Responsive Document - CREW: HUD: Regarding Rogers-Related Non-Profits: 10/3/2011

30
‘$\-‘ . //-- Zonrc s s of the Unit e d t a t c s i?1.dllse Of 1Rprcse ii tatiut Was ll t Ol l, E)(Z 2OS1 17 O1 March 2, 2011 Ro bert Duncan Of f ice of Communit y Plann ing and Development Department of Housing an d Urban Development 451 7 h Street S.W. Washington, D.C. 20410 RE : Funding Opportunity # FR5415N35 CF DA : ,263 Rural Innovation Fund De ar Mr. Dunc an, I wo uld ap pr eci at e you r finding sup port through the HUD Rural Inn ovation Fu nd f or the Mou ntain Com prehensive Care Cen ter He alth Care for the Homele ss Pr ogram. With fun ding su ppo rt, MC CC pla ns to constr uc t a 14 -unit apartme t bui ld ing to serve veterans and sev erely men tal ly ill re side nt s to me et hou sin g and healthc are need in Martin oun ty, Kentucky. I un de rst and the fis cal constraints we ar e facing acros s the na tio n ri ght now and this ap plicat ion is an idea l way to mee tboth hou sing and hea lth car e ne ed s for ho meless in di vid uals in our pove rty- stricken regio n wh o also have intense healt h care needs. The facility in Mart in Coun ty will co inc id with MC CC’s Health Care for the Ho meless Project, se rving ne ig hb oring Fl oyd and Ma goffi n Counties. The se cou nties are medi cally un derser ved an d se vere ly im poverished. Tha nk you in ad vance re vie win g the app li cat io rra nd realirig’the dir ect imp act that finding su pp or t will make in an rea wher e vi able options are ver y lim it ed in our rural reg ion. HA ROL D ROGE RS 5TH DISTRICT, KENTUCKY COMMIUEE ON APPROPRIATIONS RANKING MEMRFR SUBC OMMITTEE ON THE DEPARTMENT OF HOMFI AND SECURI TY SIJRCOMMITTEF N DEFENS E PL EAS E RESPOND TO: WASHINGTON OFFICE, 456 RAYR UAN SE OFFICE ROuGING WASHINGTON. DC 20515-755 2021 225—46111 J DIS TRICT OFFICES551 CLIFT’Y STITEET SO ERSET. KY 42501 16061 679-5346 OR 1-800-532-5568 601 MAIN S TREET HAZAEO, KY 4170 1 16061 439-0754 T T05SOURCE COURT SlinK A PR NSKURG,K641553 086-0544 - ,rn :: o : - < m I4J < I Sinc , Harold ‘R ogers . .‘ .‘ .., Member of Congress :: HR:ds 1 -

Transcript of Responsive Document - CREW: HUD: Regarding Rogers-Related Non-Profits: 10/3/2011

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Zonrcss of the United tatcs

i?1.dllse Of 1Rprcseiitatiut

WashilltOll, E)(Z 2OS1—17O1

March 2, 2011

Robert DuncanOffice of Community Planning and DevelopmentDepartment of Housing and

Urban Development4517h

Street S.W.

Washington, D.C. 20410

RE: Funding Opportunity # FR5415N35CFDA : 14,263 Rural Innovation Fund

De ar Mr. Duncan,

I would appreci ate you r finding sup port through the HUD Rural Innovation Fund for theMountain Comprehensive Care Center — Health Care for the Homele ss Program. With fun dingsuppo rt, MCCC pla ns to constr uc t a 14-unit apartment building to serve veterans and sev erelymen tal ly ill reside nts to me et housing and healthcare needs in Martin Coun ty, K e

ntucky.I understand the fiscal constraints we are facing across the nation right now and this application isan ideal way to meet both hou sing and health care needs for homeless individ uals in our pove rty-stricken region who als o have int ense health care needs. The facility in Mart in Coun ty willco inc ide with MCCC’s Health Care for the Homeless Project, serving ne ighboring Floyd andMagoffin Counties. These cou nties are medically underserved and severe ly impoverished.

Thank you in advance reviewing the app licat iorra nd realirig’the dir ect imp act that findingsupport will make in an area where viable options are ver y lim ited in o ur rural reg ion.

HAROLD ROGERS5TH DIST RIC T, KENT UCKY

COMMIUEE ON APPROPRIATIONS

RANK ING M EM R FR

SUBC OMMITTEE ON THE DEP ART ME NT OFHOM FI AND SEC URI TY

SIJRC OMMITTEF ON DEF ENS E

PLEASE RESPOND TO:

WASH ING TON OFFIC E,

2456 R AYR UA N HOUSE OFFIC E ROuGINGWASHINGTON. DC 20515-755

2021 225—46111

J—

DIS TRICT OFF ICE S’

551 CLIFT’Y STITEET

SOMERSET . KY 42 50 1

16061 679-5346 OR1-800-532-5568

601 MAIN S TREET

HAZ AEO , KY 4170 1

16061 439-0754

T T05SOURCE COU RT

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ISincerely,

Harold ‘Rogers . .‘ .‘ ..,

Member of Congress :‘:

HR:ds• 1 -

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U.S. DEPARTNIET OF HOt slN (; URBAN DEVELOP1E I’C?’

