fy2010 alcp nofa final 1 24 11.pdf

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No.FR 5415 N 33]

Notice of Funding Availability (NOFA) for Fiscal Year (FY) 2010 Assisted

Living Conversion Program (ALCP) For Eligible Multifamily Housing Projects

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD.

ACTION: Notice of Funding Availability for Fiscal Year (FY) 2010 for the Assisted Living

Conversion Program for Eligible Multifamily Projects.

SUMMARY: This NOFA announces the availability of up to approximately $30 million in

Assisted Living Conversion Program (ALCP) grant funds. The funds are available for the physical conversion of eligible multifamily assisted housing projects or portions of projects to assisted living facilities (ALFs). Applicants should note that this NOFA is governed by the information and instructions found in the Notice of HUD‟s FY2010 Notice of Funding

Availability; Policy Requirements and General Section (General Section) to HUD‟s FY2010

NOFAs for Discretionary Programs (referred to as the “General Section,” that HUD posted on www.grants.gov on June 7, 2010. The FY2010 General Section establishes threshold and other critical application submission requirements that affect this NOFA. Therefore, applicants for this assistance are directed to review the 2010 General Section for policy and submission information prior to submitting an application.

FOR FURTHER INFORMATION: Direct your questions regarding specific program requirements to the agency contact identified in this program NOFA. For questions regarding the 2010 General Section, contact the Office of Departmental Grants Management and

Oversight at 202-708-0667 (this is not a toll-free number) or the NOFA Information Center at

800-HUD-8929 (toll-free). Persons with hearing or speech impairments may access these numbers via TTY by calling the Federal Information Relay Service at 800-877-8339. The

NOFA Information Center is open between the hours of 10:00 a.m. and 6:30 p.m. eastern time, Monday through Friday, except federal holidays.

OVERVIEW INFORMATION

A. Federal Agency Name: Department of Housing and Urban Development, Office of the

Assistant Secretary for Housing-Federal Housing Commissioner

B. Funding Opportunity Title: The Assisted Living Conversion Program for Eligible

Multifamily Projects.

C. Announcement Type: Initial announcement.

http://www.grants.gov/

D. Funding Opportunity Number: The OMB Approval Number is: 2502-0542. The Federal

Register number for this NOFA is FR-5415-N-33.

E. Catalog of Federal Domestic Assistance (CFDA) Number: The Assisted Living

Conversion Program for Eligible Multifamily Housing Projects is 14.314.

F. Dates: Applications must be received by Grants.gov no later than 11:59:59 p.m. Eastern

Time on the deadline date of March 29, 2011. Applicants need to be aware that following receipt applications go through a validation process in which the application may be accepted or rejected. The process may take 24 to 48 hours to complete. Please see the 2010 General Section for instructions for timely receipt including actions to take, if the application is rejected.

G. Additional Overview Content Information: The purpose of this program is to provide grants for the conversion of some or all of the dwelling units in an eligible project into assisted living facilities (ALFs) for frail elderly persons. Private nonprofit owners of eligible developments interested in applying for funding under this grant program should carefully review the General Section and the detailed information listed in this NOFA. In FY2010, HUD has published its new Strategic Plan 2010-2015 that defines a new set of policy and organizational priorities for the department. The plan provides the direction and focus HUD needs to achieve its mission: create strong sustainable, inclusive communities and quality, affordable homes for all. For more information about FY2010 HUD‟s policy priorities, please review the General Section.

FULL TEXT OF ANNOUNCEMENT

I. FUNDING OPPPORTUNITY DESCRIPTION

A. Program Description. Assisted living facilities (ALFs) are designed to accommodate frail elderly persons and people with disabilities who need certain support services (e.g., assistance with eating, bathing, grooming, dressing, and home management activities). ALFs must provide support services such as personal care, transportation, meals, housekeeping, and laundry. Frail elderly person means an individual 62 years of age or older who is unable to perform at least three activities of daily living (ADLs) as defined by the regulations for HUD's Section 202

Supportive Housing for the Elderly Program at 24 CFR 891.205. Assisted living defined in section 232(b)(6) of the National Housing Act (12 U.S.C. 1715w).

The ALCP provides funding for the physical costs of converting some or all of the units of an eligible multifamily development into an ALF, including unit configuration and related common and service space, and any necessary remodeling, consistent with HUD or the state's statute/regulations (whichever is more stringent). Typical funding will cover basic physical conversion of existing project units, as well as related common and service space. There must be sufficient community space to accommodate a central kitchen or dining facility, lounges, recreation; other multiple-areas available to all residents of the project and/or office/staff spaces in the ALF. If meals are prepared at an off-site location, the preparation area of the facility must be of sufficient size to allow for the installation of a full kitchen. You must provide supportive services for the residents either directly or through a third party. Your application must include a firm commitment for the supportive services offered within the ALF. You may charge assisted living residents for meals and/or service fees. Residents may contract with third party agencies directly for nursing, therapy, or other services not offered by the ALF. Refer to Section III.E.2.f, for more information about Meals and Supportive Services.

