Notice of Funding Availability (NOFA) for Rental Assistance for Non-Elderly Persons With Disabilities in Support of Designated Housing Plans, 72513-72518 [E8-28234]

Download as PDF Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Notices numbers). Prior to the application deadline, staff at the numbers given above, will be available to provide general guidance, but not guidance in actually preparing the application. Following selection, but prior to award, HUD staff will be available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. Agency contacts are those listed in Section IV. F. above in the Housing Voucher Management and Operations Division, (202) 708–0744. B. Technical Corrections to the NOFA. 1. Technical corrections to this NOFA will be posted on the Grants.gov Web site. 2. Any technical corrections will also be published in the Federal Register. 3. You are responsible for monitoring these sites during the application preparation period. Dated: November 18, 2008. Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing. [FR Doc. E8–28237 Filed 11–26–08; 8:45 am] VIII. Other Information SUMMARY: This NOFA announces the availability of approximately $15 million in one-year budget authority for Housing Choice Vouchers (HCVs) for non-elderly disabled families. 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 a.m. and 6:30 p.m. eastern time, Monday through Friday, except federal holidays. A. General Section References The following sub-sections of section VIII. of the General Section are hereby incorporated by reference: 1. Executive Order 13132, Federalism; 2. Public Access, Documentation, and Disclosure; 3. Section 103 of the HUD Reform Act. B. Paperwork Reduction Act The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control numbers 2577–0169 and 2577–0083. In accordance with the PRA, 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 control number. mstockstill on PROD1PC66 with NOTICES C. Environmental Impact This NOFA provides funding under, and does not alter the environmental requirements of 24 CFR part 982. Accordingly, under 24 CFR 50.19(c)(5), the NOFA is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). For environmental review of activities funded under this NOFA, see requirements described in section III.C.4 above. VerDate Aug<31>2005 17:16 Nov 26, 2008 Jkt 217001 BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5228–N–01] Notice of Funding Availability (NOFA) for Rental Assistance for Non-Elderly Persons With Disabilities in Support of Designated Housing Plans Office of the Assistant Secretary for Public and Indian Housing, HUD. ACTION: Notice of Funding Availability for Fiscal Year (FY) 2008 for Rental Assistance for Non-Elderly Persons with Disabilities in Support of Designated Housing Plans. AGENCY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 72513 SUPPLEMENTARY INFORMATION: Through today’s publication, HUD is making available approximately $15 million in one-year budget authority for Housing Choice Vouchers (HCVs) for non-elderly disabled families. This funding is expected to provide assistance to approximately 2,000 nonelderly disabled families and will enable public housing agencies (PHAs) to provide sufficient alternative resources to meet the housing needs of those non-elderly disabled families who would have been housed by the PHA if occupancy in a designated public housing project or building (or portion thereof) were not restricted to elderly households through the approval of a Designated Housing Plan. As is HUD’s practice in publishing the SuperNOFA, the NOFA published today provides the statutory and regulatory requirements, threshold requirements, and other factors applicable to funding being made available. Applicants for assistance under this NOFA must also refer to the 2008 General Section published on March 19, 2008, and subsequent supplementary information and technical corrections noted in the Summary section above for important application information and requirements (including submission requirements) which have changed this year. Applicants must 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 of 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:\FR\FM\28NON1.SGM 28NON1 72514 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Notices mstockstill on PROD1PC66 with NOTICES 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 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. Rental Assistance for Non-Elderly Persons with Disabilities in Support of Designated Housing Plans. C. Announcement Type: Initial announcement. D. Funding Opportunity Number: OMB Approval Numbers applicable to this NOFA are 2577–0169 and 2577– 0083. E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.871, Section 8 Housing Choice Vouchers. F. Dates: 1. Application Submission Date: The application deadline date is January 30, 2009. Applications must be received and validated by Grants.gov by 11:59 p.m. on the application deadline date. The validation check can take 24 to 48 hours after an application is received by Grants.gov. As a result, HUD strongly encourages applicants to submit their applications 48 to 72 hours prior to the application deadline date. See the 2008 General Section for application submission, faxing instructions, and timely receipt requirements. HUD will not accept an entire application submitted by fax. 2. Estimated Funding Award Date. The estimated award date will be June or July 2009. G. Additional Important Overview Information: 1. This NOFA announces the availability of $15 million in one-year budget authority for HCVs for nonelderly disabled families in support of Designated Housing Plans that designate public housing units for occupancy by elderly families only. This funding is expected to provide assistance to approximately 2,000 non-elderly disabled families. Funding made available through this NOFA will enable non-elderly disabled families to access affordable private housing. The HCV funding will enable VerDate Aug<31>2005 17:16 Nov 26, 2008 Jkt 217001 PHAs to provide sufficient alternative resources to meet the housing needs of those non-elderly disabled families who would have been housed by the PHA if occupancy in a designated public housing project or building (or portion thereof) were not restricted to elderly households through the approval of a Designated Housing Plan. 2. 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/. 3. Match. None required. 4. 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/. 5. 2008 General Section Reference. Section I, ‘‘Funding Opportunity Description’’ of the 2008 General Section and subsequent supplementary information and technical corrections published in the Federal Register, are hereby incorporated by reference. 6. Other 2008 General Section References. See ‘‘Other Submission 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 $15 million in FY 2008 funds. B. Purpose of this program. Vouchers under this NOFA will assist non-elderly disabled families that would have been housed by a PHA if occupancy in the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 designated public housing project/ building (or portion thereof) were not restricted to elderly households. C. Legal Authority. Title II of Division K of the Consolidated Appropriations Act, 2008 (Pub. L. 110–161) provides appropriations for incremental vouchers to assist non-elderly disabled families affected by the designation of a public housing development under section 7 of the United States Housing Act of 1937, as amended. D. Definitions of Terms. The following definitions apply to funding available under this NOFA. 1. Designated Housing Plan. A HUDapproved Designated Housing Plan is required of PHAs that have designated a project/building (or portion thereof) for occupancy by elderly families only. Public and Indian Housing (PIH) Notice 2005–2 (HA), Requirements for Designation of Public Housing Projects, explains the process for such designation. This Notice was most recently extended by Notice PIH 2008– 10 (HA). Copies of PIH Notices referenced in this NOFA may be downloaded at https://www.hudclips.org. 2. Elderly Family. A family whose head, spouse, or sole member is 62 years or older. It may include two or more elderly persons living together, or one or more elderly persons living with one or more persons determined under the public housing agency plan to be essential to their care or well being. 