NOFO-Content_HSG-2600-DC-0053.pdf

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HSG-2600-DC-0053

Applications are due by 11:59:59 PM Eastern Time on 07/13/2026.

Multifamily Housing

U.S. Department of Housing and Urban Development

Project Rental Assistance Program of Section 811 Supportive Housing for Persons with Disabilities FY 2026

Table Of Contents HSG-2600-DC-0053 Page 2 of 65

I. BASIC INFORMATION

A. Summary

B. Agency Contact(s)

II. ELIGIBILITY

A. Eligible Applicants

B. Eligible Applications

C. Cost Sharing or Matching

III. PROGRAM DESCRIPTION

A. Purpose

B. Goals and Objectives

C. Authority

D. Unallowable Costs

E. Indirect Costs

F. Program History

G. Other Information

IV. APPLICATION CONTENTS AND FORMAT

A. Standard Forms, Assurances, and Certifications 23

B. Budget

C. Narratives and Other Attachments

D. Other Application Content

V. APPLICATION REVIEW INFORMATION

A. Threshold Review

B. Merit Review

C. Risk Review

D. Selection Process

E. Award Notices

VI. SUBMISSION REQUIREMENTS AND

DEADLINES

A. Deadlines

B. Submission Methods

C. Other Submission Information

D. False Statements

VII. POST-AWARD REQUIREMENTS AND

ADMINISTRATION

A. Administrative, National and Departmental Policy

Requirements, and General Terms and Conditions

B. Environmental Requirements

C. Remedies for Noncompliance

D. Reporting

VIII. CONTACT AND SUPPORT

A. Agency Contact

B. Grants.gov

C. SAM.gov

D. Debriefing

E. Applicant Experience Survey

F. Other Online Resources

APPENDIX

Appendix I. Definitions

TABLE OF CONTENTS

Before You Begin HSG-2600-DC-0053 Page 3 of 65

If you are a good candidate for this funding opportunity, register in the required systems and review the application materials. If you are already registered, confirm that your information is current and active.

SAM.gov Registration You must have an active and up-to-date account with SAM.gov, at the time of application and throughout the life of any award.

To register, go to SAM.gov Entity Registration and click Get Started. From the same page, you can also click the Entity Registration Checklist for the information you will need to register.

It can take several weeks to register in SAM.gov, so get started now if you are planning to apply. SAM.gov also provides each organization with a unique entity identifier (UEI). A valid UEI is required to apply for funding.

Grants.gov Registration You must have an active Grants.gov registration. This requires a Login.gov registration as well. See step-by-step instructions at the Grants.gov Quick Start Guide for Applicants. You must apply for funding using Grants.gov, unless HUD has approved your waiver request.

See Section VI.B. Submission Methods.

Find the Application Package Use the Grants Search at Grants.gov and search for opportunity number HSG-2600-DC-0053.

The application package has all the online forms you need to apply. You also need to access the Download Instructions link and review the content before you apply.

If you have other technical difficulties using Grants.gov, contact the Support Center on Grants.gov.

To get updates on changes to this notice of funding opportunity (NOFO), click Subscribe from the View Grant Opportunity page on Grants.gov.

Application Deadline Applications are due by 11:59:59 PM Eastern Time on 07/13/2026.

HUD Listserv To get email alerts about current and future funding opportunities, subscribe to HUD’s Funding Opportunities listserv.

BEFORE YOU BEGIN

https://sam.gov/ https://sam.gov/content/entity-registration https://sam.gov/ https://sam.gov/ https://grants.gov/ https://login.gov https://www.grants.gov/quick-start-guide/applicants https://grants.gov/ https://grants.gov/ https://grants.gov/ https://grants.gov/ https://www.hud.gov/subscribe/signup?listname=HUD%20Funding%20Opportunities&list=HUD-FUNDING-OPPORTUNITIES-L https://www.hud.gov/subscribe/signup?listname=HUD%20Funding%20Opportunities&list=HUD-FUNDING-OPPORTUNITIES-L

I. Basic Information

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and Support

Appendix

I. BASIC INFORMATION

I. Basic Information

A. Summary

B. Agency Contact(s)

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

I. Basic Information HSG-2600-DC-0053 Page 5 of 65

I. BASIC INFORMATION See Contact and Support section of this NOFO.

A. Summary Federal Agency Name:

United States Department of Housing and Urban Development (HUD) HUD Program Office:

Multifamily Housing Announcement Type:

Initial Program Type:

Discretionary Paperwork Reduction Act Information:

2502-0608 Due Date for Intergovernmental Review:

See Section VI.C.1.

