[Federal Register: June 22, 2009 (Volume 74, Number 118)]
[Notices]
[Page 29504-29510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn09-93]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5332-N-01]
Proposed Notice of Funding Availability (NOFA) for HUD's Fiscal
Year (FY) 2009 Rental Assistance for Non-Elderly Persons With
Disabilities; Request for Comments
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed notice of HUD's Fiscal Year 2009 Notice of Funding
Availability (NOFA) for Rental Assistance for Non-Elderly Persons with
Disabilities and request for comments.
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SUMMARY: The Omnibus Appropriations Act, 2009 (Pub. L. 111-8) makes
available $30 million for incremental Section 8 Housing Choice Vouchers
(HCV) for non-elderly disabled families served by entities (which this
NOFA will limit to public housing agencies (PHAs)) with demonstrated
experience and resources for supportive services). This money should
fund approximately 4,000 HCVs. Approximately 25 percent ($7,500,000 and
1,000 HCVs) will be made available for non-elderly families
transitioning out of nursing homes and other institutions into the
community. To permit the Department to better design the distribution
of this assistance, particularly as it relates to transitioning non-
elderly disabled families out of nursing homes and other institutions
and the NOFA's tie-in to the Money Follows the Person (MFP)
Demonstration administered by the Department of Health and Human
Services, HUD is soliciting public comment. Comments addressing the
threshold factors used to distribute this assistance and whether HUD
should establish a more performance-based method for distributing
vouchers, and how the State institutional transition programs such as
the MFP Demonstration can work effectively with the PHAs that are
awarded vouchers for this purpose are also welcome. All comments will
be considered during the development of the final NOFA published by
HUD.
DATES: Comment Due Date: July 13, 2009.
ADDRESSES: Interested persons are invited to submit comments to the
U.S. Department of Housing and Urban Development, Office of Public and
Indian Housing, Housing Voucher Management and Operations Division, 451
7th Street, SW., Room 4210, Washington, DC 20410, ATTN: Phyllis
Smelkinson. Individuals interested in submitting comments
electronically may forward them by e-mail to NEDVoucherNOFA@hud.gov.
All comments must refer to the above docket number and title. Facsimile
(FAX) comments will not be accepted.
FOR FURTHER INFORMATION CONTACT: Questions regarding specific HCV
program requirements should be directed to Phyllis Smelkinson by phone
at (202) 402-4138 or by e-mail at Phyllis.A.Smelkinson@hud.gov or the
NOFA Information Center at (800) HUD-8929 (toll-free). Persons with
hearing or speech impairments may access these numbers via TTY by
calling the Federal Information Relay Service at (800) 877-8339. The
NOFA Information Center is open between the hours of 10 a.m. and 6:30
p.m. eastern time, Monday through Friday, except Federal holidays.
Overview Information
A. Federal Agency Name: Department of Housing and Urban
Development, Office of Public and Indian Housing.
B. Funding Opportunity Title: Rental Assistance for Non-Elderly
Persons With Disabilities.
C. Announcement Type: Initial announcement.
D. Funding Opportunity Number: OMB Approval Numbers applicable to
this NOFA are 2577-0169 and 2577-0083
E. Catalog of Federal Domestic Assistance (CFDA) Number(s): 14.871,
Section 8 Housing Choice Vouchers.
F. Dates:
1. Application Receipt Requirements and Date: HUD is not currently
accepting applications for this assistance. HUD will require applicants
to submit applications electronically through Grants.gov. Please see
the Notice of HUD's Fiscal Year (FY) 2009 Notice of Funding
Availability (NOFA); Policy Requirements and General Section to HUD's
FY 2009 NOFAs for Discretionary Programs (General Section) published in
the Federal Register on December 29, 2008 (73 FR 79548), for
information on the Grants.gov registration process. All applicants must
have a DUN and Bradstreet Universal Numbering System (DUNS) number,
have a current registration in the Central Contractor Registration
(CCR), and be registered with Grants.gov to submit an application
electronically. All applicants regardless of submission through
Grants.gov or in paper format must have a DUNS number and be registered
in CCR to receive an award of funds from HUD. See the General Section
for further details.
2. Estimated Grant Award Date. The estimated award date will be
included in the final NOFA published by HUD.
