Loading...
HomeMy WebLinkAbout2003-091 V/ Page 1 of 3 Grant No . FL29C209002 Official Contact Person Joyce Johnston -Carlson Telephone & FAX No . 772 -567-8000 x 422 / 772 -978- 1798 Email Address jcarison@ircgov . com Tax ID No . 59-6000674 Project Location 184025 th Street , Vero Beach , FL 32960 2002 SHELTER PLUS CARE AGREEMENT - New Projects This Agreement is made by and between the United States Department of Housing and Urban Development ( HUD ) and Indian River County Commission (the " Recipient" ) . This Agreement will be governed by Subtitle F of Title IV of the McKinney-Vento Homeless Assistance Act 42 U . S . C . 11301 et seq . (the Act) ; the HUD Shelter Plus Care Program final rule codified at 24 CFR 582 (the " Rule" ) , and the Notice of Fund Availability ( NOFA ) , published on March 26 , 2002 at 67 FR 13826 . The terms " Grant" or "Grant Funds " mean the funds for rental assistance that , except for funds for Section 8 moderate rehabilitation for single room occupancy dwellings for homeless individuals (" SRO " ) , are provided under this Agreement . The term "Application " means the application submissions on the basis of which the Grant was approved by HUD , including the certifications , assurances , and any information or documentation required to meet any grant award conditions . The Application is incorporated herein as part of this Agreement ; however, in the event of any conflict between the Application and any provision contained herein , this Shelter Plus Care Agreement shall control . The following are attached hereto and made a part hereof: X Exhibit 1 - The Shelter Plus Care Program Rule X Exhibit 2 - for Tenant- based Rental Assistance Exhibit 3 - for Project- based Rental Assistance Exhibit 4 - for Sponsor- based Rental Assistance HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application , unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement . A Page 2 of 3 Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive services required by the participants in the program ; to assure the adequate provisions of supportive services to the participants in the program ; to be responsible for overall administration of this grant , including overseeing any subrecipients , contractors and subcontractors ; and to comply with such other terms and conditions , including record keeping and reports (which must include racial and ethnic data on participants for program monitoring and evaluation purposes ) , as the Secretary may establish for purposes of carrying out the program in an effective and efficient manner. A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement , noncompliance with the Act , Rule , any material breach of the Agreement , failure to expend Grant Funds in a timely manner, or misrepresentations in the Application submissions which , if known by HUD , would have resulted in a grant not being provided . Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond , HUD may take one or more of the following actions : (a ) direct the Recipient to submit progress schedules for completing approved activities ; ( b ) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated ; (c) direct Recipient to establish and maintain a management plan that assigns responsibility for carrying out remedial actions ; (d ) direct the Recipient to suspend , discontinue or not incur costs for the affected activity; (e ) reduce or recapture the grant ; (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program ; (g ) continue the Grant with a substitute Recipient selected by HUD ; ( h ) other appropriate action including , but not limited to , any remedial action legally available , such as affirmative litigation seeking declaratory judgment , specific performance , damages , temporary or permanent injunctions and any other available remedies . Page 3 of 3 No delay or omissions by HUD in exercising any right or remedy available to it under the Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default . This Agreement constitutes the entire agreement between the parties hereto , and may be amended only in writing executed by HUD and the Recipient . More specifically, Recipient shall not change sponsor or population to be served , or make any other change inconsistent with the Application , without the prior approval of HUD . No change may be made to the project(s ) nor any right , benefit , or advantage of the Recipient or Sponsor hereunder be assigned without prior written approval of HUD . The effective date of the Agreement shall be the date of execution by HUD . HUD will recapture unobligated balances at the end of the grant period . By signing below, Recipients which are states and units of local government certify that they are following a current HUD approved CHAS ( Consolidated Plan ) . This agreement is hereby executed on behalf of the parties as follows : UNITED STATES OF AMERICA , Secretary of Housing an ban Development BY : (Signature ) Lawrence J . Gordon , Jr. , Acting Director Community Planning and Development Division 4HD (Title ) V 210 ( Date ) RECIPIENT Indian Rive County Board of County Commissioners ( Name rganizati n ) BY : ature of uthorized Official ) Chairman (Title ) April 15 , 2003 BCC Approved ( Date ) EXHIBIT 1 Part 582 - SHELTER PLUS CARE RULE Subpart A — General Homeless Assistance Act (the McKinney Act) (42 U. S . C. 11403 - 582 . 