B. Authority. The Assisted Living Conversion Program is authorized by Section 202b of the

Housing Act of 1959 (12 U.S.C. 1701q-2) and the Consolidated Appropriations Act, 2010 (Pub.

L. 111-117) provides up to $39.6 million for the conversion of eligible projects to assisted-living or related use and for emergency repairs.

II. AWARD INFORMATION

A. Available Funds. This NOFA makes available up to $30 million in grant funds. The funds will be use for the physical conversion of eligible multifamily assisted housing projects or portions of projects to ALFs. For Fiscal Year 2010, the ALCP will be a nationwide competition.

The ALCP Grant Agreement, when fully executed, obligates the HUD funds. This Agreement establishes the legal relationship between HUD and the ALCP award recipient. HUD will base the period of performance on the scope of work, but it shall not exceed 18 months.

III. ELIGIBILITY INFORMATION

A. Eligible Applicants. Only private nonprofit owners of eligible multifamily assisted housing developments specified below (see section 683(2) (B), (C), (D), (E), (F), and (G) of the Housing and Community Development Act of 1992 (Pub. L.102-550, approved October 28, 1992) may apply for an ALCP grant.

NOTE: HUD retains the right to terminate the grant and recover funds made available through this NOFA if your eligibility status changes during the course of the grant term, making you ineligible to receive the grant (e.g., prepayment of mortgage, sale/TPA of property, opting out of a Section 8 Housing Assistance Payment (HAP) contract, or the transfer of the grant to a single asset entity).

B. Ineligible Applicants. Ineligible applicants are:

1. Owners of developments designed specifically for people with disabilities;

2. Owners of Section 232 developments;

3. Property management companies and agents of property management companies;

4. Limited dividend partnerships;

5. Nonprofit Public Agencies;

6. Owners of hospitals or other health-related facilities, which are eleemosynary institutions;

7. Owners of an existing insured or privately owned Assisted Living Facility; and

8. Owners of commercial structures.

C. Eligible Developments. Eligible projects must be owned by a private, nonprofit entity, and designated primarily for occupancy by elderly persons. Projects must have completed final closing and must have been in occupancy for at least five years from the date of the HUD approved form HUD-92485 (Permission to Occupy Project Mortgage). Eligible projects may only receive one grant award.

Additionally, eligible projects must meet one of the following criteria:

1. Section 202 direct loan projects with or without Section 8 rental assistance;

2. Section 202 capital advance projects receiving rental assistance under their Project Rental

Assistance Contract (PRAC);

3. Section 515 rural housing projects receiving Section 8 rental assistance;

4. Other projects receiving Section 8 project-based rental assistance;

5. Projects subsidized with Section 221(d)(3) below-market interest mortgage; or

6. Projects assisted under Section 236 of the National Housing Act.

D. Cost Sharing or Matching. No matching funds are required. Although matching is not a requirement for the ALCP, applicants are encouraged to leverage grant funds with other funding to receive higher rating points.

E. Eligibility Requirements.

1. Eligible Conversion Activities Are:

a. Retrofitting to meet Section 504 accessibility requirements, minimum property standards for accessibility and/or building codes and health and safety standards for ALFs in that jurisdiction.

Meeting Section 504 regulations require compliance with the Uniform Federal Accessibility

Standards (UFAS). Examples are items such as:

(1) Upgrading to accessible units for the ALF with moveable cabinetry, accessible appliances, sinks, bathroom and kitchen fixtures, closets, hardware and grab bars, widening of doors, etc.;

(2) An elevator or upgrades thereto;

(3) Lighting upgrades;

(4) Major physical or mechanical systems of projects necessary to meet local code or assisted living requirements;

(5) Sprinkler systems;

(6) Upgrades to safety and emergency alert systems;

(7) Addition of hallway railings; and

(8) Medication storage and workstations.

b. Retrofitting to add, modify and/or outfit common space, office or related space for ALF staff including a service coordinator and file security, and/or a central kitchen/dining facility to support the ALF function (e.g., outfit lounge/common space/dining furniture, kitchen equipment for cooking/serving and dishware).

c. Retrofitting to upgrade a regular unit to an accessible unit for a person/family with disabilities being displaced from an accessible unit in the portion of the project that is being converted to the

ALF, where another accessible unit is not available;

d. Temporary relocation;

e. Consultant, architectural, and legal fees;

f. Vacancy payments limited to 30 days after conversion to an ALF; and

g. Any excess Residual Receipts (over $500/unit) and Reserve for Replacement funds (over

$1000/unit) in Project Accounts that are not approved for another use at the time of application to HUD under this NOFA are considered available funds and must be applied toward the cost of conversion activities. However, before making this determination, HUD staff will consider the extent of repair/replacement needs indicated in the most recent Real Estate Assessment Center

(REAC) physical inspection; any not yet approved or ongoing commitments such as non-grant-based service coordinator or other funding. HUD staff will deduct the estimated costs of such items from the reserve for replacement and residual receipts balances to determine the extent of available residual receipts and reserve for replacement funds for the ALCP.