G. Additional Important Overview Information:
1. Approximately $22,500,000 that will support about 3,000 HCVs
under this NOFA will enable non-elderly disabled families on a PHA's
waiting list to access affordable housing (Category 1). Approximately
$7,500,000 that will support about 1,000 HCVs under this NOFA will
enable non-elderly persons with disabilities to transition from nursing
homes and other health care institutions into the community (Category
2). Individuals in Category 2 must be admitted from the PHA's waiting
list and assisted through a preference as stated in the PHA's
Administrative Plan for transitioning persons from institutions. Any
non-elderly disabled family or individual on the PHA waiting list is
eligible for a Category 1 voucher, however, HUD encourages PHAs to
consider establishing a selection preference to make some or all of its
Category 1
[[Page 29505]]
allocation available to disabled families or individuals that without
housing assistance, are at risk of institutionalization.
2. Application materials. The FY2009 General Section and Notice of
Funding Availability (NOFA) and application materials will be available
for download via the Federal portal http://www.grants.gov at http://
www.grants.gov/applicants/apply_for_grants.jsp.
Full Text of Announcement
I. Funding Opportunity Description
A. Available Funds
This NOFA announces the availability of $30 million in one-year
budget authority for HCVs for non-elderly disabled families which
should fund approximately 4,000 vouchers. Of that amount, $22,500,000
will be allocated for non-elderly disabled families on the PHA's
waiting list and up to $7,500,000 will be allocated for non-elderly
disabled families transitioning from nursing homes and other
institutions into the community. Any funds remaining unobligated under
HUD's FY 2008 NOFAs entitled ``Rental Assistance for Non-Elderly
Persons with Disabilities in Support of Designated Housing Plans
(Designated Housing)'' (November 28, 2008, 73 FR 72513) or ``Rental
Assistance for Non-Elderly Persons with Disabilities Related to Certain
Types of Section 8 Project-Based Developments and Sections 202,
221(d)(3), and 236 Developments (Certain Developments)'' (November 28,
2008, 73 FR 72507) will also be made available under this NOFA under
Category 1. (Pursuant to the Consolidated Appropriations Act, 2008, any
funds still remaining unobligated under the aforementioned NOFAs will
be available for other non-elderly disabled families through a
subsequent NOFA. Based on that authority, if there are any funds still
remaining unobligated under those NOFAs, that funding will be assigned
to Category 1 under this NOFA.)
B. Purpose of This Program
HCVs under this NOFA will enable non-elderly disabled families to
access affordable housing.
C. Legal Authority
See SUMMARY section above.
D. Definitions of Terms
The following definitions apply to funding available under this
NOFA.
1. Elderly Family
A family whose head, spouse, or sole member is 62 years or older.
It may include two or more elderly persons living together, or one or
more elderly persons living with one or more persons determined under
the public housing agency plan to be essential to their care or well
being.
2. Non-elderly Disabled Family
A family that does not meet the definition of an elderly family
whose head, spouse, or sole member is a person with disabilities.
3. Person With Disabilities
See definition under 24 CFR 5.403.
4. Nursing Homes and/or Other Institutions
This definition includes intermediate care facilities and
specialized institutions that care for the mentally retarded,
developmentally disabled or mentally ill, but excludes board and care
facilities (e.g. adult homes, adult day care, adult congregate living).
For full definitions of these eligible facilities, please reference
Chapter 2 of Handbook 4600.1 REV-1: Section 232 Mortgage Insurance for
Residential Care Facilities.
II. Award Information
A. HCV Funding Process
For each category, HUD will only fund one application per PHA under
this announcement. This one-application-per-PHA limit under each
category applies regardless of whether or not the PHA is a State or
regional PHA. A PHA may submit an application for funding under
Category 1 and an application for funding under Category 2.
1. Maximum Voucher Request
A PHA may apply for a total of 10 percent of its HCV authorized
baseline units or 200 vouchers, whichever is less. The PHA may apply
for both categories under this NOFA, but may not exceed the maximum
voucher request. A separate application must be submitted for each
category. For Category 2, the number of vouchers requested by the PHA
may not exceed the number of vouchers that the partnering resource
agency is projecting will be needed to assist transitioning individuals
over a 12-month period (see section IV.B.2.f. of this NOFA).
2. Determination of Funding Amount for the Applicant's Requested Number
of Vouchers
HUD's Housing Voucher Financial Management Division will determine
the amount of one-year budget authority that an applicant will be
awarded under this NOFA based on the PHA's per unit cost for 2009
renewal funding or 2010 renewal funding, depending on the most recently
available data. Administrative fees are not included in this funding
and will be determined in accordance with section 10 of Public and
Indian Housing (PIH) Notice 2008-15 (HA) or a subsequent administrative
fee notice (a copy of all PIH notices referenced in this NOFA may be
downloaded at http://www.hudclips.org). PIH Moving to Work (MTW)
agencies will be funded under this NOFA in accordance with their MTW
agreements.
