(D) Eligible Applicants.

Nonprofit organizations that have a section 501(c) (3) tax exemption from the Internal Revenue Service are the only eligible applicants under this program.

No organization shall participate as Sponsor or Co-sponsor in the filing of application(s) for a capital advance in three (3) or more Hubs in this fiscal year in excess of that necessary to finance the construction, rehabilitation, or acquisition of 100 units of housing for persons with disabilities. This limit shall apply to organizations that participate as Co-sponsors regardless of whether the Co-sponsors are affiliated or nonaffiliated entities. In addition, the national limit for any one applicant is 10 percent of the total units allocated in all HUD offices. Affiliated entities that submit separate applications shall be deemed to be a single entity for the purposes of these limits. No single application shall request more units in a given HUD Office than allocated for that HUD Office in this program section of the SuperNOFA.

(E) Eligible/Ineligible Activities.

(1) Eligible Activities. Section 811 capital advance funds must be used to construct, substantially rehabilitate or acquire, with or without rehabilitation, structures to be used as supportive housing integrated into the surrounding community for very low income persons with disabilities who are at least 18 years old. Project rental assistance funds must be used to cover the difference between the HUD-approved cost of operating the housing and the tenants' contributions toward rent (each resident pays 30 percent of adjusted income).

(2) Ineligible Activities. The following activities are ineligible to be funded out of the Section 811 program:

(a) Nursing homes, infirmaries and medical facilities;

(b) Transitional housing facilities;

(c) Manufactured housing facilities;

(d) Community centers, with or without special components for use by persons with disabilities;

(e) Sheltered workshops and centers for persons with disabilities;

(f) Headquarters for organizations for persons with disabilities; and

(g) Refinancing of Sponsor-owned facilities without rehabilitation.

II. Program Requirements.

In addition to the program requirements listed in the General Section of this SuperNOFA, applicants are subject to the following requirements:

(A) Statutory Requirements and Regulatory Requirements. All applicants must comply with all statutory and regulatory requirements applicable to the Section 811 program as cited in Section I(A) and I(B) above.

(B) HUD/RHS Agreement. In accordance with an agreement between HUD and the Rural Housing Service (RHS) to coordinate the administration of the agencies' respective rental assistance programs, HUD is required to notify RHS of applications for housing assistance it receives. This notification gives RHS the opportunity to comment if it has concern about the demand for additional assisted housing and possible harm to existing projects in the same housing market area. HUD will consider the RHS in its review and project selection process.

(C) Development Cost Limits. The following development cost limits, adjusted by locality as described in (C) (3) below, shall be used to determine the capital advance amount to be reserved for projects for persons with disabilities:

(1) For independent living facilities: The total development cost of the property or project attributable to dwelling use (less the incremental development cost and the capitalized operating costs associated with any excess amenities and design features to be paid for by the Sponsor) may not exceed:

Non-elevator structures:

$28,032 per family unit without a bedroom;

$32,321 per family unit with one bedroom;

$38,979 per family unit with two bedrooms;

$49,893 per family unit with three bedrooms;

$55,583 per family unit with four bedrooms.

For elevator structures:

$29,500 per family unit without a bedroom;

$33,816 per family unit with one bedroom;

$41,120 per family unit with two bedrooms;

$53,195 per family unit with three bedrooms;

$58,392 per family unit with four bedrooms.

(2) For group homes only:

Type of Disability

# Residents Physical/Developmental Chronic Mental Illness

3..........$128,710$124,245

4.......... 137,730 131,980

5.......... 146,750 139,715

6.......... 155,760 147,450

These cost limits reflect those costs reasonable and necessary to develop a project of modest design that complies with HUD minimum property standards; the minimum group home requirements of 24 CFR 891.310(a) ; the accessibility requirements of 24 CFR 891.120(b) and 891.310(b) ; and the project design and cost standards of 24 CFR 891.120.

(3) Increased development cost limits.

(a) HUD may increase the development cost limits set forth in paragraphs (C) (1) and (2) above by up to 140% in any geographic area where the cost levels require, and may increase the development cost limits by up to 160 percent on a project-by-project basis.

(b) If HUD finds that high construction costs in Alaska, Guam, Virgin Islands or Hawaii make it infeasible to construct dwellings, without the sacrifice of sound standards of construction, design, and livability, within the development cost limits provided in paragraphs (1) and (2) of this Section II(C) , the amount of capital advances may be increased to compensate for such costs. The increase may not exceed the limits established under this section (including any high cost area adjustment) by more than 50 percent.

(c) For group homes only, HUD Offices may approve increases in the development cost limits in paragraph (C) (2) above, in areas where Sponsors can provide sufficient documentation that high land costs limit or prohibit project feasibility. An example of acceptable documentation is evidence of at least three land sales which have actually taken place (listed prices for land are not acceptable) within the last two years in the area where the project is to be built. The average cost of the documented sales must exceed seven percent of the development cost limit for which the project in question is eligible in order for an increase to be considered.

