Proposed Notice of Funding Availability (NOFA) for HUD's Fiscal Year (FY) 2009 Rental Assistance for Non-Elderly Persons With Disabilities; Request for Comments, 29504-29510 [E9-14651]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Pages 29504-29510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14651]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5332-N-01]


Proposed Notice of Funding Availability (NOFA) for HUD's Fiscal 
Year (FY) 2009 Rental Assistance for Non-Elderly Persons With 
Disabilities; Request for Comments

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

ACTION: Proposed notice of HUD's Fiscal Year 2009 Notice of Funding 
Availability (NOFA) for Rental Assistance for Non-Elderly Persons with 
Disabilities and request for comments.

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SUMMARY: The Omnibus Appropriations Act, 2009 (Pub. L. 111-8) makes 
available $30 million for incremental Section 8 Housing Choice Vouchers 
(HCV) for non-elderly disabled families served by entities (which this 
NOFA will limit to public housing agencies (PHAs)) with demonstrated 
experience and resources for supportive services). This money should 
fund approximately 4,000 HCVs. Approximately 25 percent ($7,500,000 and 
1,000 HCVs) will be made available for non-elderly families 
transitioning out of nursing homes and other institutions into the 
community. To permit the Department to better design the distribution 
of this assistance, particularly as it relates to transitioning non-
elderly disabled families out of nursing homes and other institutions 
and the NOFA's tie-in to the Money Follows the Person (MFP) 
Demonstration administered by the Department of Health and Human 
Services, HUD is soliciting public comment. Comments addressing the 
threshold factors used to distribute this assistance and whether HUD 
should establish a more performance-based method for distributing 
vouchers, and how the State institutional transition programs such as 
the MFP Demonstration can work effectively with the PHAs that are 
awarded vouchers for this purpose are also welcome. All comments will 
be considered during the development of the final NOFA published by 
HUD.

DATES: Comment Due Date: July 13, 2009.

ADDRESSES: Interested persons are invited to submit comments to the 
U.S. Department of Housing and Urban Development, Office of Public and 
Indian Housing, Housing Voucher Management and Operations Division, 451 
7th Street, SW., Room 4210, Washington, DC 20410, ATTN: Phyllis 
Smelkinson. Individuals interested in submitting comments 
electronically may forward them by e-mail to NEDVoucherNOFA@hud.gov. 
All comments must refer to the above docket number and title. Facsimile 
(FAX) comments will not be accepted.

FOR FURTHER INFORMATION CONTACT: Questions regarding specific HCV 
program requirements should be directed to Phyllis Smelkinson by phone 
at (202) 402-4138 or by e-mail at Phyllis.A.Smelkinson@hud.gov 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.

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.
    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 Receipt Requirements and Date: HUD is not currently 
accepting applications for this assistance. HUD will require applicants 
to submit applications electronically through Grants.gov. Please see 
the Notice of HUD's Fiscal Year (FY) 2009 Notice of Funding 
Availability (NOFA); Policy Requirements and General Section to HUD's 
FY 2009 NOFAs for Discretionary Programs (General Section) published in 
the Federal Register on December 29, 2008 (73 FR 79548), for 
information on the Grants.gov registration process. All applicants must 
have a DUN and Bradstreet Universal Numbering System (DUNS) number, 
have a current registration in the Central Contractor Registration 
(CCR), and be registered with Grants.gov to submit an application 
electronically. All applicants regardless of submission through 
Grants.gov or in paper format must have a DUNS number and be registered 
in CCR to receive an award of funds from HUD. See the General Section 
for further details.
    2. Estimated Grant Award Date. The estimated award date will be 
included in the final NOFA published by HUD.
    G. Additional Important Overview Information:
    1. Approximately $22,500,000 that will support about 3,000 HCVs 
under this NOFA will enable non-elderly disabled families on a PHA's 
waiting list to access affordable housing (Category 1). Approximately 
$7,500,000 that will support about 1,000 HCVs under this NOFA will 
enable non-elderly persons with disabilities to transition from nursing 
homes and other health care institutions into the community (Category 
2). Individuals in Category 2 must be admitted from the PHA's waiting 
list and assisted through a preference as stated in the PHA's 
Administrative Plan for transitioning persons from institutions. Any 
non-elderly disabled family or individual on the PHA waiting list is 
eligible for a Category 1 voucher, however, HUD encourages PHAs to 
consider establishing a selection preference to make some or all of its 
Category 1

[[Page 29505]]

allocation available to disabled families or individuals that without 
housing assistance, are at risk of institutionalization.
    2. Application materials. The FY2009 General Section and Notice of 
Funding Availability (NOFA) and application materials will be available 
for download via the Federal portal https://www.grants.gov at https://www.grants.gov/applicants/apply_for_grants.jsp.