3. Unfunded Approvable Applications
PHAs with approvable applications that are not funded in whole or
in part due to insufficient funds available under this NOFA will not be
funded.
III. Eligibility Information
A. Eligible Applicants
PHAs that currently administer a HCV program are eligible to apply
for funding under this NOFA.
B. Cost Sharing or Matching
None required.
C. Other Requirements
1. Eligible Activities
HCVs awarded under this NOFA will be subject to all of the
requirements of 24 CFR part 982. MTW agencies may administer these
vouchers in accordance with their MTW agreements unless they are
inconsistent with Appropriations Act requirements or the requirements
of this NOFA. The Omnibus Appropriations Act of 2009 states that
assistance made available under this section of the Act shall continue
to remain available for non-elderly families upon turnover. Therefore,
upon turnover, these vouchers (both Category 1 and Category 2, as
defined below, must be made available only to non-elderly disabled
families on the PHA's waiting list. Note that a Category 2 voucher does
not necessarily have to be issued to another Category 2 family upon
turnover, but must be re-issued to a non-elderly disabled family.
2. Threshold Requirements
a. All applicants must meet all threshold requirements provided in
Section III.C of the General Section except for Section III.C.2.d and
Section III.C.4.b., where the requirements under this NOFA are
applicable as follows:
(1) Section III.C.2.d. (Conducting Business in Accordance with Core
[[Page 29506]]
Values and Ethical Standards). To reflect core values, all applicant
PHAs awarded under this NOFA shall develop and maintain a written code
of conduct in the PHA's administrative plan that: (a) Requires
compliance with the conflict of interest requirements of the HCV
program cited in 24 CFR 982.161; and (b) Prohibits the solicitation or
acceptance of gifts or gratuities in excess of a nominal value by an
officer or employee of the HA or any contractor, subcontractor, or
agent of the PHA. The PHA's administrative plan shall state the PHA
policies concerning PHA administrative and disciplinary remedies for
violation of the PHA code of conduct. The PHA shall inform all
officers, employees and agents of its organization of the PHA's code of
conduct.
(2). Section III.C.4.b. (Affirmatively Furthering Fair Housing).
Prior to the application due date under this NOFA, each applicant must
submit to the public housing director in the applicant's local HUD
field office an addendum to the applicant's HCV administrative plan
that outlines reasonable steps the applicant will take to affirmatively
further fair housing in regard to the vouchers awarded under this NOFA.
Reasonable steps must include informing affected applicants on how to
file a fair housing complaint including the provision of the toll free
number for the Housing Discrimination Hotline: 1-800-669-9777 and the
Federal Information Relay Service at (800) 887-8339.
Further, an applicant must comply with the affirmatively furthering
fair housing requirements of 24 CFR Section 903.7(o) by: (a) Examining
its programs or proposed programs; (b) identifying any impediments to
fair housing choice within those programs; (c) addressing those
impediments in a reasonable fashion in view of the resources available;
(d) working with local jurisdictions to implement any of the
jurisdiction's initiatives to affirmatively further fair housing that
require the PHA's involvement; and (e) maintaining records reflecting
these analyses and actions. Further, applicant PHAs are encouraged to
take the following proactive steps in addressing accessibility problems
for persons with disabilities: (f) Where requested by an individual,
assist program applicants and participants gain access to supportive
services available within the community, but not require eligible
applicants or participants to accept supportive services as a condition
of continued participation in the program; (g) Identify public and
private funding sources to assist participants with disabilities in
covering the costs of structural alterations and other accessibility
features that are needed as accommodations for their disabilities; (h)
Not deny persons who qualify for a HCV under this program other housing
opportunities, or otherwise restrict access to PHA programs to eligible
applicants who choose not to participate; (i) Provide housing search
assistance; (j) In accordance with rent reasonableness requirements,
approve higher rents to owners that provide accessible units with
structural modifications for persons with disabilities; and (k) Provide
technical assistance, through referrals to local fair housing and equal
opportunity offices, to owners interested in making reasonable
accommodations or units accessible to persons with disabilities.
b. Applications under this NOFA must also meet the following
threshold requirements to be eligible for funding under this NOFA.
(1) Each applicant must meet the PIC reporting requirements of 95
percent under PIH Notice 2007-29(HA) that will be assessed for the
month immediately preceding the month in which the applications under
this NOFA are due. MTW agencies must meet a reporting requirement of 85
percent, consistent with existing MTW reporting requirements.