1 Purpose and scope. 11407b). S+C is designed to link rental assistance to supportive 582 .5 Definitions . services for hard-to-serve homeless persons with disabilities (primarily those who are seriously mentally ill ; have chronic Subpart B -- Assistance Provided problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and 582 . 100 Program component descriptions, their families . To be eligible for assistance, persons must be very 582 . 105 Rental assistance amounts and payments . low income, except that low-income individuals may be assisted 582 . 110 Matching requirements . under the SRO component in accordance with 24 CFR 582 . 115 Limitations on assistance. 813 . 105(b). 582 . 120 Consolidated plan . b) Components. Rental assistance is provided through four components described in § 582 . 100. Applicants may apply for Subpart C -- Application and Grant Award assistance under any one of the four components, or a combination . 582 .200 Application and grant award . 582 .230 Environmental review requirements . [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51169, Sept. 30, 1996] Subpart D -- Program Requirements §582.5 Definitions. 582 . 300 General operation . 582 .305 Housing quality standards; rent reasonableness . The terms Fair Market Rent (FMR), HUD, Public Housing 582 .310 Resident rent. Agency (PHA), Indian Housing Authority (IHA), and Secretary 582 .315 Occupancy agreements. are defined in 24 CFR part 5. 582 .320 Termination of assistance to participants. AS used in this part : 582 .325 Outreach activities. Acquired immunodeficiency syndrome (AIDS) and related 582 .330 Nondiscrimination and equal opportunity diseases has the meaning given in section 853 of the AIDS requirements . Housing Opportunity Act (42 U. S.C. 12902). 582 .335 Displacement, relocation, and real property Applicant has the meaning given in section 462 of the McKinney acquisition. Act (42 U. S .C. 11403g). 582 .340 Other Federal requirements. Eligible person means a homeless person with disabilities (primarily persons who are seriously mentally ill ; have chronic Subpart E -- Administration problems with alcohol , drugs, or both; or have AIDS and related diseases) and, if also homeless, the family of such a person . To 582 .400 Grant agreement. be eligible for assistance, persons must be very low income, 582 .405 Program changes. except that low-income individuals may be assisted under the 582 .410 Obligation and deobligation of funds . SRO component in accordance with 24 CFR 813 . 105(b). Homeless or homeless individual has the meaning given in Authority: 42 U.S.C. 3535(d) and 11403 - 11407b . section 103 of the McKinney Act (42 U. S .C . 11302). Source: 58 FR 13892, Mar. 15, 1993 , unless otherwise noted . Indian tribe has the meaning given in section 102 of the Housing and Community Development Act of 1974 (42 U. S .C. 5302). Subpart A — General Low-income means an annual income not in excess of 80 percent of the median income for the area, as determined by HUD. HUD §582. 1 Purpose and scope. may establish income limits higher or lower than 80 percent of the median income for the area on the basis of its finding that (a) General . The Shelter Plus Care program (S+C) is such variations are necessary because of the prevailing levels of authorized by title N, subtitle F, of the Stewart B . McKinney construction costs or unusually high or low family incomes. Nonprofit organization has the meaning given in section 104 Single room occupancy (SRO) housing means a unit for of the Cranston-Gonzalez National Affordable Housing Act occupancy by one person , which need not but may contain food (42 U.S .C. 12704). The term nonprofit organization also preparation or sanitary facilities , or both. includes a community mental health center established as a Sponsor means a nonprofit organization which owns or leases public nonprofit organization . dwelling units and has contracts with a recipient to make such Participant means an eligible person who has been selected to units available to eligible homeless persons and receives rental participate in S+C. assistance payments under the SRA component. Person with disabilities means a household composed of one State has the meaning given in section 462 of the McKinney Act or more persons at least one of whom is an adult who has a (42 U. S .C . 11403g). disability. Supportive service provider, or service provider, means a person ( 1 ) A person shall be considered to have a disability if such or organization licensed or otherwise qualified to provide person has a physical , mental , or emotional impairment which supportive services , either for profit or not for profit. is expected to be of long-continued and indefinite duration; Supportive services means assistance that -- substantially impedes his or her ability to live independently; ( 1 ) Addresses the special needs of eligible persons ; and and is of such a nature that such ability could be improved by (2) Provides appropriate services or assists such persons in more suitable housing conditions . obtaining appropriate services, including health care, mental (2) A person will also be considered to have a disability if he