hud capital fund 2023hud capital fund 2023

Any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment in connection with a public housing project. The availability of public transportation must be considered. (2) Modernization. Please do not provide confidential in 2023, contingent upon HUD's approval of its disposition application. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Units that received replacement housing funding in FFY 1999 will be treated as if they had received one year of replacement housing funding as of FFY 2000. These reports shall be retained on file for all grants for which a final Actual Modernization Cost Certificate (AMCC) or an Actual Development Cost Certificate (ADCC) has not been submitted. Pursuant to 42 U.S.C. The PHA designs a project on a property it owns. ACC Amendment. (Equation coefficient: 564.0); (H) The PHA is located in the Western census region, as defined by the Census Bureau. It is not an official legal edition of the Federal and implementing regulations at 28 CFR part 35; and, if applicable, the Fair Housing Act (42 U.S.C. (3) For New York City and Chicago Housing Authorities, based on a large sample of direct inspections. A PHA must provide sufficient information for HUD to determine that dwelling units and other public housing facilities meet accessibility requirements specified at 905.312 of this part, including, but not limited to, the number, location, and bedroom size distribution of accessible dwelling units (see 24 CFR 8.32 and 24 CFR part 40). (9) Displacement, relocation, and real property acquisition. Additional project costs are not subject to the TDC limit. 3545). After the PHA submits the documentation required under paragraph (a) of this section, HUD or its designee (e.g., the State Housing Finance Agency) shall carry out a subsidy layering analysis, pursuant to section 102(d) of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. Work associated with the use of financing proceeds will be reported separately in a form and manner prescribed by HUD; or. (a) All requests for HUD approval of CFFP transactions shall be submitted to the Office of Public and Indian Housing (PIH), Attention: Office of Capital Improvements, in such form and in such number of copies as designated by PIH through direct notice. (2) When applied. An identification and description of the proposed site and neighborhood, a site plan, and a map of the neighborhood. the material on FederalRegister.gov is accurately displayed, consistent with (2) Term sheet, table of contents, and contact information. However, if the PHA is no longer able to provide operating subsidies to the Owner Entity pursuant to Section 9(e) of the 1937 Act, the PHA may (on behalf of the Owner Entity) request that HUD terminate the Declaration of Trust or Declaration of Restrictive Covenants, as applicable. $100 million for legal assistance to prevent evictions. (2) For the New York City and Chicago Housing Authorities, based on a large sample of direct inspections. Upon completion of the work, the PHA must submit an Actual Modernization Cost Certificate (AMCC) or Actual Development Cost Certificate (ADCC) and a final Performance and Evaluation Report (in accordance with 905.322 of this part) to HUD to close out each Capital Fund grant. HUD notifies each PHA of the amount of the grant and provides a CF ACC Amendment that must be signed by the PHA and executed by HUD in order for the PHA to access the grant. (B) Publish a notice informing the public that the information is available for review and inspection; that a public hearing will take place on the plan; and of the date, time, and location of the hearing. More information about how to access the webinars is available below. /GS0 7 0 R If the amendment or modification is a significant amendment or modification, as defined in paragraph (b)(1)(iii) of this section, the PHA: (1) May not adopt the amendment or modification until the PHA has duly called a meeting of its Board of Commissioners (or similar governing body) and the meeting at which the amendment or modification is adopted, is open to the public; and. To learn more about how to make an accessible telephone call, please visit 3545) (see 24 CFR part 4), to determine that the amount of assistance being provided for the development is not more than necessary to make the assisted activity feasible after taking into account the other governmental assistance. This requirement may be given less consideration for elderly housing. When the PHA provides the actual date of construction completion, HUD will use that date (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. The term public housing includes dwelling units in a mixed-finance project that are assisted by a public housing agency with public housing capital assistance or Operating Fund assistance. The cost certificate is a financial statement subject to