(2) Each applicant must have achieved points (15 or 20) under the
Section 8 Management Assessment Program (SEMAP) leasing indicator (24
CFR 985.3(n)) and not be designated as troubled for its most recent
assessed fiscal year. MTW agencies that are not required to report
under SEMAP shall be held to the 95 percent lease-up and budget
authority utilization requirements referenced above. These MTW agencies
are required to submit a certification with their application
certifying that they are not required to report under SEMAP, and that
they meet the 95 percent lease-up or budget authority utilization
requirements.
(3) The PHA applicant must not have any major unresolved program
management findings from an Inspector General audit, HUD management
review or Independent Public Accountant (IPA) audit for the PHA's HCV
program or other significant program compliance problems (such as fair
housing and/or civil rights violations or findings) that were not
resolved or in the process of being resolved (as determined by the
local field office) prior to this NOFA's application deadline. Major
program management findings, or significant program compliance
problems, are those that would cast doubt on the capacity of the
applicant to effectively administer any new HCV funding in accordance
with applicable HUD regulatory and statutory requirements.
(4) The PHA must not be involved in litigation where HUD determines
that the litigation may seriously impede the ability of the applicant
to administer the vouchers.
(5) The PHA must demonstrate experience and resources for
supportive services (See Section IV.B.e. and Section IV.B.f.).
3. Eligible Participants
Non-elderly disabled families that are income eligible under 24 CFR
982.201(b)(1).
4. Environmental Review
In accordance with 24 CFR 50.19(b)(11) and 58.35(b)(1) of the HUD
regulations, tenant-based rental activities under this program are
categorically excluded from the requirements of the National
Environmental Policy Act of 1969 (NEPA) and are not subject to
environmental review under the related laws and authorities. Activities
under the homeownership option for existing units and for units under
construction at the time the family enters into the contract for sale
are categorically excluded from NEPA requirements and excluded from
other environmental requirements under 24 CFR Section 58.5 in
accordance with 24 CFR Section 58.35(b)(5), but PHAs are responsible
for the environmental requirements in 24 CFR Section 982.626(c). With
regard to activities under the homeownership option for units not yet
under construction at the time the family enters into the contract for
sale, the additional environmental review requirements referenced in 24
CFR Sections 982.628(e), 982.631(c)(3) and 982.637(b) also apply in
addition to Section 982.626(c), and the PHA shall submit all relevant
environmental information to the responsible entity or to HUD to assist
in the completion of those requirements.
IV. Application and Timely Receipt Information
HUD is not currently accepting applications. The information
presented in this Section IV is offered to provide individuals
interested in submitting public comment to consider HUD's proposed
application procedures.
A. Addresses to Request Application Package
This section describes how the applicant may obtain application
forms, additional information about the
[[Page 29507]]
General Section, and how to obtain technical assistance.
1. Copies of this published NOFA and related application forms may
be downloaded from the Grants.gov Web site at http://www07.grants.gov/
applicants/apply_for_grants.jsp. If the applicant has difficulty
accessing the information, it may receive customer support from
Grants.gov by calling the help line at (800) 518-GRANTS ((800) 518-
4726) or by sending an e-mail to support@grants.gov. The operators will
assist the applicant in accessing the information. If the applicant
does not have Internet access and need to obtain a copy of this NOFA,
it can contact HUD's NOFA Information Center toll-free at (800) HUD-
8929. Persons with hearing or speech impairments may call the Federal
Information Relay Service at (800) 877-8339.
B. Content of Application Under This NOFA
Each PHA must complete the following forms:
1. Form SF-424, Application for Federal Assistance. Every
application must contain a SF-424 as the cover page to the application.
When completing this form, the Federal Identifier requested in section
5a is the PHA's five digit number (e.g., MD035 or AK002). PHA
applicants should estimate proposed start date and end date in section
17. In Section 18 (Estimated Funding), complete only 18.a and 18.g. The
amount entered in both fields should be the total number of vouchers
requested in Section B of the form HUD-52515 times the housing
assistance payments per unit cost for 2009 HCV renewal funding or 2010
HCV renewal funding, depending on the most recent available data.