3. Non-elderly Disabled Family. A family that does not meet the definition of an elderly family whose head, spouse, or sole member is a person with disabilities. 4. Person with disabilities. a. Has a disability as defined in Section 223 of the Social Security Act (42 U.S.C. 423); b. Is determined, pursuant to regulations issued by the Secretary, to have a physical, mental, or emotional impairment which: (i) Is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that such ability could be improved by more suitable housing conditions; or c. Has a developmental disability as defined in Section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 6001); and d. Such term shall not exclude persons who have the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Notwithstanding any other provision of law, no individual shall be considered E:\FR\FM\28NON1.SGM 28NON1 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Notices mstockstill on PROD1PC66 with NOTICES a person with disabilities for purposes of eligibility for low-income housing solely on the basis of any drug or alcohol dependence. II. Award Information A. Available Funds. This NOFA announces the availability of $15 million in one-year budget authority for HCVs for non-elderly disabled families in support of Designated Housing Plans that designate public housing units for occupancy by elderly families only. This funding is expected to provide assistance to approximately 2,000 nonelderly disabled families. Any funds remaining unobligated under this NOFA will first be used to fund any approvable applications under HUD’s NOFA entitled Rental Assistance for Non-Elderly Persons with Disabilities Related to Certain Types of Section 8 Project-Based Developments and Section 202, Section 221(d)(3) and Section 236 Developments (Certain Developments), for which there are insufficient funds. Conversely, any funds remaining unobligated after funding approvable applications under the Certain Developments NOFA will be made available to fund approvable applications under this NOFA. Further, pursuant to the Consolidated Appropriations Act, 2008, any funds still remaining unobligated under this announcement or the Certain Developments NOFA will be made available for other non-elderly disabled families through a subsequent NOFA. B. HCV Funding Process. HUD will only fund one application per PHA under this announcement. This oneapplication-per-PHA limit applies regardless of whether or not the PHA is a state or regional PHA. 1. Maximum Voucher Request. A PHA may apply for only the number of vouchers needed to house those nonelderly disabled families that otherwise would have been housed if not for the designation of a project/building (or portion thereof) for occupancy by elderly only. PHAs are limited to applying for no more than the number of public housing units that were designated under an approved Designated Housing Plan, the number of non-elderly disabled families on the public housing waiting list for those units at the time of designation, or 100 vouchers, whichever is less. 2. Determination of Funding Amount for the Applicant’s Requested Number of Vouchers. HUD’s Housing Voucher Financial Management Division will determine the amount of one-year budget authority that an applicant will be awarded under this NOFA based on the PHA’s per unit cost for 2008 renewal VerDate Aug<31>2005 17:16 Nov 26, 2008 Jkt 217001 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 Public and Indian Housing (PIH) Notice 2008–15 (HA) or a subsequent administrative fee notice (a copy of all PIH notices referenced in this NOFA may be downloaded at https://www.hudclips.org). PIH Moving to Work (MTW) agencies will be funded under this NOFA in accordance with their MTW agreements. 3. Unfunded Approvable Applications. PHAs with approvable applications that are not funded in whole or in part due to insufficient funds available under this NOFA will not be funded. III. Eligibility Information A. Eligible Applicants. PHAs that currently administer a HCV program are eligible to apply for funding under this NOFA. B. Cost Sharing or Matching. None required. C. Other Requirements. 1. Eligible Activities. HCVs awarded under this NOFA will be subject to all of the requirements of 24 CFR part 982 with exceptions noted in regard to waiting list selection in section III.C.3. 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. All PHAs (including MTW agencies) must comply with the requirements of PIH Letter 2007–1 (New Freedom Initiative, Executive Order 13217: ‘‘CommunityBased Alternatives for Individuals with Disabilities,’’ and the Housing Choice Voucher Program) which extended Notice PIH 2006–21 (HA) which reinstated Notice PIH Notice 2005–5 (HA). These requirements include, but are not limited to, re-issuance upon turnover of these vouchers to nonelderly disabled families on the PHA’s waiting list and entering appropriate data into the Public and Indian Housing Information Center (PIC). In addition, Section 213 of the FY 2008 Appropriations Act states that amounts available under this Act or previous appropriations acts for tenant-based rental assistance and used for nonelderly disabled families or for the Family Unification Program shall, to the extent practicable, remain available for each respective purpose upon turnover. 2. Threshold Requirements. a. All applicants must meet all threshold requirements in Section III.C of the 2008 General Section with the following exceptions: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 72515 (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 HA or any contractor, subcontractor, or agent of the PHA. The PHA’s administrative plan shall state the PHA policies concerning PHA administrative and disciplinary remedies for violation of the PHA 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 regard to the vouchers awarded under this NOFA. Reasonable steps must include: (a) Identifying non-elderly disabled families on its public housing waiting list that will not be housed due to an approved or submitted Designated Housing Plan; and (b) Inform individuals 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 E:\FR\FM\28NON1.SGM 28NON1 mstockstill on PROD1PC66 with NOTICES 72516 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Notices 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. Applications under this NOFA must also meet the following threshold requirements to be eligible for funding under this NOFA. (1) Each applicant must have a HUDapproved Designated Housing plan. These Designated Housing Plans must be listed on the following Web site: https://www.hud.gov/offices/pih/ programs/ph/dhp/designated.cfm (Click on MS-Excel file). (2) 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. (3) Each applicant must have achieved points (15 or 20) under the Section 8 Management Assessment Program (SEMAP) leasing indicator (24 CFR 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. (4) The PHA applicant must not have any major unresolved program VerDate Aug<31>2005 17:16 Nov 26, 2008 Jkt 217001 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 (such as fair housing and/or civil rights violations or findings) 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. (5) 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. 