1. NOFO Summary The Project Rental Assistance of Section 811 Supportive Housing for Persons with Disabilities (811 PRA) provides competitive awards to state housing and other appropriate agencies for project-based rental operating assistance for extremely low-income persons with disabilities. The 811 PRA program allows HUD to delegate the award and oversight of

Key Facts Opportunity Name:

Project Rental Assistance Program of Section 811 Supportive Housing for Persons with Disabilities FY Opportunity Number:

HSG-2600-DC-0053

Federal Assistance Listing(s):

14.326

Key Dates Application Due Date:

11:59:59 PM Eastern Time on:

07/13/2026 Anticipated Award Date:

09/01/2026 Estimated Performance Period Start Date:

10/01/2026 Estimated Performance Period End Date:

09/30/2046

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

I. Basic Information HSG-2600-DC-0053 Page 6 of 65

Section 811 operating assistance to those that: 1) can fully fund the initial costs of the Section 811 units without a traditional Section 811 capital advance grant from HUD and, 2) demonstrate a strong collaboration with their Health and Human Service/Medicaid agency to comprehensively address the needs of persons with disabilities.

For further information regarding this NOFO, direct questions to the Agency Contact.

2. Funding Details Type of Funding Instrument CA (Cooperative Agreement)

Available Funds Funding of approximately $158,000,000 is available through this NOFO.

Additional funds may become available for award. Use of these funds is subject to statutory constraints. All awards are subject to the selection process contained in this NOFO.

Estimated Number of Awards 16 awards from available funding Length of Performance Period:

60-month project period and budget period Length of Periods Explanation:

The initial Period of Performance begins on the start date of the Cooperative Agreement and extends for 20 years from that date. However, pursuant to the terms of the Cooperative Agreement, the 20-year end date is extended to the last day of the final Rental Assistance Contract executed under the Cooperative Agreement.

The initial award under the Cooperative Agreement provides five years of rental assistance, as required by statute. After those funds are expended, additional funding may be provided to grantees through amendments, subject to the availability of appropriations from Congress.

B. Agency Contact(s) See Contact and Support section of this NOFO.

II. ELIGIBILITY

II. Eligibility

A. Eligible Applicants

B. Eligible Applications

C. Cost Sharing or Matching

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

II. Eligibility HSG-2600-DC-0053 Page 8 of 65

II. ELIGIBILITY

A. Eligible Applicants If your organization is not an eligible applicant, your application won’t be reviewed or scored, and you won’t receive funding from HUD.

1. Eligible Entity Types:

00 (State governments) Additional Information on Eligibility You cannot apply as an individual.

Eligible applicants are state or local housing agencies currently allocating Low Income Housing Tax Credits (LIHTC) under Section 42 of the Internal Revenue Service Code of 1986 (IRC) or any state or local jurisdiction allocating and overseeing assistance under the HOME Investment Partnerships Act (HOME) program and/or a federal or state program similar to LIHTC or HOME. To be eligible, the state housing agency must have an Inter-Agency Partnership Agreement with (1) the state agency responsible for health and human services programs and (2) the state agency designated to administer or supervise the administration of the state's plan for medical assistance under title XIX of the Social Security Act (42 U.S.C.

§ 1396, et seq.), i.e. Medicaid. Only one applicant from each state can receive funding. In the event that more than one applicant from the same state applies, the State's Health and Human Services/Medicaid agency must decide which applicant to partner with for this application. If that State Health and Human Services/Medicaid Agency is listed in multiple applications, none will be considered.

a. Ineligible to Apply. Individuals, for-profit entities, and non-profit entities are not eligible applicants

b. Troubled Status. If an applicant has any outstanding HUD or Office of Inspector General (OIG) audit findings, or has been designated “Troubled” by HUD or any other governmental entity, HUD will use documents and information available to decide if they can still apply. The applicant may still be eligible to apply if HUD determines one or more of the following:

1. The finding or designation will not impact their ability to perform the grant activities.

2. They are working to correct the issues that led to the designation or finding.

3. They are in compliance with Fair Housing or other Civil Rights requirements and have addressed outstanding matters consistent with the provisions set forth in Section V.A.2 of this NOFO.

4. HUD determines them to be capable of successfully executing all required grant activities.

2. Restrictions

a. Statutory and Regulatory Requirements You must meet the current General Statutory and Regulatory Eligibility Requirements. If you do not meet these requirements, your application won’t be scored, and you won’t receive https://www.hud.gov/sites/dfiles/OCHCO/documents/Eligibility-Requirements-Addendum-FY2025.pdf

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

II. Eligibility HSG-2600-DC-0053 Page 9 of 65 funding from HUD. This is a threshold requirement for all HUD funding.

b. Resolution of Civil Rights Matters If you have any outstanding or unresolved judgments for violating civil rights laws, you must settle them before you apply. If you don’t, settle the civil rights law violations before you apply, your application won’t be scored, and you won’t receive funding from HUD. This is a threshold requirement for all HUD funding.

c. Funding Restrictions Section 811 PRA funds are available for rental assistance to eligible multifamily owners according to the terms executed in the Rental Assistance Contracts. Any other use of these funds is prohibited. The maximum eight percent (8%) Administrative Cost funds is available to reimburse the grantee for administrative costs associated with the administration of the 811 PRA grant.

B. Eligible Applications

1. An application from an eligible entity is considered for funding if it meets basic threshold requirements and passes merit review.