2. Form HUD-52515, Funding Application, Section 8 Tenant-Based
Assistance, Rental Certificate Program, Rental Voucher Program. A
separate application must be submitted for Category 1 and Category 2 if
the PHA wants to request HCVs under both categories. When completing
this form, only complete the box for total dwelling units under
vouchers in section B. Do not complete sections A or C. In section D of
the form, the PHA applicant must provide the following information:
a. The category of funding (Category 1 or Category 2).
b. The number of authorized baseline HCV units.
c. The number of HCVs requested.
d. The minimum number of vouchers the PHA is willing to accept
under this category if selected under a lottery system.
e. To demonstrate PHA experience:
(1) At least 20 percent of the PHA's HCVs are used by non-elderly
disabled families as reflected in PIC for the end of the month prior to
the submission date; or
(2) The PHA has a preference on its waiting list for non-elderly
disabled families as recorded in its administrative plan as documented
by that section of the administrative plan attached to the application;
or
(3) The PHA has been previously funded for one of the following
special purpose voucher allocations: Rental Assistance for Non-Elderly
Persons with Disabilities in Support of Designated Housing Plans;
Rental Assistance for Non-Elderly Persons with Disabilities Related to
Certain Types of Section 8 Project-Based Developments; Mainstream
Housing Opportunities for Persons with Disabilities and the Project
Access Pilot Program.
f. To demonstrate that the applicant PHA has resources for
supportive services for non-elderly disabled families, the applicant
PHA must describe those resources in full detail in this section. In
addition, for Category 2, the PHA must identify the partnering resource
agency and describe the provision of supportive services for a
transitioned person. The PHA must also specify the number of vouchers
that the partnering resource agency is projecting will be needed to
assist transitioning individuals over a 12-month period. The number of
vouchers requested by the PHA under Category 2 may not exceed this
number.
Supportive services for Category 2 vouchers must include the
provision of care/case management, in addition to the needed health and
social services. These services are usually funded through the State
Medicaid program and provided by local home care agencies. In 29 States
and the District of Columbia, the Medicaid programs have been awarded
demonstration funds from the U.S. Department of Health and Human
Services (HHS) to provide the needed supportive services a transitioned
person needs to live safely and as independently as possible in the
community (the Money follows the Person (MFP) demonstration). For a
person who is transitioning under this demonstration, the contact
partnering resource agency is the MFP program within the State Medicaid
program. More information on MFP can be found at http://
www.cms.hhs.gov/DeficitReductionAct/20_MFP.asp. All persons that are
transitioning as a MFP participant are guaranteed to receive the needed
health and social services. Therefore, the only resource documentation
that is needed in these instances is evidence of MFP participation by
the partnering resource agency.
For PHAs located in States not participating in the MFP
demonstration, the PHA should contact the State Medicaid Program to
determine if similar supportive services and individual referrals will
be made available for these Category 2 vouchers. A PHA that is not
located in a State participating in the MFP demonstration must describe
the resources that will be made available to the transitioning
individual by the partnering resource agency if the PHA is applying for
voucher funding under Category 2.
During the 60-day preparation period for submission of this NOFA,
HUD in collaboration with the U.S. Department of Health and Human
Services will provide information, outreach and technical assistance to
PHAs interested in applying for Category 2 vouchers.
3. Form HUD-2880, Applicant/Recipient Disclosure/Update Report;
4. Form HUD-2993, Acknowledgment of Application Receipt only
required if paper application;
5. Form HUD-2991, Certification of Consistency with the
Consolidated Plan, or a copy of the signed PHA Certification of
Compliance for its current Annual PHA Plan; and
6. SF-LLL, Disclosure of Lobbying Activities, if applicable.
7. You Are Our Client Grant Application Survey (HUD-2994-A)
(Optional); and
8. HUD Facsimile Transmittal (HUD-96011, Third Party Documentation
Facsimile Transmittal).
C. Receipt Instructions
Applications under this NOFA must be received electronically
through the Federal Web site Grants.gov, unless a waiver of this
requirement is granted in accordance with the instructions below. The
procedures for electronic submission of applications published in HUD's
General Section on December 29, 2008 (73 FR 79548) including the
provisions at Section IV.C., entitled ``Receipt Dates and Times,''
removed by HUD's Amendment to the General Section published on April
16, 2009 (74 FR 17685) are reinstated and apply to this NOFA.
Applicants must follow the instructions on the December 29, 2008
General Section, unless a waiver for cause in accordance with HUD's
waiver policy of 24 CFR 5.1005, to the electronic application
requirements is approved by HUD. Applicants requesting a waiver should
submit their waiver requests in writing using e-mail or fax. Waiver
requests must be submitted no later than 15 days prior to
[[Page 29508]]
the application deadline date and must be submitted in writing or by e-
mail to Phyllis A. Smelkinson, Housing Program Specialist, Housing
Voucher Management, Office of Public and Indian Housing, U.S.
