* Subject to Board Approval and the Governor’s 10 day veto period.
SECOND ROUND FUND FOR RESTORATION OF MULTI-FAMILY HOUSING (FRM)
PROGRAM GUIDELINES
Adopted: May 2014
HMFA anticipates that up to $190 million in second round CDBG-DR funds may be available to realize rental
housing projects through FRM, less program delivery costs. An additional $10 million of second round CDBG-DR
funds are anticipated to be available through FRM to assist public housing authority projects, less applicable
program delivery costs.
As to the $190 million FRM initiative, demand significantly exceeds available funding. As a result, requests for
FRM funds shall adhere to the following application process, and HMFA shall award second round FRM funds to
projects, on a competitive basis, to the highest ranking eligible applicants based on the objective selection criteria,
tiebreaker and equitable distribution provisions set forth below.
Step 1. Preliminary Application Submission: For a project to be considered for second round FRM funds, the
following items must be submitted to HMFA no later than noon on June 27, 2014:
•
•
•
Unified Application for HMFA Multifamily Rental Housing Production Programs (UNIAP)
Project description
Section 1 of the FRM Document Checklist, excluding the Resolution of Need.
The UNIAP is available on-line, and the FRM Document Checklist is attached. Incomplete applications shall not be
accepted.
Step 2. Full Application Submission: HMFA shall notify applicants who have successfully satisfied the
Preliminary Application Requirements described in Step 1. These applicants then shall have until noon on August
30, 2014, to physically submit a hard copy of the Resolution of Need, Section II of the FRM Document Checklist
and documentation of the applicable criteria under Section 4 below.
Step 3. HMFA Review and Approval of Documentation: With respect to the items in Section II of the FRM
Document Checklist, HMFA will review submitted applications on a first-received, first-reviewed basis. Because of
the need to quickly develop affordable rental housing, and to be responsive to federal regulations regarding the
speed with which federal recovery funds must be disbursed, HMFA’s review of applications shall be completed on
or around October 31, 2014. It is strongly recommended that applicants submit Section II documents well in
advance of the August 30 deadline.
Step 4. Ranking Projects: FRM funds shall be awarded to the highest ranking, eligible applicants based on the
objective selection criteria, tiebreaker and equitable distribution provisions as outlined below.
PROGRAM OVERVIEW
1. Eligible Applicants
FRM Guidelines
The Fund for Restoration of Multi-Family Housing (“FRM”) offers subsidies in
the form of loans to developers of eligible affordable and mixed-income rental
housing in the State of New Jersey (the “State”). This program will be funded
with Community Development Block Grant-Disaster Relief (“CDBG-DR”)
monies appropriated pursuant to the Disaster Relief Appropriations Act of 2013
(Public Law 113-2, approved January 29, 2013) (the “Disaster Relief Act”). The
Agency will receive the CDBG-DR funding from the New Jersey Department of
Community Affairs (“DCA”). The FRM program lets developers apply directly
to the Agency for needed subsidies while simultaneously applying for lowinterest mortgage financing and Federal Low Income Housing Tax Credits
(“LIHTCs”) made available through the Agency.
Private for-profit and nonprofit housing developers and public housing
authorities capable of developing and managing large multi-family housing
developments.
Page 1 of 7
* Subject to Board Approval and the Governor’s 10 day veto period.
2. Eligible Project Locations
3. Eligible Types of Projects
FRM Guidelines
Projects located within any of New Jersey’s 21 counties are eligible to apply for
second round FRM funding. However, for projects located outside of the nine
“most-impacted” counties as determined by HUD (that is, projects outside of
Atlantic, Bergen, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean or
Union Counties), the application shall include a narrative of how Superstorm
Sandy affected the rental population and why FRM funds are needed to serve
Sandy-impacted renters in the market area.
Projects must (a) rehabilitate or replace affordable rental units that were
damaged as a result of the storm; (b) build new rental housing that addresses an
unmet need resulting from the storm; or (c) convert existing structures into
affordable housing that addresses an unmet need resulting from the storm. This
conversion may include conducting substantial rehabilitation and, as a result,
transitioning market rate units to affordable units, changing a property that was
not a rental housing use into permanent, affordable rental housing or
rehabilitating vacant, dilapidated units.
FRM subsidy loans are available to projects receiving LIHTCs allocated by the
Agency, both 9% and 4% LIHTC projects are eligible, as well as multifamily
revenue bonds, conduit bonds and stand-alone (CDBG funds only) financing.
4. Selection Criteria
FRM funds shall be awarded to the highest ranking, eligible applicants based on
the following selection criteria: (100 points total)
1.
Readiness to Proceed (5 points). Projects that start construction
and/or close with their lender or syndicator within 60 days of the
FRM award shall receive 5 points.
2.
Sandy Damage (Up to 10 points). Projects in, or adjacent to, a
municipality that sustained major or severe renter damage based on
the attached chart, shall receive up to 10 points according to the
following scale:
•
•
•
•
•
Blue municipalities: 2 points
Green municipalities: 4 points
Yellow municipalities: 6 points
Orange municipalities : 8 points
Red municipalities: 10 points
If a project location town is adjacent to a town, or multiple towns,
that appear on the attached chart, then for damage that project
scores the higher of (i) half of the points allotted for the highest
scoring adjacent municipality, or (ii) its own points if the project
location town appears in the attached chart.
3.
Impact of First Round CDBG-DR Funding (up to 15 points).
Analyzing the impact of the first round CDBG-DR funds obligated
through FRM in impacted counties, as well as the damage to rental
units sustained in various counties, is important to assessing where
the most significant rental construction-related needs are likely to
remain. The following scoring criteria of up to 15 points are
intended to target second round FRM funds to address those needs:
•
15 points shall be awarded to projects located within
Page 2 of 7
* Subject to Board Approval and the Governor’s 10 day veto period.
•
•
•
•
FRM Guidelines
Monmouth or Ocean Counties
12 points shall be awarded to projects located in Atlantic
County
9 points shall be awarded to projects located in Union,
Bergen or Hudson Counties
6 points shall be awarded to projects located in Cape May
County
0 points shall be awarded projects located in all other
counties
4.
Mixed Income (5 points). Mixed income projects with a minimum
20% affordability component, or projects that restrict at least 10%
of the units to households earning 30% or less of area median
income adjusted for family size, shall receive 5 points.
5.
Support in Compliance with N.J.A.C. 5:80-33.15(a)(4) (10 points).
Projects receiving County, Municipal and/or Local Public Housing
Authority support in compliance with N.J.A.C. 5:80-33.15(a)4 shall
receive 10 points.
6.
Supportive Housing (up to 15 points). Projects that provide five
units or 5% of the total project units, whichever is greater, as
supportive housing units, as defined at N.J.A.C. 5:80-33.2, and that
meet the criteria at N.J.A.C. 5:80-33.12(c)14 shall receive 10
points.
An additional 5 points shall be awarded to projects that agree to
accept Section 811 Supportive Housing for Persons with
Disabilities - Project Rental Assistance (PRA), in the event this
funding is awarded to NJHMFA and NJDHS under HUD’s FY
2013 Notice of Funding Availability (NOFA), FR 5700-N-28.
Target Section 811 Populations: Individuals between the
ages of 18 and 62 with physical, psychiatric and/or
developmental disabilities who seek to leave state psychiatric
hospitals, developmental centers and nursing homes or who are
at risk of institutionalization due to a lack of supportive
housing that meets their needs.
Use Restriction: Housing assisted with Section 811 PRA must
have a minimum 30-year use restriction for extremely lowincome persons with disabilities. Please refer to the attached
NOFA for additional details on the comprehensive
requirements for participation in this program.
PRA Awards: The Section 811 Centralized Implementation
and Monitoring Team (CIMT) will identify projects that would
be marketable/desirable projects for participation on the
Section 811 PRA program from the pool of successful FRM
applications. An award of FRM funding under this
selection criteria does not constitute a guarantee of a
Section 811 PRA award; therefore, FRM applications
should not be underwritten assuming PRA.
7.
Provision of Social Services (Up to 6 points). Up to 6 points (2
points per service) shall be awarded for the provision of up to three
Page 3 of 7
* Subject to Board Approval and the Governor’s 10 day veto period.
FRM Guidelines
social services for the term of the affordability period. Applicants
shall support their claim to provide social services by providing
those items outlined at N.J.A.C. 5:80-33.15(a)5.
8.
Leveraging (Up to 10 points). Applicants that are able to leverage
other funding sources to realize their projects shall receive up to 10
points based on the following sliding scale:
•
•
•
•
•
•
9.
Less than 5% of Total Development Cost (TDC) from
non-CDBG-DR funds: 0 points
5%-20% of TDC from non-CDBG-DR funds: 2 points
20.01% - 40% of TDC from non-CDBG-DR funds: 4
points
40.01% - 60% of TDC from non-CDBG-DR funds: 6
points
60.01% - 80% of TDC from non-CDBG-DR funds: 8
points
80.01%+ of TDC from non-CDBG-DR funds: 10 points
Cost per Unit (Up to 9 points). Up to 9 points shall be awarded
based on the amount of CDBG-DR funds requested per CDBG-DR
eligible unit in accordance with the following scale:
•
•
•
•
CDBG-DR request is $40,000 or less per CDBG-DR
eligible unit = 9 points
CDBG-DR request of $40,001 - $80,000 per CDBG-DR
eligible unit = 6 points
CDBG-DR request of $80,001 - $120,000 per CDBG-DR
eligible unit = 3 points
CBBG-DR request exceeding $120,000 per CDBG-DR
eligible unit = 0 points.
10. Higher Opportunity Area (Up to 15 points). Each of the following
is worth 5 points, up to a maximum of 15 points:
5. Tiebreaker
a.
A project that is fully located within 1/2 mile of public
transportation;
b.
A project that is fully located within a school district
wherein 66% or more of the students are either proficient
or advanced proficient on the NJ ASK 4 in both math and
language arts based on data available from the New Jersey
Department of Education as of the application deadline.
HMFA shall rely upon the data effective in the calendar
year of the application deadline as well as the preceding
year; and
c.
A project that is fully located within a municipality with
public and private sector jobs that total at least 95% of the
housing units. HMFA shall rely upon the data effective in
the calendar year of the application deadline as well as the
preceding year.
In the event of a tie score based on the Selection Criteria, FRM funds shall be
awarded to the application requesting the least amount of CDBG-DR funds per
CDBG-DR eligible unit.
Page 4 of 7
* Subject to Board Approval and the Governor’s 10 day veto period.
FRM Guidelines
6. Equitable Distribution
Family/Senior: No more than 30% of the units funded by FRM funds shall be for
seniors, provided that HMFA receives a sufficient number of eligible
applications to result in these allocation percentages.
Projects Outside the Nine Counties: No more than 20% of the available funds
shall be awarded to projects outside of the nine most-impacted counties. As
stated above, applications for projects located outside of the nine most-impacted
counties shall include a narrative of how Superstorm Sandy affected the rental
population in that county and why FRM funds for the project are needed to serve
Sandy impacted renters in the market area.
Municipal limits: Given the geographic spread of Sandy impacts to rental
housing units, FRM awards shall be limited by municipality based on population
levels. Awards from both FRM Round 1 and Round 2 shall be considered in
evaluating these limits:



1-100,000 people in the municipality = no more than 3 awards
o Per the attached chart, rental units in Atlantic City that
sustained at least “major” damage approximately double
that of the next highest municipality. For that reason,
Atlantic City will be eligible to receive up to 5 projects.
100,001-200,000 people in the municipality = no more than 4
FRM projects awarded
200,001 people and higher in the municipality = no more than
5 FRM projects awarded
In the event that the number of projects from a particular municipality that score
“in the money” exceed these municipal limits, HMFA will fund the highest
scoring project, or projects, in that municipality up to the applicable municipal
limits.
7. Subsidy Loan
Amounts/Maximum Award
Subject to availability of funds.
Consistent with proposed CDBG-DR Action Plan Amendment No. 7, the amount
of the award will be based on the underwriting the gap in the project rather than
setting a maximum amount per unit. Standard HMFA underwriting applies.
FRM subsidy loan amounts will be approved only after documentation of other
sources of funding have been identified in accordance with Duplication of
Benefits provisions of the federal Stafford Act. CDBG subsidy loan amounts
cannot exceed the amount needed after other assistance for the project has been
considered. Other assistance includes FEMA, Small Business Administration,
insurance, and other assistance received or reasonably expected to be received
for the project.
8. Types of Available Funding
All Funds for FRM subsidy funding will be provided to projects in the form of
loans.
Loan types:
(1) Construction loans
(2) Construction loans which convert to permanent financing;
(3) Permanent loans for take-out financing.
Page 5 of 7
* Subject to Board Approval and the Governor’s 10 day veto period.
FRM Guidelines
If needed, other loan types such as conditional bridge loans may be authorized to
ensure project feasibility.
9. Agency Mortgage Required
10. Financing Term
11. Security, Collateral and
Lien Status
12. Mortgage Interest Rate
13. Cash Flow Repayments
In the event any permanent mortgage debt is needed for any project funded by
FRM subsidy loan, the first mortgage loan must be an Agency-provided
permanent mortgage loan.
Unless otherwise authorized, the financing term of FRM subsidy loan shall equal
that of the Agency mortgage financing and/or the LIHTC requirement,
whichever is applicable.
Each FRM subsidy loan shall be secured by a note and mortgage.
A FRM subsidy loan may take a subordinate position behind other lenders only
where either: (a) the project is receiving no Agency financing; or (b) in the case
of an Agency conduit bond financing.
FRM subsidy loan provided during construction shall be at a 0% interest rate.
FRM subsidy permanent loans shall be provided at a 1% interest rate
compounded annually.
No interest shall begin accruing until the amortization date of April 2016.
Repayment of a FRM subsidy loan for any project shall occur annually and shall
equal to 50% of available cash flow (or 25% of cash flow for SNHTF Projects)
remaining after the payment of operating expenses, required reserves and
amortized mortgage debt service and at the earlier of 10 years or the payment of
the deferred developer’s fee. Upon maturity of the loan or upon expiration of the
affordability controls, whichever comes first, the balance of any unpaid principal
balance, together with all accrued interest thereon, shall become due and
payable.
Any deferred developer fee may be taken by the developer as return on
investment, but only after the applicable FRM subsidy loan repayment
requirements have been met.
14. Debt Service Coverage
Ratio
15. Other Underwriting
16. Other Requirements
The Agency will require the developer to submit annual financial statements to
document the project’s available cash flow.
Projected cash flow repayments of FRM subsidy loans shall not be included
when calculating the debt service coverage ratio for multifamily mortgage
financing and/or for LIHTCs. However, in all cases, the maximum mortgage
supportable at a minimum of 1.15 debt service ratio must be obtained before
FRM subsidy loan amounts will be determined.
Projects funded by FRM subsidy loans must meet the requirements of the
Agency multifamily underwriting guidelines and/or the LIHTC program, as
applicable.
The project sponsor shall ensure that the project shall comply with all applicable
federal and/or State statutory and regulatory requirements concerning, but not
limited to, environmental review, fair housing, Section 3 of the Housing and
Urban Development Act of 1968 compliance, compliance with the Davis-Bacon
Act as well as all other labor standards provisions, and equal opportunity
requirements and compliance with the Office of Management and Budget
(“OMB”) Circular A-87, program income, and other CDBG-DR financial
requirements.
Compliance with the Housing Resource Center registration requirements as well
as priority for FEMA registrants or other evidence of displacement during the 1st
Page 6 of 7
* Subject to Board Approval and the Governor’s 10 day veto period.
17. Other Junior Financing
and Subordinate Debt
18. Project Fees
FRM Guidelines
3 months of lease-up.
Projects funded by FRM subsidy loan must meet the requirements of the Agency
multifamily underwriting guidelines and/or the LIHTC program, as applicable.
Maximum limitations on the contractor fee and/or the developer fee shall be
those placed on the project by the Agency multifamily underwriting guidelines
and/or the LIHTC program.
FRM subsidy loan funds shall be reduced to ensure that the non-deferred portion
of the developer fee for all projects shall not exceed 8 percent of the total
development cost excluding acquisition (that is land and building), working
capital, marketing expenses, escrows, operating deficit reserves, step-in-theshoes costs and costs associated with syndication.
19. Tenant Income
Requirements
20. Affordability Controls
21. Energy Efficiencies and
Green Building Standards
22. Authority to Approve
award of Application
Projects funded by FRM subsidy funds must meet the requirements of the
Agency multifamily underwriting guidelines and/or the LIHTC program, as
applicable.
Any loan agreement entered into for FRM subsidy funds shall incorporate
contractual guarantees and procedures to ensure that any unit of housing
provided for low and moderate income households shall continue to be occupied
by low and moderate income households for at least 5 (five) years.
Projects funded by FRM subsidy funds must meet the requirements of the
Agency multifamily underwriting guidelines and/or the LIHTC program, as
applicable as well compliance with ENERGY STAR (for new construction and
reconstruction) or HUD Community Planning and Development (“CPD”) Green
Building retrofit checklist (for rehabilitation).
The Agency board will approve all awards.
Note: These guidelines may be amended from time to time due to changes in New Jersey Department of Community
Affairs’ Community Development Block Grant Disaster Recovery Action Plan (the “Action Plan”). Such
amendments may occur without notice and are applicable to all pending and future applications. Applicants are,
therefore, responsible for contacting the New Jersey Housing and Mortgage Finance Agency (the “Agency”) to
ascertain whether or not there have been any changes since the date of these guidelines and for complying with such
changes.
Page 7 of 7
ATTACHMENTS NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY
CONSTRUCTION ONLY FINANCING and
CONSTRUCTION AND PERMANENT FINANCING – (FRM) DOCUMENT CHECKLIST
The Agency intends to provide financing for this project through the sale of taxable, tax-exempt bonds or any
other funds available to the Agency. The requirements listed in Section I of this checklist must be satisfied
prior to Declaration of Intent. The requirements listed in Section II of this checklist must be satisfied prior to
a Mortgage Commitment. And the requirements in Section III of this checklist must be satisfied prior to the
inclusion in a bond issue.
** If this project intends to receive financing for this project through
additional Agency or Agency administered programs, additional requirements
are noted on the attached list of program requirements that is hereby made a
part of the Project Document Checklist. Additional requirements specific to
the project may also be attached.
Closing Targeting Schedule**
Targeted Closing Date:
DOI Board Meeting Date
Commitment Board Meeting Date
Bond Documents Board Meeting Date
Please keep in mind that this is a targeted schedule that is meant to assist you in reaching your closing goal. These
dates are subject to change.
**Other Agency Financing: 1.
2.
3.
Date Closed:
Date Closed:
Date Closed:
DATE LAST UPDATED:
PROJECT NAME:
Project Address:
Block:
HMFA PROJECT NUMBER:
Lot:
Type of Tax Credits:
Population: Seniors
Set Aside: n/a
# of Units:
# of Beds (SN):
Const. Period:
COMMITMENT EXPIRATION DATE:
PARALEGAL:
Phone #:
Fax #:
e-mail:
DAG:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
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Phone #:
Fax #:
e-mail:
MULTIFAMILY CREDIT OFFICER:
Phone #:
Fax #:
e-mail:
SPECIAL NEEDS DEVELOPMENT OFFICER:
Phone #:
Fax #:
e-mail:
GREEN OFFICE CONTACT:
Phone #:
Fax #:
e-mail:
SPONSORING ENTITY/BORROWER:
Contact Person:
Address:
City, State, Zip:
Phone#:
Fax #:
e-mail:
CONSULTANT (If applicable):
Address:
City, State, Zip:
Phone #:
Fax #:
e-mail:
OWNER: (If different than borrowing entity) (SELLER)
Contact Person:
Address:
City, State, Zip:
Phone#:
Fax #:
e-mail:
GENERAL PARTNER:
LIMITED PARTNER:
BORROWER’S ATTORNEY:
Address:
City, State, Zip:
Phone#:
Fax #:
ARCHITECT:
Address:
City, State, Zip:
Phone #:
e-mail:
Fax #:
e-mail:
GENERAL CONTRACTOR:
Address:
City, State, Zip:
Phone #:
Fax #:
e-mail:
MANAGING AGENT: n/a
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-2-
Address:
City, State, Zip:
Phone #:
Fax #:
e-mail:
SOCIAL SERVICE PROVIDER (if Special Needs project)
Address:
City, State, Zip:
Phone #:
Fax #:
e-mail:
ACCOUNTANT:
Address:
City, State, Zip:
Phone #:
Fax#: e-mail:
OTHER:
Address:
City, State, Zip:
Phone #:
Fax #:
e-mail:
PLEASE NOTE: Documents consisting of more than ten (10) pages will not be
accepted in PDF format by electronic transmittal. Please send hard copies of
documents consisting of more than ten (10) pages.
Code to Document Requirements:
A
- Document Received and Approved
NA - Not Applicable
R
- Document Received and either (1) Under review or (2) Requires modification or update as
indicated
*
- An asterisk indicates that a New Jersey Housing and Mortgage Financing Agency form document
must be used. Many forms are available on the NJHMFA website: www.state.nj.us/dca/hmfa.
Date - List date document was received. Once document is approved, replace this date with the date in
which the document was approved.
Status - If document was not yet received, give a status of why document was not yet submitted. If document
was received (“R”), then give the status of the approval process.
All items are required to be submitted by the sponsoring team unless otherwise noted.
I.
REQUIREMENTS FOR DECLARATION OF INTENT
SPONSOR:
UNIAP Application* (For Special Needs projects, the population to served plus the service
provider must be clearly identified in the application.) (Date Received:
)
STATUS:
_
Project Narrative, including Overview of Scope of Work. (For any additional Agency
financing programs, refer to program specific checklist for additional Project Narrative
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-3-
requirements.) (Date
STATUS:
)
_
Preliminary Proforma/Cash Flow (Agency Form 10)* (Date
STATUS:
_
General Site Location Map & Directions (Date
STATUS:
Resume for Sponsor (Date
STATUS:
)
)
)
_
Evidence of Site Control (Date
)
Deed dated
Option Agreement
Contract of Sale
Redevelopment Agreement
Ground Lease or Option to Enter into Ground Lease (keep in mind it is not the
same as the Option Agreement listed above)
____ Condominium Requirements, if applicable:
_____ Condominium Association By-laws
_____ Master Deed
_____ Certificate of Formation for Condominium Association
Other
STATUS:
_
Resolution of Need from Municipality* (may be included in municipal resolution granting
payments in lieu of taxes) (Not applicable for projects with an existing Agency mortgage
loan being refinanced under the Preservation Loan program. Resolution IS required for all
other Preservation Loan projects not currently in the Agency’s portfolio. Not required for
Special Needs projects, unless required by another Agency funding source.)