2. Your application must support the goals of this NOFO.

3. Awards made under this NOFO will not be used to conduct activities that subsidize or facilitate illegal racial preferences or other forms of illegal discrimination, including activities where race or intentional proxies for race will be used as a selection criterion for employment or program participation.

C. Cost Sharing or Matching This Program does not require cost sharing or matching.

https://www.ecfr.gov/current/title-2/part-200/section-200.1#p-200.1(Cost%20sharing%20or%20matching)

III. PROGRAM DESCRIPTION

III. Program Description

A. Purpose

B. Goals and Objectives

C. Authority

D. Unallowable Costs

E. Indirect Costs

F.

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

Deadlines

VII. Post-Award Requirements and

Administration

VIII. Contact and

III. Program Description HSG-2600-DC-0053 Page 11 of 65

III. PROGRAM DESCRIPTION

A. Purpose The 811 PRA program promotes the development of innovative state-level strategies to increase access to new and existing affordable supportive housing units for persons with disabilities. The program also supports collaborations between State Housing Agencies and State Health and Human Service/Medicaid Agencies to increase access to supportive services. Many states have already formed partnerships to address this need, and HUD intends to further support these efforts while incentivizing other states to take similar approaches.

This program gives states the flexibility to award and administer these funds to address the shortage of affordable and integrated housing for persons with disabilities. Housing agencies may either directly administer the rental assistance contracts for eligible properties or contract with other qualified parties to administer this assistance.

B. Goals and Objectives The desired outcomes of the program include:

• Facilitating and sustaining effective and successful partnerships between State Housing or other appropriate housing agencies and State Health and Human Service/Medicaid agencies to provide permanent housing with the availability of supportive services for extremely low-income persons with disabilities.

• Integrating affordable housing with access to appropriate services for persons with disabilities.

• Substantially increasing integrated affordable rental housing units for persons with disabilities within existing, new, or rehabilitated multifamily properties with a mix of incomes and disability status in well-resourced neighborhoods of opportunity.

C. Authority This 811 PRA program is authorized by Section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as amended. Funding for this NOFO is provided by the Consolidated Appropriation Act, 2023 (Public Law 117-328, approved December 29, 2022).

D. Unallowable Costs Funding under this NOFO must be used in accordance with the allowable uses as defined in Section II.A.c., Funding Restrictions. Funding under this NOFO must not be used to support:

1. Capital advance or the development of units.

2. Section 8 Project-based or tenant-based vouchers

3. Restrictions identified in Section III.G.2, below, Limitation on Units Assisted.

E. Indirect Costs If you expect to charge indirect costs to the award, submit the Indirect Cost Information for https://www.ecfr.gov/current/title-2/part-200/section-200.1#p-200.1(Indirect%20cost)

II. Eligibility III. Program Description

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III. Program Description HSG-2600-DC-0053 Page 12 of 65

Award Applicant/Recipient form (HUD-426) with your application.

For the applicable indirect cost requirements including federally negotiated indirect cost rates, see 2 CFR part 200, subpart E and 2 CFR part 200, Appendix VII.

F. Program History Changes from Previous NOFO

1. The Applicable Goals and Objectives from HUD’s Strategic Plan requirements have been removed.

2. Narrative responses on Diversity Equity and Inclusion; Affirmatively Furthering Fair Housing, Climate Change, Environmental Justice and Equity Requirements have been removed or modified to ensure compliance with the following executive orders including, but not limited to: Executive Order 14148, Initial Rescission of Harmful Executive Orders and Actions; Executive Order 14151, Ending Racial and Wasteful Government Programs and Preferences; Executive Order 14154, Unleashing American Energy; and Executive Order 14260, Protecting American Energy from State Overreach.

3. Section III.G.9. Program Specific Requirement. Approved Rent and Rent Adjustments:

Initial rent limits tied to Fair Market Rent (FMR) were removed; annual rents adjustments still use Operating Cost Adjustment Factor (OCAF) or a lower alternative justification, and a rent comparability study can now be requested once every five years.

4. Section III.G. Program Specific Requirements. Removed “Limited English Proficiency (LEP)” and “Energy and Water Conservation” requirements. The Fair Housing and Civil Rights Laws clause is revised to reflect all relevant nondiscrimination requirements. See Section III.G.11.

5. Further details on the award notices were added in Section III.E. to enhance applicant understanding of the selection letter, Cooperative Agreement negotiations, restrictions on award amounts, and the final award.

6. Leadership and Key Staff’s Capacity in Rating Factor 1 has moved to Rating Factor 3 under Management and Coordination. The two points assigned to that section were moved to Compliance and Monitoring Experience (from 4 to 5 points) and Managing Section 8 Project-based Rental Assistance programs using HUD’s TRACS (from 5 to 6 points).

7. PRA Funding Structure under Rating Factor 2 has moved to Property Selection Criteria for new construction, and the two points assigned were adjusted with that sub-factor, increasing from 8 to 10 points.

