Notice of Funding Availability (NOFA) for Rental Assistance for Non-Elderly Persons With Disabilities Related to Certain Types of Section 8 Project-Based Developments and Sections 202, 221(d)(3), and 236 Developments (Certain Developments), 72507-72513 [E8-28237]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Notices]
[Pages 72507-72513]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28237]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5229-N-01]


Notice of Funding Availability (NOFA) for Rental Assistance for 
Non-Elderly Persons With Disabilities Related to Certain Types of 
Section 8 Project-Based Developments and Sections 202, 221(d)(3), and 
236 Developments (Certain Developments)

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

ACTION: Notice of Funding Availability for Fiscal Year (FY) 2008 Rental 
Assistance for Non-Elderly Persons With Disabilities Related to Certain 
Types of Section 8 Project-Based Developments and Sections 202, 
221(d)(3) and 236 Developments (Certain Developments).

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[[Page 72508]]

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 in support of Certain Developments 
that provide preferences for, or restrict occupancy to, certain units 
for occupancy for elderly families only. 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:
    HUD is making available approximately $15 million in one-year 
budget authority for Housing Choice Vouchers (HCVs) for non-elderly 
disabled families in support of Certain Developments noted above that 
provide preferences for, or restrict occupancy to, certain units for 
occupancy by elderly families only. This funding is expected to provide 
assistance for approximately 2,000 non-elderly disabled families.
    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. This requirement for all applicants was 
not in place at the time of the last NOFA published for Rental 
Assistance for Non-Elderly Persons with Disabilities Related to Certain 
Developments in 2002. Accordingly, 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 you write your application, but can clarify 
requirements that are contained in the General Section to the 
SuperNOFA, this NOFA, 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 General Section to the SuperNOFA included in the 
instructions download materials on 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 are posted to Grants.gov as soon as 
HUD finalizes them. HUD encourages applicants to subscribe to the 
Grants.gov free notification service. By doing so, applicants will 
receive an e-mail notification as soon as items are posted to the Web 
site. The address to subscribe to this service is https://
www.grants.gov/search/email.do. By joining the notification service, if 
a modification is made to the NOFA, applicants will receive an e-mail 
notification that a change has been made.
    HUD encourages applicants to carefully read the 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 Related to Certain Types of Section 8 
Project-Based Developments and Sections 202, 221(d)(3) and 236 
Developments (Certain Developments).
    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. eastern time on the 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 Grant Award Date. The estimated award date will be 
June or July 2009.
    G. Additional Important Overview Information:
    1. This NOFA announces the availability of approximately $15 
million in one-year budget authority for HCVs for non-elderly disabled 
families in support of Certain Developments that provide preferences 
for, or restrict occupancy to, certain units for occupancy by elderly 
families only. Funding made available under the HCV program through 
this NOFA will enable public housing agencies (PHA) to provide vouchers 
to approximately 2,000 non-elderly disabled families who are not 
currently receiving housing assistance in certain Section 8 project-
based developments due to the owner's establishment of preferences for 
the admission of elderly families, or in certain types of Section 202, 
Section 221(d)(3), or Section 236 developments where the owner is 
restricting occupancy in the developments (or portions thereof) to 
elderly families. The vouchers will enable non-elderly disabled 
families affected by these actions to access affordable housing.
    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

[[Page 72509]]

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 are not currently receiving housing 
assistance in certain Section 8 project-based developments due to the 
owner's establishment of preferences for the admission of elderly 
families, or in certain types of Section 202, Section 221(d)(3), or 
Section 236 developments where the owner is restricting occupancy in 
the developments (or portions thereof) to elderly families, access 
affordable housing.
    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 establishment of preferences in accordance with section 651 of 
the Housing and Community Development Act of 1992 (42 U.S.C. 13611) or 
the restriction of occupancy to elderly families in accordance with 
section 658 of such Act (42 U.S.C. 13618).
    D. Definitions of Terms. The following definitions apply to funding 
available under this NOFA.
    1. Section 651 of the Housing and Community Development Act (HCDA) 
of 1992 (42 U.S.C. 13611). This section refers to section 659 of the 
HCDA of 1992 which states that ``covered section 8 housing'' means 
housing described in section 683(2)(G) that was originally designed for 
occupancy by elderly families. Section 683(2)(G) of the HCDA of 1992 
describes such housing as that constructed or substantially 
rehabilitated pursuant to assistance provided under section 8(b)(2) of 
the USHA of 1937, as in effect before October 1, 1983, that is assisted 
under a contract for assistance under such section. Section 651 of the 
HCDA of 1992 allowed owners of the following covered Section 8 project-
based developments to provide preferences to elderly families in 
selecting tenants for available assisted units in those projects:
    a. Section 8 New Construction Program, 24 CFR part 880;
    b. Section 8 Substantial Rehabilitation Program, 24 CFR part 881;
    c. State Housing Agencies Program (insofar as involving new 
construction and substantial rehabilitation), 24 CFR part 883;
    d. New Construction Set-Aside for Section 515 Rural Rental Housing 
Projects Program, 24 CFR part 884; and
    e. Section 8 Housing Assistance Program for the Disposition of HUD-
Owned Projects (insofar as involving substantial rehabilitation), 24 
CFR part 886, subpart C.
    2. Section 658 of the Housing and Community Development Act of 1992 
(42 U.S.C. 13618). This section provides that an owner of a Federally 
assisted project (or portion thereof) that was designed for occupancy 
for elderly families may continue to restrict occupancy in such project 
(or portion) to elderly families in accordance with the rules, 
standards, and agreements governing occupancy in such housing in effect 
at the time of the development of the housing. The three types of 
assisted housing developments covered by Section 658 are as follows:
    a. Housing assisted under section 202 of the Housing Act of 1959 
(12 U.S.C. 1701q), as such section existed before the enactment of the 
National Affordable Housing Act (Pub. L. 101-625, 104 Stat. 4079, 
approved November 28, 1990) (NAHA);
    b. Housing financed by a loan or mortgage insured under section 
221(d)(3) of the National Housing Act (12 U.S.C. 1701 et seq.) that 
bears an interest rate determined under section 221(d)(5) of the 
National Housing Act; and
    c. Housing insured, assisted or held by the Secretary or a State or 
State Agency under section 236 of the National Housing Act.
    3. 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.
    4. 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.
    5. 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 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 Certain Developments that provide preferences 
for, or restrict occupancy to, certain units for occupancy by elderly 
families only. This funding is expected to provide