Department of Housing and Urban Development, 451 7th Street, SW.,
Washington, DC 20410. You can e-mail requests to Ms. Smelkinson at
Phyllis.A.Smelkinson@hud.gov. The subject line of the e-mail message
should be (insert applicant name) FY09 Rental Assistance for Non-
Elderly Persons with Disabilities Waiver Request. If an applicant is
granted a waiver, then the approval will provide instructions for
submitting paper copies to the appropriate HUD office. All paper
applications must be received by the application deadline date to meet
the requirements for timely receipt.
Paper applications will not be accepted from applicants that have
not been granted a waiver. If an applicant is granted a waiver, the
approval notice will provide instructions for submission. All
applications in paper format must have received a waiver to the
electronic application requirement and the application must be received
by HUD on or before the application deadline date.
1. The application deadline for receipt of HUD applications via
Grants.gov is 11:59:59 p.m. on XXXX, 2009. Applications must be
received by Grants.gov by the deadline in order to meet the program
deadline. Received means that the application has been successfully
uploaded to the Grants.gov server and the applicant has received
confirmation of successful submission to Grants.gov. Applicants should
be aware that hitting the ``sign and submit'' button to transmit the
application does not mean the application has been successfully
uploaded to Grants.gov. Only when the upload is complete is the
application date and time stamped by the Grants.gov system. An
application that has been rejected by Grants.gov is not deemed to have
been received by Grants.gov. (Please see Section D.1. of the General
Section for a detailed explanation of Timely Receipt Requirements and
Proof of Timely Receipt.) As in the past, HUD encourages applicants to
submit their applications early and with sufficient time to address any
issues that might affect the applicant's ability to have an application
successfully uploaded and received by Grants.gov.
In FY 2009, HUD is establishing a one-day grace period from the
date of notification of a rejection from Grants.gov, to allow
applicants that successfully upload an application to Grants.gov prior
to the deadline date and time, but receive a rejection notice after the
deadline date and time, to cure the reason for rejection and re-upload
the application to Grants.gov. The paragraphs below describe HUD's
Grace Period Policy for FY2009.
a. Applicants that have successfully uploaded their application to
Grants.gov prior to the deadline, and subsequently receive a rejection
notice from Grants.gov after the deadline date and time, will have a
one-day grace period from the date stamp on the first Grants.gov
rejection notice after the deadline, to cure the basis for the
rejection and upload an application that corrects the problems cited in
the rejection notice. Applicants can upload the application as many
times as needed to cure noted deficiencies within the one-day grace
period. The Grants.gov rejection notice identifies the reasons why the
application was rejected. Applicants that do not understand the error
messages received in the rejection notice should immediately contact
the Grants.gov Help Desk so they can get assistance in clearing the
problem. Generally, Grants.gov will reject an application because it
contains an incorrect DUNS number or a DUNS number that does not match
the AOR's registration, the application was submitted by an individual
without proper authorization as the AOR, and/or the application
contains file names that trigger a ``VirusDetect'' message. The grace
period ends one day after the date stamp on the first rejection notice
received after the deadline date.
Warning: Applications that contain file names which are longer than
50 characters (HUD recommends using file names with 32 characters or
less), or contain spaces or special characters, will result in the file
being detected as a virus by the Grants.gov system and the application
will be rejected with a ``VirusDetect'' message. In FY2008, the use of
spaces and special characters in file names, and the use of file names
which were longer than fifty characters, resulted in the most instances
of an applicant receiving a ``VirusDetect'' rejection. Applicants
should also scan files for viruses because the Grants.gov system will
also reject files with viruses.
Applications received by Grants.gov, including those received
during the grace period, must be validated by Grants.gov to be rated or
ranked or receive funding consideration by HUD. HUD will use the date
and time stamp on the Grants.gov system to determine dates when the
grace period begins and ends.
b. Applications uploaded to Grants.gov after the deadline date
under the following circumstances do not qualify for the grace period
and will not be considered for funding:
(1) Applications uploaded and received by Grants.gov after the
deadline date and time for which there is no prior rejection notice in
the Grants.gov system logs will be considered late and will not be
rated and ranked or receive funding consideration. Failure to
successfully upload the application to Grants.gov by the deadline date
and time does not qualify for the grace period as described above.
(2) Applications receiving a rejection notice due to the funding
opportunity being closed will not be provided the one day grace period
to correct the ``opportunity closed'' deficiency or any other basis for
rejection because the applicant missed the deadline date and time and
therefore does not qualify for the grace period as described above.
