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HUD Notices

HUD Notice of Funding Availability

HUD 202 / 811 Handbooks

1

Legal Issues (cont’d)Legal Issues (cont’d)

Where to find all this information ?

HUDCLIPS: www.hud.govclick “RESOURCES” click “HUD Handbooks, Forms, Publications”click “Access HUDCILPS”

United States Code: http://www.law.cornell.edu/uscode/

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Who can be a sponsor of a 202 and 811 project ?

5 PRONG TEST

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Legal issues (cont’d)Legal issues (cont’d)

1)202: must have 501(c)(3) or 501(c)(4)

811: must be 501(c)(3)

2) No part of the net earnings of which inures to the benefit of any member, founder, contributor or individual

3) Must not be controlled by, or under the direction of, persons or firms seeking to derive profit or gain therefrom

4) Must have a governing board

5) approved by HUD as to administrative and financial responsibility

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202 Sponsor:

cannot be a public body or instrumentality of a public body

can be a consumer cooperative

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EXHIBIT 2: LEGAL STATUS

(a)Articles of Incorporation, Constitution or other organizational documents

(b) By-laws

(c) IRS tax exemption

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EXHIBIT 2: Legal Status

Co-sponsors

Begin and End dates

IRS Tax Exemption Ruling

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Exhibit 2: What is Legal Review looking for?

Whether sponsor has the legal authority to sponsor the project, to assist the owner and to apply for the capital advance.

Whether there are inconsistencies between sponsor’s legal documents and HUD’s statutory, regulatory and NOFA requirements.

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Legal Issues (cont’d)Legal Issues (cont’d)EXHIBIT 2: Legal Status

There must be language in the legal documents stating no part of the sponsor’s net earnings inures to the benefit of any private party

Nothing in the by-laws, sponsor’s organizational or legal documents can conflict with this requirement

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EXHIBIT 2: Legal Status

“Self-dealing” provisions in by-laws problematic

No cure for “self-dealing”

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Exhibit 4(d): Site Control

There have been no changes to the site control

requirements.

202 vs. 811

202: No site control results in rejection811: No site control placed in Category B

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Deed or long-term leasehold

Contract of sale

Option to purchase or for a long-term leasehold

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Site covered by a HUD mortgage

Sites acquired from a public body

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FY2009 Section 202 FY2009 Section 202 Allocation FormulaAllocation Formula

One-person Very Low-Income Renter Households with one person Very Low-Income Age 62+ With Housing Conditions

Incomes at or below the 1 person Section

8 Income Limit (Very Low-Income Limit)

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FY2009 Section 202 FY2009 Section 202 Allocation Formula (cont’d)Allocation Formula (cont’d)With Housing Conditions:

- Living in a unit lacking plumbing

or kitchen facilities - Overcrowded - Excess Rent Burden: more than

30% of income for rent

Data Source: 2000 Census Special Tabulations of Households

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FY2009 Section 202 FY2009 Section 202 Allocation Formula (cont’d)Allocation Formula (cont’d)

Each HUD Office jurisdiction is allocated funds for a metropolitan share and a non-metropolitan share.

For FY09, each jurisdiction receives sufficient capital advance funds for a minimum of 20 units in the metro portion and 5 units in the non-metro portion.

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FY2009 Section 202FY2009 Section 202Evidence of NeedEvidence of Need

Sponsor’s evidence of need should include:

Estimate of demandMarket conditions in existing supply

(Public Housing, RHS, LIHTC, Sec. 8, & 202)

Assisted housing under construction17

FY2009 Section 202FY2009 Section 202Evidence of Possible Lack of Evidence of Possible Lack of

DemandDemand

Projected long-term decline in age-cohorts for target population

Slow absorption in newer unitsPersistently high vacanciesWidespread use of age-waiversEvidence of new projects filling at the

expense of existing ones

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FY2009 Section 202FY2009 Section 202EMAD Points Awarded for EMAD Points Awarded for

Market NeedMarket Need

Only projects in market areas with sufficient demand will be rated

Projects will receive 10, 5, or 0 points based upon the unmet need and unmet needs ratio: project units as a percent of the unmet need

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FY2009 Section 202FY2009 Section 202EMAD EMAD PointsPoints Awarded for Awarded for

Market NeedMarket NeedUnmet need is the number of one-person renters

age 75 with very-low incomes and with housing conditions, minus any rental assistance provided since 2000

If the unmet need is positive, rating based on unmet needs ratio:

15 percent or less – 10 points Greater than 15 percent – 5 points

If the unmet need is 0 or negative – 0 points

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FY2009 Section 811FY2009 Section 811

EMAD will not conduct market reviews of Section 811 applications and will not assign rating points

EMAD will provide assistance to the field Housing staff in cases where there is a concern about market conditions

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FY2009 Section 202FY2009 Section 202Special Tabulations of Households for 1990

and 2000

http://www.huduser.org/datasets/ spectabs.html

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Questions?Questions?