health treatment, alcohol and other substance abuse services, or she has a developmental disability, which is a severe, child care services, case management services, counseling, chronic disability that -- supervision , education, job training, and other services essential (i) Is attributable to a mental or physical impairment or for achieving and maintaining independent living. combination of mental and physical impairments; (ii) Is manifested before the person attains age 22 ; (Inpatient acute hospital care does not qualify as a supportive (iii) Is likely to continue indefinitely; service. ). (iv) Results in substantial functional limitations in three or Unit ofgeneral local government has the meaning given in more of the following areas of major life activity: section 102 of the Housing and Community Development Act of (A) Self-care; 1974 (42 U. S . C. 5302). (B) Receptive and expressive language; very low-income means an annual income not in excess of 50 (C) Learning; percent of the median income for the area, as determined by (D) Mobility; HUD, with adjustments for smaller and larger families. HUD (E) Self-direction ; may establish income limits higher or lower than 50 percent of (F) Capacity for independent living; the median income for the area on the basis of its finding that and such variations are necessary because of unusually high or low (G) Economic self-sufficiency; and family incomes . (v) Reflects the person's need for a combination and sequence of special , interdisciplinary, or generic care, treatment, or [61 FR 51169, Sept. 30, 1996; 62 FR 13539, Mar. 21 , 19971 other services which are of lifelong or extended duration and are individually planned and coordinated . Subpart B — Assistance Provided (3 ) Notwithstanding the preceding provisions of this definition, the term person with disabilities includes, except in §582. 100 Program component descriptions, the case of the SRO component, two or more persons with disabilities living together, one or more such persons living (a) Tenant-based rental assistance (TRA). Tenant-based rental with another person who is determined to be important to their assistance provides grants for rental assistance which permit care or well-being, and the surviving member or members of participants to choose housing of an appropriate size in which to any household described in the first sentence of this definition reside. Participants retain the rental assistance if they move. who were living, in a unit assisted under this part, with the Where necessary to facilitate the coordination of supportive deceased member of the household at the time of his or her services, grant recipients may require participants to live in a death . (In any event, with respect to the surviving member or specific area for their entire period of participation or in a members of a household, the right to rental assistance under specific structure for the first year and in a specific area for the this part will terminate at the end of the grant period under remainder of their period of participation . Recipients may not which the deceased member was a participant.) define the area in a way that violates the Fair Housing Act or the Recipient means an applicant approved to receive a S+C grant. Rehabilitation Act of 1973 . The term of the grant between HUD Seriously mentally ill has the meaning and the grant recipient for TRA is five given in section 462 of the McKinney years . Act (42 U. S . C . 11403g) . (b) Project-based rental assistance (PRA). Project-based §582. 105 Rental assistance amounts and payments. rental assistance provides grants for rental assistance to the (a) Eligible activity. S+C grants may be used for providing rental owner of an existing structure, where the owner agrees to lease assistance for housing occupied by participants in the program the subsidized units to participants. Participants do not retain and administrative costs as provided for in paragraph (e) of this rental assistance if they move. Rental subsidies are provided to section , except that the housing may not be currently receiving the owner for a period of either five or ten years . To qualify Federal funding for rental assistance or operating costs under for ten years of rental subsidies, the owner must complete at other HUD programs. Recipients may design a housing program least $3 ,000 of eligible rehabilitation for each unit (including that includes a range of housing types with differing levels of the unit's prorated share of work to be accomplished on supportive services. Rental assistance may include security common areas or systems), to make the structure decent, safe deposits on units in an amount up to one month's rent. and sanitary. This rehabilitation must be completed with in 12 (b) Amount of the grant. The amount of the grant is based on the months of the grant award . number and size of units proposed by the applicant to be assisted (c) Sponsor-based rental assistance (SRA). Sponsor-based over the grant period . The grant amount is calculated by rental assistance provides grants for rental assistance through multiplying the number of units proposed times the applicable contracts between the grant recipient and sponsor Fair Market Rent (FMR) of each unit times the term of the