[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Notices]
[Page 22759-22776]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap08-159]
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Part VII
Department of Housing and Urban Development
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Notice of Funding Opportunity (NOFA) for Fiscal Year 2007 Demonstration
Program for Elderly Housing for Intergenerational Families
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5170-N-01]
Notice of Funding Opportunity (NOFA) for Fiscal Year 2007
Demonstration Program for Elderly Housing for Intergenerational
Families
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of funding availability (NOFA).
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SUMMARY: Purpose of Program: This funding opportunity is available for
a demonstration program to provide assistance for intergenerational
dwelling units for intergenerational families in connection with the
supportive housing program under Section 202 of the Housing Act of 1959
(12 U.S.C. 1701q). The purpose of the program is to expand the supply
of intergenerational dwelling units for very low-income grandparent(s)
or relative(s) heads of household 62 years of age or older raising a
child.
Overview Information
A. Federal Agency Name: Department of Housing and Urban
Development.
B. Funding Opportunity Title: Demonstration Program for Elderly
Housing for Intergenerational Families.
C. Announcement Type: Initial announcement.
D. Funding Opportunity Number: FR-5170-N-01; the OMB Approval
Number is 2502-0571.
E. Catalog of Federal Domestic Assistance Number: 14.317.
Demonstration Program for Elderly Housing for Intergenerational
Families.
F. Dates: The application deadline is on or before July 2, 2008.
Applications must be received and validated by Grants.gov no later than
11:59:59 p.m. eastern time on the application deadline date. Please be
sure to read the General Section for electronic application submission
and receipt requirements.
G. Optional, Additional Overview Content Information:
1. Purpose of the Program. The purpose of this program is to
provide assistance for a demonstration program to expand the supply of
intergenerational dwelling units for very low-income grandparent(s) or
relative(s) heads of households 62 years of age or older raising a
child who is not more than 18 years of age or not more than 19 years of
age and also attending school. The family must meet the age
requirements to be eligible for an intergenerational dwelling unit.
2. Available Funds. Funding is available for $3.96 million to
develop housing for intergenerational families.
3. Types of Funds. Capital Advance funding is available under this
NOFA to cover the cost of expanding the supply of intergenerational
housing. In addition, Project Rental Assistance Contract (PRAC) funds
are available for Section 202 Capital Advance projects that are funded
under this program to cover the difference between the HUD-approved
operating costs of the project and the tenants' contribution toward
rent (30 percent of their adjusted monthly income). PRAC funds are
available to cover the difference between the HUD-approved operating
costs of the project and the tenants' contribution toward rent (30
percent of their adjusted monthly income) for private nonprofit owners
of Section 202/8 projects for intergenerational dwelling units
provided:
a. Through development of buildings or projects comprised solely of
intergenerational units; or
b. Through the development of an annex or addition to an existing
project assisted under Section 202 of the Housing Act of 1959 (12
U.S.C. 1701q), that contains intergenerational dwelling units,
including through the development of elder cottage housing opportunity
units that are small, freestanding, barrier free, energy efficient,
removable dwelling units located adjacent to a larger project or
dwelling. (Converted units that already receive either Section 8 or
PRAC will not be eligible for PRAC assistance under this NOFA).
4. Eligible Applicants. Only private nonprofit owners of a Section
202 project interested in applying for funding under this program
should carefully review the detailed information listed in this NOFA.
5. Eligible Activities. This program provides funding to private
nonprofit owners of a Section 202 project to use only for expanding the
supply of intergenerational dwelling units.
6. Match Requirements. None required.
Full Text of Announcement
I. Funding Opportunity Description
A. Program Description. This funding opportunity is available for a
demonstration program to provide assistance for intergenerational
dwelling units for intergenerational families in connection with the
supportive housing program under Section 202 of the Housing Act of 1959
(12 U.S.C. 1701q). Repayment of the funding is not required as long as
the housing remains available for occupancy by very low-income
intergenerational families for 40 years in the case of a new building
or annex and 20 years in the case of reconfigured units in an existing
project.
For those projects eligible to receive PRAC funds, the funds are
used to cover the difference between the tenants' contribution toward
rent (30 percent of adjusted income) and the HUD-approved cost to
operate the project. The PRAC funds may also be used to provide
supportive services and to hire a service coordinator in those projects
selected for assistance. The supportive services must be appropriate to
the category or categories of residents to be served.
B. Authority. The Demonstration Program for Elderly Housing for
Intergenerational Families is authorized by Living Equitably:
Grandparents Aiding Children and Youth Act of 2003 or the LEGACY Act of
2003 (Pub. L. 108-186, Title II, Dec. 16, 2003; 117 Stat. 2688). The
Department of Housing and Urban Development Appropriations Act, 2006
(Pub. L. 109-115, approved Nov. 30, 2005) provided $3.96 million for a
Section 202 Demonstration Program for Elderly Intergenerational
Families pursuant to section 203 of Public Law 108-186.
C. Calculation of Fund Reservation. If selected, you will receive a
fund reservation that will consist of:
1. Demonstration Program Funds. The reservation for funds is based
on a formula that takes the development cost limit for the appropriate
building type (elevator, non-elevator, and unit size), multiplies it by
the number of units of each size (including a unit for a resident
manager, if applicable), then multiplies the result by the high-cost
factor for the geographical area. For retrofitting existing units, the
funds will be available for the costs of physical conversion of the
units and related community and service space. The development cost
limits can be found in this NOFA.
2. PRAC Funds. The initial PRAC award covers 3 years. The amount
awarded is determined by multiplying the number of revenue units for
intergenerational families by the appropriate operating cost standard
times three. Note: PRAC funds will only be awarded to those Section 202
Capital Advance projects that are currently eligible to receive PRAC
funds and to Section 202/8 projects for intergenerational dwelling
units provided through development of buildings or projects comprised
solely of intergenerational units or through the development of an
annex or addition to
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an existing project assisted under Section 202 of the Housing Act of
1959 (12 U.S.C. 1701q), that contains intergenerational dwelling units,
including through the development of elder cottage housing opportunity
units that are small, freestanding, barrier free, energy efficient,
removable dwelling units located adjacent to a larger project or
dwelling.
D. Definitions. For purposes of this notice:
1. Covered Family. A family that:
a. includes a child; and
b. has a head of household who is 62 years of age or older who is:
(1) A grandparent of the child who is raising the child; or
(2) a relative of the child who is raising the child.
2. Elderly Person. The term ``elderly person'' is defined as a
household composed of one or more persons, at least one of whom is 62
years of age or older at the time of initial occupancy.
3. Intergenerational family. A covered family that has a head of
household who is an elderly person, as defined above.
4. Intergenerational dwelling unit. A qualified dwelling unit that
is reserved for occupancy only by an intergenerational family.
5. Child. An individual who is not older than 18 years of age or
not older than 19 years of age and also attending school.
6. Grandparent. With respect to a child, an individual who is a
grandparent or step-grandparent of the child by blood or marriage,
regardless of the age of such individual. In the case of a child who
was adopted, the term includes an individual who, by blood or marriage,
is a grandparent or step-grandparent of the child as adopted.
7. Relative. With respect to a child, an individual who is not a
parent of the child by blood or marriage and is a ``relative'' of the
child by blood or marriage regardless of the age of the individual. In
the case of a child who was adopted, the term ``relative'' includes an
individual who, by blood or marriage, is a relative of the family who
adopted the child.
8. Raising a child. With respect to an individual, the individual:
a. Resides with the child; and
b. Is the primary caregiver for the child: (1) Because the
biological or adoptive parents of the child do not reside with the
child or are unable or unwilling to serve as the primary caregiver of
the child; and (2) regardless of whether the grandparent or other
relative has a legal relationship to the child (such as guardianship or
legal custody) or is caring for the child informally and has no such
legal relationship with the child.
9. General Section. HUD's Fiscal Year 2008 Notice of Funding
Availability (NOFA); Policy Requirements and General Section to the
FY2008 SuperNOFA for HUD's Discretionary Programs; Notice, published
March 19, 2008 (73 FR 14882).
II. Award Information
A. Available Funds. The Department of Housing and Urban Development
Appropriations Act, 2006 (Pub. L. 109-115, approved Nov. 30, 2005)
provided $4 million for a Section 202 Demonstration Program for Elderly
Intergenerational Families, pursuant to section 203 of Public Law 108-
186, to expand the supply of intergenerational dwelling units. For
projects eligible to receive PRAC funds, the funds are available to
cover the difference between the tenants' contribution toward rent and
the HUD-approved cost to operate the project. As the result of the
rescission, $3.96 million is available for distribution under this
NOFA.
B. Number of Awards. HUD anticipates awarding two to four project
awards.
C. Amount of Award. The maximum amount of award is $2 million.
D. Type of Assistance Instrument. The Agreement Letter, when fully
executed, stipulates the terms and conditions for the fund reservation
award, as well as the submission requirements following the fund
reservation award. The duration of the fund reservation award for the
funding is 18 months from the date of issuance of the fund reservation.
E. Use Agreement. The applicant must enter into a Use Agreement to
operate the project only as rental housing for very low-income elderly
intergenerational families for not less than 40 years for a new
building or annex and for an additional 20 years for existing units
converted to intergenerational units. If the project is to be located
on a site not subject to an existing mortgage to HUD, a first mortgage
for a term of 40 years will be required. All Use Agreements must be
recorded.
F. Anticipated Start and Completion Date. Immediately upon your
acceptance of the Agreement Letter, you are expected to begin work
toward the submission of a Firm Commitment application, which is the
next application submission stage. You are required to submit a Firm
Commitment Application to HUD Headquarters within 180 days from the
date of the Agreement Letter. Initial closing and start of construction
of the project are expected to be accomplished within the duration of
the fund reservation period, as indicated in the above paragraph
regarding the Type of Assistance Instrument. Final closing is expected
no later than 6 months after completion of the project construction.
III. Eligibility Information
A. Eligible Applicants. Only private nonprofit owners of Section
202 projects may apply for assistance under this NOFA.
B. Cost Sharing or Matching. No cost sharing or matching is
required; however, you are required to provide evidence that you have
sufficient funds available that together with the assistance funds,
will be sufficient for initial closing and project completion.
The owner makes a commitment by signing form HUD-92041, Sponsor's
Conflict of Interest Resolution. The Sponsor will make a commitment by
signing form HUD-92042, Sponsor's Resolution for Commitment to the
Project.
C. Other
1. Eligible Uses of Funds
a. Funds are available only to private nonprofit owners of Section
202 projects to use in expanding the supply of intergenerational
dwelling units. These units must be provided:
(1) By designating and retrofitting, for use as intergenerational
dwelling units, existing dwelling units that are located within a
project assisted under Section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
(2) Through development of buildings or projects comprised solely
of intergenerational dwelling units; or
(3) Through the development of an annex or addition to an existing
project assisted under Section 202 of the Housing Act of 1959 (12
U.S.C. 1701q), that contains intergenerational dwelling units,
including through the development of elder cottage housing opportunity
units that are small, freestanding, barrier free, energy efficient,
removable dwelling units located adjacent to a larger project or
dwelling.
b. For those projects eligible to receive PRAC funds, the funds
will be available to cover the difference between the HUD-approved
operating costs and the amount the residents pay (each resident pays 30
percent of adjusted income), as well as the HUD-approved cost to
operate the project.
c. A portion of the PRAC funds (not to exceed $15 per unit/per
month) may be used to cover some of the cost of any supportive services
for residents. The balance of the cost for services must be
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paid from sources other than the demonstration program funds or PRAC
funds. Also, the cost of employing a service coordinator for the
project is an eligible use of PRAC funds. Section 202 projects
receiving Congregate Housing Services assistance under Section 802 of
the National Affordable Housing Act are not eligible to use
demonstration program funds or PRAC funds for supportive services or
for the cost of a service coordinator.
