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( i ) The person has been evicted for serious or the acceptance and use of assistance by private
<br /> repeated violation of the terms and conditions of nonprofit organizations, except where
<br /> the lease or occupancy agreement, violation of inconsistent with provisions of the McKinney Act,
<br /> applicable Federal , State, or local or tribal law , or other Federal statutes, or this part.
<br /> other good cause, and HUD determines that the ( 2 ) The financial management systems used
<br /> eviction was not undertaken for the purpose of by recipients under this program must provide for
<br /> evading the obligation to provide relocation audits in accordance with the provisions of 24
<br /> assistance ; CFR part 44 . Private nonprofit organizations who
<br /> ( ii ) The person moved into the property after are subrecipients are subject to the audit
<br /> the submission of the application and , before requirements of 24 CFR part 45 . HUD may
<br /> signing a lease and commencing occupancy, was perform or require additional audits as it finds
<br /> provided written notice of the project, its possible necessary or appropriate .
<br /> impact on the person (e . g . , the person may be ( b) Conflict of interest . ( 1 ) In addition to the
<br /> displaced , temporarily relocated , or suffer a rent conflict of interest requirements in 24 CFR part
<br /> increase) and the fact that the person would not 85 , no person who is an employee , agent,
<br /> qualify as a ' ' displaced person " (or for any consultant, officer, or elected or appointed official
<br /> assistance provided under this section ) , if the of the recipient and who exercises or has
<br /> project is approved ; exercised any functions or responsibilities with
<br /> ( iii ) The person is ineligible under 49 CFR respect to assisted activities, or who is in a
<br /> 24 . 2 (g ) ( 2 ) ; or position to participate in a decisionmaking
<br /> ( iv) HUD determines that the person was not process or gain inside information with regard to
<br /> displaced as a direct result of acquisition , such activities, may obtain a personal or financial
<br /> rehabilitation , or demolition for the project . interest or benefit from the activity, or have an
<br /> interest in any contract, subcontract, or
<br /> ( 3 ) The recipient may request, at any time, agreement with respect thereto, or the proceeds
<br /> HUD 's determination of whether a displacement thereunder, either for himself or herself or for
<br /> is or would be covered under this section . those with whom he or she has family or business
<br /> ties, during his or her tenure or for one year
<br /> (g ) Definition of initiation of negotiations . For determining the formula for thereafter. Participation by homeless individuals
<br /> purposes n
<br /> who also are participants under the program in
<br /> computing the replacement housing assistance to
<br /> be provided to a residential tenant displaced as a Policy decisionmaking under Sec. 582 . 300 of
<br /> direct result of privately undertaken this part
<br /> does not constitute a conflict of interest.
<br /> rehabilitation , demolition , or acquisition of the ( 2) Upon the written request of the recipient,
<br /> real property , the term ' ' initiation of HUD may grant an exception to the provisions of
<br /> negotiations" means the execution of the paragraph ( b) ( 1 ) of this section on a case- by-
<br /> agreement between the recipient and HUD , or case basis when it determine that the exception
<br /> selection of the project site, if later. will serve to further the purposes of the program
<br /> Sec. 582 . 340 Other Federal requirements . and the effective and efficient administration of
<br /> the recipient' s project. An exception may be
<br /> In addition to the Federal requirements set considered only after the recipient has provided
<br /> forth in 24 CFR part 5 , the following requirements the following :
<br /> apply to this program : ( i ) For States, units of general local
<br /> ( a ) OMB Circulars . \1\ ( 1 ) The policies , governments, PHAs and IRAs, a disclosure of the
<br /> guidelines, and requirements of OMB Circular No . nature of the conflict, accompanied by an
<br /> A-87 (Cost Principles Applicable to Grants, assurance that there has been public disclosure
<br /> Contracts and Other Agreements with State and of the conflict and a description of how the public
<br /> Local Governments ) and 24 CFR part 85 apply to disclosure was made ; and
<br /> the acceptance and use of assistance under the ( ii ) For all recipients , an opinion of the
<br /> program by governmental entities, and OMB recipient's attorney that the interest for which the
<br /> Circular Nos . A- 110 (Grants and Cooperative exception is sought would not violate State or
<br /> Agreements with Institutions of Higher Education , local law .
<br /> Hospitals, and Other Nonprofit Organizations)
<br /> and 24 CFR part 84 and A- 122 ( Cost Principles ( 3 ) In determining whether to grant a
<br /> Applicable to Grants, Contracts and Other requested exception after the recipient has
<br /> Agreements with Nonprofit Institutions) apply to satisfactorily met the requirement of paragraph
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