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11960 Federal Register / Vol. 61, No. 57 / Friday, March 22, 1996 / Rules and Regulations 15
<br /> §891.145 Owner deposit(Minimum Capital amended by Executive Order 12148(44 (g) Lead-based paint. (1)The
<br /> Investment). FR 43239,3 CFR, 1979 Comp.,p.412)), requirements of the Lead-Based Paint
<br /> As a Minimum Capital Investment, and implementing regulations in 24 CFR Poisoning Prevention Act(42 U.S.C.
<br /> the Owner must deposit in a special part 55,all applications for intermediate 4821-4846)and implementing
<br /> escrow account one-half of one percent care facilities for persons with regulations at 24 CFR part 35 apply to
<br /> (0.596)of the HUD-approved capital developmental disabilities shall be any dwellings(except zero-bedroom
<br /> advance,not to exceed$10,000,to treated as critical actions requiring dwelling units)in section 811 housing
<br /> assure the Owner's commitment to the consideration of the 500-year that were:
<br /> housing.Under the Section 202 foodplain. (i)Constructed or substantially
<br /> Program,if an Owner has a National (c)Flood insurance.The Flood rehabilitated before 1978;and
<br /> Sponsor or a National Co-Sponsor,the Disaster Protection Act of 1973 (42 (11)In which any child under 6 years
<br /> Minimum Capital Investment shall be U.S.C.4001). of age resides or is expected to reside.
<br /> one-half of one percent(0.596)of the (d)Labor standards. (1)All laborers
<br /> HUD-approved capital advance,not to and mechanics(other than volunteers (2) Under the Section 811 Program
<br /> and projects funded under§§891.655
<br /> exceed$25,000. under the conditions set out in 24 CFR
<br /> part 70)employed by contractors and through 891.790,the lead-based paint
<br /> §891.150 Operating cost standards. subcontractors in the construction requirements described in§891.325
<br /> HUD shall establish operating cost (including rehabilitation)of housing also apply.
<br /> standards based on the average annual with 12 or more units assisted under §891.160 Audit requirements.
<br /> operating cost of comparable housing this part shall be paid wages at rates not
<br /> for the elderly or for persons with less than those prevailing in the locality, Nonprofits receiving assistance under
<br /> disabilities in each field office,and shall as determined by the Secretary of Labor this part are subject to the audit
<br /> adjust the standard annually based on in accordance with the Davis-Bacon Act requirements in 24 CFR part 45.
<br /> appropriate indices of increases in (40 U.S.C.276a-276a-5).A group home §891.165 Duration of capital advance.
<br /> housing costs such as the Consumer for persons with disabilities is not The duration of the fund reservation
<br /> Price Index.The operating cost covered by the labor standards. for the capital advance is 18 months
<br /> standards shall be developed based on (2)Contracts involving employment from the date of issuance with limited
<br /> the number of units.However,under of laborers and mechanics shall be exceptions up to 24 months,as
<br /> the Section 811 Program and for projects subject to the provisions of the Contract approved by HUD on a case-by-case
<br /> funded under§§891.655 through Work Hours and Safety Standards Act basis.
<br /> 891.790,the operating cost standard for (40 U.S.C.327-333).
<br /> group homes shall be based on the (3)Sponsors,Owners,contractors, 1891.170 Repayment of capital advance.
<br /> number of residents.HUD may adjust and subcontractors must comply with
<br /> the operating cost standard applicable to all related rules,regulations,and (�Intents[ capital taltad and
<br /> an approved project to reflect such requirements. repayment.A capital advance provided
<br /> factors as differences in costs based on (e)Displacement,relocation,and real under this part shall bear no interest
<br /> location within the field office property acquisition.(1)Minimizing and its repayment shall not be required
<br /> jurisdiction.The operating cost standard displacement.Consistent with the other so long as the housing project remains
<br /> will be used to determine the amount of goals and objectives of this part, avallable for very low-income elderly
<br /> the project assistance Initially reserved Sponsors and Owners(or Borrowers,if families or persons with disabilities,as
<br /> for a project. applicable)shall assure that they have applicable,in accordance with this part.
<br /> taken all reasonable steps to minimize The capital advance may not be repaid
<br /> §891.155 Other Federal requirements. the displacement of persons(families, to extinguish the requirements of this
<br /> In addition to the requirements set individuals,businesses,nonprofit part.To ensure its interest in the capital
<br /> forth in 24 CFR part 5,the following organizations,and farms)as a result of advance,HUD shall require a note and
<br /> requirements in this§891.155 apply to a project assisted under this part. mortgage,use agreement,capital
<br /> the Section 202 and Section 811 (2)Relocation assistance for displaced advance agreement and regulatory
<br /> Programs,as well as projects funded persons.A displaced person must be agreement from the Owner in a form to
<br /> under§§891.655 through 891.790. provided relocation assistance at the be prescribed by HUD.
<br /> Other requirements unique to a levels described In,and in accordance (b)The transfer of physical and
<br /> particular program are described in with the requirements of,the Uniform financial assets of any project under this
<br /> subparts B and C of this part,as Relocation Assistance and Real Property part is prohibited,unless HUD gives
<br /> ap licable. Acquisition Policies Act of 1970,as prior written approval.Approval for
<br /> �a)Affirmative fair housing marketing. amended(URA) (42 U.S.C.4201-4655), transfer will not be granted unless HUD
<br /> (1)The affirmative fair housing as implemented by 49 CFR part 24. determines that the transfer to a private
<br /> marketing requirements of 24 CFR part (3)Real property acquisition nonprofit corporation or consumer
<br /> 200,subpart M and the implementing requirements.The acquisition of real cooperative(under the Section 202
<br /> regulations at 24 CFR part 108;and property for a project is subject to the Program)or a nonprofit organization
<br /> e(2)The fair housing advertising and URA and the requirements described in (under the Section 811 Program) is part
<br /> poster guidelines at 24 CFR parts 109 49 CFR part 24,subpart B. of a transaction that will ensure the
<br /> and 110. (1) Intergovernmental review.The continued operation of the project for
<br /> (b) Environmental.The National requirements for intergovernmental not less than 40 years (from the date of
<br /> Environmental Policy Act of 1969, review in Executive Order No. 12372 original closing)in a manner that will
<br /> HUD's implementing regulations at 24 (47 FR 30959,3 CFR, 1982 Comp.,p. provide rental housing for very low-
<br /> CFR part 50,including the related 197;as amended by Executive Order No. income elderly persons or persons with
<br /> authorities described in 24 CFR 50.4. 12416(48 FR 15587,3 CFR, 1983 disabilities,as applicable,on terms at
<br /> For the purposes of Executive Order No. Comp.,p. 186))and the Implementing least as advantageous to existing and
<br /> 11988,Floodplain Management(42 FR regulations at 24 CFR part 52 are future tenants as the terms required by
<br /> 26951.3 CFR, 1977 Comp.,p. 117);as applicable to this program. the original capital advance.
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