Please contact your local field economist with any questions regarding the data, metropolitan definitions, or evidence of need.

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OverviewOverviewFair Housing/Civil Rights Matters Fair Housing/Civil Rights Matters

Civil Rights Threshold ReviewRating Factor 1.b.(1)Rating Factor 1.b.(2)Rating Factor 3.c. – Section 811 3.b. – Section 202Rating Factor

3.l.(1) and (2) – Section 8113.k.(1) and (2) – Section 202

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Overview (cont’d)Overview (cont’d)

Rating Factor 2.b.Rating Factors:

3.g. – Section 811 3.i. – Section 202

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Civil Rights Threshold ReviewCivil Rights Threshold Review

Section III.C.2.c. of the General Section of the NOFA

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Rating Factor 1.b.(1)Rating Factor 1.b.(1)

Scope, extent, and quality of your experience in providing housing or related services to minority persons or minority families

Worth a maximum of five (5) points

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Significant Previous ExperienceSignificant Previous Experience

The percentage of minorities being provided housing or services in the applicant’s current projects are equal to or greater than the percentage of minorities in the housing market area where the housing or services are provided

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Rating Factor 1.b.(2)Rating Factor 1.b.(2)

The scope, extent, and quality of relationships overtime with minority communities

Worth a maximum of two points

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Rating Factor Rating Factor 3.c.–811 & 3.b.– 2023.c.–811 & 3.b.– 202

The suitability of the site in providing greater housing choice to minorities and persons with disabilities and affirmatively furthering fair housing

Worth a maximum of 8 points for Section 811

9 points for Section 202

24 CFR 891.125(b) and (c)30

How to meet Rating Factor 3.c.How to meet Rating Factor 3.c.

For non-minority neighborhood

For minority neighborhood

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Rating Factor Rating Factor 3.l.(1) and (2) for Section 8113.l.(1) and (2) for Section 811 3.k.(1) and (2) for Section 202 3.k.(1) and (2) for Section 202

The number of jobs createdThe type and amount of contracts

generatedHow Section 3 residents and businesses

will be targeted for these opportunities

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Rating Factor 2.bRating Factor 2.b

Connection between the project and the community’s planning document that analyzes fair housing issues

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Rating Factors Rating Factors 3.g. – Section 8113.g. – Section 8113.i. – Section 2023.i. – Section 202

The inclusion of the target population in the development and implementation of the project

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Contact InformationContact Information

[email protected](202) 402-7008

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SITE SELECTION AND SITE SELECTION AND THE ENVIRONMENTAL THE ENVIRONMENTAL

REVIEW PROCESSREVIEW PROCESS

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GeneralGeneral

Timing of environmental review811s with site control & 202s at

application processing stage811s approved as Category B or changed

site for approved grant prior to issuance of FIRMSame environmental requirements as

at time of SuperNOFA

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General (cont’d)General (cont’d)

202/811 Sponsors and HUD are partners

And HUD wants Sponsors to:

Find a site with no concerns/easily resolvable concerns, especially

Toxic HazardsHistoric PreservationFloodplain or Wetland

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HUD wants Sponsors to provide certain information to HUD:

◦ Phase I ESA◦ Comprehensive Asbestos building survey

when pre-1978 structures (other than just 1-4 units; technical correction for 811)

◦ Historic Preservation◦ Other information as requested

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HUD appraiser will perform environmental review based on

Sponsor provided informationResearchLegwork

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Curable DeficienciesCurable Deficiencies

Phase I ESA

Comprehensive Asbestos Bldg Survey or no- pre 1978 Structure, or only 1-4 units on site Statement

Historic PreservationLetter to SHPOSHPO response or statement of no SHPO

response

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Hazard Identification and Hazard Identification and RemediationRemediation

Phase I Environmental Site Assessment (ESA) Must use ASTM 1527-05, as amended

Required on all 202 projects and Section 811 projects with site control

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Hazard Identification & Hazard Identification & Remediation (cont’d)Remediation (cont’d)

Phase I ESA (cont’d)Timing

Prepared within 1-year of application due date (NEW)202 - After: 11.13.08

811 - After: 11.16.08

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Phase I ESA Timing (cont’d).Phase I ESA Timing (cont’d).