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) I 2011

The Hono rable Har old Rogers

U.S. 1-louse of Representatives

Washington, DC 20515-1705

Dear Representati ve Rogers:

Thank you for your letter of March 2, 2011, sup port ing an applica tion from the Mountain

Comprehensive Care Ce nt er for fundin g under the FY20 10 Rural Inn ovation Fund program

competition.

Approximately $25.7 mi llion in program funds are available under the FY20 10 Rura l

In nov ation Fund competition. The purpo se of the Ru ral Fund program is to provid e support fo r

highly targeted and inn ova tive gran ts dedicated to addressing the problems of concentrated ru ral

housing distress and community poverty. Applications were submitted pursuant to the N otice of

Funding Availability (NOFA) that was pub lished on the HUD website on D ece m be r 22, 2010.

The Department will consider eac h eligible application that was rec eive d by the submission

deadline of February 23, 2011. Al l ap plications will he rat ed and ranked in accordance with the fair

and uniform selection procedures described in the N O FA .

Thank you for your interest in the Department’s programs. Ple ase let me know if I can he oflurther assistanc e.

Sincerely,

Pete r A. Kovar

Assistant Se cretary for Congressional

and Intergovernmental Relations

ww.Iiud.gov tSpaIIoI.hU d4o v

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The Honorable Harold Roers

U.S. i-louse of Representatives

Washington, DC 2051 5-1 705

Dear Representative Rogers:

Thank you for your letter of March 2, 201 1, supporting an application from the Mountain

Comprehensive Care Center for funding under the FY20 10 Rural Innovation Fund program

competition.

Approximately $25.7 niillion in program funds are available under the FY2OI 0 Rural

innovation Fund competition. The purpose of the Rural Fund program is to provide suppor t for

highly targeted and innovative gran ts dedicated to addressing the problems of concentrated rural

housing distress and community poverty for projects that demonstrate a great likelihood of

substantial impact in addressing the housing needs and community poverty in the project area.

Applications were submitted pursuant to the Notice of Funding Availability (NOFA) that was

published on the I-IUD website on December 22, 2010.

The Department viIl consider each eligible application that was received by the submission

deadline of February 23, 2011. All applications will he rated and ranked in accordance with the fair

and unifonii selection procedures described in the NOFA.

Thank you for your interest in the Department’s programs. Please let me know if! can be of

further assistance.

Sincerely,

Peter A. Kovar

Assistant Secretary for Congressional

and Intergovernmental Relat ions

In ternal H t 1) Di stnbutton

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Z PzzIdenr iticamion .Int.s: Hoo.cer ext. 43) Room 71$)) 2(111 -AJF-CG-275

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HAROLD ROGERS5TH DISTRICT, KENSIJCKY

COMMIUEE ON APPROPRIATIONS

RANKING MEMEER

SUNCOMMITISE ON FEE DEPARTMENr OFHOMELAND SECURITY

EURCOMMITTEE ON DEFENSE

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iouz of Rprescntatiucs

Washing ton, 2O5J5—17O’

PLEASE RESPOND TO:

WASHINGTON OFFICE

2406 RAYFIUIIN HOUSE OFFICE NIJILDINI3

WASHINGTON. DC 20515-1705

(202) 225—4601

DISIRICI’ OFFICES

551 CLIFTY STREETSOMERSET, KY 42W)

656)670-6360 OR

1—600—632-6586

0 NIl MAIN STRFFT

HAZARD, KY 41701IEEE) 439-5794

110 RESOURCE COURTSUITE A

PRESIC)NSSUIIG, KY 41559

(506)8550)544

March 2, 2 0 II

Robert Duncan

Office of Community Planning and Developmen t

Department of Housing and Urban Development

451 7h Street S.W.

Washington, D.C. 20410

Dear Mr. Duncan,

I understand the fiscal constraints we are facing across the nation r ight now and this application is

an ideal way to meet both housing and economic development needs in Whitley County,Kentucky, a ‘Distressed County’ as designated by the Appalachian Regional Commission.KCEOC Community Action Partnership is investing $94, 300 in matching funds to secure theproject. Housing and business development is critical in our rural region. With funding supportfrom HUD-RIF, this quality piece of properly can be developed into a facility that will benefitboth residents and economic development in Whitley County.