(Date
)
STATUS:
CONSTRUCTION DOCUMENTS:
Preliminary Drawings, (if applicable) (Date
STATUS:
)
NJHMFA (All documents in this section will be prepared by NJHMFA):
_
Site Inspection Report (Date
STATUS:
)
Board Resolution for Declaration of Intent (Date
STATUS:
Declaration of Intent Letter (Date
)
)
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-4-
STATUS:
II.
REQUIREMENTS FOR MORTGAGE COMMITMENT
SPONSOR:
Formation Certificate for Sponsor/Borrower and Managing Entity, as applicable
(Advise NJHMFA prior to formation if contemplating an Urban Renewal entity N.J.S.A.
40A:20-1 et seq.) (Date _________)
Certificate of Limited Partnership
Certificate of Formation (Limited Liability Company)
Certificate of Incorporation (required for a corporate sponsor and for any corporate
general partner or managing member and for any corporate limited partner assigning
syndication proceeds)
Certificate of Formation for Managing Member, if applicable
STATUS:
Corporate Certification and Questionnaire*, as applicable (Date __6/26/13__)
Sponsoring Entity/Borrower –
General Partner (Limited Partnership)
Managing Member (Limited Liability Company)
Other entity owning 10% or greater interest in sponsoring entity
____ Updating Affidavit for Questionnaire, if applicable
STATUS:
Personal Questionnaire for Directors and Officers of Sponsoring Entity/Borrower,
Individuals Serving as General Partner or Managing Member, and any individual owning
10% or greater interest in sponsoring entity, or in the General Partner or Managing Member
entity* (For non-profit entities controlled by a Board of Directors, Personal Questionnaires
should be provided for any officer of the Board.) (Date _6/26/13___)
_____Updating Affidavit for Questionnaire, if applicable
STATUS:
Criminal Background Check for Directors and Officers of Sponsoring Entity/Borrower,
Individuals Serving as General Partner or Managing Member, and any individual owning
10% or greater interest in sponsoring entity, and General Partner or Managing Member
entity* (Any individual submitting a Personal Questionnaire must submit a Criminal
Background Check. For non-profit entities controlled by a Board of Directors, Criminal
Background checks should be provided for any officer of the Board.)
(Search results are valid for 18 months from date received.)(Date
)
STATUS:
__
Environmental Preliminary Assessment Report (pursuant to N.J.A.C. 7:26E-3.2) (Phase I)
In addition, the following are required for Existing Structures:
___Lead Based Paint Report/Removal plan
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-5-
___Asbestos Containing Materials Report/Remediation plan
___Radon testing/Remediation plan
(Date
)
STATUS:
__
_____
Environmental Report (pursuant to N.J.A.C. 7:26E-3.3), (if applicable) (Phase II)
Date
)
STATUS:
Resolution Granting Preliminary Site Plan Approval, Subdivision and Any Zoning
Variances from Municipality and County, if applicable. For Special Needs projects, refer to
Special Needs Program document checklist requirements.
(Date _________)
STATUS:
______
Street Vacation Ordinances (Resolution with Proof of Publication), (if applicable)
(Date
)
STATUS:
Municipal Resolution Granting Payments in Lieu of Taxes*, (if applicable) (For
Preservation Loan projects, refer to the Preservation Program document checklist
requirements.) (Date
)
_____ Agency statute is N.J.S.A. 55:14K-37.
_____ The Long Term Tax Abatement falls under N.J.S.A. 40A:20-1 et seq.
STATUS:
Agreement for Payment in Lieu of Taxes*, (if applicable) (For Preservation Loan projects,
refer to the Preservation Program document checklist requirements.)
(Date
)
STATUS:
Financing Commitments from Other Funding Sources (List All) (Date
)
_ __ Other
____ DCA Balanced Housing Funds: Please contact Natasha Encarnacion, Housing
Affordability Service (“HAS”) Business Development Coordinator at NJHMFA (609) 2788834 for preparation of Developer’s Rental Agreement, if applicable.
____ Other:
____ Other:
STATUS:
Evidence of Denial of Other Funding Sources (List All if Applicable)
(Date
)
____ County Funds:
____ Municipality Funds:
____ FHLB:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
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____ LIHTC:
____ FEMA (if applicable):
____ Small Business Administration (if applicable):
____ Insurance (if applicable):
____ Other:
(Date
)
STATUS:
Executed Rental Assistance Agreements, if applicable (Date
STATUS:
)
Affirmative Fair Housing Marketing Plan* (Not required for Special Needs projects, unless
required by another Agency financing source.) (Date __________)
STATUS:
_ __
Housing Resource Center (“HRC”) registration of project entity (Not required for Special
Needs projects, unless required by another Agency financing source.)
(Date ___________)
STATUS:
_ _
Tax Credit Projects: For only those projects receiving both special needs financing and tax
credits, an analysis conducted by the applicant’s accountant of anticipated project cash flow
and residual value demonstrating a reasonable prospect of repayment of all loans. This
analysis shall incorporate the same assumptions utilized in the cash flow proforma submitted
in the application, if applicable (Date
)
STATUS:
_ _
Tax Credit Projects: For only those projects receiving both special needs financing and tax
credits, an opinion of tax counsel in support of the dollar amount of the eligible basis for the
project set forth in the application. Attached to this opinion, and incorporated therein, shall
be the accountant’s analysis referenced above, if applicable.
(Date
)
STATUS:
ENERGY STAR:
Pre-Construction Authorization Letter (If FRM, CDBG Green Building Letter of Intent)
STATUS: ___
Note: This documentation must be collected prior to commitment for projects that are not
receiving construction financing from NJHMFA or will start construction prior to closing
on construction. Please contact Pam DeLosSantos at 609-278-7627 for clarification.
_
HUD CPD Green Building Retrofit Checklist – FRM ONLY (Date
STATUS:
)
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-7-
TAX CREDITS GREEN POINT:
Pre-Construction Authorization Letter
STATUS: _________________________________________________________
Note: This documentation must be collected prior to commitment for projects that are not
receiving construction financing from NJHMFA or will start construction prior to closing
on construction funding. Please contact the Green Homes Office for clarification.
CONSTRUCTION DOCUMENTS:
____
Detailed Scope of Work (Note: Any changes made to the scope of work must be approved
by NJHMFA) For Preservation Loan projects, refer to the Preservation Program
document checklist requirements. (Date
)
STATUS:
____
Trade Payment Breakdown on AIA Form 703 (Schedule of Values) signed by General
Contractor and based on the Final Contract Drawings (NOTE: Any changes to the Trade
Payment Breakdown must be approved by NJHMFA.) (Date
)
STATUS:
Architect/Engineer Documents:
____
Architect's Contract* (Alternatively, if use of an AIA form permitted, CDBG Addendum to
contract is required*) (Date
)
STATUS:
____
A certification from the design professional (i.e. Architect), this certification can be in the
form of a signed and sealed letter stating the known Advisory Flood Elevation (AFE) for the
site, citing the reference flood map, and stating the proposed finished floor elevation
indicating compliance with the applicable regulations. (Date
)
STATUS:
____
Construction Documents and Project Manual (in CSI format) must be submitted and shall
consist of Final (100%) Contract Documents showing all required construction details,
cross-sections, and other information necessary to constitute a construction-ready set of
project construction documents consistent with the construction contract. The
drawing set must include, as a minimum:
•
Approved Final Site Plans and Final Subdivision Plans (if applicable);
•
Civil Engineering Drawings;
•
Architectural Drawings;
•
Mechanical/Electrical/Plumbing (MEP) Drawings;
•
Structural Drawings;
•
Fire Alarm/Suppression Drawings;
•
All required construction details; and,
•
A detailed project cost estimate by trade.
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-8-
NOTE: For projects receiving CDBG financing, the Owner is required to adhere to
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) and implementing
regulations at 24 CFR Part 8 “Nondiscrimination Based on Handicap in Federally
Assisted Programs and Activities of the Department of Housing and Urban
Development”. Therefore, the Project shall be designed to have 5% of the units
accessible to persons with physical disabilities and 2% of the units be designed for the
visually or hearing impaired, as called for in Section 504 of the Rehabilitation Act of
1973.
(Date
)
STATUS:
_ __
Architect's Errors and Omission Policy/Certificate of Insurance (naming NJHMFA as
Certificate Holder) (Date ___________)
STATUS:
____
Geotechnical Engineering Report (Soils Test), if applicable (Date
STATUS:
_ _
Survey (2 Sealed Originals Certified to Sponsor, NJHMFA and Title Company)
(Date
)
STATUS:
__ _
Certified Land Description (Date ____________)
STATUS:
_
)
Personal Certification and Questionnaire for Architect of Record * (Date ___________)
STATUS:
_
__
____
Corporate Certification and Questionnaire for Architectural Firm* (Date ____________)
STATUS:
Criminal Background Check for Architect of Record*
(Search results are valid for 18 months from date received.) (Date
STATUS:
)
Confirmation of Availability of Utility Services (electric, gas, water, sewer) (Letters should
be within at least 6 months of anticipated Agency commitment) (Date
)
____ Letter from Utility Companies
____ Letter from Utility Company confirming that individual metering systems will be
installed within a meter room in the building, if applicable to the project type.
____ Resolution from Municipal/County Authority, if applicable
____ NJ DEP Treatment Works Approval (Sewer), if applicable
____ Wetlands Approval, if applicable
STATUS:
Contractor Documents:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
-9-
_ _
Executed Construction Contract*
(Note: Federal (Davis Bacon) prevailing wages must be paid for those projects receiving
CDBG funds. Evidence of payment of Davis-Bacon wages must be included in the
construction contract.) AIA form of construction contract may be used for those projects
consisting of 25 units or less. For those projects consisting of 25 units or more, the Agency
form of construction contract must be used for new construction. Preservation projects
doing renovation work may use an AIA form of contract with CDBG Addendum.) (NOTE:
Alternatively, if use of AIA Form is permitted, Agency Addendum and CDBG Addendum to
contract must be submitted*)
(Date
)
STATUS:
_ _
Evidence of ability to obtain 100% Payment & Performance Bond naming Sponsor and
NJHMFA as Obligees (Will be required for Agency Construction Financing. For Agency
Permanent Financing, Sponsor has the option of providing a 10% Letter of Credit or 30%
Warranty Bond in lieu of Payment and Performance Bond.) Note this guarantee will be
required to exist for a period of two years post construction completion as determined by the
Certificate of Occupancy date or Architect’s Certificate of Substantial Completion,
whichever is later. For Special Needs projects, refer to Special Needs Program document
checklist requirements. (Date
)
STATUS:
Corporate Certification and Questionnaire for Contractor*
_____Updating Affidavit for Questionnaire, if applicable
(Date
)
STATUS:
Personal Certification and Questionnaire for Officers, Directors of Contractor and
Individuals with Management Control, and individuals owning 10% or greater interest in
contracting entity*
_____Updating Affidavit for Questionnaire, if applicable
(Date
)
STATUS:
Criminal Background Check for Contractor's Officers, Directors and Individuals with
Management Control, and individuals owning 10% or greater in contracting entity*
(Date
) (Search results are valid for 18 months from date received.)
STATUS:
Contractor's Liability Insurance Certificate (naming Sponsor and NJHMFA as Additional
Insured ) (Date
)
COMMUNITY DEVELOPMENT BLOCK GRANT – DISASTER RECOVERY (CDBG-DR) OWNER
CERTIFICATION (Date _________)
STATUS:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 10 -
NJHMFA (All documents in this section will be prepared or obtained by NJHMFA):
CDBG-FRM POINT SYSTEM SCORE SHEET (Date _________)
STATUS:
Appraisal/Market Study (Date
STATUS:
) (not applicable for FRM-PHA only Projects)
Updated Appraisal/Market Study, (If applicable) (Date
for FRM-PHA only Projects)
STATUS:
) (not applicable
Board Resolution Authorizing Mortgage Commitment and Commitment Proforma/Cash
Flow (Agency Form 10)*, (If applicable) (Date
)
STATUS:
Commitment Letter and Indemnification Deposit (Commitment Letter to be executed by
Sponsor and returned with Deposit within 10 days of mortgage commitment)*,
(If applicable) (Date
)
STATUS:
Board Resolution Authorizing Mortgage Re-Commitment and Re-Commitment
Proforma/Cash Flow (Agency Form 10)*, (If applicable) (Date
)
STATUS:
Re-Commitment Letter and Re-Commitment Fee (Re-Commitment Letter to be executed by
Sponsor and returned with Fee within 10 days of mortgage re-commitment)*, (If applicable)
(Date
)
STATUS:
III.
ADDITIONAL REQUIREMENTS FOR INCLUSION IN A BOND SALE or FOR INTEREST
RATE LOCK
NOTE: If the project will not receive bond funds or an interest rate lock, the following
items will be required for closing in addition to the items noted in Section IV of this
checklist.
SPONSOR:
Current Operations Agreement for, as applicable: (Date
)
_____ Sponsoring Entity (By-laws: Corporation; Partnership Agreement: Limited
Partnership; Operating Agreement: Limited Liability Company. Must contain
NJHMFA Statement – see end of checklist for language)
_____ General Partner or Managing Member of Sponsoring Entity
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 11 -
(Date
STATUS:
_____
)
DRAFT Operating Agreement with all Exhibits attached for Sponsoring Entity as it will
exist once Limited Partner investor/Investor Member is included.
(Date
)
_____ Also need for General Partner/Managing Member if not same as original
sponsoring entity. (Date
)
STATUS:
Certificate of Good Standing, from State of Formation, for Sponsoring Entity and All
General Partner(s) or Managing Member(s) and for Limited Partner(s) Assigning
Syndication Proceeds (Note: Update may be required for closing depending on timing.),
Current within six (6) months of estimated bond sale and/or closing
(Date
)
STATUS:
New Jersey Secretary of State Authorization to do Business in New Jersey for any Out-ofState Sponsoring Entity (Date
)
STATUS:
TEFRA Certification (tax-exempt projects only)* (Date
STATUS:
)
______ Evidence of Availability of Tax Credits
42M Letter (for projects using tax-exempt financing) OR
Reservation Letter (for projects awarded competitive tax credits)
Carryover Allocation or Binding Forward Commitment or 8609
(Date
)
STATUS:_______________________________________________________________
Sales Tax Exemption Certificate* (state forms), (If applicable) (Date
STATUS:
Final Site Plan Approval, (If applicable) (Date
STATUS:
____
)
)
Evidence of Perfection of Subdivision (recorded subdivision deeds or filed subdivision
map), if applicable. (Date
)
STATUS:_________________________________________________________________
Title Insurance Commitment and Title Related Requirements (updates required for closing)
(Date
)
Commitments needed for each Agency or Agency administered loan closing. For Special
Needs project receiving Grant financing or HUD 811 funds, see Special Needs Document
Checklist for title requirements.
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 12 -
NOTE: Affirmative insurance required for any exceptions in commitment that will remain at
the time of closing.
Tax Search
Assessment Search
Municipal Water/Sewer Utility Search
____ Evidence of payment of taxes, if applicable
____ Evidence of payment of utilities, if applicable
_ Judgment Search
_____Sponsoring Entity
_____General Partner(s)/Managing member(s)
Corporate Status and Franchise Tax Search, if applicable
___ Tidelands and Wetlands Search
Flood Hazard Area Certification
Closing Protection Letter for Title Officer Attending Closing
Survey Endorsement insuring final survey without exceptions
Title Rundown Confirmation (in writing)
Copies of All Instruments of Record
First Lien Endorsement, (and/or Second Lien, etc.,) if applicable
Environmental 8.1 Endorsement
____ Evidence of payment of current condominimum fees/assessments, if applicable
____ Arbitration Endorsement
Additional Endorsements as may be required depending on project type :
_____ALTA 13.1 - Leasehold endorsement, if applicable
_____ALTA 9 – Restrictions, Encroachments, Minerals, if applicable
_____ ALTA 18 Multiple Parcels Endorsement (if scattered site project)
_____ALTA 5.1 – Planned Unit Development, if applicable
_____Condominium Endorsement, if applicable
STATUS:
Construction Draw Schedule with Order of Draw (Date
STATUS:
)
Cash or Letter of Credit for Negative Arbitrage and/or Cost of Issuance (at time of Bond
Sale Only) (Date
)
STATUS:
____
Owners Tax Certificate (original to go to Bond Counsel, copy to the Agency)
(Date
) Confirmation of bond counsel approval required.
STATUS:
_____
Attorney Opinion Letter (for bond sale, for rate lock if rate lock occurs outside of bond
sale; additional opinion required for loan closing) (Date
)
STATUS:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 13 -
Contractor Documents:
Certificate of Formation (Date
STATUS:
)
Certificate of Good Standing from State of Formation (current within six (6) months of
anticipated bond sale) (Date
)
STATUS:
New Jersey Secretary of State Authorization to do Business in New Jersey for Out-of-State
Contractor, if applicable (Date
)
STATUS:
Construction Contract with current prevailing wages attached* if not previously provided or
if changed from first contract submitted. (Date
)
STATUS:
Building Permits (or letter that building permits will be issued but for payment of fee)
(Date
)
STATUS:
NJHMFA (All documents in this section will be prepared by NJHMFA):
Bond Letter with Bond Proforma/Cash Flow (Agency Form 10)* (at time of Bond Sale
Only) (Date
)
STATUS:
TEFRA Notice (at time of Bond Sale Only) (Date
STATUS:
Bond Pricing Grid* (at time of Bond Sale Only) (Date
STATUS:
Construction and Permanent Financing Agreement* (Date
____ Rate Lock Addendum, if applicable
STATUS:
____
)
)
)
Satisfaction of Agency Board Commitment Requirements, if any, unless specifically noted
as loan closing requirements. (Date
)
STATUS:______________________________________________________________
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 14 -
IV.
CLOSING REQUIREMENTS (All items are due at least two weeks before anticipated
closing date.)
SPONSOR:
____
Satisfaction of Agency Board Commitment Closing Requirements, if any
(Date
)
STATUS:______________________________________________________________
_____
Guaranty for loan repayment during construction period, if applicable (Date_________)
STATUS:_______________________________________________________________
_____
For Scattered Site projects only: Guaranty for loan repayment for Scattered Site projects, if
applicable (Date_____________)
STATUS:_______________________________________________________________
Final Executed Operations Agreement with all Exhibits attached for Sponsoring entity and
General Partner(s) or Managing Member(s) (as applicable) (Final needed at Closing)
(Date
)
Partnership Agreement (LP) with HMFA Statement
Operating Agreement (LLC) with HMFA Statement
By Laws (Corporation) with HMFA Statement (HMFA Statement required for
sponsoring entity only)
STATUS:
Sponsor Resolution to Open Construction Bank Account, if applicable
(Date
) (NOTE: Only required for HMFA construction financing; not
required for Home Express construction financing.)
____ Bank Account Signature Cards, if required by bank where account is held
STATUS:
Checks and Wiring Instructions for Construction Bank Account (to include signature line for
NJHMFA), (If applicable) (Date
) (NOTE: Only required for HMFA
construction financing; not required for Home Express construction financing.)
STATUS:
____
Copies of Loan Documents from other funding sources, (If applicable)
(Date
)
____ DCA Balanced Housing Developer’s Rental Agreement executed by Sponsor,
NJHMFA Executive Director, and HAS Business Development Coordinator.
Please contact Natasha Encarnacion, Housing Affordability Service (“HAS”)
Business Development Coordinator at NJHMFA (609) 278-8834 for preparation
of Developer’s Rental Agreement, if applicable.
____ Other:
STATUS:
_______
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 15 -
_____
Written confirmation from investor that investment/syndication closing conditions have been
fully satisfied and investor is prepared to proceed to closing, if applicable.
(Date:_____________)
STATUS:_____________________________________________________________
Builder's Risk Insurance Certificate (naming NJHMFA as First Mortgagee, Additional
Insured and Loss Payee) meeting Agency Builder’s Risk Insurance Specifications
(Date
)
STATUS:
Flood Insurance Certificate and Policy, if applicable (naming NJHMFA as First Mortgagee,
Additional Insured and Loss Payee) (Date
)
STATUS:
Filed Notice of Settlement (Date
) (Valid for 45 days prior to closing)
____ For Agency or Agency administered construction financing, if applicable
____ For Agency or Agency administered permanent financing, if applicable
STATUS:
Deed Evidencing Title in Sponsor's Name (if applicable) (Date
STATUS:
)
Seller's Affidavit of Title and Corporate Resolution to Sell (if applicable)
(Date
)
STATUS:
Mortgagor's and/or Grantee’s Affidavit of Title* (Date
)
____ For Agency or Agency administered construction financing, if applicable
____ For Agency or Agency administered permanent financing, if applicable
STATUS:
Resolution to Borrow*/Resolution to Accept Grant Funds*, as applicable
(Date
)
____ For Agency or Agency administered construction financing, if applicable
____ For Agency or Agency administered permanent financing, if applicable
STATUS:
Counsel Opinion from Sponsor, Attorney* for loan closing. This opinion is required in
addition to the opinion required for bond sale inclusion. (Date
)
_____ For Agency or Agency administered construction financing, if applicable
_____ For Agency or Agency administered permanent financing, if applicable
STATUS:
Payoff Letter for Any Mortgages or Other Liens to be Discharged (Date
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 16 -
)
STATUS:
CPA Engagement Agreement*, (If applicable. This requirement is not applicable for project
receiving only Special Needs financing.) (Date
)
STATUS:
Closing Bills: invoices for payment; paid invoices and cancelled checks for reimbursement
(Date
)
STATUS:
_____
New Jersey Division of Taxation Tax Clearance Certificate (for ownership/borrowing entity)
(As of January 28, 2008, all entities receiving financing from a state agency must submit an
application for tax clearance with the Division of Taxation. Project sponsors should obtain
the application form from the HMFA paralegal assigned to their project and submit the
application to the Division of Taxation no more than 90 days prior to anticipated closing.
