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US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
HOUSING FEDERAL HOUSING COMMISSIONER AND
US DEPARTMENT OF AGRICULTURE

FARMERS HOME ADMINISTRATION

PREVIOUS PARTICIPATION CERTIFICATION

PARTI CERTIFICATE (To be completed by Principals of Multifamily Projects)

1 TO INome and City of HUD Area Office or USDA-FmMA District Office

anore the Application is Fred.)

Denver Regional/Area Office

Executive Tower Inn, 1405 Curtis Street
Denver, Colorado 802C2

3. LOAN OR CONTRACT AMOUNT 14 NUMBER OF UNITS OR BEDS

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2. PROJECT NAME, I.D., OR PROJECT NUMBER AND CITY, STATE CONTAINED IN THE APPLICATION

Windsor Court Apartments

Aurora, Colorado

ALSO:

SECTIONS CONTRACT NUMBER S. SECTION OF ACT (known) 221 (8) (4)

LIST OF ALL PROPOSED PRINCIPAL PARTICIPANTS 7 A-chabetical List of the Full Names fast name first) ang Andrew of bil know- princ.se's and affiliates people. Dusine wel one organisational proposing 10 Darlic gate in the project desc.bed above.

C099-K

6. TYPE OF PROJECT ID One;
Existing
Rehab-1.18.
Proposed this al

8 Role of Each Principal

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I meaning the ing...dual who signs as we!!: the corporations, partirentes or other parties listed above who certify! hereb, apply 10 HUD or USDA. FMHA, as the case may be, Jr appra 10 participate as a principal in the •ove and proiect listed above based upen my following previous partici. Detion record and this Certificate.

I cemily tha: all the statements made by me are true, complete and correct 10 the best of my know edge and being' and bre made in good faith, in cluding the d01a contained in Schooute & ang Exhib is signed by me and attached to 10:s form.

A. 1 further can.'y that.

1. Schedule A contains a listing of every assisted of insured project of MUD, USCA-FmMA one S10:0 and Local Government housing finance agencies in which I have been or art. now a principal.

2. For the period beginning 10 years prior to the date of this certifi cation, and except as shown by me on the com.ficate

· No mortgage on a project listed by me has ever beer in de'auit, assigned to the Government or foreclosed, nor has mortgage ra lel b. the mangages been given,

a I have ne: experienced defaults or noncompliances under any Conve-110: Contract of Turnkey Contract of Sale in connection with a Dub'is housing project.

& To the best of my knowledge, there are no unresolved fingings raised as a real: of HUD Que's, management reviews or other Governmetal investigations concerning me or my projects. 6. There has not been a suspension or termination of payments under an, HUD assistance contract in whict. I have had legal or bene'.ca: interest attributable to my fault or negligence. I have no: beer, convicted of a felony and am not presently, 10 my knowledge, the subject of a complaint or ind.coment charging a felons. A felony is defined any offense punishable by in. prisonmen: for a term excooding one year, but does not include any offense classified as a misdemeanor under the lem of a State and DunionoDNO BY HIDTIL Ament of two years or less):

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1. I have not beer suspended. deberred or otherwise restricted by any Department of Agency of the Feders: Government or of a Sute Government from doing business with such Department or Agency

Tvped or Printed Name of Princ.pa

Lance H. Wilson

Signature of Principal

Lance #. Wilso

8. I have not defaulted or an obligation covered by a wrely or performance bone and have not been the subject of a claim. under an employee fit, bond.

3. All the names of the parties, known to me to be principals in this project(s) in which I D'OSGue to participate, are idted above.

4. I am not a MUDISHA employer or a member of a HUDIMA employee's moc.ale housshare as defined in HUD's Standard of Conduct in 34 CFR 0 735 20511121/USDA's Standard of Conduct in 7 CFA Pan O Subpart B.

5. I am not a principal participant in ar assisted of intrae project the date on which construction has stopped for a perio in acess of 20 days or whet. has been substantially completed for more than 90 days and documents for closing, including final cos: certification have not been food wrist. HUD or FmHA

6. To my knowledge I have no: boon found by HUD or FmMA to be on noncompliance with any applicable civil rights love.

8. (APPLICABLE TO GENERAL PARTNERS OR PROJECT OWNERS ONLYI

All the parties who are princiso's or who are proposed as princ gals here are listed above and no principals or identities of interest are concealert or omitted.

