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via TTY by calling the Federal
Information Relay Service at 800–877–
8339.
VIII. Other Information
A. Paperwork Reduction Act. The
information collection requirements
contained in this document have been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520) and assigned OMB control
number 2502–0542. In accordance with
the Paperwork Reduction Act, HUD may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless the collection
displays a currently valid OMB control
number. Public reporting burden for the
collection of information is estimated to
average 80 hours per respondent for the
application. This includes the time for
collecting, reviewing, and reporting the
data for the application. The
information will be used for grantee
selection and monitoring the
administration of funds. Response to
this request for information is required
in order to receive the benefits to be
derived.
B. Environmental Review. A Finding
of No Significant Impact (FONSI) with
respect to the environment has been
made for this notice in accordance with
HUD regulations at 24 CFR part 50 that
implement section 102(2)(C) of the
National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)). The FONSI
is available for public inspection
between 8 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except federal
holidays, in the Office of the General
Counsel, Regulations Division, Room
10276, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Washington, DC 20410–0500. Due
to security measures at the HUD
Headquarters building, please schedule
an appointment to review the FONSI by
calling the Regulations Division at (202)
708–3055 (this is not a toll-free
number).
Dated: November 12, 2008.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary
for Housing.
[FR Doc. E8–27663 Filed 11–21–08; 8:45 am]

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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5233–N–01]

Notice of Funding Availability for
Fiscal Year (FY) 2008 Family
Unification Program (FUP)
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of Funding Availability
(NOFA).
AGENCY:

SUMMARY: This Notice of Funding
Availability (NOFA) announces the
availability of approximately $20
million for incremental voucher
assistance to provide adequate housing
as a means to promote family
unification through the FUP. This
NOFA is governed by the information
and instructions found in the Notice of
HUD’s FY2008 Notice of Funding
Availability; Policy Requirements and
General Section (General Section) to
HUD’s FY2008 NOFAS for Discretionary
Programs that HUD published in the
Federal Register on March 19, 2008 (73
FR 14882), the SuperNOFA Introduction
published on May 12, 2008 (73 FR
27032), and the correction published on
June 12, 2008 (73 FR 33446).
FOR FURTHER INFORMATION CONTACT:
Questions regarding specific program
requirements should be directed to the
agency contact identified in this
program NOFA. Questions regarding the
March 10, 2008 (73 FR 12751), Notice of
FY2008 Opportunity to Register Early
and Other Important Information for
Electronic Application Submission Via
Grants.gov, the General Section of
March 19, 2008, the SuperNOFA
Introduction of May 12, 2008, or the
correction of June 12, 2008, should be
directed to the Office of Departmental
Grants Management and Oversight at
(202) 708–0667 (this is not a toll-free
number) or the NOFA Information
Center at (800) HUD–8929 (toll-free).
Persons with hearing or speech
impairments may access these numbers
via TTY by calling the Federal
Information Relay Service at (800) 877–
8339. The NOFA Information Center is
open between the hours of 10:00 a.m.
and 6:30 p.m. eastern time, Monday
through Friday, except federal holidays.

Overview Information
A. Federal Agency Name: Office of
Public and Indian Housing, Office of
Public Housing and Voucher Programs,
HUD.
B. Funding Opportunity Title: Family
Unification Program (FUP).
C. Announcement Type: Initial
Announcement.

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D. Funding Opportunity Number: The
Federal Register number for this NOFA
is FR–5233–N–01. The Office of
Management and Budget (OMB)
paperwork approval number is pending.
E. Catalog of Federal Domestic
Assistance (CFDA) Number: 14.880,
Family Unification Program.
F. Application Deadline: The
application deadline date is January 28,
2009. Applications must be received
and validated by Grants.gov by the
deadline date. Validation may take up to
72 hours. Please see section I.V.C of the
FY 2008 General Section published
March 19, 2008 (73 FR 14882), for
electronic submission and receipt
requirements.
G. Additional Information: The
purpose of the FUP is to promote family
unification by providing Housing
Choice Vouchers (HCVs) to families for
whom the lack of adequate housing is a
primary factor in the separation, or the
threat of imminent separation, of
children from their families and to
youths 18 to 21 years old who left foster
care at age 16 or older and lack adequate
housing.
Public Housing Agencies (PHAs)
interested in applying for funding under
this announcement should carefully
review the FY 2008 General Section
published March 19, 2008 (73 FR
14882): The URL for the HUD FY 2008
General Section is http://www.hud.gov/
utilities/intercept.cfm?/offices/adm/
grants/nofa08/gensec.pdf.
Full Text of Announcement
I. Funding Opportunity Description
A. Authority and Program
Description: FUP is authorized by
section 8(x) of the United States
Housing Act of 1937 {42 U.S.C.
1437(X)}. Title II of Division K of the
Consolidated Appropriations Act, 2008
(Pub. L. 110–161, December 26, 2008),
provided $20 million for incremental
voucher assistance through the FUP.
FUP is a program under which
vouchers are provided to families for
whom the lack of adequate housing is a
primary factor in the imminent
placement of the family’s child, or
children, in out-of-home care; or the
delay in the discharge of the child, or
children, to the family from out-of-home
care. Youths at least 18 years old and
not more than 21 years old (have not
reached 22nd birthday) who left foster
care at age 16 or older and who do not
have adequate housing are also eligible
to receive housing assistance under the
FUP. A FUP voucher issued to such a
youth may only be used to provide
housing assistance for the youth for a
maximum of 18 months.