The Division of Taxation will issue a Certificate of Approval directly to HMFA, which will
be valid for a period of 180 days. After 180 days, an updated application must be submitted.
Please note as of March 1, 2009, a fee of $75.00 must be paid to the Division of Taxation
for the processing of all applications. The $75.00 will cover updates provided they are
requested within one year of the payment of the fee. Applications requiring expedited
processing will pay a fee to Taxation of $200.00)
Date of Clearance: __________________(Valid for 180 days)
STATUS:______________________________________________________________
____
Housing Resource Center (“HRC”) registration of project. For Multifamily residential rental
projects (Not required for Special Needs projects, unless required by another Agency
funding source.) (Date
)
STATUS:
__
HUD Environmental
___ Form 7015.16 – Environmental signoff from HUD
(Date
)
STATUS:
___ HERS Rater Contract
Architect/Engineer Documents:
Final Contract Drawings and Specifications, if updated since previously provided
(Date
)
STATUS:
Evidence of completion of Environmental Remediation Plans, if applicable
(Date
)
STATUS:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 17 -
Contractor Documents:
Termite Certification (for rehab) or Certification from Contractor that Treated Lumber will
be Used (for New Construction), if applicable (Date
)
STATUS:
100% Payment and Performance Bond naming Sponsor and NJHMFA as Obligee*
(Required for Agency Construction Financing. For Agency Permanent Financing, Sponsor
has the option of providing a 10% Letter of Credit or 30% Warranty Bond in lieu of
Payment and Performance Bond) Note this guarantee will be required to exist for a period of
two years post construction completion as determined by the Certificate of Occupancy date
or Architect’s Certificate of Substantial Completion, whichever is later. BOND IS TO
STATE THE NAME OF THE PROJECT, HMFA #, STREET ADDRESS AND
LOT/BLOCK DESIGNATION ON FIRST PAGE.
For Special Needs projects, refer to Special Needs Program document checklist
requirements. (Date
)
STATUS:
A.M. Best Rating for Surety Provider:_______
____
Verified List of Subcontractors signed by General Contractor (Date___________)
STATUS:______________________________________________________________
NJHMFA:
Closing Proforma/Cash Flow (Agency Form 10)* Please note that a closing date will not
be scheduled until a Closing Proforma has been finalized with the Agency.
(Date
)
____ Final Source & Uses Acknowledgement
____ For Agency or Agency administered construction financing, if applicable.
____ For Agency or Agency administered permanent financing, if applicable.
STATUS:
Receipt of Other Funding Sources, if applicable (Date
STATUS:
)
Closing Statement (Date
)
____ For Agency or Agency administered construction financing, if applicable.
____ For Agency or Agency administered permanent financing, if applicable.
STATUS:
Loan Documents* For any additional Agency financing programs, refer to program
specific checklist for additional loan documents required. (Date
)
Financing, Deed Restriction and Regulatory Agreement
Mortgage Note
Mortgage & Security Agreement
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 18 -
Assignment of Leases
UCC-1 Financing Statements
Assignment of Syndication Proceeds signed by Investor and Sponsor, if applicable
Disbursement Agreement, if applicable
Escrow Closing Agreement, if applicable
____ Other:____________________________
STATUS:
Tax Credits, if applicable:
Written confirmation that all requirements for Tax Credits have been received. This includes
payment of all required fees. (Date
)
STATUS:
___
W-9 Escrow Account forms* for Borrower/Buyer, if applicable.
(Date
)
STATUS:
V.
POST-CLOSING (for Construction Only Financing) or PERMANENT LOAN CLOSING
REQUIREMENTS (for Conversion from Construction to Permanent Financing, or permanent loan
closing from an Agency or Agency-administered source taking out an Agency or Agencyadministered construction source)
_____ Updates to any date sensitive documentation, including:
____ Tax Clearance Certificate
____ Criminal Background Checks
____ Certificate of Good Standing for all entities, as required
____ Other:
STATUS:
Tax Credits, if applicable:
Written confirmation that all requirements for Tax Credits have been received. This includes
payment of all required fees, if applicable.
STATUS:
MANAGEMENT AGENT:
Management Agreement Package*(in triplicate) Forms available on NJHMFA website:
http://www.state.nj.us/dca/hmfa (Date
)
Self-Managed (NJHMFA form MD 103.2)
Broker Managed (NJHMFA form MD 103.1)
For any additional Agency financing programs, refer to program specific checklist for
additional loan documents required.
STATUS:
SPONSOR:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 19 -
Certificate of Occupancy covering all units, if applicable (Date
DATE OF CERTIFICATE OF OCCUPANCY: __________________
STATUS:
____
)
DCA Owner’s (Building) Registration, if applicable (if not provided in Property
Management’s Management Agreement Package, or for existing building)
(Date
)
STATUS:________________________________________________________________
Final As-Built Survey (2 sealed originals certified to Sponsor, HMFA and Title Insurance
Company showing as-built condition of property including location of all buildings), (If
applicable) (Date
)
STATUS:
Final As-Built Drawings, (If applicable) (Date
STATUS:
)
Architect’s Certificate stating that all warranties and maintenance manuals have been
delivered to and received by the Sponsor, (If applicable) (Date
)
STATUS:
Architect's Certificate of Substantial Completion (AIA form), If applicable. (Date
DATE OF SUBSTANTIAL COMPLETION: __________
STATUS:
)
Title Policy (Post Closing) (Date
)
For Special Needs projects receiving a Grant, a copy of the loan policy issued to HUD or
other first mortgage lender is acceptable.
STATUS:
Recorded Documents (Post Closing) (Date
STATUS:
__
)
Insurance Policy covering Project naming HMFA as: a) First Mortgagee, b) Lender Loss
Payable and c) additional Insured; must meet Agency insurance specifications; original policy
with paid receipt required) PLEASE NOTE: The Agency’s Property Management
division requires a full 30 days to review insurance submissions. Please keep this in
mind when anticipating a closing date. (Note that an insurance certificate is not sufficient
to meet this requirement. If a full insurance policy is temporarily unavailable, closing may
occur if a letter is submitted from the insurance provider (not the broker) confirming that
the insurance agent has the authority to bind the provider insuring the project under the
Cert. of Insurance.) (Date
)
STATUS:
Final Release and Waiver of Liens and Affidavit of General Contractor*
(Date
)
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 20 -
STATUS:
Releases from all subcontractors* (for subcontracts valued at $10,000 or above), if
applicable (Date
)
STATUS:
Construction Cost Audit from Contractor, or audit document as otherwise approved by the
Agency (may apply to Special Needs Projects) (Date
)
STATUS:
ENERGY STAR:
Post-Construction Authorization Letter (Date
)
STATUS: _________________________________________________________
Note: This documentation must be collected prior to closing on permanent financing or at
post-closing for projects with construction-to-permanent financing. Please contact the
Green Homes Office for clarification.
TAX CREDITS GREEN POINT
Post-Construction Authorization Letter (Date
)
STATUS: _________________________________________________________
Note: This documentation must be collected prior closing on permanent financing or at
post-closing for projects with construction-to-permanent financing. Please contact the
Green Homes Office for clarification.
NJHMFA:
Loan Documents*, if applicable, for Permanent loan closing, if Agency or Agency
administered construction financing has already closed. (For any additional Agency
financing programs, refer to program specific checklist for additional loan documents
required. (Date
)
Financing, Deed Restriction and Regulatory Agreement
Mortgage Note
Mortgage & Security Agreement
Assignment of Leases
UCC-1 Financing Statement
Assignment of Syndication Proceeds signed by Investor and Sponsor, if applicable
Disbursement Agreement, if applicable
Escrow Closing Agreement, if applicable
____ Tax Credit Deed of Easement and Restrictive Covenant, if applicable
____ Errors and Omissions Statement
____ Other: ____________________________
(Date
)
STATUS:
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 21 -
VI.
FINAL MORTGAGE CLOSEOUT
SPONSOR:
Consent of Surety to final payment to Contractor (AIA form), if applicable
(Date
)
STATUS:
Title rundown through date of final disbursement (Date
STATUS:
)
Sponsor’s Development Cost Audit (or audit document as otherwise approved by the
Agency (may apply to Special Needs Projects) (Date
)
STATUS:
NJHMFA:
Final Mortgage Closing Statement (Date
STATUS:
)
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 22 -
NJHMFA Provisions to By-Laws of Corporation:
The Corporation acknowledges that any review of the provisions of these By-Laws by the New Jersey
Housing and Mortgage Finance Agency ("NJHMFA") is performed in accordance with its responsibility as
Lender and is intended only to assure that the Corporation is validly formed according to law, with the legal
authority to borrow the funds which will constitute the NJHMFA Mortgage Loan and to operate the Property
securing the NJHMFA Mortgage Loan. Notwithstanding any other provisions herein, the Corporation
acknowledges and agrees that as a condition of obtaining the NJHMFA Mortgage Loan, that the NJHMFA
statutes, rules and regulations and all the financing documents in connection with the NJHMFA Mortgage
Loan, are applicable to the Corporation and the Property securing the NJHMFA Mortgage Loan. The
Corporation further acknowledges that, except as contained in this Section, the NJHMFA makes no
representations express or implied, as to these By-Laws; and the Corporation and the Shareholders shall not
rely upon the NJHMFA review of these By-Laws.
----------------------------------------HMFA Provisions to Partnership Agreements:
The Partnership acknowledges that any review of the provisions of this Agreement by the New Jersey
Housing and Mortgage Finance Agency ("NJHMFA") is performed in accordance with its responsibility as
Lender and is intended only to assure that the Partnership is validly formed according to law, with the legal
authority to borrow the funds which will constitute the NJHMFA Mortgage Loan and operate the Property
securing the NJHMFA Mortgage Loan. Notwithstanding any other provisions herein, the Partnership
acknowledges and agrees that as a condition of obtaining the NJHMFA Mortgage Loan, that the NJHMFA
statutes, rules and regulations and all the financing documents in connection with the NJHMFA Mortgage
Loan, are applicable to the Partnership and the Property securing the NJHMFA Mortgage Loan. The
Partnership further acknowledges that, except as contained in this Section, the NJHMFA makes no
representations express or implied, as to this Agreement; and the Partnership and the Partners shall not rely
upon the NJHMFA review of this Agreement.
---------------------------------------NJHMFA Provisions to Operating Agreement of Limited Liability Company (L.L.C.):
The Company acknowledges that any review of the provisions of this Operating Agreement by the
New Jersey Housing and Mortgage Finance Agency ("NJHMFA") is performed in accordance with its
responsibility as Lender and is intended only to assure that the Company is validly formed according to law,
with the legal authority to borrow the funds which will constitute the NJHMFA Mortgage Loan and to operate
the Property securing the NJHMFA Mortgage Loan. Notwithstanding any other provisions herein, the
Company acknowledges and agrees that as a condition of obtaining the NJHMFA Mortgage Loan, that the
NJHMFA statutes, rules and regulations and all the financing documents in connection with the NJHMFA
Mortgage Loan, are applicable to the Company and the Property securing the NJHMFA Mortgage Loan. The
Company further acknowledges that, except as contained in this Section, the NJHMFA makes no
representations express or implied, as to this Operating Agreement; and the Company and the Members shall
not rely upon the NJHMFA review of this Operating Agreement.
Technical Services Requirements for
Monitoring Project Construction
Whether the HMFA is making a permanent take-out loan or a construction and permanent loan, it requires that
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 23 -
its Technical Services Division monitor the construction of the project. Listed below are the HMFA
requirements please read carefully and be prepared to provide the necessary documentation and co-operation.
Contract Documents
Those documents that comprise a construction contract, the owner/developer-contractor agreement, conditions of the
contract {general, supplementary, and other conditions), plans and specifications, all addenda, modifications, and
changes thereto, together with any other items stipulated as being specifically included.
Architect’s Contract
That document that outlines the performance of architectural services, including analysis of project requirements,
creation and development of the project design, preparation of drawings, specifications, and bidding requirements and
the general administration of the construction contract. As the owner/developer's representative, the design
professional should participate in the process by observing and administering the contract for construction including
job site inspection, attendance at job site meetings, the creation of meeting minutes, shop drawing review, change order
review, punch list inspections and so on.
Summary Trade Payment Breakdown
This document divides the total cost of construction, as established by the construction contract, into various segments
related to a specific trade. This "breaking down" of the total cost of construction is reflected on the application for
payment and simplifies the determination of a percentage of work complete for the purpose of making payments to the
contractor.
Detailed Trade Payment Breakdown
This document further divides and refines the Summary Breakdown above into its constituent parts. For example, the
plumbing line on the summary breakdown would be further developed to show its component parts including potable
and nonpotable water piping, sanitary piping, gas piping, toilet and bath fixtures, kitchen fixtures, and so on. This
detailed information further enhances our ability to review project costs as well as to determine a percentage of work
complete for the purpose of making payments to the contractor.
Shop Drawings
These documents can be drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data
prepared by the contractor or any subcontractor, manufacturer, supplier, or distributor, which illustrate specific
portions of the work and how they will be fabricated and installed. The contract documents usually allow for a number
of choices in many portions of the work. The shop drawings are the approved choice of the owner/developer and their
professional and consultants and become the reference for Agency inspections during construction.
Payment Requisitions
The contractor prepares the application according to the approved Summary Trade Payment Breakdown or Schedule of
Values. The contractor submits it to the design professional for approval. The design professional reviews the
application in light of his/her own observations and records and certifies an amount that he/she feels is appropriate. If
the HMFA is providing construction financing, then the application for payment is reviewed and approved by a Field
Representative and the Director of Technical Services. Otherwise, the requisition is provided for information purposes
only.
Change Orders
A written order to the contractor signed by the owner and the architect, issued after the execution of the contract,
authorizing a change in the work and/or an adjustment in the
contract sum. These changes may add to, subtract
from, or vary the scope of the work. Change orders may also be used to adjust the contract time as originally defined
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 24 -
by the contract documents. If the Agency is providing construction financing, then change orders are approved by a
Field Representative and the Director of Technical Services. Otherwise, any change orders are provided for
informational purposes only.
Drawing Revisions and/or Clarification Sketches
The design professional, as the author of documentation that delineates the final design of the project, is the
appropriate administrator of decisions regarding their interpretation. Often, this interpretation and clarification is
provided to the contractor in the form of revised drawings with “clouded” areas or by providing smaller sketches which
clarify missing or confusing details. These documents enhance or build upon the contract documents and should be
provided to the Agency for informational purposes and for use by field staff during project inspection.
Prevailing Wage Reports
If the HMFA is providing construction financing the contractor and its subcontractors are required to submit certified
payroll reports to the Director of Technical Services. These reports will be compared to the prevailing wage within the
contract documents. Otherwise, these documents are not required.
Administrative Questionnaires
If the HMFA is providing construction financing, the contractor and its subcontractors are required to complete and
submit personal and corporate questionnaires. Otherwise, these documents are not required.
Subcontracts over $25,000.
If the HMFA is providing construction financing, the contractor is required to submit fully executed subcontracts in
excess of $25,000. Those documents will be reviewed by the Director of Technical Services for compliance with the
contract documents. Otherwise, these documents are not required.
Preconstruction Meeting
A meeting should be held prior to the notice to proceed being issued. These meetings provide an opportunity to clear up
any unfulfilled requirements, define the role of the various members of the construction team, as well as simply
providing everyone a chance to get acquainted. Many loose ends can be tied up in a timely manner at these meetings
and they are highly recommended.
Notice to Proceed
This document is a written communication issued by the owner to the contractor authorizing him/her to proceed with
the work. This notice establishes the date of commencement of the work and is directly related to the contractor's time
of performance and the assessment of damages and/or delay claims, if applicable. The start date is necessary to create
a production schedule and to monitor the contractor's performance and its compliance with the contract documents.
Construction Schedule
The construction schedule sets forth the contractor's estimate of the completion of the project. One of the functions of
this document should be to indicate the approximate degree of completion that the owner and lender can expect at each
application for payment. In those instances when the Agency is providing permanent financing, the schedule provides
insight regarding date of closing, the need to recommit, or the date of occupancy.
Minutes of Meetings
A record of meetings between the parties to the contract is a very important resource. During job meetings discussions
can cover a wide range of topics including quality and quantity of work performed to date, change orders, requests for
clarification by the contractor to the professional or owner, delays, payments, and so on. Technical Services routinely
receives them for construction financed projects and should receive them on all of our permanent financed deals, as
well.
Architect's Field Report
AIA Document G711 is designed to document the design professional's compliance with the duty of periodic job site
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 25 -
inspections. [The Professional may choose to use his/her own form.] These inspections may identify problems with the
work and certain corrective actions to be taken ultimately leading to the issuance of Supplemental Instructions.
Bank Inspector's Report
If a lender other than the Agency makes construction inspections, Technical Services would like to be provided copies of
these reports for our review and possible comment.
This memorandum contains advisory, consultative and deliberative material and is intended only for the person(s) named as recipient(s).
Revised April 4, 2014 (AEB)
- 26 -
Major and Severe Renter Damage by Municipality
Municipality
County
Atlantic City
Toms River
Seaside Heights
Jersey City
Keansburg
Ventnor
Hoboken
Long Branch
Little Ferry
Highlands
Ocean City
Little Egg Harbor
Sea Bright
Brick
Point Pleasant Beach
Union Beach
Manasquan
Belmar
Brigantine
Stafford
Middletown
Seaside Park
Egg Harbor
Sayreville
Long Beach
Margate
Bayonne
South River
Lavallette
Berkeley
Newark
Ocean Gate
Carteret
Asbury Park
Moonachie
Monmouth Beach
Beach Haven
Ship Bottom
Lacey
Penns Grove
Hackensack
Wildwood
Keyport
Elizabeth
Tuckerton
Point Pleasant
Bay Head
Rahway
Atlantic
Ocean
Ocean
Hudson
Monmouth
Atlantic
Hudson
Monmouth
Bergen
Monmouth
Cape May
Ocean
Monmouth
Ocean
Ocean
Monmouth
Monmouth
Monmouth
Atlantic
Ocean
Monmouth
Ocean
Atlantic
Middlesex
Ocean
Atlantic
Hudson
Middlesex
Ocean
Ocean
Essex
Ocean
Middlesex
Monmouth
Bergen
Monmouth
Ocean
Ocean
Ocean
Salem
Bergen
Cape May
Monmouth
Union
Ocean
Ocean
Ocean
Union
Points
10 points
8 points
6 points
Rumson
North Wildwood
Ocean
Harrison
Neptune
Pleasantville
Ridgefield Park
Secaucus
Weehawken
Sea Isle City
Linden
Woodbridge
Surf City
Camden
Avon-by-the-Sea
Somers Point
Kearny
South Amboy
Old Bridge
Oceanport
Lyndhurst
Perth Amboy
Red Bank
Wallington
Monmouth
Cape May
Ocean
Hudson
Monmouth
Atlantic
Bergen
Hudson
Hudson
Cape May
Union
Middlesex
Ocean
Camden
Monmouth
Atlantic
Hudson
Middlesex
Middlesex
Monmouth
Bergen
Middlesex
Monmouth
Bergen
4 points
2 points
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5700-N-28]
HUD’s Fiscal Year (FY) 2013 Notice of Funding Availability (NOFA) for
Section 811 Project Rental Assistance Program
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD.
ACTION: Notice of Funding Availability (NOFA) for HUD’s Fiscal Year (FY) 2013 Section
811 Supportive Housing for Persons with Disabilities (Section 811) Project Rental Assistance
(PRA) Program.
SUMMARY: Today’s publication provides information and instructions for the FY 2013
Section 811 PRA program. This Notice comprises both the Notice of HUD’s Fiscal Year (FY)
2013 Notice of Funding Availability (NOFA), Policy Requirements, and General Section
(General Section) to HUD’s FY 2013 NOFAs for Discretionary Programs, posted on
www.Grants.gov on August 8, 2012, and this program section to the NOFA. This NOFA
announces the availability of Section 811 PRA funding for state housing or other appropriate
housing agencies to provide project-based rental assistance in the development of supportive
housing for extremely low-income persons with disabilities. To be eligible for Section 811 PRA
funds, these housing agencies must have a formal partnership with the State health and human
service agency and the state agency designated to administer or supervise the administration of
the State plan for medical assistance under Title XIX of the Social Security Act (Medicaid) who
will be providing appropriate services and supports directly to residents. In many states, this is
the same agency, so the NOFA will refer to the “State Health and Human Services/Medicaid
Agency”. This Section 811 PRA program is designed to develop and support sustainable
partnerships with state housing agencies and State Health and Human Services/Medicaid
agencies that will result in long-term strategies to provide permanent affordable rental housing
for people with disabilities receiving assistance under Title XIX of the Social Security Act or
other individuals with disabilities receiving comparable long-term services and supports in the
community.
APPLICATION DEADLINE DATE: The application deadline date is 11:59:59 p.m. on May
5, 2014. Applications must be received by Grants.gov no later than 11:59:59 p.m. eastern time
on the application deadline date.
FOR FURTHER INFORMATION CONTACT: Questions regarding specific program
requirements should be directed to Lessie Powell Evans, Office of Housing Assistance and Grant
Administration, Department of Housing and Urban Development, 451 Seventh Street SW, Room
6234, Washington, DC 20410 or to PRAapplications@hud.gov . Questions regarding the FY
2013 General Section should be directed to the Grants Management Office at 202-708-0667 (this
is not a toll-free number). Persons with hearing or speech impairments may access this number
via TTY by calling the Federal Relay Service at 800-877-8339.
2
HUD expects to hold an information webcast via satellite or a webinar for potential applicants to
learn more about the Program and preparation of an application. For more information about the
date and time of this webcast, consult the HUD website at www.hud.gov.
OVERVIEW INFORMATION:
A. Federal Agency Name. Department of Housing and Urban Development, Office of
Multifamily Housing Programs.
B. Funding Opportunity Title. Section 811 Supportive Housing for Persons with Disabilities Project Rental Assistance (PRA) Program.