(D) Sites. The National Affordable Housing Act requires Sponsors submitting applications for Section 811 fund reservations to provide either (a) evidence of site control, or (b) reasonable assurances that it will have control of a site within six months of notification of fund reservation. Accordingly, if a Sponsor has control of a site at the time it submits its application, it must include evidence of such as described in Section III(B) (4) (e) (1) of this program section of the SuperNOFA and in the application kit. If it does not have site control, it must provide the information required in Section III(B) (4) (e) (2) and in the application kit for identified sites as a reasonable assurance that site control will be obtained within six months of fund reservation notification.

Sponsors may select a site different from the one(s) submitted in their original applications if the original site(s) is (are) not approvable. Selection of a different site will require HUD performance of an environmental review on the new site, which could result in rejection of that site. However, if a Sponsor does not have site control for any reason 12 months after notification of fund reservation, the assistance will be recaptured and reallocated.

Sponsors submitting satisfactory evidence of an approvable site (i.e., site control) will have 10 bonus points added to the rating of their applications. Sponsors submitting proper identification of a site will not be eligible for the 10 bonus points.

Applications containing evidence of site control where either the evidence or the site is not approvable will not be rejected provided the application indicates the Sponsor's willingness to select another site and an assurance that site control will be obtained within six months of fund reservation notification.

In the case of a scattered site application submitted with evidence of site control for some or all of the sites, all of the sites must have satisfactory evidence of site control and all of the sites must be approvable for the application to receive the 10 bonus points for site control.

(E) Supportive Services. The National Affordable Housing Act requires Sponsors submitting applications for Section 811 fund reservations to include a supportive services plan and a certification from the appropriate State or local agency that the provision of services identified in the Supportive Services Plan is well designed to serve the special needs of persons with disabilities. Section III(B) (4) (c) below outlines the information that must be in the Supportive Services Plan. Sponsors must submit one copy of their Supportive Services Plan to the appropriate State or local agency well in advance of the application submission deadline date in order for the State or local agency to review the Supportive Services Plan and complete the Supportive Services Certification (Exhibit 4(d) of the application kit) and return it to the Sponsor for inclusion with the application submission to HUD.

Since the appropriate State or local agency will review the Supportive Services Plan on behalf of HUD, the Supportive Services Certification will also indicate whether the Sponsor demonstrated that the supportive services will be provided on a consistent, long-term basis and whether the proposed housing is consistent with State or local policies or plans governing the development and operation of housing to serve individuals of the proposed occupancy category. If HUD receives an application in which the Supportive Services Certification is missing and is not submitted during the deficiency period, or is received by HUD after the deficiency period, or indicates that the provision of services is not well designed to meet the special needs of persons with disabilities; the application is rejected. Furthermore, if the Certification indicates that the Sponsor failed to demonstrate that the supportive services will be provided on a consistent, long-term basis, or the proposed housing is not consistent with State or local agency's plans/policies governing the development and operation of housing to serve the proposed population and the agency will be a major funding or referral source for the proposed project or be responsible for licensing the project, the application shall also be rejected.

Any prospective resident of a Section 811 project who believes he/she needs supportive services must be given the choice to be responsible for acquiring his/her own services or to take part in the Sponsor's Supportive Services Plan which must be designed to meet the individual needs of each resident. Sponsors may not require residents, as a condition of occupancy, to accept any supportive service.

(F) Project Size Limits.

(1) Group home - The minimum number of persons with disabilities that can be housed in a group home is three and the maximum number is six, with one person per bedroom unless two residents choose to share one bedroom or a resident determines he/she needs another person to share his/her bedroom.

(2) Independent living facility - The minimum number of units that can be applied for in one application is five; not necessarily in one structure. The maximum number of persons with disabilities that can be housed in an independent living facility is 18.

(3) Exceptions - Sponsors may request an exception to the above project size limits by providing the information required in the application kit and as outlined in Section III(B) (4) (e) (1) (viii) below.

(G) Economic Opportunities for Low and Very Low Income Persons. Recipients shall comply with section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u (Economic Opportunities for Low and Very Low Income Persons) and its implementing regulations at 24 CFR part 135. Recipients shall ensure that training, employment and other economic opportunities shall, to the greatest extent feasible, be directed toward low and very low income persons, particularly those who are recipients of government assistance for housing and to business concerns which provide economic opportunities to low and very low income persons. Recipients must comply with the reporting and recordkeeping requirements found at 24 CFR part 135, subpart E.