2. Threshold Requirements for Funding Consideration. In addition to
the threshold criteria outlined in the General Section, the following
threshold requirements must be met. (See Section V.B.2. of this NOFA
and Section III.C.2. and 3 of HUD's Fiscal Year 2008 Notice of Funding
Availability (NOFA); Policy Requirements and General Section to the
FY2008 SuperNOFA for HUD's Discretionary Programs; Notice.)
a. Nonresponsive Application. Your application will be considered
nonresponsive to this NOFA and will not be accepted for processing if
the following threshold requirements are not met:
(1) You must be an eligible applicant.
(2) You must have a DUN and Bradstreet Universal Data Numbering
System (DUNS) number. The DUNS number must be included in the data
entry field labeled ``organizational DUNS'' on the form SF-424.
Instructions for obtaining a DUNS number can be found at either http://
www.hud.gov/offices/adm/grants/duns.cfm or in the General Section.
(3) To have qualified dwelling units for purposes of this notice,
each unit:
(a) Shall not have fewer than two separate bedrooms but no more
than four separate bedrooms;
(b) Be equipped with design features appropriate to meet the
special physical needs of elderly persons, as needed; and
(c) Be equipped with design features appropriate to meet the
special physical needs of young children, as needed.
(4) You request less than the minimum of 5 units.
(5) You submit a substantially deficient application. (A majority
of the required exhibits are not submitted with your application,
particularly, but not limited to, those exhibits which are not
curable.)
(6) You request more than $2 million in funding.
(7) You request assistance for an ineligible activity as defined in
this program NOFA. (Please refer to Part IV.E.2.)
(8) You submit paper copies of the application, and you have not
received approval from HUD for a waiver of the electronic submission
requirements or you submit less than the required number of paper
copies indicated in your waiver notification.
b. Other Criteria.
(1) You must have the experience to develop and operate
intergenerational dwelling units.
(2) You must have sufficient funds available to reach initial
closing and complete the project.
(3) Your application must contain acceptable evidence of the
following:
(a) Evidence of Site Control. You must provide evidence of site
control as described in section IV.B.2.c.(1)(iv)(d)(i) of this NOFA.
(b) Historic Preservation. You are required to send to the State/
Tribal Historic Preservation Officer (SHPO/THPO) a letter that attempts
to initiate consultation with that officer and requests the officer's
review of your determinations and findings with respect to the
historical significance of your proposed project. A sample letter to
the SHPO/THPO that you may adapt for your use, if you so choose, is
available on HUD's Web site at http://www.hud.gov/offices/adm/grants/
fundsavail.cfm. You must include: (1) A copy of your letter to the
SHPO/THPO in your application and a statement that you have not
received a response letter(s) from the SHPO/THPO, or (2) a copy of the
response letter(s) received from the SHPO/THPO.
(c) Contamination. HUD must determine if a proposed site contains
contamination, such as hazardous waste, petroleum, or petroleum
products, and, if so, HUD must be satisfied that it is eliminated to
the extent necessary to meet nonsite-specific federal, state, or local
health standards. You must assist HUD by doing the following:
(i) Phase I Environmental Site Assessment (ESA). You must undertake
and submit a Phase I ESA, prepared in accordance with the ASTM Standard
E 1527-05, as amended, using the table of contents and report format
specified at Appendix X4 thereto, completed or updated as specified at
Section 4.6 thereto no earlier than 180 days prior to the application
deadline date. The Phase I ESA must be completed and submitted with the
application. Therefore, it is important that you start the Phase I ESA
process as soon after publication of this NOFA as possible.
Note: A Phase I ESA that is not properly updated, does not use
the report format specified at Appendix X4 of ASTM Standard E 1527-
05, or that is prepared in accordance with an older version of ASTM
E 1527 will result in a technical rejection of your application.
To help you choose an environmentally safe site, HUD invites you to
review the documents ``Choosing an Environmentally Safe Site'' and
``Supplemental Guidance, Environmental Information,'' which are
available on the HUD Web site at http://www.hud.gov/offices/adm/grants/
fundsavail.cfm.
(ii) Phase II ESA. If the Phase I ESA indicates the possible
presence of contamination and/or hazards, you must decide whether to
continue with this site or choose another site. Should you choose
another site, the same Phase I ESA process identified above must be
followed for the new site. However, if you choose to continue with the
original site on which the Phase I ESA indicated contamination or
hazards, you must undertake a detailed Phase II ESA by an appropriate
professional. In order for your application to be considered for review
under this funding competition, the Phase II must be received by Aretha
Williams, Director, Grant Policy and Management Division, U.S.
Department of Housing and Urban Development, 451 7th Street, SW.,
Washington, DC 20410, on or before August 1, 2008.
(iii) Clean-up. If the Phase II ESA reveals site contamination, the
extent of the contamination and a plan for clean-up of the site must be
submitted to HUD Headquarters. The plan for clean-up must include a
contract for remediation of the problem(s) and an approval letter from
the applicable federal, state, and/or local agency with jurisdiction
over the site. In order for your application to be considered for
review under this funding competition, this information must be
received by Aretha Williams, Director, Grant Policy and Management
Division, U.S. Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410 on or before August 1, 2008. If the
above information is not received by that date, the application will be
rejected.
Note: Clean-up could be an expensive undertaking. You must pay
for the cost of any clean-up and/or remediation with sources other
than the demonstration program funds. If the application is
approved, clean-up must be completed prior to initial closing.
Completion of clean-up means that HUD must be satisfied that the
contamination has been eliminated to the extent necessary to meet
nonsite-specific federal, state, or local health standards, with no
active or passive remediation still taking place, no capping over of
any contamination, and no monitoring wells. However, it is
acceptable if contamination remains solely in groundwater that is at
least 25 feet below the surface.
(d) Asbestos. Asbestos is a hazardous substance commonly used in
building products until the late 1970s. Therefore,
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you must submit one of the following with your application:
(i) If there are no pre-1978 structures on the site or if there are
pre-1978 structures that most recently consisted solely of four or
fewer units of single-family housing, including appurtenant structures
thereto, a statement to this effect, or
(ii) If there are pre-1978 structures on the site, other than for a
site that most recently consisted of solely four or fewer units of
single-family housing, including appurtenant structures thereto, a
comprehensive building asbestos survey that is based on a thorough
inspection to identify the location and condition of asbestos
throughout any structures. In those cases where suspect asbestos is
found, it would either be assumed to be asbestos or would require
confirmatory testing. If the asbestos survey indicates the presence of
asbestos or the presence of asbestos is assumed, and if the application
is approved, HUD will condition the approval on an appropriate mix of
asbestos abatement and an asbestos Operations and Maintenance Plan.
(e) Lead-Based Paint. You must comply with the requirements of the
Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4851 et
seq.), and implementing regulations at 24 CFR part 35.
(4) There must be a market need for the number of units proposed in
the area of the project location. You must provide a copy of a written
assessment of the intergenerational families' housing needs in the
relevant community. For the assessment, you should engage the help of
local child welfare agencies, caregiver support groups, Area Agencies
on Aging, and other supportive service providers working with the
families.
(5) You must provide a copy of a feasibility study on the proposed
project.
(6) You must provide commitment and support letters from the
appropriate organizations, agencies, and businesses. The commitment and
support letter(s) from the appropriate groups should:
(a) be submitted by the application submission date as part of your
application for financial assistance;
(b) indicate that the intergenerational dwelling units, facilities,
and supportive services to be provided are designed to meet the needs
of the residents who will reside in the intergenerational dwelling
units as defined in this NOFA.
(7) You are required to include a Supportive Services Plan that
describes the supportive services proposed to be provided to the
anticipated occupants, including a description of the public or private
funds that are expected to fund the proposed services and the manner in
which the services will be provided to the proposed residents. You must
not require residents to accept any supportive services as a condition
of occupancy or admission.
(8) Delinquent Federal Debt. Refer to the General Section for
information regarding delinquent federal debt.
3. Program Requirements. By signing the Demonstration Program
application, you are certifying that you will comply with all program
requirements listed in the General Section, as well as the following
requirements:
a. Statutory and Regulatory Requirements. In addition to the
statutory, regulatory, threshold, and public policy requirements listed
in the General Section, you must comply with all statutory and
regulatory requirements listed in this NOFA.
b. Existing Section 202 Developments. If you are designating and
retrofitting units within an existing Section 202 project or are
building an annex or addition to an existing Section 202 project:
(1) Your project must meet HUD's Uniform Physical Conditions
Standards at 24 CFR part 5, subpart G;
(2) The project's most recent management review rating must be
rated as satisfactory or above;
(3) The project's most recent Real Estate Assessment Center (REAC)
physical inspection report for the project must be 60 or above;
(4) The project must be well maintained;
(5) The project must not have a recent history of mortgage
defaults; and
(6) The project owner must not have any material adverse financial
or managerial actions or omissions with regard to any project that is
federally assisted and/or financed with a loan or capital advance from
or any mortgage insured by an agency of the federal government.
c. Supportive Services Plan. HUD believes that a strong Supportive
Services component is crucial to the success of your project over the
next 20 years. It is critical that you develop and maintain solid
relationships and partnerships with the supportive service providers in
the community to ensure the provision of services for the
intergenerational families. In addition, due to the amount of funds
available under this NOFA for supportive services, it is vital that
additional resources are found.
For purposes of this NOFA, you must develop and submit a Supportive
Services Plan for the services that will be offered on-site and/or off-
site. You must submit one copy of your Supportive Services Plan to each
appropriate state or local service funding organization well in advance
of the application deadline, for appropriate review. The state or local
funding organization(s) should return the Supportive Services Plan to
you with appropriate comments and an indication of any funding
commitment, which you will then include with the application you submit
to HUD.
d. Prohibition Against Lobbying Activities. The Byrd Amendment
prohibits recipients of federal contracts, grants, or loans from using
those funds for lobbying activities.
e. Economic Opportunities for Low- and Very Low-Income Persons
(Section 3). You must comply with Section 3 of the Housing and Urban
Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for
Low- and Very Low-Income Persons), and implementing regulations at 24
CFR part 135. You must ensure that training, employment, and other
economic opportunities shall, to the greatest extent feasible, be
directed toward low- and very low-income persons, particularly those
who are recipients of government assistance for housing and to business
concerns that provide economic opportunities to low- and very low-
income persons, including people with disabilities.
f. Minimum Project Size. The minimum number of units that can be
applied for in one application is five units.
g. Accessibility. Your project must meet accessibility requirements
published at 24 CFR 891.120, 24 CFR 891.210, and Section 504 of the
Rehabilitation Act of 1973 and its implementing regulations at 24 CFR
part 8, and, if your new project is new construction, the design and
construction requirements of the Fair Housing Act and HUD's
implementing regulations at 24 CFR part 100. In addition, 24 CFR
8.4(b)(5) prohibits the selection of a site or location that has the
purpose or effect of excluding persons with disabilities from the
federally assisted program or activity. Refer to Section V.A. below and
the General Section for information regarding the policy-priority of
encouraging accessible design.
h. Conducting Business in Accordance with HUD Core Values and
Ethical Standards. You are not subject to the requirements of 24 CFR
parts 84 and 85, as outlined in the General Section, except that the
disposition of real
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property may be subject to 24 CFR part 84. However, you are still
subject to the core values and ethical standards as they relate to the
conflict-of-interest provisions in 24 CFR 891.130. To ensure compliance
with the program's conflict-of-interest provisions, an owner's
certification of compliance with the conflict-of-interest program
requirements must be included in your application. The Sponsor of the
Section 202 applicant project must be committed to the development of
the intergenerational dwelling units. A sponsor's certification
supporting the project must be provided in your application. Further,
if awarded a fund reservation, the officers, directors, board members,
trustees, stockholders, and authorized agents of the Sponsor and Owner
entities will be required to submit to HUD individual certifications
regarding compliance with HUD's conflict-of-interest requirements.
i. Fair Housing. You must comply with the requirements of the Fair
Housing Act; Executive Order 11063; Title VI of the Civil Rights Act;
the Age Discrimination Act of 1975; the affirmative fair housing
marketing requirements of 24 CFR part 200, subpart M; and the
implementing regulations at 24 CFR part 108, which require that the
project be marketed to those least likely to apply. You must also
comply with any other applicable federal, state, and local laws
prohibiting discrimination and promoting equal opportunity, including
affirmatively furthering fair housing, and other certifications listed
in this application. You must comply with the Uniform Federal
Accessibility Standards (24 CFR 40.7), section 504 of the
Rehabilitation Act of 1973, HUD's implementing regulations at 24 CFR
part 8, and the Americans with Disabilities Act of 1990.