(3) If an application is uploaded during the grace period and is
subsequently rejected after the grace period ends, the applicant will
not be afforded additional time to correct the deficiency(ies) noted in
the rejection notice.
c. The grace period ends at 11:59:59 p.m. one day from the date
stamp on the first rejection notice issued by the Grants.gov system to
the e-mail address provided in the Grants.gov registration. Applicants
must ensure that their e-mail notification address contained in the
Grants.gov registration is up-to-date. Neither HUD nor Grants.gov will
be responsible if e-mail messages are not received at the address
listed in the registration process. Applicants must also ensure that
their e-mail systems will accept messages from Grants.gov. Applicants
are responsible for monitoring their e-mail messages. Messages from
Grants.gov come from Support@grants.gov.
d. The only exceptions to HUD's grace period policy are:
(1) The Grants.gov system is down and not available to applicants
for at least 24 hours prior to the deadline date, or the system is down
for 24 hours or longer, impacting the ability of applicants to cure a
submission deficiency within the grace period; and/or
(2) There is a presidentially declared disaster in the applicant's
area. In the event of either or both of these events, HUD will publish
a notice extending the deadline or cure period, for applicants
affected, as appropriate.
e. Busy servers or slow processing are not the basis for HUD to
extend the deadline dates or the grace period.
[[Page 29509]]
Applicants are advised to monitor the Grants.gov system using the
Grants.gov blog at http://grants-gov.blogspot.com/. The Grants.gov blog
provides information on server capacity, traffic on the Grants.gov
site, and other Federal grant closings each day. Applicants should
monitor the site and take into account the amount of traffic on the
site when applying.
2. An applicant will not be provided additional opportunities to
correct rejection errors if an application is rejected after the one-
day grace period has expired.
As with any electronic system, applicants may experience issues
when attempting to submit their application which does not permit the
uploading of the application to Grants.gov. Such issues can be due to
firewall and virus protection software that the applicant has placed on
their system or network; proxy and cache settings; Internet traffic;
limitation on the size of the files attempting to be transmitted
established at the applicant's site or by the applicant's Internet
provider; Grants.gov servers experiencing busy traffic; or any number
of issues. Therefore, HUD strongly advises applicants to submit their
applications at least 48 hours prior to the deadline and when the
Grants.gov Help Desk is open so that assistance can be provided.
Assistance may require diagnosing an applicant's particular issues. An
applicant that does not follow HUD's advice increases the applicant's
risk of not being able to meet the timely receipt requirements. A
submission attempt less than the recommended 48 hours before the
deadline does not allow the time needed to research the reason for the
problem or to work with the applicant in overcoming the uploading
difficulty. Similarly, attempting to submit within 24 hours of the
deadline or when the Grants.gov Help Desk is closed does not allow the
time needed for Grants.gov or HUD to provide the needed assistance. In
addition, HUD staff cannot provide assistance or contact Grants.gov on
your behalf after the Help Desk is closed. HUD strongly encourages
applicants to carefully read the December 29, 2008 General Section for
additional information regarding the Grants.gov registration process,
submitting an application through Grants.gov, and timely receipt
instructions. HUD also encourages applicants to submit their
applications early with sufficient time to address issues that might
prevent their applications from being received by Grants.gov.
Applicants should also note that Adobe has put out new versions of
Adobe Reader compatible with Grants.gov. These versions are 8.1.5 and
9.1.1. Applicants must use the latest versions of the Adobe Reader
compatible with Grants.gov, which are Adobe Reader 8.1.5 or 9.1.1.
D. Intergovernmental Review
This NOFA is not subject to Executive Order 12372,
Intergovernmental Review of Federal Programs.
E. Funding Restrictions
Funds under this NOFA may only be used for housing assistance for
eligible participants and may not be used for performance of routine
HCV program functions that are reimbursed through HCV administrative
fees.
V. Application Review Information
A. Criteria
1. Factors Used to Evaluate and Rate Applications
None.
B. Review and Selection Process
1. Technically Acceptable Applications
All technically acceptable applications that meet the threshold
criteria of section III.C.2. above will be funded to the extent funds
are available.
a. Funding Priority Categories
None.
b. Order of Funding
If funding under this NOFA is not available to fund all
applications received by the NOFA deadline in each category, a lottery
will be used until all funding is exhausted. If funding remains in
either category, it will be used to fund the other category in lottery
order.
c. Insufficient Funds
Not applicable.