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Vouchers awarded under the FUP are
administered by PHAs under HUD’s
regulations for the HCV program (24
CFR part 982). Further, PHAs must
modify their selection preference system
to permit the selection of FUP-eligible
families and/or FUP-eligible youths to
which the PHA intends to issue FUP
vouchers with available funding
provided by HUD for this purpose.
Additionally, funding under this NOFA
may only be used to provide tenantbased housing assistance, as prescribed
by section 8(x) of the U.S. Housing Act
of 1937, so as to allow FUP-eligible
families and youths a choice in their
selection of decent, safe, and affordable
units on the private market.
B. Definitions: The following
definitions apply to the funding
authority available under this funding
announcement.
1. The terms ‘‘FUP-eligible family’’ and
‘‘FUP-eligible youth’’
a. Are defined as:
(1) A FUP-eligible family is a family
that the public child welfare agency
(PCWA) has certified as a family for
whom the lack of adequate housing is a
primary factor in the imminent
placement of the family’s child, or
children, in out-of-home care, or in the
delay of discharge of a child, or
children, to the family from out-of-home
care, and that the PHA has determined
is eligible for a HCV.
(2) A FUP-eligible youth is a youth
that the PCWA has certified to be at
least 18 years old and not more than 21
years old (has not reached his/her 22nd
birthday) who left foster care at age 16
or older and who does not have
adequate housing, and that the PHA has
determined is eligible for a HCV.
2. Lack of Adequate Housing
a. The lack of adequate housing
means:
(1) A family or youth is living in
substandard or dilapidated housing; or
(2) A family or youth is homeless; or
(3) A family or youth is displaced by
domestic violence; or
(4) A family or youth is living in an
overcrowded unit; or
(5) A family or youth is living in
housing not accessible to its disabled
child or children due to the nature of
the disability.

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3. Substandard Housing
a. A family or youth is living in
substandard housing if the unit where
the family or youth lives:
(1) Is dilapidated;
(2) Does not have operable indoor
plumbing;

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(3) Does not have a usable flush toilet
inside the unit for the exclusive use of
a family or youth;
(4) Does not have a usable bathtub or
shower inside the unit for the exclusive
use of a family or youth;
(5) Does not have electricity, or has
inadequate or unsafe electrical service;
(6) Does not have a safe or adequate
source of heat;
(7) Should, but does not, have a
kitchen; or
(8) Has been declared unfit for
habitation by an agency or unit of
government.
4. Dilapidated Housing
a. Dilapidated housing means:
(1) A family or youth is living in a
housing unit that is dilapidated if the
unit where the family or youth lives
does not provide safe and adequate
shelter, and in its present condition
endangers the health, safety, or wellbeing of a family or youth, or the unit
has one or more critical defects, or a
combination of intermediate defects in
sufficient number or extent to require
considerable repair or rebuilding. The
defects may result from original
construction, from continued neglect or
lack of repair or from serious damage to
the structure.
5. Homeless
a. A homeless family includes any
person (including a youth) or family
that:
(1) Lacks a fixed, regular, and
adequate nighttime residence; and
(2) Has a primary nighttime residence
that is:
(a) A supervised publicly or privately
operated shelter designed to provide
temporary living accommodations
(including welfare hotels, congregate
shelters, and transitional housing);
(b) An institution that provides a
temporary residence for persons
intended to be institutionalized; or
(c) A public or private place not
designed for, or ordinarily used as, a
regular sleeping accommodation for
human beings.
6. Displaced by Domestic Violence
a. A family or youth is displaced by
domestic violence if:
(1) The applicant has vacated a
housing unit because of domestic
violence; or
(2) The applicant lives in a housing
unit with a person who engages in
domestic violence.
(3) ‘‘Domestic violence’’ means felony
or misdemeanor crimes of violence
committed by a current or former
spouse of the victim, by a person with
whom the victim shares a child in

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common, by a person who is
cohabitating with or has cohabitated
with the victim as a spouse, by a person
similarly situated to a spouse of the
victim under the domestic or family
violence laws of the jurisdiction
receiving grant monies, or by any other
person against an adult or youth victim
who is protected from that person’s acts
under the domestic or family violence
laws of the jurisdiction.
7. Living in Overcrowded Housing
a. A family or youth is considered to
be living in an overcrowded unit if it
meets the following separate criteria for
a family or youth as follows:
(1) The family is separated from its
child (or children) and the parent(s) are
living in an otherwise standard housing
unit, but, after the family is re-united,
the parents’ housing unit would be
overcrowded for the entire family and
would be considered substandard; or
(2) The family is living with its child
(or children) in a unit that is
overcrowded for the entire family and
this overcrowded condition may result
in the imminent placement of its child
(or children) in out-of-home care.
(3) The youth is living in a unit that
is overcrowded.
For purposes of the above paragraph,
the PHA may determine whether the
unit is ‘‘overcrowded’’ in accordance
with PHA subsidy standards.
8. Detained Family Member
a. FUP-eligible family or FUP-eligible
youth’s family may not include:
(1) Person imprisoned or otherwise
detained pursuant to an Act of the
Congress or a State law.
9. Public Child Welfare Agency (PCWA)
a. The PCWA means:
(1) The public agency that is
responsible under applicable State law
for determining that a child is at
imminent risk of placement in out-ofhome care or that a child in out-of-home
care under the supervision of the public
agency may be returned to his or her
family, or that a youth left foster care at
age 16 or older and is at least 18 years
old and not more than 21 years old.
II. Award Information
A. Available Funds: This NOFA
announces the availability of $20
million for applications for the FY 2008
FUP which will provide voucher
assistance to approximately 2,840 FUP
eligible families and youths. The $20
million will be used to fund
applications submitted by PHA’s for
HCVs to be issued to families for whom
the lack of adequate housing is a
primary factor in the separation, or the

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threat of imminent separation, of
children from their families; and/or
youths 18 to 21 years old who left foster
care at age 16 or older and who lack
adequate housing.
B. Maximum Voucher Request: The
total number of vouchers that a PHA
may apply for will be based upon the
size of the PHA. PHAs with a HCV
program of 2000 or more units under an
ACC may apply for funding that will
support approximately 100 units. PHAs
with a HCV program of 500 units to
1999 units may apply for funding that
will support approximately 50 units.
PHAs with a HCV program of less than
500 units under an ACC may apply for
funding that will support approximately
25 units.
C. Lottery: If more approvable
applications are submitted in FY 2008
than funding available under this
NOFA, a national lottery will be
conducted to select approvable
applications. See section V.B. of this
NOFA regarding the lottery procedures
to be followed.
D. Unfunded Approvable
Applications: PHAs with approvable
applications that are not funded, in
whole or in part, due to insufficient
funds available under this FUP NOFA
or HUD error, shall be funded first in FY
2009 provided HUD receives additional
appropriations for the FUP in FY 2009.

