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termination, so that a participant's assistance is terminated set forth at part 5 of this title are modified as follows :
<br /> only in the most severe cases . Recipients are not prohibited (i) The Indian Civil Rights Act (25 U.S .C . 1301 et seq .) applies
<br /> from resuming assistance to a participant whose assistance has to tribes when they exercise their powers of self-government, and
<br /> been terminated. to IHAs when established by the exercise of such powers . When
<br /> (b) Due process. In terminating assistance to a participant, the an IHA is established under State law, the applicability of the
<br /> recipient must provide a formal process that recognizes the Indian Civil Rights Act will be determined on a case-by-case
<br /> rights of individuals receiving assistance to due process of basis . Projects subject to the Indian Civil Rights Act must be
<br /> law. This process, at a minimum, must consist of: developed and operated in compliance with its provisions and all
<br /> ( 1 ) Written notice to the participant containing a clear implementing HUD requirements, instead of title VI and the Fair
<br /> statement of the reasons for termination ; Housing Act and their implementing regulations .
<br /> (2) A review of the decision, in which the participant is given (ii) [Reserved]
<br /> the opportunity to present written or oral objections before a (c) Affirmative outreach. ( 1 ) If the procedures that the recipient
<br /> person other than the person (or a subordinate of that person ) intends to use to make known the availability of the program are
<br /> who made or approved the termination decision ; and unlikely to reach persons of any particular race, color, religion,
<br /> (3 ) Prompt written notice of the final decision to the sex, age, national origin, familial status , or handicap who may
<br /> participant. qualify for assistance, the recipient must establish additional
<br /> procedures that will ensure that interested persons can obtain
<br /> §582.325 Outreach activities. information concerning the assistance.
<br /> Recipients must use their best efforts to ensure that eligible (2) The recipient must adopt procedures to make available
<br /> hard-to-reach persons are served by S+C . Recipients are information on the existence and locations of facilities and
<br /> expected to make sustained efforts to engage eligible persons services that are accessible to persons with a handicap and
<br /> so that they may be brought into the program. Outreach should maintain evidence of implementation of the procedures .
<br /> be primarily directed toward eligible persons who have a (d) The accessibility requirements, reasonable modification, and
<br /> nighttime residence that is an emergency shelter or a public or accommodation requirements of the Fair Housing Act and of
<br /> private place not designed for, or ordinarily used as, a regular section 504 of the Rehabilitation Act of 1973 , as amended .
<br /> sleeping accommodation for human beings (e.g. , persons
<br /> living in cars , streets , and parks). Outreach activities are [58 FR 13892 , Mar. 15, 1993 , as amended at 61 FR 5210, Feb. 9,
<br /> considered to be a supportive service, and the value of such 1996]
<br /> activities that occur after the execution of the grant agreement §582.335 Displacement, relocation, and real property
<br /> may be included in meeting the matching requirement. acquisition.
<br /> (a) Minimizing displacement. Consistent with the other goals and
<br /> §582.330 Nondiscrimination and equal opportunity objectives of this part, recipients must assure that they have taken
<br /> requirements. all reasonable steps to minimize the displacement of persons
<br /> (a) General. Recipients may establish a preference as part of
<br /> their admissions procedures for one or more of the statutorily
<br /> targeted populations (i .e., seriously mentally ill , alcohol or
<br /> substance abusers, or persons with AIDS and related diseases).
<br /> (B) The date that the recipient obtains control of the project site, f
<br /> such control is obtained after the submission of the application to
<br /> HUD.
<br /> (ii) Any person , including a person who moves before the date
<br /> (families, individuals , businesses, nonprofit organizations, and described in paragraph (f)( 1 )(i) of this section, if the recipient or
<br /> farms) as a result of supportive housing assisted under this HUD determines that the displacement resulted directly from
<br /> part. acquisition, rehabilitation, or demolition for the assisted project.
<br /> (b) Relocation assistance for displaced persons . A displaced (iii) A tenant-occupant of a dwelling unit who moves
<br /> person defined inparagraph permanently from the building/complex on or after the date of the
<br /> P ( (� of this section) must be
<br /> provided relocation assistance at the levels described in, and in "initiation of negotiations" (see paragraph (g) of this section) if
<br /> accordance with, the requirements of the Uniform Relocation the move occurs before the tenant has been provided written
<br /> Assistance and Real Property Acquisition Policies notice offering him or her the opportunity to lease and occupy a
<br /> Act of 1970 (URA) (42 U. S .C. 4601 -4655) and implementing suitable, decent, safe and sanitary dwelling in the same
<br /> regulations at 49 CFR part 24. building/complex, under reasonable terms and conditions, upon
<br /> (c) Real property acquisition requirements. The acquisition of completion of the project. Such reasonable terms and conditions
<br /> real property for supportive housing is subject to the URA and must include a monthly rent and estimated average monthly
<br /> the requirements described in 49 CFR part 24, subpart B . utility costs that do not exceed the greater of:
<br />
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