(H) Certifications and Resolutions. In addition to the certifications listed in the General Section of this SuperNOFA with the exception of SF-424A, SF-424B, SF-424C, SF-424D and the OMB Circulars which are not required, applicants are required to submit signed copies of the following:

(1) Supportive Services Certification. A certification from the appropriate State or local agency identified in the application kit indicating whether: 1) the provision of supportive services is well designed to serve the needs of persons with disabilities the housing is expected to serve, 2) whether the supportive services will be provided on a consistent, long-term basis, and 3) whether the proposed housing is consistent with State or local plans and policies governing the development and operation of housing to serve individuals of the proposed occupancy category. (The name, address, and telephone number of the appropriate agency will be identified in the application kit and can also be obtained from the appropriate HUD Office.)

(2) Executive Order 12372 Certification. A certification that the Sponsor has submitted a copy of its application, if required, to the State agency (single point of contact) for State review in accordance with Executive Order 12372.

(3) Certification of Consistency with the Consolidated Plan (Plan) for the jurisdiction in which the proposed project will be located. The certification must be made by the unit of general local government if it is required to have, or has, a complete Plan. Otherwise, the certification may be made by the State, or by the unit of general local government if the project will be located within the jurisdiction of the unit of general local government authorized to use an abbreviated strategy, and if it is willing to prepare such a Plan.

All certifications must be made by the public official responsible for submitting the Plan to HUD. The certifications must be submitted as part of the application by the application submission deadline date set forth in this SuperNOFA. The Plan regulations are published in 24 CFR part 91.

(4) Certification of Compliance with HUD's project design and cost standards and special project standards;

(5) Certification of Compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended;

(6) Sponsor's Certification that it will form an "Owner" after issuance of the capital advance; cause the Owner to file a request for determination of eligibility and a request for capital advance, and provide sufficient resources to the Owner to insure the development and long-term operation of the project, including capitalizing the Owner at firm commitment processing in an amount sufficient to meet its obligations in connection with the project;

(7) Sponsor's Certification that it will comply with the requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and implementing regulations at 24 CFR part 35 (except as superseded in 24 CFR 891.325) ; and

(8) Sponsor's Certification that it will not require residents to accept any supportive services as a condition of occupancy.

(9) A certified Board Resolution that no officer or director of the Sponsor or Owner has or will have any financial interest in any contract with the Owner or in any firm or corporation that has or will have a contract with the Owner, including a current listing of all duly qualified and sitting officers and directors by title and the beginning and ending dates of each person's term.

(10) A Certified Board Resolution Acknowledging Responsibilities of Sponsorship, long-term support of the project(s) , willingness of Sponsor to assist the Owner to develop, own, manage and provide appropriate services in connection with the proposed project, and that it reflects the will of its membership, and Sponsor's willingness to fund the estimated start-up expenses, the Minimum Capital Investment (one-half of one-percent of the HUD-approved capital advance, not to exceed $10,000) , and the estimated cost of any amenities or features (and operating costs related thereto) that would not be covered by the approved capital advance;

III. Application Selection Process.

(A) Rating. All applications will be reviewed and rated in accordance with the Application Selection Process in the General Section of this SuperNOFA with the following exception. The Secretary will not reject an application based on threshold or technical review without giving notice of that rejection with all rejection reasons and affording the applicant an opportunity to appeal. HUD will afford an applicant 14 calendar days from the date of HUD's written notice to appeal a technical rejection to the HUD Office. The HUD Office must respond within five (5) working days to the Sponsor. The HUD Office shall make a determination on an appeal prior to making its selection recommendations. All applications will be either rated or technically rejected at the end of technical review. Upon completion of technical review, all acceptable applications which meet all program eligibility requirements will be rated according to the Rating Factors in (B) below.

(B) Ranking and Selection Procedures. Applications that have a total base score of 60 points or more (without the addition of EC/EZ and/or site control bonus points) will be eligible for selection and will be placed in rank order. These applications, after adding any bonus points for EC/EZ and/or site control, will be selected based on rank order to and including the last application that can be funded out of each local HUD Office's allocation. HUD Offices shall not skip over any applications in order to select one based on the funds remaining. However, after making the initial selections, any residual funds may be utilized to fund the next rank-ordered application by reducing the units by no more than 10 percent rounded to the nearest whole number, provided the reduction will not render the project infeasible. For this purpose, however, projects of nine units or less may not be reduced.

After this process is completed, residual funds from all HUD Offices within each Multifamily Hub will be combined. These funds will be used first to restore units to projects reduced by HUD offices based on the above instructions. Second, additional applications within each Multifamily Hub will be selected in rank order with no more than one additional application selected per HUD Office unless there are insufficient approvable applications in other HUD Offices within the Multifamily Hub. This process will continue until there are no more approvable applications within the Multifamily Hub that can be selected with the remaining funds. However, any remaining residual funds may be used to fund the next rank-ordered application by reducing the number of units by no more than 10 percent rounded to the nearest whole number, provided the reduction will not render the project infeasible. For this purpose, however, HUD will not reduce the number of units in projects of nine units or less.