2. Threshold Requirements. The threshold requirements in the General Section are applicable in this NOFA. In addition to the threshold criteria outlined in the General Section, applicants must meet the following requirements in this NOFA to receive funding for this program. The threshold requirements are:

a. Be an eligible applicant.

b. DUNS Requirement. All ALCP applicants must have a DUN and Bradstreet Universal Data

Numbering Systems (DUNS) number. The DUNS number must reflect the applicant organization that is to receive funding from HUD and correspond to the legal name entered into

Box 8a of Standard Form 424 (SF424). The legal name entered into Box 8a of the SF424 must correspond to the information provided to D&B and CCR. Failure to follow these instructions and provide a DUNS and Taxpayer Identification (TIN) validated by CCR will prevent an application from obtaining an award, regardless of whether it is a new award or renewal of an existing one. This policy is pursuant to the OMB policy issued in the www.hud.gov/offices/adm/grants/duns.cfm or http://www.grants.gov/applicants/request_duns_number.jsp. For information on how to acquire a DUNS number, see Section III. C. of the General Section.

c. Applicants must have and maintain an active registration is the Central Contractor Registration to receive an award of funds from HUD. See the G for complete details concerning CCR registration and HUD policy.

d. You must provide commitment and funding support letters from the appropriate funding organizations and the appropriate licensing agency(ies). HUD will reject your application if the commitment and support letter(s) from the appropriate funding organizations and the appropriate licensing agency(ies):

(1) Are not submitted by the application deadline date as part of your application for financial assistance;

(2) Indicate that the ALF units, facilities, meals and supportive services to be provided are not designed to meet the special needs of the residents who will reside in the ALF as defined in this NOFA,

(3) Do not show commitment for funding the meals and supportive services proposed; or

(4) Indicate that the project as proposed will not meet the licensing requirements of the appropriate state/local agency(ies).

e. You must comply with all applicable statutory requirements specified in Section 202b and statutory requirements under Section 232(b)(6).

f. Minimum Size Limits for an ALF. An ALF must be economically feasible. Consistent with

HUD Handbook 4600.1, CHG-1, the minimum size for an ALF is five units.

g. If you requested and received a waiver of the electronic submission requirement, must follow the instructions in the approval notification regarding where to submit the application and the number of copies required. All paper applications granted a waiver to the electronic application submission requirement must be submitted to HUD Headquarters.

h. If an application is missing six or more exhibits, the application is be considered substantially deficient and the application will be considered non-responsive to the NOFA, making the application is ineligible for review. Refer to Section IV.B, Content and Form of Application

Submission for further information.

http://www.hud.gov/offices/adm/grants/duns.cfm http://www.grants.gov/applicants/request_duns_number.jsp

3. Program Requirements. Applicants must meet the following program requirements outlined below in this NOFA. The program requirements are:

a. Residual Receipts. You must have a residual receipts account separate from the Reserve for

Replacement account, or agree to establish this account as a condition for getting an award.

b. Compliance. You must be in compliance with your Loan Agreement, Capital Advance

Agreement, Regulatory Agreement, Housing Assistance Payment contract, Project Rental

Assistance Contract, Rent Supplement or Loan Management Set-Aside (LMSA) contract, or any other HUD grant or contract document.

c. HUD-2530. If selected, you must file a form HUD-2530 for all construction contractors, architects, consultants, and service provider organizations under direct contract with you that will be engaged under this NOFA within 30 days of execution of the grant award.

d. HUD‟s Uniform Physical Conditions Standards. Your project must meet HUD's Uniform

Physical Conditions Standards at 24 CFR part 5, subpart G. Based on the most recent REAC physical inspection report the project must have a “satisfactory” rating as evidenced by a score of

60 or better; or if the project received a score less than 60 it must have a HUD-approved schedule repair plan for the development. Additionally, the project must not have any uncorrected and outstanding Exigent Health and Safety violations. Finally, the project must not have a management review with a rating of “minimally satisfactory” or “unsatisfactory” with open and unresolved findings.

e. Meals and Supportive Services. You must develop and submit a Supportive Services Plan

(SSP), which should detail the services and coordination of the supportive services, to be offered in the ALF by the appropriate state or local organization(s), which are expected to fund those supportive services. (See Section IV.B. below for information regarding what must be in the

SSP.) You must submit one copy of your SSP to each appropriate state or local service funding organizations well in advance of the application deadline, for appropriate review. The state or local funding organization(s) must return the SSP to you with appropriate comments and an indication of the funding commitment, which you will then include with the application you submit to HUD.

f. Licensing Requirements. You must submit, with your application, an agreement to pursue the appropriate ALF licensing in a timely matter. You must ALSO submit the SSP to the appropriate organization(s), which license(s) ALFs in your jurisdiction.

(1) The licensing agency(ies) must approve your plan and certify that the ALF and proposed supportive services are consistent with local statues and regulations, and are well designed to meet the needs of frail elderly persons with disabilities who will reside in the ALF portion of your project.