Thank you in advance reviewing the application and realizing the direct impact that fundingsupport will make in an area where viable options are very limited in our rural region.

Sincerely,

Harold Rogers’

Membcr of Congress

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I am writing to encourage your funding support through the HUD Rural Innovation Fund forKCEOC Community Action Partnership Incorporated application requesting $2,000,000 toconstruct a LEED certified multi-use apartmentlcommercial space building for affordable housingfor low to moderate income residents, a s wel l as economic development opportunities in Corbin,Kentucky.

HR:ds

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u.s. I)E I’RmIEvr OF FI()LSIXG UHBA DE ELWME%T

tiiJii W \fING ON. DC 1U4II i-Iul)

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j 11 O11The Honorable I laro ld Rogers

U.S. House of Representatives

Washington. DC 205 15- [705

Dear Representative Roge rs:

Thank you for you r let ter of Ma rch 2. 20 [1. supporting an application from KC EOCCommunity Action Partnership Incorporated for fundin g under the FY20 10 Rura l Innovation Fundprogram competition.

Approximately 525.7 million in program funds are available under ihe FY20 10 Rura lInnovation Fund competition. The pu rpose of the Ru ra l Fund program is to provide support forhighly targeted and innovative grants dedicated to addressing the problems of concentrated ruralhousing distress and community poverty . Applications were submitted pursuant to the Notice ofFunding Availability (NOFA) tha t was published on the HUD website on December 22, 2010.

The Department will consider each eligible application that was received by the submissiondeadline of February 23, 201 1. All applications will be rated and ranked in accordance with the fai rand uniform selection procedures described in the NOFA.

Thank you for your int erest in the Department’s programs . Please let me know if

Ican be offurther assistance.

Sin cere ly,

Pe ter A. Kovar

Assistant Se cretary for Congressional

and Int ergovernmen tal Relations

(‘. (%(‘. LS) IIf l )I.IItI(I.4OV

___

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ihe Honorable Harold Rogers

U.S. [louse of Representatives

Washington. DC 20515-1 705

Dear Representative Rogers:

Thank you for your let ter of March 2,2011, supporting an application from KCE OC CommunityActi on Partnersh ip Inco rpor ated for fun ding under the FY20 10 Rural Inno va tio n Fun d progr am

compe tition.

Approximately 52 5.7 mi llion in prog ram fun ds are available under the FY20 10 RuralInnov ation Fund competition. The purpose of the Rural Fund pr ogram is to provide suppo rt for

highly targe ted and innovative gra nts de dicated to addressing the problems of concentrated ruralhousing dist

ress and community poverty for projects that demonstrate a great likelihood ofsubstantial impact in addressing the ho using needs and community po ve rty in the project area .Applications were submitted pursuant to the Notice of Fun ding Availability (NOFA) tha t waspublished on the HUD website on De cember 22. 2010 .

The Department will consider each eligib le applicat ion that was receive d by the subm issiondeadline of Fe bruary 23, 2011. All applications vi Ii be rated and ran ked in accordance with the fairand unif orm selection pr oce dure s desci -ibed in the NO FA.

Th ank you for yo ur in te re st in the Dep artment’s pr ograms. Plea se let me know if I can he of

fu rth er assis tanc e.

Since rel y,

Peter A. Kovar

Assi stant Se cretary For Congressional

and In tergovernme ntal Re lations

Inicrna HUD Distrbunon:

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]Ü U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

I II WASHINGTON, DC 204 10-3000

DE’J

OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER

Anne L. Weismann, Esq.

Citizens for Responsibility BED 23 ‘iand Ethics in Washington

1400 Eye Street, NW, Suite 450

Washington, DC 20005

RE : Freedom of Information Act Request

FOJA Control Nos.: 1 1-FI-HQ-01286 and FI-485686

Dear Ms. Weismann:

This letter is in response to your Freedom of Information Act (FOIA) request dated

March 7, 2011. In your letter, you asked for an y correspondencebetween Representative Harold

Rogers, Kentucky Republican, any member of his staff or an y staff member of the United States

House of Representatives Committee on Appropriations (Appropriations Committee) acting on

behalf of RepresentativeRogers, with any employee of the Department of Housing and Urban

Development’s Office of Congressional and Intergovernmental Relations from January 1, 2000,

to the present.

When responding to a FOIA request, HUD searches for responsive documents existing up to

the date that the request is received in the Department’s FOIA Branch. Your request was receivedon March 14,2011.

Your request is granted in part at no cost to you. Enclosed are copies of correspondence

between Representative Rogers, the Appropriations Committee, and HUD from

January 1, 2000, to the present.

I am withholding the name of a constituent under FOTA Exemption 6, as release of such

information would constitute an unwarranted invasion of personal privacy. The interest of the

general public in reviewing these portions of government documents does not outweigh the

individuals’ right to privacy.