C. Announcement Type. Initial announcement.
D. Funding Opportunity Number. The Federal Register number for this NOFA is
FR-5700-N-28.
E. Catalog of Federal Domestic Assistance (CFDA) Number(s). 14.326, OMB Approval
No.:2502-0608.
F. Application Deadline Date. The deadline date is 11:59:59 p.m. eastern time on May 5,
2014. Applications must be received by Grants.gov no later than 11:59:59 p.m. eastern time on
the application deadline date. Applications must meet the timely receipt requirements of the
General Section. See Section IV of the General Section regarding application submission
procedures and timely filing requirements. Eligible Applicants need to be aware that following
receipt, applications go through a validation process in which the application may be accepted or
rejected. Please allow time for the process to ensure that you meet the timely receipt
requirements. Please see the FY 2013 General Section for instructions for timely receipt,
including actions to take if the application is rejected. Eligible Applicants should carefully read
the section titled “INSTRUCTIONS ON HOW TO DOWNLOAD AN APPLICATION
PACKAGE AND APPLICATION INSTRUCTIONS” in the General Section. This section
contains information on using Adobe Reader, HUD’s timely receipt and grace period policies,
and other application information. The latest version of Adobe Reader used by Grants.gov is
Adobe Reader 10.0.1 which is compatible with Microsoft Vista for PCs and MAC computers.
Nuance Readers cannot be used.
G. Additional Overview and Contact Information.
1. Purpose of the Program. On January 4, 2011, the President signed the Frank Melville
Supportive Housing Investment Act of 2010 which amended Section 811 of the CranstonGonzalez National Affordable Housing Act (Pub L. 111-374). This legislation made significant
changes to Section 811 with one of the changes being the establishment of new project rental
assistance authority which provides funding to state housing and other appropriate agencies for
project-based rental operating assistance for extremely low-income persons with disabilities.
The primary purpose of this program is to identify, stimulate, and support innovative state-level
3
strategies that will transform and increase housing for extremely low-income persons with
disabilities while also making available appropriate support and services. HUD is seeking to
support State housing and health and human service/Medicaid agencies collaborations that have
or will result in increased access to affordable permanent supportive housing units – new and
existing units – with access to appropriate services. Many States have already developed
partnerships to address this need, and the Department hopes to support these efforts and
incentivize additional states to develop similar collaborative efforts. This Section 811 PRA
NOFA will allow HUD to identify and support successful and promising state models. This
program provides states with the flexibility to award and administer these funds to address the
shortage of affordable and integrated housing for persons with disabilities. Housing agencies
may either directly administer the rental assistance contracts to eligible properties or contract
with other qualified parties to administer the long-term rental assistance contracts.
The outcomes of the program include:
a. Facilitating and sustaining effective and successful partnerships between state housing or
other appropriate housing agencies and state health and human service/Medicaid agencies to
provide permanent housing with the availability of supportive services for extremely lowincome persons with disabilities.
b. Discovering approaches to providing housing for persons with disabilities with access to
appropriate services that can be replicated.
c. Identifying innovative and replicable ways of using and leveraging Section 811 PRA funds.
d. Substantially increasing integrated affordable rental housing units for persons with
disabilities within existing, new, or rehabilitated multifamily properties with a mix of
incomes and disability status.
e. Creating more efficient and effective uses of housing and health care resources.
2. Available Funds. The available funding is made by the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6), March 26, 2013 and the Consolidated
Appropriations Act, 2014 (Public Law113-76), January 17, 2014, totaling $120 million.
Additional funding may be available based on carry-over funds from prior fiscal years
3. Type of Funds. Project rental assistance that will cover the difference between the tenant
payment and the approved rent (as described in Section III.B.2 Program Requirements). These
funds cannot be used for construction or any capital development costs.
4. Award Information. HUD anticipates individual grants awarded under this NOFA will
range from a minimum of $2 million and a maximum of $12 million.
5. Matching Funds. There is no matching requirement for applications under this program
NOFA. However, leveraging is encouraged and addressed in Section V.B.4 Rating Factor 4,
Leveraging.
4
6. Eligible Applicants. Any housing agency currently allocating Low Income Housing Tax
Credits (LIHTC) under Section 42 of the Internal Revenue Service Code of 1986 or any state
housing or state community development agency allocating and overseeing assistance under the
HOME Investment Partnerships Act (HOME) or a similar federal or state program. An Eligible
Applicant may also be a state, regional, or local housing agency or agencies; or a partnership or
collaboration of state housing agencies and /or state and local/regional housing agencies. See
Sections III.A for additional information related to Eligible Applicant. To be eligible, the agency
must have a formal partnership with the State Health and Human Services/Medicaid agencies
(See Section III below for specific information).
Note: Only one Eligible Applicant per state is eligible to receive funding, and each State
should determine which Eligible Applicant, in the event there may be more than one, is the
most appropriate.
The State Health and Human Services/Medicaid agency can only be included in one
application for Section 811 PRA funds per state. If the state health and human
services/Medicaid agency is included in multiple applications from one state, none will be
considered. Since this is a state program, HUD will be rating individual state applications. The
State Health and Human Services/Medicaid agency will need to decide which Eligible Applicant,
in the event there may be more than one, to partner with for this application submission.
Note: Private Citizens, for-profit entities, and nonprofit organizations are not eligible to
apply.
FULL TEXT OF ANNOUNCEMENT
I. FUNDING OPPORTUNITY DESCRIPTION
A. Program Description. This Section 811 PRA Program seeks to identify, stimulate, and
support sustaining state approaches that will transform the provision of housing for persons with
disabilities while providing access to appropriate supports and services. This NOFA will provide
project-based rental assistance funding to housing agencies. These funds are only available to be
used as project-based rental assistance for housing units integrated in multifamily properties that
are set-aside for extremely low-income persons with disabilities who are eligible for communitybased long term care services and supports provided under a State Medicaid Program or other
comparable long-term services program, plus administrative costs as defined in Section I.C.1
below. This is not a voucher program. This Section 811 PRA program will support successful
and promising state partnership models that have been developed to increase the number of
permanent housing units for persons with disabilities with access to appropriate services.
This NOFA allows states to creatively combine or bundle Section 811 PRA funds with
existing state administered affordable rental housing finance and development programs.
Housing agencies may either directly administer this project rental assistance to supported
properties or in instances where there is limited experience, housing agencies are encouraged to
5
partner/contract with other qualified parties to administer the long-term project rental assistance
contracts. See “Experience Managing Rental Assistance Program” under Section V.B, Rating
Factor 1.B.
A major threshold requirement of the program is that the state housing agency must have a
focused partnership as described in Section III.C.2.b, with the State Health and Human
Service/Medicaid Agencies that will be responsible for ensuring that residents have access to the
services and supports necessary to live in the community as described in the Program
Requirements below.
B. Authority. The authority for this program is Section 811 of the Cranston-Gonzalez National
Affordable Housing Act, as amended by the Frank Melville Supportive Housing Investment Act
of 2010 (Pub. L. 111-374). The funding is made available by the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6), approved March 26, 2013) and the
Consolidated Appropriations Act, 2014 (Public Law, 113-76), approved January 17, 2014.
C. Terms and Definitions.
1. Administrative Costs for Awardees. Administrative costs pursuant to this grant award may
be provided at initial funding and subsequent annual funding renewals under this award.
Administrative costs are allowable at a rate of up eight (8) percent of the annual total amount
awarded at HUD’s discretion based upon the range of tasks undertaken by the Eligible
Applicant, see Section V.B, Ranking Factor 1.B, for additional information on administrative
costs. These funds may be used for planning and other costs associated with developing and
operating the Section 811 PRA program, including infrastructure and technology needed to
operate the program. The costs should include both direct and indirect costs. If an Eligible
Applicant includes administrative costs in their budget as a direct cost, it cannot charge these
costs as part of their indirect cost rate as well, and should instruct their auditor or the government
auditor setting the rate of the availability and use of the administrative costs as described in this
NOFA and how the Eligible Applicant is applying them in their PRA program.
2. Co-Applicant. When two Eligible Applicants work together to submit a unified
application to HUD, each will be considered a Co-Applicant under the same application.
The Co-Applicant will also sign the Cooperative Agreement and be responsible for
implementing the activities identified in the approved Implementation Plan, but will not directly
receive access to funding through HUD’s Line of Credit Control System (LOCCS). Only the
Lead Applicant, as defined below, which must be identified in the Abstract and the Narrative
response to the Rating Factors, shall have access to LOCCS. See definition of Lead Applicant
below.
3. Cooperative Agreement. The grant award shall be in the form of a Cooperative Agreement
executed between HUD and the Eligible Applicant (and where applicable, Co-Applicant). HUD
will have substantial involvement during the period of performance, including but not limited to:
development of the program, oversight of the progress made on the proposed activities and
results of those activities, monitoring of funds drawn and project deliverables, and timelines.
6
The terms of the Cooperative Agreement include the work to be performed under the grant and
any special conditions or requirements, including the extent of HUD involvement.
4. Eligible Multifamily Property. An eligible multifamily property can be any new or existing
property owned by a nonprofit or a private entity with at least 5 housing units. Financing
commitments have been made by the Eligible Applicants or any housing agency currently
allocating LIHTC under Section 42 of the Internal Revenue Service Code of 1986 (IRC) or any
state housing or state community development agency allocating and overseeing assistance under
the HOME Investment Partnerships Act (HOME) and/or any federal agency or any state or local
government program. Development costs, if any, must be paid with other public or private
resources. Section 811 and Section 202 Capital Advances may not be used. Properties with
existing use restrictions for persons with disabilities are not eligible, unless such Section 811
PRA funds are being used to support other units in the building without such restrictions.
Existing units receiving any form of long-term operating housing subsidy within a six-month
period prior to receiving Section 811 PRA funds, such as assistance under Section 8, are
ineligible to receive this assistance. In addition, units with use agreements requiring housing for
persons 62 or older would not be eligible to receive Section 811 PRA funds.
5. Eligible Tenants. Section 811 PRA funds can only be provided to support units for
extremely low-income households where at least one person must be an individual with a
disability, 18 years of age or older and less than 62 years of age at the time of admission into the
property. The person with the disability must be eligible for community-based, long-term
services as provided through Medicaid waivers, Medicaid state plan options, state funded
services or other appropriate services related to the target population under the Inter-Agency
Partnership Agreement, as described in III.C.2.b.
6. Extremely Low-Income Family. A family whose annual income does not exceed 30 percent
of the median income for the area, as determined by HUD with adjustments for smaller and
larger families, is eligible to benefit from this rental assistance program. Both “annual income”
and “extremely low-income family” are defined in 24 CFR 5.603. Federally mandated income
exclusions defined by 24 CFR 5.609 must be applied in determining income eligibility at the
time of admission and in calculating the Eligible Tenant’s income during the interim/annual
recertification stages.
7. Grantee. When an Eligible Applicant is successfully selected by HUD and executes the
Cooperative Agreement with HUD, the same entity shall be referred to as the Grantee for the
purposes of this NOFA. In cases where a Co-Applicant also executes the Cooperative
Agreement, the Co-Applicant would be referred to as the Co-Grantee.
8. Implementation Plan. The Implementation Plan is the applicant’s comprehensive strategy
and plan that will be used to develop and manage the state’s Section 811 PRA Program as
presented in the Section 811 PRA grant application. The specific requirements are outlined in
Section V.B. Rating Factor 3.
9. Lead Applicant. Lead Applicant means where there is also a Co-Applicant, the primary
housing agency responsible for implementing the HUD funded Section 811 PRA Program. The
7
Lead Applicant must meet the definition of an Eligible Applicant. The Lead Applicant will sign
the HUD Agreement and is the sole entity that will have access to HUD’s Electronic Line of
Credit Control System (eLOCCS) in order to drawdown PRA funding.
10. Letter(s) of Intent. Eligible Applicants must demonstrate their ability to administer the
type of multifamily financing and ensure Eligible Tenants in the Eligible Multifamily Property
receive supportive services as described in this NOFA. To do so, Eligible Applicants either must
demonstrate their own capacity to provide required capital funding and manage affordable
housing programs and projects or must provide letters of intent from one or more third party
entities (such as Performance Based Contract Administrators, Public Housing Authorities or
private contractors that specialize in this work and have established high quality track records
administering and processing payments to property owners). Eligible Applicants can contract
with public or private entities to perform functions under this NOFA. Letters of Intent must be
provided in those instances where the Eligible Applicant is using other entities to perform
requirements under this NOFA. To qualify, the letter of intent, whether from the one or more
state agencies or third party entities must: 1) include the name of the entity agreeing to perform
an activity specified in the application; 2) include the name of the Eligible Applicant;
3)demonstrate the financial capacity to deliver the resources necessary to carry out the activity
expressed in dollar value as it relates to the program activity or commit to provide the specific
supportive service(s); and 3) evidence the intent to commit the resources to the program if the
application is funded. The letter of intent must be written on the letterhead of the entity/agency
and addressed to the Eligible Applicant, must be executed by an official of the organization
legally authorized to make commitments on behalf of the organization, must be dated no earlier
than 9 months from the date of publication of this NOFA, and must state how long the
commitment remains valid should an award be granted. HUD understands the difficulties in
obtaining new agreements in existing programs, however, existing agreements dated prior to 9
months of the date of the publication of this NOFA need to be affirmed by all signatories.
11. Persons with Disabilities. Person with disabilities shall have the meaning provided in
Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(k)(2)).
The term "person with disabilities” shall also include the following:
a. A person who has a developmental disability, as defined in section 102(7) of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(5)), i.e., if he
or she has a severe chronic disability which:
(i)
Is attributable to a mental or physical impairment or combination of mental and
physical impairments;
(ii) Is manifested before the person attains age twenty-two;
(iii) Is likely to continue indefinitely;
(iv) Results in substantial functional limitation in three or more of the following areas of
major life activity:
(a) Self-care;
(b) Receptive and expressive language;
(c) Learning;
(d) Mobility;
8
(e) Self-direction;
(f) Capacity for independent living;
(g) Economic self-sufficiency; and
(h) Reflects the person's need for a combination and sequence of special,
interdisciplinary, or generic care, treatment, or other services which are of lifelong or
extended duration and are individually planned and coordinated.
b. A person with a chronic mental illness, i.e., a severe and persistent mental or emotional
impairment that seriously limits his or her ability to live independently, and which impairment
could be improved by more suitable housing conditions.
c. A person infected with the human acquired immunodeficiency virus (HIV) and a person who
suffers from alcoholism or drug addiction, provided they meet the definition of "person with
disabilities” in Section 811 (42 U.S.C. 8013(k)(2)). A person whose sole impairment is a
diagnosis of HIV positive or alcoholism or drug addiction (i.e., does not meet the qualifying
criteria in section 811 (42 U.S.C. 8013(k)(2)) will not be eligible for occupancy in a Section 811
PRA project.
12. Section 811 Project Rental Assistance (PRA). Section 811 Project Rental Assistance is
defined as funding that is made available by HUD to Grantee for purposes of providing longterm rental assistance for supportive housing for non-elderly, extremely low-income persons
with disabilities and for extremely low-income households that include at least one non-elderly
person with a disability that will fund the difference between the tenants’ payment for rent and
the approved rent for the Section 811 PRA unit.
13. Rental Assistance Contract (RAC). Rental Assistance Contract is defined as the contract
between the Grantee and the owner of the Eligible Multifamily Property which sets forth the
rights and duties of the parties with respect to the Eligible Multifamily Property and the
administration of the PRA program
14. Uniform Physical Condition Standards (UPCS). Uniform national standards established
by HUD for housing that is decent, safe, sanitary, and in good repair. UPCS requires that items
in five categories (site, building exterior, building systems, dwelling units, and common areas)
must be inspected in any physical inspection of the property. UPCS is more specifically
described in 24 CFR 5.703.
II. AWARD INFORMATION
A. HUD Award and HUD’s Involvement. HUD will notify all applicants as to whether or not
they have been conditionally selected for an award. If selected, HUD’s notice concerning the
amount of the award (based upon the approved application) will constitute HUD’s conditional
approval, subject to negotiation and the execution of a Cooperative Agreement. HUD will have
ongoing involvement in the review, development and the ongoing operation of state programs
and the Cooperative Agreement allows this involvement. Withdrawals of funds from the
eLOCCS system are subject to HUD approval.
9
B. Funding Availability. Approximately $100 million is available in FY 2013 and
approximately $20 million in FY 2014, totaling $120 million in funding. Additional funding
may be available based on carry-over funds from prior years.
1. Number of Awards. HUD expects to provide between 12 and 18 awards.
2. Type of Awards. HUD will provide Grantees with Section 811 PRA grants to administer
Rental Assistance Contracts with owners of Eligible Multifamily Properties.
3. Period of Performance. The Cooperative Agreement between HUD and Grantee shall be for
a minimum of 20 years, with initial funding for the first five years, and with subsequent renewal
subject to appropriations. All Rental Assistance Contracts shall be for a minimum of 20 years
(continued funding in years beyond the first five years is also subject to appropriations).
III. ELIGIBILITY INFORMATION
A. Eligible Applicants. Any housing agency currently allocating LIHTC under Section 42 of
the Internal Revenue Service Code of 1986 (IRC) or any state housing or state community
development agency allocating and overseeing assistance under the HOME Investment
Partnerships Act (HOME) and/or a similar federal or state program. An Eligible Applicant may
also be a state, regional, or local housing agency or agencies; or a partnership or collaboration of
state housing agencies and/or state and local/regional housing agencies. To be eligible, the
agency must have a formal partnership with the State Health and Human Services/Medicaid
agencies (See Section III below for further information).
Note: Only one Eligible Applicant is eligible per state to receive funding and each state
should determine which Eligible Applicant, in the event there may be more than one, is the
most appropriate.
The State Health and Human Services/Medicaid Agency can only be included in one
application for Section 811 PRA funds. If the state health and human services/Medicaid
agency is included in multiple applications from one state, none will be considered. Since
this is a state program, HUD will be rating individual state applications. The State Health and
Human Services/Medicaid agency will need to decide which Eligible Applicant, in the event
there may be more than one, to partner with for this application submission. In collaborations or
partnerships of Co-Applicants, one must be identified as the “Lead Applicant” (see Section I. C
Terms and Definitions below). The Lead Applicant and Co-Applicants must meet the definition
and requirements of an Eligible Applicant and must meet all of the Program Requirements
below.
1. Ineligible to Apply. Private citizens, for-profit entities, and nonprofit organizations are not
eligible to apply.
2. Troubled Status. If an applicant or co-applicant has any outstanding HUD or Office of
Inspector General (OIG) audit finding or has been designated with a “Troubled” status or other
10
similar finding or designation, as a threshold requirement under Section III.C.3 of this NOFA,
HUD will use documents and information available to it to determine whether the applicant is
acceptable to HUD. The applicant may still be eligible to apply if HUD determines:
a. The finding or designation is for reasons that will not affect its capacity to carry out the
Eligible Activity;
b. The applicant is making substantial progress toward eliminating the deficiencies of the
agency that resulted in the designation or finding;
c. The applicant has not been found to be in noncompliance for fair housing or other civil rights
requirements, or
d. The applicant is otherwise determined to be capable of carrying out the Eligible Activity.
B. Cost Sharing or Matching.
There is no matching requirement for applications under this program NOFA. However,
leveraging is encouraged and addressed in Section V.A.4 Rating Factor 4, Leveraging.
C. Other
1. Eligible Activities. Section 811 PRA funds can only be used to fund project-based rental
operating assistance and allowable administrative costs relating to the administration of Section
811 PRA Program, but cannot be used to fund any project development costs. Development
costs on eligible Multifamily Projects must be paid with funds from other public and private
sources, however, a commitment of funding for project costs must be made by the LIHTC
allocation agency, a participating jurisdiction receiving assistance under the HOME program, or
any federal, state or local government agency in accordance with program requirements or
regulations, with the exception of HUD Section 811 and Section 202 capital advance funds
which cannot be used. Section 811 PRA funds allow Eligible Applicants to be flexible in how
the project rental assistance is structured and administered within the confines of the program
requirements under this NOFA. Eligible tenants can be selected in accordance with state
approved tenant selection policies, criteria, and federal nondiscrimination laws. In order for
supportive units to qualify for Section 811 PRA funds, there must be a written agreement with
the State Health and Human Services/Medicaid agency or agencies that appropriate services will
be made available for the tenants, more fully described in 2.c below.
2. Threshold Requirements for All Applications.
a. General HUD Threshold Nondiscrimination and Other Requirements. Except for those
specific Program Requirements in Section III of this NOFA, see Section III.C. of the General
Section for other applicable thresholds requirements. Eligible Applicants should review those
provisions that could result in the failure to receive funding, including the Dun and Bradstreet
Universal Numbering System (DUNS) Number Requirement, Resolution of Outstanding Civil
Rights Matters, provisions relating to Delinquent Federal Debts, and the Name Check Review.
HUD will not make awards to entities that are debarred, suspended or are on the HUD Limited
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Denial of Participation List. Non-compliance with a threshold requirement will result in
disqualification.
b. Program Specific Threshold Requirement. In addition to the threshold requirements of the
General Section, each application must meet the following program specific threshold
requirement:
The Inter-Agency Partnership Agreement outlining the partnership between the
Lead Applicant and state health and human services/Medicaid agency (ies). The
Eligible Applicant, or in cases where there are Co-applicants, the Lead Applicant must
provide an Inter-Agency Partnership Agreement that provides evidence that a formal
structure for collaboration to participate in the state’s Project Rental Assistance program
to develop permanent supportive housing for extremely low-income persons with
disabilities. This Partnership Agreement must include the Eligible Applicant and the
state agency or agencies charged with administering state health and human services
programs and policies, and the state Medicaid programs. In states where the state health
and human service agency is not also the state Medicaid agency, both agencies’
participation must be evidenced. If these agencies have an existing agreement to provide
housing and services, an addendum may be added to that existing document that
addresses the provisions for this 811 PRA Program and that document can then serve as
the Inter-Agency Partnership Agreement. Additional agencies providing oversight,
coordination or services can also be included in this agreement. The agreement must
include: 1) detailed description of the target population(s) to be served, 2) methods for
outreach and referral, and 3) a commitment to make appropriate services available for
residents in Section 811 PRA assisted units in multifamily properties. The authorizing
legislation allows the Section 811 PRA program applicants to identify one or more
specific targeted populations for this funding. In the agreement, States must identify the
available state administered services and other appropriate services and describe how
such services will be made available to the tenants.