And also, if prepared more than 180 days from application due dates must be updated per ASTM

ASTM E 1527-05, Section 4.6202 - If older than 5.17.09811 - If older than 5.20.09

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Phase I ESA (cont’d)

Report format/Table of Contents per Appendix X4 of 1527-05

Findings, Opinions, Conclusions (NEW) ASTM E 1527-05: Sections 12.5, 12.6, 12.8,

respectively

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Phase I ESA (cont’d)Technical Reject

If use earlier version of 1527Failure to use Appendix X4Failure to use Sections 12.5, 12.6, 12.8Older than 1-yearIf update required by 180 day exceedance: Not

updated, or not updated correctly

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If Phase I indicates possible presence of contamination and/or hazards, i.e. RECs Phase II required if Sponsor opts to continue

with site Phase II must indicate total extent of hazards Must be received by 12.14.9 and 12.16.9 for

202 and 811, respectively

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If Phase II indicates hazards, the following must be received by HUD by 12.14.9 and 12.16.9 for 202 and 811, respectivelyContract for Remediation, andRemediation Plan approved by local/State/Federal

gov’t

Remediation at Sponsor’s expense

After remediation, must be clean to non-site specific standards: no capping, monitoring wells, etc.

49


Groundwater exception to clean siteAll contamination in Groundwater at least 25

feet below surfaceNo groundwater use in area or active water

supply wells on site

Remediation able to be completed prior to Initial ClosingAll passive and active remediation

completed Monitoring wells closed out

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Comprehensive Building Comprehensive Building Asbestos SurveyAsbestos Survey

Not required if sponsor statement that no Pre-1978 structures or only 1-4 units residential on site

Must be a thorough inspection throughout structures

Asbestos screen not acceptable

Friable or affected by rehabilitation/demolition – abate

Other asbestos: O&M plan

Abatement allowable cost to limit of Capital Advance

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Choosing an Environmentally Choosing an Environmentally “Safe” Site“Safe” Site

Accessed through WEB page of 202/811 SuperNOFA

Discusses Phase I ESAs, especially for 202/811 programs

Special discussions on

Toxic & hazardous substancesUSTsAsbestosLBP

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Choosing an Environmentally “Safe” Choosing an Environmentally “Safe” SiteSite

Supplemental GuidanceSupplemental Guidance

Accessed through WEB page of

202/811 SuperNOFA

Discusses manmade hazards as well as items that HUD may look at during environmental review

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Choosing an Environmentally Choosing an Environmentally “Safe” Site“Safe” Site

Supplemental Guidance (Supplemental Guidance (cont’d)cont’d)

Natural Resources

Manmade Hazards

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HUD Form 4128HUD Form 4128

Used to record environmental review

HUD appraiser performs site visit and records results on the “Sample Field Notes Checklist”

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HUD Form 4128HUD Form 4128 (cont’d) (cont’d)

HUD may request additional environmental information with type of information found on 4128 and Sample Field Notes Checklist

WEB address listed in the SuperNOFA as http://www.hud.gov/utilities/intercept.cfm?/offices/cpd/energyenviron/environment/compliance/forms/4128.pdf

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testtestTest

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testtestTest

◦Test test

◦Test test

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testtest

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HUD Form 4128HUD Form 4128, contd., contd.

HUD appraiser completes during Technical processing

If cannot be completed during technical processing due to complexity202: Rejected and not rated/ranked811: Placed in Category B for selection

purposes

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HUD Form 4128 ConclusionsHUD Form 4128 Conclusions

Acceptable as submittedAcceptable with conditions & safeguards

placed on approval documentsNot acceptable, then

202: Projects rejected and not rated/ranked811: Placed in Category B for selection

purposes

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Biological Assessment Biological Assessment RequirementRequirement

A biological assessment (BA) will be required for all Western Washington sites

Without one, HUD staff will not be able to schedule a consultation with the USMF and USFW

If one is not submitted with the application or soon thereafter, there will not be enough time to complete the 4128 process

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Historic PreservationHistoric Preservation

SHPOLetter to SHPO/THPO (on tribal land)Response

If no responseSponsor statement indicating that it

attempted, but SHPO/THPO did not respond

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Historic Preservation Historic Preservation (cont’d)(cont’d)