Refer to the General Section for additional Information on Fair
Housing Requirements.
j. Davis Bacon. You must comply with the Davis-Bacon requirements
(12 U.S.C. 1701q(j)(5)) and the Contract Work Hours and Safety
Standards Act, in accordance with 24 CFR 891.155(d).
k. Ensure the Participation of Small Businesses, Small
Disadvantaged Businesses, and Woman-Owned Businesses. HUD is committed
to ensuring that small businesses, small disadvantaged businesses, and
woman-owned businesses participate fully in HUD's direct contracting
and in contracting opportunities generated by HUD's financial
assistance.
l. Executive Order 13166, Improving Access to Persons with Limited
English Proficiency (LEP). Successful applicants are required to take
reasonable steps to ensure meaningful access to their programs and
activities by LEP persons. For further guidance on serving persons with
limited English proficiency in HUD assisted programs, see ``Final
Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons'' (72 FR 2732, January 22, 2007). Applicants
must seek to improve access to persons with limited English proficiency
by providing materials and information in languages other than English.
Make applications and other materials available in languages other than
English that are common in the community, if speakers of these
languages are found in significant numbers and are members of
intergenerational families. For further guidance on serving persons
with limited English proficiency in HUD-assisted programs, see the
recent HUD LEP guidance, ``Notice of Guidance to Federal Assistance
Recipients Regarding--Title VI Prohibition Against National Origin
Discrimination Affecting Limited English Proficient Persons,'' 68 FR
70968 (December 19, 2003).
m. Executive Order 13279, Equal Protection of the Laws for Faith-
Based and Community Organizations. HUD has undertaken a review of all
policies and regulations that have implications for faith-based and
community organizations, and has established a policy priority to
provide full and equal access to grassroots faith-based and other
community-based organizations.
n. Accessible Technology. The Rehabilitation Act Amendments of 1998
apply to all electronic information technology (EIT) used by a grant
recipient for transmitting, receiving, using, or storing information to
carry out the responsibilities of these awards.
o. Participation in HUD-Sponsored Program Evaluation. As a
condition of the receipt of funds under this NOFA, recipients are
required to cooperate with all HUD staff or contractors performing HUD-
funded research and evaluation studies.
p. Executive Order 13202. Comply with Executive Order 13202,
Preservation of Open Competition and Government Neutrality toward
Government Contractors' Labor Relations on Federal and Federally Funded
Construction Projects.
q. OMB Circulars and Governmentwide Regulations Applicable to
Financial Assistance. Applicants are subject to the Administrative
Requirements of OMB Circular A-133, Audits of States, Local
Governments, and Non-Profit Organizations; OMB Circular A-122, Cost
Principles for Non-Profit Institutions; the administrative requirements
of 24 CFR part 84; and the procurement requirements of 24 CFR 84.44.
r. National Environmental Policy Act. Your application is subject
to the National Environmental Policy Act of 1969 and the applicable
related federal environmental authorities (See 24 CFR part 50, as
applicable). An environmental review will be completed by HUD before
awarding any assistance under this program.
s. Design and Cost Standards. You must comply with HUD's Section
202 design and cost standards (24 CFR 891.120 and 891.210), the Uniform
Federal Accessibility Standards (24 CFR 40.7), Section 504 of the
Rehabilitation Act of 1973, and HUD's implementing regulations at 24
CFR part 8, and, for covered multifamily dwellings designed and
constructed for first occupancy after March 13, 1991, the design and
construction requirements of the Fair Housing Act and HUD's
implementing regulations at 24 CFR part 100, and, where applicable, the
Americans with Disabilities Act of 1990.
t. Ownership of Section 202 projects. Owners of a Section 202
project can apply for funding under this NOFA. The present single-
purpose regulatory limitation on Section 202 owner provisions of the
regulations, which restricts ownership of more than one project, is
waived for applicants applying for funding under this NOFA. This waiver
will apply only if your proposal for developing intergenerational
dwelling units is through designating and retrofitting existing units
in a Section 202 project or through building an annex or addition to an
existing Section 202 project. If your proposal is for the development
of buildings or projects solely of intergenerational dwelling units,
you must form an Owner entity (in accordance with 24 CFR 891.205) after
issuance of the demonstration program fund reservation and must cause
the Owner entity to file a request for determination of eligibility and
a request for demonstration program funds, and must provide sufficient
resources to the Owner entity to ensure the development and long-term
operation of the project, including capitalizing the Owner entity at
firm commitment processing in an amount sufficient to meet its
obligations in connection with the project over and above the
demonstration program assistance amount.
[[Page 22765]]
4. Energy Efficiency
HUD has adopted a wide-ranging energy action plan for improving
energy efficiency in all HUD program areas. As a first step in
implementing the energy plan, HUD, the Environmental Protection Agency,
and the Department of Energy have signed a joint partnership to promote
energy efficiency in HUD's affordable housing efforts and programs. The
purpose of the Energy Star partnership is not only to promote energy
efficiency of the affordable housing stock, but also to help protect
the environment.
Although it is not a requirement, you are encouraged to promote
energy efficiency in the design and operation of your proposed project.
Your application will receive one point if you describe your plans for
doing so in the proposed project. You are urged especially to purchase
and use Energy Star-labeled products. For further information about
Energy Star, see http://www.energystar.gov or call 1-888-STAR-YES (1-
888-782-7937) or, for the hearing-impaired, 1-888-588-9920 TTY.
IV. Application and Submission Information
Applicants are required to submit an electronic application, unless
they receive a waiver of the requirement in accordance with the
procedures in Section IV.C. of this NOFA. See the General Section for
information on electronic application submission and timely submission
and receipt requirements.
A. Addresses to Request Application Package. All information
required to complete and return a valid application is included in the
General Section and this NOFA, including other related documents.
Applicants may download the application and instructions from the
Grants.gov Web site at http://www.grants.gov/applicants/apply_for_
grants.jsp. If you have difficulty accessing the information, you may
call the Grants.gov Support Desk toll-free (800-518-GRANTS or 800-518-
4726) or e-mail your questions to support@Grants.gov. See the General
Section for information regarding the registration process or ask for
registration information from the Grants.gov Support Desk.
You may request general information and copies of the General
Section and NOFA (including related documents) from the NOFA
Information Center (800-HUD-8929 or 800-483-8929) Monday through
Friday, except on federal holidays. Persons with hearing and speech
impairments may access the above number via TTY by calling the toll-
free Federal Information Relay Service at 800-877-8339. When requesting
information, please refer to the name of the program in which you are
interested.
Before the application deadline date, HUD staff is available to
provide you with general guidance and technical assistance. For
technical support for obtaining or submitting the application, call
Aretha Williams at (202) 708-3000 or Claire Trivedi at (202) 402-6634
(these are not toll-free numbers). HUD staff is not permitted to assist
in preparing your application.
B. Content and Form of Application Submission. The exhibits to be
included in your application are contained in the body of this NOFA.
Note: Section 1001 of Title 18 of the United States Code
(Criminal Code and Criminal Procedure, 72 Stat. 967) applies to all
information supplied in the application submission. Among other
things, 18 U.S.C. 1001 provides that whoever knowingly and willfully
makes or uses a document or writing containing any false,
fictitious, fraudulent statement or entry, in any matter within the
jurisdiction of any department or agency of the United States, shall
be fined not more than $10,000 or imprisoned for not more than 5
years, or both.
The application consists of four parts with a total of eight
exhibits. Included with the eight exhibits are prescribed forms,
certifications, and resolutions. The components of the application are:
Part 1--(Exhibit 1), Application Form for Demonstration
Program for Elderly Housing for Intergenerational Families;
Part 2--Your Ability to Develop and Operate the Proposed
Project (Exhibits 2 and 3);
Part 3--The Need for Intergenerational Housing in the Area
to be Served, Site Control and Suitability of Site (including
security), and Adequacy of the Provisions of Supportive Services and of
the Proposed Project (Exhibits 4 and 5);
Part 4--General Application Requirements, Certifications,
and Resolutions (Exhibits 6 through 8).
The following additional information, which may assist you in
preparing your application, is available on HUD's Web site at http://
www.hud.gov/offices/adm/grants/fundsavail.cfm:
Letter Requesting SHPO/THPO Review;
Choosing an Environmentally Safe Site;
Supplement to Choosing an Environmentally Safe Site; and
Affordable Housing for Intergenerational Families
Satellite Broadcast Training May 30, 2007.
Your application must include all of the information, materials,
forms, and exhibits listed below (unless you were selected for a
Section 202 fund reservation within the last three funding cycles). If
you qualify for this exception, you are not required to submit the
information described in Exhibits 2(a), (b), and (c), which are the
articles of incorporation (or other organizational documents), bylaws,
and the Internal Revenue Service tax exemption, respectively. If there
has been a change in any of these documents since your previous HUD
approval, you must submit the updated information in your application.
Headquarters will verify your previous HUD approval by checking the
project number and approval status with the appropriate local HUD
office based on the information submitted.
Please submit your application using the following format provided
in this NOFA. For applications to be submitted electronically, in which
you have created files to be attached to the electronic application,
you should number the pages of the attached file and include a header
that identifies the exhibit that it relates to. Please be sure to
follow the file labeling and file format in the General Section.
For applicants that have received a waiver of the electronic
application submission, you must number the pages of each file,
narratives, and other attached files. Include the name of your
organization, your DUNS number, and the exhibit number that you are
responding to on the header of each document.
1. Table of Contents
a. Part I--Application Form
(1) Exhibit 1: Application Form for Demonstration Program for
Elderly Housing for Intergenerational Families
b. Part II--Ability to Develop/Operate Project
(1) Exhibit 2: Legal Status
(a) Organizational Documents
(b) Bylaws
(c) IRS Tax Exemption Ruling
(2) Exhibit 3: Purpose/Community Ties/Experience with
Intergenerational Families
(a) Purpose(s), current activities, etc.
(b) Community ties, description of area
(i) Links to the community
(ii) Efforts to involve elderly and youth
(c) Form HUD-27300, America's Affordable Communities Initiative/
Removal of Regulatory Barriers with supporting documentation
(d) Sources and Uses Statement
(e) Other funding sources
(f) Section 3 requirements
(g) Letters of support
(h) Housing/Services experience
(i) Practical solutions
(j) How project will remain viable
[[Page 22766]]
(i) If services are depleted
(ii) If State-funded services change
(iii) If need for project changes
(k) Project Development Timeline
(l) Past Performance
c. Part III--Need for Intergenerational Housing, Site Requirements,
Proposed Services
(1) Exhibit 4: Project Information
(a) Evidence of need for project
(i) Written assessment
(ii) Target population, demographics, and extent of their need
(iii) Benefit to population/community
(b) Feasibility Study
(c) Narrative project descriptions
(i) Building design
(ii) Security
(iii) Energy efficiency features
(iv) Uniform Federal Accessibility Standards
(d) Site control and zoning
(i) Site control documents
(ii) Freedom of site from restrictions
(iii) Zoning requirements
(iv) Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (49 CFR part 24 and 24 CFR
891.155(e)) (URA) site notification requirements
(v) Topographical/demographical description of site/area and
opportunities for minorities
(vi) Racial composition/map of site
(vii) Phase I ESA
(viii) Asbestos statement/survey
(ix) SHPO/THPO requirements
(x) Lead-based paint
(2) Exhibit 5: Supportive Services Plan
(a) Description of services
(b) Other funding sources
(c) How services will be provided
d. Part IV--Requirements/Certifications/Resolutions
(1) Exhibit 6: Staffing Plan, Tenant Selection, Residence
Requirements, Written Rules and Procedures
(a) Staffing plan
(b) Tenant selection and residency
(c) Rules/procedures
(2) Exhibit 7: Required information on
(a) All property occupants
(b) Relocation costs/services
(c) Staff to carry out relocation
(d) Occupant move-outs within past 12 months
(e) General information notice
(3) Exhibit 8: Forms/Certifications/Resolutions
(a) SF-424, Application for Federal Assistance
(b) SF-424 Supplement, ``Survey on Ensuring Equal Opportunities
for Applicants'' (Faith-Based EEO Survey (SF-424 SUPP) on Grants.gov
(c) HUD-2880, ``Applicant/Recipient Disclosure/Update Report''
(``HUD Applicant Recipient Disclosure Report'' on Grants.gov)
(d) HUD-2991, Certification of Consistency with the Consolidated
Plan
(e) HUD-2994-A, You Are Our Client! Grant Applicant Survey
(Optional)
(f) SF-LLL, Disclosure of Lobbying Activities
(g) HUD-96010, Program Outcome Logic Model
(h) HUD-27300, America's Affordable Communities Initiative/
Removal of Regulatory Barriers, (``HUD Communities Initiative Form''
on Grants.gov) and supporting documentation, if applicable
(i) HUD-2990, Certification of Consistency with the RC/EZ/EC-II
Strategic Plan (if applicable)
(j) HUD-92041, Sponsor's Conflict of Interest Resolution (owner
signs)
(k) HUD-92042, Sponsor's Resolution for Commitment to Project
(l) HUD-96011, ``Third Party Documentation Facsimile
Transmittal'' (Facsimile Transmittal Form on Grants.gov). For
electronic applications only, this form must be used as the cover
page for faxing third party information. See the General Section
(m) HUD-92910, Application Form for Demonstration Program for
Elderly Housing for Intergenerational Families
2. Programmatic Applications Requirements
a. Part 1--Application Form for Demonstration Program for Elderly
Housing for Intergenerational Families
(1) Exhibit 1--Application Form for Demonstration Program for
Elderly Housing for Intergenerational Families. A copy of the form HUD-
92910 is available in the instructions download at http://
www.grants.gov/applicants/apply_for_grants.jsp.