[[Page 72510]]

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 in Support of 
Designated Housing Plans (Designated Housing) for which there are 
insufficient funds. Conversely, any funds remaining unobligated after 
funding approvable applications under the Designated Housing 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 
Designated Housing NOFA will be 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 preferences for, or 
restricted occupancy to, a project/building (or portion thereof) for 
elderly families only. PHAs are limited to applying for no more than 
the number of these restricted units for one or more Certain 
Development projects 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 for 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 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 and contacting all non-elderly disabled families 
that were affected by the preferences, or restricted occupancy, to 
certain units in Certain Developments for occupancy by elderly families 
only; and
    (b) Informing 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 disabilities: (1) Where requested by an individual, 
assist program applicants and participants 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

[[Page 72511]]

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 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.
    (2) 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.
    (3) 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.
    (4) 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 waiting list 
for a unit when the Certain Development provided preferences for or 
restricted occupancy to certain units 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.
    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 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 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 
Sec.  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 
General Section under Section IV.A. for full details on Web sites, 
electronic forms, and electronic applicant submission requirements.
    1. Web site. A copy of this funding announcement for Certain 
Developments under the HCV program may be downloaded from the following 
Web site: https://www.Grants.gov/applicants/apply_for_grants.jsp.
    2. Further Information. When requesting information, please refer 
to the name of the program you are interested in. The NOFA Information 
Center opens for business simultaneously with the publication of the 
SuperNOFA. You can also obtain information on this NOFA when you 
download the instructions from the https://www.Grants.gov Web site 
identified above.
    B. Content and Form of Application Submission. Please carefully 
read Section IV. of the 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 applicant must provide the 
following information for each Certain Development that provided 
preferences for, or restricted occupancy to, certain units for 
occupancy by elderly families only. The PHA may apply for units 
affected in more than one Certain Development:
    (i) The name and identifier of the Certain Development;
    (ii) The month and year the owner of the Certain Development 
provided preferences for, or restricted occupancy to, certain units for 
occupancy by elderly;
    (iii) The number of units affected by the provision of preferences 
or the restricted occupancy;
    (iv) The owner-certified number of non-elderly disabled families on 
the waiting list for the Certain Development at the time of the action 
that restricted occupancy that must correspond to the family data and 
contact information provided to the PHA.
    (v) Any vouchers previously awarded to the PHA related to a prior 
Certain Development NOFA.
    (vi) The minimum number of vouchers that the PHA will accept if 
selected under a lottery system (See Section V.B.3. below).
    In order to obtain the information required above, the PHA must 
contact the Multifamily Housing Division (MHD) in the local HUD field 
office. A MHD representative will provide the names of the Certain 
Developments noted in section I.B.1. and 2. of this NOFA and the number 
of units for which a preference was provided for, or occupancy 
restricted to, elderly families only in each project that are recorded 
in HUD's Real Estate Management System (REMS). Contact information for 
these Certain Developments may be obtained at the following Web site: 
https://www.hud.gov/apps/section8/index.cfm. If the development is not 
listed on this Web site, the MHD representative can provide this 
information. Each

[[Page 72512]]

development owner must be contacted by the PHA for the information 
required above.
    (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 the 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 multiplied by 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;
    (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 
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 FY2008 Certain 
Developments 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 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 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 
General Section;
    b. Any PHA that does not meet the threshold requirements of Section 
III.C;
    c. A PHA 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; or
    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 (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. 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 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 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 ``MFHDES'' 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

[[Page 72513]]

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.

VIII. Other Information

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.

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. E8-28237 Filed 11-26-08; 8:45 am]
BILLING CODE 4210-67-P