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III. Eligibility Information
A. Eligible Applicants: PHAs are the
eligible applicants and may submit only
one application under this NOFA. This
one application per PHA limit applies
regardless of whether the PHA is a State
or regional PHA, except in those
instances where such a PHA has more
than one PHA code number due to its
operating under the jurisdiction of more
than one HUD Field Office. In such
instance, a separate application under
each code shall be considered for
funding with the cumulative total of
vouchers applied for under the
applications not to exceed the
maximum number of vouchers the PHA
is eligible to apply for under section
II.B. of this NOFA; i.e., no more than the
number of vouchers the same PHA
would be eligible to apply for if it had
only one PHA code number. Please note
that a contract administrator that does
not have an annual contributions
contract (ACC) with HUD for HCVs, but
constitutes a PHA under 24 CFR
791.102 by reason of its administering
HCVs on behalf of another PHA, shall
not be eligible to submit an application
under this NOFA.
B. Cost Sharing or Matching: None
required.

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C. Other
1. Threshold Requirements.
a. All applicants must meet the
threshold requirements under Section
III.C. of the FY 2008 General Section
with the following exceptions:
(1) Section III.C.2.d. (Conducting
Business in Accordance with Core
Values and Ethical Standards). To
reflect core values, all applicant PHAs
shall develop and maintain a written
code of conduct in the PHA’s
administrative plan that: (a) Requires
compliance with the conflict of interest
requirements of the HCV program cited
in 24 CFR 982.161; and (b) Prohibits the
solicitation or acceptance of gifts or
gratuities in excess of a nominal value
by an officer or employee of the PHA or
any contractor, subcontractor, or agent
of the PHA. The PHA’s administrative
plan shall state the PHA’s policies
concerning PHA administrative and
disciplinary remedies for violation of
the PHA’s code of conduct. The PHA
shall inform all officers, employees and
agents of its organization, of the PHA’s
code of conduct.
(2) Section III.C.4.b. (1) through (3)
(Specific Steps to Affirmatively
Furthering Fair Housing). The PHA
must comply with Section III.C.4.b. of
the General Section; the exceptions only
apply to providing specific steps in the
application. In addition, prior to the
application due date under this NOFA,
each applicant must submit to the
public housing director in the
applicant’s local HUD field office an
addendum to the applicant’s HCV
administrative plan that outlines
reasonable steps the applicant will take
to affirmatively further fair housing in
regards to the vouchers awarded under
this NOFA. Reasonable steps must
include:
(a) Identifying and ensuring
certification of FUP eligible families and
youth that may be on the PHA’s waiting
list and ensuring that the family or
youth maintain their original position
on the waiting list after certification.
(b) Appropriately placing all FUP
eligible families and youth referred from
the PCWA on the HCV waiting list in
order of first come, first served.
(c) Informing applicants on how to
file a fair housing complaint including
the provision of the toll free number for
the Housing Discrimination Hotline: 1–
800–669–9777.
Further, an applicant must comply
with the affirmatively furthering fair
housing requirements of 24 CFR Section
903.7(o) by: (1) Examining its programs
or proposed programs; (2) identifying
any impediments to fair housing choice
within those programs; (3) addressing

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those impediments in a reasonable
fashion in view of the resources
available; (4) working with local
jurisdictions to implement any of the
jurisdiction’s initiatives to affirmatively
further fair housing that require the
PHA’s involvement; and (5) maintaining
records reflecting these analyses and
actions. Further, applicant PHAs are
encouraged to take the following
proactive steps in addressing
accessibility problems for persons with
disabilities: (1) Where requested by an
individual, assist program applicants
and participants to gain access to
supportive services available within the
community, but not require eligible
applicants or participants to accept
supportive services as a condition of
continued participation in the program;
(2) Identify public and private funding
sources to assist participants with
disabilities in covering the costs of
structural alterations and other
accessibility features that are needed as
accommodations for their disabilities;
(3) Not deny persons who qualify for a
HCV under this program other housing
opportunities, or otherwise restrict
access to PHA programs to eligible
applicants who choose not to
participate; (4) Provide housing search
assistance; (5) In accordance with rent
reasonableness requirements, approve
higher rents to owners that provide
accessible units with structural
modifications for persons with
disabilities; and (6) Provide technical
assistance, through referrals to local fair
housing and equal opportunity offices,
to owners interested in making
reasonable accommodations or units
accessible to persons with disabilities.
b. The PHA must not have any major
unresolved program management
findings from an Inspector General’s
audit, HUD management review or
Independent Public Accountant (IPA)
audit for the PHA’s HCV program or
other significant program compliance
problems that were not resolved prior to
this NOFA’s application deadline. Major
program management findings, or
significant program compliance
problems, are those that would cast
doubt on the capacity of the applicant
to effectively administer any new HCV
funding in accordance with applicable
HUD regulatory and statutory
requirements.
c. The PHA must not be involved in
litigation where HUD determines that
the litigation may seriously impede the
ability of the applicant to administer the
vouchers.
d. Program Threshold Requirements.
To be eligible for funding in response to
this NOFA, the applicant must meet the
following program threshold

