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SAHA must submit the necessary documentation to HUD for a subsidy layering review. Except <br />in cases of HAP contracts for existing structures, or if such reviews have been conducted by the <br />applicable state and local agencies (defined by HUD as qualified housing credit agencies, or <br />HCAs), SAHA may not enter into an agreement to enter into a HAP contract or a HAP contract <br />until HUD, or an independent entity approved by HUD, has conducted any required subsidy <br />layering review and determined that the PBV assistance is in accordance with HUD subsidy <br />layering requirements. However, in order to satisfy applicable requirements, HCAs must conduct <br />subsidy layering reviews in compliance with the guidelines set forth in the Federal Register <br />notice published July 9, 2010. <br />The HAP contract must contain the owner's certification that the project has not received and <br />will not receive (before or during the term of the HAP contract) any public assistance for <br />acquisition, development, or operation of the housing other than assistance disclosed in the <br />subsidy layering review in accordance with HUD requirements. <br />17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT <br />25 Percent per Project Cap [24 CFR 983.56(a), FR Notice 11/24/08] <br />In general, SAHA may not select a proposal to provide PBV assistance for units in a project or <br />enter into an agreement to enter into a HAP or a HAP contract to provide PBV assistance for <br />units in a project, if the total number of dwelling units in the project that will receive PBV <br />assistance during the term of the PBV HAP contract is more than 25 percent of the number of <br />dwelling units (assisted or unassisted) in the project. <br />17-II.G. SITE SELECTION STANDARDS <br />Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards <br />[24 CFR 983.57(b)] <br />SAHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing <br />on a site or enter into an agreement to enter into a HAP contract or HAP contract for units on the <br />site, unless SAHA has determined that PBV assistance for housing at the selected site is <br />consistent with the goal of deconcentrating poverty and expanding housing and economic <br />opportunities. The standard for deconcentrating poverty and expanding housing and economic <br />opportunities must be consistent with the SAHA's Plan under 24 CFR 903 and SAHA <br />administrative plan. <br />In addition, prior to selecting a proposal, SAHA must determine that the site is suitable from the <br />standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, <br />regulations, and Executive Orders, and that the site meets the HQS site and neighborhood <br />standards at 24 CFR 982.401(1). <br />It is SAHA's goal to select sites for PBV housing that provide for deconcentrating poverty and <br />expanding housing and economic opportunities. In complying with this goal SAHA will limit <br />approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent <br />or less. <br />However, SAHA will grant exceptions to the 20 percent standard where SAHA determines that <br />the PBV assistance will complement other local redevelopment activities designed to <br />deconcentrate poverty and expand housing and economic opportunities in census tracts with <br />poverty concentrations greater than 20 percent, such as sites in: <br />iii29iio Page 17-7 <br />