audit pursuant to 2 CFR part 200, subpart F. After submission of the cost certificate to HUD, the PHA shall provide the cost certificate to its independent public auditor (IPA) as part of its annual audit. CFFP transactions pledging RHF funds shall include accelerated amortization provisions, requiring all RHF funds received by the PHA to pay debt service as those RHF funds are received. More information and documentation can be found in our HUD will first determine the applicable construction cost guideline by averaging the current construction costs as listed in two nationally recognized residential construction cost indices for publicly bid construction of a good and sound quality for specific bedroom sizes and structure types. The PHA must provide an approved Request for Release of Funds and environmental certification, submitted in accordance with 24 CFR part 58, or approval in accordance with 24 CFR part 50. uuid:14e7f55d-e260-447e-a500-521c2a6d544c The identified items, which shall be quantifiable, shall be the basis on which HUD evaluates a PHA's performance. For purposes of development, ownership of public housing units by an instrumentality would be considered mixed-finance development. As defined in 905.108 of this part. A PHA's formula share of existing modernization need under the CF formula is the PHA's total estimated existing modernization need divided by the total existing modernization need of all PHAs. The Declaration of Restrictive Covenant is a legal instrument that binds the PHA and the Owner Entity to develop mixed-finance projects in compliance with Public Housing Requirements and restricts disposition of the property, including transferring, conveying, assigning, leasing, mortgaging, pledging or otherwise encumbering the property. (2) Require reimbursement from non-HUD sources. The PHA is not required to ensure the availability of funds by enforcing documents to which it is not a party. site when drafting amendatory language for Federal regulations: The proceeds of the Capital Fund financing are subject to all laws, regulations, and other requirements applicable to the use of Capital Fund grants made under 24 CFR part 905, unless otherwise approved by HUD in writing. Only official editions of the (3) Subject to the reasonableness test in 905.505(a)(2), PHAs may exceed 33 percent when pledging existing Capital Fund grants and RHF grants for the payment of debt service. Emergency work. The PHA acquires an existing property that requires substantial, moderate, or no repair. The rooms are of good size, nicely decorated in modern design with a comfortable bed, an armchair, and a desk that comes with an impractical stool instead of an office chair. An agreement, in a form prescribed by HUD, between a PHA and the applicable local governing body or bodies that assures exemption from real and personal property taxes, provides for local support and services for the development and operation of public housing, and provides for PHA payments in lieu of taxes (PILOT). (9) Funds available from any other eligible sources. (2) If the PHA does not submit the cost certificate and the final CFP Annual Statement/Performance and Evaluation Report within the period prescribed in this section, HUD may impose restrictions on open Capital Fund grants; e.g., establish review thresholds, set the grant to auto review (HUD automatically reviews it on a periodic basis), or suspend grants, until the cost certificate for the affected grant is submitted. (a) Purpose. MTW PHAs are to submit the Capital Fund submissions as part of the MTW Plan annually, as required by the MTW Agreement. Contracts and other agreements with mixed-finance development partners must specify that they comply with the requirements of 905.602 and 905.604 of this part. Line of Credit Control System (LOCCS). (8) Coastal barriers. (d) Public Housing Assessment System (PHAS) designation. 78 FR 63786, Oct. 24, 2013, unless otherwise noted. Environmental & Historic Preservation Guidance, Real Estate, Lending or Insurance Professionals, State, Local, Tribal or Territorial Governments, National Incident Management System (NIMS), Integrated Public Alert & Warning System (IPAWS), Environmental Planning & Historic Preservation, Preparedness Activities, Research & Webinars, Faith-Based & Volunteer Partnership Resources, National Business Emergency Operations Center, HUD Capital Fund: Emergency/Natural Disaster Funding, https://www.hud.gov/program_offices/public_indian_housing/programs/ph/capfund/emfunding, Department of Housing and Urban Development, State, Local, Tribal, or Territorial Government. This percentage of Capital Funds dedicated for debt service, taking into account adjustments for activities that would reduce the receipt of Capital Funds, is called the Debt Coverage Percentage.. (3) Cost effective energy-efficiency measures in excess of standard building