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requirements and receive at least 50
points of the maximum 100 total points
that could be received for Threshold
Criterion 2, Efforts of PHA to Provide
Area-Wide Housing Opportunities for
Families.
(1) Threshold Criterion 1: Unmet
Housing Needs.
(a) This criterion requires the PHA to
demonstrate the need for an equal or
greater number of HCVs than it is
requesting under this NOFA. The PHA
must assess and document the unmet
housing need for its geographic
jurisdiction of:
(i) Families for whom the lack of
adequate housing is a primary factor in
the imminent placement of the family’s
child or children in out-of-home care, or
in a delay of discharge of a child or
children to the family from out-of-home
care, and/or;
(ii) Youths at least 18 years old and
not more than 21 years old (have not
reached his/her 22nd birthday) who left
foster care at age 16 or older and who
do not have adequate housing. The
results of the assessment must include
a comparison of the estimated unmet
housing needs of such families and
youths to the Consolidated Plan
covering the PHA’s jurisdiction. The
demonstration of need and comparison
to the Consolidated Plan should be
based on those FUP-eligible families,
and/or FUP-eligible youths that the PHA
is basing its voucher request upon and
to which it intends to issue FUP
vouchers.
(2) Threshold Criterion 2: Efforts of
PHA To Provide Area-Wide Housing
Opportunities for Families (100 points).
Many PHAs have undertaken voluntary
efforts to provide area-wide housing
opportunities for families. The efforts
described in response to this criterion
must be beyond those required by
federal law or regulation such as the
portability provisions of the HCV
program. (See section V.A. of this NOFA
for points assigned for this Threshold
Criterion).
(3) Threshold Criterion 3:
Memorandum of Understanding (Mou)
Coordination Between PHA and Public
Child Welfare Agency To Identify and
Assist FUP-Eligible Families and FUPEligible Youths.
The application must include an
MOU, executed by the chief executive
officer of the PHA and the PCWA,
identifying the actions that the PHA and
the PCWA will take to identify and
assist FUP-eligible families and/or FUPeligible youths, and the resources that
each organization will commit to the
FUP.
(a) The MOU must clearly address, at
a minimum, the following:

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(i) PHA responsibilities as outlined in
section VI.B.3. of this NOFA.
(ii) PCWA responsibilities as outlined
in section VI.B.4. of this NOFA.
(iii) The assistance the PCWA will
provide to families and youths, as
appropriate, in locating housing units
and working with landlords to secure
appropriate eligible units.
(iv) The PCWA’s past experience in
administering a similar program.
(v) Past PCWA and PHA cooperation
in administering a similar program.
(vi) If the PHA intends to issue FUP
vouchers to FUP-eligible youths, the
services to be provided to such youths
by the PCWA, or by another agency/
organization under agreement/contract
to the PCWA to provide the services,
which at a minimum must include the
following for a period of not less than
the 18 months a FUP-eligible youth is
receiving rental assistance through the
use of a FUP voucher.
(A) Basic life skills information/
counseling on money management, use
of credit, housekeeping, proper
nutrition/meal preparation; and access
to health care (e.g., doctors, medication,
and mental and behavioral health
services).
(B) Counseling on compliance with
rental lease requirements and with HCV
program participant requirements,
including assistance/referrals for
assistance on security deposits, utility
hook-up fees, and utility deposits.
(C) Providing such assurances to
owners of rental property as are
reasonable and necessary to assist a
FUP-eligible youth to rent a unit with a
FUP voucher.
(D) Job preparation and attainment
counseling (where to look/how to apply,
dress, grooming, relationships with
supervisory personnel, etc.).
(E) Educational and career
advancement counseling regarding
attainment of general equivalency
diploma (GED); attendance/financing of
education at technical school, trade
school or college; including successful
work ethic and attitude models.
(F) Participation of FUP-eligible
youths in the assessment and
implementation of actions to address
their needs, including the development
of an individual case plan on each
youth for services to be received and the
youth’s commitment to the plan (youth
required to sign a service plan agreeing
to attend counseling/training sessions
and to take other actions as deemed
appropriate to the youth’s successful
transition from foster care.
The MOU shall be considered by HUD
and the signatories (the PCWA and the
PHA) as a complete statement of the
responsibilities of both parties and

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evidence a commitment of resources to
the FUP. As such, the document should
be very specific. For instance, the
PCWA must clearly indicate the amount
of time and staff resources the PCWA
will commit on a continuing basis to
identifying the FUP-eligible families
and/or FUP-eligible youths to which
FUP vouchers are intended to be issued;
the length of time it will provide followup support services to these FUPeligible families and/or FUP-eligible
youths after they receive their vouchers;
etc. A MOU that does not contain the
information required in this Threshold
Criterion 3 will be deemed unacceptable
and thereby the PHA’s application for
the FUP shall be determined to be
unacceptable for funding.
(4) Threshold Criterion 4: Public Child
Welfare Agency Statement of Need for
Family Unification Program.
The application must include a
statement by the PCWA describing the
need in the area to be served for a
program providing assistance to families
for whom lack of adequate housing is a
primary factor in the placement of the
family’s children in out-of-home care or
in the delay of discharge of the children
to the family from out-of-home care,
and/or youths age 18 to 21 who left
foster care at age 16 or older and who
lack adequate housing, as evidenced by
the caseload of the PCWA. The PCWA
must adequately demonstrate that there
is a need in the PHA’s jurisdiction for
the FUP that is not being met through
existing programs by indicating the
number of FUP-eligible families who
currently have children in danger of
being placed in out-of-home care or who
cannot be returned from out-of-home
care due to inadequate housing, and/or
the number of youths at least 18 years
old but not more than 21 years old (have
not yet reached their 22nd birthday)
who left foster care at age 16 or older
and who do not have adequate housing.
The narrative must include specific
information relevant to the area to be
served, about homelessness, family
violence resulting in involuntary
displacement, number and
characteristics of families who are
experiencing the placement of children
in out-of-home care or the delayed
discharge of children from out-of-home
care as the result of inadequate housing,
and/or the number and characteristics of
youths age 18 through 21 released from
foster care at age 16 or older who do not
have adequate housing, and the PCWA’s
past experience in obtaining housing
through HUD assisted programs and
other sources for families and youths
lacking adequate housing. The PCWA’s
statement of need should be based
solely on those types of eligible FUP

