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A , TRUE COPY ' ` • v CERTIFICATION ON LAST PAGE rii; 4; i.� � ; :} � �aii : . ;, r. J . R. SMITH , CLERK (b) Due process. In terminating assistance to a program participant, the recipient or subrecipient must provide a formal process that recognizes the rights of individuals receiving assistance under the due process of law. This process, at a minimum, must consist of: ( 1 ) Providing the program participant with a written copy of the program rules and the termination process before the participant begins to receive assistance; (2) Written notice to, the program participant containing a clear statement of the reasons for termination, (3) A review of the decision, in .which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision ; and (4) Prompt written notice of the final decision to the program participant. (c) Hard-to-house populations. Recipients and subrecipients that are providing permanent supportive housing for hard-to-house populations of homeless persons must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination so that a program participant's assistance is terminated only in the most severe cases. § 578.93 Fair Housing and Equal Opportunity. (a) Nondiscrimination and equal opportunity requirements. The nondiscrimination and equal opportunity requirements set forth in 24 CFR 5. 105(a) are applicable. (b) Housing for specific subpopulations. Recipients and subrecipients may exclusively serve a particular homeless subpopulation in transitional or permanent housing if the housing addresses a need identified by the Continuum of Care for the geographic area: and meets one of the following: ( 1 ) The housing may be limited to one sex where such housing consists of a single structure with :shared bedrooms or bathing facilities such that the considerations of personal privacy and the physical limitations of the configuration of the housing make it appropriate for the housing to be limited to one sex; (2) The housing may be limited to a specific subpopulation, so long as admission does not discriminate against any protected class under federal nondiscrimination laws in 24 CFR 5 . 105 ( e.g.,. the housing may be limited to homeless veterans, victims of domestic violence and their. children,:or chronically homeless persons and families). (3) The housing may. be limited to families with children. (4) If the housing has in residence at least one family with a child under the age of 18, the housing may exclude registered sex offenders and persons with a criminal record that includes a violent crime from the project so long as the child resides in the housing. (5) Sober housing may exclude persons who refuse to sign an occupancy agreement or lease that prohibits program participants from possessing, using, or being under the influence of illegal substances and/or alcohol on the premises. (6) If the housing is assisted with funds under a federal program that is limited by federal statute or Executive Order to a specific subpopulation, the housing may be limited to that subpopulation ( e.g., housing also assisted with _ funding from the Housing Opportunities for Persons with AIDS program under 24 CFR part 574 may be limited to persons with acquired immunodeficiency syndrome or related diseases).