(2)Your ALF must be licensed and regulated by the state (or if there is no state law providing such licensing and regulation, by the municipality or other subdivision in which the facility is located). Each assisted living unit must include its own kitchen, bathroom, bedroom, living/dining area (1 bedroom unit) or kitchen, bathroom, bedroom/living/dining area (efficiency unit) and must meet the state and/or local licensing, building, zoning, and other requirements for an ALF.

g. Occupancy Requirements. Your ALF must be available to qualified elderly persons; frail elderly persons; and persons with disabilities, consistent with the rules and payment plans of the state, which need and want the supportive services in order to remain independent and avoid premature institutionalization.

(1) Your ALF's residents must be tenants or residents of the multifamily project and must comply with the requirements applicable to the project. Therefore, you cannot charge additional rent over what is charged to residents in the non-ALF portion of the project. All admissions to the ALF must be through the applicable project admissions office.

(2) Persons accepted into the ALF also must sign an ALF admissions agreement, the

ALF admissions agreement will become an addendum to the applicable project lease.

(3) At a minimum, the ALF must provide room, board, and continuous protective oversight (CPO). CPO involves a range of activities and services that may include such things as awareness by management and staff of the occupant‟s condition and location as well as an ability to intervene in a crisis for ALF occupants on a 24-hour basis. The two occupant groups in an

ALF are:

(a) Independent Occupants. Awareness by management and staff of the occupant's condition and whereabouts as well as the availability of assistance for the occupants as needed;

(b) Dependent Occupants. Supervision of nutrition, assistance with medication and continuous responsibility for the occupants' welfare; and

(c) Residents moving into an ALF unit must agree to accept as a condition of occupancy the board and services required to comply with state and local laws and regulations.

h. Meal Requirement. The ALF must provide three meals per day.

(1) Residents whose apartments have kitchens must take at least the number of meals a day provided by the facility, per their mandatory meals requirement, or as required by state or local rules, if more stringent. If the facility does not have a mandatory meals plan, then state and local rules govern.

(2) Residents, in projects that are constructed without kitchens in their units, must take such meals as required by their mandatory meals agreement, if applicable, or by the state's mandated requirements if more stringent (e.g., two meals, two snacks daily).

(3) The meal plan must accommodate residents with special needs diets for health and safety reasons (e.g. soft foods, diabetic diet, etc.) and for religious beliefs and practices (e.g.

Kosher, Halal, vegetarian, etc.).

ALF management must coordinate meal requirements with the needs of residents who are out part of the day (e.g., in day care). Meal programs may not be operated at a profit by the project owner.

i. ALF Admissions. Priority admissions for ALF units are as follows:

(1) Current residents desiring an ALF unit and meeting the program requirements (no resident can be required to accept an ALF unit);

(2) Qualified individuals or families needing ALF services that is already on the project‟s waiting list;

(3) Qualified individuals or families in the community needing ALF services wanting to be added to the project's waiting list;

(4) Qualified disabled non-elderly persons needing assisted living services are eligible to occupy these units on the same basis as elderly persons, except for Section 202 project rental assistance contracts (PRAC) projects, which are limited to elderly persons by law.

j. Waiting Lists. The management of the project must set up a separate waiting list for ALF units. ALF units must be for eligible residents who meet the admissions/discharge requirements as established for assisted living by state and local licensing or HUD frailty requirements under

24 CFR 891.205, if more stringent.

k. Declaration of Restrictive Covenants. All project owners participating in the ALCP must provide a Declaration of Restrictive Covenants (DRC) upon receipt of a grant under this program. The DRC will be recorded with the land to retain the low income character of the housing and to maintain the project (including the ALF) as a moderate-, low-, or very low-income facility (as appropriate) for 20 years beyond the current 40- to 50-year term of the mortgage loan or capital advance.

l. Service Coordination. The ALCP requires service coordination for linking the ALF to available services in the community for moderate, low or very low-income persons. All projects funded under this NOFA must have sufficient service coordination in place to ensure that services meeting licensing requirements are available to ALF residents on an ongoing basis. The application must describe your service coordination planned efforts. (See Section IV.B. of this

NOFA). The service coordination description needs to show evidence on the form SF424, that funding for service coordination is provided by other sources. In any jurisdiction or neighborhood that receives funding for either the same geographic area or the same population, for ROSS Service Coordinators, Public Housing Family Self-Sufficiency, Housing Choice

Voucher Family Self-Sufficiency, HOPE VI Revitalization, Choice Neighborhoods, Elderly/Disabled Service Coordinators, HUD-VASH, Family Unification Vouchers, Multi-

Family Service Coordinators, Continuum of Care program and/or other special use housing assistance with services or service coordination HUD encourages coordination so that shared resources can be leveraged to avoid duplication of services and to improve access and service delivery for participating families.

(1) The ALF must be staffed either directly or indirectly, as a result of your coordination with local agencies, depending on state regulations or local requirements. These may also serve non-ALF residents of the project on a time available and appropriate fee basis.

(2) If you are a Section 202 PRAC project owner, you can pay for the service coordinator out of PRAC funds.