I am the official responsible for this determination based on information provided by the

Department’s Office of Fair Housing and Equal Opportunity. You may appeal this

determination within 30 days from the date of this letter. If you should decide to appeal, your

appeal should include copies of your original request and this response, as well as a discussion of

the reasons supporting the appeal. The envelope should be plainly marked to indicate that it

contains a FOIA appeal and should be addressed to:

www.hud.gov espanol.hud.gov

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2

U.S. Department ofHousing and Urban Development

Freedom of Information Act Appeal

Senior Counsel, Office ofGeneral Counsel

Portals Building, Suite 200

1250 Maryland Avenue, SW

Washington, DC 20024

Telephone: (202) 708-2568

Fo r your information, your FOIA request, including your identity and any information

made available, is releasable to the public under subsequent FOIA requests. In responding tothese requests, the Department does no t release personal information, such as home address,

telephone number, or social security number, all ofwhich are protected from disclosure under

FOIA Exemption 6.

Thank you fo r your interest in the Department’s programs and policies.

Dolores W. Cole

Director for FOLk and

Executive Correspondence

Office of the Executive Secretariat

Enclosures

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2022252112

AFR 13 . 2UH 345:M O. 23 F.

2oi1-‘- ci- ‘&3

1.

i

DATE: 4/13/11

TO: Honorable Donovan, Secretary FROM: Victoria V. Decatur-Brodeur

Department of House and Urban Hcmse Appropriations Committee

Development Surveys and Investigations StaffWashington, D.C. 20515

FAX NUMBER: 202-708-2476FA.X (202) 225-2112

TELEPHONE:

TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 5

Please find attached Cominttee on Appropriations Professional Iievelopment Program for

distribution.

Thank you.

Iv

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A . 13 2:H 3:LiM G. 62$ 3

a

The ideal candidates for this program are inciMduals in Budget and Policy or related fields or

who are anxious to learn those areas of expertise. In addition to CongressonaI Offices and

Federal Agencies, this would be an eceJJent opportunity for Inspector General Offices and the

Federally Funded Research and Development Centers. Assignments will generally be for the

ength of a study not to exceed one year unless mutually agreed upon by the Committee and

the parent organization.

Attached is a detailed explanation of the program and includes the individuals to contact with

questions or interest in the program.

Respectfully,

Norman D. Dicks

Rani<ing Member

Committee on Appropriations

Chairman

Committee on Appropriations

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AFR. 13. 2i 3:M JO 829 P. 4

House Commfttee onppropriat ions

Prfssional Development Prqgam

The Program:

The House Appropriations Committee has established a unique and important program

that will enable professional staff of the Congress, the Executive Branch and FFRDC community

to become involved in the core Appropriations evaluation and deliberative process. The

program is intended as both a learning experience and an opportunity to apply developed

analytic tools to a wide variety of Federal, domestic, and defense oriented program5.

Background:

The Surveys and Investigations (S&l) Division is the evaluation and investigative arm of

the Appropriations Committee. It is unique in many ways. Pt has been in existence since 1943

providing timely oer5ight, investigations and evaluation5 of issues and programs of interest to

members of the Appropriations Committee. Studies and evaluations are non partisan and are

authorized by the Majority and Minority leadership of the Subcommttees and the full

Committee. All evaluations are for the use of the Committee and Sucommittees and are not

available to the public.

Benefits of Participation:

Program participants will apply their skills to new and different i5sues and learn new

skills relating to the Federal Budget, the Budget process and investigative techniques.

Participants wilt work directly with permanent Committee staff and will help nanage outside

contract expertise as necessary.

Program participants will become intimately involved in the oi-going activities of the

individual subcommittees for whom the analysis is being provided. Program participants will

also have open access to the Departments and Agencies which administer the programs being

evaluated and will learn how those Departments operate in contrast to their parent Agencies.

Program participants will also provide direct analytic support to Appropriation

Committee members on broad based, Government-wide issues. Special task forces will be

established and reviews conducted by the Appropriations Committee members themselves.

In return the Committee will supplement its current permanent staff with invaluable

tchnicaI, program and analytic support, or expertise on issues as the’, arise.

a

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APR. i3. 2 :46M ., O. 629

Th e Program Details:•

The program is a formal program for Executive-and Congressional branch mid revel

employees, those individuals who are in career development programs, or higher level

employees seeking to expand their analytic horizons or obtain a different perspective on how

Agencies and the Congress operate. The program will also be available.to employees in

federally funded research and development centers and national laboratories.

Individuals will be formally detailed to the Appropriations Committee and will be subject

to the rules’and regulation governing the House of Representatives as well as those governing

their parent Agency. Formal evaluations of their work and coritribul:ion will be provided to

their supervisors quarterly and the employees will retain their Agency status at all times.