b. Part II--Your Ability to Develop and Operate the Proposed Project
(1) Exhibit 2--Evidence of your legal status (i.e., evidence of
your status as a private nonprofit organization).
(a) Articles of Incorporation, constitution, or other
organizational documents;
(b) Bylaws;
(c) IRS tax exemption ruling (this must be submitted by all
Sponsors, including churches).
Note: If you received a Section 202 fund reservation within the
last three funding cycles, you are not required to submit the
documents described in (a), (b), and (c) above. Instead, submit the
project number of the latest application and the local HUD office to
which it was submitted. If there have been any modifications or
additions to the subject documents, indicate such, and submit the
new material.
(2) Exhibit 3--Your purpose, community ties, and experience.
(a) A description of your purpose(s), current activities, including
your ability to enlist volunteers and raise private and local funds,
and how long you have been in existence.
(b) A description of your community support:
(i) Your ties to the community at large, including minority and
elderly communities, and to the community of intergenerational
families, in particular; and
(ii) Your efforts to involve the elderly and youth in
intergenerational families in:
(A) Developing the application;
(B) Participating on the project's planning committee;
(C) Developing the project's operating philosophy;
(D) Reviewing the application prior to submission to HUD; and
(E) Your intent to involve them in the operation of the project.
(c) The extent that the jurisdiction in which your project will be
located has undertaken efforts to remove regulatory barriers to
affordable housing and how you have supported these efforts. This is an
optional requirement, but to obtain up to 2 points for this policy
priority you must complete the form HUD-27300, Questionnaire for HUD's
Initiative on Removal of Regulatory Barriers and provide the required
documentation. See Rating Factor 3 in Section V.A. below for more
details.
(d) A comprehensive sources and uses statement that details all
funds for development and supportive services for the proposed project,
including a description of other funding sources for the project
(financial assistance, donation of land, provision of services, etc.).
(e) Include all financial commitment letters with specific dollar
amounts from appropriate organizations. If $100,000 or more in funding
has been secured, you will receive 5 points, provided a letter from
each lender or donor confirming the funding is included with the
application.
Note: Given the amount of the funds available under this NOFA,
the need to collaborate and obtain funding from other sources is
critical.
(f) Address how training, employment, and economic opportunities
shall, to the greatest extent feasible, be directed toward low- and
very low-income persons, particularly those who are recipients of
government assistance for housing and to business concerns that provide
economic opportunities to low- and very low-income persons.
(g) Letters of support from agencies, organizations, businesses,
and/or any other groups that will partner with you to provide on-site
and/or off-site supportive services. The letters of support should
indicate that the intergenerational units, facilities, and supportive
services to be provided are designed to meet the needs of the residents
who will reside in the intergenerational dwelling units. Their
experience with intergenerational families must be described in the
letters.
[[Page 22767]]
Any financial commitments on the part of these entities should also be
included in the letter. See Section IV.B.2.b.(2)(d) and (e) above
concerning secured funding. This is a critical component of your
application and could determine the success or failure of your project.
(h) A description of your relevant experience with
intergenerational families and their housing and supportive service
needs. The description should include any rental housing projects and/
or supportive services facilities that you sponsored, own and/or
operate; your past or current involvement in any programs other than
housing that demonstrates your management capabilities (including
financial management) and experience; your experience in serving the
target population (elderly, children, and intergenerational families
including minorities); and the reasons for receiving any increases in
fund reservations for developing and/or operating previously funded
Section 202 or Section 811 projects. The description should include
data on the facilities and services provided; the racial/ethnic
composition of the populations served, if available; and information
and testimonials from residents or community leaders on the quality of
the activities. Examples of activities that could be described include
housing counseling, nutrition and food services, special housing
referrals, screening, and information projects.
(i) A description of the practical solutions you will implement
that will enable residents of your project to meet the terms and
conditions of the lease. In addition, describe the educational
opportunities you will provide for the residents and how you will
provide them. This description should include any activities that will
enhance the quality of life for the residents. And finally, describe
how your proposed project will be an improved living environment for
the residents in comparison to their previous place of residence.
(j) Describe how you will ensure that your proposed project will
remain viable as housing, with the availability of supportive services
for the target population. This description should address the measures
you would take should any of the following occur:
(i) Funding for any of the needed supportive services becomes
depleted:
(ii) If, for any State-funded services for your project, the State
changes its policy regarding the provision of supportive services to
projects such as the one you propose; or
(iii) If the need for housing for the population you will be
serving wanes over time, causing vacancies in your project.
(k) Describe your plan for completing the proposed project. Include
a project development timeline that lists the major development stages
for the project with associated dates that must be met in order to get
the project to initial closing and start of construction within the 18-
month fund reservation period, as well as the full completion of the
project, including final closing. Completion of the Program Outcome
Logic Model (HUD-96010) will assist you in completing your response to
this Exhibit.
(l) Describe the extent to which your past performance evidences
that the proposed project will result in timely development of the
project.
c. Part III--The Need for Intergenerational Housing, Site Control and
Suitability of Site Including Security, and Adequacy of the Provisions
of Supportive Services and of the Proposed Project
(1) Exhibit 4--Need and Project Information.
(a) Evidence of Need.
(i) A brief narrative summarizing the findings from the written
assessment of the intergenerational families' housing needs in the
relevant community. A copy of the assessment must be included with the
application. See Section III.C.2.b.(4) above. Also, a description of
how information in the community's or (where applicable) the State's
Consolidated Plan, Analysis of Impediments to Fair Housing Choice (AI),
or other planning document that analyzes fair housing issues was used
in documenting the need for the project.
(ii) Identification of the target population and their demographic
characteristics and the extent of their housing needs. The target
population must be surveyed and asked about their following preferences
and needs:
(A) If new construction, type of building(s), e.g., high-rises,
small buildings, or two flats;
(B) The number of bedrooms--at least two--for each dwelling unit;
(C) Design features;
(D) Indoor community space;
(E) Outdoor space;
(F) Types of supportive services;
(iii) A description of how the proposed project will benefit the
target population and the community in which it will be located.
(b) A brief narrative summarizing the findings from the feasibility
study for the proposed project. A copy of the feasibility study must be
included with the application. See III.C.2.b.(5). The study must
include, but is not limited to information concerning:
(i) Site selection;
(ii) Condition of the project;
(iii) Neighborhood/location issues;
(iv) Existing residents and relocation requirements;
(v) Development design;
(vi) Preliminary building plans or plans to designate and retrofit;
(vii) Neighborhood receptivity to the proposed project;
(viii) Needs and receptivity of the target population;
(ix) Program policies and procedures;
(x) Staffing patterns;
(xi) Implementation Plan;
(c) These intergenerational dwelling units must include design
features and public space that accommodate all ages being served. Each
unit must have at least two separate bedrooms and be equipped with
design features appropriate to meet the special physical needs of
elderly persons and young children, as needed. Features in existing
intergenerational housing include electrical outlet protections,
handrails in the bathrooms and hallways, shower thermostats that keep
the water from getting too hot, and secure outside play areas visible
from the dwelling units.
The proposed design of the housing should include adequate,
flexible community space that can accommodate varying uses, multiple
ages being served, and the changing needs of the residents. For the
comfort of all residents, the proximity of the community space to the
housing units and soundproofing should be considered as part of the
proposed building design. If private, individual, outside space is
available, such as private porches or terraces, it should be evenly
distributed among each of the units.
You must provide a description of the physical construction aspects
of the intergenerational dwelling units, including the following:
(i) Narrative description of the building design, including a
description of the number of units with bedroom distribution; any
special design features, including any features that incorporate
visitability standards and universal design, amenities, and/or
commercial and community spaces; and how this design will facilitate
the delivery of services in an economical fashion and accommodate the
changing needs of the residents over the next 10 to 20 years.
Note: If the community spaces, amenities, or features exceed the
project design and cost standards of 24 CFR 891.120(a) and (c), the
special standards of 24 CFR 891.210, and the limitation on bedroom
unit sizes as required
[[Page 22768]]
by the LEGACY Act of 2003, you must demonstrate your ability and
willingness to contribute both the incremental development cost and
continuing operating cost associated with the community spaces,
amenities, or features;
(ii) A short narrative describing how security for the project will
be designed and incorporated in your proposed project. Security may
include, but is not limited to, a 24-hour front desk, cameras, and
emergency buzzer systems in each dwelling unit. Twenty-four-hour
security for the units is essential, as are enforcement policies for
security violations.
(iii) Describe how the project will promote energy efficiency (in
accordance with the requirements set forth in Section III.C.4. of this
NOFA), including any plans to incorporate energy-efficiency features in
the operation of the project through the use of Energy Star-labeled
products and appliances and, if applicable, innovative construction or
rehabilitation methods or technologies to be used that will promote
efficient construction. This piece will serve as an assurance that the
project will promote energy efficiency.
(iv) A description of the project must address how the units will
conform to the accessibility requirements described in the Uniform
Federal Accessibility Standards (UFAS).
(d) Evidence of site control and permissive zoning.
(i) Acceptable evidence of site control is limited to any one of
the following:
(A) Deed or long-term leasehold that evidences that you have title
to or a leasehold interest in the site. If a leasehold, the term of the
lease must be at least 50 years with renewable provisions for 25 years,
except for sites on Indian trust land, in which case the term of the
lease must be at least 50 years with no requirement for extensions;
(B) Contract of sale for the site that is free of any limitations
affecting the ability of the seller to deliver ownership to you after
you receive and accept a notice of Demonstration Program funds. (The
only condition for closing on the sale can be your receipt and
acceptance of the demonstration program funds.) The contract of sale
cannot require closing earlier than the Demonstration Program closing;
(C) Option to purchase or for a long-term leasehold, which must
remain in effect for 6 months from the date on which the applications
are due, must state a firm price binding on the seller, and be
renewable at the end of the 6-month period. The only condition on which
the option may be terminated is if you are not awarded a fund
reservation;
(D) If the site is covered by a mortgage under a HUD program (e.g.,
a previously funded Section 202 or Section 811 project or an FHA-
insured mortgage), you must submit evidence of site control as
described above AND evidence that consent to release the site from the
mortgage has been obtained or has been requested from HUD (all required
information in order for a decision on the request for a partial
release of security must have been submitted to the local HUD office)
and from the mortgagee, if other than HUD. Approval to release the site
from the mortgage must be done before HUD Headquarters makes its
selections. Refer to Chapter 16 of HUD Handbook 4350.1 REV-1,
Multifamily Asset Management and Project Servicing, for instructions on
submitting requests to HUD for partial release of security from a
mortgage under a HUD program; or
(E) For sites to be acquired from a public body, evidence is needed
that the public body possesses clear title to the site and has entered
into a legally binding agreement to lease or convey the site to you
after you receive and accept a notice of Demonstration Program funds.