Full Text of Announcement

I. Funding Opportunity Description

A. Available Funds

    This NOFA announces the availability of $30 million in one-year 
budget authority for HCVs for non-elderly disabled families which 
should fund approximately 4,000 vouchers. Of that amount, $22,500,000 
will be allocated for non-elderly disabled families on the PHA's 
waiting list and up to $7,500,000 will be allocated for non-elderly 
disabled families transitioning from nursing homes and other 
institutions into the community. Any funds remaining unobligated under 
HUD's FY 2008 NOFAs entitled ``Rental Assistance for Non-Elderly 
Persons with Disabilities in Support of Designated Housing Plans 
(Designated Housing)'' (November 28, 2008, 73 FR 72513) or ``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)'' (November 28, 
2008, 73 FR 72507) will also be made available under this NOFA under 
Category 1. (Pursuant to the Consolidated Appropriations Act, 2008, any 
funds still remaining unobligated under the aforementioned NOFAs will 
be available for other non-elderly disabled families through a 
subsequent NOFA. Based on that authority, if there are any funds still 
remaining unobligated under those NOFAs, that funding will be assigned 
to Category 1 under this NOFA.)

B. Purpose of This Program

    HCVs under this NOFA will enable non-elderly disabled families to 
access affordable housing.

C. Legal Authority

    See SUMMARY section above.

D. Definitions of Terms

    The following definitions apply to funding available under this 
NOFA.
1. 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.
2. 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.
3. Person With Disabilities
    See definition under 24 CFR 5.403.
4. Nursing Homes and/or Other Institutions
    This definition includes intermediate care facilities and 
specialized institutions that care for the mentally retarded, 
developmentally disabled or mentally ill, but excludes board and care 
facilities (e.g. adult homes, adult day care, adult congregate living). 
For full definitions of these eligible facilities, please reference 
Chapter 2 of Handbook 4600.1 REV-1: Section 232 Mortgage Insurance for 
Residential Care Facilities.

II. Award Information

A. HCV Funding Process

    For each category, HUD will only fund one application per PHA under 
this announcement. This one-application-per-PHA limit under each 
category applies regardless of whether or not the PHA is a State or 
regional PHA. A PHA may submit an application for funding under 
Category 1 and an application for funding under Category 2.
1. Maximum Voucher Request
    A PHA may apply for a total of 10 percent of its HCV authorized 
baseline units or 200 vouchers, whichever is less. The PHA may apply 
for both categories under this NOFA, but may not exceed the maximum 
voucher request. A separate application must be submitted for each 
category. For Category 2, the number of vouchers requested by the PHA 
may not exceed the number of vouchers that the partnering resource 
agency is projecting will be needed to assist transitioning individuals 
over a 12-month period (see section IV.B.2.f. of this NOFA).
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 2009 
renewal funding or 2010 renewal funding, depending on the most recently 
available data. 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. 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. The Omnibus Appropriations Act of 2009 states that 
assistance made available under this section of the Act shall continue 
to remain available for non-elderly families upon turnover. Therefore, 
upon turnover, these vouchers (both Category 1 and Category 2, as 
defined below, must be made available only to non-elderly disabled 
families on the PHA's waiting list. Note that a Category 2 voucher does 
not necessarily have to be issued to another Category 2 family upon 
turnover, but must be re-issued to a non-elderly disabled family.
2. Threshold Requirements
    a. All applicants must meet all threshold requirements provided in 
Section III.C of the General Section except for Section III.C.2.d and 
Section III.C.4.b., where the requirements under this NOFA are 
applicable as follows:
    (1) Section III.C.2.d. (Conducting Business in Accordance with Core

[[Page 29506]]

