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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.325 rents are calculated in accordance with § 582.320 Termination of assistance to 24 CFR 882.805(g) . participants. [58 FR 13892, Mar. 15 , 1993, as amended at 61 (a) Termination of assistance. The re- FR 51171 , Sept. 30, 1996; 64 FR 50226, Sept. 15, cipient may terminate assistance to a 19991 participantwhoviolates program re- quirements or conditions of occupancy. § 582.310 Resident rent. Recipients must exercise judgment and (a) Amount of rent. Each participant examine all extenuating circumstances must pay rent in accordance with sec- in determining when violations are se- tian 3(a) (1) of the U.S . Housing Act of rious enough to warrant termination, 1937 (42 U.S .C. 1437a(a) (1)) , except that so that a participant's assistance is in determining the rent of a person oc- terminated only in the most severe cupying an intermediate care facility cases. Recipients are not prohibited assisted under title XIX of the Social from resuming assistance to a partici- Security Act, the gross income of this pant whose assistance has been termi- person is the same as if the person were nated. being assisted under title XVI of the (b) Due process. In terminating assist- Social Security Act. ance to a participant, the recipient (b) Calculating income. (1) Income of must provide a formal process that rec- participants must be calculated in ac- ognizes the rights of individuals receiv- cordance with 24 CFR 5 .609 and 24 CFR ing assistance to due process of law. 5 .611 (a) . This process. at a minimum, must con- (2) Recipients must examine a par- sist of: ticipant's income initially, and at least (I) Written notice to the participant annually thereafter, to determine the containing a clear statement of the amount of rent payable by the partici- reasons for termination; pant. Adjustments to a participant's (2) A review of the decision, in which rental payment must be made as nec- the participant is given the oppor- essary. tunity to present written or oral objec- (3) As a condition of participation in tions before a person other than the the program, each participant must person (or a subordinate of that person) agree to supply the information or doc- who made or approved the termination umentation necessary to verify the decision; and participant's income, Participants (3) Prompt written notice of the final must provide the recipient information decision to the participant: at any time regarding changes in in- come or other circumstances that may § 582.325 Outreach activities. result in changes to a participant's Recipients must use their best efforts rental payment. to ensure that eligible hard-to-reach [66 FR 6225, Jan. 19, 20011 persons are served by S+C . Recipients are expected to make sustained efforts § 582.315 Occupancy agreements. to engage eligible persons so that they may be brought into the program. Out- (a) Initial occupancy agreement. Par- reach should be primarily directed to- ticipants must enter into an occupancy ward eligible persons who have a night- agreement for a term of at least one time residence that is an emergency month. The occupancy agreement must shelter or a public or private place not be automatically renewable upon expi- designed for, or ordinarily used as, a ration, except on prior notice by either regular sleeping accommodation for party, human beings (e.g., persons living in (b) Terms of agreement. In addition to - cars , streets, and parks) . Outreach ac- standard lease provisions, the occu- tivities are considered to be a sup- pancy agreement may also include a portive service, and the value of such provision requiring the participant to activities that occur after the execu- take part in the supportive services tion of the grant agreement may be in- provided through the program as a con- cluded in meeting the matching re- dition of continued occupancy. quirement. 243