Where HUD determines that time constraints of the funding round will
not permit you to obtain all of the required official actions (e.g.,
approval of Community Planning Boards) that are necessary to convey
publicly owned sites, you may include in your application a letter from
the mayor or director of the appropriate local agency indicating that
conveyance or leasing of the site is acceptable without imposition of
additional covenants or restrictions, and is contingent only on the
necessary approval action. Such a letter of commitment will be
considered sufficient evidence of site control.
(ii) Under HUD's regulations and requirements, whether you have
title to the site, a contract of sale, an option to purchase, or are
acquiring a site from a public body, you must provide evidence (a
current title policy or other acceptable evidence) that the site is
free of any limitations, restrictions, or reverters that could
adversely affect the use of the site for the proposed project for the
term of the mortgage (e.g., reversion to seller if title is
transferred). If the title evidence contains restrictions or covenants,
copies of the restrictions or covenants must be submitted with the
application. If the site is subject to any such limitations,
restrictions, or reverters, the application will be rejected. Purchase
money mortgages that will be satisfied from demonstration program funds
are not considered to be limitations or restrictions that would
adversely affect the use of the site. If the contract of sale or option
agreement contains provisions that allow an applicant not to purchase
the property for reasons such as environmental problems, failure of the
site to pass inspection, or the property appraises at less than the
purchase price, then such provisions are not objectionable and an
applicant is allowed to terminate the contract of sale or the option
agreement.
Note: A proposed project site may not be acquired or optioned
from a general contractor (or its affiliate) that will construct the
Demonstration Program project or from any other development team
member.
(iii) Evidence that the project, as proposed, is permissible under
applicable zoning ordinances or regulations or a statement of the
proposed action required to make the proposed project permissible AND
the basis for the belief that the proposed action will be completed
successfully before the submission of the firm commitment application
(e.g., a summary of the results of any requests for rezoning, and/or
the procedures for obtaining special or conditional use permits on land
in similar zoning classifications, and the time required for such
rezoning, or preliminary indications of acceptability from zoning
bodies, etc.).
(iv) Evidence of compliance with the URA requirement (49 CFR part
24, and 24 CFR 891.155(e)) that the seller has been provided, in
writing, with the required information regarding a voluntary, arm's
length purchase transaction (i.e., (1) the applicant does not have the
power of eminent domain and, therefore, will not acquire the property
if negotiations fail to result in an amicable agreement, and (2) the
estimate of the fair market value of the property).
Note: A certification for this requirement is not sufficient.
Therefore, evidence must be submitted to meet this requirement. This
information should have been provided before making the purchase
offer. However, in those cases where there is an existing option or
contract, the seller must be provided the opportunity to withdraw
from the agreement or transaction, without penalty, after this
information is provided.
(v) Narrative describing topographical and demographical aspects of
the site, the suitability of the site and area (as well as a
description of the characteristics of the neighborhood), how use of the
site will promote greater housing opportunities for minority
intergenerational families and intergenerational families with persons
with disabilities (if applicable), and how
[[Page 22769]]
use of the site will affirmatively further fair housing.
Note: You can best demonstrate your commitment to affirmatively
furthering fair housing by describing how your proposed activities
will assist the jurisdiction in overcoming impediments to fair
housing choice identified in the applicable jurisdiction's Analysis
of Impediments (AI) to Fair Housing Choice, which is a component of
the jurisdiction's Consolidated Plan, or any other planning document
that addresses fair housing issues. The applicable Consolidated Plan
and AI may be that of the community, county, or state to which input
should have been provided by local community organizations, agencies
in the community, and residents of the community. Alternatively, a
document that addresses fair housing issues and remedies to barriers
to fair housing in the community, which was previously prepared by a
local planning or similar organization, may be used. Applicable
impediments could include the need for improved housing quality and
services for minority intergenerational families, lack of
affirmative marketing and outreach to minority intergenerational
families, and the need for quality elder-care services within areas
of minority concentration, when compared with the type and quality
of similar services and housing in nonminority areas.
(vi) A map showing the location of the site, the racial composition
of the neighborhood, and any areas of racial or minority racial group
concentration.
Note: For this competition, when determining the racial and
ethnic composition of the neighborhood surrounding the proposed
site, use data from the 2000 Census of Population. Data from the
2000 Census may be found at http://factfinder.census.gov/home/saff/
main.html?--lang=en.
(vii) A Phase I Environmental Site Assessment (ESA), in accordance
with the ASTM Standard E 1527-05, as amended, using the table-of-
contents and report format specified at Appendix X4 thereto and
completed or updated as specified at Section 4.6 thereto, must be
undertaken and completed by you and submitted with the application. In
order for the Phase I ESA to be acceptable, it must have been completed
or updated no earlier than 180 days prior to the application deadline
date. Therefore, it is important to start the site assessment process
as soon after the publication of the NOFA as possible.
Note: A Phase I ESA that is not properly updated that does not
use the report format specified at Appendix X4 of ASTM Standard E
1527-05, or that is prepared in accordance with an older version of
ASTM E 1527 will result in a technical rejection of your
application.
If the Phase I ESA indicates possible presence of contamination
and/or hazards, you must decide whether to continue with this site or
choose another site. Should you choose another site, the same Phase I
ESA process identified above must be followed for the new site. If you
choose to continue with the original site on which the Phase I ESA
indicated contamination and/or hazards, you must undertake a detailed
Phase II ESA by an appropriate professional. If the Phase II Assessment
reveals site contamination, you must submit, to HUD Headquarters, the
extent of the contamination and a plan for clean-up of the site,
including a contract for remediation of the problem(s) and an approval
letter from the applicable federal, state, and/or local agency with
jurisdiction over the site. The Phase II ESA and any necessary plans
for clean-up do not have to be submitted with the application, but must
be received by Aretha Williams, Director, Grant Policy and Management
Division, U.S. Department of Housing and Urban Development, 451 7th
Street, SW., Washington, DC 20410, by August 1, 2008. If it is not
received by that date, the application will be rejected.
Note: You must pay for the cost of any clean-up or remediation,
which can be very expensive. See Section III.C.2.b.(3)(c)(iii).
(viii) You must submit one of the following:
(A) If there are no pre-1978 structures on the site or if there are
pre-1978 structures that most recently consisted of solely four or
fewer units of single-family housing, including appurtenant structures
thereto, a statement to this effect, or
(B) If there are pre-1978 structures on the site, other than for a
site that most recently consisted of solely four or fewer units of
single-family housing, including appurtenant structures thereto, a
comprehensive building asbestos survey that is based on a thorough
inspection to identify the location and condition of asbestos
throughout any structures.
Note: In those cases where suspect asbestos is found, it would
either be assumed to be asbestos or would require confirmatory
testing. If the asbestos survey indicates the presence of asbestos
or the presence of asbestos is assumed, and if the application is
approved, HUD will condition the approval on an appropriate mix of
asbestos abatement and an asbestos Operations and Maintenance Plan.
(ix) Letter to the State/Tribal Historic Preservation Officer
(SHPO/THPO) and a statement that the SHPO/THPO failed to respond to you
OR a copy of the response letter received from the SHPO/THPO.
(x) You must comply with the requirements of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act (42 U.S.C. 4851 et seq.), and
implementing regulations at 24 CFR part 35.
(2) Exhibit 5--Supportive Services Plan.
It is crucial to the success of your project that you collaborate
with other community organizations, agencies, businesses, and/or groups
to provide on-site and, when necessary, off-site comprehensive
supportive services tailored to meet the needs of intergenerational
families, including elderly persons and children. Because of the lack
of funds available under this NOFA for supportive services, it is
critical that you find ways to obtain and maintain the supportive
services needed to assist the target population. Consideration must be
given to the availability of transportation for off-site services. Your
application must include a comprehensive Supportive Services Plan and
firm commitments for individualized case management and supportive
services to be offered. A copy of the Supportive Services Plan must be
submitted to the appropriate state and/or local agency as instructed in
Section III.C.3.c. above.
(a) Services must be provided in accordance with the requirements
of 12 U.S.C. 1701q(g).
(b) Supportive services provided through collaboration, whether
provided on-site and/or off-site, must include a range of services that
are tailored to meet the needs of intergenerational families, including
elderly persons and children. Services will be designed with the age of
the children in mind, and the fact that the children will be aging.
Services for youth need to be different than services for younger
children. You must ensure that services will include:
(i) Individualized case management. This case management must link
residents to available services on-site and/or off-site, in addition to
helping them access additional services available in the community. All
projects funded under this NOFA must have sufficient case management
and service coordination in place. Your plan for individualized case
management must be described in the application.
(ii) Services that are determined essential for each of the
populations served, which will likely include support groups, other
mental health services, before- and after-school activities, tutoring,
and safe and accessible transportation.
(iii) Additional services, which may include, but not be limited
to, other recreational activities or opportunities
[[Page 22770]]
for civic engagement, provided through collaboration with outside
providers.
(c) Your application must provide:
(i) A detailed description of the supportive services proposed to
be provided.
(ii) A description of public or private sources of assistance that
reasonably could be expected to fund the proposed services.
(iii) The manner in which such services will be provided to such
persons (i.e., on-or off-site), including whether a service coordinator
will facilitate the adequate provision of such services, and how the
services will meet the identified needs of the residents.
Note: You may not require residents, as a condition of admission
or occupancy, to accept any supportive services.
d. Part IV--General Application Requirements, Certifications, and
Resolutions
(1) Exhibit 6: Staffing Plan, Tenant Selection, Residency
Requirements, and Written Rules and Procedures.
(a) A staffing plan, which includes:
(i) Number of staff and positions;
(ii) Measures to be taken to encourage staff retention. Continuity
in the lives of the children and youth is particularly important for
this population;
(iii) Whether the staff will reflect the population being served.
For example, some intergenerational housing programs have found it
effective to hire staff from the community, particularly case managers,
who are relative caregivers with similar socioeconomic backgrounds.
(b) Written tenant selection procedures and residency requirements
that the applicant must address the following questions (these
procedures and requirements will vary based on the needs of the target
population):
(i) What the caregivers will have to prove concerning their
relationship to the children in order to qualify for housing?
(ii) Will the program be open to ``other relatives,'' such as aunts
and uncles, raising children?
(iii) Will birth parents be allowed to live on the property? What
are birth parent visitation rights?
(c) A description of the written rules and procedures to be
developed for the following:
(i) Handling family crises, such as a caregiver's sickness,
hospitalization, or death.
(ii) Assisting grandparents and other relatives with a secondary
permanency plan for the child.
(iii) Handling security issues, including screening residents, how
visitors' identities will be verified, determining whether guests have
been barred from visiting by court order, and safeguarding against
intrusions from outsiders (both those uninvited and those invited by
other residents).
(iv) Monitoring and prohibiting illegal and inappropriate behavior,
and evicting residents who are involved in such activities.
(v) Determining whether a curfew for youths will be in place.
(vi) Identify how these rules and procedures will be communicated
to tenants and enforced.
(2) Exhibit 7: A statement that:
(a) Identifies all persons (families, individuals, businesses, and
nonprofit organizations) by race/minority group, and their status as
owners or tenants occupying the property on the date of submission of
the application.
(b) Indicates the estimated cost of relocation payments and other
services.
(c) Identifies the staff organization that will carry out the
relocation activities.
(d) Identifies all persons that have moved from the site within the
past 12 months and the reason for such moves.
(e) Indicates that all persons occupying the site have been issued
the appropriate required General Information Notice and advisory
services information, receipt required, either at the time the option
to acquire the property is executed, or at the time the application is
submitted.