(3) The ALF may cater to the special needs of residents depending on their condition or diagnosis, such as Alzheimer's disease. If the ALF caters to special needs residents, the design/environment of such facilities must accommodate those needs, e.g., dementia special care unit. However, the ALF cannot provide a service that it is not licensed by the state or locality to provide.

(4) Owners of Section 202/PRAC projects are reminded that they may include a PRAC payment of up to $15/unit/month not to exceed 15 percent of the total program cost, consistent with 24 CFR 891.225(b)(2) to cover part of the cost of meals and/or supportive services for frail elderly residents, including residents of the ALF.

For further guidance on service coordinators, please refer to Handbook 4381.5 REV-2, CHANGE-2, Chapter 8, “The Management Agent's Handbook,” which is also available through the HUD‟s Client Information and Policy System (HUDCLIPS) - Housing database on HUD‟s website at http://www.hud.gov/offices/adm/hudclips/. Enter only the number without the letter prefix (e.g., 99-16) in the “Search box” to retrieve any handbooks or notices.

(5) Training for ALF staff is an eligible project cost under existing operating procedures.

For further information on ALFs, please refer to Handbook 4600.1, CHG-1, “Mortgage

Insurance for Residential Care Facilities,” Chapter 13. This Handbook and recent ALF program

Notices are accessible through HUDCLIPS on HUD's website at http://www.hud.gov/offices/adm/hudclips/

m. The ALF's operation must be part of the project owner‟s management organization; however, some or all of its functions may be contracted out. The ALF budget must be a two-tiered structure that has board and supportive service income and expenses maintained separately and independently from the regular income and expenses of the applicable project. The two components of ALF costs are:

(1) Charges/payment for board, (not including rent for the unit) which may be on a sliding scale or any other equitable fee system; and

(2) Charges/payment for necessary supportive services, which may include a combination of resident fees, Medicaid and/or other third party payments.

n. Other HUD grants or funds. If selected, you must notify HUD of any other HUD grants or funds that you are applying for that relate to any aspect of the rehabilitation or construction of the ALCP project for which you have been awarded funds under this NOFA.

o. Energy Efficiency Standards. Sponsors are required to build to a higher standard by incorporation components of sustainable projects. At a minimum, energy efficiency strategies and water conservation appliances and fixtures must be incorporated in the design, construction, and operation of all projects.

(1) Energy Efficiency Products and Appliances. All projects must purchase and install

ENERGY STAR-labeled products and appliances when new products are installed or older obsolete products are replaced as part of the scope of work. To easily locate certain ENERGY

STAR qualified products or appliances, contact suppliers, and negotiate discounted prices, visit http://www.quantityquotes.net/. ENERGY STAR Quality Quotes was developed by the U.S.

Department of Energy (DOE) to make it easy to comparison shop for energy-efficient products.

For more information on Energy Star appliances and products, please see www.energystar.gov.

(2) Water Conservation Fixtures. Installation of water-conserving fixtures is required for the conversion when new products are installed or older obsolete products are replaced. Water

Conservation fixtures are resource efficient plumbing and appliances such as low flow showerheads and faucet and high efficiency toilets. The materials used in the conversion should be either the most current WaterSense product or a greater water efficiency product. More information is available at www.epa/owm/water-efficiency.

p. Prohibition Against Lobbying Activities. The Byrd Amendment prohibits ALCP recipients of federal contracts, grants, or loans from using appropriated funds for lobbying activities. (Refer to Section III.C. of the General Section for further instructions regarding this requirement.)

q. Economic Opportunities for Low and Very Low-Income Persons (Section 3). You must 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 the implementing regulations at 24 CFR part 135. You must 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 in the area in which the proposed project will be located. To comply with Section 3 requirements you are hereby certifying that you will strongly encourage your general contractor and subcontractors to participate in local apprenticeship programs or training programs registered or certified by the Department of Labor‟s Office of Apprenticeship, Training, Employer and Labor

Services or recognized State Apprenticeship Agency. To receive up to two (2) points, you must submit, under Exhibit 3(j), a description on how you plan to incorporate the Section 3 requirements into your proposed project with goals for expanding training and employment opportunities for low and very-low income (Section 3) residents as well as business concerns.

Refer to Section III.C.5.d of the General Section for more information on Section 3.

4. Non-discrimination and Other Requirements. Refer to Section III.C.5. of the General

Section for additional requirements and information regarding non-discrimination and other

Requirements, including compliance with the requirements of Section 504 of the Rehabilitation

Act of 1973, the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act, the http://www.quantityquotes.net/ http://www.epa/owm/water-efficiency

Age Discrimination Act of 1975, the affirmative fair housing marketing requirements of section

24 CFR 200.600, Subpart M and the implementing regulations at 24 CFR part 108, which requires that the project be marketed to those least likely to apply, including those who are not generally served by the agency administering the program, and other applicable federal, state, and local laws prohibiting discrimination and promoting equal opportunity, including affirmatively furthering fair housing, and other certifications listed in the application.

a. Federal Physical Accessibility Requirements. Applicants must comply with the Uniform

Federal Accessibility Standards (http://www.access-board.gov/ufas/ufas-html/ufas.htm); Section

504 of the Rehabilitation Act of 1973 and HUD's implementing regulations at 24 CFR part 8;

and any applicable provisions of the Americans with Disabilities Act of 1990 and applicable Fair

Housing Act design and construction requirements for all portions of the development physically affected by this proposal.

b. Section 232 of the National Housing Act. Applicants must comply with Section 232 of the

National Housing Act as applicable.

c. Davis-Bacon requirement and the Contract Work Hours and Safety Standards Act.