3. Eligible Participants. Non-elderly disabled families that are income eligible under 24 CFR 982.201(b)(1) and were on the PHA’s public housing waiting list at the time of designation may receive a HCV awarded under this NOFA. Such families need not be listed on the PHA’s HCV waiting list in order to be offered a voucher. These families may be admitted to the HCV program as special admissions under 24 CFR Section 982.203. Additional information on the eligibility requirements is located on the following HUD Web site: www.hud.gov/offices/pih/programs/hcv/ pwd/designated.cfm. 4. Environmental Review. 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 for existing units and for units under construction at the time the family enters into the contract for sale are categorically excluded from NEPA requirements and excluded from other environmental requirements under 24 CFR 58.5 in accordance with 24 CFR Section 58.35(b)(5), but PHAs are responsible for the environmental requirements in 24 CFR Section 982.626(c). With regard to activities under the homeownership option for units not yet under construction at the time the family enters into the contract for sale, the additional environmental review requirements referenced in 24 CFR 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 information to the responsible entity or to HUD to PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 assist in the completion of those requirements. IV. Application and Submission Information A. Addresses to Request Application Package. Please read the 2008 General Section under Section IV.A. for full details on Web sites, electronic forms and electronic applicant submission requirements. B. Content and Form of Application Submission. Please carefully read Section IV. of the 2008 General Section. 1. Content of Application under this NOFA. a. Each PHA must complete the following forms: (1) Form HUD–52515, Funding Application, Section 8 Tenant-Based Assistance, Rental Certificate Program, Rental Voucher Program. (A) When completing this form, only complete the box for total dwelling units under vouchers in section B. Do not complete section C. (B) In section D of the form, the PHA must include the following information related to its HUD-approved Designated Housing Plan: (i) The number of vouchers requested, which may not exceed: (a) The number of units designated for elderly families only in its approved Designated Housing Plan; (b) the number of nonelderly disabled families on the PHA’s waiting list for those units at the time of designation (which must be stated in the application); or (c) 100 whichever is less; (ii) The number of previously awarded vouchers for units designated for elderly families only in its approved Designated Housing Plan; (iii) The minimum number of vouchers that the PHA will accept if selected under a lottery system (See Section V.B.3. below). (2) Form SF–424, Application for Federal Assistance. When completing this form, the Federal Identifier requested in section 5a is the PHA’s five digit number (e.g., MD035 or AK002). PHA applicants should estimate proposed start date and end date in section 17. In Section 18 (Estimated Funding), complete only 18.a and 18.g. The amount entered in both fields should be the total number of vouchers requested in Section B of the form HUD–52515 times the per housing assistance payments unit cost for 2008 HCV renewal funding or the per unit cost for 2009 renewal funding, if those costs are available. (3) Form HUD–2880, Applicant/ Recipient Disclosure/Update Report; E:\FR\FM\28NON1.SGM 28NON1 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Notices (4) Form HUD–2993, Acknowledgment of Application Receipt; (5) Form HUD–96011, Third Party Documentation Facsimile Transmittal; if applicable for cover letter; (6) Form HUD–2991, Certification of Consistency with the Consolidated Plan, or a copy of the signed PHA Certification of Compliance for its current Annual PHA Plan; and (7) SF–LLL, Disclosure of Lobbying Activities, if applicable. C. Submission Date and Time. Your completed application must be received and validated by Grants.gov no later than 11:59:59 p.m. eastern time on the application deadline date. D. Intergovernmental Review. This NOFA is not subject to Executive Order 12372, Intergovernmental Review of Federal Programs. E. Funding Restrictions. Funds under this NOFA may only be used for housing assistance for eligible participants and may not be used for performance of routine HCV program functions that are reimbursed through HCV administrative fees. F. Other Submission Requirements. See section IV.F.3. of the 2008 General Section. Electronic application submission is mandatory unless an applicant requests, and is granted, a waiver to the requirement. Applicants should submit their waiver requests 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 Phyllis.A.Smelkinson@hud.gov. The subject line of the e-mail message should be FY 2008 Designated Housing NOFA Waiver Request. If an applicant is granted a waiver, then the approval will provide instructions for submitting paper copies to the appropriate HUD office(s). All paper applications must be received by the application deadline date to meet the requirements for timely submission. V. Application Review Information A. Criteria. 1. Factors Used to Evaluate and Rate Applications. None. mstockstill on PROD1PC66 with NOTICES B. Review and Selection Process. 1. Technically Acceptable Applications. All technically acceptable applications that meet the threshold criteria of section III.C.2. above will be funded to the extent funds are available. a. Funding Priority Categories. None. b. Order of Funding. If funding under this NOFA is not available to fund all applications received by the NOFA VerDate Aug<31>2005 17:16 Nov 26, 2008 Jkt 217001 deadline, a lottery will be used until all funding is exhausted c. Insufficient Funds. Not applicable. 2. Corrections to Deficient Applications. The 2008 General Section provides the procedures for corrections to deficient applications. Please note that clarifications or corrections of technical deficiencies in accordance with the information provided by HUD to the applicant must be submitted within 14 calendar days of the date of receipt of the HUD notification. 3. Unacceptable Applications. After the technical deficiency correction period (as provided in the 2008 General Section), the HUD Grants Management Center (GMC) will disapprove PHA applications that it determines are not acceptable for processing. Applications from PHAs that fall into any of the following categories are ineligible for funding under this NOFA and will not be processed: a. Any PHA that does not meet the threshold requirements of the 2008 General Section. b. Any PHA that does not meet the threshold requirements of Section III.C. c. A PHA’s whose application does not comply with the requirements of this NOFA after the expiration of the 14calendar day technical deficiency correction period. d. A PHA whose application was submitted after the application due date. e. A PHA whose application was not submitted to the official place of receipt. C. Anticipated Announcement and Award Dates. It is anticipated that award announcements will take place during 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 Annual Contributions Contract of the applicant PHA. Unsuccessful applicants will receive a notification of rejection letter from the GMC that will state the basis for the decision. The applicant may request an applicant debriefing. Beginning not less than 30 days after the awards for assistance are announced publicly, upon receiving a written request, HUD will provide a debriefing to the requesting applicant. (See the 2008 General Section for additional information regarding a debriefing.) Applicants requesting to be debriefed must send a written request to: Keia Neal, Acting Director, Grants Management Center, U.S. Department of Housing and Urban Development, 501 School Street, SW., Suite 800, Washington, DC 20024. PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 72517 B. Administrative and National Policy Requirements. 