2012-213 - Laserfiche WebLink

Home Browse Search

Oft. of Asst. Secy., Comm. Planning, Develop ., HUD § 583325 § 583.320 Site control. of disabled homeless persons, recipients serving (a) Site control . ( 1 ) Where grant funds will a designated population of disabled homeless be used for acquisition, rehabilitation, or new persons are required, within the designated construction to provide supportive housing or population, to comply with these requirements for nondiscrimination on the basis of race,- color, supportive services, or where grant funds will be used for operating costs of supportive housing , religion, sex, national origin, age, familial status,or where grant funds will be used to provide and disability, supportive services except where an applicant (b) Nondiscrimination and equal will provide services at sites not operated by opportunity requirements. The the applicant, an applicant must demonstrate nondiscrimination and equal opportunity . site control before HUD will execute a grant requirements set forth at part 5 of this title agreement (e.g ., through a deed, lease, apply to this program . The Indian Civil Rights executed contract of sale) . If such site control is Act (25 U .S.C. 1301 et seq .) applies to tribes not demonstrated within one year after initial when they exercise their powers of self- notification of the award of assistance under government, and to Indian housing authorities this part, the grant will be deobligated as (IHAs) when established by the exercise of such provided in paragraph (c) of this section . powers. When an IHA is established under State (2) Where grant funds will be used to lease law, the applicability of the Indian Civil Rights all or part of a structure to provide supportive Act will be determined on a case- by-case basis. Projects subject to the Indian Civil Rights Act housing or supportive services, or where grant must be developed and operated in compliance funds will be used to lease individual housing with its provisions and all implementing HUD units for homeless persons who will eventually requirements, instead of title VI and the Fair control the units, site control need not be Housing Act and their implementing regulations. demonstrated . (b) Site change. ( 1) A recipient may obtain (c) Procedures. ( 1) If the procedures that the recipient intends to use to make known the ownership or control of a suitable site different . . , from the one specified in its application . availability of the supportive housing are Retention of an assistance award is subject to unlikely to reach persons of any particular race, the new site's meeting all requirements under color, religion, sex, age, national origin, familial this part for suitable sites. status, or handicap who may qualify for (2) If. the acquisition, rehabilitation, admission to the housing, the recipient must _ new establish additional procedures that will ensure acquisition and rehabilitation, a construction costs' for the substitute site are that such persons can obtain information greater than the amount of the grant awarded concerning availability. of the housing. for the site specified in the application, the (2) The recipient must adopt procedures to make available information on the existence and recipient must provide for all additional costs. If the recipient is unable to demonstrate to HUD locations of facilities and services that are accessible to persons with a handicap and that it is able to provide for the difference in costs, HUD may deobligate the. award of maintain evidence of implementation of the assistance. procedures. (c) Failure to obtain site control within one (d) Accessibility requirements. The year. HUD will recapture or deobligate any recipient must comply with the new construction award for assistance under this part if the accessibility requirements of the Fair Housing Act and section 504 of the recipient is not in control of a suitable site ltehabifitation Act of 1973, and the reasonabl before the expiration of one year after initial e accommodation and rehabilitation accessibility requirements of notification of an award. section 504 as follows. § 583.325 Nondiscrimination and equal ( 1) All new construction must meet the opportunity requirements. accessibility requirements of 24 (a) General . Notwithstanding the permissibility of proposals that serve designated populations www.hud.gov espanol.hud.gov FPage 19