C. I am not a Member of Congres or a Resident Commissione nor other wise prohibeled or lanned by law from contracting with the Government of the United Stones of America.

D. Statements above fif any) to which I cannot consily have been deleted by striking through the words with a pan. I have initialed each deletion lil any) and have attached a true and accurate signed statement lit appir cable to explain the facts and circumstances which I think helps to Qualify me a responsible principal for participation in the project. Title, Role of Capacity Area Code and Telephone No Original Limited Partner

Dese

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WARNING: 1 grime to brewingly make false statements to the THIS FORM WAS PREPARED BY (Procce print name) AREA CODE & TELEPHONE NO. United States on the or any other similar farm. Panali- upon con ..tion can include a fine and imprisonment. For doll 100: Trots

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REPORT OF INSPECTOR GENERAL INTERNAL PROCESSING ONLY

(303) 779-1555

THE INDICES OF THE INSPECTOR GENERAL'S OFFICE HAVE BEEN CHECKED FOR THE NAMES OF THE PRINCIPALS LISTED IN PART I ABOVE AND D. WE HAVE NO INFORMATION OF O WE HAVE INFORMATION AND A REPORT IS ATTACHED

2616

TITLE

EXHIDIT

F

SIGNATURE

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MEMORANDUM TO: Marjorie Arsht

INSERT TITLE

FROM Robert B. Kenison, Associate General Counsel
Office of Assisted Housing and Community Development,

BUBJECT: Section 8 Moderate Rehabilitation: Procedure for
Central Office Selection of PHAS

ac

You have asked for our analysis of the process for selection of PHAs who will receive section 8 moderate rehabilitation funding in FY 84 and FY' 85.

In FY 84, all moderate rehabilitation funding decisions were made in Headquarters. Field Offices were asked to invite PHAS administering a section 8 moderate rehabilitation program to submit requests for funds "based upon either projects submitted this Fiscal Year or a pre-existing pipeline" memorandum of March 1, 1884 to Field Offices from Mr. Barksdale). After receiving the letters requesting funds, a Central Office committee decided what PHAs would be invited to submit applications.

Following the Headquarters decision, the Field Offico asked the selected PHAS to submit formal applications for funding for the amount decided by the Central Office committee. In FY 85, Housing would like to distribute moderate

rehabilitation funds to the "pipeline" of PHAs which have already requested additional unita.

The program regulations state (. 882.501(a)) that the HUD Field Office Invites PHA applications for the moderate rehabilitation program. If there is not enough contract authority to fund all approvable applications, HUD ranks the applications in accordance with a set of factors stated in the rule (. 882.501(b)). The Central Office selection process in FY 1984 was apparently not based on any explicit examination of the regulatory selection factors.

It is our view that the centralized selection procedure used this year, or the use of the FY 84 pipeline to select moderate rehabilitation PHAs in FY 85, is consistent with the regulatory requirements for distribution of moderate rehabilitation funds and processing of PHA applications. First, the regulatory procedures deal with invitation of applications and selection among applications by a Field Office, but do not control or

for pr

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pogut pour the pfiflgqtion by Headquarters. Second,145430

regulation lets

determine what PHAS are to

be invited to submit applications for available funding; the regulatory Field Office competitive selection criteria come into play when and if the Field Office has decided to invite

applications from a number of PILAS, and the available contract authority is not sufficient to fund all applications received in response to an invitation.

.

In FY 84 (and prospectively also in FY 85), the funding decisions are made by Headquarters before the Field Office invites application from a selected PHA for the amount of funding available, and there is not, at that stage, a competition between. PILAS for the funding.

A centralized selection process is legally acceptable if there is a reasonable and reasonably systematic administrative processs for decision on the PHA requests. The character of the selection process should be documented by an administrative record of the factors considered and the basis for the HUD decisions.

1454309

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Per your request, attached is information on the legal requirements
of the Section 8 Hoderate Rehabilitation Program. Included in this overview
of the program is information on: 1) How an owner borrows funds to do the
rehabilitation, 2) How the owner pays back the funds borrowed and 3) the
minimum and maximum rehabilitation costs.

In addition to the Program Description, the following attachments are provided for your review:

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