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2011-164
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Last modified
7/9/2020 3:09:03 PM
Creation date
10/5/2015 9:10:17 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-164
Agenda Item Number
8.A.A.
Entity Name
Department of Housing and Urban Development
Subject
2010 Shelter Plus Care Agreement New Projects
Alternate Name
HUD
Supplemental fields
SmeadsoftID
10139
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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD <br />the project is initiated that future rent increases <br />will be modest. <br />(iv) A tenant of a dwelling who is required <br />to relocate temporarily, but does not return to <br />the building/complex, if either: <br />(A) A tenant is not offered payment for all <br />reasonable out-of-pocket expenses incurred in <br />connection with the temporary relocation, or <br />(B) Other conditions of the temporary <br />relocation are not reasonable. <br />(v) A tenant of a dwelling who moves from <br />the building/complex permanently after he or <br />she has been required to move to another unit <br />in the same building/complex, if either: <br />(A) The tenant is not offered <br />reimbursement for all reasonable out-of-pocket <br />expenses incurred in connection with the move; <br />or <br />(B) Other conditions of the move are not <br />reasonable. <br />(2) Notwithstanding the provisions of <br />paragraph (f)(1) of this section, a person does <br />not qualify as a "displaced person" (and is not <br />eligible for relocation assistance under the URA <br />or this section), if: <br />(i) The person has been evicted for serious <br />or repeated violation of the terms and <br />conditions of the lease or occupancy agreement, <br />violation of applicable Federal, State, or local or <br />tribal law, or other good cause, and HUD <br />determines that the eviction was not undertaken <br />for the purpose of evading the obligation to <br />provide relocation assistance; <br />(ii) The person moved into the property <br />after the submission of the application and, <br />before signing a lease and commencing <br />occupancy, was provided written notice of the <br />project, its possible impact on the person (e.g., <br />the person may be displaced, temporarily <br />relocated, or suffer a rent increase) and the fact <br />that the person would not qualify as a <br />"displaced person" (or for any assistance <br />provided under this section), if the project is <br />approved; <br />(iii) The person is ineligible under 49 CFR <br />24.2(g)(2); or <br />(iv) HUD determines that the person was <br />not displaced as a direct result of acquisition, <br />rehabilitation, or demolition for the project. <br />(3) The recipient may request, at any time, <br />HUD's determination of whether <br />J LAS" <br />I RA 13 E <br />§ 582.340 <br />a displacement is or would be covered under <br />this section. <br />(g) Definition of initiation of negotiations. <br />For purposes of determining the formula for <br />computing the replacement housing assistance <br />to be provided to a residential tenant displaced <br />as a direct result of privately undertaken <br />rehabilitation, demolition, or acquisition of the <br />real property, the term "initiation of <br />negotiations" means the execution of the <br />agreement between the recipient and HUD, or <br />selection of the project site, if later. <br />§ 582.340 Other Federal requirements <br />In addition to the Federal requirements set forth <br />in 24 CFR part 5, the following requirements <br />apply to this program: <br />(a) OMB Circulars.1 (1) The policies, <br />guidelines, and requirements of OMB Circular <br />No. A-87 (Cost Principles Applicable to Grants, <br />Contracts and Other Agreements with State and <br />Local Governments) and 24 CFR part 85 apply <br />to the acceptance and use of assistance under <br />the program by governmental entities, and OMB <br />Circular Nos. A-110 (Grants and Cooperative <br />Agreements with Institutions of Higher <br />Education, Hospitals, and Other Nonprofit <br />Organizations) and 24 CFR part 84 and A-122 <br />(Cost Principles Applicable to Grants, Contracts <br />and Other Agreements with Nonprofit <br />Institutions) apply to the acceptance and use of <br />assistance by private nonprofit organizations, <br />except where inconsistent with provisions of the <br />McKinney Act, other Federal statutes, or this <br />pa rt. <br />(2) The financial management systems <br />used by recipients under this program must <br />provide for audits in accordance with the <br />provisions of 24 CFR part 44. Private nonprofit <br />organizations who are subrecipients are subject <br />to the audit requirements of 24 CFR part 45. <br />HUD may perform or require additional audits as <br />it finds necessary or appropriate. <br />(b) Conflict of interest. (1) In addition to <br />the conflict of interest requirements <br />1 Copies of OMB Circulars may be obtained from E.O.P. Publications, <br />room 2200, New Executive Office Building, Washington, DC 20503, <br />telephone (202) 395-7332. (Thi s is not a toll-free number.) There is <br />a limit of two free copies. <br />www.hud.gov espanol.hud.gov Page 16 <br />
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