At the conclusion of this process, any residual funds from the 18 Multifamily Hubs will be returned to Headquarters. These funds will be used first to restore units to projects reduced by HUD Offices as a result of the instructions above and, second, for selecting applications on a national rank order. No more than one application will be selected per HUD Office from the national residual amount unless there are insufficient approvable applications in other HUD Offices. If funds still remain, additional applications will be selected based on a national rank order insuring that no more than one application will be selected per HUD Office unless there are insufficient approvable applications in other HUD Offices.

(C) Factors For Award Used To Evaluate and Rate Applications. HUD will rate applications for Section 811 capital advances that successfully complete technical processing using the following Rating Factors set forth below and in accordance with the application submission requirements in IV.(B) below. The maximum number of base points to be awarded for applications is 100. Applications have the potential of earning 12 bonus points; ten (10) bonus points for acceptable evidence of control of an approvable site, and two (2) EZ/EC bonus points, as described in the General Section of the SuperNOFA. With the addition of 12 bonus points, an application has the potential of earning 112 maximum points.

Rating Factor 1: Capacity of the Applicant and Relevant Organizational Staff (30 Points)

This factor addresses the extent to which the applicant has the organizational resources to successfully implement the proposed activities in a timely manner.

In rating this factor, HUD will consider the extent to which the application demonstrates the Sponsor's ability to develop and operate the proposed housing on a long-term basis, considering the following:

(1) (20 points) The scope, extent, and quality of the Sponsor's experience in providing housing or related services to those proposed to be served by the project and the scope of the proposed project (i.e., number of units, services, relocation costs, development, and operation) in relationship to the Sponsor's demonstrated development and management capacity as well as its financial management capability; and

(2) (10 points) The scope, extent, and quality of the Sponsor's experience in providing housing or related services to minority persons or families. For purposes of this program section of the SuperNOFA "minority" means the basic racial and ethnic categories for Federal statistics and administrative reporting, as defined in OMB's Statistical and Policy Directive No. 15. (See 60 FR 44673, at 44692, August 28, 1995.)

Factor 2: Need/Extent of the Problem (10 Points)

This factor addresses the extent to which there is a need for funding the proposed activities to address a documented problem in the target area. In evaluating this factor, HUD will consider:

The extent of the need for the project in the area based on a determination by the HUD Office. This determination will be made by considering the Sponsor's evidence of need in the area, as well as other economic, demographic, and housing market data available to the HUD Office. The data could include the availability of existing comparable subsidized housing for persons with disabilities and current occupancy in such facilities, comparable subsidized housing for persons with disabilities under construction or for which fund reservations have been issued, and, in accordance with an agreement between HUD and RHS, comments from RHS on the demand for additional comparable subsidized housing and the possible harm to existing projects in the same housing market area. Also, to the extent that the community's Analysis of Impediments to Fair Housing Choice (AI) or other planning document that analyzes fair housing issues and is prepared by a local planning or similar organization identifies the level of the problem and the urgency in meeting the need, the AI should be referred to in the response. The Department will review more favorably those applications in which the AI or planning document supports the need for the project.

Factor 3: Soundness of Approach (40 Points)

This factor addresses the quality and effectiveness of the applicant's proposal. There must be a clear relationship between the proposed activities, the community's needs and purposes of the program funding for an applicant to receive points for this factor. In evaluating this factor, HUD will consider the following:

(1) (15 points) The proximity or accessibility of the site to shopping, medical facilities, transportation, places of worship, recreational facilities, places of employment, and other necessary services to the intended tenants; adequacy of utilities and streets, and freedom of the site from adverse environmental conditions (site control projects only) ; and compliance with site and neighborhood standards in 24 CFR 891.125;

(2) (10 points) The suitability of the site from the standpoints of promoting a greater choice of housing opportunities for minority persons with disabilities and affirmatively furthering fair housing.

(3) (5 points) The extent to which the proposed design of the project will meet any special needs of persons with disabilities the housing is expected to serve;

(4) (5 points) The extent to which the proposed design of the project and its placement in the neighborhood will facilitate the integration of the residents into the surrounding community; and

(5) (5 points) The Sponsor's board includes persons with disabilities (including persons who have similar disabilities to those of the prospective residents).

Factor 4: Leveraging Resources (10 Points)

This factor addresses the ability of the applicant to secure other community resources which can be combined with HUD's program resources to achieve program purposes.

(1) (5 points) The extent of local government support (including financial assistance, donation of land, provision of services, etc.) for the project; and

(2) (5 points) The extent of the Sponsor's activities in the community, including previous experience in serving the area where the project is to be located, and the Sponsor's demonstrated ability to raise local funds.

Factor 5: Comprehensiveness and Coordination (10 Points)

This factor addresses the extent to which the applicant coordinated its activities with other known organizations, participates or promotes participation in a community's Consolidated Planning process, and is working towards addressing a need in a holistic and comprehensive manner through linkages with other activities in the community.