Applicants must comply with the Davis-Bacon requirements and the Contract Work Hours and

Safety Standards Act as applied to this program. Davis-Bacon does not apply statutorily to the

ALCP, however, the Department has administratively determined that Davis-Bacon standards and overtime rates, in accordance with the Contract Work Hours and Safety Standards Act will be adhered to in any ALCP conversion grant program in which the total cost of the physical conversion to an ALF (and including any additional renovation work undertaken at the same time) is $500,000 or more (this includes ALCP grant funds, owner funds, or any third party funds loaned or granted in support of the conversion or other renovation for the project associated with this grant); and in which the ALF portion of the project is 12 units or more,

d. Ensuring the Participation of Small Business, Small Disadvantaged Businesses, and

Woman-Owned Businesses. HUD is committed to ensuring that small businesses, small disadvantaged businesses, and woman-owned businesses participate fully in HUD‟s direct contracting and in contracting opportunities generated by HUD‟s financial assistance. (Refer to the General Section for further instructions regarding this requirement.)

e. Executive Order 13166, Improving Access to Persons with Limited English Proficiency

(LEP). ALCP applicants who receive funding must take reasonable steps to ensure meaningful access to their programs and activities to persons with limited English proficiency by providing materials and information in languages other than English. These could include providing materials and information in languages other than English and making applications and other materials available in languages other than English that are common in the community, if speakers of these languages are found in significant numbers and come into frequent contact with the program. As an aid recipients, HUD published Final Guidance to Federal Financial

Assistance Recipients: Title VI Prohibition Against National Origin Discrimination Affecting

Limited English Proficient Persons (LEP Guidance) in the Federal Register on January 22, 2007

(72 FR 2732). For assistance and information regarding LEP obligations, go to http://www.justice.gov/crt/lep/guidance/HUD_guidance_Jan07.pdf.

http://www.access-board.gov/ufas/ufas-html/ufas.htm

f. Executive Order 13279, Equal Protection of the Laws for Faith-Based and Community

Organizations. HUD has undertaken a review of all policies and regulations that have implications for faith-based and community organizations, and has established a policy to provide full and equal access to grassroots faith-based and other community-based organizations.

(Refer to the General Section for specific instructions regarding this requirement.)

g. Accessible Technology. The Rehabilitation Act Amendments of 1998 apply to all electronic information technology (EIT) used by an ALCP recipient for transmitting, receiving, using, or storing information to carry out the responsibilities of the ALCP awards. (Refer to Section III.C.

of the General Section for specific instructions regarding this requirement.)

h. Participation in HUD-Sponsored Program Evaluation. As a condition of the receipt of

ALCP funds, successful applicants are required to cooperate with all HUD staff or contractors performing HUD-funded research and evaluation studies.

i. OMB Circulars and Government-wide Regulations Applicable to Financial Assistance.

ALCP applicants are subject to the Administrative Requirements of OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations; OMB Circular A-122, Cost

Principles for Non-Profit Institutions; the administrative requirements of 24 CFR Part 84; and the procurement requirements of 24 CFR 84.44. (Refer to the General Section for additional information on this requirement).

j. Environmental Requirements. Your ALCP application is subject to the National

Environmental Policy Act of 1969 and applicable related federal environmental authorities. (See

24 CFR part 50, as applicable.) An environmental review will be completed by HUD before awarding any grant under this program. ALCP projects are „critical actions‟ for purposes of 24

CFR part 55 and must comply with requirements applicable to „critical actions,‟ including floodplain management review requirements, if proposed to be carried out in the 500-year floodplain.

Please carefully review the General Section for any Additional Nondiscrimination and Other

Requirements.

IV. Application and Submission Information

A. Address to Request An Application Package. Applications under this NOFA must be received electronically through the Federal website Grants.gov, unless a waiver of this requirement is granted in accordance with the instructions below. The procedures for electronic submission of applications are contained in HUD‟s General Section posted to www.Grants.gov on June7, 2010.

1. Waiver Requests. Applicants that are unable to submit their application electronically must seek a waiver of the electronic grant submission requirement. You must submit a waiver request no later than 15 days before the application deadline date. Waiver requests may be submitted by mail, fax, or email, and must be on the applicant‟s letterhead and signed by an official with the legal authority to request a waiver from the Department. Waiver requests must meet the http://www.grants.gov/ following requirements:

Mailed Requests. A mailed request must be sent to David H. Stevens, Assistant Secretary for

Housing—Federal Housing Commissioner, Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410-8000.

Faxed Requests. Send faxed requests to (202) 708-3104. This is not a toll-free number.

