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