8. Using Housing as a Platform for Improving Quality of Life under Rating Factor 2 has been revised to include additional requirements to describe anticipated savings and reduction in cost and how those savings will help increase housing opportunities.

9. Added new reporting requirement and standardized text for remedies of noncompliance (see Section VII).

10. Added notice of HUD's plan to implement new grant management and reporting tool (see Section VII).

G. Other Information

II. Eligibility III. Program Description

IV. Application Contents and

Format

V. Application Review

Information

VI. Submission Requirements and

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VII. Post-Award Requirements and

Administration

VIII. Contact and

III. Program Description HSG-2600-DC-0053 Page 13 of 65

Program-Specific Requirements

1. Limitation on Populations Served. Section 811 PRA funds may only be provided for housing units set aside for extremely low-income households, where at least one person in the household has a long-term disability and is between 18 and 61 years of age at the time of admission. Furthermore, a person with a long-term disability served under this program must be eligible for community-based long-term care services and support under the state’s plan for medical assistance under Title XIX of the Social Security Act. This includes Medicaid 1915(c) waivers, the Medicaid 1915(i) option, the Medicaid Rehabilitation option, certain Medicaid 1115 demonstration waivers and similar successor programs, or other federal or state appropriate or targeted community-based long-term service and support programs that the state certifies are comparable to Medicaid long-term care services. Additionally, applicants may identify specific targeted populations of persons with disabilities (e.g., persons who are institutionalized, at serious risk of institutionalization, homeless, or at risk of homelessness).

2. Limitation on Units Assisted. Eligible multifamily properties may only receive Section 811 PRA funds if the property does not already have an existing use restriction or a contractual obligation to serve persons with disabilities, as described below.

a. Units already receiving any form of federal or state housing operating assistance (such as project-based Section 8) are ineligible to receive Section 811 PRA assistance. If there are some units in a property receiving other federal or state housing assistance, Section 811 PRA funds may support other units in the building without such subsidy. Existing units receiving any form of long-term operating housing subsidy within a six-month period prior to receiving Section 811 PRA funds, such as assistance under project-based Section 8, are ineligible to receive this assistance. Please note that the Low-Income Housing Tax Credit is not considered a long-term operating subsidy.

b. Units with Use Agreements requiring housing for persons 62 or older are not eligible to receive Section 811 PRA funds.

c. No more than 25 percent of the total units in eligible multifamily properties can:

1. be used for supportive housing for persons with disabilities (either under the Section 811 PRA program or any other federal or state program); or

2. have any occupancy preference for persons with disabilities.

d. Units must be dispersed throughout the property and must not be segregated to one area of a building such as on a particular floor or part of a floor in a building or in certain sections within a project. Owners do not need to designate specific units (e.g., units 101, 201, etc.) to be set aside for Section 811 PRA supportive housing units. This allows flexibility in offering the next available unit to a person with a disability if the number of units occupied by persons with disabilities under the set-aside has not been met. NOTE: Applicants may not prohibit persons with disabilities from applying for residency or residing in non-Section 811 PRA units.

3. Inter-Agency Partnership Agreement. Applicants must provide evidence of a formalized structure for collaboration between the Applicant and the state agency charged with administering state health and human services programs and policy and the state Medicaid programs as more fully described above in Section III.D.3. In states where these functions

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III. Program Description HSG-2600-DC-0053 Page 14 of 65 have been separated, both agencies' participation must be evidenced.

4. Rental Assistance Contract (RAC). A contract must be executed between the Grantee administering the Section 811 PRA funds and each owner of a Multifamily Property, in a manner and form as determined by HUD. The initial term of such contracts between the Grantee and the Multifamily Property owners shall have a minimum term of 20 years;

however, financial support from HUD following initial funding is subject to available appropriations. Contracts may be renewed if all parties agree; however, funding under the terms of the contract will be subject to the availability of federal appropriations. Grantees may include an addendum to the RAC, subject to written HUD approval, provided that the provisions of the addendum do not conflict with any requirement under the NOFO or the Cooperative Agreement, or any HUD or federal requirements.

5. Administration of the Rental Assistance Contracts (RACs). Grantees will be responsible for administering the Section 811 PRA Program, managing the RACs, and maintaining and adhering to all applicable HUD and other federal requirements. HUD, or its designee, reserves the right to assume and administer the RACs at any time as a result of material non-compliance or nonperformance by the Grantee is determined by HUD.

6. Use Restriction. Housing assisted with Section 811 PRA must have a minimum 30-year use restriction for extremely low-income persons with disabilities. The terms and conditions of the Use Agreement and its enforcement shall be specified in the Cooperative Agreement and the RAC. If Congress fails to appropriate funds adequate to meet future renewal needs pursuant to the Cooperative Agreement, HUD will not enforce any Use Agreements on properties that have been funded under such agreement. However, under such a circumstance, and in accordance with policies, requirements and terms of the Cooperative Agreement, as will be established by HUD, HUD will allow grantees to continue to enforce or terminate such use agreements at the Grantees’ discretion.