Electronic Mail Requests. Send email requests to Aretha.M.Williams@hud.gov

If a waiver is granted, you must submit the original and four (4) copies of your application to

Headquarters, and the application must be received no later than the 4:30 pm eastern time

(the apps have to go through scanning which closes at 5pm.) on the application deadline date. There is no grace period. HUD will not accept paper applications from applicants that did not receive a waiver.

2. Multiple Applications. Owners may only submit an application for one ALCP project. If

HUD receives multiple applications covering different projects or segments of units within the same project, it will consider only one application. The decision on which application to consider for funding will be the first unique application for a project based upon the application that first meets the timely receipt requirements. If an applicant submits multiple copies of the same application, HUD will review the last application that meets the timely receipt requirements as stated in the General Section.

3. Technical Assistance. Before the ALCP application deadline date, HUD staff is available to provide you with general guidance and technical assistance. HUD staff cannot provide assistance in preparing your application. For technical support for downloading the ALCP application or submitting the application, call the toll free Grants.gov Customer Support line at

1-800-518-GRANTS (this is a toll-free number) or send an email message to support@grants.gov. The customer support center is open twenty-four hours a day, seven days per week, except federal holidays.

4. HUD Website. Additional information or documents is available on HUD‟s website at http://www.hud.gov/offices/adm/grants/fundsavail.cfm

5. Webcast. HUD will provide technical assistance and training through an online webcast for potential applicants. For more information about the date and time of the broadcast, you should contact your local HUD Office or go to HUD‟s web site at:

http://www.hud.gov/webcasts/index.cfm

B. Content and Form of Application Submission. There are eleven required exhibits under the ALCP, including prescribed forms and certifications. In cases where your articles of incorporation and bylaws have NOT changed since the project was originally approved by HUD, your signature on the SF424 signifies that you are self-certifying to that effect - that the documents on file with HUD are current and sufficient. Exhibits for which self-certification of currency is possible are Exhibits 2(a) and (b).

mailto:support@grants.gov http://www.hud.gov/offices/adm/grants/fundsavail.cfm http://www.hud.gov/webcasts/index.cfm

In addition to the relief of paperwork burden, you will not have to submit certain information and exhibits you have previously prepared. See individual item descriptions, below to identify such items. An example of such an item may be the FY2009 Annual Financial

Statement. Your application must include all of the information, materials, forms, and exhibits listed below (Please see the General Section for instructions on how to submit third party and other documents such as Articles of Incorporation; by-laws; copies of original plans; evidence of financial commitment; letter(s) from zoning officials; etc.). Attachment file names must not be longer than 50 characters and must not contain spaces or special characters. Applications will be rejected if you fail to follow these instructions. Detailed submission instructions, including file naming requirements, are contained in the General Section.

1. Table of Contents

Exhibit I - Form HUD92045, Application Summary for the Assisted Living Conversion

Program.

Exhibit II - Evidence of private nonprofit status and legal ability to operate an ALF program:

a. Articles of Incorporation.

b. Bylaws.

Exhibit III - Community support:

a. Links to the community at large and to the minority and elderly communities in particular; and

b. Efforts to involve elderly persons, including minority elderly persons and persons with disabilities in:

(1) Development of the application;

(2) Development of the ALF operating philosophy;

(3) Review of the application prior to submission to HUD; and

(4) Intent to involve eligible ALF residents in the operation of the project.

c. Description of your involvement in your community‟s Consolidated Planning Processing

d. Implementation measures that will result in residents aging in place.

e. Policy Priority - Capacity Building and Knowledge Sharing

Exhibit IV - Evidence of occupancy.

Exhibit V – Evidence of need for project.

a. Need for the ALF by current project residents:

(1) Demographic characteristics of the elderly residents currently living in the project;

and

(2) Services currently available to the residents.

b. Need for ALF units by very low-income elderly and disabled households in the market area.

c. Type, availability and cost of alternate care and services,

d. How the community's Consolidated Plan was used.

Exhibit VI – Narrative of the physical construction aspect of the ALF conversion. This is not an exhaustive listing. You may describe other physical construction aspects of the conversion being proposed.

a. Project development and timeline;

b. Narrative stating the number of units, special design features, common areas;

c. Energy efficiency features;

d. Original plans and specifications;

e. Description of how the project will conform to UFAS;

f. Architectural sketches;

g. Budget.

h. Commitment letters.

i. Relocation:

(1) Cost of temporary relocation;

(2) Staff to carry out relocation activities;

(3) List of tenants to be temporarily relocated;

(4) Statement that temporary relocation will not extend beyond one year; and

j. Section 3 requirements.

Exhibit VII – Description of Retrofitting or renovations.

Exhibit VIII – Zoning.

Exhibit IX - Supportive Services Plan:

a. Description of the supportive services needed;

b. Description of how the supportive services are to be provided;

c. Description of how the operation of your ALF will work;

d. Costs for board and supportive services;

e. List who will pay for the board and supportive services and the amount provided.

f. Support or commitment letter;

g. State or local support letter; and

h. Experience in arranging services and/or delivering supportive services to frail residents; and

i. Policy Priority - Using Housing for Improving Other Outcomes

Exhibit X – Project’s resources.

Exhibit XI – Forms and Certifications:

1. Forms.

a. HUD92045_Multifamily_Housing_Assisted_Living_Conversion_Program_Application_

Summary Sheet

b. SF424_Application_for_Federal_Assistance.

c. SF424_Supplement_Survey_for_Ensuring_Equal_Opportunity_for_Applicants.

d. HUD424CB_Grant_Applications_Detailed_Budget.

e. HUD424CBW_Grant_Application_Detailed_Budget_Worksheet.

f. HUD2880_Applicant_Recipient_Disclosure_Update_Report.

g. HUD2991_Certification_of_Consistency_with_the_Consolidated_Plan.

h. Standard_FormLLL_Disclosure_of_Lobbying_Activities.

i. HUD96010_Program_Outcome_Logic_Model.

j.HUD2990_Certification_of_Consistency_with_RC_EZ_EC_II_Streatgeic_Plan

k. HUD96011_Third_Party_Documentation_Facsimile_Transmittal

2. Programmatic Application Requirements

Exhibit I. Application Summary for the Assisted Living Conversion Program, Form

HUD92045.

Exhibit II. Evidence that you are a private nonprofit organization or nonprofit consumer cooperative and have the legal ability to operate an ALF program, per the following:

a. Articles of Incorporation, constitution, or other organizational documents, or self-certification of these documents if there has been no change in the Articles since they were originally filed with HUD; and

b. Bylaws, or self-certification of bylaws, if there has been no change in the bylaws since they were originally filed with HUD.

Exhibit III. A description of your community support:

a. A description of your links to the community at large and to the minority and elderly communities in particular; and

b. A description of your efforts to involve elderly persons, including minority elderly persons and persons with disabilities in:

(1) The development of the application;

(2) The development of the ALF operating philosophy;

(3) Review of the application prior to submission to HUD; and

(4) Your intent whether or not to involve eligible ALF residents in the operation of the project.

c. A description of your involvement in your community's Consolidated Planning processes including:

(1) An identification of the lead/facilitating agency(ies) that organizes and/or administers the process;

(2) A listing of the Consolidated Plan areas in which you participate; and

(3) The level of your participation in the process, including active involvement with any neighborhood-based organizations, associations, or any committees that support programs and activities that enhance projects or the lives of residents of the projects, such as the one proposed in your application.

If you are not currently active, describe the specific steps you will take to become active in the Consolidated Planning processes. (Consult the local HUD office for the identification of the Consolidated Plan community process for the appropriate area.)

d. A description of how the assisted living facility will implement measures that will result in assisting residents to age in place with an improved living environment”).

e. Policy Priority: HUD has selected the policy priority: Capacity Building and Knowledge

Sharing. To receive 1 policy priority point for this policy priority, applicants must provide a description of activities that will strengthen the capacity of state and local government and nonprofit partners to implement HUD programs, coordinate on cross-programmatic, place-based approaches that encourage on-going communications. For more information, refer to Rating

Factor 1, Section V.A.1.e.

Exhibit IV. Evidence of your project has been occupied for at least five years prior to the date of this application to HUD.

Exhibit V. A market analysis of the need for the proposed ALF units, including information from both the project and the housing market containing:

a. Evidence of need for the ALF by current project residents:

(1) A description of the demographic characteristics of the elderly residents currently living in the project, including the current number of residents, distribution of residents by age, race, and sex, an estimate of the number of residents with frailties/limitations in activities of daily living, and an estimate of the number of residents in need of assisted living services.; and

(2) A description of the services currently available to the residents and/or provided on or off-site, and what services are lacking.

b. Evidence of the need for ALF units by very low-income elderly and disabled households in the market area including: a description of the trend in elderly and disabled population and household change; data on the demographic characteristics of the very low-income elderly in need of assisted living services (age, race, sex, household size, and tenure);extent of residents with frailty/limitations in existing federally assisted housing for the elderly (HUD and Rural

Housing Service); and an estimate of the very low-income elderly and disabled in need of assisted living taking into consideration any available state or local data.

c. A description of the extent, types, and availability and cost of alternate care and services locally, such as home health care; adult day care; housekeeping services; meals programs;

visiting nurses; on-call transportation services; health care; and providers of supportive services who address the needs of the local low income population.

d. A description of how information in the community's Consolidated Plan was used in documenting the need for the ALF (covering items in c. above). Your applications should also describe the specific steps you plan to undertake in affirmatively furthering fair housing to:

(1) Remedy discrimination in housing; and

(2) Promote fair housing rights and fair housing choice.

See Section III.C.5.b. of the General Section for a further discussion on affirmatively furthering fair housing.

Exhibit VI. A description of the physical construction aspects of the ALF conversion, including the following:

a. How you propose to carry out the physical conversion (including a timetable and relocation planning). Completion of the Logic Model will assist in completing your response to this

Exhibit.

b. A short narrative stating the number of units, special design features, community and office space/storage, dining and kitchen facility and staff space, and the physical relationship to the rest of the project.