Values and Ethical Standards). To reflect core values, all applicant 
PHAs awarded under this NOFA 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. (Affirmatively Furthering Fair Housing). 
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 informing affected applicants on how to 
file a fair housing complaint including the provision of the toll free 
number for the Housing Discrimination Hotline: 1-800-669-9777 and the 
Federal Information Relay Service at (800) 887-8339.
    Further, an applicant must comply with the affirmatively furthering 
fair housing requirements of 24 CFR Section 903.7(o) by: (a) Examining 
its programs or proposed programs; (b) identifying any impediments to 
fair housing choice within those programs; (c) addressing those 
impediments in a reasonable fashion in view of the resources available; 
(d) working with local jurisdictions to implement any of the 
jurisdiction's initiatives to affirmatively further fair housing that 
require the PHA's involvement; and (e) 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: (f) 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; (g) 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; (h) 
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; (i) Provide housing search 
assistance; (j) In accordance with rent reasonableness requirements, 
approve higher rents to owners that provide accessible units with 
structural modifications for persons with disabilities; and (k) 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 of 95 
percent 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. MTW agencies must meet a reporting requirement of 85 
percent, consistent with existing MTW reporting requirements.
    (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 or in the process of being resolved (as determined by the 
local field office) 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.
    (5) The PHA must demonstrate experience and resources for 
supportive services (See Section IV.B.e. and Section IV.B.f.).
3. Eligible Participants
    Non-elderly disabled families that are income eligible under 24 CFR 
982.201(b)(1).
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 Section 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 Sections 982.628(e), 982.631(c)(3) and 982.637(b) also apply in 
addition to Section 982.626(c), and the PHA shall submit all relevant 
environmental information to the responsible entity or to HUD to assist 
in the completion of those requirements.

IV. Application and Timely Receipt Information

    HUD is not currently accepting applications. The information 
presented in this Section IV is offered to provide individuals 
interested in submitting public comment to consider HUD's proposed 
application procedures.

A. Addresses to Request Application Package

    This section describes how the applicant may obtain application 
forms, additional information about the

[[Page 29507]]

General Section, and how to obtain technical assistance.
    1. Copies of this published NOFA and related application forms may 
be downloaded from the Grants.gov Web site at https://www07.grants.gov/applicants/apply_for_grants.jsp. If the applicant has difficulty 
accessing the information, it may receive customer support from 
Grants.gov by calling the help line at (800) 518-GRANTS ((800) 518-
4726) or by sending an e-mail to support@grants.gov. The operators will 
assist the applicant in accessing the information. If the applicant 
does not have Internet access and need to obtain a copy of this NOFA, 
it can contact HUD's NOFA Information Center toll-free at (800) HUD-
8929. Persons with hearing or speech impairments may call the Federal 
Information Relay Service at (800) 877-8339.