7. Tenant’s Contribution to Rent. The tenant’s rent contribution shall not exceed 30 percent of the family’s adjusted monthly income, as determined through an income certification as required in 24 CFR 891.610 and described in the RAC part II (see form HUD-92237).

1. TRACS. Grantees will be required to ensure that tenant data is entered into HUD’s Tenant Rental Assistance Certification System (TRACS) in the administration of the Section 811 PRA program.

2. EIV. Grantees must use HUD’s Enterprise Income Verification (EIV) System to verify the income for all tenants of Section 811 PRA assisted units.

8. Tenant Lease Term. The initial lease term shall not be less than one year. The lease used must be the most current HUD form (HUD-92236). Grantees may include an addendum to the HUD lease, with prior written HUD approval, provided that the provision(s) of the addendum do not conflict with any requirement under the HUD lease, the NOFO, the Cooperative Agreement, 2 CFR part 200, or any HUD or other federal requirements.

9. Approved Rent and Rent Adjustments. Applicants must clearly outline how contract rents will initially be established. Under no circumstances may the initial RAC rent level exceed the applicable Section 8 Small Area Fair Market Rent or Fair Market Rent (FMR) level as determined by HUD, unless such rent level is substantiated by a market study that has https://www.hud.gov/sites/dfiles/OCHCO/documents/92237.pdf https://www.hud.gov/sites/dfiles/OCHCO/documents/92236.pdf

II. Eligibility III. Program Description

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III. Program Description HSG-2600-DC-0053 Page 15 of 65 been prepared and reviewed in accordance with the requirements of a state housing agency, Chapter 9 of HUD’s Section 8 Renewal Guide (see Section_8_Renewal_Guidebook- 20March_2023.pdf or as approved by HUD. After the initial rent setting, contract rents must be adjusted annually based upon HUD’s Operating Cost Adjustment Factor (OCAF) or another operating cost index proposed by the grantee if less than OCAF. Not more than once every five years, the grantee may request an operating cost adjustment factor based on a rent comparability study as outlined in Chapter 9 of the Section 8 Renewal Guide. If requesting an operating cost factor other than OCAF, please provide justification. HUD reserves the right to reject the alternate methodology for calculating rents. For the most recent guidance on OCAF, please see Federal Register :: Notice of Certain Operating Cost Adjustment Factors for 2025.

10. Barrier Free/Accessibility Requirement for Units, Buildings, and Facilities, Including Public and Common Use Areas. Selected properties must comply with the accessibility and design and construction requirements of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8, the Americans with Disabilities Act and implementing regulations at 28 CFR parts 35 and 36, the Fair Housing Act and implementing regulations at 24 CFR part 100, and the Architectural Barriers Act of 1968 and its implementing regulations at 24 CFR part 40, as applicable. All applicable laws must be read together and followed. HUD applies the Uniform Federal Accessibility Standards (UFAS) through its regulations under 24 CFR part 8. Recipients may alternatively choose to use HUD’s Deeming Notice for purposes of compliance with HUD’s Section 504 physical accessibility requirements. See 79 FR 29671 (May 23, 2014). Specifically, a minimum of five percent of units must be accessible for individuals with mobility disabilities and an additional two percent of units must be accessible for individuals with vision or hearing disabilities. See 24 CFR 8.22. Accessible dwelling units are required to be distributed across the range of bedroom sizes and configurations pursuant to 24 CFR 8.26. Section 811 PRA assisted units can consist of a mix of designated accessible mobility units, designated accessible vision/hearing units, and non-designated accessible units.

11. Compliance with Fair Housing and Civil Rights Laws. Grantees and owners of eligible properties must comply with fair housing and civil rights requirements. This includes the nondiscrimination and affirmative fair housing requirements set forth in 24 CFR part 5 and 24 CFR part 200, Subpart M. In addition, grantees will be required to certify through written assurances that they will comply with the requirements of the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Titles II and III of the Americans with Disabilities Act and the Federal nondiscrimination requirements in 24 CFR part 5, subparts A and L. For civil rights protections, Persons with Disabilities shall have the meaning provided in Section 504 of the Rehabilitation Act (24 CFR § 8.3), the Fair Housing Act (24 CFR § 100.201), and the Americans with Disabilities Act (28 CFR § 35.108).