Individuals will be detailed for the standard length of time associated with the Appropriations

Committee of one year or one budget cycle. However, under special circumstances,

consideration will be given for shorter tenures or part-time arrangements.

The Best Candidates:

Those mid to high level employees currently in, or seeking to be proficient in, the fields

of budget, investigations, and policy or program evaluations would e be5t suited for this

program. Participants in Agency professional development programs which include rotations

outside of the parent agency would find this program especially valuable.

Costs:

Although these will be non-reimbursable details the Committee will cover all costs

associated with the conduct of a study including travel, equipment, and supplies and security

clearances if needed.

Contacts:

Mr. William Inglee. Clerk and Staff Director, House Appropriations Committee

Mr. Will Smith, Deputy Staff Director, House Appropriations Committee

Dr. David Gibbons, Staff Director, S&1 Division, House Appropriations Committee

Mr. William Greenwalt, Deputy Director,S&l Division,

House Appropriations Committee202-225-3881

2

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iiouc of epresentatiues5 I J , E A

PE1 ON5 e IJEG “ I5!

WS1Hflgtflfl, 20515—1705

October 29, 2009

Assistant Secretary David H. StevensU.S. Department ofHousing and Urban DevelopmentHousing and Federal Housing Commissioner451 7th Street S.W.

Washington, DC 20410

Dear Assistant Secretary Stevens:

Since mid-July, my staff has attempted to communicate with the Department ofHousing andUrban Development’s (HUD) Office for Congressional and Intergovernmental Relation5regarding a waiver request submitted to the Louisville, KY field office by Baptist Housing tue .in Corbin, Kentucky. To date, no response has been provided to me or to my staff, and I amhopeful you might be able to provide some assistance with this issue.

Baptis t Housing is a 64-unit Section 202 HUD project that opened in 1981 . The facility earned a99% on their last REAC Inspection, and is extremely well-regarded in the community as aquality community for the elderly. Nevertheless,

the facilityhas experienced low applicationintake in recent months and given the expiration of a 12-month age/income waiver in June 2009,

applied to extend this waiver for another year (Application #KY36T87 1003). On June 2, 2009, 1was contacted by the Director of Baptist Housing when he was informed by the Louisville HUDoffice that HUD Headquarters had issued a moratorium on the evaluation of these waiverrequests for Section 202 properties. Baptist Housing has expressed concern that the lack of suchwaivers, especially during our current economic climate, will be devastating to their business,which provides affordable housing to numerous low-income and elderly individuals in mydistrIct. Ln addition, many people in southeast Kentucky were recently displaced due to a majorflood event, and finding adequate housing is of the utmost importance,

I respectfully request any information you might be able to provide on the status of Baptist1-lous ing’s waiver application, as well as the Section 202 age/income waiver program in general.I look forward to your timely response. If you have any additional questions, please contactMegan O’Donnell in my office at (202) 225-4601.

,‘e -‘HAROLD ROGERS/Member of ConIs

CC: Peter Kovar, Assistant Secretary for Congressional and Intergovernmental Relations

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--I{AROLD ROGERS6THDISTRICT,KENTUCKY

COMMITTEE ON APPROPRIATIONS

9-INKING MEMBER

SUBCOMMITTEE ONTHE DEPARTMENT OFHOMElAND SECURITY

SUBCOMMITTEEON DEFENSE

!onresB of the cIanjtttt *tatesonsc of Reprcsentatiues

Wahinton, 2O513—17O

October 29 , 2009

Assistant Secretary David H. Stevens

U.S. Department ofHousing and Urban Development

Housing and Federal Housing Commissioner

451 7th Street S.W.

Washington, DC 20410

AMCLM

PlEASE RESPOND TO:

WASHINGTON OFFICE:

D 2406 RAYRURN HOUSE OFFICE BUILDING

WASHINGTON. DC2051 0-lOSS12021 225-4651

DISTRICT OFP1050:

551 CLIFTY STREETSOMERSET. K? 425011506) 615—6346 OR

I -600—932-9559

801 UHIN STREET-AZARD, KY 41701

16051 439—0790

110 OESO’JHcE COURTSUITE A

PHESTONSELIRS. KY4160310001985—0900

Dear Assistant Secretary Stevens:

Since mid-July, my staff has attempted to communicate with the Department ofHousing and

Urban Development’s (HUD) Office for Congressional and Intergovernmental Relations

regarding a waiver request submitted to the Louisville, KY field office by Baptist Housing Inc.in Corbin, Kentucky. To date, no response has been provided to mc or to my staff, and I am

hopeful you might be able to provide some assistance with this issue.