B. Content of Application Under This NOFA

    Each PHA must complete the following forms:
    1. Form SF-424, Application for Federal Assistance. Every 
application must contain a SF-424 as the cover page to the application. 
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 housing 
assistance payments per unit cost for 2009 HCV renewal funding or 2010 
HCV renewal funding, depending on the most recent available data.
    2. Form HUD-52515, Funding Application, Section 8 Tenant-Based 
Assistance, Rental Certificate Program, Rental Voucher Program. A 
separate application must be submitted for Category 1 and Category 2 if 
the PHA wants to request HCVs under both categories. When completing 
this form, only complete the box for total dwelling units under 
vouchers in section B. Do not complete sections A or C. In section D of 
the form, the PHA applicant must provide the following information:
    a. The category of funding (Category 1 or Category 2).
    b. The number of authorized baseline HCV units.
    c. The number of HCVs requested.
    d. The minimum number of vouchers the PHA is willing to accept 
under this category if selected under a lottery system.
    e. To demonstrate PHA experience:
    (1) At least 20 percent of the PHA's HCVs are used by non-elderly 
disabled families as reflected in PIC for the end of the month prior to 
the submission date; or
    (2) The PHA has a preference on its waiting list for non-elderly 
disabled families as recorded in its administrative plan as documented 
by that section of the administrative plan attached to the application; 
or
    (3) The PHA has been previously funded for one of the following 
special purpose voucher allocations: Rental Assistance for Non-Elderly 
Persons with Disabilities in Support of Designated Housing Plans; 
Rental Assistance for Non-Elderly Persons with Disabilities Related to 
Certain Types of Section 8 Project-Based Developments; Mainstream 
Housing Opportunities for Persons with Disabilities and the Project 
Access Pilot Program.
    f. To demonstrate that the applicant PHA has resources for 
supportive services for non-elderly disabled families, the applicant 
PHA must describe those resources in full detail in this section. In 
addition, for Category 2, the PHA must identify the partnering resource 
agency and describe the provision of supportive services for a 
transitioned person. The PHA must also specify the number of vouchers 
that the partnering resource agency is projecting will be needed to 
assist transitioning individuals over a 12-month period. The number of 
vouchers requested by the PHA under Category 2 may not exceed this 
number.
    Supportive services for Category 2 vouchers must include the 
provision of care/case management, in addition to the needed health and 
social services. These services are usually funded through the State 
Medicaid program and provided by local home care agencies. In 29 States 
and the District of Columbia, the Medicaid programs have been awarded 
demonstration funds from the U.S. Department of Health and Human 
Services (HHS) to provide the needed supportive services a transitioned 
person needs to live safely and as independently as possible in the 
community (the Money follows the Person (MFP) demonstration). For a 
person who is transitioning under this demonstration, the contact 
partnering resource agency is the MFP program within the State Medicaid 
program. More information on MFP can be found at https://www.cms.hhs.gov/DeficitReductionAct/20_MFP.asp. All persons that are 
transitioning as a MFP participant are guaranteed to receive the needed 
health and social services. Therefore, the only resource documentation 
that is needed in these instances is evidence of MFP participation by 
the partnering resource agency.
    For PHAs located in States not participating in the MFP 
demonstration, the PHA should contact the State Medicaid Program to 
determine if similar supportive services and individual referrals will 
be made available for these Category 2 vouchers. A PHA that is not 
located in a State participating in the MFP demonstration must describe 
the resources that will be made available to the transitioning 
individual by the partnering resource agency if the PHA is applying for 
voucher funding under Category 2.
    During the 60-day preparation period for submission of this NOFA, 
HUD in collaboration with the U.S. Department of Health and Human 
Services will provide information, outreach and technical assistance to 
PHAs interested in applying for Category 2 vouchers.
    3. Form HUD-2880, Applicant/Recipient Disclosure/Update Report;
    4. Form HUD-2993, Acknowledgment of Application Receipt only 
required if paper application;
    5. 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
    6. SF-LLL, Disclosure of Lobbying Activities, if applicable.
    7. You Are Our Client Grant Application Survey (HUD-2994-A) 
(Optional); and
    8. HUD Facsimile Transmittal (HUD-96011, Third Party Documentation 
Facsimile Transmittal).

C. Receipt Instructions

    Applications under this NOFA must be received electronically 
through the Federal Web site Grants.gov, unless a waiver of this 
requirement is granted in accordance with the instructions below. The 
procedures for electronic submission of applications published in HUD's 
General Section on December 29, 2008 (73 FR 79548) including the 
provisions at Section IV.C., entitled ``Receipt Dates and Times,'' 
removed by HUD's Amendment to the General Section published on April 
16, 2009 (74 FR 17685) are reinstated and apply to this NOFA. 
Applicants must follow the instructions on the December 29, 2008 
General Section, unless a waiver for cause in accordance with HUD's 
waiver policy of 24 CFR 5.1005, to the electronic application 
requirements is approved by HUD. Applicants requesting a waiver should 
submit their waiver requests in writing using e-mail or fax. Waiver 
requests must be submitted no later than 15 days prior to

[[Page 29508]]