12. Full Disclosure of Available Housing. Grantees and/or owners must provide full disclosure to each tenant applicant of a Section 811 PRA unit of all options available to them in the selection of the property in which to reside, including basic information about available sites (e.g., location, number and size of accessible units, access to transportation and commercial facilities) and an estimate of the period the applicant would likely have to wait to be admitted to units of different sizes and types (e.g., a standard unit, mobility accessible unit, https://www.hud.gov/hud-partners/multifamily-section8-renewal https://www.hud.gov/hud-partners/multifamily-section8-renewal https://www.federalregister.gov/documents/2024/12/11/2024-29016/notice-of-certain-operating-cost-adjustment-factors-for-2025 https://www.federalregister.gov/documents/2024/12/11/2024-29016/notice-of-certain-operating-cost-adjustment-factors-for-2025 https://www.federalregister.gov/documents/2014/05/23/2014-11844/nondiscrimination-on-the-basis-of-disability-in-federally-assisted-programs-and-activities

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III. Program Description HSG-2600-DC-0053 Page 16 of 65 vision/hearing accessible unit, or unit with accessible features) at each site. If a non-designated accessible unit is unavailable, an individual with a disability can choose to reside in a standard unit. In such occurrences, owners are still required to provide and pay for reasonable accommodations for qualified individuals with disabilities, which includes structural modifications to existing dwelling units and public use and common use areas, to make effective use of the Grantee’s program.

13. Effective Communication. Pursuant to Section 504 of the Rehabilitation Act of 1973 and, as applicable, the Americans with Disabilities Act, Grantees must ensure that all communications are provided in a manner that is effective for persons with disabilities, to include individuals with hearing, visual, and other communications-related disabilities. This includes employing accessible means of technology to ensure that persons with disabilities can access information, providing information in accessible and alternative formats, and providing appropriate auxiliary aids and services. See 24 CFR 8.6.

14. Davis-Bacon Labor Standards. All laborers and mechanics (other than volunteers under the conditions set out in 24 CFR part 70) employed by contractors and subcontractors in the construction (including rehabilitation) of housing with 12 or more units assisted under this NOFO shall be paid wages at rates not less than those prevailing in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C.

3141 et seq.). Contracts involving employment of laborers and mechanics shall be subject to the provisions of the Contract Work Hours and Safety Standards Act (CWHSSA) (40 U.S.C 3701 et seq.). Owners of Multifamily Properties, contractors, and subcontractors must comply with all related rules, regulations, and requirements. Applicants shall be responsible for ensuring inclusion of appropriate contract provisions, monitoring to ensure compliance, and correction of violations in accordance with HUD guidance. Projects where construction is fully complete before an application is submitted to the Grantee to receive assistance under the Section 811 PRA are not subject to Davis-Bacon or CWHSSA requirements, except to the extent that the project is also assisted under another federal program that is subject to such requirements (e.g., the HOME program). In accordance with U.S. Department of Labor regulations at 29 CFR 1.6(g), if a project is approved by an Applicant to receive Section 811 PRA assistance after a contract for construction of the project has been awarded (or after the beginning of construction where there is no contract award) but before completion of construction, the state housing agency shall require that the wage determination effective on the date of award (or beginning of construction) be incorporated into the construction contract retroactively to the date of award or beginning of construction. Grantees may request the HUD Office of Davis-Bacon and Labor Standards to seek approval from the U.S. Department of Labor for the incorporation of a wage determination to be effective on the date of the state housing agency’s approval of Section 811 PRA assistance for the project. Such approval may be granted only where there is no evidence of intent to apply for federal assistance for the project prior to contract award or start of construction.

15. Housing Standard for Section 811 PRA Assisted Units. All Section 811 PRA units must meet local and state housing code, ordinances, and zoning requirements and minimum requirements set forth in the National Standards for the Physical Inspection of Real Estate:

Inspection Standards. For more information, visit REAC’s NSPIRE website.

16. Environmental Requirements and Environmental Assurance. As HUD does not https://www.federalregister.gov/documents/2023/06/22/2023-13293/national-standards-for-the-physical-inspection-of-real-estate-inspection-standards?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list https://www.federalregister.gov/documents/2023/06/22/2023-13293/national-standards-for-the-physical-inspection-of-real-estate-inspection-standards?utm_source=federalregister.gov&utm_medium=email&utm_campaign=subscription+mailing+list https://www.hud.gov/program_offices/public_indian_housing/reac/nspire

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III. Program Description HSG-2600-DC-0053 Page 17 of 65 approve program funding for specific activities or projects of the Applicants in the 811 PRA program, it will not perform environmental reviews on such activities or projects. However, to ensure that the tenets of HUD environmental policy and the requirements of applicable statutes and authorities are met, Applicants selected for funding will be required to implement the following analysis and determinations for specific program activities and projects unless:

• The property is existing, is currently HUD-assisted or HUD-insured, and will not engage in activities with physical impacts or changes beyond routine maintenance activities or minimal repairs, or

• The project already has environmental clearance under 24 CFR Part 50 or Part 58 (see note below).