Sample letter to SHPO/THPO

Accessed through HUD WEB page of 202/811 SuperNOFA

Developed by HUD HPOIncludes all information necessary for SHPO/

THPO to provide commentAllows for dual response to sponsor & HUDSome Field Offices might have other sample

letters

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If no or incomplete response HUD will then initiate process

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NRHP or no NRHP properties (National Register of Historic Places)

If NRHP - Effect or No EffectIf Effect – Not Adverse or AdverseIf Adverse –MOA (Memorandum of Agreement) tomitigate adverse effects or Failure to

AgreeprocessCan be a long process

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If not sufficient time to complete all above steps of historic preservation process during technical processing

202: Reject811: Placed in Category B for selection

purposes

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If HUD possesses knowledge that a site might have Religious or Cultural Significance to Indian tribe or Native Hawaiian Organization HUD will request their comments

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HUD Historic Preservation HUD Historic Preservation Archeological Policy Archeological Policy HUD rarely requires even if requested

by SHPO

HUD HP fact sheet 6 REVISEDhttp://www.hud.gov/offices/cpd/environment/

review/hpfactsheet06.pdf

Proposed or adjacent site already determined eligible/listed

Preliminary site work (e.g. previous surveys or predictive models) has established eligibility

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Floodplains and WetlandsFloodplains and Wetlands

HUD cannot approve sites in FEMA 100-year floodplain in non-participating or suspended jurisdictions

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Floodplains and Wetlands Floodplains and Wetlands (cont’d)(cont’d)Sponsors should try to select sites

out of

100-year floodplain500-year floodplain for critical actions:

special care; i.e..., not independent living projects

Wetlands

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Floodplains and Wetlands Floodplains and Wetlands (cont’d)(cont’d)

HUD Processing at application stage

if known practicable alternatives202 – Reject811- Placed in Category B for selection purposes

if not sure that practicable alternatives must complete first 6 steps of 8-step process

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If not sufficient time to complete first six steps during technical processing202: Reject811: Placed in Category B for

selection purposes

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For new construction projects deemed acceptable

based on no practicable alternatives, condition on

approval documents

CLOMA/CLOMR prior to firmFLOMA/FLOMR prior to final closingFlood insurance during construction

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CPD’s Role in 202/811 CPD’s Role in 202/811 Application ReviewsApplication Reviews

Three areas of review:

1) Acquisition and Relocation

2) Certification of Consistency with the Consolidated Plan

3) RC/EZ/EC-II Bonus Points

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Acquisition and RelocationAcquisition and Relocation

Applicants must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA or Uniform Act)

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The Uniform Act Covers:The Uniform Act Covers:

The acquisition of real property(with or without existing structures)

The permanent and involuntary displacement, or temporary relocation, of both residential and non-residential persons

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Acquisition Exception… Acquisition Exception… Sponsors are exempt from complying with Subpart B (sections 24.102-24.108) of the Uniform Act only if an identified site can be acquired “voluntarily” in accordance with Sec. 24.101 of Subpart B

A failure to comply with 24.101 can trigger the requirements of Subpart B (sections 24.102-24.108)

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The “Voluntary” ProcessThe “Voluntary” Process[49 CFR 24.101][49 CFR 24.101]

The buyer is required to inform the Seller, prior to executing an agreement to purchase,

That it does not have the power of eminent domain and, it will not be able to buy the property if negotiations fail to result in an amicable agreement

Of the Sponsor’s estimate of fair market value of the property to be acquired

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Estimating Fair Market Value Estimating Fair Market Value (FMV)(FMV)

An appraisal is not required by the URA to establish the FMV of a property, but the acquiring agency’s acquisition file must include an explanation, with reasonable evidence, of the basis for the estimate

If the negotiated price is above the estimate of FMV, it’s best that the above-value difference be paid with non-federal funds

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Application Instructions – Application Instructions – Acquisition (Exhibit 4)Acquisition (Exhibit 4)

Applications must include evidence of compliance with the “voluntary” acquisition requirements of the URA, i.e., the Seller was advised:

That the Sponsor does not have the power of eminent domain and that it will not be able to buy the property if negotiations fail to result in an amicable agreement

Of the Sponsor’s estimate of fair market value of the property to be acquired

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Exhibit 4 InstructionsExhibit 4 Instructions (cont’d)(cont’d)

HUD requires that the Seller must be offered the right to withdraw from any written purchase agreement if, before that agreement was executed, the Seller was not advised that the acquisition is “voluntary” in nature, and informed of the Sponsor’s estimate of FMV of the property to be acquired.