The agreement shall have a term of not less than five (5) years and should be co-terminus
with the term of the initial funding of units under this NOFA. HUD is seeking long term
commitments from states to make available services for the targeted populations. HUD
understands these services are typically funded annually through state and federal
entitlement programs and will accept commitments subject to contingencies based upon
annual funding. It shall also evidence the Eligible Applicant’s commitment to ensure that
tenancy in Section 811 PRA assisted units is reserved for the targeted populations
identified in the agreement that will benefit from the available services. Such services
will allow for eligible residents to live independently in supportive housing units. To
protect the interest of both tenants and multifamily owners, participating agencies must
demonstrate the States’ ability to provide appropriate community-based long-term
services and supports to the populations proposed to be targeted under this application.
However, tenant participation in supportive services is voluntary and cannot be required
as a condition of tenancy.
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In addition to HUD regulations regarding evictions under 24 CFR part 5, an owner may
not terminate the tenancy or refuse to renew the lease of a tenant of a Section 811 PRA
assisted unit except: 1) for serious or repeated violations of the terms and conditions of
the lease, for violation of applicable federal, state, or local law, or for other good cause,
and 2) by providing the tenant, not less than 30 days before such termination or refusal to
renew, with written notice specifying the grounds for such action.
3. Program Requirements.
a. Limitation on Populations Served. Section 811 PRA funds may only be provided for
housing units set aside for extremely low-income households, where at least one person is an
individual with a disability, and is age 18 or older, but less than 62 years of age at the time of
admission. Furthermore, a person with a long term disability served under this program must be
eligible for community-based long term care services and supports provided for under the state’s
plan for medical assistance under Title XIX of the Social Security Act such as Medicaid 1915(c)
waivers, the Medicaid 1915(i) option, the Medicaid Rehabilitation option, certain Medicaid 1115
demonstration waivers and similar successor programs, or other federal or state appropriated or
other targeted community-based long-term services and supports program that the state certifies
is comparable to Medicaid long-term care services.
b. Limitation on Units Assisted. Eligible Multifamily Properties may only receive Section 811
PRA funds if the housing assisted does not currently have an existing use restriction or a
contractual obligation to serve persons with disabilities. Units receiving any form of federal or
state housing operating assistance (such as Section 8) are ineligible to receive Section 811 PRA
assistance, unless such Section 811 PRA funds are being used to support other units in the
building without such restrictions. Existing units receiving any form of long-term operating
housing subsidy within a six-month period prior to receiving Section 811 PRA funds, such as
assistance under Section 8, are ineligible to receive this assistance. In addition, units with use
agreements requiring housing for persons 62 or older would not be eligible to receive Section
811 PRA funds. No more than 25 percent of the total units in Eligible Multifamily
Properties can: 1) be used for supportive housing for persons with disabilities (either under
the Section 811 PRA program or any other federal or state program); or 2) have any
occupancy preference for persons with disabilities. These units must be dispersed throughout
the property and must not be segregated to one area of a building (such as on a particular floor or
part of a floor in a building or in certain sections within a project). Owners may designate units
types (e.g., accessible, 1-bedroom, etc.) rather than designating specific units (e.g., units 101,
201, etc.) to be set-aside for Section 811 PRA supportive housing units. This would allow
flexibility in offering the next available unit to a person with a disability under this program as
long as the unit type was designated as being set-aside for persons with disabilities and the
number of units occupied by persons with disabilities under the set-aside had not been met.
NOTE: Eligible Applicants may not prohibit persons with disabilities from applying for
residency in non-Section 811 PRA units.
c. Inter-Agency Partnership Agreement. Eligible Applicants must evidence a formalized
structure for collaboration between the Eligible Applicant and the state agency charged with
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administering state health and human services programs and policy and the state Medicaid
programs as more fully described below in III.C.1. In states where these functions have been
separated, both agencies’ participation must be evidenced.
d. Rental Assistance Contract (RAC). As defined above in I.C, the Grantee administering the
Section 811 PRA funds will enter into a RAC with each owner of an Eligible Multifamily
Property, in a manner and form as determined by HUD. The initial term of such contracts
between the Grantee and the Eligible Multifamily Property owners shall have a minimum term of
20 years; however, financial support from HUD following initial funding is subject to available
appropriations. These contracts may be renewed if all parties agree to such renewal; however,
funding under the terms of the contract will be subject to the availability of federal
appropriations. Grantees may include an addendum to the RAC, upon HUD approval, provided
that the provisions of the addendum do not conflict with any requirement under the NOFA or the
Cooperative Agreement, or any HUD or federal requirements.
(1) This contract will provide the rental assistance payments to the owner for Eligible Tenants,
as defined above in I. C., residing in units that have been set-aside by the owner as supportive
housing for persons with disabilities.
(2) The RAC will identify the project, the number of contract units by bedroom size and
accessibility, the contract terms and the conditions for receipt of the project rental assistance
payments, including provisions ensuring that tenants are afforded the same tenant protections
in 42 USC 8013(i)(2) as provided to tenants receiving assistance under HUD’s Section 811
Program, e.g., lease term, termination of tenancy, and voluntary participation in services.
(3) The RAC will provide for the Grantee to certify annually to HUD that Section 811 PRA
assisted units are occupied by Eligible Tenants. It will also provide for the Grantee to
conduct regular physical inspections of those units to confirm that they meet the uniform
national standards established by HUD for housing that is decent, safe, sanitary, and in good
repair. The Grantee may inspect Section 811 PRA units using a frequency and sample size
that conforms with other federal or state housing program requirements.
(4) For the purpose of this grant, the Grantee must determine an appropriate RAC rent level
which may or may not reflect the actual costs of operating the Section 811 PRA assisted
units. The RAC will specify that the rental assistance payment made to the owner of a
Section 811 PRA unit will be the difference between the RAC rent level for the unit and the
Eligible Tenant rent payable by the Extremely Low-Income Family. In no circumstance may
the initial RAC rent level exceed the applicable as determined by HUD, unless such rent
level is substantiated by a market study that has been prepared in accordance with the
requirements of a state housing agency or of Chapter 9 of HUD’s Section 8 Renewal Guide
(see http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8) as
approved by HUD.
(5) With HUD approval, the Grantees may impose additional requirements in the RACs, as an
addendum, so long as those requirements do not contradict any HUD requirements, including
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those identified in the Cooperative Agreement, which will be provided to Eligible Applicant
following the award of funds. HUD may impose additional requirements for the program.
e. Administration of the Rental Assistance Contracts (RACs). Grantees will be responsible
for administering the Section 811 PRA Program, managing the RACs and maintaining all
applicable HUD and other federal requirements. HUD reserves the right to assume the
RACs at any time as a result of material non-compliance or non-performance by the Grantee, or
if as a result of the Section 811 rulemaking process, HUD determines that direct administration
of the RACs by HUD or its designee is the most viable option for the long-term implementation
and oversight of the Project Rental Assistance program.
f. Use Restriction. Housing assisted with Section 811 PRA must have a minimum 30 year use
restriction for extremely low-income persons with disabilities. The terms and conditions of the
use agreement and its enforcement shall be specified in the Cooperative Agreement and the
RAC. If Congress fails to appropriate funds adequate to meet future renewal needs pursuant to
the Cooperative Agreement, HUD will not enforce any use agreements on properties that have
been funded under such agreement. However, under such a circumstance, and in accordance
with policies, requirements and terms of the Cooperative Agreement, as will be established by
HUD, HUD will allow grantees to continue to enforce or terminate such use agreements at the
grantees’ discretion.
g. Eligible Tenant’s Contribution to Rent. The Eligible Tenant’s rent contribution shall
be no more than 30 percent of the family’s adjusted monthly income, as determined
annually through an income recertification conducted in a manner prescribed by HUD.
Grantees will be required to ensure that tenant data is entered into HUD’s Tenant Rental
Assistance Certification System (TRACS) in the administration of the Section 811 PRA
program. TRACS is a HUD computer system developed to help improve financial controls
over assisted housing programs by automating manual procedures and incorporating
automated controls. Enterprise Income Verification (EIV) System must be used by owners
of Eligible Multifamily Properties and/or Grantees to verify income on all Section 811
PRA assisted units. EIV makes integrated income data available from one source to use to
improve income verification.
h. Tenant Lease Term. The initial lease term between an Eligible Tenant and an owner of
an Eligible Multifamily Property for the Section 811 PRA assisted units shall not be less
than one year. The lease will be on a HUD provided form. Grantees may include an
addendum to the HUD lease, upon HUD approval, provided that the provision of the
addendum do not conflict with any requirement under the HUD lease, the NOFA or the
Cooperative Agreement, or any HUD or federal requirements.
i. Approved Rent and Rent Adjustments. Eligible Applicants must clearly outline how rents
will initially be established. In no circumstance may the initial RAC rent level exceed the
applicable Fair Market Rent (FMR) level as determined by HUD, unless such rent level is
substantiated by a market study that has been prepared and reviewed in accordance with the
requirements of a state housing agency or of Chapter 9 of HUD’s Section 8 Renewal Guide
15
(see http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8) or as
approved by HUD. Rents can only be adjusted annually based upon
1) HUD’s Operating Cost Adjustment Factor (OCAF), or 2) other operating cost index
proposed by the applicant and approved by HUD. For the most recent guidance on OCAF,
please see http://www.gpo.gov/fdsys/pkg/FR-2011-10-26/pdf/2011-27816.pdf. The grantee
will be rated based upon how approved rents will be established and adjusted in Section V.B,
Rating Factor 3 below.
j. Barrier Free/Accessibility Requirement for Units, Buildings, and Facilities, Including
Public and Common Use Areas. The Section 811 PRA program must meet accessibility
requirements of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24
CFR part 8, and the Americans with Disabilities Act and implementing regulations at 28 CFR parts
36 and 36, as applicable. Eligible Multifamily Properties must also meet the design and construction
requirements of the Fair Housing Act and implementing regulations at 24 CFR part 100. However,
Section 811 PRA assisted units can consist of a mix of accessible units for those persons with
physical disabilities and non-accessible units for those persons without physical disabilities.
k. Compliance with Fair Housing and Civil Rights Laws. Grantees and owners of Eligible
Multifamily Properties must comply with the fair housing and civil rights requirements in
Section III.C.3 of the General Section. In addition, Grantees will be required to certify that they
will comply with the requirements of the Fair Housing Act, Title VI of the Civil Rights Act of
1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and
Title II or III of the Americans with Disabilities Act, as applicable.
l. Affirmatively Furthering Fair Housing. Under Section 808(e)(5) of the Fair Housing Act,
HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its
funding recipients. Grantees will be required to certify that they will affirmatively further fair
housing, and each grantee must establish an affirmative fair housing marketing plan for its state
PRA program and projects, and require other participating agencies and owners to follow its plan
when marketing PRA-assisted units. HUD will provide further guidance on the required
contents of marketing plans to successful applicants. Instead of the actions for affirmatively
furthering fair housing described in the General Section of HUD’s FY 2013 NOFAs, successful
applicants must adopt affirmative marketing procedures for their Section 811 PRA program.
Affirmative marketing procedures consist of actions to provide information and otherwise attract
eligible persons to the program regardless of race, color, national origin, religion, sex, disability,
or familial status, who are not likely to apply to the program without special outreach. Grantees
must affirmatively further fair housing by selecting projects for participation that offer access to
appropriate services, accessible transportation, and commercial facilities to ensure greater
integration of persons with disabilities in the broader community. Grantees must require owners
of Eligible Multifamily Properties to adopt actions and procedures to ensure that Section 811
PRA assisted units are dispersed and integrated within the property. Grantees must keep records
describing actions taken to affirmatively market the program, annually assess the success of their
affirmative marketing activities, and make any necessary changes to their affirmative marketing
procedures as a result of the evaluation. Eligible applicants must describe their methods
of outreach and referral and waiting list policies in Section V.B., Rating Factor 3. All methods
16
of outreach and referral and management of the waiting list must be consistent with fair housing
and civil rights laws and regulations, and affirmative marketing requirements.
m. Full Disclosure of Available Housing. Grantees must adopt a process for providing full
disclosure to each applicant for a Section 811 PRA unit of all options available to the applicant
in the selection of the property in which to reside, including basic information about available
sites (e.g., location, number and size of accessible units, access to transportation and commercial
facilities) and an estimate of the period of time the applicant would likely have to wait to be
admitted to units of different sizes and types (e.g., regular or accessible) at each site. Where, as
the result of the unavailability of an accessible unit, an individual with a disability chooses to
reside in a non-accessible unit, grantees are still required to provide reasonable accommodations
to qualified individuals with disabilities, which includes structural modifications to existing
dwelling units and public use and common use areas, in order to make effective use of the
recipient’s program.
n. Program Evaluation. As a condition of the receipt of financial assistance under this NOFA,
all Grantees will be required to cooperate with HUD, Department of Health and Human Services
(HHS), and Centers for Medicare & Medicaid Services (CMS), or any contractors affiliated with
HUD, HHS, and CMS in the evaluation of this program. The authorizing legislation requires
HUD to submit a Report to Congress no later than January 4, 2014 and again two (2) years
thereafter on the implementation and effectiveness of the Section 811 PRA Program. In addition
to ensuring that HUD can respond to this reporting requirement, HUD is also interested in
collecting evidence to demonstrate the extent to which the program meets the expected outcomes
of the program, as listed earlier in the NOFA within Section G.1, Purpose of the Program. HUD
may pursue the option to fund a rigorous independent evaluation of this program, or HUD may
choose to utilize existing administrative data and data submitted by grantees on the quarterly and
annual reports to assess the effectiveness of the program.
o. Effective Communication. Grantees must ensure that all communications are provided in a
manner that is effective for persons with hearing, visual, and other communications-related
disabilities consistent with Section 504 of the Rehabilitation Act of 1973 and, as applicable, the
Americans with Disabilities Act.
p. Davis Bacon Labor Standards. All laborers and mechanics (other than volunteers under the
conditions set out in 24 CFR part 70) employed by contractors and subcontractors in the
construction (including rehabilitation) of housing with 12 or more units assisted under this
NOFA shall be paid wages at rates not less than those prevailing in the locality, as determined by
the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 3141 et seq.).
Contracts involving employment of laborers and mechanics shall be subject to the provisions of
the Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C 3701 et seq.).
Owners of Eligible Multifamily Properties and owners’ contractors and subcontractors must
comply with all related rules, regulations, and requirements.
Grantees shall be responsible for ensuring inclusion of appropriate contract provisions,
monitoring to ensure compliance, and correction of violations in accordance with HUD
guidance. Projects where construction is fully complete before an application is submitted to the
17
Grantee to receive assistance under the Section 811 PRA are not subject to Davis-Bacon or
CWHSSA requirements, except to the extent that the project is also assisted under another
federal program that is subject to such requirements (e.g., the HOME program). In accordance
with U.S. Department of Labor regulations at 29 CFR 1.6(g), if a project is approved by a
Grantee to receive Section 811 PRA assistance after a contract for construction of the project has
been awarded (or after the beginning of construction where there is no contract award) but before
completion of construction, the state housing agency shall require that the wage determination
effective on the date of award (or beginning of construction) be incorporated into the
construction contract retroactively to the date of award or beginning of construction.
Grantees may request the HUD Office of Labor Relations to seek approval from the U.S.
Department of Labor for the incorporation of a wage determination to be effective on the date of
the state housing agency’s approval of Section 811 PRA assistance for the project. Such
approval may be granted only where there is no evidence of intent to apply for the federal
assistance for the project prior to contract award or start of construction
Note: For projects funded in response to this PRA NOFA, construction is fully complete as
demonstrated by a final invoice and completion inspection approval by the Architect and all
financing inspectors, and the entire project is ready for occupancy. It is acceptable for fully
complete construction to have items of delayed completion subject to escrow of funds to assure
completion of such items.
q. Energy and Water Conservation. Eligible Applicants are required to build to a higher
standard of energy and water conservation by incorporating components of sustainable building
in Section 811 PRA developments, and maintain this standard for the duration of the HUD
assistance. At a minimum, energy efficiency strategies and water conservation appliances and
fixtures must be incorporated in the design, construction, and operation of all new construction
and substantial (gut) rehabilitation projects. For further assistance, Eligible Applicants can
access the report, “Enhancing Energy Efficiency and Green Building Design in Section 202 and
Section 811 Programs”, at
http://www.huduser.org/portal/publications/affhsg/enh_eng_eff_gbd.html. The report was
developed to assist Eligible Applicants in responding to this requirement as well as to inform you
about other green building standards.
1. Energy Efficiency. Owners of new construction and substantial rehabilitation low-rise
(up to 3 stories) Eligible Multifamily Properties must meet the requirements of EPA’s
ENERGY STAR Qualified Homes at the time of Grantee award, unless the Grantee has a
higher standard. Mid-Rise & High Rise developments (4 or more stories) must meet the
requirements of the ENERGY STAR Qualified Multifamily High Rise Buildings at the
time of Grantee award unless the Grantee has a higher standard. Any state energy code
requirements will take precedence over ENERGY STAR specifications when the state
code approximates or exceeds that standard. More information concerning this
requirement can be found at
http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.pt_bldr or specific
questions can be emailed to energystarhomes@energystar.gov . To learn more about
ENERGY STAR qualified multifamily high rise buildings visit
http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_multifamily_highrise
or specific questions can be emailed to leopkey.ted@epa.gov .
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2. All new construction and substantial rehabilitation projects must purchase and install
ENERGY STAR-labeled appliances.
3. Water Conservation Fixtures. Installation of water-conserving fixtures is required in all
new and substantially rehabilitated developments (i.e. resource efficient plumbing and
appliances such as low flow showerheads and faucet and high efficiency toilets). The
materials used should be the most current WaterSense or a greater water efficiency
product. More information is available at www.epa.gov/owm/water-efficiency.
r. Housing Standard for Section 811 PRA Assisted Units. All Section 811 PRA units must
meet local and state housing code, ordinances, and zoning requirements and minimum UPCS
standards.
s. Environmental Requirements and Environmental Assurance. Environmental
Requirements and Environmental Assurance. As HUD does not approve program funding
for specific activities or projects of the Eligible Applicants, it will not perform environmental
reviews on such activities or projects. However, to ensure that the tenets of HUD environmental
policy and the requirements of applicable statutes and authorities are met, Eligible Applicants
selected for funding will be required to implement the following analyses and determinations for
specific program activities and projects. The Eligible Applicant’s signature on the application
shall constitute an assurance that the applicant, if selected, will perform such implementation.
The environmental tenets apply to both existing and new projects per the requirements
below. Existing properties that are currently HUD-assisted or HUD-insured and that will
not engage in activities with physical impacts or changes beyond routine maintenance
activities or minimal repairs are not required to comply with the environmental tenets. If,
at the time that a project applies for PRAD assistance, the project is under construction or
being rehabilitated, the project shall be subject to the environmental review requirements
applicable to new construction or rehab if the work has not progressed beyond a stage of
construction where modifications can be undertaken to avoid the adverse environmental
impacts addressed by the requirement.
Citations to authorities in the following paragraphs are for reference only; to the extent
that property standards or restrictions on the use of properties stated in the following
paragraphs are more stringent than provisions of the authorities cited, the requirements
stated in the following paragraphs shall control:
1. Site Contamination (24 CFR 50.3(i)). It is HUD policy that all properties for use
in HUD assisted housing be free of hazardous materials, contamination, toxic
chemicals and gases, and radioactive substances, where a hazard could affect the
health and safety of occupants or conflict with the intended utilization of the property
(24 CFR 50.3(i)(1)). Therefore, projects applying for assistance shall:
a) Assess whether the site (i) is listed on an EPA Superfund National Priorities
or CERCLA list or equivalent State list; (ii) is located within 3,000 feet of a
toxic or solid waste landfill site; (iii) has an underground storage tank other
than a residential fuel tank; or (iv) is known or suspected to be contaminated
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by toxic chemicals or radioactive materials. If none of these conditions exists,
a letter of finding certifying these findings must be submitted and maintained
in the site’s environmental record. If any of these conditions exist, an ASTM
Phase I Environmental Site Assessment (ESA) in accordance with ASTM E
1527-13 (or the most recent edition) must be provided; OR
b) Provide a Phase I ESA in accordance with ASTM E 1527-13 (or the most
recent edition).
Note: An ASTM Phase I ESA that was prepared within the Phase I ESA continuing
viability timeframe for the acquisition of the property or a real estate transaction
(construction, rehabilitation, or refinancing) for the property and complies with
ASTM E1527-05 or a more recent edition will be deemed acceptable.
If a Phase I ESA is conducted and the Phase I ESA identifies RECs, a Phase II ESA
in accordance with ASTM E 1903-11 (or the most recent edition) shall be performed.
Any hazardous substances and/or petroleum products that are identified at levels that
would require clean-up under State policy shall be so cleaned up in accordance with
the State’s clean-up policy. Risk-Based Corrective Actions are permitted if allowed
for under a State’s clean-up policy.
2. Historic Preservation (16 U.S.C. 470 et seq.).
a)
As the various States, Territories, Tribes and municipalities have
established historic preservation programs to protect historic properties within
their jurisdiction, all work on properties identified as historic by the State,
Territory, Tribe, or Municipality, as applicable, must comply with all applicable
State, territorial, and tribal historic preservation laws and requirements and, for
projects affecting locally designated historic landmarks or districts, local historic
preservation ordinance and permit conditions.
b) In addition, all work on properties listed on the National Register of Historic Places,
or which the Eligible Applicant knows are eligible for such listing, must comply with
“The Secretary of the Interior’s Standards for Rehabilitation.” Complete demolition
of such properties would not meet the Standards and is prohibited.
c) On site discoveries. If archaeological resources and/or human remains are discovered
on the project site during construction, the recipient must comply with applicable
State, tribal, or territory law, and/or local ordinance (e.g., State unmarked burial law).