For projects that do not meet one of the above exceptions, the Applicant’s signature on the application shall constitute an assurance that the applicant, if selected, will implement the requirements below, as applicable to existing and new projects. If, at the time that a project applies for PRA assistance, the project is under construction or being rehabilitated and work has progressed beyond a stage of construction where modifications can be undertaken to avoid the adverse environmental impacts addressed by the requirement, the project shall not be subject to the environmental requirements applicable to new construction or rehabilitation but shall be subject to the remaining environmental requirements. Citations to authorities in the following paragraphs are for reference only; to the extent that property standards or restrictions on the use of properties stated in the following paragraphs are more stringent than provisions of the authorities cited, the requirements stated in the following paragraphs shall control:

NOTE: Projects that include funding from other HUD programs (such as HOME) or that have mortgage insurance through FHA can use the environmental clearance under those programs in lieu of 811 PRA NOFO requirements as long as the environmental reviews were completed within 5 years and the project description covers the units proposed for assistance.

a. Site Contamination (24 CFR 50.3(i)). It is HUD policy that all properties for use in HUD-assisted housing be free of hazardous materials, contamination, toxic chemicals and gases, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property (24 CFR 50.3(i)(1)). Therefore, projects applying for assistance shall:

Assess whether the site (i) is listed on an Environmental Protection Agency (EPA) Superfund National Priorities or Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) list or equivalent State list; (ii) is located within 3,000 feet of a toxic or solid waste landfill site; (iii) has an underground storage tank other than a residential fuel tank; or (iv) is known or suspected to be contaminated by toxic chemicals or radioactive materials. If none of these conditions exist, a letter certifying these findings must be submitted and maintained in the site’s environmental record. If any of these conditions exist, the grantee must provide an ASTM Phase I Environmental Site Assessment (ESA) in accordance with ASTM E 1527-21 (or the most recent edition).

NOTE: A Phase I ESA which complies with these standards and was prepared

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III. Program Description HSG-2600-DC-0053 Page 18 of 65 within the Phase I ESA continuing viability time frame for the acquisition of the property or a real estate transaction (construction, rehabilitation, or refinancing) for the property, will be deemed acceptable.

If a Phase I ESA is conducted and the Phase I ESA identifies Recognized Environmental Conditions (RECs), a Phase II ESA in accordance with American Society for Testing and Materials (ASTM) E 1903-19 (or the most recent edition) shall be performed. Any hazardous substances and/or petroleum products that are identified at levels that would require clean-up under State policy shall be cleaned up in accordance with the State’s clean-up policy. Risk-Based Corrective Actions are permitted if allowed under a State’s clean-up policy.

b. Historic Preservation (54 U.S.C. § 300101 et seq.)

1. As the various States, Territories, Tribes and municipalities have established historic preservation programs to protect historic properties within their jurisdiction, all work on properties identified as historic by the State, Territory, Tribe, or Municipality, as applicable, must comply with all applicable State, territorial, and tribal historic preservation laws and requirements. Projects affecting locally designated historic landmarks or districts must comply with, local historic preservation ordinance and permit conditions.

2. In addition, all work on properties listed on the National Register of Historic Places, or which the Eligible Applicant knows are eligible for such listing, must comply with “The Secretary of the Interior’s Standards for Rehabilitation.” Complete demolition of such properties would not meet the Standards and is prohibited.

3. On site discoveries. If archaeological resources and/or human remains are discovered on the project site during construction, the recipient must comply with applicable State, tribal, or territory law, and/or local ordinance (e.g., State unmarked burial law).

c. Noise (24 CFR part 51, subpart B - Noise Abatement and Control). All activities and projects involving new construction shall be developed to ensure an interior noise level of 45 decibels (dB) or less. In this regard and using the day-night average sound level (Ldn), sites not exceeding 65 dB of environmental noise are deemed to be acceptable; sites above 65 dB require sound attenuation in the building shell to 45 dB; and sites above 75 dB shall not have noise sensitive outdoor uses (e.g. picnic areas, tot lots, or patios) situated in areas exposed to such noise levels.

NOTE: Balconies are allowed as per Notice CPD-16-19: Balcony Policy Under 24 CFR 51, subpart B as it Applies to Parts 50 and 58 Regarding Building Facades Exposed to Noise.

d. Airport Clear Zones (24 CFR part 51, subpart D - Siting of HUD Assisted Projects in Runway Clear Zones at Civil Airports and Clear Zones and Accident Potential Zones at Military Airfields). No activities or projects shall be permitted within the "airport clear zones" or the “accident potential zones" of military airfields or the runway protection zones of civilian airports.

e. Coastal Zone Management Act (16 U.S.C. 1451 et seq.). Activities and projects shall be consistent with the appropriate state coastal zone management plan. Plans are available from the local coastal zone management agency.

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f. Floodplains (Executive Order 11988; Flood Disaster Protection Act (42 U.S.C. 4002 et seq.)); National Flood Insurance Reform Act (P.L. 108-264)). No new construction activities or projects shall be located in the mapped 100-year floodplain according to FEMA’s best available data, which may be Advisory Base Flood Elevations (ABFEs), Preliminary Flood Insurance Rate Maps (P-FIRMs), or Flood Insurance Rate Maps (FIRMs). New construction activities are also prohibited in the mapped 500-year floodplain unless the Applicant determines that there are no alternatives outside of the 500-year floodplain within the metropolitan area, with access to transportation and services. Existing structures and structures in the 500-year floodplains where there are no alternatives may be assisted in either the 100-year or 500-year floodplain, except for sites located in coastal high hazard areas (V Zones) or regulatory floodways, but must meet the following requirements:

1. The existing structures must be flood-proofed or must have the lowest habitable floor and utilities elevated at or above either the 500-year floodplain elevation (for structures located in the 500-year floodplain) or the 100-year floodplain elevation (for structures located in the 100-year floodplain) according to FEMA’s best available data.