grant. organizations. A sponsor may be a private, nonprofit (c) Payment ofgrant. (1 ) The grant amount will be reserved for organization or a community mental health agency established rental assistance over the grant period . An applicant's grant as a public nonprofit organization. Participants reside in request is an estimate of the amount needed for rental assistance. housing owned or leased by the sponsor. The term of the grant Recipients will make draws from the reserved amount to pay the between HUD and the grant recipient for SRA is five years. actual costs of rental assistance for program participants . For (d) Moderate rehabilitation for single room occupancy TRA, on demonstration of need, up to 25 percent of the total dwellings (SRO). ( 1 ) The SRO component provides grants for rental assistance awarded may be spent in any one of the five rental assistance in connection with the moderate years, or a higher percentage if approved by HUD, where the rehabilitation of single room occupancy housing units . applicant provides evidence satisfactory to HUD that it is Resources to initially fund the cost of rehabilitating the financially committed to providing the housing assistance dwellings must be obtained from other sources . However, the described in the application for the full five-year period . rental assistance covers operating expenses of the rehabilitated (2) A recipient must serve at least as many participants as SRO units occupied by homeless persons, including debt shown in its application . Where the grant amount reserved for service to retire the cost of the moderate rehabilitation over a rental assistance over the grant period exceeds the amount that ten-year period . will be needed to pay the actual costs of rental assistance, due to (2) SRO housing must be in need of moderate rehabilitation such factor as contract rents being lower than FMRs and and must meet the requirements of 24 CFR 882 . 803 (a). Costs participants are being able to pay a portion of the rent, recipients associated with rehabilitation of common areas may be may use the remaining funds for the costs of administering the included in the calculation of the cost for assisted units based housing assistance, as described in paragraph (e) of this section , on the proportion of the number of units to be assisted under for damage to property, as described in paragraph (f) of this this part to the total number of units . section, for covering the costs of rent increases, or for serving a (3 ) SRO assistance may also be used for efficiency units great number of participants . selected for rehabilitation under this program, but the gross (d) vacancies. ( 1 ) If a unit assisted under this part is vacated rent (contract rent plus any utility allowance) for those units before the expiration of the occupancy agreement described in will be no higher than for SRO units (i .e. , 75 percent of the 0- § 582 .315 of this part, the assistance for the unit may continue for bedroom Moderate Rehabilitation Fair Market Rent). a maximum of 30 days from the end of the month in which the (4) The requirements regarding maintenance, operation , and unit was vacated, unless occupied by another eligible person . No inspections described in 24 CFR 882 . 806(b)(4) and 882 .808(n) additional assistance will be paid until the unit is occupied by must be met. another eligible person . (5) Governing regulations . Except where there is a conflict (2) As used in this paragraph (d), the term "vacate" does not with any requirement under this part or where specifically include brief periods of inpatient care, not to exceed 90 days for provided, the SRO component will be governed by the each occurrence. regulations set forth in 24 CFR part 882, subpart H. (e) Administrative costs. ( 1 ) Up to eight percent of the grant (3) The value of time and services contributed by volunteers at amount may be used to pay the costs of administering the the rate of $ 10 .00 an hour, except for donated professional housing assistance. Recipients may contract with another services which may be counted at the customary charge for the entity approved by HUD to administer the housing assistance. service provided (professional services are services ordinarily (2) Eligible administrative activities include processing rental performed by donors for payment, such as the services of health payments to landlords, examining participant income and professionals, that are equivalent to the services they provide in family composition, providing housing information and their occupations); assistance, inspecting units for compliance with housing (4) The value of any lease on a building used for the provision of quality standards, and receiving into the program new supportive services, provided the value included in the match is participants. This administrative allowance does not include no more than the prorated share used for the program; and the cost of administering the supportive services or the grant (5) The cost of outreach activities, as described in §582 .325(a) of (e.g. , costs of preparing the application, reports or audits this part. required by HUD), which are not eligible activities under a S+C grant. §582. 