Opwdd ish application 2017

OPWDD Integrated Supportive Housing SFY 2017-2018 Application Submission Guidelines

Provider agencies interested in pursuing OPWDD funding associated with new integrated supportive housing projects are required to complete this application; this funding includes capital dollars, rent subsidies and/or service funding. This application process will enable OPWDD, providers and housing developers to comprehensively plan for development of new supportive housing projects and, for approved applications, to obtain timely commitments from OPWDD that are a required component of both the NYS Homes and Community Renewal (HCR) and the Housing Finance Agency (HFA) funding application processes.

Overview of Program The ISH program aligns with NYS’s initiatives to increase the number of affordable/supportive housing statewide. OPWDD’s Integrated Supportive Housing (ISH) program encourages and supports the development of new housing opportunities for people with intellectual and developmental disabilities (I/DD) who can benefit from an independent, non-certified community-integrated residential setting.

The OPWDD ISH program support includes financial development support coupled with rental subsidies and OPWDD supportive services once in operation.

The ISH program began in 2012 through a partnership with NYS HCR. Through this partnership, developers of affordable housing opportunities receive application scoring incentives for partnering with an OPWDD provider agency (also known as the housing “Support Agency”) and giving tenant preference for people served by OPWDD (see the section later in this document, entitled “Role of the Provider as the Housing Support Agency” for more information).

Under this program, OPWDD will provide funding for up to 25% of the total number of units which offer preference in tenant selection to individuals eligible to receive OPWDD services. OPWDD will provide financial support for up to half of the total development costs (TDC) for the units, less any commercial property development costs, with preference in tenant selection for individuals eligible to receive OPWDD services, as well as rental subsidies and OPWDD non-housing support services to the residents of these units.

OPWDD ISH Program Requirements OPWDD requires that all projects supported under the ISH program comply with the following:  Adhere to all state and federal laws and regulations pertaining to providing residential services to people with intellectual and developmental disabilities , including, but not limited to, Home and Community Based Services (HCBS) Settings regulations and the requirements of The Americans with Disabilities Act (ADA).

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Be located in areas with access to public transportation, shopping, places of worship, potential employers, and other important facets of a community.

Apartment sizes not exceed two bedrooms.

ISH Units are integrated throughout the development (i.e. not segregated into one wing/area of the project).

ISH Units are expected to be non-certified housing opportunities. ISH units will not be approved as Supervised IRAs; a Supportive IRA will only be considered if there is a well-documented justification that is approved by OPWDD on a person by person basis at the time the apartment is available.

People residing in the units have the freedom to receive OPWDD non-housing support services from an agency of their choosing, not necessarily the agency that participated in the ISH project, without jeopardizing their tenancy.

Additionally, all residents of ISH units must have their own enforceable leases that grant them the same tenancy rights as any other resident of the building.

Master/blanket leases that cover all the residents in the ISH units are not permitted.

Provider agencies participating in the ISH program ar e required to enforce these requirements for the entire regulatory term of their partnership with the developer, which is typically 30 years or longer.

The rents should be established at the 50% AMI level for the regions, and must be within the allowable Housing Subsidy level for the area (ISS). The rent charged for the OPWDD Units may not exceed the rent charged for other comparable units in the Project which are not OPWDD Units which are designated for occupancy by individuals in the same income bracket (based on “Area Median Income” or “AMI”).

HCR Funding Opportunities PLEASE NOTE: For projects designating preference in tenant selection to individuals with an intellectual or developmental disability, HCR requires a written support letter from OPWDD which both demonstrates OPWDD’s support for the project and designates its contribution of capital funding. Failure to obtain OPWDD support in advance of submitting a proposal to HCR may have a negative impact on your project scoring, and will likely cause your project to be denied by HCR. See the HCR application guidelines for more information.

HCR provides two opportunities annually for developers to apply for funding for multi-family housing projects: 1) the Open Window RFP; and 2) the Unified Funding RFP. The Open Window RFP provides developers the opportunity to apply for 4% Low Income Housing Tax Credits (LIHTC) and other sources of development financing and accepts applications on a rolling basis. The Unified Funding RFP, which provides access to 9% LIHTC and other sources of development financing, is released in the late summer and accepts applications until the application deadlines announced in its RFP. OPWDD does not participate in the early decision rounds of the Unified Funding RFP. While the application due dates of the OPWDD ISH application tend to align with the Unified Funding RFP’s schedule, interested applicants may apply for funding under either HCR RFP. Page 2 of 11

HCR should be contacted with questions regarding the specific requirements of either the Unified Funding RFP or the Open Window RFP. It is highly recommended that project teams contact HCR early in the RFP process to ensure that all HCR expectations can be met.

Additionally, it should be noted that a separate application is required for each funding mechanism and that OPWDD support letters do not transfer. For example, a project receives OPWDD support for the Unified Funding RFP, but HCR does not award the project; if the developer wants to convert the project for consideration under the Open Window RFP process, a new application for support must be submitted to OPWDD and a new support letter is required.

Role of the Provider as the Housing Support Agency Provider agencies participating in the ISH program play a critical role as the housing Support Agency (SA). Expected responsibilities include, but are not limited to, the following areas:  The SA is expected to develop and maintain a strong relationship with the developer throughout the entire process (i.e. from the initial application through the end of the 30-year regulatory period).  During the rent-up period of the project, the SA will work with its respective OPWDD Developmental Disability Regional Office (DDRO) to identify individuals who can be appropriately served in an ISH residential setting ; prospective tenants can be individuals served by the SA for their non-housing supports and services or by other OPWDD approved providers. This includes the DDRO making referrals to the SA.  When units become vacant, the SA will work with the DDRO to identify potential replacement tenants. This includes the DDRO making referrals to the SA. 

The SA is also expected to assist with the process of transferring rental subsidies (OPWDD, HUD, etc.) to the appropriate authority (i.e., pay the rent) and work in collaboration with the landlord/property manager to resolve any tenancy issues.

As mentioned in the “OPWDD Expectations and Requirements” section, residents of ISH units are not required to receive OPWDD non-housing supports and services from the SA. The individual can receive housing supports from the SA and still choose to receive other supports and services from any other qualified OPWDD provider or self-direct his/her services, without jeopardizing his/her tenancy.

Eligible Applicants Only OPWDD providers in good standing can submit an application for integrated supportive housing. In addition, applicants must either partner with an experienced developer or have an affiliate or related entity that has experience in developing Page 3 of 11

supportive housing. Applicants should identify the development team and their relevant experience in the organizational introduction section of their application.

This application is required for any supportive housing project that includes a set -aside number of units for persons with I/DD and that will submit a housing fund ing application to NYS Homes and Community Renewal (HCR). This includes, but is not limited to, the annual Unified Funding RFP and the HFA Open Window RFP. Application Requirements Please follow the application guidelines below to structure your application to OPWDD’s ISH program.

Cover Page Complete the OPWDD ISH Cover Page (attachment 1). Information from this page will be used as a quick reference guide for your project’s details so it is important to ensure that it is errorfree.

Rating Factor Categories Compose a narrative statement describing your project using the Rating Factor categories, subcategories and questions, if applicable, as a guide for including relevant information. This narrative statement should be no longer than six pages (single spaced, 12 pt font, and lettersized paper). Separate each category and sub-category section by bolding the title.

NOTE: The Rating Factor Sections and Sub-Sections serve as the framework for the minimum information required in your agency’s ISH application. OPWDD will be looking for additional information that makes projects “stand out,” such as projects located in emerging areas of (re)development, projects that address a need for affordable housing in a certain area, or factors that contribute to a project sustaining its appeal 10-15 years after its opening date.

Section I: Experience – In this section, outline the experience relevant to this project of both your agency and, if applicable, the housing developer with whom you have partnered. Include specific project/site names, data, and time periods to support claims made in this section. a. Support Agency Experience i. Has the service provider participated in an ISH project before? If so, please provide information on the project’s name, address, number of units for people served by OPWDD, and if the project is currently operational. ii. Does the Support Agency have a proven track record of providing services for people with I/DD? Provide a brief overview of the services provided, the length of time they have been offered and information on the total number of people served. iii. Does the Support Agency have experience coordinating and providing services in non-certified settings? Provide information on experience with coordinating services in apartments, houses, and other non-certified sites, and administering housing subsidies through ISS and/or Self Direction.

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iv. Is the Support Agency fiscally viable according to its most recent Consolidated Fiscal Report (CFR)? Please provide an attestation to support this claim (e.g., As demonstrated in the CFR for year 20XX, the agency had a surplus of $XXX, and there has not been a material change in the Agency’s finances since the date of the CFR affecting its fiscal viability). If there have been material changes, describe the changes. v. Has the service provider ever appeared on the OPWDD Early Alert list? If so, indicate the time period that they appeared on the list and what corrective actions were taken to remove the Early Alert designation. b. Developer Experience i. Does the developer have experience applying for funding through NYS HCR? If so, provide information regarding their most recent application for either the Unified Funding or Open Window RFP and information on projects that were successfully funded and developed. ii. Does the developer have experience developing special needs projects? If so, please provide information on the project location, target population served, service provider partnership, and the total number of units given tenant preference. iii. Does the developer have experience developing other projects in the region where they plan to build? If so, please provide a description of the projects. iv. Does the developer already have approval to build on the desired site?

Include information on permits and variances that have been filed and approved, information on environmental reviews conducted by NYS Department of Environmental Conservation, and other pertinent information regarding site approval. v. Does the developer have any previous projects with NYS HCR which failed to be completed? If yes, provide information on the project location and the reasons that it was not completed and fully developed.

Section II: Project Features – Use this section to describe your proposed project. Include specific information on the number of total units and the number of ISH units, the proximity of the site to necessary community features, and information on the support services provided in the ISH units. Include a site map, if one is available. At a minimum, be sure to comment on the following items (additional information is encouraged): a. Location i. Is the location of the project close to existing public transportation lines? If not, can routes be diverted? Will there be a designated area (e.g., a covered bus stop) within, or near to, the apartment complex? ii. Can the person easily participate in community activities? For example, is the project close to shopping areas, potential employers, places of worship, libraries and other public facilities, etc.? List the community activities and how close they are to the project site. iii. Describe the proximity of the project site to hospitals, emergency medical services, police stations and fire stations. iv. Is there on-site parking?

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v. Are there sidewalks, or proposed sidewalks, or easy access from the buildings to main public streets? Describe. vi. Is there anything about the project which makes it uniquely attractive in terms of building a community (e.g., located in an economic redevelopment zone, close to emerging job opportunities, part of a residential/commercial investment area, etc.)? vi. Is there anything regarding the site location which would trigger heightened scrutiny under the federal HCBS Settings rule? For additional guidance, see the heightened scrutiny questionnaire located on the OPWDD website at the following web address: http://www.opwdd.ny.gov/sites/default/files/documents/HCBS-PARTII.pdf b. Percentage of ISH Units i. Does the number of ISH units meet OPWDD guidelines (up to 25% of the total number of units in the project)? If the percentage of units is below the maximum level please explain. ii. Are there other special population groups being designated to reside in the complex? If so, what special population groups will be included, and at what percentage of the total number of units? It should be noted that the combined special population units cannot exceed 30% of the total number of units in the project. c. Universal Design (adaptability/accessibility) i. Do the units meet Universal Design Standards? Will the units be adaptable/accessible? Please describe pertinent unit features such as doorframe widths, countertop heights, bathroom accessibility features, and other features within the units which may allow a person with a disability to live comfortably. d. Onsite Support i. The SA is expected to provide housing-related supports to the individuals living in the project. What types of supports does the agency anticipate providing, and how will this be documented? Will the SA be prepared to provide housing-related data to OPWDD when requested (e.g. names of people residing there, summaries of any problems, etc.)? ii. As part of the program, it is expected that the service provider will have an office onsite for support staff. Please provide information on what the proposed office will feature (phones, computers, secure file storage, etc.)

Will there be regular staff hours in the office? Will there be a 24/7 telephone number for people to call in case of emergency? iii. Does the service provider have procedures/protocols in place to address tenancy issues as soon as they arise? If so, please describe the procedures that will be enforced in order to resolve tenancy issues and any safeguards that will be put into place to prevent issues from occurring.

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e. Development Timetable i. Please provide a proposed timeline of your project, from the initial application submission to the rent-up period. Please be sure to include target dates (month and year), objectives to be completed, and any potential barriers which may delay/extend the timetable. f.

Ancillary Benefits i. Will there be additional benefits to people served by OPWDD, other than the increase in residential resources, as a result of this project? If so, set forth the benefits. ii. Will there be secondary benefits in the area of community/economic development that result from this project? If so, set forth the benefits.

Section III: Project Budget – In this section, outline and explain all of the costs associated with the development, construction and operation of the ISH project. Information in the narrative provided in this section should align with the budget worksheet. a. Please provide a line item development budget, including all anticipated funding sources, using HCR’s standard application Exhibit 3 format (http://www.nyshcr.org/Forms/CapitalProjects/). Please specify the dollar amount of OPWDD capital support being requested bearing in mind that OPWDD may support debt service on permanent financing for the project or provide an outright loan or grant. If OPWDD agrees to fund the project, the decision on the form of capital support will be made by OPWDD. OPWDD will consider requests for funding up to 50 percent of the Total Project Cost (TPC), excluding commercial property development costs, prorated by the percentage of units for which a preference in tenant selection is provided to individuals with an I/DD diagnoses. Absent extraordinary circumstances, OPWDD capital support is provided at the time of loan conversion from construction financing to permanent financing.

Please also indicate if you have identified capital funding that could be reinvested from existing or newly funded OPWDD programs.

It is important to note that the information provided on the development budget should be consistent with the information that has been, or will be, provided in the final application submitted to HCR. OPWDD will limit its participation on any supported projects relative to the calculations and amounts provided in this application. Therefore, if the calculations and amounts are inaccurate, or in any way understate total project costs, a funding gap may result that must be covered through the deferral of developer fee and/or owner equity contribution to the project.

b. Please provide information in the narrative regarding the following items: i.

Cost per unit --Is the cost per unit realistic/reasonable compared to other projects in that region/area? Please provide a detailed explanation of the costs outlined on the budget sheet.

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ii.

Total project cost Is the total project cost realistic/reasonable compared to other projects of similar scale in that region? Please provide a detailed explanation of the costs outlined on the budget sheet.

c. Initial Rents

Are rents are affordable according to AMI regulations? If not, please explain.

Please provide estimated rent levels for each apartments size proposed, and indicate whether the rents include utilities. The rents should be established at the 50% AMI level for the regions, and must be within the allowable Housing Subsidy level for the area (ISS). The rent charged for the OPWDD Units may not exceed the rent charged for other comparable units in the Project which are not OPWDD Units which are designated for occupancy by individuals in the same income bracket (based on “Area Median Income” or “AMI”).

Section IV: Target Population/Outreach/Tenant Selection - Please use this section to explain your agency’s methods of selecting potential tenants of the ISH units. At a minimum, please comment on the following items (additional information is encouraged): a. Target Population i. Has the service provider clearly identified a target population (e.g. people formerly residing in certified settings, individuals aging out of residential schools, people at imminent risk in their current residential arrangement, etc.)? ii. Has the service provider contacted the Regional Office (RO) for assistance in identifying this population? iii. Does targeting this specific population have any secondary benefits that should be considered by OPWDD in assessing this project? iv. Is this application requesting funding in conjunction with an Empire State Supportive Housing Initiative (ESSHI) application that has received a conditional support letter? If yes, please check the appropriate box on the cover sheet and submit a .pdf of the ESSHI application and conditional support letter as part of your ISH application to OPWDD. b. Work with DDRO i. Will the service provider work with the respective DDRO to establish a target population and regional priorities? Is the service provider willing to accept tenant referrals directly from the DDRO for people who are in high need of a housing placement? Describe the procedure. ii. Does the service provider have procedures in place to work with OPWDD as quickly as possible to select a new tenant for vacant units? If so, what are they?

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c. Outreach/Marketing i. Will the service provider develop an outreach/marketing campaign to garner interest in the ISH units? If you have previous experience with these types of campaigns, describe your outreach/marketing campaign. If you have not, describe your proposed campaign. ii. What will be the selection method for referring potential residents to the RO if a large number of people are interested in a housing opportunity?

Section V: Anticipated Services– Describe in detail all proposed services that will potentially be used by individuals residing in the ISH units, including their anticipated costs and their benefits to the people residing in the units. Additionally, describe how these services will evolve as people move along the residential continuum and their needs and abilities change. Also, indicate how the services and supports are expected to be funded, which may include the use of existing resources in your agency and/or a partner agency or approved new allocations for individuals from the target population(s). Please note, an individual may access non-housing related services and supports from any OPWDD approved provider. Applicants should also include specific information that demonstrates that their agency has the capacity and capability to coordinate and administer services in an ISH project, even if some/all of the tenants select another provider, or choose to self-direct their services.

At a minimum, comment on the following items (additional information is encouraged): a. Proposed Services i. Has the agency clearly detailed all of the proposed services for the anticipated needs of individuals who may be residing in the project based upon the needs of the population the agency is expecting to serve as the housing Support Agency? ii. Has the agency demonstrated an ability to modify the services being provided to a person as his/her needs and abilities change over time? iii. Is the agency prepared to provide non-housing services to only some of the tenants if some choose other service providers (for example, can the provider adequately provide services if only half of the individuals needing services select it as a provider, or is the service provision contingent upon 100% of the individuals choosing services from it)? b. Sources of Service Funding i. Has the agency clearly identified all sources of funding for the services they anticipate people residing in the ISH units will receive? c. OPWDD Guidelines i. Do the proposed services adhere to all state and federal guidelines to provide services to people with intellectual and developmental disabilities in community-based settings?

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Section VI: Integration – Use this section to describe how your project will maintain compliance with all state and federal policies and regulations, including federal HCBS Settings Regulations and principles identified in the Olmstead decision.

Pursuant to Federal regulations (CFR Part 441.301(c )(1-4)), the project setting and those services delivered through the service provider(s) must adhere to the requirements under the Home and Community-Based Services (HCBS) Settings rule, including those pertaining to provider-owned and controlled residential settings, person-centered service planning, and tenancy rights with eviction protections.

The narrative must affirm compliance with these standards and show how the project will encourage full integration of the residents with I/DD into the larger community. At a minimum, the discussion must address the following: 1) the design of the supportive services to be provided to residents; 2) the layout and distribution of the set-aside units; and 3) the location of the project with respect to community resources such as public transportation and employment and socialization opportunities. a. Location Requirements i. Is the project located near a current or former institutional setting? ii. Would the project be subject to a heightened scrutiny review for any other reason? b. ISH units are integrated throughout building i. Are the ISH units dispersed throughout the building or located in one section/wing? ii. Are the ISH units different from any other units in the building? If so, explain how and why the units are different. c. Tenants have choice of service provider i. Will tenants of the ISH units have the freedom to choose the provider of their non-housing services (for example, waiver services)? If not, explain. d. Tenancy rights/Leases i. Will all residents of ISH units have individual, enforceable leases?

Provide a copy of a sample lease, if available. ii. Will all residents of ISH units have the same rights as any other tenant of a rental property in your project? If not, explain in detail.

Individual Choice OPWDD will assume that you intend to be the project’s support agency, which will enter into a housing/services agreement, subject to HCR and OPWDD review and approval, with the project owner or manager. While OPWDD Integrated Supportive Housing projects typically have a single agency that enters into the H/SA, consider that residents may choose to receive their non-housing services from any qualified agency and/or may choose to self-direct. The narrative must affirm your commitment to individuals’ retaining their apartments irrespective of their decision to exercise such choice.

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Letters of Cooperation or Support New York State encourages organizations to work closely with local governments, municipal officials and other social service providers during the planning stage of their projects. If available, attach letters of support from such entities. It is generally not necessary to secure such letters for purposes of submitting this application. Exception: if the proposal assumes that an entity other than the applicant will provide funding and/or supports and services to residents with I/DD, a letter of support from that agency must be attached.

Other Considerations Medicaid Redesign Team (MRT) Capital If your proposal contemplates applying for MRT capital dollars to serve the I/DD population, whether those dollars are allocated by HCR, HFA or via the Homeless Housing and Assistance Program (HHAP), you must consult with OPWDD’s Division of Person-Centered Supports prior to submitting the application.

Application Submission Submit your application by e-mail to the following e-mail address by 4:30 pm on the date identified in the transmittal memo for the funding round under review: cof.division.person.centered.supports@opwdd.ny.gov All documents should be in PDF format. Documents can be in separate files, but must have file names that clearly identify the project name and the content of the file. If OPWDD has questions regarding any aspect of your agency’s application, or requires additional supporting information, you will have three business days to respond to their email inquiry for the additional information to be considered.

Questions All questions can be sent via e-mail to the following e-mail addresses: patricia.downes@opwdd.ny.gov and alexander.s.brooks@opwdd.ny.gov .

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