(1) (4 points) The Sponsor involved persons with disabilities (including minority persons with disabilities) in the development of the application, and will involve persons with disabilities (including minority persons with disabilities) in the development and operation of the project;

(2) (2 points) The extent to which the Sponsor coordinated its application with other organizations to complement and/or support the proposed project;

(3) (2 points) The extent to which the Sponsor demonstrates that it has been actively involved, or if not currently active, the steps it will take to become actively involved in its community's Consolidated Planning process to identify and address a need/problem that is related in whole or part, directly or indirectly to the proposed project; and

(4) (2 points) The extent to which the Sponsor developed or plans to develop linkages with other activities, programs or projects related to the proposed project to coordinate its activities so solutions are holistic and comprehensive.

Bonus Points

(1) (10 bonus points) Acceptable evidence of control of an approvable site.

(2) (2 bonus points) Location of proposed site in an EC/EZ area as described in the General Section of this SuperNOFA.

IV. Application Submission Requirements

(A) Application. Each application shall include all of the information, materials, forms, and exhibits listed in Section IV(B) of this Section 811 Program section of the SuperNOFA (with the exception of applications submitted by Sponsors selected for a Section 811 fund reservation within the last three funding cycles) , and in the application kit. Such previously selected Section 811 Sponsors are not required to submit the information described in Section IV(B) (2) (a) , (b) , and (c) , below, of this program section of the SuperNOFA (Exhibits 2.a., b., and c. of the application) , which are the articles of incorporation (or other organizational documents) , by-laws, and the IRS tax exemption, respectively. If there has been a change in any of the eligibility documents since its previous HUD approval, the Sponsor must submit the updated information in its application. The HUD Office will base its determination of the eligibility of a new Sponsor for a reservation of Section 811 capital advance funds on the information provided in the application. HUD Offices will verify a Sponsor's indication of previous HUD approval by checking the project number and approval status with the appropriate HUD Office.

In addition to this relief of paperwork burden in preparing applications, applicants will be able to use information and exhibits previously prepared for prior applications under Section 811, Section 202, or other funding programs. Examples of exhibits that may be readily adapted or amended to decrease the burden of application preparation include, among others, those on previous participation in the Section 202 or Section 811 programs; applicant experience in the provision of housing and services; supportive services plan; community ties; and experience serving minorities.

(B) General Application Requirements.

NOTE: A SPONSOR MAY APPLY FOR A SCATTERED SITE PROJECT IN ONE APPLICATION.

(1) Form HUD-92016-CA, Application for Section 811 Supportive Housing Capital Advance.

(2) Evidence of each Sponsor's legal status as a nonprofit organization, including the following:

(a) Articles of Incorporation, constitution, or other organizational documents;

(b) By-laws;

(c) IRS section 501(c) (3) tax exemption ruling (this must be submitted by all Sponsors, including churches).

NOTE: SPONSORS WHO HAVE RECEIVED A SECTION 811 FUND RESERVATION WITHIN THE LAST THREE FUNDING CYCLES ARE NOT REQUIRED TO SUBMIT THE DOCUMENTS DESCRIBED IN (a) , (b) , and (c) , ABOVE. INSTEAD, SPONSORS MUST SUBMIT THE PROJECT NUMBER OF THE LATEST APPLICATION SUBMITTED AND THE HUD OFFICE TO WHICH IT WAS SUBMITTED. IF THERE HAVE BEEN ANY MODIFICATIONS OR ADDITIONS TO THE SUBJECT DOCUMENTS, INDICATE SUCH, AND SUBMIT THE NEW MATERIAL.

(d) The number of people on the Sponsor's board and the number of those people who have disabilities (including disabilities similar to those of the prospective residents).

(3) Sponsor's purpose, community ties, and experience, including the following:

(a) A description of Sponsor's purpose, current activities and how long it has been in existence;

(b) A description of Sponsor's ties to the community at large and to the minority and disabled communities in particular;

(c) A description of local government support (including financial assistance, donation of land, provision of services, etc.) ;

(d) Letters of support for the Sponsor and for the proposed project from organizations familiar with the housing and supportive services needs of the persons with disabilities that the Sponsor expects to serve in the proposed project;

(e) A description of Sponsor's housing and/or supportive services experience. The description should include any rental housing projects (including integrated housing developments) and/or supportive services facilities sponsored, owned, and operated by the Sponsor, the Sponsor's past or current involvement in any programs other than housing that demonstrates the Sponsor's management capabilities (including financial management) and experience, and the Sponsor's experience in serving persons with disabilities and minorities; and the reasons for receiving any increases in fund reservations for developing and/or operating any previously funded projects.

(f) A description, if applicable, of the Sponsor's efforts to involve persons with disabilities (including minority persons with disabilities and persons with disabilities similar to those of the prospective residents) in the development of the application and in the development and operation of the project.

(g) A description of the steps the Sponsor took to identify and coordinate its application with other organizations to complement and/or support the proposed project as well as the steps it will take, if funded, to share information on solutions and outcomes relative to the development of the proposed project.