2. The project must have an early warning system and evacuation plan that includes evacuation routing to areas outside of the applicable floodplains.

3. Project structures in the 100-year floodplain according to FEMA’s best available data must obtain flood insurance under the National Flood Insurance Program. No activities or projects located within the 100-year floodplain may be assisted in a community that is not participating in or has been suspended from the National Flood Insurance Program.

g. Wetlands (Executive Order 11990). No new construction shall be performed in wetlands.

No rehabilitation of existing properties shall be allowed that expands the footprint such that additional wetlands are destroyed. New construction includes draining, dredging, channelizing, filling, diking, impounding, and related grading activities. The term wetlands are intended to be consistent with the definition used by the U.S. Fish and Wildlife Service in Classification of Wetlands and Deep Water Habitats of the United States (Cowardin, et al., 1977). This definition includes those wetland areas separated from their natural supply of water as a result of activities such as the construction of structural flood protection methods or solid-fill road beds and activities such as mineral extraction and navigation improvements.

h. Siting of Projects Near Hazardous Operations Handling Conventional Fuels or Chemicals of an Explosive or Flammable Nature (24 CFR part 51, Subpart C). Un-shielded or unprotected new construction sites shall be allowed only if they meet the standards of blast over-pressure (0.5psi – buildings and outdoor unprotected facilities) and thermal radiation (450 BTU/ft2 -hr – people, 10,000 BTU/ft2 -hr – buildings) from facilities that store, handle, or process substances of explosive or fire prone nature in stationary, above ground tanks/containers. Containers used to hold liquefied petroleum gas with a volumetric capacity not to exceed 1,000 gallons water capacity are acceptable if they comply with the National Fire Protection Association (NFPA) Code 58 (Liquefied Petroleum Gas Code) (2017) (incorporated by reference, see § 51.201(5)).

i. Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Project activities shall not be permitted that would result in a taking of a threatened or endangered plant or animal species

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III. Program Description HSG-2600-DC-0053 Page 20 of 65 as listed under the Endangered Species Act of 1973. Taking includes: to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Project activities are not permitted that would result in the destruction or adverse modification of critical habitat of such species. Maps for listed species and geographic habitat by state can be found at: Environmental Conservation Online System.

j. Farmland Protection (7 U.S.C. 4201 et seq.). Project activities shall not result in the irreversible conversion of unique, prime, or otherwise productive agricultural properties to urban uses.

k. Sole Source Aquifers (Section 1424(e) of the Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 et seq., and 21 U.S.C. 349)). Any new construction activities and projects located in federally designated sole source aquifer areas (SSA's) shall require consultation and review with the U.S. Environmental Protection Agency. Information regarding location and geographic coverage of the 73 federally designated SSA's can be found at: Federally Designated SSA's.

17. Coastal Barrier Resources Act. Grantees must adhere to the Coastal Barrier Resources Act which prohibits activities or projects in Coastal Barrier Resource System (CBRS) units.

CBRS units are mapped and available from the Fish and Wildlife Service at:

https://www.fws.gov/program/coastal-barrier-resources-act.

18. Flood Insurance. (Flood Disaster Protection Act of 1973 (Public Law 93-234, as amended). Project structures in the 100-year floodplain must obtain flood insurance under the National Flood Insurance Program. No activities or projects located within the 100-year floodplain may be assisted in a community that is not participating in or has been suspended from the National Flood Insurance Program.

19. Program Income. Eligible Applicant must have knowledge and experience to identify and account for program income as defined in 2 CFR 200.1.

20. Procurement of Recovered Materials. Requirements for the procurement of recovered materials apply to this program as described in 2 CFR 200.323.

21. Period of Performance. The period of performance is 20 years and shall begin with the execution date and terminate on the expiration date of the Cooperative Agreement. The Cooperative Agreement may extend to align with the Grantee’s very last Rental Assistance Contract (RAC), but not less than 20 years.

22. HUD's Electronic Line of Credit Control System. Grantees must be eligible to acquire rights and access under HUD's Electronic Line of Credit Control System (eLOCCS) as approved by HUD. This is the sole mechanism for drawing funds.

23. Program Evaluation. As a condition of the receipt of financial assistance under this NOFO, all Grantees will be required to cooperate with HUD, Department of Health and Human Services (HHS), and Centers for Medicare & Medicaid Services (CMS), or any contractors affiliated with HUD, HHS, and CMS in the evaluation of this program. The authorizing legislation requires HUD to submit regular Reports to Congress on the implementation and effectiveness of the Section 811 PRA Program.