3. Noise (24 CFR part 51, Subpart B - Noise Abatement and Control). All activities and
projects involving new construction shall be developed to ensure an interior noise level of 45
decibels (dB) or less. In this regard, and using the day-night average sound level (Ldn), sites
not exceeding 65 dB of environmental noise are deemed to be acceptable; sites above 65 dB
require sound attenuation in the building shell to 45 dB; and sites above 75 dB shall not have
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noise sensitive outdoor uses (e.g. picnic areas, tot lots, balconies or patios) situated in areas
exposed to such noise levels.
4. Airport Clear Zones (24 CFR part 51, Subpart D - Siting of HUD Assisted Projects in
Runway Clear Zones at Civil Airports and Clear Zones and Accident Potential Zones at
Military Airfields). No activities or projects shall be permitted within the “clear zones” or
the “accident potential zones” of military airfields or the “runway protection zones” of
civilian airports.
5. Coastal Zone Management Act (16 U.S.C. 1451 et seq.). Activities and projects shall be
consistent with the appropriate state coastal zone management plan. Plans are available from
the local coastal zone management agency.
6. Floodplains (Executive Order 11988; Flood Disaster Protection Act (42 U.S.C. 40014128)). No new construction activities or projects shall be located in the mapped 500-year
floodplain or in the 100-year floodplain according to FEMA’s best available data, which may
be Advisory Base Flood Elevations (ABFEs), Preliminary Flood Insurance Rate Maps (PFIRMs), or Flood Insurance Rate Maps (FIRM). Existing structures may be assisted in these
areas, except for sites located in coastal high hazard areas (V Zones) or regulatory floodways,
but must meet the following requirements:
a)
b)
c)
The existing structures must be flood-proofed or must have the lowest habitable
floor and utilities elevated above both the 500-year floodplain and the 100-year
floodplain according to FEMA’s best available data.
The project must have an early warning system and evacuation plan that includes
evacuation routing to areas outside of the applicable floodplains.
Project structures in the 100-year floodplain must obtain flood insurance under
the National Flood Insurance Program (see Section III.C.3.u. below).
7. Wetlands (Executive Order 11990). No new construction shall be performed in
wetlands. No rehabilitation of existing properties shall be allowed that expands the
footprint such that additional wetlands are destroyed. New construction includes
draining, dredging, channelizing, and filling, diking, impounding, and related grading
activities. The term wetland is intended to be consistent with the definition used by the
U.S. Fish and Wildlife Service in Classification of Wetlands and Deep Water Habitats of
the United States (Cowardin, et al., 1977). This definition includes those wetland areas
separated from their natural supply of water as a result of activities such as the
construction of structural flood protection methods or solid-fill road beds and activities
such as mineral extraction and navigation improvements.
8. Siting of Projects Activities Near Hazardous Operations Handling Conventional
Fuels or Chemicals of an Explosive or Flammable Nature (24 CFR part 51, Subpart C).
Unshielded or unprotected new construction sites shall be allowed only if they meet the
standards of blast overpressure (0.5psi – buildings and outdoor unprotected facilities)
and thermal radiation (450 BTU/ft 2 -hr – people, 10,000 BTU/ft 2-hr – buildings) from
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facilities that store, handle, or process substances of explosive or fire prone nature in
stationary, above ground tanks/containers.
9. Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). New construction shall
not be permitted that would result in a taking of endangered plant or animal species as
listed under the Endangered Species Act of 1973. Taking includes not only direct harm
and killing but also modification of habitat. Maps for listed species and geographic
habitat by state can be found at:
http://ecos.fws.gov/tess_public/StateListing.do?state=all.
10. Farmland Protection (7 USC 4201 et seq.). New construction shall not result in
the conversion of unique, prime, or otherwise productive agricultural properties to
urban uses.
11. Sole Source Aquifers (Section 1424(e) of the Safe Drinking Water Act of 1974
(42 U.S.C. 201, 300 et seq., and 21 U.S.C. 349)). Any new construction activities and
projects located in federally designated sole source aquifer areas (SSAs) shall require
consultation and review with the U.S. Environmental Protection Agency (USEPA).
Information regarding location and geographic coverage of the 73 federally designated
SSAs can be found at:
http://water.epa.gov/infrastructure/drinkingwater/sourcewater/protection/solesourceaq
uifer.cfm.
t.Coastal Barrier Resources Act (Coastal Barrier Resources Act (CBRA) of 1982 (16 U.S.C.
3501)). Eligible Applicants must adhere to the Coastal Barrier Resources Act which prohibits
activities or projects in Coastal Barrier Resource System (CBRS) units. CBRS units are mapped
and available from the Fish and Wildlife Service at: http://www.fws.gov/CBRA/.
u.Flood Insurance (Flood Disaster Protection Act of 1973 (42 U.S.C. 4106)). Project structures
in the 100-year floodplain must obtain flood insurance under the National Flood Insurance
Program. No activities or projects located within the 100-year floodplain may be assisted in a
community that is not participating in or has been suspended from the National Flood Insurance
Program.
v.Lead-Based Paint. The Lead Safe Housing Rule (specifically 24 CFR 35, subparts B, H and
R; see
http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/enforcement/lshrappl
ies to project based rental assistance of pre-1978 housing for persons with disabilities when a
child of less than 6 years of age resides or is expected to reside in such housing. For Eligible
Multifamily Properties in which such units will receive an annual average of more than $5,000
of project-based rental assistance in any year, a lead risk assessment, followed by interim
controls of any lead-based paint hazards identified must be conducted, and a reevaluation must
be conducted every two years during the assistance period. For properties in which such
assistance is less than or equal to $5,000, a visual assessment for deteriorated paint must be
conducted during the initial and periodic inspections, followed by paint stabilization of any
deteriorated paint identified. The Environmental Protection Agency’s Renovation, Repair and
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Painting (RRP) Rule also applies to such target housing when renovation, repair or painting work
is conducted; among other requirements, the work, using lead-safe work practices, must be a
conducted or supervised by certified lead renovator working for a certified lead renovation firm
when the amount of work exceeds the RRP Rule’s minor repair and maintenance area threshold.
See 40 CFR 745, and the RRP Rule’s website, http://www.epa.gov/lead/pubs/renovation.htm).
w. Program Income. Eligible Applicant must have sufficient knowledge and experience to
identify and account for program income as defined in 24 CFR part 85. Each application must
contain a specific section stating how the applicant will address program income accounting and
reporting requirements. All program income including interest earned on any award supported
activity (if it generates program income it has to be accounted for whether it is paid to a Grantee
or is used for a program purpose without passing back to the Grantee) is subject to the terms and
conditions of the original grant and such U.S. Treasury rules as may apply. More specifically
each Grantee must document receipt of program income, both principal and interest, and how the
funds were used. These documentation and reporting requirements (detailed later in this NOFA)
will be included in the final Implementation Plan and contained in the Cooperative Agreement.
x. Procurement of Recovered Materials. Requirements for the procurement of recovered
materials apply to this program as described in the General Section in Section III.C.5.k.
y. Period of Performance. The period of performance shall begin with the execution date of the
Cooperative Agreement and terminate on the expiration date of the Grantee’s very last Rental
Assistance Contract (RAC), but not less than 20 years.
z. Uniform Physical Construction Standards (UPSC). Multifamily owners shall comply
with the Physical Condition Standards and Inspection Requirements of 24 CFR part 5, Subpart
G, including any changes in the regulation and related Directives. In addition, the Owner shall
comply with HUD’s Physical Condition Standards of Multifamily Properties of 24 CFR part 200,
Subpart P, including any changes in the regulation and related Directives.
aa. HUD's Electronic Line of Credit Control System. Eligible Applicants must be eligible to
acquire rights and access under HUD's Electronic Line of Credit Control System (eLOCCS) or
other database system approved by HUD. This is the sole mechanism for drawing funds.
ab. Uniform Administrative Requirements. All States, Territories, Urban Counties, and
Metropolitan cities receiving funds under this NOFA shall be subject to the requirements of 24 CFR
part 85. Non-profit subgrantees shall be subject to the requirements of 24 CFR part 84.
IV. APPLICATION AND SUBMISSION INFORMATION
A. Address to Request an Application Package. See the General Section for specific
procedures concerning the electronic application submission and timely receipt requirements.
Copies of the published NOFAs and application forms for HUD programs announced through
NOFAs may be downloaded from the grants.gov website at http://www.grants.gov. Eligible
Applicants must download the application and the instructions for this NOFA on Grants.gov.
23
Information to assist Eligible Applicants in preparing their application on the average tenant rent
payment by state for the Section 811 PRACs is available on HUD’s website (see Appendix B).
For recent guidance on HUD’s Operating Cost Adjustment Factor (OCAF) calculation, please see
http://www.gpo.gov/fdsys/pkg/FR-2011-10-26/pdf/2011-27816.pdf.
B. Grants.gov Customer Support. If there is difficulty accessing the information, customer
support is available from Grants.gov by calling its Support Desk at 800-518-GRANTS (tollfree), or by sending an email to support@grants.gov. Grants.gov now also provides a toll
number for those that have difficulty accessing a toll-free number. The number is 606-545-5035
(toll charge). The Grants.gov help desk is open 7 days a week, 24 hours a day, except federal
holidays.
C. Content and Form of Application Submission
1. Electronic Submission. Applications must be submitted electronically, as prescribed in the
General Section using the Grants.gov website. To submit via Grants.gov, applicants must have a
DUNS number which is registered in the Central Contractor Registration at www.sam.gov; have
a USER ID and password for the grants.gov system which has been authorized by the eBusiness
Point of Contact for the applicant identified in box 8a of the SF424, to be the authorized agency
representative to submit the application. Failure to meet these registration steps or to not
properly enter the registered DUNS number and User ID and password associated to the
applicant DUNS number in the Grants.gov system, can result in the application being rejected by
Grants.gov. Please carefully read the registration requirements. Registration can take 2-4
weeks to complete.
2. Page Limitation, Font Size, and Format for Naming of Files. Narrative statements cannot
exceed the equivalent of 40 single- space single-sided standard 8-1/2” x 11” pages, not including
attachments. Attachments cannot exceed the equivalent of 60 single-sided pages in total.
Applications must be in 12 point font and attachments presented by facsimile must be legible.
File names should clearly indicate which application item the file contains as described in the
General Section, paying careful attention to ensuring there are no spaces and special charters in
the file name and that the file name does not exceed the maximum length of 50 characters. HUD
recommends a length of no more than 32 characters.
3. Application Submission Requirements.
(1)
Eligible Applicants must read and follow the application submission requirements
carefully.
(2)
Applications must be filed following the instructions for this opportunity as they appear
on the grants.gov website.
(3)
Applications must be formatted for 8.5" by 11" viewing and printing.
(4)
Attachments must follow the proper naming convention: 50 characters or less, no spaces,
no special characters (example: -, &, *, %, /, #, \) including periods (.), blank spaces and accent
marks. Special characters may NOT be used within the application form fields or file names.
Underscores can be used in place of spaces.
(5)
All pages of each document must be numbered sequentially.
24
(6)
All documents must be presented in "native" format, not "pdf", unless required to
preserve the integrity of a document as executed by a third party.
(7)
Zip files contained within zip files cannot be accommodated; documents in such files will
not be reviewed. See the General Section for additional information.
4. Application Requirements. The application must contain the following:
a. Part I. Abstract. Applications must contain an Abstract consisting of up to 3-5 pages, a
summary of the proposed program, which will not be scored and does not count toward the
narrative page limit. Outlined in this format below, the summary must include:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Name of the Eligible Applicant
Mailing Address
City, State and Zip code
Eligible Applicant Director or CEO
Primary Contact Name and Title
Contact Telephone Number and Email Address
Name, title and contact information of the State Health and Human Service Agency and
the name, title, and contact information for the State Medicaid Agency identified in the
Partnership Agreement
(8) Number of units to be funded with the PRA funds.
(9) The amount of the administrative costs (which is up to seven (7) percent of the grant)
requested
(10) Total dollars of Section 811 PRA funds requested by the applicant, including the
amount of the administrative fee
(10) Summary of description of Section 811 PRA program including applicant and the State
Health and Human Service/Medicaid agencies partnership
(11) Description of the Eligible Applicant’s program(s) that will be used to award Section
811 PRA funds.
NOTE: Co-Applicants, if any, must also provide information as identified in (1) to (6) above.
b. Part II. Inter-Agency Partnership Agreement. The formalized agreement between the
Eligible Applicant and State Health and Human Services/Medicaid agencies is called the InterAgency Partnership Agreement as described in III.C.2.b.
c. Part III. Narrative Response to Factors for Award. The total narrative response cannot
exceed the equivalent of 40 single-sided standard 8-1/2 x 11” pages total in 12 point font, not
including attachments. Submitting pages in excess of the page limit will not disqualify an
application. However, HUD will not consider or review the information on any excess pages,
and if there is key information on those pages, the application may fail to meet a threshold
requirement.
d. Part IV. General Applications Requirements and Certifications. A list of supporting
documents and forms in the following order found in the instruction download.
25
(1) SF424_Application_for_Federal_Assistance. Eligible Applicants must include the nine
digit ZIP code (ZIP code plus four digits) associated with the applicant address in box 8d of
the SF424. Also, be sure to provide a program name in Line 11 of the SF424 and use the
same project name in all references to the application as the information will pre-populate the
other forms contained in the application download package.
(2) SFLLL_Disclosure_of_Lobbying_Activities. Applicants must submit the SFLLL. If an
Applicant does not perform lobbying activities using federal funds, insert “Not Applicable” in
Line Item 10. Note that federally recognized Indian tribes are not required to submit this
form (see the General Section).
(3) HUD2880_Applicant_Recipient_Disclosure_Update_Report titled “HUD Applicant
Recipient Disclosure Report” on Grants.gov.
(4) HUD-92239-PRA Budget is a HUD form budget template, and includes budget lines that are
allowable items under this Program. This budget includes the projected per unit use of PRA
funds for the period of this initial funding which is for five years. Applicants should use
separate sheets for each of the proposed program years along with a summary sheet. If
applicants are projecting properties with PRA Demo units with occupancy commencing in
Year 2, for example, annual budget sheets should be included for Years 2-6.
(5) HUD2993_Acknowledgment_of_Application_Receipt, for applicants submitting paper
applications only (see Section IV.C. below)
(6) HUD96011_Facsimile_Trasnsmittal (“Facsimile Transmittal Form” on Grants.gov). The
form must be submitted with your application and it will be also used as the coversheet for
subsequent facsimile(s) sent for your application. If you are not faxing any documents at the
time of application submission, you must still complete the facsimile transmittal form. In the
section of the form titled “Name of Document Transmitting,” enter the words “Nothing
Faxed with this Application.” Complete the remaining highlighted fields and enter the
number “1” in the section of the form titled “How many pages (including cover) are being
faxed?” You must move the form to the right side of the Grants.gov application to open and
complete the form. Forms on the right side of the application get uploaded as part of your
application submission with the forms getting embedded ID numbers. The embedded ID
numbers allow HUD to match your faxes to your application submission. Please refer to the
General Section for a detailed discussion. NOTE: HUD will not accept entire
applications submitted by fax. If you submit the application entirely by fax, it will be
disqualified. Please carefully read General Section (See General Section IV.B. instructions
on faxing documents.
e. Part V. Attachments (including Supporting Documents, Commitments Letters, and
Letters of Intent.
5. Outline of Application Content. An outline of the application content can be found in
Appendix A which can also be used as a checklist of the submission requirements for a complete
application.
26
6. Timely Receipt Requirements. The application deadline is 11:59:59 p.m. eastern time on
May 5, 2014. Applications must be received by Grants.gov no later than 11:59:59 p.m. eastern
time on the application deadline date. Following receipt the application will go through a
validation process. If the application fails the Grants.gov validation process, it will be rejected
by the Grants.gov system. Please see the FY 2013 General Section for instructions on timely
receipt, including actions to take if the application is rejected. Eligible Applicants should
carefully read the section titled “INSTRUCTIONS ON HOW TO DOWNLOAD AN
APPLICATION PACKAGE AND APPLICATION INSTRUCTIONS” in the General Section.
The section contains information on using Adobe Reader, HUD’s timely receipt requirements
and grace period policy, and other pertinent information.
From time to time HUD may issue a technical correction to its NOFAs. To ensure that
applicants receive notification of any technical corrections to this NOFA, applicants are advised
to sign up for the email notification service when they download the application and instructions
for this NOFA from Grants.gov, so that if HUD modifies this NOFA, they will be notified of any
changes posted to Grants.gov.
7. Funding Restrictions. Administrative costs are limited to no more than seven (7) percent of
the annual Section 811 PRA award.
8. Intergovernmental Review. Not applicable to this program.
9. Other Submission Requirements. None.
10. Waiver of Electronic Application Requirement. Eligible Applicants must follow the
electronic application instructions included in the General Section, unless granted a waiver for
cause to the required electronic application requirement. The request for a waiver must provide a
justification for cause in accordance with HUD’s waiver policy of 24 CFR 5.1005. Eligible
Applicants requesting a waiver must submit the request in writing no later than 15 days prior to
the application deadline date. The letter must be addressed to Carol J. Galante, Assistant
Secretary for Housing, Federal Housing Commissioner at the address below. The waiver can be
submitted via email:
Department of Housing and Urban Development
451 Seventh Street SW, Room 6230
Washington, DC 20410
ATTN: Aretha M. Williams, Housing Assistance and Grant
Administration,
Multifamily Housing Division
PRADemowaivers@hud.gov
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 application
submission and receipt requirements. All applications in paper format must have received a
waiver to the electronic application requirement and must be received no later than 3:59:59 p.m.
27
eastern time on the application deadline date to allow scanning of any packages in accordance
with HUD Security procedures.
V. APPLICATION REVIEW INFORMATION
A. Rating Points. Points are assigned to each of five factors identified below. Eligible
Applicants should review the factors carefully and respond specifically to each factor. Since
project locations are not identified prior to award, bonus points under the EZ/EC/RC-II or the
Preferred Sustainable Status Bonus Points are not included in this NOFA.
B. Rating Criteria. The maximum number of points to be awarded for the Section 811 PRA
program is 100.
1. Rating Factor 1: Applicant’s and State Health and Human Service/Medicaid Agencies’
Relevant Experience, Capacity, and Readiness (up to 23 total points). The applicant and the
State Health and Human Services/Medicaid Agency must each demonstrate its ability, capacity,
and readiness to undertake the proposed activities, use its award successfully, and maintain
compliance with its grant terms. The Eligible Applicant must submit a detailed Capability
Statement that describes the Eligible Applicant’s, Co-applicant’s, and/or contractor’s experience.
a. Applicant’s Relevant Experience, Capacity, Readiness (up to 13 points).
(1) Leadership and Key Staff Experience (up to 2 points). Describe the Eligible Applicant
and any other housing agencies participating in this program. Outline the specific tasks that each
will undertake and be responsible for managing. Identify and describe the Eligible Applicant’s
leadership team integral to implementation of the program Describe the roles and
responsibilities of other key staff responsible for this program. Include appropriate staffing
including a specific description of how many Full Time Equivalents (FTEs) staff from which
agencies will be tasked with operationalizing this program.
(2) General Experience (up to 6 points). Eligible Applicants should demonstrate recent
(within five years) and relevant experience directly related to the financing of affordable rental
multifamily housing and asset management of a portfolio of affordable multifamily housing
units, particularly experience funding permanent supportive housing. The principal tasks that the
Applicant must address include, but are not limited to: reviewing applications for funding,
underwriting and awarding Section 811 PRA funds, negotiating and executing RACs, assuring
project monitoring and compliance with all of the PRA program requirements including
monitoring project owners for compliance in providing decent, safe and sanitary housing to
assisted PRA residents. If the Lead Applicant is partnering with another housing agency as a
co-applicant, a joint letter, agreement or MOU must be included. As applicable, the Eligible
Applicant may also describe the experience of one or more entities with whom the applicant has
partnered or contracted, or proposes to contract with to provide services as required under this
NOFA. Experience information for this entity relative to the role it will play in the effort should
also be included.
28
There are significant Section 811 PRA and HUD program requirements outlined in
Section III.C.3, such as Davis Bacon Labor Standards, Lead-Based Paint, Environmental
Requirements, for example. Describe experience in managing programs with a portfolio of
projects with similar program requirements. Outline how the Eligible Applicant currently
monitors for program compliance during construction and operation. Describe the Eligible
Applicants’ and Co-Applicants’ capacity and readiness to successfully implement proposed
activities including necessary financial resources, technical expertise, reporting systems and
other experience associated with proposed activities. To receive maximum points, Eligible
Applicants must demonstrate substantial experience overseeing a permanent housing program
that targets vulnerable populations who will best benefit from affordable housing with
community-based long term services and supports.
In the case of Eligible Applicants and partnering agencies that have received awards from
other federal programs, HUD reserves the right to contact officials from the appropriate federal
agency or other agencies to determine whether the applicant is in compliance with current or
prior award agreements, and to take such information into consideration in rating this factor.
In this narrative, provide a brief description of each of the affordable multifamily rental housing
program(s) that the Eligible Applicant is responsible for managing including the number of
projects awarded over the last three years, total amount and type of subsidy funding or financing
provided, number of units in the project, number of units assisted (if different from total units in
project). Specify the supportive housing programs included or identify the number of supportive
housing units funded. In Section V. Attachments (Programs Managed) Provide a list projects (1)
awarded funding along with the amount of funding and number of units, and (2) closed over the
last three years as an attachment in Section V. Attachments ( of your application.
(3). Experience Managing Section 8 Project-based Rental Assistance programs utilizing
HUD’s Tenant Rental Assistance Certification System (TRACS) (up to 5 points). This
section must include a detailed description of the Eligible Applicant’s and/or Co-Applicant’s
experience administering HUD Multifamily project-based Section 8 programs. Grantees will be
required to ensure that tenant data is entered into HUD’s Tenant Rental Assistance Certification
System (TRACS) in the administration of the Section 811 PRA program. Experience must
include examples of managing a portfolio of affordable multifamily housing units that
specifically includes a HUD Multifamily project-based Section 8 program. This experience can
include serving as a Traditional Contract Administrator (TCA), or as a Performance-Based
Contract Administrator (PBCA), or a third party contractor with extensive experience managing
project-based Section 8 programs. If TCA or PBCA experience is included, dates of experience
and whether the experience is current must be included to earn points. The Eligible Applicant
must describe actual experience performing tasks relating to the administration of a project-based
Section 8 program utilizing TRACS. Eligible Applicants who lack TRACS experience must
state in the application that they agree to contract with another entity such as a Performancebased Contract Administrator, Traditional Contract Administrator or a private entity that has
such experience. This section must identify the entity if it is not the Eligible Applicant and
outline the experience described above. A letter of intent or MOU must be included. Eligible
Applicants may substitute PBCAs or other contractor at a later date after award with HUD
approval.