Baptist Housing is a 64-unit Section 202 HUD project that opened in 1981. The facility earned a

99% on their last REAC Inspection, and is extremely well-regarded in the community as a

quality community for the elderly. Nevertheless, the facility has experienced low applicationintake in recent months and given the expiration of a 12-month age/income waiver in June 2009,applied to extend this waiver for another year (Application #KY36T87 1003). O n June 2, 2009, I

was contacted by the Director of Baptist Housing when he was informed by the Louisville HUDoffice that HUD Headquarters had issued a moratorium on the evaluation of these waiver

requests for Section 202 properties. Baptist Housing has expressed concern that the lack of suchwaivers, especially during our current economic climate, will be devastating to their business,which provides affordable housing to numerous low-income and elderly individuals in mydistrict. In addition, many people in southeast Kentucky were recently’ displaced due to a majorflood event, and finding adequate housing is of the utmost importance.

I respectfully request any information you might be able to provide on the status of Baptist

Housing’s waiver application, as well as the Section 202 age/income, waiver program in general.I look forward to your timely response. If you have any additional questions, please contactMegan O’Donnell in my office at (202) 225-4601.

HAROLD ROGERS/

Member of Congre/

CC: Peter Kovar, Assistant Secretary for Congressional and Intergovernmental Relations

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: J1FIF

U.S. DEPARTMENT OP HOUSING AND URBAN DEVELOPMENT

I” : WASH INGTON , DC 20410-1000 LI‘7

•‘I

ASS ISTANT SECRETARY FOR CONGRESSIONALAND INTERGOVER.NNENTAL RELATIONS

The Honorable Harold RogersU.S. House ofRepresentativesWashington , DC 205 15-1705

FEB 18 2010

Dear Representat ive Rogers:

On behalf ofAs sistant Secre tary, Dave Stevens, thank you for your letter regardin g Bapti stHousing, located in Louisville, Kentucky . Your letter indica tes that Baptist Housing hasexperienced low application intake in recent months and, in June 2009, applied f or a 12-month

extension of the June 2008 waiver. It further indicates that the Director ofBaptist Housinginformed you tha t the Department was suspending evaluation of all waiver requests for Section 202pro ject s and that this will be devastating to the ir business. You request i nformation on the status ofBaptist Housing’s application for an age and income waiver and information on the Department ofHousing and Urban Development ’s policy on age and income waivers for Sect ion 202 elderlyhou sing projects.

The Department’s Louisville Multifamily Prog ram Cente r report ed th at KentuckyHousing Corporation , the Departm ent’s Pe rfo rmance Based Contrac t Administrator (PBCA ),appro ved a blanket waive r request for Baptist Housi ng on June 20, 2008 , for a period of oneyear. The PBCA does not have the au thority to ap prove reg ulato ry waivers on behalf of theDepartment. The Pro gram Center fur

the r report ed that the owner’s May 11, 2009, request for anadditional waiver was den ied.

Baptist Housing was initial ly endorsed under the Department’s Section 202 Direct Loanpro gram and has been refinanced under the Department’s Section 223 (f) progr am. The projec t has aSection 8 Housing Assistance Payments (HAP) cont ract, and the owner has execute d a UseAgreement wh ich requires the owner to adm it tenants in accordance with 24 CFR 891.575 (a) andthe Section 8 HAP contrac t. Since the Section 202 mortgage has been prepaid, it is not subject tothe Housing Act of 1959 nor its implementing regulations by ope ration of law, but ins tead byoperation of a contract, the Use Agreement. If the proje ct cannot c omply with the terms andcond itions of the Use Agreement , which requi res the pro ject to opera te in accordance with allapplicable Federal Regulations, then the owner’s request would be for a change in the terms and

conditions of the Use Agreement, not a regulatory waiver.

Pursuant to Baptist Housing’s Use Agreement, it must comply with all of HUD’sregu lations, inc luding 24 CFR 891 .575 (a). This particu lar regulation requires the pro ject tomake the units available to “eligible fam ilies ,” wh ich is defmed as “elderly or handicappedfamil[iesj.. .“ under 24 CFR 891.520. However , in situations where the owner is unable to

www.hud.gov espaaoLhud.gov

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I

2

marke t the units to eligibl e elder ly or handic apped fam ilies, the regulations at 24 CFR 891.575(e) provide for temporary re lief from these requirements and, the Department’s Mult ifamily HubDirector s have the authority to approve the admission of families who are not elderly orhandicapped to Section 202 /8 properties. The approval u nder the regulation must be of lim itedduration , usual ly for one year. This autho rity does not apply to Section 202 Project Renta lAssistance Contract s (PRAC) and Project Assist ance Contrac ts (PAC).

