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§ 582.315 24 CFR Ch. V (4-1 -06 Edition) § 582.315 Occupancy agreements. reach should be primarily directed to- (a) Initial occupancy agreement. Par- ward eligible persons who have a night- ticipants must enter into an occupancy time residence that is an emergency agreement for a term of at least one shelter or a public or private place not month. The occupancy agreement must designed for, or ordinarily used as, a be automatically renewable upon expi- regular sleeping accommodation for ration, except on prior notice by either human beings (e.g., persons living in party cars, streets, and parks). Outreach ac- (b) Terms of agreement. In addition to tivities are considered to be a sup- standard lease provisions, the occu- portive service, and the value of such panty agreement may also include a activities that occur after the execu- provision requiring the participant to tion of the grant agreement may be in- take part in the supportive services eluded in meeting the matching re- provided through the program as a con- quirement. dition of continued occupancy. § 582.330 Nondiscrimination and equal § 582.320 Termination of assistance to opportunity requirements. Participants. (a) General. Recipients may establish (a) Termination of assistance. The re- a preference as part of their admissions cipient may terminate assistance to a procedures for one or more of the Participant who violates program re- statutorily targeted populations (i.e., quirements or conditions of occupancy. seriously mentally ill, alcohol or sub- Recipients must exercise judgment and stance abusers, or persons with AIDS examine all extenuating circumstances and related diseases). However, other in determining when violations are se- eligible disabled homeless persons rious enough to warrant termination, must be considered for housing de- so that a participant's assistance is signed for the target population unless terminated only in the most severe the recipient can demonstrate that cases. Recipients are not prohibited there is sufficient demand by the tar- from resuming assistance to a partici- get population for the units, and other pant whose assistance has been termi- eligible disabled homeless persons nated. would not benefit from the primary (b) Due process. In terminating assist- supportive services provided. ante to a participant, the recipient (b) Compliance with requirements. (1) must provide a formal process that rec- In addition to the nondiscrimination ognizes the rights of individuals receiv- and equal opportunity requirements ing assistance to due process of law. set forth in 24 CFR part 5, recipients This process, at a minimum, must con- serving a designated population of sist of: homeless persons must, within the des- (1) Written notice to the participant ignated population, comply with the containing a clear statement of the prohibitions against discrimination reasons for termination; against handicapped individuals under (2) A review of the decision, in which section 603 of the Rehabilitation Act of the participant is given the oppor- 1973 (29 U. S.C. 794) and implementing tunity to present written or oral objet- regulations at 41 CFR chapter 60-741. tions before a person other than the (2) The nondiscrimination and equal person (or a subordinate of that person) opportunity requirements set forth at who made or approved the termination part 5 of this title are modified as fol- decision; and lows: (3) Prompt written notice of the final (i) The Indian Civil Rights Act (25 decision to the participant. U.S.C. 1301 at seq.) applies to tribes § 582.325 Outreach activities. when they exercise their powers of self- government, and to IHAs when estab- Recipients must use their best efforts lished by the exercise of such powers. to ensure that eligible hard-to-reach When an IIIA is established under persons are served by S+C. Recipients State law, the applicability of the In- are expected to make sustained efforts dian Civil Rights Act will be deter- to engage eligible persons so that they mined on a case-by-case basis. Projects may be brought into the program. Out- subject to the Indian Civil Rights Act 246