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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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Oft. of Asst. Secy., Comm. Planning, Develop., HUD <br />§ 582.5 Definitions. <br />The terms Fair Market Rent (FMR), HUD, <br />Public Housing Agency (PHA), Indian Housing <br />Authority (IHA), and Secretary are defined in 24 <br />CFR part 5. <br />As used in this part: <br />Acquired immunodeficiency syndrome <br />(AIDS) and related diseases has the meaning <br />given in section 853 of the AIDS Housing <br />Opportunity Act (42 U.S.C. 12902). <br />Applicant has the meaning given in section <br />462 of the McKinney Act (42 U.S.C. 11403g). <br />Eligible person means a homeless person <br />with disabilities (primarily persons who are <br />seriously mentally ill; have chronic problems <br />With alcohol, drugs, or both; or have AIDS and <br />related diseases) and, if also homeless, the <br />family of such a person. To be eligible for <br />assistance, persons must be very low income, <br />except that low-income individuals may be <br />assisted under the SRO component in <br />accordance with 24 CFR 813.105(b). <br />Homeless or homeless individual has the <br />meaning given in section 103 of the McKinney <br />Act (42 U.S.C. 11302). <br />Indian tribe has the meaning given in <br />section 102 of the Housing and Community <br />Development Act of 1974 (42 U.S.C. 5302). <br />Low-income means an annual income not in <br />excess of 80 percent of the median income for <br />the area, as determined by HUD. HUD may <br />establish income limits higher or lower than 80 <br />percent of the median income for the area on <br />the basis of its finding that such variations are <br />necessary because of the prevailing levels of <br />construction costs or unusually high or low <br />family incomes. <br />Nonprofit organization has the meaning <br />given in section 104 of the Cranston -Gonzalez <br />National Affordable Housing Act (42 U.S.C. <br />12704). The term nonprofit organization also <br />includes a community mental health center <br />established as a public nonprofit organization. <br />Participant means an eligible person who <br />has been selected to participate in S+C. <br />Person with disabilities means a household <br />composed of one or more persons at least one <br />of whom is an adult who has a disability. <br />A TRUE COPY <br />Ci JJr! -ATJ0N ON LAST PAGE <br />§ 582.5 <br />(1) A person shall be considered to have a <br />disability if such person has a physical, mental, <br />or emotional impairment which is expected to <br />be of long -continued and indefinite duration; <br />substantially impedes his or her ability to live <br />independently; and is of such a nature that such <br />ability could be improved by more suitable <br />housing conditions. <br />(2) A person will also be considered to <br />have a disability if he or she has a <br />developmental disability, which is a severe, <br />chronic disability that - <br />(i) Is attributable to a mental or physical <br />impairment or combination of mental and <br />physical impairments; <br />(ii) Is manifested before the person attains <br />age 22; <br />(iii) Is likely to continue indefinitely; <br />(iv) Results in substantial functional <br />limitations in three or more of the following <br />areas of major life activity: <br />(A) Self-care; <br />(B) Receptive and expressive language; <br />(C) Learning; <br />(D) Mobility; <br />(E) Self-direction; <br />(F) Capacity for independent living; and <br />(G) Economic self-sufficiency; and <br />(v) Reflects the person's need for a <br />Combination and sequence of special, <br />interdisciplinary, or generic care, treatment, or <br />other services which are of lifelong or extended <br />duration and are individually planned and <br />coordinated. <br />(3) Notwithstanding the preceding <br />provisions of this definition, the term person <br />with disabilities includes, except in the case of <br />the SRO component, two or more persons with <br />disabilities living together, one or more such <br />persons living with another person who is <br />determined to be important to their care or <br />well-being, and the surviving member or <br />members of any household described in the first <br />sentence of this definition who were living, in a <br />unit assisted under this part, with the deceased <br />member of the household at the time of his or <br />her death. (In any event, with respect to the <br />surviving member or members of a household, <br />the right to rental assistance under this part will <br />terminate at the end of the grant period <br />www.hud.gov espanol.hud.gov Page 6 <br />
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