the application deadline date and must be submitted in writing or by e-
mail to Phyllis A. Smelkinson, Housing Program Specialist, Housing 
Voucher Management, Office of Public and Indian Housing, U.S. 
Department of Housing and Urban Development, 451 7th Street, SW., 
Washington, DC 20410. You can e-mail requests to Ms. Smelkinson at 
Phyllis.A.Smelkinson@hud.gov. The subject line of the e-mail message 
should be (insert applicant name) FY09 Rental Assistance for Non-
Elderly Persons with Disabilities Waiver Request. If an applicant is 
granted a waiver, then the approval will provide instructions for 
submitting paper copies to the appropriate HUD office. All paper 
applications must be received by the application deadline date to meet 
the requirements for timely receipt.
    Paper applications will not be accepted from applicants that have 
not been granted a waiver. If an applicant is granted a waiver, the 
approval notice will provide instructions for submission. All 
applications in paper format must have received a waiver to the 
electronic application requirement and the application must be received 
by HUD on or before the application deadline date.
    1. The application deadline for receipt of HUD applications via 
Grants.gov is 11:59:59 p.m. on XXXX, 2009. Applications must be 
received by Grants.gov by the deadline in order to meet the program 
deadline. Received means that the application has been successfully 
uploaded to the Grants.gov server and the applicant has received 
confirmation of successful submission to Grants.gov. Applicants should 
be aware that hitting the ``sign and submit'' button to transmit the 
application does not mean the application has been successfully 
uploaded to Grants.gov. Only when the upload is complete is the 
application date and time stamped by the Grants.gov system. An 
application that has been rejected by Grants.gov is not deemed to have 
been received by Grants.gov. (Please see Section D.1. of the General 
Section for a detailed explanation of Timely Receipt Requirements and 
Proof of Timely Receipt.) As in the past, HUD encourages applicants to 
submit their applications early and with sufficient time to address any 
issues that might affect the applicant's ability to have an application 
successfully uploaded and received by Grants.gov.
    In FY 2009, HUD is establishing a one-day grace period from the 
date of notification of a rejection from Grants.gov, to allow 
applicants that successfully upload an application to Grants.gov prior 
to the deadline date and time, but receive a rejection notice after the 
deadline date and time, to cure the reason for rejection and re-upload 
the application to Grants.gov. The paragraphs below describe HUD's 
Grace Period Policy for FY2009.
    a. Applicants that have successfully uploaded their application to 
Grants.gov prior to the deadline, and subsequently receive a rejection 
notice from Grants.gov after the deadline date and time, will have a 
one-day grace period from the date stamp on the first Grants.gov 
rejection notice after the deadline, to cure the basis for the 
rejection and upload an application that corrects the problems cited in 
the rejection notice. Applicants can upload the application as many 
times as needed to cure noted deficiencies within the one-day grace 
period. The Grants.gov rejection notice identifies the reasons why the 
application was rejected. Applicants that do not understand the error 
messages received in the rejection notice should immediately contact 
the Grants.gov Help Desk so they can get assistance in clearing the 
problem. Generally, Grants.gov will reject an application because it 
contains an incorrect DUNS number or a DUNS number that does not match 
the AOR's registration, the application was submitted by an individual 
without proper authorization as the AOR, and/or the application 
contains file names that trigger a ``VirusDetect'' message. The grace 
period ends one day after the date stamp on the first rejection notice 
received after the deadline date.
    Warning: Applications that contain file names which are longer than 
50 characters (HUD recommends using file names with 32 characters or 
less), or contain spaces or special characters, will result in the file 
being detected as a virus by the Grants.gov system and the application 
will be rejected with a ``VirusDetect'' message. In FY2008, the use of 
spaces and special characters in file names, and the use of file names 
which were longer than fifty characters, resulted in the most instances 
of an applicant receiving a ``VirusDetect'' rejection. Applicants 
should also scan files for viruses because the Grants.gov system will 
also reject files with viruses.
    Applications received by Grants.gov, including those received 
during the grace period, must be validated by Grants.gov to be rated or 
ranked or receive funding consideration by HUD. HUD will use the date 
and time stamp on the Grants.gov system to determine dates when the 
grace period begins and ends.
    b. Applications uploaded to Grants.gov after the deadline date 
under the following circumstances do not qualify for the grace period 
and will not be considered for funding:
    (1) Applications uploaded and received by Grants.gov after the 
deadline date and time for which there is no prior rejection notice in 
the Grants.gov system logs will be considered late and will not be 
rated and ranked or receive funding consideration. Failure to 
successfully upload the application to Grants.gov by the deadline date 
and time does not qualify for the grace period as described above.
    (2) Applications receiving a rejection notice due to the funding 
opportunity being closed will not be provided the one day grace period 
to correct the ``opportunity closed'' deficiency or any other basis for 
rejection because the applicant missed the deadline date and time and 
therefore does not qualify for the grace period as described above.
    (3) If an application is uploaded during the grace period and is 
subsequently rejected after the grace period ends, the applicant will 
not be afforded additional time to correct the deficiency(ies) noted in 
the rejection notice.
    c. The grace period ends at 11:59:59 p.m. one day from the date 
stamp on the first rejection notice issued by the Grants.gov system to 
the e-mail address provided in the Grants.gov registration. Applicants 
must ensure that their e-mail notification address contained in the 
Grants.gov registration is up-to-date. Neither HUD nor Grants.gov will 
be responsible if e-mail messages are not received at the address 
listed in the registration process. Applicants must also ensure that 
their e-mail systems will accept messages from Grants.gov. Applicants 
are responsible for monitoring their e-mail messages. Messages from 
Grants.gov come from Support@grants.gov.
    d. The only exceptions to HUD's grace period policy are:
    (1) The Grants.gov system is down and not available to applicants 
for at least 24 hours prior to the deadline date, or the system is down 
for 24 hours or longer, impacting the ability of applicants to cure a 
submission deficiency within the grace period; and/or
    (2) There is a presidentially declared disaster in the applicant's 
area. In the event of either or both of these events, HUD will publish 
a notice extending the deadline or cure period, for applicants 
affected, as appropriate.
    e. Busy servers or slow processing are not the basis for HUD to 
extend the deadline dates or the grace period.

