Related Expenses,” which is the form that needs to be completed prior to receipt of the persons benefits. Said form should be completed by the displaced and non- displaced persons and returned to the project developer with supporting documentation and submitted to HCR prior to receipt of a Funding Commitment Letter (FCL).
Voluntary Acquisition
In general, if HOME funds are being used for acquisition, the acquisition must be voluntary in nature per 49 CFR 24.101(b) (1)-(5). The requirements for voluntary acquisition state that
no specific site or property needs to be acquired;
the property to be acquired is not part of an intended, planned or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits; the project developer will not acquire the property if negotiations fail to result in an amicable
agreement, and the owner is so informed in writing prior to the project developer making an offer; inform the owner in writing of what the project developer believes the market value of the property
to be; the acquisition of real property from a Federal Agency, State, or State Agency, if the project developer desiring to make the purchase does not have authority to acquire the property through condemnation;
the acquisition of real property by a cooperative from a person who, as a condition of membership in the cooperative, has agreed to provide without charge any real property that is needed by the cooperative; and,
a third party appraisal is required to support the finding that the purchase price is a fair price prior to sale.
Examples of the acquisition checklist can be found in HUD Handbook 1378 (Appendix 24). If you are operating a home buyer program, remember that even the owner occupant of the house being purchased with HOME funds is entitled to a notice that Federal funds are being used in the purchase transaction. The required notice must contain a waiver of relocation assistance whereby the seller acknowledges the applicability of relocation rules, and waives any right to relocation assistance as the sale is voluntary and the purchase price is a fair price (determined by a third party appraisal). Examples of the required notice can be found in HUD Handbook 1378 (Appendix 31).
Recordkeeping
A record of contacts with affected persons must be maintained. All records to demonstrate compliance with applicable laws, regulations, local housing and occupancy codes must be maintained. The Awardees of the HOME funding must maintain all records regarding acquisition and relocation actions and such records must be available for inspection by HCR or a HUD regional representative. All pertinent records shall be retained for the period specified in the applicable program regulations, but no less than three (3) years after the latest of:
1) The date by which all payments have been received by persons displaced for the project and all payments for the acquisition of the real property have been received;
2) The date the project has been completed;
3) The date by which all issues resulting from litigation, negotiation, audit, or other action (e.g., civil rights compliance) have been resolved and final action taken; or
4) For real property acquired with HUD funds, the date of final disposition (see 24 CFR 84.53 and 85.42).
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Attachment D7 – Fixed Income Worksheet
Use this worksheet ONLY if there is fixed ancillary income indicated in Exhibit 5, Table A1.c. See instructions in the worksheet.
Attachment E1 –Supportive Housing, Special Needs, and Aging in Place
Please note, Early Award applicants will need to demonstrate both readiness to proceed to construction within 120 days from award (150 days from award in the City of New York) AND advance one of the State housing goals listed in the UF 2015 RFP. Early Award applicants must also meet higher readiness standards for overall application completeness, funding commitments, local approvals, and other attachment submissions.
Applicants requesting MRT funding must attach as part of Attachment E1 a letter from the city, State, or federal agency that will be providing the service subsidy to the project substantiating that the targeted
population has historically had high Medicaid usage.
1. Plan for Serving Tenants who are Persons with Special Needs
If the project will serve one or more tenants who are persons with special needs, submit a narrative which describes or identifies the following:
a description of how the need and market for housing persons with special needs was established, including references to, and data from, any studies or analyses of the need for the proposed housing;
Information about the proposed Support Agency, including, but not limited to: the population and number of clients served, service provider’s relevant experience with the designated population, years of
experience, programming offered, staff functions as they are related to the project, how the agency is funded, and service area;
An explanation of how the Support Agency will provide services into the project, including who will provide services, what services will be provided, where they will be provided, and when they will be provided; and,
Submit any materials a Special Needs tenant must sign in order to receive services.
In addition, a Housing/Services Agreement, made between the project owner and the Support Agency (and approved by HCR), with an Attachment A consisting of a full description of the services to be provided to the project is required along with the narrative. A template of the Housing/Services Agreement can be found at:
http://www.nyshcr.org/Forms/SpecialNeeds/. 2. Plan for Supportive Housing
Supportive Housing shall mean projects which give preference in tenant selection to persons with special needs for at least 25 percent of the DHCR/HTFC assisted units, or such percentage of units as set forth in the annual request for proposals, and these units are supported by capital, service and rental subsidy. To be considered a Supportive Housing Project: