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78 Page 14 In the case of multifamily rental housing, projects of five or more units must be designed and constructed to be readily accessible to and usable by persons with disabilities. For new construction involving five or more units, and substantial rehabilitation projects of 15 or more units (with substantial rehabilitation defined as rehabilitation costs representing 75 percent or more of the replacement costs of the completed facility), the following requirements must be followed _ a minimum of 5 percent of the dwelHng units must be accessible to individuals with mobility impairments and an additional 2 percent accessible to individuals with sensory impairments. At the minimum, one unit shall be made accessible to mobility-impaired individuals and one unit accessible to sensory impaired individuals. When less than substantial rehabilitation is undertaken in multifamily rental housing projects of any size, these alterations must, to the maximum extent feasible, make the dwelling units accessible to and usable by individuals with disabilities, until a minimum of 5 percent of the dwe1ling units (but not less than one unit) are accessible to persons with mobility impairments; for this category of less than substantial rehabilitation, the additional 2 percent of the units for persons with sensory impahlnents does not apply. Also for this category of rehabilitation, if undertaking accessibility alterations imposes undue financial and administrative burdens on the operation ofthe multifamily housing project, the alterations are not required. The project sponsor and their architect will be required to execute a certification of compliance which identifies the specific units meeting these requirements. An housing, regardless of whether funded with federal funds or not, must comply with the Fair Housing Act, which prohibits discrimination in housing practices on the basis of race, color, religion, sex, and national origin. This Act also applies in the sale and/or rental of housing for families with children and persons with disabilities. This Act further establishes requirements for the design and construction of rental or for-sale multifamily housing to ensure a minimum level of accessibility for persons with disabilities. For units designed and constructed for first occupancy after March 13.' 1991, the units, including public and common areas) must be designed and constructed in accordance to meet certain disability standards. The Act makes a distinction between "covered" and not "covered)' dwelling units. Covered multifamily dweUing units are: units in buildings consisting of 4+ units served by one or more elevators, or ground floor dwelling units in other buildings with 4+ units. N. DemO!!raDbic Data on Protectl Pro!!ram Beneficiaries. If your project is funded, you will be required to provide County Housing staff with a certain amount of demographic data depending on your particular type of project. The required data may include: client household income, client racial/ethnic background, and head of household information. HUD is noW requiring that you report on twelve categories of racial/ethnic groups. The County Housing statT assigned to monitor your project will discuss with you the extent of other demographic data required for your particular project. In addition, if your project/program qualifies for funding under CDBO criteria limiting benefit to very-low and low- income individuals, you will be required to verify your client's income by obtaining employment verification andlor benefits income verification andlor tax returns or client self-certification. O. Relocation. tfyour capital project involves either temporary or pennanent displacement oftenants, homeowners, or businesses, you may have to pay relocation expenses under complex rules under either the Unifonn Relocation Act (URA) or Section 104(d) of the Housing and Community Development Act. These costs can be substantial and must be included as part of your total project costs. Relocation costs are an eligible activity under HOME and CDBO. While relocation costs are eligible activities under the funding provided by this NOF A, your application will be reviewed for your ability to obtain other sources of funding to support your various costs, including relocation. If you think your project may involve relocation, please contact the County Housing staff to discuss relocation issues and applicable federal requirements. Relocation assistance and payments for eligible persons under Section l04(d) or the URA both require a rental assistance payment based on a period of several months - 42 months under URA and 60 months under Section I04(d). P. Fundin!! on Reimbursement Basis. The County of San Mateo has a strict policy of not providing funding advances before project costs are incurred and paid. The County normally funds community development projects/programs on a reimbursement basis. Reimbursement is made only upon complete documentation of performance of program goals or completion and payment of incurred costs. Program Guidelines for Funding of Housing Development Activities FY 2009-10 7