[[Page 29509]]

    Applicants are advised to monitor the Grants.gov system using the 
Grants.gov blog at https://grants-gov.blogspot.com/. The Grants.gov blog 
provides information on server capacity, traffic on the Grants.gov 
site, and other Federal grant closings each day. Applicants should 
monitor the site and take into account the amount of traffic on the 
site when applying.
    2. An applicant will not be provided additional opportunities to 
correct rejection errors if an application is rejected after the one-
day grace period has expired.
    As with any electronic system, applicants may experience issues 
when attempting to submit their application which does not permit the 
uploading of the application to Grants.gov. Such issues can be due to 
firewall and virus protection software that the applicant has placed on 
their system or network; proxy and cache settings; Internet traffic; 
limitation on the size of the files attempting to be transmitted 
established at the applicant's site or by the applicant's Internet 
provider; Grants.gov servers experiencing busy traffic; or any number 
of issues. Therefore, HUD strongly advises applicants to submit their 
applications at least 48 hours prior to the deadline and when the 
Grants.gov Help Desk is open so that assistance can be provided. 
Assistance may require diagnosing an applicant's particular issues. An 
applicant that does not follow HUD's advice increases the applicant's 
risk of not being able to meet the timely receipt requirements. A 
submission attempt less than the recommended 48 hours before the 
deadline does not allow the time needed to research the reason for the 
problem or to work with the applicant in overcoming the uploading 
difficulty. Similarly, attempting to submit within 24 hours of the 
deadline or when the Grants.gov Help Desk is closed does not allow the 
time needed for Grants.gov or HUD to provide the needed assistance. In 
addition, HUD staff cannot provide assistance or contact Grants.gov on 
your behalf after the Help Desk is closed. HUD strongly encourages 
applicants to carefully read the December 29, 2008 General Section for 
additional information regarding the Grants.gov registration process, 
submitting an application through Grants.gov, and timely receipt 
instructions. HUD also encourages applicants to submit their 
applications early with sufficient time to address issues that might 
prevent their applications from being received by Grants.gov.
    Applicants should also note that Adobe has put out new versions of 
Adobe Reader compatible with Grants.gov. These versions are 8.1.5 and 
9.1.1. Applicants must use the latest versions of the Adobe Reader 
compatible with Grants.gov, which are Adobe Reader 8.1.5 or 9.1.1.

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.

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 in each category, a lottery 
will be used until all funding is exhausted. If funding remains in 
either category, it will be used to fund the other category in lottery 
order.
    c. Insufficient Funds
    Not applicable.
2. Corrections to Deficient Applications
    The Grants Management Center (GMC) may contact an applicant to 
clarify an item in its application or to correct a curable technical 
deficiency. 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 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.2. of this NOFA.
    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 received at grants.gov after the 
application deadline date; or
    e. A PHA whose paper application that was approved for a waiver of 
the electronic application requirement was not received at the official 
place of receipt.

VI. Award Administration Information

A. Award Notices

    Successful applicants in each category 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 at the e-mail address in Overview, Section F.

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.

C. Reporting

    Successful applicants (including MTW agencies) must report the 
usage of

[[Page 29510]]

voucher funds under this NOFA through required submissions of the form 
HUD-50058, Family Report. PHAs must enter the program code ``NED'' on 
line 2n of the HUD-50058 for non-elderly families served under this 
NOFA and ``NHT'' for those non-elderly families transitioning from 
nursing homes and other institutions into the community. PHAs must 
maintain these codes 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

    See FOR FURTHER INFORMATION CONTACT above or 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.

B. Technical Corrections to the NOFA

    Technical corrections to this NOFA will be published in the Federal 
Register which the applicant is responsible for monitoring.

VIII. Other Information

A. References

    The following 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 Section 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: June 17, 2009.
Paula O. Blunt,
General Deputy Assistant, Secretary for Public and Indian Housing.
[FR Doc. E9-14651 Filed 6-19-09; 8:45 am]
BILLING CODE 4210-67-P