115 Limitations on assistance. (f) Property damage. Recipients may use grant funds in an amount up to one month's rent to pay for any damage to (a) Current occupants. Current occupants of the real property are housing due to the action of a participant. not eligible for assistance under this part. However, as described in § 582 .335, persons displaced as a direct result of acquisition , [58 FR 13892, Mar. 15, 1993 , as amended at 61 FR 51170, rehabilitation , or demolition for a project under the S+C program Sept. 30, 1996] are eligible for and must be provided relocation assistance at Uniform Relocation Act levels . §582.110 Matching requirements. (b) Amount of assistance provided within a jurisdiction . HUD (a) Matching rental assistance with supportive services. To will limit the amount of assistance provided within the qualify for rental assistance grants, an applicant must certify jurisdiction of any one unit of local government to no more than that it will provide or ensure the provision of supportive 10 percent of the amount available. services , including funding the services itself if the planned (c) Primarily religious organizations. HUD will provide resources do not become available for any reason, appropriate assistance to a recipient that contracts with a primarily religious to the needs of the population being served and at least equal organization , or a wholly secular organization established by a in value to the aggregate amount of rental assistance funded primarily religious organization, to provide, manage, or operate by HUD. The supportive services may be newly created for housing and supportive services if the organization agrees to the program or already in operation, and may be provided or provide the housing and services in a manner that is free from funded by other Federal, State, local, or private programs. religious influences and in accordance with the following Only services that are provided after the execution of the grant principles : agreement may count toward the match. ( 1 ) It will not discriminate against any employee or applicant for (b) Availability to participants. Recipients must give employment on the basis of religion and will not limit reasonable assurances that supportive services will be employment or give preference in employment to persons on the available to participants for the entire term of the rental basis of religion ; assistance. The value of the services provided to a participant, (2) It will not discriminate against any person applying for however, does not have to equal the amount of rental housing or supportive services on the basis of religion and will assistance provided that participant, nor does the value have to not limit such housing or services or give preference to persons be equal to the amount of rental assistance on a year-to-year on the basis of religion ; basis. (3 ) It will provide no religious instruction or counseling, conduct (c) Calculating the value of supportive services . In calculating no religious worship or services, engage in no religious the amount of the matching supportive services, applicants proselytizing, and exert no other religious influence in the may count: provision of housing and supportive services . ( 1 ) Salaries paid to staff of the recipient to provide supportive (d) Maintenance of effort. No assistance received under this part services to S+C participants; (or any State or local government funds used to supplement this (2) The value of supportive services provided by other persons assistance) may be used to replace funds provided under any or organizations to S+C participants; State or local government assistance programs previously used, or designated for use, to assist persons with disabilities, homeless persons , or homeless persons with disabilities . §582. 120 Consolidated plan. Subpart C -- Application and Grant Award (a) Applicants that are States or units ofgeneral local government. The applicant must have a HUD-approved §582.200 Application and grant award. complete or abbreviated consolidated plan, in accordance with 24 CFR part 91 , and must submit a certification that the (a) Review. When funds are made available for assistance, HUD application for funding is consistent with the HUD-approved will publish a notice of fund availability in the FEDERAL consolidated plan . Funded applicants must certify in a grant REGISTER in accordance with the requirements of 24 CFR part agreement that they are following the HUD-approved 4. Applications will be reviewed and screened in accordance with consolidated plan . If the applicant is a State, and the project the guidelines, rating criteria and procedures published in the will be located in a unit of general local government that is notice. required to have, or has, a complete consolidated plan, or that (b) Rating criteria. HUD will award funds based on the criteria is applying for Shelter Plus Care assistance under the same specified in section 455(a)( 1 ) through (8) of the McKinney Act Notice of Fund Availability (NOFA) and will have an (42 U.S .C. 11403d( 1 ) -- 11403d(8)) and on the following criteria abbreviated consolidated plan with respect to that application , authorized by section 455(a)(9) of the McKinney Act (42 U. S .C . the State also must submit a certification by the unit of general 