1. 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: (1) Increasing homeownership opportunities, and (2) promoting decent, affordable housing by expanding access to these opportunities for non-elderly persons with disabilities. 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. 2. HUD Policy Priorities. HCVs awarded under this NOFA supports HUD’s policy of: Providing increased homeownership and rental opportunities for low- and moderateincome persons with disabilities. C. Reporting. 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 ‘‘PHDES’’ 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. HUD’s assessment of PHA compliance under this NOFA will be based on PIC system data. VII. Agency Contacts A. For Technical Assistance. For answers to your questions, you may contact the Public and Indian Housing Resource Center at 1–800–955–2232. Persons with hearing or speech impairments may access this number via TTY (text telephone) by calling the Federal Information Relay Service at 1– 800–877–8339. (These are toll-free numbers.) Prior to the application deadline, staff at the numbers given above, will be available to provide general guidance, but not guidance in actually preparing the application. Following selection, but prior to award, HUD staff will be available to assist in clarifying or confirming information that is a prerequisite to the offer of an award by HUD. VIII. Other Information A. Paperwork Reduction Act. The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501–3520) and assigned OMB control numbers 2577–0169 and 2577–0083. In E:\FR\FM\28NON1.SGM 28NON1 72518 Federal Register / Vol. 73, No. 230 / Friday, November 28, 2008 / Notices accordance with the PRA, 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 control number. B. Public Access, Documentation, and Disclosure. See Section VIII. G. of the 2008 General Section. C. Environmental Impact. This NOFA provides funding under, and does not alter the environmental requirements of 24 CFR part 982. Accordingly, under 24 CFR 50.19(c)(5), the NOFA is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). For environmental review of activities funded under this NOFA, see requirements described in section III.C.4 above. Dated: November 18, 2008. Paula O. Blunt, General Deputy Assistant Secretary for Public and Indian Housing. [FR Doc. E8–28234 Filed 11–26–08; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Office of the Secretary Proposed Renewal of Information Collection: OMB Control Number 1091–0001, Applicant Background Survey Office of Civil Rights. Notice and request for comments. AGENCY: ACTION: SUMMARY: In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of Civil Rights, Office of the Secretary, Department of the Interior (DOI) announces the proposed extension of a public information collection and seeks public comments on the provisions thereof. Consideration will be given to all comments received by January 27, 2009. ADDRESSES: Send your written comments to the U.S. Department of the Interior, Office of the Secretary, Office of Civil Rights, Attn. John Burden, Deputy Director, 1849 C St. NW., MS 2607 MIB, Washington, DC 20240. Send any faxed comments to (202) 208–6112, attn. John Burden. Comments may also be emailed to John_Burden@ios.doi.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information on this renewed information collection or its Applicant Background Survey Form should be directed to U.S. Department mstockstill on PROD1PC66 with NOTICES DATES: VerDate Aug<31>2005 17:16 Nov 26, 2008 Jkt 217001 of the Interior, Office of the Secretary, Office of Civil Rights, Attn. John Burden, Deputy Director, 1849 C St. NW., MS 2607 MIB, Washington, DC 20240. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. SUPPLEMENTARY INFORMATION: I. Abstract DOI is below parity with the Relevant Civilian Labor Force representation for many mission critical occupations. The Department’s Strategic Human Capital management Plan identifies the job skills that will be needed in its current and future workforce. The job skills it will need are dispersed throughout its eight bureaus and include, among others, making visitors welcome to various facilities, such as parks and refuges, processing permits for a wide variety of uses of the public lands, collecting royalties for minerals extracted from the public lands, rounding-up and adopting-out wild horses and burros found in the west, protecting archeological and cultural resources of the public lands, and enforcing criminal laws of the United States. As a result of this broad spectrum of duties and services, the Department touches the lives of most Americans. The people who deal with the Department bring with them a wide variety of backgrounds, cultures, and experiences. A diverse workforce enables the Department to provide a measure of understanding to its customers by relating to the diverse background of those customers. By including employees of all backgrounds, all DOI employees gain a measure of knowledge, background, experience, and comfort in serving all of the Department’s customers. In order to determine if there are barriers in our recruitment and selection processes, DOI must track the demographic groups that apply for its jobs. There is no other statistically valid method to make these determinations, and no source of this information other than directly from applicants. The data collected is not provided to selecting officials and plays no part in the merit staffing or the selection processes. The data collected will be used in summary form to determine trends covering the PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 demographic make-up of applicant pools and job selections within a given occupation or organizational group. The records of those applicants not selected are destroyed in accordance with DOI’s records management procedures. II. Data (1) Title: Applicant Background Survey. OMB Control Number: 1091–0001. Current Expiration Date: April 30, 2009. Type of Review: Information Collection Renewal. Affected Entities: Applicants for DOI jobs. Estimated annual number of respondents: 13433. Frequency of Response: Once per job application. (2) Annual reporting and record keeping burden: Average reporting burden per application: 5 minutes. Total annual reporting: 1119 hours. (3) Description of the need and use of the information: This information is required to obtain the source of recruitment, ethnicity, race, and disability data on job applicants to determine if the recruitment is effectively reaching all aspects of relevant labor pools and to determine if there are proportionate acceptance rates at various stages of the recruitment process. Response is optional. The information is used for evaluating recruitment only, and plays no part in the selection of who is hired. III. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to E:\FR\FM\28NON1.SGM 28NON1