(h) A description of the Sponsor's involvement in its community's Consolidated Planning process including:

(i) An identification of the lead/facilitating agency that organizes/administers the process;

(ii) An identification of the Consolidated Plan issue areas in which the Sponsor participates;

(iii) The Sponsor's level of participation in the process, including active involvement in any committees.

If Sponsor is not currently active, describe the specific steps it will take to become active in the Consolidated Planning process. (Consult local HUD Office for the identification of the Consolidated Plan community process for the appropriate area.)

(4) Project information including the following:

(a) Evidence of need for supportive housing. Such evidence would include a description of the proposed population and evidence demonstrating sustained effective demand for supportive housing for the proposed population in the market area to be served, taking into consideration the occupancy and vacancy conditions in existing comparable subsidized housing for persons with disabilities, State or local needs assessments of persons with disabilities in the area, the types of supportive services arrangements currently available in the area, and the use of such services as evidenced by data from local social service agencies. Also, a description of how information in the community's Analysis of Impediments to Fair Housing Choice was used in documenting the need for the project.

(b) A description of how the proposed project will benefit the target population and the community in which it will be located;

(c) A description of the project, including the following:

(i) A narrative description of the building(s) including the number and type of structure(s) , number of bedrooms if group home, number of units with bedroom distribution if independent living units (including condos) , number of residents with disabilities, and any resident staff per structure; an identification of all community spaces, amenities, or features planned for the housing and a description of how the spaces, amenities, or features will be used, and the extent to which they are necessary to accommodate the needs of the proposed residents. If these community spaces, amenities, or features would not comply with the project design and cost standards of � 891.120 and the special project standards of � 891.310, the Sponsor must demonstrate its ability and willingness to contribute both the incremental development cost and continuing operating cost associated with the community spaces, amenities, or features; and a description of how the design of the proposed project will promote the integration of the residents into the surrounding community; and

(ii) A description of whether and how the project will promote energy efficiency, and, if applicable, innovative construction or rehabilitation methods or technologies to be used that will promote efficient construction.

(d) Evidence of control of an approvable site, OR identification of a site for which the Sponsor provides reasonable assurances that it will obtain control within 6 months from the date of fund reservation (if Sponsor is approved for funding).

(5) If the Sponsor has control of the site, it must submit the following information:

(a) Evidence that the Sponsor has entered into a legally binding option agreement (which extends 30 days beyond the end of the current fiscal year and contains a renewal provision so that the option can be renewed for at least an additional six months) to purchase or lease the proposed site; or has a copy of the contract of sale for the site, a deed, long-term leasehold, a request with all supporting documentation, submitted either prior to or with the Application for Capital Advance, for a partial release of a site covered by a mortgage under a HUD program, or other evidence of legal ownership of the site (including properties to be acquired from the FDIC/RTC). The Sponsor must also identify any restrictive covenants, including reverter clauses. In the case of a site to be acquired from a public body, evidence that the public body possesses clear title to the site, and has entered into a legally binding agreement to lease or convey the site to the Sponsor after it receives and accepts a notice of Section 811 capital advance, and identification of any restrictive covenants, including reverter clauses. However, in localities where HUD determines that the time constraints of the funding round will not permit all of the required official actions (e.g., approval of Community Planning Boards) that are necessary to convey publicly-owned sites, a letter in the application from the mayor or director of the appropriate local agency indicating their approval of conveyance of the site contingent upon the necessary approval action is acceptable and may be approved by the HUD Office if it has satisfactory experience with timely conveyance of sites from that public body. In such cases, documentation shall also include a copy of the public body's evidence of ownership and identification of any restrictive covenants, including reverter clauses.

NOTE: A PROPOSED PROJECT SITE MAY NOT BE ACQUIRED OR OPTIONED FROM A GENERAL CONTRACTOR (OR ITS AFFILIATE) THAT WILL CONSTRUCT THE SECTION 811 PROJECT OR FROM ANY OTHER DEVELOPMENT TEAM MEMBER.

(b) Evidence that the project as proposed is permissible under applicable zoning ordinances or regulations, or a statement of the proposed action required to make the proposed project permissible and the basis for belief that the proposed action will be completed successfully before the submission of the firm commitment application (e.g., a summary of the results of any requests for rezoning on land in similar zoning classifications and the time required for such rezoning, the procedures for obtaining special or conditional use permits or preliminary indications of acceptability from zoning bodies, etc.). NOTE: Sponsors should be aware that under certain circumstances the Fair Housing Act requires localities to make reasonable accommodations to their zoning ordinances or regulations in order to offer persons with disabilities an opportunity to live in an area of their choice. If the Sponsor is relying upon a theory of reasonable accommodation to satisfy the zoning requirement, then the Sponsor must clearly articulate the basis for its reasonable accommodation theory.