2. Corrections to Deficient Applications
The Grants Management Center (GMC) may contact an applicant to
clarify an item in its application or to correct a curable technical
deficiency. Please note that clarifications or corrections of technical
deficiencies in accordance with the information provided by HUD to the
applicant must be submitted within 14 calendar days of the date of
receipt of the HUD notification.
3. Unacceptable Applications
After the technical deficiency correction period (as provided in
the General Section), the HUD GMC will disapprove PHA applications that
it determines are not acceptable for processing. Applications from PHAs
that fall into any of the following categories are ineligible for
funding under this NOFA and will not be processed:
a. Any PHA that does not meet the threshold requirements of the
General Section.
b. Any PHA that does not meet the threshold requirements of Section
III.C.2. of this NOFA.
c. A PHA whose application does not comply with the requirements of
this NOFA after the expiration of the 14-calendar day technical
deficiency correction period;
d. A PHA whose application was received at grants.gov after the
application deadline date; or
e. A PHA whose paper application that was approved for a waiver of
the electronic application requirement was not received at the official
place of receipt.
VI. Award Administration Information
A. Award Notices
Successful applicants in each category will receive an award letter
from HUD. Funding will be provided to successful applicants as an
amendment to the Annual Contributions Contract (ACC) of the applicant
PHA.
Unsuccessful applicants will receive a notification of rejection
letter from the GMC that will state the basis for the decision. The
applicant may request an applicant debriefing. Beginning not less than
30 days after the awards for assistance are announced publicly, upon
receiving a written request, HUD will provide a debriefing to the
requesting applicant. See the General Section for additional
information regarding a debriefing. Applicants requesting to be
debriefed must send a written request to: Keia Neal, Acting Director,
Grants Management Center at the e-mail address in Overview, Section F.
B. Administrative and National Policy Requirements
1. HUD's Strategic Goals
HUD is committed to ensuring that programs result in the
achievement of HUD's strategic mission. HCVs awarded under this NOFA
support the Department's strategic goals of: (1) Increasing
homeownership opportunities, and (2) promoting decent, affordable
housing by expanding access to these opportunities for non-elderly
persons with disabilities. For more information about HUD's Strategic
Plan and Annual Performance Plan, you may visit HUD's Web site at
http://www.hud.gov/offices/cfo/reports/cforept.cfm.
C. Reporting
Successful applicants (including MTW agencies) must report the
usage of
[[Page 29510]]
voucher funds under this NOFA through required submissions of the form
HUD-50058, Family Report. PHAs must enter the program code ``NED'' on
line 2n of the HUD-50058 for non-elderly families served under this
NOFA and ``NHT'' for those non-elderly families transitioning from
nursing homes and other institutions into the community. PHAs must
maintain these codes for the duration of the family's participation in
the HCV program. HUD's assessment of PHA compliance under this NOFA
will be based on PIC system data.
VII. Agency Contacts
A. For Technical Assistance
See FOR FURTHER INFORMATION CONTACT above or you may contact the
Public and Indian Housing Resource Center at 1-800-955-2232. Persons
with hearing or speech impairments may access this number via TTY (text
telephone) by calling the Federal Information Relay Service at 1-800-
877-8339. (These are toll-free numbers). Prior to the application
deadline, staff at the numbers given above, will be available to
provide general guidance, but not guidance in actually preparing the
application. Following selection, but prior to award, HUD staff will be
available to assist in clarifying or confirming information that is a
prerequisite to the offer of an award by HUD.
B. Technical Corrections to the NOFA
Technical corrections to this NOFA will be published in the Federal
Register which the applicant is responsible for monitoring.
VIII. Other Information
A. References
The following are hereby incorporated by reference:
1. Executive Order 13132, Federalism;
2. Public Access, Documentation, and Disclosure;
3. Section 103 of the HUD Reform Act.
B. Paperwork Reduction Act
The information collection requirements contained in this document
have been approved by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520) and
assigned OMB control numbers 2577-0169 and 2577-0083. In accordance
with the PRA, HUD may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection displays a currently valid OMB control number.
C. Environmental Impact
This NOFA provides funding under, and does not alter the
environmental requirements of 24 CFR part 982. Accordingly, under 24
CFR Section 50.19(c)(5), the NOFA is categorically excluded from
environmental review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321). For environmental review of activities funded
under this NOFA, see requirements described in section III.C.4 above.
Dated: June 17, 2009.
Paula O. Blunt,
General Deputy Assistant, Secretary for Public and Indian Housing.
[FR Doc. E9-14651 Filed 6-19-09; 8:45 am]
BILLING CODE 4210-67-P