Note: If any of the relocation costs will be funded from sources
other than the demonstration program funds, you must provide
evidence of a firm commitment of these funds. When evaluating
applications, HUD will consider the total cost of proposals (i.e.,
cost of site acquisition, relocation, construction, and other
project costs).
(3) Exhibit 8: Standard Forms, Certifications, and Resolutions. You
are required to submit completed copies of the following forms, which
are available at http://www.grants.gov/applicants/apply_for_
grants.jsp.
(a) Form SF-424, Application for Federal Assistance, including a
DUNS number, an indication of whether you are delinquent on any federal
debt, and compliance with Executive Order 12372 (a certification that
you have submitted a copy of your application to the state agency
Single Point of Contact (SPOC) for state review. If the SPOC requires a
review of your application, you must include in your application a copy
of the cover letter sent to the SPOC.
Note: For intergenerational housing purposes, in Item 14, Areas
Affected by Project, of SF-424, provide the names of the city,
county, and state where the project will be located.
(b) SF-424 Supplement, Survey for Ensuring Equal Opportunity for
Applicants (``Faith Based EEO Survey (SF-424 SUPP)'' on Grants.gov).
Although the information on this form will not be considered in making
funding decisions, it will assist the federal government in ensuring
that all qualified applicants have an equal opportunity to compete for
federal funding.
(c) Form HUD-2880, Applicant/Recipient Disclosure/Update Report
(``HUD Applicant Recipient Disclosure Report'' on Grants.gov),
including Social Security and Employee Identification Numbers. A
disclosure of assistance from other government sources received in
connection with the project.
(d) Form HUD-2991, Certification of Consistency with the
Consolidated Plan (Plan) for the jurisdiction in which the proposed
project will be located. The certification must be made by the unit of
general local government, if it is required to have or has a complete
Plan. Otherwise, the certification may be made by the state or by the
unit of general local government, if the project will be located within
the jurisdiction of the unit of general local government authorized to
use an abbreviated strategy, and if it is willing to prepare such a
Plan. All certifications must be made by the public official
responsible for submitting the Plan to HUD. The certifications must be
submitted by the application deadline date. The Plan regulations are
published in 24 CFR part 91.
(e) Form HUD-2994-A, You Are Our Client! Grant Applicant Survey.
This is an optional form, which may be used to provide suggestions and
comments to the Department regarding your application submission
experience.
(f) Standard Form--LLL, Disclosure of Lobbying Activities, if
applicable. A disclosure of activities conducted that may influence any
federal transactions.
(g) Form HUD-96010, Program Outcome Logic Model. In addition to the
Project Development Timeline to be submitted, the information provided
in the Logic Model will be used in rating your application for rating
factor 5, Achieving Results and Program Evaluation. (See Section V.A.5.
below.)
(h) Form HUD-27300, America's Affordable Communities Initiative/
Removal of Regulatory Barriers (``HUD Communities Initiative Form'' on
Grants.gov) (and supporting documentation), if applicable.
(i) Form HUD-2990, Certification of Consistency with RC/EZ/EC-II
Strategic Plan. A certification that the project is consistent with the
RC/EZ/EC-II strategic plan, is located within the RC/
[[Page 22771]]
EZ/EC-II, and serves RC/EZ/EC-II residents. (This certification is not
required if the project site(s) will not be located in a RC/EZ/EC-II).
(j) Form HUD-92041, Sponsor's Conflict-of-Interest Resolution. This
is a Certified Board Resolution that no officer or director of the
Sponsor or Owner has or will have any financial interest in any
contract with the Owner or in any firm or corporation that has or will
have a contract with the Owner, including a current listing of all duly
qualified and sitting officers and directors by title and the beginning
and ending dates of each person's term. The Owner should complete and
sign this form for this demonstration although the word Sponsor is used
in the title.
(k) Form HUD-92042, Sponsor's Resolution for Commitment to Project.
A Certified Board Resolution acknowledging responsibilities of
sponsorship, long-term support of the project(s), your willingness to
help the Owner to develop, own, manage, and provide appropriate
services in connection with the proposed project; and reflecting the
will of your membership. Also, it shall indicate your willingness to
fund the estimated start-up expenses and the estimated cost of any
amenities or features (and operating costs related thereto) that would
not be covered by the approved funding.
(l) Form HUD-96011, Facsimile Transmittal Form, is required only if
you are using the facsimile method to fax third-party and other
documents for your electronic application, in accordance with the
instructions in the General Section.
(m) Form HUD-92910, Demonstration Program for Elderly Housing for
Intergenerational Families. The form identifies the applicant and its
known development team members and collects basic information with
regard to the proposed project's characteristics. HUD staff will use
this exhibit to obtain basic information regarding the proposed
project. The information collected from the applicant relative to item
2 of this form is needed for the Department's Minority Business
Enterprise goals.
Note: HUD will not accept entire applications by fax. If you
submit the application entirely by fax, it will be disqualified.
C. Submission Date and Time. Your application must be received and
validated electronically by Grants.gov no later than 11:59:59 p.m.
eastern time on July 2, 2008, the application deadline date, unless a
waiver of the electronic delivery process has been approved by HUD in
accordance with the following procedures. Applicants that are unable to
submit their application electronically must seek a waiver of the
electronic grant submission requirement. Waiver requests must be
submitted no later than 15 days before the application deadline date.
Waiver requests must be submitted by mail or by fax. For this program
NOFA, e-mail requests will not be considered. Waiver requests submitted
by mail or fax should be submitted on the applicant's letterhead and
signed by an official with the legal authority to request a waiver from
the Department. The request must be addressed to the Assistant
Secretary for Housing at the following address: Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner, U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 9100, Washington, DC 20410-8000. Waiver requests submitted by fax
must be sent to (202) 708-3104.
If a waiver is granted, you must submit the required number of
copies of your application to Aretha Williams, Director, Grant Policy
and Management Division, U.S. Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410-8000, and the
application must be received no later than 5 p.m. eastern time on the
application deadline date. The waiver approval notification will
identify the required number of copies that must be submitted. If you
do not submit the required number of copies, your application will not
be reviewed.
D. Intergovernmental Review
1. State Review. Applicants for funding under this NOFA are subject
to Executive Order 12372, Intergovernmental Review of Federal Programs.
You must contact your state's SPOC to find out about and comply with
the state's process under EO 12372. The names and addresses of the
SPOCs are listed on the Office of Management and Budget's (OMB) home
page at http://www.whitehouse.gov/omb/grants/spoc.html. If a review of
your application is required by the state, the submission to the state
needs to occur before the federal application deadline date, but in no
event later than the application deadline date. It is recommended that
you provide the state with sufficient time to review the application.
Therefore, it is important that you consult with the SPOC for the
state's review time frames and take that into account when submitting
the application. If the SPOC requires a review of your application, you
must include in your application a copy of the cover letter you sent to
the SPOC.
2. HUD/RHS Agreement. HUD and the Rural Housing Service (RHS) have
an agreement to coordinate the administration of the agencies'
respective rental assistance programs. As a result, HUD is required to
notify RHS of applications received for housing assistance. This
notification gives RHS the opportunity to comment if it has concerns
about the demand for additional assisted housing and possible harm to
existing projects in the same housing market area. HUD will consider
RHS' comments in its review and application selection process.
E. Funding Restrictions
1. Funding available under this NOFA does not cover the costs of
supportive services, except as provided in Section III.C.1.c. The
services not covered under this section must be paid for through other
sources. If funding has been secured by any third parties, see Section
IV.B.2.c.(2)(c) above.
2. Ineligible Activities. Demonstration Program funds may not be
used for:
a. Nursing homes;
b. Infirmaries;
c. Medical facilities;
d. Mobile homes;
e. Community centers;
f. Headquarters for organizations for the elderly;
g. Nonhousekeeping accommodations (e.g., central dining, but
without private kitchens and/or bathrooms in the residential units);
h. Refinancing of sponsor-owned facilities without rehabilitation;
i. Housing that you currently own or lease that is occupied by
elderly persons; and
j. Projects licensed or to be licensed as assisted-living
facilities.
Note: You may propose to rehabilitate an existing currently
owned or leased structure that does not already serve
intergenerational families, except that the refinancing of any
federally funded or assisted project, or any project insured or
guaranteed by a federal agency, is not permissible under this NOFA.
HUD does not consider it appropriate to utilize scarce program
resources to refinance projects that have already received some form
of assistance under a federal program. (For example, Section 202 or
Section 202/8 direct loan projects cannot be refinanced with capital
advances, demonstration program funds and project rental
assistance.)
3. Development Cost Limits.
a. The following development cost limits, adjusted by locality,
must be used to determine the amount to be reserved for projects for
intergenerational families.
Note: The funding awarded for the project is to be considered
the total amount of funds
[[Page 22772]]
that the Department will provide for the development of the project.
There are no amendment funds available to cover increased costs. You
are responsible for any costs over and above the funding amount
provided by the Department, as well as any costs associated with any
excess amenities and design features.
(1) The amount for the project attributable to dwelling use (less
the incremental development cost and the capitalized operating costs
associated with any excess amenities and design features and other
costs you must pay for) may not exceed:
For nonelevator structures:
$67,202 per family unit with two bedrooms;
$86,020 per family unit with three bedrooms; and
$95,830 per family unit with four bedrooms.
For elevator structures:
$70,893 per family unit with two bedrooms;
$91,712 per family unit with three bedrooms; and
$100,672 per family unit with four bedrooms.
(2) These cost limits reflect those costs reasonable and necessary
to develop a project of modest design that complies with HUD minimum
property standards, the accessibility requirements of Sec. 891.120(b),
and the project design and cost standards of Sec. 891.120 and Sec.
891.210.
b. Increased development cost limits.
(1) HUD may increase the development cost limits set forth above,
by up to 140 percent in any geographic area where the cost levels
require such an increase, and may increase the development cost limits
by up to 160 percent on a project-by-project basis. This increase may
include covering additional costs to make dwelling units accessible
through rehabilitation.
Note: In applying the applicable high-cost percentage, HUD
Headquarters may use a percentage that is higher or lower than that
which is assigned to the jurisdiction of the proposed project if it
is needed to provide an amount that is comparable to what it
typically costs to develop a project in that area.
(2) If HUD finds that high construction costs in Alaska, Guam, the
Virgin Islands, or Hawaii make it infeasible to construct dwellings
within the development cost limits provided in sections IV.E.3.a.(1)
and IV.E.3.b.(1) above without the sacrifice of sound standards of
construction, design, and livability, the amount of the funding may be
increased to compensate for such costs. The increase may not exceed the
limits established under this section (including any high-cost area
adjustment) by more than 50 percent.
4. Commercial Facilities. A commercial facility for the benefit of
the residents may be located and operated in the project. However, the
commercial facility cannot be funded with the use of demonstration
program or PRAC funds. The maximum amount of space permitted for a
commercial facility cannot exceed 10 percent of the total project floor
space. An exception to this 10 percent limitation is if the project
involves acquisition or rehabilitation and the additional space was
incorporated in the existing structure at the time the proposal was
submitted to HUD. Commercial facilities are considered public
accommodations under Title III of the Americans with Disabilities Act
of 1990 (ADA), and thus must comply with all the accessibility
requirements of the ADA.
5. Expiration of Demonstration Program Funds. The Department of
Housing and Urban Development Appropriations Act, 2006, requires HUD to
obligate all Demonstration Program funds appropriated in FY2006 by
September 30, 2009. Under 31 U. S. C. 1551, no funds can be disbursed
from this account after September 30, 2014. The obligation of funds
occurs for the demonstration program funds and project rental
assistance upon fund reservation and acceptance. If all funds are not
disbursed by HUD and expended by the project Owner by September 30,
2014, the funds, even though obligated, will expire and no further
disbursements can be made from this account. Furthermore, all
unexpended balances, including any remaining balance on PRAC contracts,
will be cancelled as of October 1, 2014.
F. Other Submission Requirements
1. Address for Submitting Applications. All applications must be
submitted to http://www.grants.gov/applicants/apply_for_grants.jsp
and be received and validated by Grants.gov no later than 11:59:59 p.m.
eastern time on the application deadline date. To assist applicants in
applying electronically, HUD published its ``Notice of Opportunity to
Register Early and Other Important Information for Electronic
Application Submission via Grants.gov''on March 10, 2008 (73 FR 12751).
