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10.427 RURAL RENTAL ASSISTANCE PAYMENTS

(Rental Assistance)

FEDERAL AGENCY
RURAL DEVELOPMENT (RD), DEPARTMENT OF AGRICULTURE

AUTHORIZATION
Housing Act of 1949, as amended, Section 521, Public Laws 90-448 and 93-128, 42 U.S.C. 1490a.

OBJECTIVES
To reduce the tenant contribution paid by low-income families occupying eligible Rural Rental Housing (RRH), Rural Cooperative Housing (RCH), and Farm Labor Housing (LH) projects financed by the Rural Housing Service (RHS) through its Sections 515, 514 and 516 loans and grants.

TYPES OF ASSISTANCE
Direct Payments for Specified Use.

USES AND USE RESTRICTIONS
Rental assistance may be used to reduce the rents paid by low-income senior citizens or families and domestic farm laborers and families whose rents exceed 30 percent of an adjusted annual income. Tenants who may be eligible must occupy units in eligible RRH, RCH and LH projects financed by RHS.

Applicant Eligibility
To be eligible to participate in the rental assistance program, borrowers must have an eligible project. All projects must convert to Interest Credit Plan II before they are eligible, except direct RRH and insured RRH loans approved prior to August 1, 1968, and LH loans and grants. For a borrower to have an eligible project, the loan must be an RRH insured or direct loan made to a broad-based nonprofit organization, or State or local agency or; an RRH insured loan made to an individual or organization who has or will agree to operate the housing on a limited profit basis as defined in 7 CFR 3560.254 (a) or; an RCH insured or direct loan or; an LH loan, or an LH loan and grant combination made to a broad-based nonprofit organization or nonprofit organization of farm workers or a State or local public agency. New construction and/or rehabilitation projects, utilizing the Section 8 program from HUD will not be considered eligible projects, although it may be used for eligible families in existing projects utilizing Section 8 for part of the units.

Beneficiary Eligibility
Any very low and low-income family, handicapped or senior citizen that is unable to pay the approved rental rate for an eligible RHS rental assistance unit within 30 percent of their adjusted monthly income. Households eligible for rental assistance are those 1) whose net tenant contribution to rent, determined in accordance with 3560.203 (a)(2), is less than the basic rent for the unit; 2) whose head of the household is a U.S. citizen or a legal alien as defined in 3560.11; 3) who meet the occupancy rules established by the borrower in accordance with 3560.155 (e); and 4) who have a signed, unexpired tenant certification form on file with the borrower.

Credentials/Documentation
The applicant must be the owner or plan to become an owner of an eligible RHS RRH,RCH, or LH project operating on a limited profit or nonprofit basis. This program is excluded from coverage under 7 CFR 3015 or 3016.

Preapplication Coordination
This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. This program is excluded from coverage under 7 CFR 3015 or 3016.

Application Procedure
Eligible borrowers will initiate the processing by submitting Form RD 3560-25, "Request for Rental Assistance". Applications shall then be reviewed under the procedure set forth in 7 CFR 3560.255. This program is excluded from coverage under 7 CFR 3015 or 3016.

Award Procedure
After the application has been reviewed by the Rural Development Manager, it is given final approval by the State Director. The State Director will determine the number of rental assistance units to be given from the total of units that were allocated to the State. Projects may be eligible for rental assistance for up to 100 percent of the number of units in the project.

Deadlines
None.

Range of Approval/Disapproval Time
From 30 to 90 days from the time Form RD 1944-25, "Request for Rental Assistance" is filed.

Appeals
Applicant may request reconsideration on the basis of pertinent facts concerning the application under the provisions of RD Instruction 1900-B.

Renewals
Rental assistance contracts for new as well as existing projects may be renewed for at the end of the original contract subject to the availability of funds.

Formula and Matching Requirements
The statistical factors used for fund allocation are: (1) State percentage of RHS rural population and the source is "2000 Census" updated by ERS; (2) State percentage of RHS rural housing units lacking plumbing and/or overcrowded and the source is "2000 Census"; and (3) State percentage of persons in poverty living in RHS rural areas and the source is "2000 Census."

Length and Time Phasing of Assistance
Rental assistance contracts shall be funded subject to the availability of funds and appropriation language.

Reports
The borrower must initially submit Form RD 3560-8, "Tenant Certification," for each tenant. Subsequent tenant certifications must be obtained annually and submitted to the Rural Development Manager. Quarterly progress reports are to be made to the Rural Development Manager during the first year of successful operation and each quarter thereafter until discontinued by the Rural Development Manager. An annual report will also be necessary.

Audits
Borrowers not covered by OMB Circular No. A-133, are required to provide annual financial repoprts in accordancw with 7 CFR 3560.308. This program is also subject to audit by the USDA Office of Inspector General. In accordance with the provisions of 7 CFR Part 3052, which implement OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that receive financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 7 CFR 3052.

Records
Adequate operating records must be maintained by borrower.

Account Identification
12-0137-0-1-604; 12-2002-0-1-604.

Obligations
(Direct payments) FY 07 $487,000,000; FY 08 est not available; and FY 09 est not reported.

Range and Average of Financial Assistance
Data unavailable at this time.

PROGRAM ACCOMPLISHMENTS
Not available.

REGULATIONS, GUIDELINES, AND LITERATURE
7 CFR Part 3560, Direct Multi-Family Housing Loans and Grants.

Regional or Local Office
Consult your local telephone directory for Rural Development office number. If no listing, contact the appropriate Rural Development State office listed in Appendix IV of the Catalog.

Headquarters Office
Director, Multi-family Housing Portfolio Management Division, Rural Housing Programs (RP), Department of Agriculture, Washington, DC 20250. Telephone: (202) 720-1615. Use the same number for FTS.

Web Site Address
http://www.rurdev.usda.gov

RELATED PROGRAMS
10.405, Farm Labor Housing Loans and Grants; 10.415, Rural Rental Housing Loans.

EXAMPLES OF FUNDED PROJECTS
Not applicable.

CRITERIA FOR SELECTING PROPOSALS
Not applicable.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)