29
(4) Past Noncompliance (up to -5 points). If Eligible Applicants have previously received
funding through any HUD program, HUD will consider and may deduct points for an
applicant (or its affiliates) that has a documented history of non-compliance with: 1)
maintaining sufficient financial resources (up to -3 points); and/or 2) inadequate reporting
systems or ongoing failure to report timely (up to -2 points) as measured by the terms of that
program funding. HUD will also take into account additional criteria in evaluating an
applicant’s past performance as outlined in the General Section V.e and III.A above.
b). State Health and Human Service/Medicaid Agencies’ Relevant Experience and
Capacity (up to 10 points)
(1) General Experience (up to 5 points). The State Health and Human Services/Medicaid
agencies that are parties to this grant application will also need to include its management staff
and key staff responsible for their program administration in this partnership. Describe the State
Health and Human Service/Medicaid agencies’ capacity to successfully implement proposed
activities including necessary financial resources, technical expertise, reporting systems and
other experience associated with proposed activities. The state should demonstrate its
experience providing long-term services and supports network to vulnerable populations living
in or transitioning to the community. Eligible Applicants must demonstrate that they have a
sufficient home and community based services infrastructure including the capacity to conduct
person-centered needs assessments, providing adequate services and supports, and conduct
program monitoring. Evidence may include descriptions of long-term services and supports
programs under the CMS Money Follows the Person (MFP) Rebalancing Demonstration
Program, Medicaid State Plan, 1915(c) or 1915(i) waiver programs or programs specifically
designed to divert or delay individuals from entering institutions.
(2) Experience with Supportive Housing and working with housing providers (up to 5
points). The state health and human services/Medicaid agencies should demonstrate experience
transitioning individuals from institutions or from homelessness into affordable housing in the
community with access to supportive services. This description should include a discussion of
how the state health and human service/Medicaid agencies have worked with state housing
agencies or other affordable housing programs. Evidence may include experience with the CMS
MFP Rebalancing Demonstration or other similar efforts to integrate affordable housing with
community-based long term supports and services. Include a discussion on the role of the
housing providers.
2. Rating Factor 2: Need/Using housing as a platform for improving of life (Policy Priority)
(up to 5 points). Describe and document how this funding will address a specific need for
housing for extremely low-income persons with disabilities who are eligible for services from
Medicaid or another similar program in the Eligible Applicant’s state. In addition to statistical
data to quantify the need related to the target population(s), describe how this funding will
address a specific issue or issues or fill a gap in a state’s existing continuum of services for
persons with disabilities, such as a particular program issue that the state has been attempting to
solve beyond its basic need for affordable housing for persons with disabilities. For example,
this funding may assist a state seeking to transition persons from institutional care into integrated
housing or working to ensure that persons at risk of institutionalization remain in community-
30
based settings in accordance with the Supreme Court’s Olmstead v. L.C. decision. Programs
designed in response to Olmstead-related litigation or enforcement, e.g., settlement agreement,
court order, or consent decree, or designed to complement a State’s voluntary affirmative
Olmstead planning and implementation efforts that are clearly outlined, with implementation
underway evidenced by significant progress such as financial commitments or new governance
structures or numbers of persons with disabilities transitioned into the community will earn
maximum points. Points will be provided based on how the state has been directing resources or
partnership efforts to address a particular goal relative to the need for this type of subsidy or how
this specific gap financing will enable the state to accomplish a specific program initiative or
Olmstead-related objective. Eligible Applicants should describe what structural changes are
being made in the way the health & human service/Medicaid agency partners connect with
housing resources. For example, what changes are being made within the states service delivery
system that will be supported by the award of these PRA funds and how will that assist the state
in meeting Olmstead related obligations. Additional documentation can be provided in the
attachments.
3. Rating Factor 3. Soundness of Approach/Implementation Plan (up to 45 total points).
This factor focuses on the Eligible Applicant’s PRA program design and operation, management
and oversight, the integration of services provided by the State Health and Human
Service/Medicaid Agency or agencies and the timely implementation of the state’s program.
HUD is seeking high quality and effective programs. The applicant must demonstrate how its
PRA program will work to stimulate, support, and advance the availability of integrated housing
for persons with disabilities in a timely manner. Eligible Applicants should briefly discuss these
in the context of existing state analysis of Impediments as a component of the States
Consolidated Plan, Transportation plans, and any other existing state or regional development
plans and how determinations will be made in relation to those plans.
Working in partnership with the State Health and Human Services/Medicaid agency, the
applicant should include the specific financing and development programs that will be included
in the program, the number of units that will be provided, and the amount of the HUD Section
811 PRA funds requested.
a. The Implementation Plan – Program Description (up to 20 points of the total 45 points).
Applicants should submit a plan that outlines and describes the proposed state PRA program.
The Implementation Plan shall be based upon and specifically reference the formal agreement
between the Eligible Applicant and the State Health and Human Service Agency/Medicaid
agency described in Section III.C.3.b.2 (ii). It should incorporate and expand upon the specific
elements of the agreement including a detailed description of the target populations and method
of outreach and referral and the agreement must incorporate the commitment to the specific roles
and responsibilities.
HUD seeks well-defined, high quality and sound programs and will consider the extent to which
the Eligible Applicant thoroughly describes their program plan. The Eligible Applicant will earn
fewer points for failure to address all of the criteria below. The specific details of the PRA
Implementation Plan for your state program must include the following as a part of the plan:
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(1) PRA Program Funding Structure (up to 7 points). Specify what development and/or
financing program(s) will be used to create and/or develop PRA units (State Housing Trust
funds, 4% and 9% LIHTC, tax-exempt financing, etc.). Include a detailed description of the
program(s) identified including program requirements and procedures used for awarding
funding. Eligible Applicants should demonstrate that key State housing policies, particularly the
Low Income Housing Tax Credit Qualified Allocation Plan and Consolidated Plan, but also local
jurisdictions’ capital financing strategies (e.g. localities with HOME, CDBG and other capital
funds etc.), and local Continuum of Care planning, 10 Year Plans, etc., reflect a commitment to
support the program proposed in the PRA application. Eligible Applicants that evidence the
existence of set-asides, incentives or significant competitive priorities in their primary housing
production programs that result in the integration of PRA units in multifamily projects, such as
the Low-Income Housing Tax Credit Qualified Allocation Plan (QAP), or have similar
program(s) designed to integrate supportive housing units in newly developed and substantially
rehabilitated multifamily projects and can commit to include this PRA program will receive
more points in this section. Eligible Applicants with no existing programs but include a strong
commitment to implement set-asides, incentives or other significant competitive priorities for
this PRA program may also be considered for more points. In Section V. Attachments (Program
Funding) of the application, include a list of multifamily rental housing properties approved and
closed in the last two (2) years in these programs with the number of total units, affordable
housing units, and permanent supportive housing units.
(2) Type and Quality of Projects (up to 3 points). Grantee’s State PRA programs can include
a range of properties including new construction, substantially rehabilitated, and existing
properties. Specify what range/type of properties will be included and how the applicant will
ensure that each will be high quality and well-managed properties.
(3) Project Selection Criteria (up to 5 points). Provide the project selection criteria that will
be used for this program and how it will be implemented. Eligible Applicants are not required to
identify specific projects for which PRA funds will be allocated, but must provide sufficient
justification for how projects will be selected including any special qualifications or program
requirements. If the Eligible Applicants will include existing properties, HUD is particularly
interested in the criteria that grantees will use to select existing properties. Programs that solely
fund projects where the Eligible Applicant has existing oversight or funding will receive 3 of the
5 points. Describe how owners and developers will be informed of this availability of funding
and how the Eligible Applicants state program will be structured to ensure participation.
(4) Calculation of PRA funds (up to 3 points). Specify how PRA funds requested were
calculated including assumptions used in the calculation. The projected number and type of
PRA units must be provided on a per year basis. Eligible Applicants must identify what will be
used for establishing initial rents as well as annual rent adjustments and any other assumptions
used in projecting the amount of PRA funds required. In no circumstance may the initial RAC
rent level exceed the applicable Section 8 Fair Market Rent, unless such rent level is
substantiated by a market study that has been prepared in accordance with the requirements of a
state housing agency or of Chapter 9 of HUD’s Section 8 Renewal Guide
(see http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/mfhsec8) as
approved by HUD – see Section III.C.3 Program Requirements. Rents can only be adjusted
32
annually based upon 1) HUD’s Operating Cost Adjustment Factor (OCAF), or 2) other operating
cost index proposed by the applicant and approved by HUD. Since this award includes funding
for the first five years, applicants should carefully prepare this budget. Eligible Applicants
should use one of the following data sets to determine the expected average tenant payment: a)
the average tenant payment in the Section 811 PRAC program, available as Appendix B, or b)
the average state median income also available on HUD’s website at
http://www.huduser.org/portal/datasets/il/il12/IncomeLimitsBriefingMaterial_FY12_v2.pdf.
Average tenant payment in the Section 811 PRA program should have very similar if not the
same tenant income characteristics as tenants in the 811 PRA program. In addition to the budget
above, applicants can propose to use a different average tenant payment and include a second
budget, however, a justification with appropriate documentation must be included, and HUD will
determine which budget is acceptable. Eligible Applicants must identify what funds will be
available if costs exceed federal PRA funding.
(5) Program Administrative Costs (up to 2 points). In addition to the detailed budget
provided, provide a narrative with appropriate justification for the use of grant funded
administrative costs requested for this 5 year funding period. Also include the authority and/or
sources for paying for these costs over and above the percentage requested from the PRA funds.
b. Integration of Services (up to 20 points of 45 points).
(1) Management and Coordination of Services (up to 10 points). This must include a
description of the supportive services, the entity or agency responsible for the overall integration
effort, how the services will be provided and how tenants will access those services, whether
new or existing programs, and demonstrate Eligible Applicant’s understanding that participation
in these services are voluntary.
Description of how ongoing housing program management and management of services will be
handled between agencies and the strategy for feedback and continuous improvement of the
Program during its operation; provide specifics regarding operational details relative to the
commitment of services. Describe how the housing staff will interact with the service providers.
HUD is interested in understanding how services will be coordinated throughout the state.
Describe what staff and agency that will be managing the outreach, referrals, and waiting lists to
successfully identify and refer prospective tenants to owners/management agents of these
supportive housing units in a timely and efficient manner, particularly if the state program
includes several targeted populations. Identify how staff will be assigned to efficiently work
with owners/management agents of PRA units throughout the state and how they will be
managed. Specify how dispute resolution between residents and owners/management agents will
be managed, tracked, and reported, particularly how a range of program/service needs will be
addressed within one multifamily property.
(2) Systems in Place (up to 10 points). Describe the information technology systems and
associated staffing structures that you currently have in place or will be putting in place to track,
monitor, and oversee the implementation of this program. Specifically, how will you: (1) assign
33
the entities responsible for outreach to the various Target Populations/sub-populations; (2)
manage waiting lists; (3) communicate with owners/property managers of PRA Demo units; (4)
track the referral process (e.g. how many applicants are actually referred to one available PRA
Demo unit, and how are they sequenced and tracked); and (5) synchronize the referral process
with a unit-tracking system identifying available new and/or turnover units in each locality with
PRA Demo units. If available, please describe the software system you are using and provide
representative screen shots. Describe how performance measures for each program component
will be tracked. Describe the staff and/or contract support that is expected to develop the IT
infrastructure if such does not exist at this time.
c. Program Implementation Schedule (up to 5 points of 45 points). HUD is seeking
programs that create a system of developing and integrating 811 PRA units in the multifamily
production, development or finance program. HUD also seeks to fund programs that will be able
to commence immediately after grant award and proceed in a timely manner. HUD will evaluate
applications on this rating factor based on a clear identification of all of the milestones that need
to be accomplished to develop this program based upon the Implementation Plan submitted,
along with the projected time to award PRA funding to projects, execute PRA contracts and
occupy units. Include a schedule that outlines the occupancy goals annually based upon fiscal
year. Describe the methodology used to determine unit occupancy goals in the schedule. The
schedule should project the number of units to be funded per quarter and per year. Fiscal years
should be used. Specify the number of units to be funded per year over the 5-year funding
period for this grant. Consistent with the detailed PRA budget described above, if units are
occupied in Year 2 of the program, the Implementation Schedule will extend to Year 6 to allow
for the full 5 years of funding per unit in the program. This schedule will be incorporated into
the Agreement with HUD.
Points will be assigned based upon the specificity of the schedule as outlined above and the
percentage of the total number of requested units occupied in the 48 months from the execution
of the Cooperative Grant Agreements.
Units Projected to be Occupied
Within 48 Months
100% of Units Occupied
Points
5 Points
80% of Units Occupied
Up to 4 points
60% of Units Occupied
Up to 3 points
Note: Programs funds not utilized as outlined in the Implementation Plan and Schedule may be
subject to recapture or deobligation as described in 24 CFR part 85.43.
4. Rating Factor 4: Leveraging (up to 20 total points).
a. Cost-Effective Use of PRA Funds (up to 10 points).
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HUD is seeking approaches to reduce the per-unit PRA amount in order to increase the number
of PRA assisted units. As described in III.C.3, Program Requirements, Eligible Tenant’s
contribution to rent shall be 30% of annual income, and unit rents cannot exceed HUD’s Fair
Market Rents (FMR) unless such rent level is substantiated by a market study as described in
section III.C.3.h above. Eligible Applicants will earn points based on representations that initial
rents on PRA assisted units will be established for the program based upon a rent structure that
reduces the actual per unit amount of subsidy. Specify how rents will be restricted, whether due
to other program requirements such as LIHTC, HOME or as a consequence of use agreements or
other regulatory restrictions placed on properties as a consequence of receiving PRA funds.
Points will be earned based upon a representation that rents in the PRA program will be set at
levels equivalent to a specific percentage of Area Median Income (AMI). If applicants proposed
a mix of percentages, as follows:
Table 1
Rents set at levels affordable to households at 50% of AMI
6 points
Rents set at levels affordable to households at 45%-49% of AMI
7 points
Rents set at levels affordable to households at 40%-44% of AMI
8 points
Rents set at levels affordable to households at 35%-39% of AMI
9 points
Rents set at levels affordable to households at 30%-34% of AMI
10 points
If an applicant’s proposed rent structure is a mix of AMI percentages, the points earned will be a
prorated average.
For example:
An Applicant’s Rent Limits for 2013 are:
1BR
50% of
AMI
40% of
AMI
30% of
AMI
$1,006
$805
$604
The Applicant’s proposed PRA rent structure is:
1. 20% of the units will have a rent of 30% AMI ($604-1BR rent based on Table 2 above)
2. 80% of the units will have a rent of 40% AMI ($805-1BR rent based on Table 2 above)
Based on the point structure in Table 1, the points earned will be calculated by a prorated
average of the combined mixed percentages:
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TABLE 3
Rent Structure
Calculation
Point
Value
40% of the units will have a rent of 30%
AMI
60% of the units will have a rent of 40%
AMI
10 points (using 30% AMI) x 40% of
units
8 points (using 40% AMI) x 60% of
units
4
TOTAL POINTS EARNED:
4.8
8.9 or 9
b. Commitments for Establishment of an Admission Preference (up to 10 points).
Eligible Applicants that provide a commitment from one or more public housing agencies
(PHAs) or other state or local housing agencies to establish an admission preference for a
minimum number of housing vouchers or other rental units specifically for the population
proposed to be targeted under this application will be assigned additional points based on the
following sliding scale:
(1) Eligible Applicants that provide commitments to establish a preference for vouchers or rental
units will be assigned up to 10 points for committing vouchers in an amount up to 50% of the
PRA units requested with one point for providing vouchers in an amount equivalent to 5% of
units and two points for providing vouchers in an amount equivalent to 10% of units, and so
on up to 10 points.
NOTE: For Public Housing Agencies, the commitment cannot include Housing Choice
Vouchers already reserved for non-elderly people with disabilities as part of a PHA’s Nonelderly Disabled (NED) voucher baseline.
For a list of PHAs with NED vouchers and their NED baselines, please visit HUD’s NED
Voucher webpage at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/public_indian_housing/programs
/hcv/ned. PHAs can establish an admission preference in their HCV or Public Housing
persons ready to transition from institutions, or for persons at serious risk of
institutionalization. The preference may be limited to a set number of vouchers or units or a
percentage of vouchers or units as they become available. Prior to implementing such
preferences, PHAs must incorporate such a preference in written policies for their HCV
and/or Public Housing programs and may open waiting lists strictly to people to whom the
preference applies.
PHAs can restrict the preference to those referred or approved by a single state agency or to
persons with specific disabilities or diagnoses if it is:
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(1) a HUD approved remedial action such those put in place by states in response to
Olmstead-related litigation or enforcement actions, including a settlement agreement,
court order or consent decree; or
(2) in response to a public entity’s documented, affirmative Olmstead planning and
implementation efforts.
For purposes of the Section 811 PRA NOFA, approval will be provided as part of the grant
award and subsequent execution of a cooperative agreement. Where PHAs voluntarily agree to
have its preference restricted to persons with specific disabilities or diagnosis limited solely for
the purpose of this Section 811 PRA NOFA, the Office of Public and Indian Housing hereby
waives 24 C.F.R § 982.207(b)(3) for the HCV program, and waives 960.206(b)(3) for the public
housing program, so as to allow select PHAs participating in the 811 PRA NOFA to support the
purpose, goals and statutory intent of this program.
If a PHA, in connection with the eligible applicant’s PRA application under this NOFA, is
proposing to establish an admission preference for persons with specific disabilities or diagnoses,
the following information must be included for HUD’s approval: information on Olmstead
activities in the state, the ratio or number of vouchers subject to the preference, and a time limit
for the preference consistent with the need identified in the 811 PRA application (Rating Factor
2), e.g., a timeframe that aligns with the time period of the relevant consent decree.
Upon HUD’s selection of Eligible Applicants for the Section 811 PRA NOFA, HUD shall advise
these participating PHAs of HUD’s approval of the regulatory waiver(s) by PIH and approval by
the Associate General Counsel for Fair Housing. HUD reserves the right to request clarification
from the PHA on its proposed PHA preference as it relates to this NOFA.
5. Rating Factor 5: Achieving Results, Program Innovation and Evaluation (up to 7
points)
a. Systems Change (up to 5 points). Describe and document the extent to which the system of
producing housing and services for the target population is institutionalized beyond the Section
811 PRA program. For example, Eligible Applicants may describe creative approaches to using
operating subsidy other than the traditional HUD Section 811. Creative approaches may include
requiring set-asides in LIHTC Qualified Allocation Plans (QAP) or other rental housing finance
and development programs or creating other new innovative elements to systematically increase
the production of affordable supportive housing aligned with the PRA program goals of
integrating units into traditional multifamily developments. Unique approaches that have
resulted in system change solutions, such as tracking, targeting and referrals systems that
integrate this program into an existing housing finance program can also be included. Describe
how the system change was or will be integrated into the PRA program management and
operation, as well as the performance measures used to determine effectiveness.
For Eligible Applicants or states that have programs underway, unanticipated outcomes, savings,
successful approaches, or partnerships with developers to increase production should be
included. A description of the mechanism used to evaluate the success should be included.
37
Since one of the goals of this program is the production of new integrated supportive housing
units, points will be based upon how the system change significantly increase the number of
supportive housing units, effectively matching units and tenants can be included.
b. Expand Cross-Cutting Policy Knowledge (Policy Priority - up to 2 points).
Taking successful models to other communities requires quantitative evidence of which policies
work and how they work, and public dissemination of this information. HUD’s experience is
that many local organizations and governments collect administrative data as part of their regular
operations. Policymakers at all levels could benefit from this rich data that HUD’s grantees
collect, and in order to receive the points in this category HUD expects applicants to
demonstrate their willingness to collaborate with policy researchers and program evaluators to
quantify the accomplishments of this program and to increase the overall body of policy
knowledge.
`HUD seeks to fund Grantees that go beyond the specific outcomes of this program to
provide information that informs future policymaking and support knowledge sharing and
innovation by disseminating best practices, encouraging peer learning, publishing data analysis
and research, and helping to incubate and test new ideas. All Grantees must demonstrate the
direct impact of their programs as described in this NOFA. To receive points for this policy
priority, grantees must go beyond these requirements and detail other outcomes to be improved.
Examples might include: reduction in housing and service cost per beneficiary; changes in the
amount and quality of services received by the target populations; integration of the target
population in supportive housing, such as the social interaction of the target populations with
existing multifamily residents; health outcomes, such as changes in well-being; the level of
coordination of housing and health services, such as the coverage of case management or service
coordinators or structural, process, and outcome measures that can capture the level of
integration of services.
To achieve full points, the Eligible Applicant must indicate what administrative data they
and/or partner organizations will collect on primary and secondary outcomes for the target
population, as described in their Implementation Plan. The Eligible Applicants must describe the
extent of data on primary and secondary outcomes made available to policy researchers through
documentation, such as a letter of cooperation, demonstrating a data-sharing agreement. An
example of cross –cutting policy knowledge would be the savings realized when a person with
disabilities moves from an institutional facility to a PRA assisted multifamily property.
Documenting this savings and sharing this knowledge would benefit HUD and policymakers at
all levels.
C. Review and Selection Process
HUD’s selection process is designed to ensure that grants are awarded to Eligible
Applicants that submit the most meritorious applications. HUD will consider the
information submitted by the application deadline date. After the application deadline date,
HUD may not, consistent with its regulations in 24 CFR part 4, subpart B, consider any
unsolicited information that you or any third party may want to provide. HUD may verify
38
information provided application as needed by sending a written request for clarification.
Responses to such inquiries regarding Rating Factors will be required within 5 business days of
receipt.
1. Application Screening
a. HUD will screen each application to determine if:
(1) The eligibility and application requirements outlined in Section III and IV are met.
(2) It is deficient, i.e. contains any Technical Deficiencies; and
(3) It meets the Threshold Requirements in section III.C.2 in the General Section and section IV
in this Program Section of the NOFA.
b. See section III.C.2 of the General Section of this NOFA for information regarding thresholds
and technical deficiencies. All applications must meet all threshold requirements of this NOFA
in order to be rated and ranked. Applicants must demonstrate compliance with the threshold
requirements through the information provided in their application, unless instructed otherwise in
this NOFA. The threshold requirements of this NOFA include certain threshold requirements of
section III.C.2 of the General Section and threshold requirements specific to the Section 811
PRA program. If an application does not meet all threshold requirements, HUD will not
consider the application as eligible for funding and will not rate and rank it. HUD will screen for
technical (not substantive) deficiencies and administer a cure period. Examples of curable
(correctable) technical deficiencies include, but are not limited to, inconsistencies in the funding
request, failure to submit the proper certifications (e.g., form HUD-2880), and failure to submit a
signature and/or date of signature on a certification. The subsection entitled, “Corrections to
Deficient Applications,” in section V.B. of the General Section is incorporated by reference and
applies to this NOFA unless otherwise stated. Clarifications or corrections of technical
deficiencies in accordance with the information provided by HUD must be submitted within
fourteen (14) calendar days (i.e. excluding Saturdays, Sundays and federal holidays) of the date
of the HUD notification. If an applicant does not cure all its technical deficiencies that relate to
threshold requirements within the cure period, HUD will consider the threshold(s) in question to
be failed, will not consider the application as eligible for funding, and will not rate and rank it.
All technical deficiency cure items must be submitted by facsimile using the Facsimile
transmittal form HUD-96011 and inserting in the box for name of the document, Technical
Deficiency or TC, plus the name of the document being faxed. HUD will match the item to the
electronic application so HUD’s official records are complete including all cure items. See the
General Section. Applicants must review and follow documentation requirements provided
in this Thresholds Requirements Section. Required forms, certifications and assurances must
be included in the Section 811 PRA application.
c. Corrections to Deficient Applications – Cure Period. The subsection entitled, “Corrections to
Deficient Applications,” in V.B of the General Section is incorporated by reference and applies
to this NOFA, except that clarifications or corrections of technical deficiencies in accordance
with the information provided by HUD must be submitted within fourteen calendar days (i.e.
39
excluding Saturdays, Sundays and federal holidays) of the date of the HUD notification. For
applications under this NOFA, HUD may contact you regarding the curable thresholds and/or to
ensure proper completion of the required forms.
d. Applications that will not be rated or ranked. HUD will not rate or rank applications that do
not meet the key eligibility thresholds, are deficient at the end of the cure period stated in V.B of
the General Section, or that have not met the thresholds described in III.C.2 of the General
Section of this NOFA and Section III of the Program Section of this NOFA . Such applications
will not be eligible for funding.
All Eligible Applicants are advised to check and maintain their DUNS numbers and CCR
registrations at www.sam.gov so any updates or changes are completed well in advance of
application deadline dates.
All applicants must have an active registration in the Central Contractor Registration (CCR)
system. In July 2012, the CCR was converted to the System for Award Management (SAM)
found at www.SAM.gov. The new SAM website incorporates requirements for Central
Contractor Registration (CCR). See Section IV of the General Section for more information.
For paper applications, the wrong DUNS number on an application will be treated as a technical
deficiency and the applicant will be permitted to provide a corrected SF424 to the location
indicated in the waiver approval within the specified cure period and in accordance with the
notification of the need to cure the application. Failure to correct the deficiency and meet the
requirement to have a DUNS number and active registration in the CCR will render the
application ineligible for funding.
2. Preliminary Rating and Ranking.
a. Rating.
(1) Reviewers will preliminarily rate each eligible application, SOLELY on the basis of
the rating factors described in V.A of this NOFA.
(2) HUD will assign a preliminary score for each rating factor and a preliminary total
score for each eligible application.
(3) The maximum number of points for each application is 100.
b. Ranking. After preliminary review, applications will be ranked in score order.
3. Final Review Panel. A Final Review Panel will:
a. Review the Preliminary Rating and Ranking documentation to:
(1) Ensure that any inconsistencies between preliminary reviewers have been identified
and rectified; and
(2) Ensure that the Preliminary Rating and Ranking documentation accurately reflects the
contents of the application.
b. Assign a final score to each application and rank them in score order; and
40
c. Recommend for selection the most highly rated applications, subject to the amount of
available funding, in accordance with the allocation of funds described in section XXX of this
NOFA.
4. Funding Decisions. Awards will be made based on HUD’s assessment of the Eligible
Applicant’s ability to manage a sustainable permanent affordable housing program for persons
with disabilities that successfully integrates residents into the community and applicant’s ability
to use Section 811 PRA funds in accordance with the rating and ranking points system set forth
in this document. After all eligible applications have been reviewed and scored; HUD will make
award determinations by selecting the highest rated applications. Applications that receive a
minimum score of 75 points or more and meet all of the applicable threshold requirements of the
General Section and this NOFA are eligible for selection. At the discretion of HUD, of grants
awarded, at least half will be new applicants that were not funded in FY 2012 that have received
a minimum score of 75 points or more and meet all of the applicable threshold requirements.
5. Tie Scores. If two or more applications have the same score and there are insufficient funds
to select each application, HUD will select for funding the application(s) with the highest score
for Rating Factor 3 (Implementation Plan) and Rating Factor 4 (Leverage.). If a tie remains,
HUD will select for funding the application(s) with the highest score for Rating Factors 1,
(Experience/Capacity/Readiness), 3, and 4.
6. Limitations on Award Amounts. HUD reserves the right to reduce or adjust the funding
amount based upon:
a. The reasonableness of the overall program relative to the number of units to be produced;
b. The level of funds available for award under the program.
c. If an applicant turns down an award, an award is not made, there are sufficient award
adjustments to make additional awards feasible, or additional funding becomes available through
recaptured funds or through a future appropriation HUD reserves the right to: (a) offer an award
to the next highest rated application(s) in this competition in their ranked order for those
applications scoring 75 points or higher; (b) add remaining or recaptured amount to the funds
that become if available for a future competition; or (c) restore amounts to a funding request that
had been reduced in this competition.
7. Debriefing. For a period of 120 days, beginning 30 days after the final awards for assistance
are publicly announced; HUD will provide a debriefing to a requesting unsuccessful Eligible
Applicant related to that application. A debriefing request must be made in writing or by email
by the applicant's authorized official whose signature appears on the SF424, or his or her
successor in the office and submitted to Lessie Powell Evans, Office of Housing Assistance and
Grant Administration, U.S. Department of Housing and Urban Development, 451 Seventh Street,
SW, Room 6234, Washington, DC 20410 or to PRADemoapplications@hud.gov Information
provided during a debriefing will include, at a minimum, the final score received for each rating
41
factor, final evaluation comments for each rating factor, and the final assessment indicating the
basis upon which the award was provided or denied.
VI. AWARD ADMINISTRATION INFORMATION
A. Preliminary Selection/Notification.
1. HUD will notify all Eligible Applicants as to the outcome of the preliminary selection
process. If an Eligible Applicant is preliminarily selected, HUD’s notice concerning the amount
of the award (based on the approved application) will constitute HUD’s preliminary selection,
subject to negotiation and execution of the award documents by HUD.
2. Successful State Section 811 PRA Program Eligible Applicants will be notified of the
preliminary selection and will receive instructions for proceeding to negotiations. When an
Eligible Applicant is preliminarily selected for an award, HUD will require the Eligible
Applicant's participation in negotiations to determine the specific terms of the Cooperative
Agreement. HUD will follow the negotiation procedures described in the General Section. The
selection is preliminary and does not become final until the negotiation between an Eligible
Applicant and HUD are successfully concluded, the Implementation Plan is approved by HUD,
and the Cooperative Agreement and other award documents are signed and executed. Costs may
be denied or modified if HUD determines that they are not allowable, allocable, and/or
reasonable.
3. As a result of the negotiations, HUD may request the Eligible Applicant to submit revisions to
the Implementation Plan. HUD will request these be delivered by fax using the facsimile
cover page found in your original conditionally approved application and faxed to 800-HUD1010 so that the changes can be incorporated into HUD’s official electronic files. Faxed
copies of materials will be attached to Eligible Applicants electronic application file so that
HUD has a complete record of the submission including any changes as a result of
negotiations. Therefore, when faxing materials, the Eligible Applicant must use the form
HUD96011 that was in its electronic submission. Failure to use the form as the cover page to
the faxed material will prevent HUD from being able to recognize the source of the material
and associate it to the correct file.
4. In cases where HUD cannot successfully conclude negotiations with a selected Eligible
Applicant or a selected Eligible Applicant fails to provide HUD with requested information, an
award will not be made to that Eligible Applicant. In this instance, HUD may preliminarily
select and proceed to negotiation with another applicant in accordance with the selection process
identified in Section V.C. of this NOFA. HUD reserves the right to reject an application if
information comes to the attention of HUD that adversely affects an applicant’s eligibility for an
award, adversely affects HUD’s evaluation or scoring of an application, or indicates evidence of
fraud or mismanagement on the part of an applicant.
B. Recapture or Deobligation of Funds. Funds not being utilized in the manner provided or
otherwise contemplated under the final Implementation Plan are subject to recapture or
deobligation by HUD, in HUD’s sole discretion.
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1. Causes for recapture or deobligation of funding may include, but are not limited to:
a. Failure to meet required deadlines for performance in the Cooperative Agreement which
includes the schedule by Grantee and/or a sub-recipient;
b. Non-performance or improper performance under the terms of the award documents; and
c. Suspension, debarment, or other serious enforcement actions taken against the Grantee, a
recipient or affiliates thereof;
2. If awarded funds are recaptured or deobligated for any reason, HUD reserves the right, in its
sole discretion, to:
a. Award those funds to the next highest-ranking Eligible Applicant on the list of qualified
applications received by HUD; and/or
b. Award those funds to other Grantees that have demonstrated high-performance in their
award activity based on timeliness and milestones met under the terms of its approved
Implementation Plan and Grant Documents, and whose award activity offers a clear avenue
for furthering the existing program.
C. Administrative and National Policy Requirements. In addition to the requirements listed
below, please review all requirements in Section III of the General Section.
1. Uniform Relocation Act. Uniform Relocation Act provisions are applicable for the
Section 811 PRA program. . Refer to the General Section III.C.4.i. for more information on
real property acquisition and relocation.
Additional resources and guidance pertaining to real property acquisition and relocation for
HUD-funded programs and projects are available on HUD’s Real Estate Acquisition and
Relocation website at http://www.hud.gov/relocation. You will find on that website links to
applicable laws and regulations, policy and guidance, publications, training resources, and a
listing of HUD contacts if you have questions or need assistance.
2. Section 3. Not applicable to this program.
D. Applicable Reporting Requirements.
1. Quarterly Reporting Requirements. All Grantees must report to HUD quarterly, within 30
days of the end of a calendar quarter (3/31, 6/30, 9/30, and 12/31), in formats approved by HUD.
If there are fewer than 45 days remaining in the quarter in which the HUD documents are signed,
then the first quarterly reports will be due 30 days after the second calendar quarter date
subsequent to the award date. (Note: HUD plans to consolidate and coordinate the reporting
information requested below into online integrated information system during the first year of
the program operation.) Quarterly report requirements are as follows:
a. Expenditure Report. Report on the dollar amount of funds expended to date, Section 811
PRA contracts executed, number of units developed, total number of units in the program
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(new and existing units), and the amount of funds remaining. The report must provide
information for total dollars expended, federal dollars expended, and non-federal funds
expended. Awardees may be requested to submit sources of funds used on all newly
constructed or renovated units with Section 811 PRA.
b. Program income. Report on Program Income as per applicable program income rules as
stated in the terms and conditions of the award agreement.
2. Annual Reports
a. Annual Management Report. HUD is interested in understanding and reporting on the
effects of the activities conducted under the award on the macro level. Therefore, the fourth
quarterly report for each funding year shall be an annual report and shall include regular
quarterly reporting described above plus the following additional information. The Grantee
will report on:
(1) Report on the status of the milestones in the Implementation Plan, comparing the schedules
for milestone completion and expenditures to actual activity.
(2) The number of units and the number of properties receiving contracts;
(3) Quarterly and annual production goals and results;
(4) Additional tenant and project data not reported in TRACS.
b. Annual Property Reporting Requirements. All Grantees must make the following reports
available to HUD annually on onsite inspections in the format approved by HUD:
(1) Copies of all Section 811 PRA Eligible Tenant files including rent analysis, project rental
assistance, disability status and income certifications;
(2) Report of the physical condition of the property pursuant to periodic physical inspections
pursuant to UPCS (see 24 CFR 5.703).
3. Reporting. A reporting document as selected by HUD will be required for all PRA
Grantees. This reporting system should incorporate most, if not all of the quarterly and annually
reporting requirements. The Logic Model or other reporting requirement will be provided after
selection.
4. Reports Required for Release of HUD Funds. Grantees are required to have HUD approval
before making any withdrawal of funds from the eLOCCS system.
5. General Requirements. Generally federal funds maintain their federal character with regard
to program eligible uses in perpetuity, and continue to remain subject to all annual reporting
requirements. Specifically, after the close of the award period, Grantees with funds remaining in
financing programs will prospectively be required to report basic information on the Program on
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an annual basis until the funds are either: (1) rolled into another eligible activity; or (2) fully
disbursed through default.
6. Racial and Ethnic Data. If the Grantee is collecting client-level data, HUD requires that
funded recipients collect racial and ethnic beneficiary data. HUD has adopted the Office of
Management and Budget’s Standards for the Collection of Racial and Ethnic Data. In view of
these requirements, the applicant should use HUD27061, Racial and Ethnic Data Reporting Form
(instructions for its use), found on www.hudclips.org or a comparable electronic data system for
this purpose.
7. Compliance with the Federal Funding Accountability and Transparency Act of 2006
(Pub. L.109-282) (Transparency Act), as amended.
(a) Prime Grant Awardee Reporting. Prime recipients of HUD financial assistance are
required to report certain subawards in the Federal Government-wide website www.fsrs.gov or
its successor system.
Starting with awards made October 1, 2010, prime financial assistance awardees receiving funds
directly from HUD were required to report subawards and executive compensation information
both for the prime award and subaward recipients, including awards made as pass-through
awards or awards to vendors, if (1) the initial prime grant award is $25,000 or greater, or the
cumulative prime grant award will be $25,000 or greater if funded incrementally as directed by
HUD in accordance with OMB guidance; and (2) the subaward is $25,000 or greater, or the
cumulative subaward will be $25,000 or greater. For reportable subawards, if executive
compensation reporting is required and subaward recipients’ executive compensation is reported
through the SAM system, the prime recipient is not required to report this information. The
reporting of award and subaward information is in accordance with the requirements of Federal
Financial Assistance Accountability and Transparency Act of 2006, as amended by section 6202
of Public Law 110-252, hereafter referred to as the “Transparency Act”, and OMB Guidance
issued to the Federal agencies on September 14, 2010 (75 FR 55669) and in OMB Policy
guidance. The prime awardee will have until the end of the month plus one additional month
after a subaward or pass-through award is obligated to fulfill the reporting requirement. Prime
recipients are required to report the following information for applicable subawards:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Name of entity receiving award;
Amount of award;
Funding agency;
North American Industry Classification System (NAICS) code for contracts/CFDA
program for financial assistance awards;
Program source;
Award title descriptive of the purpose of the funding action;
Location of the entity (including Congressional district);
Place of Performance (including Congressional district);
Unique identifier of the entity and its parent; and
Total compensation and names of top five executives.
45
For the purposes of reporting into the FFATA Subaward Reporting System (FSRS) reporting
site, the unique identifier is the DUNS number the entity has obtained from Dun and Bradstreet
and, for prime awardees, the DUNS number registered in SAM as required by HUD regulation
24 CFR 5.1004. This information will be displayed on a public government website pursuant to
the Transparency Act.
(b) Prime Grant Awardee Executive Compensation Reporting. Prime awardees must
also report in the government-wide website the total compensation and names of the top five
executives in the prime awardee organization if:
(i) More than 80 percent of the annual gross revenues are from the Federal Government, and
those revenues are greater than $25 million annually; and
ii) Compensation information is not readily available through reporting to the Securities
Exchange Commission (SEC).
(c) Subaward Executive Compensation Reporting. Prime grant awardees must also
report in the government-wide website the total compensation and names of the top five
executives in the subawardee if:
(i) More than 80 percent of the annual gross revenues are from the Federal Government,
and those revenues are greater than $25 million annually; and
(ii) This required compensation information is not readily available through reporting to
the SEC. For applicable subawards, if executive compensation reporting is required and
subaward recipients’ executive compensation is reported through the SAM system, the prime
recipient is not required to report this information.
(d) Transparency Act Reporting Exemptions. The Transparency Act exempts any
subawards less than $25,000 made to individuals and any subawards less than $25,000 made to
an entity whose annual expenditures are less than $300,000. Subawards with a cumulative total
of $25,000 or greater are subject to subaward reporting beginning the date the subaward total
award amount reaches $25,000. The Transparency Act also prohibits reporting of any
classified information. Any other exemptions to the requirements must be approved by the
Office of Management and Budget.
w. Compliance with Section 872 of the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009 (Pub. L. 110-417), hereafter referred to as “Section 872”. Section 872
requires the establishment of a government-wide data system – the Federal Awardee
Performance and Integrity Information System (FAPIIS) - to contain information related to the
integrity and performance of entities awarded federal financial assistance and making use of the
information by federal officials in making awards. OMB is in the process of issuing regulations
regarding federal agency implementation of Section 872 requirements. A technical correction to
this General section may be issued when such regulations are promulgated.
VII. OTHER INFORMATION
A. Further Information and Technical Assistance. Before the application deadline date, HUD
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46
staff may provide general guidance and technical assistance about this NOFA. However, staff is
not permitted to assist in preparing the application. Also, following selection of applicants, but
before awards are announced, staff may assist in clarifying or confirming information that is a
prerequisite to the offer of an award. An applicant may contact Lessie Powell Evans, Section
811 PRA Program, Office of Housing Assistance and Grant Management, Department of
Housing and Urban Development, 451 Seventh Street, SW, Room 6234, Washington, DC 20410,
telephone 202-402-3390 (this is not a toll-free number). This number can be accessed via TTY
by calling the toll-free Federal Relay Service Operator at 800-877-8339. For technical support
for downloading an application or electronically submitting an application, please call
Grants.gov help desk at 800-518-GRANTS (this is a toll-free number) or send an email to
support@grants.gov.
B. Paperwork Reduction Act Statement. The Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520) is applicable to the information collection requirements in this Notice, OMB control
number 2502-0608. In accordance with the Paperwork Reduction Act, HUD may not consider or
sponsor, and a person is not required to respond to, a collection of information unless the
collection displays a valid OMB control number.
C. “Close Out” of Financing Programs Only. Grantees may end or reduce funding at any time
as long as any remaining funds are returned to HUD.
D. Environmental. A Finding of No Significant Impact (FONSI) with respect to the
environment has been made for this NOFA in accordance with HUD regulations at 24 CFR part
50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)). The FONSI will be posted at HUD’s funds available page at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/grants/fundsavail
under the Project Rental Assistance (PRA) Program.
[FR-5700-N-28]
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Appendix A
HUD’s Fiscal Year (FY) 2013 Notice of Funding Availability (NOFA) for
Section 811 Project Rental Assistance Program
Outline of Application Content. This outline of the application content can also be used as a
checklist of the submission requirements for a complete application.
Application Content
Part I – Abstract/Summary 3-5 pages
Part II – Housing Agency and State Health and Human Services/Medicaid agencies must
have Partnership Agreement (there are no page limitations for Part II)
Part III – Narrative Response to Factors for Award – maximum 45 pages
Rating Factor 1. Applicants and State Health and Human Service Agency and the
state Medicaid Agency’ Relevant Experience – up to 23 points (suggested 6 pages maximum)
A. Applicant’s Relevant Experience, Capacity, and Readiness - up to 13 of 23 points
B. State Health and Huma Services/Mediciaid Agencies’ Relevant Experience and
Capacity – up to 10 of 23 points
Rating Factor 2. Need/Using Housing as a Platform for Improving Life (up to 5
points) (suggested 4 pages maximum)
Rating Factor 3. Soundness of Approach/Implementation Plan – up to 45 points
(suggested 25 pages maximum)
A. The Implementation Plan - Description of Applicant’s PRA Demo Program – up
to 20 of 45 points (suggested 9 pages)
B. Management and Oversight of the PRA Demo funds – up to 10 of 45 points
(suggested 5 pages)
C. Integration of Services – up to 20 of 45 points (suggested 6 pages)
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D. Program Implementation Schedule – up to 5 of 45 points (suggested 2 pages)
Rating Factor 4. Leverage – up to 20 points (suggested 5 pages maximum)
A. Cost Effective Use of PRA Funds – up to 10 points
B. Commitments for Establishment of an Admission Preference (up to 10 points)
Rating Factor 5. Achieving Results, Program Innovation and Evaluation – up to 7
points (suggested 5 page maximum)
Part IV – General Applications Requirements and Certifications
(a) SF424_Application_for Federal_Assistance
(b) SF424 Supplement Survey on Equal Opportunity for Applicants titled “Faith Based EEO
Survey” (SF424SUPP) on Grants.gov (optional submission)
(c) SFLLL_Disclosure_of_Lobbying_Activities
(d) HUD2880_Applicant_Recipient_Disclosure_Update_Report titled “HUD Applicant
Recipient Disclosure Report” on Grants.gov
(e) HUD424CB_Detailed_Budget
(f) HUD2993_Acknowledgment_of_Application_Receipt, for applicants submitting paper
applications only
(g) HUD96011_Facsimile_Trasnsmittal (“Facsimile Transmittal Form” on Grants.gov)
Part V. Attachments including Supporting Documents, Commitment Letters and Letters of
Intent.