The Early Registration Notice provides step-by-step instructions for
applicants that register with Grants.gov and renewal instructions for
those applicants that have previously registered. The early
registration notice can be found at HUD's Web site at http://
www.hud.gov/offices/adm/grants/fundsavail.cfm. The General Section
details the requirements for electronic submission, as well as the
instructions for obtaining a waiver of the electronic submission
requirement.
V. Application Review Information
A. Criteria
Policy Priorities. HUD encourages applicants to undertake specific
activities that will assist the Department in implementing its policy
priorities and that help the Department achieve its strategic goals for
FY2007. Refer to the General Section for information regarding HUD's
Strategic Goals and Policy Priorities. For the demonstration program,
applicants who include work activities that specifically address the
policy priorities of encouraging accessible design features by
incorporating visitability standards and universal design, removing
barriers to affordable housing, promoting energy efficiency in design
and operations, and expanding training and employment opportunities for
low- and very low-income persons and business concerns (Section 3
requirements) will receive additional points. A Notice pertaining to
the removal of barriers to affordable housing was published in the
Federal Register and may be downloaded from the HUD Web site at http://
www.hud.gov/offices/adm/grants/fundsavail.cfm.
Rating Factors. HUD will rate applications under this NOFA that
successfully complete the threshold review using the Rating Factors set
forth below and in accordance with the application submission
requirements identified in Sections IV.B.2. above. The maximum number
of points an application may receive under this NOFA is 102.
1. Rating Factor 1: Capacity of the Applicant and Relevant
Organizational Staff (20 Points)
This factor addresses your capacity to develop and operate a
successful intergenerational housing program in a timely, cost-
conscious, and effective manner. This also addresses your Plan to
provide comprehensive on-site and off-site supportive services,
including your community support, your experience providing similar
services, and the experience of your collaborators. This factor also
addresses your experience in providing housing and/or related services
and your ties to the community at large, to minority and elderly
communities, and to intergenerational housing communities in
particular. Submit information responding to this factor in accordance
with application submission
[[Page 22773]]
requirements in Exhibits 3(a), 3(b), and 3(h) above.
In rating this factor, HUD will consider:
a. (9 points). The scope, extent, and quality of your experience in
providing housing or related services to those proposed to be served by
the project and the scope of the proposed project (i.e., number of
units, services, relocation costs, development, and operation) in
relationship to your demonstrated development and management capacity,
as well as your financial management capability.
b. (5 points). The scope, extent, and quality of your ties to the
community at large, to minority and elderly communities, and to
intergenerational communities in particular.
c. (4 points). The scope, extent, and quality of your Supportive
Services Plan, including your experience in providing housing or
related on-site and/or off-site services to intergenerational families.
d. (1 point). The scope, extent, and quality of the experience of
your collaborating agencies, organizations, businesses, and other
groups in serving intergenerational families.
e. (1 point). The scope, extent, and quality of your proposal to
partner, fund, or subcontract with grassroots organizations. HUD will
consider a ``grassroots organization'' if the organization is
headquartered in the local community and has a social services budget
of $300,000 or less or has six or fewer full-time equivalent employees.
2. Rating Factor 2: Need/Extent of the Problem (15 Points)
This factor addresses the extent to which the intergenerational
dwelling units are needed by the target population. The application
must include evidence of current housing needs among intergenerational
families, including economic and demographic information on such
families. Submit information responding to this factor in accordance
with the application submission requirements in Exhibits 4(a) and 4(b)
above.
In rating this factor, HUD will consider:
a. (10 points). The extent that your application demonstrates the
housing needs of intergenerational families in the community in which
the proposed project will be located and whether the community
currently offers intergenerational housing and, if so, data and other
information evidencing that the proposed project is also needed by
intergenerational families in the community.
b. (3 points). The scope, extent, and quality of your assessment of
the target population and a description of how they were involved in
developing the application, participating with the project's planning
committee, developing the project's operating philosophy, reviewing the
application prior to submission to HUD, and your intent to involve them
in the operation of the project.
c. (2 points). The extent that a connection has been established
between the project and the community's Consolidated Plan, Analysis of
Impediments to Fair Housing Choice (AI), or another planning document
that analyzes fair housing issues and is prepared by a local planning
or similar organization.
3. Rating Factor 3: Soundness of Approach (40 Points)
This factor addresses the quality and effectiveness of your
proposal in developing and operating intergenerational housing; the
individualized case management planned; and the comprehensive, tailored
supportive services to be offered on-site and/or off-site that are
crucial to the success of the project. This factor further addresses
whether the jurisdiction in which the proposed project will be located
has undertaken successful efforts to remove regulatory barriers to
affordable housing; your plans to incorporate energy efficiency in the
design and operation of the proposed project; your plans to provide
training, employment, and economic opportunities to low- and very low-
income persons; and the extent to which you have evidenced general
support for intergenerational housing by participating in your
community's Consolidated Planning Process and involving the target
population in the planning process. For your application to receive
points for this factor, there must also be a relationship between the
proposed activities, the project and community needs, and the purposes
of the funding available under this NOFA. Submit information responding
to this factor in accordance with application submission requirements
in Exhibits 3(c), 3(f), 3(k), 4(c), 4(d), 5, and 6.
In rating this factor, HUD will consider:
a. (10 points). The extent to which the proposed design, including
security, will accommodate all ages being served at reasonable cost.
(Meets needs = 10 points; partially meets needs = 5 points; and does
not meet needs = 0 points)
b. (5 points). The extent to which the staffing plan, written
tenant selection procedures, residency requirements, and other rules
and procedures will be developed, enforced, and communicated to tenants
and identifies the tenant's role in development and enforcement of
these procedures. (Meets needs = 5 points; partially meets needs = 3
points; does not meet needs = 0 points)
c. (5 points). The extent to which the proposed comprehensive on-
site and/or off-site supportive services meet the identified needs of
all ages being served in the intergenerational housing. (Meets needs =
5 points; partially meets needs = 3 points; does not meet needs = 0
points)
d. (4 points). The extent to which you demonstrate that
individualized case management will be provided. (Meets needs = 4
points; partially meets needs = 2 points; does not meet needs = 0
points)
e. (5 points). The suitability of the site from the standpoint of
promoting a greater choice of housing opportunities for minority,
elderly persons/intergenerational families and affirmatively furthering
fair housing. In reviewing this criterion, HUD will assess whether the
site meets the site and neighborhood standards at 24 CFR 891.125(b) and
(c), by examining relevant data in your application or in the local HUD
office. Where appropriate, HUD may visit the site.
(1) The site will be deemed acceptable if it increases housing
choice and opportunity by expanding housing opportunities in
nonminority neighborhoods (if located in such a neighborhood). The term
``nonminority area'' is defined as one in which the minority population
is lower than 10 percent. If the site will be in a minority
neighborhood, the site will be deemed acceptable if it contributes to
the revitalization of and reinvestment in the minority neighborhood,
including improvement of the level, quality, and affordability of
services furnished to minority elderly. When considering sites for your
project, you should refer to the Site and Neighborhood Standards
provisions of the regulations governing the Section 202 Supportive
Housing for the Elderly program (24 CFR 891.125(b) and (c)).
(2) For the purpose of this competition, the term ``minority
neighborhood (area of minority concentration)'' is defined as one where
any of the following statistical conditions exists:
(a) The neighborhood's percentage of persons of a particular racial
or ethnic minority is at least 20 percentage points higher than the
percentage of that particular racial or ethnic minority in the housing
market area. The percentage
[[Page 22774]]
of persons of a particular racial or ethnic minority is at least 20
points higher than the percentage of that minority or a combination of
minorities in the housing market area as a whole;
(b) The neighborhood's total percentage of minority persons is at
least 20 percentage points higher than the total percentage of
minorities for the housing market area;
(c) In the case of a metropolitan area, the neighborhood's total
percentage of minority persons exceeds 50 percent of its population.
f. (2 points). The extent to which the jurisdiction in which your
project will be located has undertaken successful efforts to remove
regulatory barriers to affordable housing and the steps you have taken
to support these efforts.
Note: This is an optional requirement, but to receive up to 2
points for removal of regulatory barriers, applicants must include
in their response the completed questionnaire found in form HUD-
27300 and provide some form of documentation where requested,
including point of contact and Web site references, or submit the
required documentary evidence. (Refer to Section IV.B.2.b.(2)(c)
above and the General Section for more information.)
g. (1 point). The extent to which you describe how you plan to
incorporate energy efficiency activities in the design and operation of
the housing.
h. (2 points). The extent to which you describe how you propose to
provide opportunities to train and employ low- and very low-income
persons in the project area; and how you plan to award contracts to
business concerns that provide economic opportunities to low- and very
low-income persons and people with disabilities in your community.
Note: This is an optional requirement, but to receive up to 2
points, the applicant must have adequately addressed the following
in the application. Refer to the General Section for further
information:
(1) (1 point)--Provide opportunities to train and employ low- and
very low-income residents of the project area.
(2) (1 point)--Award substantial contracts to persons residing in
the area.
i. (5 points). The scope, extent, and quality of your plan for
carrying out the physical construction of the project, including the
time frame.
j. (1 point). The extent to which the proposed design incorporates
visitability standards and/or universal design in the construction or
rehabilitation of the project. Refer to the General Section for further
information.
k. (-1 point). The site(s) is not permissively zoned for the
intended use.
4. Rating Factor 4: Leveraging Resources (15 Points)
This factor addresses your ability to secure other community
resources that can be combined with HUD funds to achieve the purpose of
expanding the supply of intergenerational dwelling units. For your
intergenerational housing project to succeed, you must generate other
funding. Submit information responding to this factor in accordance
with application submission requirements in Exhibits 3(e) and 5 above.
In rating this factor, HUD will consider:
a. (10 points). The extent to which collaborating agencies,
organizations, businesses, and other groups have made commitments to
provide supportive services and/or fund them.
b. (5 points). The extent to which firm commitments of $100,000 or
more in funding other than that available under this NOFA has already
been secured for the project.
5. Rating Factor 5: Achieving Results and Program Evaluation (10
Points)
This factor reflects HUD's goal to embrace high standards of
ethics, management, and accountability. This factor emphasizes HUD's
commitment to ensure that promises you make in the application are
kept; and to ensure that performance goals with outcomes are
established and met. Outcomes may include the extent to which your
project will implement practical solutions that will accommodate all
ages being served, as well as the extent to which the project will be
viable absent HUD funds and rely more on other funding sources. Submit
information responding to this factor in accordance with application
submission requirements in Exhibits 3(i), 3(j), 3(k), 3(l), 6, and 8(i)
of Section IV.B. above. Applicants must complete form HUD-96010,
Program Outcome Logic Model, in responding to this rating factor.
In rating this factor, HUD will consider:
a. (4 points). The extent to which your project's development time
frame adequately reflects the length of time it will take to develop
the project, your full understanding of the development process, and
how residents of all ages will benefit from the project.
b. (2 points). The extent to which your project will implement
practical solutions that will enable residents of the project to meet
the terms and conditions of the lease. This element demonstrates
assisting residents of all ages achieve an improved living environment,
independent living, and educational opportunities.
c. (2 points). The extent to which the project will be viable as
housing with the availability of supportive services for very low-
income intergenerational families, absent HUD funds, while relying more
on other funding sources for the term of the mortgage.
d. (1 point). The extent to which the project's operating
philosophy will involve residents and consider the needs of residents
of all ages.
e. (1 point). The extent to which your past performance evidences
that the proposed project will result in the timely development of the
project. Evidence of your past performance could include the
development of previous construction projects, including, but not
limited to, Section 202 and Section 811.
6. Bonus Points (2 Bonus Points)
The project is located in an RC/EZ/EC-II area.
B. Reviews and Selection Process
1. Review for Curable Deficiencies
You should ensure that your application is complete before
submitting it to HUD. Upon receipt of the applications by HUD staff,
the applications will be screened to determine if there are any curable
deficiencies. A curable deficiency is a missing exhibit or portion of
an exhibit that will not affect the rating of the application. Refer to
the General Section for additional information regarding procedures for
corrections to deficient applications.