The Use Agreement executed on behalf of the project by the owners requ ires compliancewith all applicable Federal Regulations, and th e project has, as mentioned, received a one-yearwaiver of the regulation to allow near elderly, low-incom e applicants into the pro ject. Given thatthe purpose of the Depa rtment’s prog ram is to provide housing to eligib le elderly and handicapped,very low- incom e applicants, the Department does not hav e the intent to modifS’ Bap tis t Housing’sUse Ag reement to keep the p roject operational over a longer period for a population tha t would not

meet the tenns and conditions.

I hope this information is help ful in responding to your constituent. If I can be of furtherassistance, please let me know.

Sincerely,

Peter A. Kova rAssistant Secretary for Congressional

and Intergovernmental Relations

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V

2*

market the units to eligible elderly or handicapped families, the regulations at 24 CFR 891.575(e) pro vide for temporary relief from these requirements and, the Departm ent’s Multifamily HubDirecto rs have the auth ority to approve the admission of families who are not elderly or

handicapped to Section 202/8 proper ties. The approval under the regu lation must be of lim itedduration , usually for one year . This authority does not apply to Sec tion 202 Project RentalAssistance Contracts (PRAC) and P roject As sis tance Contracts (PAC).

The Use Agr&men t executed on behalfof the project by the owners requires compliancewith all app licab le Fed eral Regulations and, the projec t has already received a one-year wa iver ofthe regulation to allow near elderly, low-income app licants into the project. The purpose of theDepartment’s program is to provide housing to eligible elderly and han dicapped , very low-incomeapplicants. It is not the Department’s intent to modify Baptist Hou sing’s Use Agreement to keepthe p roject operational for a population that does not meet the terms and condit ions.

I hope this information is helpful in responding to your constituent.

If I

can beof

furtherassistance, please let me know.

Sincerely,

Peter A. KovarAssistant Secretary for Congressional

and Intergove rnmental Relations

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U.DEPART OF HOUSG AND URBAN DELOPMEI III I WASHINGTON, DC 20410-1000U! I

4,,

OFFICE OF CONGRESSIONAL AND

INTERGOVERNMENTAL RELATIONS

JUN 19 2008

The Honorable Harold Rogers

U. S. House of Representatives

Washington, DC 20515-1705

DearRepresentative Rogers:

Thank you for your letter ofMay 29 , 2008, to Deputy Secretary Bernardi supporting anapplication from the Beat tyville Housing and Developme nt Corporation, Inc. for fund ing under theFY 2008 Rural Housing and Economic Developm

ent Program competition.

Approximately $17 million is available under the FY 2008 Rural Housing and EconomicDevelopment Program. The purpose of the program is to support innovative housing and economicdevelopment ac tivities at the State and local level in rural areas. Applications were submittedpursuant to the Notice of Funding Availability (NOFA) tha t was published in the Federal Registeron April 28, 2008 .

The Department wi ll consider each eligible application tha t was received by the submissiondeadline of May 30 , 2008 . All applications will be rated and ranked in accordance with th e fair anduniform selectionprocedures described in the NOFA.

Thank you for 6Ü Interest the epanments programs. Please let me ow if I can be offurther assistance.

Mark A. Studdert

General Deputy Assistant Secretary

for Congressional and

Intergovernmental Relations

www .hud.gov espanol.hud.gov

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CPa 33

TheHonorable Harold Rogers

U. S. House of Representatives

Washington, DC 20515-1705

Dear Congressman Rogers:

Thank you fo r your lette r ofMay 29, 2008, to Deputy Secretary Bemardi supporting anapplication from the Beattyville Housing and Development Corporation, mc, for funding under theFY 2008 Rural Housing and Economic Development Program competition.

Approximately $17 million is available under the FY 2008 Rural Housing and EconomicDevelopment Program. The purpose of the program is to support innovative housing and economi cdevelopment activities at the State and loca l level in rur al are as. Applications were submitted

pursuant to the Notice of Funding Availability (NOFA) that was published in the Federal Registeron April 28, 2008 .

The Department will consider each eligible application that was received by the submissiondeadline ofMay 30, 2008. All applications will be rated and ranked in accordance with the fair anduniform se lection procedures described in the NOFA.

Thank you for your interest in the Department’s programs. Please let me know if I can be offurthe ass ista nce.

Since re ly,

Mark. A. Studdert 7General Deputy Assistant Secretary

for Congressional andIntergovernmental Relations

internal HUD Distribution:

DE E 7137

CU 7233

10 148

Correspondence Originator çn rre F Concurrence Cou.cç Conc nceCode DED ED ,f DE DName Hayes LII irns Dunca* recca Bregón

Date./3 -

1.1h.i/o /çjpjOfticial Record Cop y s1nand Urban Developm ent form HUD -7 I 3.1( 02 /03 )