codes. (g) Modernization cost limits. ;T @C9(s.biJI[*/:nHQ7Zn]5++^Y0zJKkqW}6vV|\\~\X^d srfczBw,mX-a`:N(YPy To enforce any edition other than that specified in this section, HUD must publish notice of change in the Federal Register and the material must be available to the public. Capital Fund Annual Contributions Contract Amendment (CF ACC). Section 905.300 of this part describes the information to be submitted to HUD for the CFP. The reason for the move is to keep similar types of information in separate collections. In those cases where HUD performs the environmental review under 24 CFR part 50, it will do so before approving a proposed project, and will comply with the requirements of NEPA and the related requirements at 24 CFR 50.4. PHAs and their contractors shall comply with section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. (iv) HUD has evidence that the proposed Alternative Management Plan is not in compliance with other federal requirements, including civil rights laws. This fee covers costs associated with oversight and management of the CFP attributable to the HUD-accepted COCC as described in 24 CFR part 990 subpart H. These costs include duties related to capital planning, preparing the CFP Annual Statement/Performance and Evaluation Report, preparing the CFP 5-Year Action Plan, the monitoring of LOCCS, preparing reports, drawing funds, budgeting, accounting, and procuring construction and other miscellaneous contracts. Preemption of state prevailing wage rates as provided at 24 CFR 965.101. In 2023, KCHA will spend nearly $17.2 million to complete capital improvements critical to maintaining our federally subsidized properties. An independent estimate of damage and repair cost is required as a part of the final natural disaster application. The following are ineligible activities and costs for the CFP: (a) Costs not associated with a public housing project or development, as defined in 905.604(b)(1); (b) Activities and costs not included in the PHA's CFP 5-Year Action Plan, with the exception that expenditures for emergencies and disasters, as defined in 905.204 of this subpart, that are not identified in the 5-year Action Plan because of their emergent nature are eligible costs; (c) Improvements or purchases that are not modest in design and cost because they include amenities, materials, and design in excess of what is customary for the locality. FFY 2008 is the last fiscal year that HUD will calculate the existing modernization need. Public housing capital assistance may be used to pay for Community Renewal Costs in an amount equivalent to the difference between the HCC paid for with public housing capital assistance and the TDC limit. A description of the property (i.e., the proposed site and/or project) to be acquired. (iv) Certification of Compliance with Public Hearing Requirements. Purpose, general description, and other requirements. (2) HUD shall determine whether the PHA has a continuing capacity to carry out its Capital Fund activities in a timely manner. The 30 m property consists of an eat-in kitchen, fully equipped with a dishwasher, 1 bedroom and 1 bathroom and thus offers space for 2 persons. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to These can be useful 42 U.S.C. (l) Capital Funds for operating costs. The PHA is responsible, in accordance with 2 CFR part 200, subpart D, for all contractual and administrative issues arising out of their procurements. (4) Declaration of Trust. (5) Accessibility. The HUD approval of a development proposal will include the appropriate form of ACC for signature. The ratio does not apply during the construction period. (b) Subsidy layering analysis. 1437p), or any other funds appropriated by Congress for public housing. 794) and implementing regulations at 24 CFR part 8; title II of the Americans with Disabilities Act (42 U.S.C. (7) Board resolution and counsel's opinion. (b) Formula allocation based on relative needs. Office of Policy Development and Research, Chief Data Officer, HUD. 1437g(d)(3), as those requirements may be amended from time to time. (j) Demolition and Disposition Transitional Funding (DDTF) to reflect formula need for developments with demolition or disposition on or after October 1, 2013. Execution of the CF ACC Amendment received from the PHA, submissions required by this part, and disbursement of Capital Fund grants from HUD are individually and collectively deemed to be the PHA's certification that it is in compliance with the provisions of this part and all other Public Housing Program Requirements. If a PHA has received a letter of findings, charge, or lawsuit involving ongoing systemic noncompliance under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Fair Housing Act, or Section 109 of the Housing and Community Development Act of 1974, and the letter of findings, charge, or lawsuit has not been resolved to