NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS (NOIRROF) April 10, 2015 - Date of publication New York State Housing Trust Fund Corporation (HTFC) 38-40 State Street Albany, New York 12207 (518) 486-3379 On or about April 20, 2015, the New York State Housing Trust Fund Corporation (HTFC) will submit a request to the U. S. Department of Housing and Urban Development (HUD) for the release of HOME funds under Title II of the Cranston-Gonzalez National Affordable Housing Act (NAHA) of 1990, in accordance with section 288 (42 U.S.C. 12838), to undertake a project known as the 2013 New York State HOME LPA Program. The 2013 HOME LPA Program funds a variety of activities through partnerships with counties, municipalities and non-profit community-based housing organizations, which are referred to as Local Program Administrators (LPA). Each LPA works within a specific geographic area - usually a county or municipality. The Program provides funds to acquire, rehabilitate or construct housing or to provide assistance to low- and moderate-income home-buyers and renters. Funds must be distributed in accordance with needs and priorities identified in the State's Consolidated Plan. The proposed activities that are the subject of this Notice are Categorically Excluded under HUD regulations at 24 CFR Part 58 from National Environmental Policy Act requirements. The specific LPA Program that is the subject of this Notice do not constitute every LPA Program that is proposed for inclusion within the 2013 New York State HOME LPA Program. A full listing of the 2013 HOME LPA Programs is available at http://www.nyshcr.org/Funding/Awards/. This is the first tier of review in a 2-tiered process. The specific addresses of homes are not known at this time because the participating property owner identification process is ongoing. Therefore, under 24 CFR Part 58.15 (Tiering) and 24 CFR Part 58.32 (Project Aggregation), HTFC will use a tiered approach and once specific sites are determined, each site will be reviewed in compliance with the instructions established in the Tier 1 Review. No physical work will begin on properties until all levels of environmental review are complete and found to be in compliance. Tier 1 review addresses specific environmental factors for which compliance has been documented, regardless of specific site locations. It prevents repeating the same compliance factors on a Tier 2 site-specific basis, once all participating homeowners are known. The following 2013 HOME LPA Program will be undertaken in this publishing area. An Environmental Review Record (ERR) that documents the environmental determinations for this Program is on file at http://www.nyshcr.org/Programs/NYSHome/ and the following location: Otsego Rural Housing Assistance, Inc., for purposes of the 2013 Homeowner Rehabilitation Program for 15 homes in Otsego County. The ERR is available at: Otsego Rural Housing Assistance, Inc., 50 W. Main Street, Milford, NY 13807 and may be examined or copied weekdays 9:00 A.M. to 4:00 P.M. Additional LPA Programs in this publishing area may be the subject of additional public notices. A full listing of the 2013 HOME LPA Programs is available at http://www.nyshcr.org/Funding/Awards/. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to Heather Spitzberg, Esq., Environmental Analysis Unit, NYS Housing Trust Fund Corporation, 38-40 State Street, Albany, New York, 12207 or at eau@nyshcr.org. Please note to which LPA your comment pertains in your correspondence. All comments received by April 17, 2015 will be considered by HTFC prior to authorizing submission of a request for release of funds. RELEASE OF FUNDS HTFC certifies to HUD that Ms. Heather Spitzberg, Esq. in her capacity as Certifying Officer consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD's approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows HTFC to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will consider objections to its release of funds and HTFC's certification received by May 5, 2015 or for a period of fifteen days following its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of HTFC; (b) HTFC has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the project have committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to Director of Community Planning and Development U.S. Department of Housing and Urban Development 26 Federal Plaza New York, New York 10278-0068 Potential objectors should contact HUD to verify the actual last day of the objection period. Ms. Heather Spitzberg, Esq. Certifying Officer April 10, 2015 - Date of publication
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