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5TH DISTRICT.KENTUCKY

COMMITtEE ON APPROPRIATIONS

RANKING MEMBER

SUBCOMMITTEE ON TEE DEPARTMENT OFHOMELAND SECURITY

SUBCOMMITTEE ON COMMERCE, JUS11CE,SCIENCE AND RELATED AGENCIES

!onrezz of thc iantted tatcs

ii.ouse of Reprszntatiuez

13ishinton 3Z 20515—i 705Fef,ruary 25, 2008

PLEASE RESPOND TO:

WASHINGTON OFFiCE:

Q 2406 RAYBTJRN HOUSE OFFiCE BUILDINGWASHINGTON. DC 20518-1105

12S2) 239—4601

DISTRICTOFFICES:

Q 551 CLIFTY STREETSOMERSET, KY 425501605) 679-5346 OR1—800—6324855

[J 601 MAIN STREET

HAZARD, KY 41101LEER) 439-0794

110 RESOURCE COLIRTSUITE A

PRESTONSBU9G, KY4IEO3606)659-0844

Department Of I-lousing And Urban Development

Congressional Liaison4 •

451 7th Street, SW

Washington, D.C. 20410

Re : Mr. James Doughton

.._CarnptonAJnitei.Metho.disL Church. .. - _., - —.

P0 Box 159

Campton,KY 41301

Dear Friend:

‘1

‘-—3

According to t he information I have received, Campton United Methodist Church applied

for a Capitol Improvement Loan in 1994, for a multifamily project built in 1970 for Low income

family housing, known as Campton I. They entered into a new program known as Market -to-

Market in 2004 and this program was supposed to pay off the balance of the original mortgageand borrow funds to put into the reserve for replacement funds account. This program also stated

that if there were to be any surplus cash at the end of a f is ca l yea r, the owners would g et a n

inéentive performance fee of up to three percent from that year. This incentive was to be paid

before any payments on the mortgage td 1-IUD. There was’a niistake on the new program with the

interest rate. HUD has agreed to correct the interest irate from the beginning and apply it to the

note, but Campton I has no t received any changes on the incentive that they should have been

getting. Please advise me if this is possible for the incentive to be carried back for the last three

years and six months.

Your assistance in this matter will be greatly appreciated. Please refer all correspondencein this regard to myDistrict Office in Somerset, Kentucky.

‘.•‘.i• ‘.•i,

HR:’rd

— .. .

Thanking you in advance fo r your kind cooperation in this regard,cI remain

Sincerely,

I,,•‘

‘ 1. ‘j,’;;

HAROLD ROGERS; i. ‘-.;Mmber ofCongress’-.. .

:,

I . .:

-3 I ,

I,

•1’’•

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INGTON, DC 20515—1705

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., .I

US. DEPARTMENT OF ROING AND URBAN DEVELOPMENT

Ill_I WASHINGON. DC 20410-1000. mi

OEOFCONGRESSIONAL

AND

IN1OVERNMENTAL RELATIONS

TheHonorable Harold Rogers

Meiber, United States

H*se of Representatives APR 22 2DO

5SlClifty Street

Sonerset, KY 42501-1782

DeRepresentative Rogers:

Thank you fo r your letter of February , 2008, on behalf of your constituent,

owner ofCampton MethodliHousing I apartments in Campton, Kentucky.

As noted in your letter, the subject prefty restructured its debt under the Mark-to-Market(M3) program in 2004. At that time, a Capial Improvement Loan originated in 1994 should havebeensubordinated to the newly created mortge debt. Also, the terms of the Capital ImprovementLoaLshould have been modified to reflect its bordinate position and a lower interest rate. The

Deprtment of Housing and Urban Developmt erred in not modifying the terms of that loan and,as arsult, subsequent payments made on thathan have reduced the surplus cash from propertyopettions that otherwj migt have been avable for owner incentive fees and other distributions.

HUT) and ihave executeãcorrective documents to modify the terms of theCapl Improvement Loan. The Department icurrently working cooperatively with -

to rJculate the accounting for each of the ys since the M2M restructure, to calculate theappriate distribution of funds and determinewhether an incentive fee should be paid to theownr for those years . F inal resolution is ant4ated in the very near future.

I hope this information is helpful in respnding to your constituent. If I can be of furtherassisance, please let me know.

hark A. Studdert(neral Deputy Assistant Secretaryfor Congressional and

Intergovernmental Relations

wwwJiud.ov tpano1.hud.gov

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Internal HUD Distribution:

HY-TOON 6230

AX-tO 139

H -9 146

H-9l00

Identification Lines: CG—00231 HY :FIELD/TOON :mrnni 4/17/08

X8386

Cor re sp onde nc e O ri gi na to r Concunence Concurrence Concurrence Concurrence Concurrence

Code HYHJ

H EX JName Toon Daf Montgomery

Date 4/17/08 j,14Oflicial Record Copy U.S. Departmnt olHousing and Urban Development form HUD-7 13.1 (02)03)

Previous edition is obsolete.