(c) A narrative topographical and demographic description of the suitability of the site and area as well as a description of the area surrounding the site, the characteristics of the neighborhood, how the site will promote greater housing opportunities for minority persons with disabilities thereby affirmatively furthering fair housing; (NOTE: The applicant can best demonstrate its commitment to affirmatively furthering fair housing by describing how proposed activities will assist the jurisdiction in overcoming impediments to fair housing choice identified in the applicable jurisdiction's Analysis of Impediments (AI) to Fair Housing Choice, which is a component of the jurisdiction's Consolidated Plan, or any other planning document that addresses fair housing issues. The applicable Consolidated Plan and AI may be the Community's, the County's, or the State's, to which input should have been provided by the local community and its agencies. Alternatively, a document may be used which was previously prepared by a local planning, or similar, organization which addresses Fair Housing issues and remedies to barriers to Fair Housing in the community. Applicable impediments could include the need for improved housing quality and services and concomitant expanded housing choice for all persons with disabilities.

(d) A statement that the Sponsor is willing to seek a different site if the preferred site is unapprovable and that site control will be obtained within six months of notification of fund reservation;

(e) A map showing the location of the site and the racial composition of the neighborhood, with the area of racial concentration delineated;

(f) A Phase I Environmental Site Assessment, in accordance with the American Society for Testing and Material (ASTM) Standards E 1527-93, as amended. Since the Phase I study must be completed and submitted with the application, it is important that the Sponsor start the site assessment process as soon after publication of the SuperNOFA as possible.

If the Phase I study indicates the possible presence of contamination and/or hazards, the Sponsor must decide whether to continue with this site or choose another site. Should the Sponsor choose another site, the same environmental site assessment procedure identified above must be followed for that site. NOTE: For properties to be acquired from the FDIC/RTC, include a copy of the FDIC/RTC prepared Transaction Screen Checklist or Phase I Environmental Site Assessment, and applicable documentation, per the FDIC/RTC Environmental Guidelines.

If the Sponsor chooses to continue with the original site on which the Phase I study indicated contamination or hazards, then it must undertake a detailed Phase II Environmental Site Assessment by an appropriate professional. If the Phase II Assessment reveals site contamination, the extent of the contamination and a plan for clean-up of the site must be submitted to the local HUD Office. The plan for clean-up must include a contract for remediation of the problem(s) and an approval letter from the applicable Federal, State, and/or local agency with jurisdiction over the site. In order for the application to be considered for review under this FY 1998 funding competition, this information would have to be submitted to the local HUD Office no later than 30 days after the application submission deadline date. NOTE: THIS COULD BE AN EXPENSIVE UNDERTAKING. THE COST OF ANY CLEAN-UP AND/OR REMEDIATION MUST BE BORNE BY THE SPONSOR.

(g) A letter from the State Historic Preservation Officer indicating whether the proposed site(s) has any historical significance. If the Sponsor cannot obtain a letter from the SHPO due to the SHPO not responding to the Sponsor's request or the SHPO responding that it cannot or will not comply with the requirement, the Sponsor must submit the following: 1) a letter indicating that it attempted to get the required letter from the SHPO but that the SHPO either had not responded to the Sponsor's request or would not honor or recognize the Sponsor's request; 2) a copy of the Sponsor's letter to the SHPO requesting the required letter; and, 3) a copy of the SHPO's response, if available.

(h) If an exception to the project size limits found in Section IV(D) below, of this program section of the SuperNOFA is being requested, describe why the site was selected and demonstrate the following:

(i) People with disabilities similar to those of the prospective tenants have indicated their acceptance or preference to live in housing with as many units/people as proposed for the project;

(ii) The increased number of people is necessary for the economic feasibility of the project;

(iii) The project is compatible with other residential development and the population density of the area in which the project is to be located;

(iv) The increased number of people will not prohibit their successful integration into the community;

(v) The project is marketable in the community;

(vi) The size of the project is consistent with State and/or local policies governing similar housing for the proposed population; and

(vii) A statement that the Sponsor is willing to have its application processed at the project size limit should HUD not approve the exception.

(6) If the Sponsor has identified a site, but does not have it under control, it must submit the following information:

(a) A description of the location of the site, including its street address, its unit number (if condominium) , neighborhood/community characteristics (to include racial and ethnic data) , amenities, adjacent housing and/or facilities, and how the site will promote greater housing opportunities for minority persons with disabilities thereby affirmatively furthering fair housing;

(b) A description of the activities undertaken to identify the site, as well as what actions must be taken to obtain control of the site, if approved for funding;

(c) An indication as to whether the site is properly zoned. If it is not, an indication of the actions necessary for proper zoning and whether these can be accomplished within six months of fund reservation award, if approved for funding;

(d) A status of the sale of the site; and

(e) An indication as to whether the site would involve relocation.