HUD's satisfaction, then unless the Capital Fund Financing Proposal is part of a plan to address such findings, charge, or lawsuit, the PHA will not be eligible for financing pursuant to the CFFP. The PHA shall not budget or expend more than 10 percent of its annual Capital Fund grant on administrative costs, in accordance with the CFP 5-Year Action Plan. (v) Significant amendments or modification to the CFP 5 Year Action Plan. This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. HUD may make a finding in accordance with 24 CFR 58.11 and may perform the environmental review itself under the provisions of 24 CFR part 50. If the public housing units being developed are 100 percent owned by the PHA, the project is not a mixed-finance project and will be not be subject to mixed-finance development requirements. (1) Mixed-finance. 1 2021. (6) Any other reason established by HUD by notice in the Federal Register. If a project is above a safe harbor standard, additional review by HUD will be necessary. (17) Capital Fund Program Fee. 4851 et seq. (8) Local Cooperation Agreement. 1437p, is covered by the relocation provisions at 24 CFR 970.21. Last updated June 13, 2023 Return to top A schedule of the activities to be carried out by the PHA. MTW programmatic flexibility allows HABC to waive certain HUD regulations and statutory . (3) Funding. Documentation that the proposed project is permitted by current zoning ordinances or regulations, or evidence to indicate that needed rezoning is likely and will not delay the project. Prior to the cost calibration in paragraph (d)(5) of this section, the number used for the existing modernization need of family projects shall be $16,680 in New York City and $24,286 in Chicago, and the number for elderly projects shall be $14,622 in New York City and $16,912 in Chicago. PHAs must submit an acquisition proposal under 905.608 and/or a development proposal under 905.606 or as otherwise specified by HUD. notice that solicited public comment on the information collection for a period of 60 days was published on May 3, 2023 at 87 FR 27525. /CreatorTool (PDF-XChange Lite \(9.5 build 366\) [GDI] [Windows 10 Professional x64 \(Build 22621\)]) Community Renewal Costs. Modernization means the activities and items listed in 905.200(b)(418). (16) Audit. HUD will review the Alternative Management Plan to ensure that the plan meets the requirements of this subpart and that any proposed deviation from the Public Housing Requirements will be implemented only to the extent necessary to preserve the viability of the public housing units. A PHA's formula share of accrual need under the CF formula is the PHA's total estimated accrual need divided by the total existing accrual need of all PHAs. You can learn more about the process (iii) The information that HUD requires to be included in the Alternative Management Plan has not been included, is not accurate, or does not support the need for deviation from the Public Housing Requirements. The altering of the interior space of buildings (e.g., moving or removing interior walls to change the design, sizes, or number of units). Chapter 35. (e) Obligation and expenditure requirements. (2) Limitations on cost. Upon being provided with a CF ACC Amendment from HUD, the PHA must sign and date the CF ACC Amendment and return it to HUD by the date established by HUD. The PHA must execute the ACC and return it to HUD for execution. >> vi. formatting. (d) PHAs with 250 or more units in FFY 1999, except the New York City and Chicago Housing Authorities. This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. The construction cost guideline is then multiplied by the number of units for each bedroom size and structure type. (iii) Step 3: Elevator and nonelevator type structures. (a) Contract administration. /F1 10 0 R (Equation coefficient: 252.8); (F) The extent to which the units of a project were in a nonmetropolitan area as defined by the Census Bureau during FFY 1996. The Capital Fund submission must be consistent with any applicable Consolidated Plan. (iii) The costs to reconfigure existing dwelling units to units with different bedroom sizes or to a nondwelling use. (b) General description. 1437z2, 42 U.S.C. The total project cost to be funded with public housing capital assistance, as set forth in the proposal and as approved by HUD, becomes the maximum project cost stated in the ACC Amendment. /Producer (PDF-XChange Lite \(9.5 build 366\) [GDI] [Windows 10 Professional x64 \(Build 22621\)]) All PHAs that have public housing units under an Annual Contributions Contract (ACC), as described in 24 CFR 5.403, are eligible to receive Capital Funds. Federal Register. Documentation attesting that an appraisal of the proposed property by an independent, state certified appraiser has been conducted and that the acquisition is in compliance with 905.308(b)(9) of this part.