11403d(9)): local government that the State's application is consistent with ( 1 ) The extent to which the applicant has demonstrated the unit of general local government's HUD-approved coordination with other Federal , State, local, private and other consolidated plan . entities serving homeless persons in the planning and operation (b) Applicants that are not States or units ofgeneral local of the project, to the extent practicable; government. The applicant must submit a certification by the (2) Extent to which the project targets homeless persons living in jurisdiction in which the proposed project will be located that emergency shelters, supportive housing for homeless persons , or the jurisdiction is following its HUD-approved consolidated in places not designed for, or ordinarily used as , a regular plan and the applicant's application for funding is consistent sleeping accommodation for human beings ; with the jurisdiction 's HUD-approved consolidated plan . The (3) Quality of the project; and certification must be made by the unit of general local (4) Extent to which the program will serve homeless persons who government or the State, in accordance with the consistency are seriously mentally ill , have chronic alcohol and/or drug abuse certification provisions of the consolidated plan regulations, problems, or have AIDS and related diseases. 24 CFR part 91 , subpart F. (c) Indian tribes and the Insular Areas of Guam, the U. S. (Approved by the Office of Management and Budget under Virgin Islands, American Samoa, and the Northern Mariana control number 2506-0118) Islands. These entities are not required to have a consolidated plan or to make consolidated plan certifications . An [61 FR 51170, Sept. 30, 1996] application by an Indian tribe or other applicant for a project that will be located on a reservation of an Indian tribe will not §582.230 Environmental review requirements. require a certification by the tribe or the State. However, (a) Responsibilityfor review. ( 1 ) HUD will perform the where an Indian tribe is the applicant for a project that will not environmental review, in accordance with part 50 of this title, for be located on a reservation, the requirement for a certification conditionally selected applications received from PHA applicants under paragraph (b) of this section will apply. and from IHA applicants. HUD is not permitted to approve such (d) Timing of consolidated plan certification submissions. applications prior to its completion of this review, nor is the PHA Unless otherwise set forth in the NOFA, the required or IHA permitted to enter into a contract for, or otherwise certification that the application for funding is consistent with commit HUD or local funds for, acquisition, rehabilitation , the HUD-approved consolidated plan must be submitted by conversion, lease, repair, or construction of property to provide the funding application submission deadline announced in the housing under the program, prior to HUD's completion of this NOFA. review and approval of the application, except under the SRO component. [60 FR 16379, Mar. 30, 19951 (2) Applicants that are States , units of general local government, or Indian tribes must assume responsibility as "responsible entities " for environmental review, decisionmaking, and action for each application for assistance in accordance with part 58 of this title. In addition , for PHA projects and IHA projects that the entity will assume all the environmental review responsibility that would otherwise be performed by HUD as the under the SRO component, environmental reviews will be performed by State, local government, Indian tribe, or Alaska responsible Federal official under NEPA and related authorities native village "nonrecipient responsible entities" as provided listed in 24 CFR 58 .5. under part 58 of this title. HUD is permitted to approve such (2) For applicants required to assume environmental review applications subject to the completion of reviews by the responsibility and for PHAs and IHAs under the SRO applicant in accordance with part 58 of this title. Applicants component, the award of funding is subject to completion of the performing these reviews may adopt relevant and adequate environmental responsibilities set out in 24 CFR part 58 within a prior reviews conducted by HUD or another governmental reasonable time period after notification of the award . (This provision does not preclude the applicant from enclosing its entity if the reviews meet the particular requirements of the environmental certification and Request for Release of Funds Federal environmental law or authority under which they with its application .) would be adopted, and only under certain conditions (e.g. , a (i) Upon completion of the requirements in 24 CFR part 58 : determination that no environmentally significant changes (A) Applicants required to assume environmental review have occurred since the review was done). Applicants who responsibility must certify the completion ; adopt such relevant and adequate prior reviews may include (B) PHA and IHA applicants under the SRO component must the environmental certification and Request for Release of submit the nonrecipient responsible entities' certification of Funds with their