Agencies

[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Notices]
[Pages 72513-72518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28234]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5228-N-01]


Notice of Funding Availability (NOFA) for Rental Assistance for 
Non-Elderly Persons With Disabilities in Support of Designated Housing 
Plans

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

ACTION: Notice of Funding Availability for Fiscal Year (FY) 2008 for 
Rental Assistance for Non-Elderly Persons with Disabilities in Support 
of Designated Housing Plans.

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SUMMARY: This NOFA announces the availability of approximately $15 
million in one-year budget authority for Housing Choice Vouchers (HCVs) 
for non-elderly disabled families. 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 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 
$15 million in one-year budget authority for Housing Choice Vouchers 
(HCVs) for non-elderly disabled families. This funding is expected to 
provide assistance to approximately 2,000 non-elderly disabled families 
and will enable public housing agencies (PHAs) to provide sufficient 
alternative resources to meet the housing needs of those non-elderly 
disabled families who would have been housed by the PHA if occupancy in 
a designated public housing project or building (or portion thereof) 
were not restricted to elderly households through the approval of a 
Designated Housing Plan.
    As is HUD's practice in publishing the SuperNOFA, the NOFA 
published today provides the statutory and regulatory requirements, 
threshold requirements, and other factors applicable to funding being 
made available. Applicants for assistance under this NOFA must also 
refer to the 2008 General Section published on March 19, 2008, and 
subsequent supplementary information and technical corrections noted in 
the Summary section above for important application information and 
requirements (including submission requirements) which have changed 
this year.
    Applicants must 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 of 
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

[[Page 72514]]

