirements 
contained in this document have been submitted to the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520) and approval is pending. Once approved, HUD will 
publish a notice in the Federal Register notifying the public regarding 
the OMB approval number. In accordance with the Paperwork Reduction 
Act, HUD may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection displays 
a currently valid OMB number.

    Dated: November 10, 2008.
Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
 [FR Doc. E8-27873 Filed 11-21-08; 8:45 am]
BILLING CODE 4210-67-P