applications. completion ; and (b) Environmental review by HUD. With regard to the (C) All applicants must submit a Request for Release of Funds. environmental effects of applications for which HUD This submission is not required in cases in which the applicant performs the review, HUD will undertake its review in determines, in accordance with part 58 that its program accordance with the provisions of NEPA and the related components are totally exempt. authorities listed in 24 CFR 50.4. HUD may eliminate an (ii ) HUD will not release grant funds if the recipient or any other application from consideration where the application would party commits grant funds (i .e. , incurs any costs or expenditures require an Environmental Impact Statement (EIS). PHA to be paid or reimbursed with such funds) before the grantee applicants and IHA applicants (other than under the SRO submits and HUD approves its Request for Release of Funds component) must include in their application an assurance that (when such submission is required). the applicant will : ( 1 ) Not enter into a contract for, or otherwise commit HUD or [61 FR 51170, Sept. 30, 19961 local funds for, acquisition, rehabilitation, conversion, lease, repair, or construction of property to provide housing under Subpart D -- Program Requirements the program, prior to HUD's completion of the review and approval of the application ; §582.300 General operation. (2) Supply HUD with information necessary for HUD to (a) Participation of homeless individuals. ( 1 ) Each recipient must perform any applicable environmental review when requested provide for the consultation and participation of not less than one under §582 .225(a); and homeless individual or formerly homeless individual on the (3) Carry out mitigating measures required by HUD or ensure board of directors or other equivalent policy-making entity of the that alternate sites are utilized. recipient, to the extent that the entity considers and makes (c) Environmental review by applicants or nonrecipient policies and decisions regarding any housing assisted under this responsible entities. ( 1 ) An applicant that is required under part or services for the participants . This requirement is waived if paragraph (a)(2) of this section to assume environmental the applicant is unable to meet the requirement and presents a review responsibility must include in its application an plan, which HUD approves, to otherwise consult with homeless assurance that the applicant will assume all the environmental or formerly homeless individuals in considering and making such review responsibility that would otherwise be performed by policies and decisions . Participation by such an individual who HUD as the responsible Federal official under NEPA and also is a participant under the program does not constitute a related authorities listed in 24 CFR 58 . 5 . A PHA or IHA conflict of interest under § 582 .340(b) of this part. applicant under the SRO component must include in its (2) To the maximum extent practicable, each recipient must application an assurance by the nonrecipient responsible entity involve homeless individuals and families, through employment, volunteer services, or otherwise, in within 30 days from the date of the lease agreement and the recipient verifies that all deficiencies have been corrected . constructing or rehabilitating housing Recipients must also inspect all units at least annually during the assisted under this part and in providing grant period to ensure that the units continue to meet the HQS . supportive services required under (b) Rent reasonableness. HUD will only provide assistance for a § 582 . 215 of this part , unit for which the rent is reasonable. For TRA, PRA, and SRA, it (b) Ongoing assessment of housing and supportive services. is the responsibility of the recipient to determine whether the rent Each recipient of assistance must conduct an ongoing charged for the unit receiving rental assistance is reasonable in assessment of the housing assistance and supportive services relation to rents being charged for comparable unassisted units, required by the participants , and make adjustments as taking into account the location, size, type, quality, amenities , appropriate. facilities , and management and maintenance of each unit, as well (c) Adequate supportive services. Each recipient must assure as not in excess of rents currently being charged by the same «i.., « ae , . «o ; � r �e ,. .� owner for comparable unassisted units . For SRO, rents are that adequate supportive services are available to participants calculated in accordance with 24 CFR 882 . 