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sroberts on PROD1PC70 with NOTICES

voucher participants; i.e., FUP-eligible
families and/or FUP-eligible youths to
which the PHA may issue FUP
vouchers.
d. Each applicant must meet the PIC
reporting requirements under PIH
Notice 2007–29 (HA) that will be
assessed for the month immediately
preceding the month in which the
applications under this NOFA are due.
This threshold requirement will not
apply to MTW agencies.
e. Each applicant must have achieved
points (15 or 20) under the Section 8
Management Assessment Program
(SEMAP) leasing indicator (24 CFR
Section 985.3(n)) and not be designated
as troubled for its most recent assessed
fiscal year. MTW agencies that are not
required to report under SEMAP shall
be held to the 95 percent lease-up and
budget authority utilization
requirements referenced above. These
MTW agencies are required to submit a
certification with their application
certifying that they are not required to
report under SEMAP, and that they
meet the 95 percent lease-up or budget
authority utilization requirements.
f. Each applicant must have their PHA
plans approved for its current FY by the
submission date of this NOFA.
g. The PHA applicant must not have
any major unresolved program
management findings from an Inspector
General Audit, HUD management
review or Independent Public
Accountant (IPA) audit for the PHA’s
HCV program or other significant
program compliance problems that were
not resolved prior to this NOFA’s
application deadline. Major program
management findings, or significant
program compliance problems, are those
that would cast doubt on the capacity of
the applicant to effectively administer
any new HCV funding in accordance
with applicable HUD regulatory and
statutory requirements.
h. The PHA must not be involved in
litigation where HUD determines that
the litigation may seriously impede the
ability of the applicant to administer the
vouchers.
IV. Application and Submission
Information
A. Address to Request Application
Package. Applicants may download the
instructions to the application found on
the Grants.gov Web site at http://
www.Grants.gov./applicants/
apply_for_grants.jsp. If you have
difficulty accessing the information you
may call the Grants.gov Support Desk
toll free at 1–800–518–GRANTS or
e-mail your questions to
[email protected]. See the General
Section for information regarding the

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registration process or ask for
registration information from the
Grants.gov Support Desk.
B. Content and Form of Application
Submission
Applicants submitting electronic
copies should follow the procedures in
Sections IV.B. and F. of the General
Section. The following list is provided
as a guide to help ensure that you
submit all the required elements of the
application. All applicants should enter
the applicant name, DUNS number, and
page numbers on the narrative pages of
the application. All forms are available
when you download the application and
instructions from http://
www.grants.gov/applicants/apply_for_
grants.jsphttps://apply.grants.gov/
forms_apps_idx.html.
1. SF–424, Application for Federal
Assistance.
2. SF–LLL, Disclosure of Lobbying
Activities.
3. HUD–2880, Applicant/Recipient
Disclosure/Update Report (‘‘HUD
Applicant Recipient Disclosure Report’’
on Grants.gov).
4. Form HUD–52515–Funding
Application, must be completed and
submitted. This form includes all the
necessary certifications for Fair
Housing, Drug-Free Workplace and
Lobbying Activities. PHAs are requested
to enter their housing authority code
number (for example, CT002) as well as
their electronic mail address, telephone
number, and facsimile telephone
number in the same place at the top of
the form where they are also to enter the
PHA’s name and mailing address.
Section C of the form should be left
blank. PHAs may obtain a copy of form
HUD–52515 by downloading the form
from the following HUD Web site:
http://www.hud.gov/offices/adm/
hudclips/forms/index.cfm. In addition,
the form HUD–52515 will also be posted
with the FUP NOFA at the following
HUD Web site: www.hud.gov/offices/
adm/grants/otherhud.cfm. The form
must be completed in its entirety, with
the exception of Section C, signed and
dated.
5. Letter of Intent and Narrative.
Funding is limited, and HUD may only
have enough funds to approve a smaller
amount than the number of vouchers
requested. The PHA must state in its
cover letter the number of vouchers it is
requesting and the minimum number of
vouchers it will accept if selected under
a lottery system. The cover letter must
also include a statement by the PHA
certifying that the PHA has consulted
with the agency or agencies in the State
responsible for the administration of
welfare reform to provide for the

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successful implementation of the State’s
welfare reform for families and youths
receiving rental assistance under the
FUP. The application must also include
an explanation of how the applicant
meets the requirements for Threshold
Criterion 1 through 4 in section III.C.1.b.
of this NOFA. The PCWA serving the
jurisdiction of the PHA is responsible
for providing the information for
Threshold Criteria 4, to the PHA for
submission with its application. This
should include a discussion (as
appropriate to whether the PHA intends
to issue FUP voucher to eligible families
and/or youths) of the case-load of the
PCWA and information about
homelessness, family violence resulting
in involuntary displacement, number
and characteristics for families who are
experiencing the placement of children
in out-of-home care or the delayed
discharge of children from out-of-home
care as a result of inadequate housing,
the number and characteristics of
youths age 18 to 21 years old who left
foster care at age 16 or older and who
lack adequate housing, and the PCWA’s
experience in obtaining housing through
HUD assisted housing programs and
other sources for families and youths
lacking adequate housing. A State-wide
PCWA must provide information on
Threshold Criteria 4 to all PHAs that
request such information; otherwise,
HUD will not consider applications
from any PHA with the State-wide
PCWA as a participant in its program.
6. Evaluation Certifications. The PHA
and the PCWA, in separate
certifications, must state that the PHA
and PCWA agree to cooperate with HUD
and provide requested data to the HUD
office or HUD-approved contractor
delegated the responsibility for the
program evaluation. No specific
language for this certification is
prescribed by HUD.
7. Form HUD–2993. All PHAs must
complete and submit form HUD–2993,
Acknowledgement of Application
Receipt. In addition to the PHA entering
its name and address on the form, the
full title of the program under which the
PHA is seeking funding must also be
entered. This form is available at the
following HUD Web site: http://
www.hud.gov/offices/adm/hudclips/
forms/index.cfm. In addition the form
HUD–2993 will also be posted with the
FUP NOFA at the following HUD Web
site: www.hud.gov/offices/adm/grants/
otherhud.cfm.
8. Form HUD–2994–A. You Are Our
Client! Grant Applicant Survey,
Optional.
9. Form HUD–96011. Third Party
Documentation Facsimile Transmittal
(‘‘Facsimile Transmittal Form’’ on

