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<br /> Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.320
<br /> formula for computing the replacement- (c) Fees. In addition to resident rent,
<br /> housing assistance to be provided to a recipients may charge residents rea-
<br /> residential tenant displaced as a direct sonable fees for services not paid with
<br /> result of privately undertaken rehabili- grant funds.
<br /> tation, demolition, or acquisition of
<br /> [58 13871, Mar. 15, amended at 5
<br /> the real property, the term " 36initiation FR 36892, July 19, 1994;; 66 66 F FR 6225, Jan. 19,.
<br /> of negotiations' means the execution 200t]
<br /> of the agreement between the recipient
<br /> and HUD . § 583.320 Site control.
<br /> (h) Definition of project. For purposes (a) Site control. (1) Where grant funds
<br /> of this section, the term ' 'project" will be used for acquisition, rehabilita-
<br /> means an undertaking paid for in tion , or new construction to provide
<br /> whole or in part with assistance under supportive housing or supportive serv-
<br /> this part. Two or more activities that ices, or where grant funds will be used
<br /> are integrally related, each essential to for operating costs of supportive hous-
<br /> the others , are considered a single ing, or where grant funds will be used
<br /> project, whether or not all component to provide supportive services except
<br /> activities receive assistance under this where an applicant will provide serv-
<br /> part. ices at sites not operated by the appli-
<br /> 158 FR 2,13871 ,
<br /> July 19, 19991 cant, an applicant must demonstrate
<br /> FR 36692, JulMar. 15 , 1993, as amended a[ 59 site control before HUD will execute a
<br /> grant agreement (e.g. , through a deed,
<br /> § 583.315 Resident rent. lease, executed contract of sale) . If
<br /> such site control is not demonstrated
<br /> (a) Calculation of resident rent. Each within one year after initial notifica-
<br /> resident of supportive housing may be tion of the award of assistance under
<br /> required to pay as rent an amount de- this part, the grant will be deobligated
<br /> termined by the recipient which may as provided in paragraph (c) of this sec-
<br /> not exceed the highest of: tion.
<br /> (1) 30 percent of the family's monthly (2) Where grant funds will be used to
<br /> adjusted income (adjustment factors lease all or part of a structure to pro-
<br /> include the number of people in the vide supportive housing or supportive
<br /> family, age of family members, medical services, or where grant funds will be
<br /> expenses and child care expenses) . The used to lease individual housing units
<br /> calculation of the family's monthly ad- for homeless persons who will eventu-
<br /> justed income must include the ex- ally control the units, site control need
<br /> pense deductions provided in 24 CFR not be demonstrated.
<br /> 5.611 (a) , and for persons with disabil- - (b) Site change. (1) A . recipient may
<br /> ities , the calculation of the family's obtain ownership or control of a suit-
<br /> monthly adjusted income also must in- able site different from the one speci-
<br /> clude the disallowance of earned in- fied ' in its application. Retention of an
<br /> come as provided in 24 CFR 5 .617, if ap- assistance award is subject to the new
<br /> plicable; - - site's meeting all requirements under
<br /> (2) 10 percent of the family's monthly - this part for suitable sites.
<br /> gross income; or (2) . If the acquisition, rehabilitation,
<br /> (3) If the family is receiving pay- acquisition and rehabilitation, or new
<br /> ments for welfare assistance from a construction costs for the substitute
<br /> public agency and a part of the pay- site are greater than the amount of the
<br /> ments, adjusted in accordance with the grant awarded for the site specified in
<br /> family's actual housing costs, is spe- the application, the recipient must pro-
<br /> cifically designated by the agency to vide for all additional costs. If the re-
<br /> meet the family's housing costs, the cipient is unable to demonstrate to
<br /> portion of the payment that is des- HUD that it is able to provide for the
<br /> ignated for housing costs. difference in costs, HUD may
<br /> (b) Use of rent. Resident rent may be deobligate the award of assistance.
<br /> used in the operation of the project or (c) Failure to obtain site control within
<br /> may be reserved, in whole or in part, to one year. HUD will recapture or
<br /> assist residents of transitional housing deobligate any award for assistance
<br /> in moving to permanent housing. under this part if the recipient is not in
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