92435-ca Owner Certifications -section 202 Program

OWNER CERTIFICATIONS SECTION 202 PROGRAM

U.S. Department of Housing
and Urban Development
Office of Housing
Federal Housing Commissioner

OMB Control NO. 2502-0470
(exp. 08/31/2013)

Public reporting burden for this collection of information is estimated to average 0.5 hour (30 minutes) per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintain the data needed, and completing and reviewing the
collection of information. HUD may not collect this information and you are not required to complete this form, unless it displays a
currently valid OMB control number.
This information collection is necessary to ensure that viable projects are developed. It is important to obtain information from
applicants to assist HUD in determining if nonprofit organizations initially funded continue to have the financial and administrative
capacity needed to develop a project and that the project design meets the needs of the residents. The Department will use this
information to determine if the project meets statutory requirements with respect to the development and operation of the project, as
well as ensuring the continued marketability of the project. This information is required in order to obtain benefits. This information is
considered non-sensitive and no assurance of confidentiality is provided.

The Owner, to the best of its knowledge and belief, hereby assures and certifies that it will comply with respect to the
following:
1.

CERTIFICATION IN CONNECTION WITH THE DEVELOPMENT AND OPERATION OF A SECTION 202
SUPPORTIVE HOUSING FOR THE ELDERLY PROJECT:
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and the implementing regulations at 24 CFR Part 8;
the Fair Housing Act (42 U.S.C. 3600-3619) and the implementing regulations at 24 CFR Part 100, 108, 109, and
110; Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the implementing regulations at 24 CFR Part 1;
section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and the implementing
regulations at 24 CFR Part 135; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and the implementing
regulations at 24 CFR Part 146; Executive Order 11246 (as amended) and the implementing regulations at 41
CFR Chapter 60; the regulations implementing Executive Order 11063 (Equal Opportunity in Housing) at 24 CFR
Part 107; the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) to the extent applicable; the affirmative fair
housing marketing requirements of 24 CFR part 200, subpart M and the implementing regulations at 24 CFR part
108; and other applicable Federal, State and local laws prohibiting discrimination and promoting equal
opportunity.

2.

DRUG-FREE WORKPLACE ACT
Provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 U.S.C. 701) by:
a.

publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the sponsor's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;

b.

establishing an ongoing drug-free awareness program to inform employees about (l) the dangers of drug abuse in the workplace;
(2) the sponsor's policy of maintaining a drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance programs; and
(4)

c.

the penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;

making it a requirement that each employee to be engaged in the performance of the capital advance be
given a copy of the statement required by paragraph (a);

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d.

notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the capital advance, the employee will (1) abide by the terms of the statement; and
(2) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;

e.

notifying HUD in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction.

f.

taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2),
with respect to any employee who is so convicted (1) taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
appropriate agency;

3.

g.

making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e) and (f);

h.

providing the street address, city, county, state, and zip code for the site or sites where the performance
of work in connection with the grant will take place.

DESIGN AND COST STANDARDS:
It will comply with HUD's design and cost standards, the Uniform Federal Accessibility Standards and HUD's
implementing regulations at 24 CFR part 40, Section 504 of the Rehabilitation Act of 1973 and HUD's
implementing regulations at 24 CFR part 8, and for covered multifamily dwellings designed and constructed for
first occupancy after March 13, 1991, the design and construction requirements of the Fair Housing Act of 1988
and HUD's implementing regulations at 24 CFR part 100, and the Americans with Disabilities Act of 1990.

4.

ACQUISITION AND RELOCATION
It will comply (or has complied) with the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), implemented by regulations
at 49 CFR part 24, and 24 CFR § 891.155(e).

5. DAVIS-BACON
It will comply with the Davis-Bacon Requirements and the Contract Work
6.

FLOOD DISASTER PROTECTION ACT OF 1973

It will comply with the requirements under the Flood Disaster Protection
and the Coastal Barrier Resources Act
(16 U.S.C. 3601).
7.

Hours and Safety Standards Act.

Act of 1973 (42 U.S.C. 4001-4128)

NATIONAL ENVIRONMENTAL POLICY ACT
It will comply with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and applicable related
environmental authorities at 24 CFR Part 50.4 and HUD's implementing regulations at 24 CFR Part 50.

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8.

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

9.

COMPLIANCE WITH OMB CIRCULAR A-129
It has complied with OMB Circular A-129, Managing Federal Credit Programs and that it has been unable to
obtain the necessary funds to develop the project from private sources upon terms and conditions equally
favorable as the terms and conditions available under the Section 202 program.

10.

TRUTH AND ACCURACY
The information provided to HUD in its application under the Section 202 Supportive Housing for the Elderly is
true and accurate, to the best of its knowledge.

Signature of Authorized Certifying Official

Title

Owner Organization

Date

WARNING

HUD will prosecute false claims and statements. Convictions may result in criminal and/or civil penalties (18 U.S.C.
1001,1010,1012; 31 U.S.C. 3729 /FS3802).

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