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Grants.gov). Used as the cover page to
transmit third party documents and
other information designed for each
specific application for tracking
purposes. HUD will not be able to match
faxes to an application if the application
does not contain the HUD–96011 fax
cover page, and each fax submitted does
not use the HUD–96011 as the cover
page to the facsimile transmission.
C. Submission Dates and Times: Your
completed application must be received
and validated electronically by
Grants.gov no later than 11:59:59 p.m.
Eastern time on the deadline date. The
validation process can take 24–48 hours
following receipt of the application by
Grants.gov. Applicants are advised to
submit the application 72 hours prior to
the deadline date so that if the
application is rejected by Grants.gov,
the applicant has enough time to correct
the noted problem and resubmit the
application in time to meet the deadline
requirements. (See General Section for
further information on the Grants.gov
validation process.)
HUD has found that the most common
error made by grantees which causes
their application to fail validation is that
the applicant ID and password do not
match the DUNS number under which
they are applying, or the applicant is not
authorized by the organization to submit
the application on behalf of the
organization. Please make sure when
submitting your application that you are
using the correct DUNS number, user ID
and password, that you have registered
at Grants.gov and that you have been
authorized by the organization to submit
the application on behalf of the
applicant. To check your registration
status, follow the directions provided in
the General Section.
D. Intergovernmental Review:
Intergovernmental review is not
applicable to this program.
E. Funding Restrictions:
2. Voucher Funding. HUD’s Housing
Voucher Financial Management
Division will determine the amount of
funding that a PHA will be awarded
under this NOFA based upon the PHA’s
per unit cost for FY 2008 renewal
funding or 2009 renewal funding if
those costs are available. Administrative
fees are not included in this funding
and will be determined in accordance
with section 10 of the Public and Indian
Housing (PIH) Notice 2008–15 (HA) or
a subsequent administrative fee notice
(a copy of all PIH notices referenced in
the NOFA may be downloaded at
http://www.hudclip.org). PIH Moving to
Work (MTW) agencies will be funded
under this NOFA in accordance with
their MTW agreements.

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F. Other Submission Requirements
1. Application Submission and
Receipt Procedures. The General
Section describes application
submission procedures and how
applicants may obtain proof of timely
submission.
2. Waiver of Electronic Submission
Requirements. Applicants interested in
applying for funding under this NOFA
must submit their applications
electronically via Grants.gov or request
a waiver from the electronic submission
requirement. Applicants should submit
their waiver request in writing using email. Waiver requests must be
submitted no later than 15 days prior to
the application deadline date and
should be submitted to
[email protected] and
[email protected]. If an
applicant is granted a waiver, the
approval will provide instructions for
submitting paper copies to the
appropriate HUD office. All paper
applications must be received by the
application deadline to meet the
requirements for timely submission.
3. Acceptable Applications. An
acceptable application is one which
meets all of the application submission
requirements in Section IV.B. of the
NOFA and does not fall into any of the
categories listed in section V.B.3. of this
NOFA. The Grants Management Center
(GMC) will initially screen all
applications and notify PHAs of
technical deficiencies by letter.
V. Application Review Information
A. Criteria
HUD’s GMC is responsible for rating
the applications under the selection
criteria in this NOFA, and is responsible
for the selection of FY 2008 applications
that will receive consideration for
assistance under the FUP.
1. Rating and Assessment for
Threshold Criteria 2. Many PHAs have
undertaken voluntary efforts to provide
area-wide housing opportunities for
families. The efforts described in
response to this criterion must be
beyond those required by federal law or
regulation such as the portability
provisions of the HCV program. The
GMC will assign 25 points for any of the
following assessments and add the
points for all the assessments to
determine the total points for this
criterion.
a. Assign 25 points if the PHA
documents that PHA staff will provide
housing counseling for families that
want to move to low-poverty or nonminority areas, or if the PHA has
established a contractual relationship
with a nonprofit agency or a local

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71035

governmental entity to provide housing
counseling for families that want to
move to low-poverty or non-minority
areas.
b. Assign 25 points if the PHA
documents that it participates with
other PHAs in using a metropolitan
wide or combined waiting list for
selecting participants for the HCV
program.
c. Assign 25 points if the PHA
documents that it has implemented
other initiatives that have resulted in
expanding housing opportunities in
areas that do not have undue
concentrations of poverty or minority
families.
d. Assign 25 points if the PHA is
using HCVs (not part of a previously.
HUD-approved FUP) to create a FUP
like program or to expand upon its
existing FUP.
B. Review and Selection Process
1. GMC Screening. After the GMC has
screened all applications and
disapproved any applications
unacceptable for further processing, the
GMC will review and rate all approvable
applications.
All FY 2008 applications identified by
the GMC as meeting the requirement of
this NOFA, will be eligible for the
lottery selection process. The GMC will
select eligible PHAs to be funded based
on a lottery in an event the cost of
funding all approvable applications
exceeds funding made available under
this NOFA.
HUD may limit the number of FY
2008 approvable applications selected
for any State to no more than 10 percent
of the budget authority made available
under this NOFA in order to achieve
geographic diversity. If establishing this
geographic limit results in unspent
budget authority, HUD may modify this
limit to assure that all available funds
are used.
Applications will be funded in full for
the number of vouchers requested by
the PHA in accordance with the NOFA.
If the remaining voucher funds are
insufficient to fund the last PHA
application in full, the GMC may
recommend funding that application to
the extent of the funding available and
the applicant’s willingness to accept a
reduced number of vouchers.
Applicants that do not wish to have the
size of their programs reduced may
indicate in their application that they do
not wish to be considered for a reduced
award of funds. The GMC will skip over
these applicants if assigning the
remaining funding would result in a
reduced funding level.
2. Technical Deficiencies. The General
Section provides the procedures for