(7) A supportive services plan (a copy of which must be sent to the appropriate State or local agency as instructed in Section IV(C) below of this program section of the SuperNOFA) that includes:

(a) A detailed description of whether the housing is expected to serve persons with physical disabilities, developmental disabilities, chronic mental illness or any combination of the three. Include how and from whom/where persons will be referred to and accepted for occupancy in the project. The Sponsor may, with the approval of the Secretary, limit occupancy within housing developed under this program section of the SuperNOFA to persons with disabilities who have similar disabilities and require a similar set of supportive services in a supportive housing environment. However, the Owner must permit occupancy by any qualified person with a disability who could benefit from the housing and/or services provided, regardless of the person's disability.

(b) If the Sponsor is requesting approval to limit occupancy in its proposed project(s) , it must submit the following:

(i) A description of the population of persons with disabilities to which occupancy will be limited;

(ii) An explanation of why it is necessary to limit occupancy of the proposed project(s) to the population described in (i) above. This should include but is not limited to:

(1) An explanation of how limiting occupancy to a subcategory of persons with disabilities promotes the goals of the Section 811 program; and,

(2) An explanation of why the housing and/or service needs of this population cannot be met in a more integrated setting.

(iii) A description of the Sponsor's experience in providing housing and/or supportive services to the proposed occupants; and

(iv) A description of how the Sponsor will ensure that the occupants of the proposed project(s) will be integrated into the neighborhood and surrounding community.

(8) A detailed description of the supportive service needs of the persons with disabilities that the housing is expected to serve.

(9) The Sponsor shall develop, and submit with its application, a list of community service providers, including those that are consumer controlled, and include letters of intent to provide services to residents of the proposed project(s) from as many potential service providers as possible. This list shall be made available to any residents who wish to be responsible for acquiring their own supportive services. However, a provider may not require residents to participate in any particular service.

(10) A detailed description of a comprehensive supportive services plan organized by the Sponsor for those residents who do not wish to take responsibility for acquiring their own services. Such a plan must include the following:

(a) The name(s) of the agency(s) that will be responsible for providing the supportive services;

(b) The evidence of each service provider's (applicable even if the service provider will be the Sponsor) capability and experience in providing such supportive services;

(c) A description of how, when, how often, and where (on/off-site) the services will be provided;

(d) Identification of the extent of State and local funds to assist in the provision of supportive services;

(e) Letters of intent from service providers (including those that are consumer-controlled) or funding sources, indicating commitments to fund or to provide the supportive services, or that a particular service will be available to proposed residents. If the Sponsor will be providing any supportive services or will be coordinating the provision of any of the supportive services, a letter indicating its commitment to either provide the supportive services or ensure their provision for the life of the project;

(f) If any State or local government funds will be provided, a description of the State or local agency's philosophy/policy concerning housing for the population to be served, and a demonstration by the Sponsor that the application is consistent with State or local plans and policies governing the development and operation of housing for the same disabled population.

(g) A description of residential staff, if needed.

(h) Assurances that if any proposed resident chooses to receive supportive services organized by the Sponsor, the services will be provided based on the resident's individual needs.

(i) A statement indicating the Sponsor's commitment that it will not condition occupancy on the resident's acceptance of any supportive services.

(11) A list of the applications, if any, the Sponsor has submitted or is planning to submit to any other HUD Office in response to this Section 811 funding announcement under this SuperNOFA or announcement for funding under this SuperNOFA of the Section 202 program of Supportive Housing for the Elderly. Indicate, by HUD Office, the number of units requested and the proposed location by city and State for each application. Include a list of all FY 1997 and prior year projects to which the Sponsor(s) is a party, identified by project number and HUD Office, which have not been finally closed.

(12) A statement that: (a) identifies all persons (families, individuals, businesses, and nonprofit organizations) by race/minority group and status as owners or tenants occupying the property on the date of submission of the application for a capital advance; (b) indicates the estimated cost of relocation payments and other services; (c) identifies the staff organization that will carry out the relocation activities; and (d) identifies all persons that have moved from the site within the last 12 months. (This requirement applies to applications with site control only. Sponsors of applications with identified sites that are selected will be required to submit this information at a later date once they have obtained site control.)

NOTE: IF ANY OF THE RELOCATION COSTS WILL BE FUNDED FROM SOURCES OTHER THAN THE SECTION 811 CAPITAL ADVANCE, THE SPONSOR MUST PROVIDE EVIDENCE OF A FIRM COMMITMENT OF THESE FUNDS. WHEN EVALUATING APPLICATIONS, HUD WILL CONSIDER THE TOTAL COST OF PROPOSALS (i.e., COST OF SITE ACQUISITION, RELOCATION, CONSTRUCTION AND OTHER PROJECT COSTS).

V. Environmental Requirements.

All Section 811 assistance is subject to the National Environmental Policy Act of 1969 and applicable related Federal environmental authorities. The environmental review provisions of the Section 811 program regulations are in 24 CFR 891.155(b).

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