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11958 Federal Register / Vol. 61, No. 57 / Friday, March 22, 1996 / Rules and Regulations 13
<br /> Rehabilitation means the reservations made in prior years,for working condition,on each level of the
<br /> ' improvement of the condition of a technical assistance,and for other unit.
<br /> property from deteriorated or contracted services.
<br /> substandard to good condition. 1891.125 Site and neighborhood
<br /> Rehabilitation may vary in degree from §891.115 Notice of funding availability. standards.
<br /> the gutting and extensive reconstruction Following an allocation of authority All sites must meet the following site
<br /> to the cure of substantial accumulation under§891.110,HUD shall publish a and neighborhood requirements:
<br /> of deferred maintenance.Cosmetic separate Notice of Funding Availability (a)The site must be adequate in size,
<br /> improvements alone do not qualify as (NOFA)for the Section 202 Program of exposure,and contour to accommodate
<br /> rehabilitation under this definition. Supportive Housing for the Elderly and the number and type of units proposed,
<br /> Rehabilitation may also include for the Section 811 Program of and adequate utilities(water,sewer,gas,
<br /> renovation,alteration,or remodeling for Supportive Housing for Persons with and electricity) and streets must be
<br /> the conversion or adaptation of Disabilities in the Federal Register.The available to service the site.
<br /> structurally sound property to the NOFAs will contain specific (b)The site and neighborhood must
<br /> design and condition required for use information on how and when to apply be suitable from the standpoint of
<br /> under this part,or the repair or for the available capital advance facilitating and furthering full
<br /> replacement of major building systems authority, the contents of the compliance with the applicable
<br /> or components in danger of failure. application,and the selection process. provisions of Title VI of the Civil Rights
<br /> Improvement of an existing structure Act of 1964,the Fair Housing Act,
<br /> must require 15 percent or more of the .5 091.120 Project design and cost Executive Order 11063 (27 FR 11527, 3
<br /> 19
<br /> CFR,, 58-1963 Comp.,estimated development cast to standards P•,p•652);as
<br /> rehabilitate the project to a useful life of In addition to the special project amended by Executive Order 12259, (46
<br /> 55 years. standards described in§§891.210 and FR 1253,3 CFR, 1980 Comp.,p.307)):
<br /> Replacement Reserve Account means 891.310,as applicable,the following section 504 of the Rehabilitation Act of
<br /> a project account into which specified standards apply: 1973,and implementing HUD
<br /> funds are deposited.Such funds may be (a) Property standards.Projects under regulations.
<br /> used only with the approval of the this part must comply with HUD (c)New construction sites must meet
<br /> Secretary for repairs,replacement,and Minimum Property Standards,unless the following site and neighborhood
<br /> capital improvements to the pro ect. otherwise indicated in this part. requirements:
<br /> Section 202 means section 202 of the (b)Accessibility requirements. (1)The site must not be located in an
<br /> Housing Act of 1959(12 U.S.C. 1701q), Projects under this art must comply area of minority concentration(or
<br /> as amended,or the Supportive Housing P P Y minority elderly concentration under
<br /> for the Elderly authorized b g with the Uniform Federal Accessibility the Section 202 Program)except as
<br /> Y Y Standards(See 24 CFR 40.7 of for permitted under paragraph(c)(2)of this
<br /> that section. availability),section 504 of the
<br /> Section 811 means section 811 of the Rehabilitation Act of 1973 and HUD's section,and must not be located in a
<br /> National Affordable Housing ct 42 racially mixed area if the project will
<br /> g ( implementing regulations (24 CFR part cause a significant increase in the
<br /> U.S.C.8013),as amended,or the . 8),and for new construction sig if minors to nonminori
<br /> Disabilitties Program authorized b with that multifamily housing projects,the design proportion sients(or minority elderly to ty
<br /> 8r Y and construction requirements of the
<br /> section. Fair Housing Act and HUD's the Section non2
<br /> minori 02 Pro elderly residents,under
<br /> Start-up expenses mean necessary implementing regulations at 24 CFR part gram) in the area.
<br /> costs(to plan a Section 202 or Section 100.For the Section 811 Program of (2)A project may be located in an area
<br /> 811 project.as applicable) incurred b of minority concentration (or minority
<br /> the P J PP Y Supportive Housing for Persons with elderl concentration,under the Section
<br /> closSponsor or Owner prior to initial Disabilities,see additional accessibility 202 Program)only if:
<br /> Tenant payment to Owner equals total requirements In§891.310(b). (1)Sufficient,comparable
<br /> tenant payment less utility allowance,if (c) Restrictions on amenities.Projects opportunities exist for housing for
<br /> any must be modest in design.Amenities minority elderly households or minority
<br /> Total tenant payment means the not eligible for HUD funding include disabled households,as applicable(or
<br /> monthly amount defined in,and individual unit balconies and decks, minority families,for projects funded
<br /> determined in accordance with part 813 atriums,bowling alleys,swimming under§§891.655 through 891.790),in
<br /> a
<br /> pools,saunas,Jacuzzis,and the income ran to be served b Y the
<br /> of this chapter. 8
<br /> dishwashers, trash compactors,and ro osed project,outside areas of
<br /> Utility allowance is defined in part washers and dryers in individual units P P P j
<br /> 813 of this chapter and is determined or minority concentration(see paragraph
<br /> approved by HUD. in supportive housing for the elderly or (c)(3)of this section for further guidance
<br /> Very low-Income fam111esshall have in independent living facilities for on this criterion);or
<br /> the same meaning provided in section Persons with disabilities.Sponsors may (ii)The project is necessary to meet
<br /> 3(b)(2)of the United States Housing Act include certain excess amenities but overriding housing needs that cannot be
<br /> of 1937 (42 U.S.C. 1437a). they must pay for them from sources met in that housing market area(see
<br /> other than the section 202 or 811 capital paragraph(c)(4)of this section for
<br /> 9891.110 Allocation of authority. advance.They must also pay for the further guidance on this criterion).
<br /> In accordance with 24 CFR part 791, continuing operating costs associated (3) (1) Sufficient does not require that
<br /> the Assistant Secretary will separately with any excess amenities from sources in every locality there be an equal
<br /> allocate the amounts available for other than the Section 202 or 811 number of assisted units within and
<br /> capital advances for the development of project rental assistance contract. outside of areas of minority
<br /> housing for elderly households and for (d) Smoke detectors.After October 30, concentration.Rather,application of
<br /> disabled households,less amounts set 1992,each dwelling unit must include this standard should produce a
<br /> aside by Congress for specific types of at least one battery-operated or hard- reasonable distribution of assisted units
<br /> projects,and for amendments of fund wired smoke detector,in proper each year which over a period of several
<br />
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