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Exhibit 4 InstructionsExhibit 4 Instructions (cont’d)(cont’d)

If it was necessary that the Sponsor offer the Seller an opportunity to withdraw (in accordance with HUD’s corrective action instructions), the Sponsor is encouraged to include such document(s)

Inclusion of such documents can help affirm to HUD that the Sponsor’s “firm commitment” is valid in respect to the “voluntary” acquisition requirements found at 49 CFR 24.101

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Projects Involving Projects Involving RelocationRelocationOwner Occupants – Owner occupants

who sell their property voluntarily are not entitled to displacement assistance

Residential and Non-residential Tenants – All displaced tenants are entitled to displacement assistance, as required by the URA

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Relocation PlanningRelocation PlanningNonresidential Planning

◦Personal interview required [§24.205(c)(2)(i)] Site requirements Outside specialists Personalty/realty issues Time required to vacate Site availability Advance payment needs

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Relocation PlanningRelocation Planning

Residential Tenant PlanningResidential Tenant Survey

Determine Household Income Estimate Monthly Housing Cost

Average Monthly UtilitiesMonthly Lease or Rent Amount

Identify Special NeedsDetermine Replacement Housing NeedsEstimate Cost of Replacement Housing

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Relocation PlanningRelocation PlanningPrepare Relocation Budget Estimate

Non-residential move/reestablishment cost (personal interview)

Residential move cost (FHWA’s Fixed Move Schedule)

Residential housing cost increase for 42-month periodCompare: Lesser of household’s ability to

pay (if low income) vs. monthly housing cost paid at displacement unit

With: Estimated monthly housing cost of a comparable unit that is in decent, safe, and sanitary condition

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Required Relocation Required Relocation NoticesNoticesIssue General Information Notices

(GIN)

Each GIN must include advisory services such as that outlined in HUD’s brochure “Relocation Assistance to Tenants Displaced From Their Homes”

All GINs should be issued at the date the application is submitted

A receipt is required to document delivery of a GIN

89

Relocation GuidanceRelocation GuidanceRelocation can be both:

CostlyComplex

Sponsors may wish to call HUD’s Office of CPD for relocation guidance before entering into a purchase agreement

URA guidance for HUD’s programs can also be found at www.hud.gov/relocation

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Application Instructions – Application Instructions – Relocation (Exhibit 7)Relocation (Exhibit 7)

If applicable, indicate that no relocation will occur and why (e.g., property is vacant land, or property was unoccupied and no persons were made to move for the project).

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Exhibit 7 Instructions (cont’d)Exhibit 7 Instructions (cont’d)

Identifies all persons (families) individuals, businesses, and non-profit 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.

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Indicates the estimated cost of relocation payments and other services and the basis for the estimate

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Indicates the source of funds to be used to pay relocation costs. (You must provide evidence of firm commitment if relocation costs will be funded from sources other than 202/811 capital advance.)

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Identifies the staff or organization that will carry out the relocation activities

Identifies all persons who were made to move from the site within the past 12 months and explain reason for such moves

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Indicates that all persons occupying the site have been issued the appropriate General Information Notice and advisory services information, receipt required, either at the time the option to acquire the property is executed, or at the time the application is submitted.

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NOTE: When evaluating applications, HUD will consider the total cost of proposals (i.e., cost of site acquisition, relocation, construction and other project costs).

97

Achieving Results andAchieving Results andProgram EvaluationProgram Evaluation

Certification of Consistency With The

Consolidated PlanExhibit 8 (e)

RC/EZ/EC–II Strategic Plan {2 Bonus Points}Exhibit 8 (h)

98

Exhibit 8(e) Exhibit 8(e) [Form HUD–2991][Form HUD–2991]

Form HUD–2991 is a required formThe “Certification of Consistency with the

Consolidated Plan” must be completed and submitted with your application, in order to comply with the submission instructions

This Exhibit requires the name, title, and signature of the authorized certifying official

99


Who is the “certifying official?”

The certifying official of the jurisdiction is the person authorized to sign on behalf of the entitlement grantee

100


The local HUD Office of Community Planning and Development (CPD) can provide a list of names and phone numbers of the contact persons for the respective Entitlement grantee

Sponsors should contact the local State office responsible for HUD program grants and compliance to determine who to contact for those areas not located in Entitlement communities (i.e., rural areas)

101

2 Bonus Points for Projects 2 Bonus Points for Projects Located in a RC/EZ/EC–IILocated in a RC/EZ/EC–II 2 bonus points are

available for projects that are located in a RC/EZ/EC–II

Form HUD–2990 (Exhibit 8(h)) must be submitted to earn these bonus points

102

Exhibit 8 (h) Exhibit 8 (h) [Form HUD–2990][Form HUD–2990]

Form HUD-2990 is NOT a required form

Only Sponsors who have projects located within a RC/EZ/EC–II area should complete and submit this form

Only if the form is properly completed and submitted can the 2 bonus points be earned

103


For projects in a RC/EZ/EC–II, this form will:

Certify that the proposed activities are consistent with the strategic plan of a federally designated RC/EZ/EC–II

Certify that the proposed activities will be located within the RC/EZ/EC–II

104


This form requires the name, title, and signature of the authorized certifying official

Who is the “certifying official?”The official authorized to certify that the project is in compliance with the RC/EZ/EC–II strategic plan, is located in an RC/EZ/EC–II, and serves the residents located in the RC/EZ/EC–II area

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Sponsors who wish to determine if their site is located within an RC/EZ/EC–II area, or who need to determine who the contact person is for a specific RC/EZ/EC–II, may go online to HUD’s Address Locator at www.hud.gov/crlocator

106


From this web site, a sponsor can “link” to the two following web sites to obtain general information on RC/EZ/EC–II programs:Renewal Communities and Urban EZ/ECs

administered by the U.S. Dept. of Housing and Urban Development www.hud.gov/cr

Rural EZ/EC–IIs administered by the U.S. Dept. of Agriculture www.ezec.gov

107


While this online tool can help verify if a particular location is eligible for the tax incentives offered in RC/EZ/EC–II areas, it should be noted that this web site lists both the current and past designations in the designation history

108

Questions Regarding the Questions Regarding the URAURAAcquisition and Relocation

GuidanceContact the local HUD Office of Community Planning and Development, or a Regional Relocation Specialist (RRS)

To find the RRS for your area, visit HUD’s web site at www.hud.gov/relocation

109

Questions on RC/EZ/EC–II Questions on RC/EZ/EC–II DesignationsDesignations

Information on HUD’s RC/EZs

Contact the local HUD Office of Community Planning and Development

110

Common MistakesCommon Mistakes

Failure to read the General Section and the Program NOFA THOROUGHLY

Failure to obtain a DUNS No. & Register early

If HUD waiver given to submit paper application submitting less than original + 4 copies

111

Common Mistakes (cont’d)Common Mistakes (cont’d)

Submitting an application without having the appropriate IRS tax exemption because the IRS is still processing your request

Submitting an application with no organizational experience (eg., newly formed and no experienced Co-Sponsor)

112


Failure to submit the electronic application in accordance with the requirements detailed in the General Section

Failure to submit all of the required exhibits

113


Failure to properly label faxed and/or scanned exhibits

Not using the compatible version of Adobe Reader

Not allowing for sufficient time to electronically submit your application

114


You have outstanding delinquent Federal debt with no approved workout plan for repayment prior to deadline

Failure to submit your appl. to State Point of Contact (SPOC), if required, by deadline date

115


Failure to meet application deadline

Failure to submit a Phase I (no substitutions) completed within last 12 months for 202s and 811s with site controlYour application will be rejected if a 202 or

downgraded to site identified if an 811

116


For previous fund reservations that went to initial closing after 24, 36 or 48 months:Reasons were not provided for delayNo indication as to whether

amendment $ was needed

117

Common Mistakes Common Mistakes (cont’d)(cont’d)

For 202, failure to have site control or submitting control of a poor site

For 202s and 811s with site control, the site control failed to meet minimum requirements (e.g., no reverters, etc., option must extend beyond 6 months from application deadline and be renewable)

118

Common Mistakes Common Mistakes (cont’d)(cont’d)

For 202, proposing to develop a licensed assisted living facility

Proposing independent living units with shared bathrooms and kitchens – each must have a separate bathroom and kitchen

119


Proposing a 202 scattered site project with less than 5 units per site

Site not properly zoned and no indication of likelihood that zoning will be changed

120


For an 811 proposing a group home exceeding 6 residents

Requesting more units than allocated to the applicable HUD Office

(For 202, this applies to metro and non-metro categories separately)

121

Questions?Questions?

122

Legal Authorities

Documents