With respect to the correction of deficient applications, HUD may
not, after the application deadline date and consistent with HUD
regulations in 24 CFR part 4, subpart B, consider any unsolicited
information you may want to provide. HUD may contact you to clarify an
item in the application or to correct curable deficiencies. Please
note, however, that HUD may not seek clarification of items or
responses that improve the substantive quality of a response to any
rating factors. In order not to unreasonably exclude applications from
being rated and ranked, HUD may contact you to ensure proper completion
of the application and will do so on a uniform basis for all
applicants. In each such case, under this NOFA, HUD will notify you in
writing by describing the clarification or curable deficiency. You must
submit clarifications or responses to curable deficiencies in
accordance with the information provided by HUD within 14 calendar days
of the date of HUD notification. (If the due date falls on a Saturday,
Sunday, or federal holiday,
[[Page 22775]]
your correction must be received by HUD on the next day that is not a
Saturday, Sunday, or federal holiday.) If the deficiency is not
corrected within this time period, HUD will reject the application as
incomplete, and it will not be considered for funding. The following is
a list of deficiencies that will be considered curable in applications
under this NOFA.
------------------------------------------------------------------------
-------------------------------------------------------------------------
Exhibit 1 Form HUD-92910, Application for Demonstration Program for
Elderly Housing for Intergenerational Families.
------------------------------------------------------------------------
Exhibit 2(a) Articles of Incorporation.*
Exhibit 2(b) Bylaws.*
Exhibit 2(c) IRS tax exemption ruling.*
------------------------------------------------------------------------
Exhibit 4(d)(i) Evidence of site control.
Exhibit 4(d)(ii) Evidence site is free of limitations, restrictions or
reverters.
Exhibit 4(d)(iv) Evidence of compliance with URA site notification
requirement.
Exhibit 4(d)(vii) Phase I ESA.
Exhibit 4(d)(viii) Asbestos Statement or Survey.
Exhibit 4(d)(ix) Letter to the State/Tribal Historic Preservation
Officer (SHPO/THPO) and a statement that the SHPO/THPO failed to
respond OR the Letter from the SHPO/THPO.
------------------------------------------------------------------------
Exhibit 7(b) Relocation.
------------------------------------------------------------------------
Exhibit 8(a) Form SF-424, Application for Federal Assistance. You must
include in your application a copy of the cover letter sent to the
SPOC.*
Exhibit 8(b) Standard Form 424 Supplement, Survey on Ensuring Equal
Opportunity for Applicants.
Exhibit 8(c) Form HUD-2880, Applicant/Recipient Disclosure/Update
Report.
Exhibit 8(d) Form HUD-2991, Certification of Consistency with
Consolidated Plan.
Exhibit 8(e) Form HUD-2994-A, You are Our Client Grant Applicant Survey
(optional).
Exhibit 8(f) Standard Form LLL, Disclosure of Lobbying Activities, if
applicable.
Exhibit 8(g) HUD-96010-I, Logic Model.
Exhibit 8(h) HUD-27300, Questionnaire for HUD's Initiative on Removal of
Regulatory Barriers.
Exhibit 8(i) Form HUD-92041, Sponsor's Conflict of Interest Resolution
(owner signs).
Exhibit 8(j) Form HUD-92042, Sponsor's Resolution for Commitment to
Project.
Exhibit 8(k) HUD-96011, Facsimile Transmittal.
Exhibit 8(l) HUD-2990, Certification of Consistency with the RC/EZ/EC
Strategic Plan.
------------------------------------------------------------------------
HUD Headquarters will notify you, in writing, if your application
is missing any of the above exhibits or portions of exhibits and will
provide you with a specified deadline to submit the information
required to cure the noted deficiencies. The exhibits identified by an
asterisk (*) must be dated on or before the application deadline date.
If an exhibit or portion of an exhibit listed above as curable is not
discovered as missing until technical processing, HUD will provide you
with a deadline to cure the deficiency.
2. Threshold Review. Only those applications that meet all
threshold requirements will be eligible to receive further review for
an award of funds. Applications that do not meet the threshold
requirements will be rejected. (See Section III.C.2. above and the
General Section for threshold requirements.)
3. Review Panels. HUD may establish panels to review and rate all
applications that have met the threshold requirements. These panels may
include intergenerational housing experts or consultants not currently
employed by HUD. These individuals may be included to provide certain
expertise. Persons brought into HUD to review applications are subject
to conflict-of-interest provisions. See the General Section for
additional information.
4. Rating. HUD will review and rate your application in accordance
with the Review and Selection Process in the General Section, except as
described in ``5. Appeal Process'' found below. Your application will
be either rated or technically rejected at the end of technical review.
If your application meets all program eligibility requirements after
completion of technical review, it will be rated according to the
rating factors in Section V.A. above.
5. Appeal Process. HUD will not reject your application based on
technical review without notifying you of that rejection with all the
reasons for that rejection, and providing you with an opportunity to
appeal. You will have 14 calendar days from the date of HUD's written
notice to appeal a technical rejection to HUD Headquarters. In HUD's
review of any appeal, it should be noted that in conformance with its
regulations at 24 CFR part 4, subpart B, HUD will not consider any
unsolicited information that you, the applicant, may want to provide.
HUD Headquarters will make a determination on an appeal before
finalizing selection recommendations.
6. Ranking and Selection Procedures. Applications submitted in
response to this NOFA that meet all of the applicable threshold
requirements of the General Section and this NOFA and have a total base
score of 75 points or more (without the addition of the RC/EZ/EC-II
bonus points) are eligible for selection. Any bonus points the
application receives for RC/EZ/EC-II will be added to the total base
score of 75 points or more. Not less than two and not more than four of
these applications will be selected based on rank order; however, HUD
reserves the right to fund out of rank order based on national
geographical diversity, the ability of the applicant to develop and
operate intergenerational dwelling units, and ratio of funds requested
to remaining fund amounts.
7. Tie. In the event of a tie, HUD Headquarters will make its
selection based on the following:
a. National geographical diversity.
b. The ability of the applicant to develop and operate
intergenerational dwelling units;
c. The application that demonstrates the most need in the project
location, based on verifiable statistical data contained in the
application.
d. Amount of funds requested.
e. The date and time when the application was received.
VI. Award Administration Information
A. Award Notices
1. Agreement Letter. If you are selected to receive an
intergenerational housing fund reservation, you will receive an
Agreement Letter that stipulates the terms and conditions for the fund
reservation award, as well as the submission requirements following the
fund reservation award. The duration of the fund reservation award for
the funds is 18 months from the date of issuance of the fund
reservation. Immediately upon your acceptance of the Agreement Letter,
you are expected to begin work towards the submission of a Firm
Commitment Application, which is the next application submission stage.
You are required to submit a Firm Commitment Application to HUD
Headquarters within 180 days from the date of the Agreement Letter.
Initial closing of the program funds and start of construction of the
project are expected to be accomplished within the duration of the fund
reservation award. Final closing of the program funding is expected to
occur no later than 6 months after completion of project construction.
2. Non-selection Letters. If your application is approvable but
unfunded due to insufficient funds or receives a rating that is below
the minimum threshold score established for funding eligibility, you
will get a letter to that effect.
3. Adjustments to Funding. HUD will not fund any portion of your
application that is not eligible for funding under specific program
statutory or regulatory requirements; that does not meet the
requirements of this NOFA; or that may be duplicative of other funded
programs or activities. Only the eligible portions
[[Page 22776]]
of your application (excluding duplicative portions) may be funded.
4. Applicant Debriefing. All requests for debriefing must be made
in writing and submitted to HUD Headquarters. Refer to the General
Section for further information regarding debriefings, except that the
request for a debriefing must be made to: Aretha Williams, Director,
Grant Policy and Management Division, Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410-8000.
B. Administrative and National Policy Requirements
1. Ensuring the Participation of Small Businesses, Small
Disadvantaged Businesses, and Women-Owned Businesses. Although the
Section 202 program is not subject to the provisions of 24 CFR
85.36(e), as described in the corresponding paragraph in the General
Section, you are required to comply with Executive Order 12432,
Minority Business Enterprise Development, and Executive Order 11625,
Prescribing Additional Arrangements for Developing and Coordinating a
National Program for Minority Business Enterprise, as they relate to
the encouragement of HUD grantees to utilize minority business
enterprises.
2. Acquisition and Relocation. You must comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (49 CFR part 24 and 24 CFR 891.155(e)) (URA), which
covers the acquisition of sites, with or without existing structures;
and with 24 CFR 8.4(b)(5) of the Section 504 regulations, which
prohibits discrimination based on disability in determining the site or
location of a federally assisted facility. However, you are exempt from
complying with the site acquisition requirements of the URA if: (1) You
do not have the power of eminent domain, and (2) prior to entering into
a contract of sale, option to purchase, or any other method of
obtaining site control, you inform the seller of the land in writing:
(a) that you do not have the power of eminent domain and, therefore,
you will not acquire the property if negotiations fail to result in an
amicable agreement, and (b) of the estimate of the fair market value of
the property. An appraisal is not required to meet this requirement;
however, your files must include an explanation (with reasonable
evidence) of the basis for the estimate. Evidence of compliance with
this advance notice requirement must be included in Exhibit 4(d)(iv) of
your application.
3. Flood Disaster Protection Act of 1973 and Coastal Barrier
Resources Act. You must comply with the requirements under the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4001-4128) and the Coastal
Barrier Resources Act (16 U.S.C. 3601).
4. Environmental Impact. A Finding of No Significant Impact with
respect to the environment has been made for this notice, in accordance
with HUD regulations at 24 CFR part 50 that implement Section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332
(2)(C)). The Finding of No Significant Impact is available for public
inspection between 8 a.m. and 5 p.m., except federal holidays, in the
Office of General Counsel, Regulations Division, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 10276, Washington,
DC 20410-0500.
C. Reporting
1. The Program Outcome Logic Model (form HUD-96010) must be
completed, indicating the results achieved against the proposed output
goal(s) and proposed outcome(s) that you stated in your approved
application and that were agreed upon by HUD. HUD is considering a new
concept for the Logic Model--a Return on Investment (ROI) statement.
HUD will be publishing a separate notice on the ROI concept.
These reporting requirements are to be submitted to HUD as follows:
Program Outcome Logic Model. You are required to report annually,
beginning from the date of the Agreement Letter, on the results
achieved against the output goal(s) and outcome(s) that you proposed in
the Program Outcome Logic Model submitted in your application.
2. Racial and Ethnic Data. HUD requires that funded recipients
collect racial and ethnic beneficiary data. HUD has adopted OMB's
Standards for the Collection of Racial and Ethnic Data. In view of
these requirements, applicants should use form HUD-27061, Race and
Ethnic Data Reporting Form, found on http://www.HUDclips.org.
The Regulatory Agreement requires the Owner of the
Intergenerational Housing project to submit an annual financial
statement for the project. This financial statement must be audited by
an Independent Public Accountant who is a Certified Public Accountant
or by another person acceptable to HUD and filed electronically with
HUD's Real Estate Assessment Center (REAC) through the Financial
Assessment Subsystem for Multifamily Housing (MF-FASS). The submission
of annual financial statements is required throughout the term of the
mortgage.
VII. Agency Contacts
For Technical Assistance. For technical assistance in downloading
an application package from http://www.grants.gov/applicants/apply_
for_grants.jsp, contact the Grants.gov help desk at 800-518-GRANTS
(800-518-4726), or send an e-mail to support@grants.gov. For
programmatic information, you may telephone Aretha Williams at (202)
708-3000 or Claire Trivedi at (202) 402-6634 (these are not toll-free
numbers) or access the Internet at http://www.hud.gov/offices/adm/
grants/fundsavail.cfm. Persons with hearing and speech impairments may
access the above numbers via TTY by calling the Federal Information
Relay Service at 800-877-8339 (this is a toll-free number).
VIII. Other Information
A. The Paperwork Reduction Act. The information collectio