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 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. Rental Assistance for Non-Elderly 
Persons with Disabilities in Support of Designated Housing Plans.
    C. Announcement Type: Initial announcement.
    D. Funding Opportunity Number: OMB Approval Numbers applicable to 
this NOFA are 2577-0169 and 2577-0083.
    E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.871, 
Section 8 Housing Choice Vouchers.
    F. Dates:
    1. Application Submission Date: The application deadline date is 
January 30, 2009. Applications must be received and validated by 
Grants.gov by 11:59 p.m. on the application deadline date. The 
validation check can take 24 to 48 hours after an application is 
received by Grants.gov. As a result, HUD strongly encourages applicants 
to submit their applications 48 to 72 hours prior to the application 
deadline date. See the 2008 General Section for application submission, 
faxing instructions, and timely receipt requirements. HUD will not 
accept an entire application submitted by fax.
    2. Estimated Funding Award Date. The estimated award date will be 
June or July 2009.
    G. Additional Important Overview Information:
    1. This NOFA announces the availability of $15 million in one-year 
budget authority for HCVs for non-elderly disabled families in support 
of Designated Housing Plans that designate public housing units for 
occupancy by elderly families only. This funding is expected to provide 
assistance to approximately 2,000 non-elderly disabled families.
    Funding made available through this NOFA will enable non-elderly 
disabled families to access affordable private housing. The HCV funding 
will enable PHAs to provide sufficient alternative resources to meet 
the housing needs of those non-elderly disabled families who would have 
been housed by the PHA if occupancy in a designated public housing 
project or building (or portion thereof) were not restricted to elderly 
households through the approval of a Designated Housing Plan.
    2. 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/.
    3. Match. None required.
    4. 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/.
    5. 2008 General Section Reference. Section I, ``Funding Opportunity 
Description'' of the 2008 General Section and subsequent supplementary 
information and technical corrections published in the Federal 
Register, are hereby incorporated by reference.
    6. Other 2008 General Section References. See ``Other Submission 
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 $15 million in FY 2008 funds.
    B. Purpose of this program. Vouchers under this NOFA will assist 
non-elderly disabled families that would have been housed by a PHA if 
occupancy in the designated public housing project/building (or portion 
thereof) were not restricted to elderly households.
    C. Legal Authority. Title II of Division K of the Consolidated 
Appropriations Act, 2008 (Pub. L. 110-161) provides appropriations for 
incremental vouchers to assist non-elderly disabled families affected 
by the designation of a public housing development under section 7 of 
the United States Housing Act of 1937, as amended.
    D. Definitions of Terms. The following definitions apply to funding 
available under this NOFA.
    1. Designated Housing Plan. A HUD-approved Designated Housing Plan 
is required of PHAs that have designated a project/building (or portion 
thereof) for occupancy by elderly families only. Public and Indian 
Housing (PIH) Notice 2005-2 (HA), Requirements for Designation of 
Public Housing Projects, explains the process for such designation. 
This Notice was most recently extended by Notice PIH 2008-10 (HA). 
Copies of PIH Notices referenced in this NOFA may be downloaded at 
https://www.hudclips.org.
    2. Elderly Family. A family whose head, spouse, or sole member is 
62 years or older. It may include two or more elderly persons living 
together, or one or more elderly persons living with one or more 
persons determined under the public housing agency plan to be essential 
to their care or well being.
    3. Non-elderly Disabled Family. A family that does not meet the 
definition of an elderly family whose head, spouse, or sole member is a 
person with disabilities.
    4. Person with disabilities.
    a. Has a disability as defined in Section 223 of the Social 
Security Act (42 U.S.C. 423);
    b. Is determined, pursuant to regulations issued by the Secretary, 
to have a physical, mental, or emotional impairment which: (i) Is 
expected to be of long-continued and indefinite duration; (ii) 
substantially impedes his or her ability to live independently; and 
(iii) is of such a nature that such ability could be improved by more 
suitable housing conditions; or
    c. Has a developmental disability as defined in Section 102 of the 
Developmental Disabilities Assistance and Bill of Rights Act of 2000 
(42 U.S.C. 6001); and
    d. Such term shall not exclude persons who have the disease of 
acquired immunodeficiency syndrome or any conditions arising from the 
etiologic agent for acquired immunodeficiency syndrome. Notwithstanding 
any other provision of law, no individual shall be considered

[[Page 72515]]

a person with disabilities for purposes of eligibility for low-income 
housing solely on the basis of any drug or alcohol dependence.

II. Award Information

    A. Available Funds. This NOFA announces the availability of $15 
million in one-year budget authority for HCVs for non-elderly disabled 
families in support of Designated Housing Plans that designate public 
housing units for occupancy by elderly families only. This funding is 
expected to provide assistance to approximately 2,000 non-elderly 
disabled families.
    Any funds remaining unobligated under this NOFA will first be used 
to fund any approvable applications under HUD's NOFA entitled Rental 
Assistance for Non-Elderly Persons with Disabilities Related to Certain 
Types of Section 8 Project-Based Developments and Section 202, Section 
221(d)(3) and Section 236 Developments (Certain Developments), for 
which there are insufficient funds. Conversely, any funds remaining 
unobligated after funding approvable applications under the Certain 
Developments NOFA will be made available to fund approvable 
applications under this NOFA. Further, pursuant to the Consolidated 
Appropriations Act, 2008, any funds still remaining unobligated under 
this announcement or the Certain Developments NOFA will be made 
available for other non-elderly disabled families through a subsequent 
NOFA.
    B. HCV Funding Process. HUD will only fund one application per PHA 
under this announcement. This one-application-per-PHA limit applies 
regardless of whether or not the PHA is a state or regional PHA.
    1. Maximum Voucher Request. A PHA may apply for only the number of 
vouchers needed to house those non-elderly disabled families that 
otherwise would have been housed if not for the designation of a 
project/building (or portion thereof) for occupancy by elderly only. 
PHAs are limited to applying for no more than the number of public 
housing units that were designated under an approved Designated Housing 
Plan, the number of non-elderly disabled families on the public housing 
waiting list for those units at the time of designation, or 100 
vouchers, whichever is less.
    2. Determination of Funding Amount for the Applicant's Requested 
Number of Vouchers. HUD's Housing Voucher Financial Management Division 
will determine the amount of one-year budget authority that an 
applicant will be awarded under this NOFA based on the PHA's per unit 
cost for 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 Public and Indian 
Housing (PIH) Notice 2008-15 (HA) or a subsequent administrative fee 
notice (a copy of all PIH notices referenced in this NOFA may be 
downloaded at https://www.hudclips.org). PIH Moving to Work (MTW) 
agencies will be funded under this NOFA in accordance with their MTW 
agreements.
    3. Unfunded Approvable Applications. PHAs with approvable 
applications that are not funded in whole or in part due to 
insufficient funds available under this NOFA will not be funded.