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corrections to deficient applications.
Please note that clarifications for
corrections of technical deficiencies in
accordance with the information
provided by HUD to the applicant must
be submitted within 14 calendar days of
receipt of the date of the HUD
notification.
3. Unacceptable Applications. After
the 14-day technical deficiency
correction period, the GMC will
disapprove all PHA applications that
the GMC determines are not acceptable
for processing. The GMC’s notification
of rejection will state the basis for the
decision which may include one of the
following:
a. Any PHA application that does not
meet the threshold requirements of the
General Section and/or this NOFA.
b. A PHA’s application that does not
comply with the requirements of 24 CFR
982.102 and the requirements of this
NOFA after the expiration of the 14calendar day technical deficiency
correction period.
c. The PHA’s application was
submitted after the application deadline
date.
C. Anticipated Announcement and
Award Dates: It is anticipated that
award announcements will take place
during either the month of June or July,
2009.
VI. Award Administration Information
A. Award Notices: Successful
applicants will receive an award letter
from HUD. Funding will be provided to
successful applicants as an amendment
to the ACC of the applicant PHA.
Unsuccessful applicants will receive a
notification of rejection letter from the
GMC that will state the basis for the
decision. For a period of at least 120
days, beginning 30 days after the awards
for assistance are publicly announced,
HUD will provide to a requesting
applicant a debriefing related to its
application. (See the General Section for
additional information regarding
debriefing). Applicants requesting to be
debriefed must send the written request
to: Keia Neal, Acting Director, GMC,
U.S. Department of Housing and Urban
Development, 501 School Street, SW.,
Suite 800, Washington, DC 20024.

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B. Administrative and National Policy
Requirements
1. HCV Program Regulations.
Applicants must administer the Family
Unification Program in accordance with
HUD’s regulations governing the HCV
Program (24 CFR 982). MTW agencies
may administer these vouchers in
accordance with their MTW agreements
unless they are inconsistent with

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Appropriations Act requirements or the
requirements of this NOFA.
2. Turnover. If a voucher issued to a
FUP-eligible family or FUP-eligible
youth under this program is terminated,
the voucher must be reissued to the
extent practicable, to either another
FUP-eligible family or FUP-eligible
youth. If the award on turnover to FUP
eligible families or youth is not
practicable, FUP vouchers may be used
by PHAs for such families and youths
based upon local needs and consistent
with the PHA’s administrative plan and
MOU.
A FUP voucher issued to a youth age
18 to 21 may not be used to provide
housing assistance for that youth for a
period of more than 18 months, as per
the statutory requirements of Section
8(x)(2) of the U.S. Housing Act of 1937,
as amended.
3. PHA Responsibilities.
a. Accept families and youths
certified by the PCWA as eligible for the
FUP. The PHA, upon receipt of the
PCWA list of families and youths
currently in the PCWA caseload, must
compare the names with those of
families and youths already on the
PHA’s HCV waiting list. Any family or
youth on the PHA’s HCV waiting list
that matches with the PCWA’s list must
be assisted in order of their position on
the waiting list in accordance with PHA
admission policies. Any family or youth
certified by the PCWA as eligible and
not on the HCV waiting list must be
placed on the waiting list. If the PHA
has a closed HCV waiting list, it must
reopen the waiting list to accept a FUP
applicant family or youth who is not
currently on the PHA’s HCV waiting
list;
b. Determine if any families with
children, or youths age 18 through 21 on
its HCV waiting list are living in
temporary shelters or on the street and
may qualify for the Family Unification
Program, and refer such applicants to
the PCWA;
c. Determine if families with children,
or youths age 18 through 21 referred by
the PCWA are eligible for HCV
assistance and place eligible families/
youths on the HCV waiting list;
d. Amend the administrative plan in
accordance with applicable program
regulations and requirements;
e. Administer the vouchers in
accordance with applicable program
regulations and requirements;
f. Assure the quality of the evaluation
that HUD intends to conduct on the FUP
and cooperate with and provide
requested data to the HUD office or
HUD-approved contractor responsible
for program evaluation; and