III. Eligibility Information

    A. Eligible Applicants. PHAs that currently administer a HCV 
program are eligible to apply for funding under this NOFA.
    B. Cost Sharing or Matching. None required.
    C. Other Requirements.
    1. Eligible Activities. HCVs awarded under this NOFA will be 
subject to all of the requirements of 24 CFR part 982 with exceptions 
noted in regard to waiting list selection in section III.C.3. 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. All PHAs (including MTW 
agencies) must comply with the requirements of PIH Letter 2007-1 (New 
Freedom Initiative, Executive Order 13217: ``Community-Based 
Alternatives for Individuals with Disabilities,'' and the Housing 
Choice Voucher Program) which extended Notice PIH 2006-21 (HA) which 
reinstated Notice PIH Notice 2005-5 (HA). These requirements include, 
but are not limited to, re-issuance upon turnover of these vouchers to 
non-elderly disabled families on the PHA's waiting list and entering 
appropriate data into the Public and Indian Housing Information Center 
(PIC). In addition, Section 213 of the FY 2008 Appropriations Act 
states that amounts available under this Act or previous appropriations 
acts for tenant-based rental assistance and used for non-elderly 
disabled families or for the Family Unification Program shall, to the 
extent practicable, remain available for each respective purpose upon 
turnover.
    2. Threshold Requirements.
    a. All applicants must meet all threshold requirements in Section 
III.C of the 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 HA or any 
contractor, subcontractor, or agent of the PHA. The PHA's 
administrative plan shall state the PHA policies concerning PHA 
administrative and disciplinary remedies for violation of the PHA 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 regard to the vouchers awarded under this NOFA. Reasonable 
steps must include: (a) Identifying non-elderly disabled families on 
its public housing waiting list that will not be housed due to an 
approved or submitted Designated Housing Plan; and (b) Inform 
individuals 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

[[Page 72516]]

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. Applications under this NOFA must also meet the following 
threshold requirements to be eligible for funding under this NOFA.
    (1) Each applicant must have a HUD-approved Designated Housing 
plan. These Designated Housing Plans must be listed on the following 
Web site: https://www.hud.gov/offices/pih/programs/ph/dhp/designated.cfm 
(Click on MS-Excel file).
    (2) 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.
    (3) Each applicant must have achieved points (15 or 20) under the 
Section 8 Management Assessment Program (SEMAP) leasing indicator (24 
CFR 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.
    (4) 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 (such as fair 
housing and/or civil rights violations or findings) 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.
    (5) 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.
    3. Eligible Participants. Non-elderly disabled families that are 
income eligible under 24 CFR 982.201(b)(1) and were on the PHA's public 
housing waiting list at the time of designation may receive a HCV 
awarded under this NOFA. Such families need not be listed on the PHA's 
HCV waiting list in order to be offered a voucher. These families may 
be admitted to the HCV program as special admissions under 24 CFR 
Section 982.203. Additional information on the eligibility requirements 
is located on the following HUD Web site: www.hud.gov/offices/pih/
programs/hcv/pwd/designated.cfm.
    4. Environmental Review. 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 for existing units and for 
units under construction at the time the family enters into the 
contract for sale are categorically excluded from NEPA requirements and 
excluded from other environmental requirements under 24 CFR 58.5 in 
accordance with 24 CFR Section 58.35(b)(5), but PHAs are responsible 
for the environmental requirements in 24 CFR Section 982.626(c). With 
regard to activities under the homeownership option for units not yet 
under construction at the time the family enters into the contract for 
sale, the additional environmental review requirements referenced in 24 
CFR 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 
information to the responsible entity or to HUD to assist in the 
completion of those requirements.

IV. Application and Submission Information

    A. Addresses to Request Application Package. Please read the 2008 
General Section under Section IV.A. for full details on Web sites, 
electronic forms and electronic applicant submission requirements.
    B. Content and Form of Application Submission. Please carefully 
read Section IV. of the 2008 General Section.
    1. Content of Application under this NOFA.
    a. Each PHA must complete the following forms:
    (1) Form HUD-52515, Funding Application, Section 8 Tenant-Based 
Assistance, Rental Certificate Program, Rental Voucher Program.
    (A) When completing this form, only complete the box for total 
dwelling units under vouchers in section B. Do not complete section C.
    (B) In section D of the form, the PHA must include the following 
information related to its HUD-approved Designated Housing Plan:
    (i) The number of vouchers requested, which may not exceed: (a) The 
number of units designated for elderly families only in its approved 
Designated Housing Plan; (b) the number of non-elderly disabled 
families on the PHA's waiting list for those units at the time of 
designation (which must be stated in the application); or (c) 100 
whichever is less;
    (ii) The number of previously awarded vouchers for units designated 
for elderly families only in its approved Designated Housing Plan;
    (iii) The minimum number of vouchers that the PHA will accept if 
selected under a lottery system (See Section V.B.3. below).
    (2) Form SF-424, Application for Federal Assistance. When 
completing this form, the Federal Identifier requested in section 5a is 
the PHA's five digit number (e.g., MD035 or AK002). PHA applicants 
should estimate proposed start date and end date in section 17. In 
Section 18 (Estimated Funding), complete only 18.a and 18.g. The amount 
entered in both fields should be the total number of vouchers requested 
in Section B of the form HUD-52515 times the per housing assistance 
payments unit cost for 2008 HCV renewal funding or the per unit cost 
for 2009 renewal funding, if those costs are available.
    (3) Form HUD-2880, Applicant/Recipient Disclosure/Update Report;

[[Page 72517]]

    (4) Form HUD-2993, Acknowledgment of Application Receipt;
    (5) Form HUD-96011, Third Party Documentation Facsimile 
Transmittal; if applicable for cover letter;
    (6) Form HUD-2991, Certification of Consistency with the 
Consolidated Plan, or a copy of the signed PHA Certification of 
Compliance for its current Annual PHA Plan; and
    (7) SF-LLL, Disclosure of Lobbying Activities, if applicable.
    C. Submission Date and Time. Your completed application must be 
received and validated by Grants.gov no later than 11:59:59 p.m. 
eastern time on the application deadline date.
    D. Intergovernmental Review. This NOFA is not subject to Executive 
Order 12372, Intergovernmental Review of Federal Programs.
    E. Funding Restrictions. Funds under this NOFA may only be used for 
housing assistance for eligible participants and may not be used for 
performance of routine HCV program functions that are reimbursed 
through HCV administrative fees.
    F. Other Submission Requirements. See section IV.F.3. of the 2008 
General Section. Electronic application submission is mandatory unless 
an applicant requests, and is granted, a waiver to the requirement. 
Applicants should submit their waiver requests 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 Phyllis.A.Smelkinson@hud.gov. The 
subject line of the e-mail message should be FY 2008 Designated Housing 
NOFA Waiver Request. If an applicant is granted a waiver, then the 
approval will provide instructions for submitting paper copies to the 
appropriate HUD office(s). All paper applications must be received by 
the application deadline date to meet the requirements for timely 
submission.

V. Application Review Information

    A. Criteria.
    1. Factors Used to Evaluate and Rate Applications. None.

B. Review and Selection Process.

    1. Technically Acceptable Applications. All technically acceptable 
applications that meet the threshold criteria of section III.C.2. above 
will be funded to the extent funds are available.
    a. Funding Priority Categories. None.
    b. Order of Funding. If funding under this NOFA is not available to 
fund all applications received by the NOFA deadline, a lottery will be 
used until all funding is exhausted
    c. Insufficient Funds. Not applicable.
    2. Corrections to Deficient Applications. The 2008 General Section 
provides the procedures for corrections to deficient applications. 
Please note that clarifications or corrections of technical 
deficiencies in accordance with the information provided by HUD to the 
applicant must be submitted within 14 calendar days of the date of 
receipt of the HUD notification.
    3. Unacceptable Applications. After the technical deficiency 
correction period (as provided in the 2008 General Section), the HUD 
Grants Management Center (GMC) will disapprove PHA applications that it 
determines are not acceptable for processing. Applications from PHAs 
that fall into any of the following categories are ineligible for 
funding under this NOFA and will not be processed:
    a. Any PHA that does not meet the threshold requirements of the 
2008 General Section.
    b. Any PHA that does not meet the threshold requirements of Section 
III.C.
    c. A PHA's whose application does not comply with the requirements 
of this NOFA after the expiration of the 14-calendar day technical 
deficiency correction period.
    d. A PHA whose application was submitted after the application due 
date.
    e. A PHA whose application was not submitted to the official place 
of receipt.
    C. Anticipated Announcement and Award Dates. It is anticipated that 
award announcements will take place during 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 Annual Contributions Contract of the applicant PHA.
    Unsuccessful applicants will receive a notification of rejection 
letter from the GMC that will state the basis for the decision. The 
applicant may request an applicant debriefing. Beginning not less than 
30 days after the awards for assistance are announced publicly, upon 
receiving a written request, HUD will provide a debriefing to the 
requesting applicant. (See the 2008 General Section for additional 
information regarding a debriefing.) Applicants requesting to be 
debriefed must send a written request to: Keia Neal, Acting Director, 
Grants Management Center, U.S. Department of Housing and Urban 
Development, 501 School Street, SW., Suite 800, Washington, DC 20024.
    B. Administrative and National Policy Requirements.
    1. 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: 
(1) Increasing homeownership opportunities, and (2) promoting decent, 
affordable housing by expanding access to these opportunities for non-
elderly persons with disabilities. 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.
    2. 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 with disabilities.
    C. Reporting. 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 ``PHDES'' 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. HUD's assessment of PHA compliance 
under this NOFA will be based on PIC system data.

VII. Agency Contacts

    A. For Technical Assistance. For answers to your questions, you may 
contact the Public and Indian Housing Resource Center at 1-800-955-
2232. Persons with hearing or speech impairments may access this number 
via TTY (text telephone) by calling the Federal Information Relay 
Service at 1-800-877-8339. (These are toll-free numbers.) Prior to the 
application deadline, staff at the numbers given above, will be 
available to provide general guidance, but not guidance in actually 
preparing the application. Following selection, but prior to award, HUD 
staff will be available to assist in clarifying or confirming 
information that is a prerequisite to the offer of an award by HUD.

VIII. Other Information

    A. Paperwork Reduction Act. The information collection requirements 
contained in this document have been approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA) of 
1995 (44 U.S.C. 3501-3520) and assigned OMB control numbers 2577-0169 
and 2577-0083. In

[[Page 72518]]

accordance with the PRA, 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 control number.
    B. Public Access, Documentation, and Disclosure. See Section VIII. 
G. of the 2008 General Section.
    C. Environmental Impact. This NOFA provides funding under, and does 
not alter the environmental requirements of 24 CFR part 982. 
Accordingly, under 24 CFR 50.19(c)(5), the NOFA is categorically 
excluded from environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321). For environmental review of 
activities funded under this NOFA, see requirements described in 
section III.C.4 above.

    Dated: November 18, 2008.
Paula O. Blunt,
General Deputy Assistant Secretary for Public and Indian Housing.
[FR Doc. E8-28234 Filed 11-26-08; 8:45 am]
BILLING CODE 4210-67-P
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