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g. Comply with the actions to be taken
by the PHA as specified in the MOU
executed by the PHA and the PCWA.
{See Section III.C.1.b.3. regarding the
MOU}.
4. PCWA Responsibilities
a. Establish and implement a system
to identify FUP-eligible families and
FUP-eligible youths within the agency’s
caseload and to review referrals from
the PHA;
b. Provide written certification to the
PHA that a family qualifies as a FUPeligible family, or that a youth qualifies
as a FUP-eligible youth, based upon the
criteria established in section 8(x) of the
United States Housing Act of 1937, and
this notice;
c. Commit sufficient staff resources to
ensure that eligible families and youths
are identified and determined eligible in
a timely manner and to provide followup supportive services after these
families and youths lease units;
d. Cooperate with the evaluation that
HUD intends to conduct on the FUP,
and submit a certification with the
PHA’s application for FUP indicating
that the PCWA will agree to cooperate
with and provide requested data to the
HUD office or HUD-approved contractor
having responsibility for program
evaluation; and
e. Comply with the actions to be taken
by the PCWA as specified in the MOU
executed between the PCWA and the
PHA. {See Section III.C.1.b.3. regarding
the MOU.}
5. Environmental Impact
In accordance with 24 CFR
50.19(b)(11) and 58.35(b)(1) of the HUD
regulations, tenant-based rental
activities under this program are
categorically excluded from the
requirements of the National
Environmental Policy Act of 1969
(NEPA) and are not subject to
environmental review under the related
laws and authorities. Activities under
the homeownership option of this
program are categorically excluded from
NEPA requirements and excluded from
other environmental requirements
under 24 CFR 58.5 in accordance with
24 CFR 58.35(b)(5), but PHAs are
responsible for the environmental
requirements in 24 CFR 982.626(c).
With regard to activities under the
homeownership option for units not yet
under construction at the time the
families enter into the contract for sale,
the additional environmental review
requirements referenced in 24 CFR
Sections 982.628(e), 982.631(c)(3) and
982.637(b) also apply in addition to
Section 982.626(c), and the PHA shall
submit all relevant environmental

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information to the responsible entity or
to HUD to assist in the completion of
those requirements.
6. HUD’s Strategic Goals. HUD is
committed to ensuring that programs
result in the achievement of HUD’s
strategic mission. HCVs awarded under
this NOFA support the Department’s
strategic goals of expanding access to
and the availability of decent, affordable
rental housing. For more information
about HUD’s Strategic Plan and Annual
Performance Plan, you may visit HUD’s
Web site at http://www.hud.gov/offices/
cfo/reports/cforept.cfm. Also, see
Section V.B. of the FY 2008 General
Section for information on ‘‘HUD’s
Strategic Goals to Implement HUD’s
Strategic Framework and Demonstrate
Results’’.
7. HUD Policy Priorities. HCVs
awarded under this NOFA supports
HUD’s policy of providing increased
homeownership and rental
opportunities for low- and moderateincome persons.

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C. Reporting
1. Family Report. All successful
applicants including MTW agencies)
must report the usage of voucher funds
under this NOFA through required
submissions of the form HUD–50058,
Family Report. PHAs must enter the
program code ‘‘FUP’’ on line 2n of the
Family Report for families who are
assisted with vouchers under this
NOFA. PHAs must maintain this code
on the form HUD–50058 for the
duration of the family’s participation in
the HCV program.
2. Racial and Ethnic Data. HUD
requires that funded recipients collect
race and ethnic beneficiary data. HUD
has adopted the Office of Management
and Budget Standards for the Collection
of Race and Ethnic Data. In view of
these requirements, you should use form
HUD–27061, Racial and Ethic Data
Reporting Form (instruction for its use),
found on www.HUDclips.org for this
purpose.
VII. Agency Contacts
1. Technical Assistance. Before the
application deadline date, you can
contact the Public and Indian Housing
Resource Center (PIHRC) for answers to
your questions. However, staff is not
permitted to assist in preparing your
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.
The PIHRC can be reached by calling 1–
800–955–2232 (this is a toll free
number). Persons with hearing or
speech impairments may access these

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numbers via TTY (text telephone) by
calling the Federal Information Relay
Service at 1–800–877–8339 (this is a
toll-free number). For technical support
for registering to apply using
www.grants.gov, downloading an
application, or electronically submitting
an application, please call Grants.gov
Customer Support at 800–518–GRANTS
(472687) (This is a toll-free number) or
e-mail [email protected].
2. Satellite Broadcast. HUD will not
have a satellite broadcast on the FUP.
VIII. Other Information
A. Public Access, Documentation and
Disclosure: For information, please
review section VIII.G. of the FY 2008
General Section.
B. Paperwork Reduction Act: The
information collection requirements
contained in this document have been
submitted to the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520) and approval is pending. Once
approved, HUD will publish a notice in
the Federal Register notifying the
public regarding the OMB approval
number. In accordance with the
Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless the collection
displays a currently valid OMB number.
Dated: November 10, 2008.
Paula O. Blunt,
General Deputy Assistant Secretary for Public
and Indian Housing.
[FR Doc. E8–27873 Filed 11–21–08; 8:45 am]
BILLING CODE 4210–67–P

DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5242–N–01]

The Housing and Economic Recovery
Act of 2008 Applicability to HUD Public
Housing, Section 8 Tenant-Based
Voucher and Section 8 Project-Based
Voucher Programs
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:

SUMMARY: This notice provides
information about the applicability to
HUD’s public housing and Section 8
tenant-based and project-based voucher
programs of certain provisions of the
Housing and Economic Recovery Act of
2008. This notice provides an overview
of key provisions that affect HUD’s
public housing programs, identifies
those provisions that are self-

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71037

implementing and require no action on
the part of HUD for participants to
commence taking action to be in
compliance, those provisions that
require implementing regulations on the
part of HUD, and advises of efforts
underway within HUD to further
facilitate compliance with this new law,
including rules and guidance that as
may be necessary or appropriate.
Provisions of this new law that affect
project-based assisted housing programs
administered by HUD’s Office of
Housing are also identified. This notice
also solicits comments, questions, or
proposals that HUD should take into
consideration in developing more
detailed guidance or rules to implement
those provisions of the new law that
require more detailed guidance or
rulemaking.
Comment Due Date: December
24, 2008.

DATES:

Interested persons are
invited to submit comments regarding
this proposed rule to the Regulations
Division, Office of General Counsel, 451
7th Street, SW., Room 10276,
Department of Housing and Urban
Development, Washington, DC 20410–
0500. Communications must refer to the
above docket number and title. There
are two methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street, SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.

ADDRESSES:

Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule.

E:\FR\FM\24NON1.SGM

24NON1