805(g). in the program. (d) Records and reports. ( 1 ) Each recipient must keep any [58 FR 13892 , Mar. 15, 1993 , as amended at 61 FR 51171 , Sept. records and, within the timeframe required , make any reports 30, 1996 ; 64 FR 50226, Sept. 15, 1999] (including those pertaining to race, ethnicity, gender, and disability status data) that HUD may require. §582.310 Resident rent. (2) Each recipient must keep on file, and make available to the (a) Amount of rent. Each participant must pay rent in accordance public on request, a description of the procedures used to with section 3 (a)( 1 ) of the U. S . Housing Act of 1937 (42 U.S .C. select sponsors under the SRA component and buildings under 1437a(a)(1 )), except that in determining the rent of a person the SRO, SRA, and PRA components. (3 ) Each recipient must occupying an intermediate care facility assisted under title XIX develop, and make available to the public upon request, its of the Social Security Act, the gross income of this person is the procedures for managing the rental housing assistance funds same as if the person were being assisted under title XVI of the provided by HUD. At a minimum, such procedures must Social Security Act. describe how units will be identified and selected ; how the (b) Calculating income. ( 1 ) Income of participants must be responsibility for inspections will be handled ; the process for calculated in accordance with 24 CFR 5 .609 and 24 CFR deciding which unit a participant will occupy; how 5 . 611 (a). participants will be placed in , or assisted in finding (2) Recipients must examine a participant's income initially, and appropriate housing; how rent calculations will be made and at least annually thereafter, to determine the amount of rent the amount of rental assistance payments determined ; and payable by the participant. Adjustments to a participant's rental what safeguards will be used to prevent the misuse of funds. payment must be made as necessary. (3 ) As a condition of participation in the program, each (Approved by the Office of Management and Budget under participant must agree to supply the information or control number 2506-0118) documentation necessary to verify the participant's income. Participants must provide the recipient information at any time [58 FR 13892 , Mar. 15 , 1993 , as amended at 61 FR 51171 , regarding changes in income or other circumstances that may Sept. 30, 19961 result in changes to a participant's rental payment. §582.305 Housing quality standards; rent reasonableness. [66 FR 6225, Jan . 19, 200 1 ] (a) Housing quality standards. Housing assisted under this part must meet the applicable housing quality standards (HQS) §582.315 Occupancy agreements. under §982.401 of this title -- except that § 982 .4010 ) of this (a) Initial occupancy agreement. Participants must enter into an title does not apply and instead part 35 , subparts A, B, K and occupancy agreement for a term of at least one month . The R of this title apply -- and, for SRO under § 882 . 803 (b) of this occupancy agreement must be automatically renewable upon title. Before any assistance will be provided on behalf of a expiration, except on prior notice by either party. participant, the recipient, or another entity acting on behalf of (b) Terms of agreement. In addition to standard lease provisions, the recipient (other than the owner of the housing), must physically inspect each unit to assure that the unit meets the HQS . Assistance will not be provided for units that fail to meet the HQS, unless the owner corrects any deficiencies However, other eligible disabled homeless persons must be considered for housing designed for the target population unless the recipient can demonstrate that there is sufficient demand by the target population for the units, and other eligible disabled the occupancy agreement may also include a provision homeless persons would not benefit from the primary supportive requiring the participant to take part in the supportive services services provided . provided through the program as a condition of continued (b) Compliance with requirements. ( 1 ) In addition to the occupancy. nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5 , recipients serving a designated population of §582.320 Termination of assistance to participants. homeless persons must, within the designated population, comply (a) Termination of assistance. The recipient may terminate with the prohibitions against discrimination against handicapped assistance to a participant who violates program requirements individuals under section 503 of the Rehabilitation Act of 1973 or conditions of occupancy. Recipients must exercise (29 U. S . C. 794) and implementing regulations at 41 CFR chapter judgment and examine all extenuating circumstances in 60-741 . determining when violations are serious enough to warrant (2) The nondiscrimination and equal opportunity requirements termination, so that a participant's assistance is terminated set forth at part 5 of this title are modified as follows : only in the most severe cases . Recipients are not prohibited (i) The Indian Civil Rights Act (25 U.S .C . 1301 et seq .) applies from resuming assistance to a participant whose assistance has to tribes when they exercise their powers of self-government, and been terminated. to IHAs when established by the exercise of such powers . When (b) Due process. In terminating assistance to a participant, the an IHA is established under State law, the applicability of the recipient must provide a formal process that recognizes the Indian Civil Rights Act will be determined on a case-by-case rights of individuals receiving assistance to due process of basis . Projects subject to the Indian Civil Rights Act must be law. This process, at a minimum, must consist of: developed and operated in compliance with its provisions and all ( 1 ) Written notice to the participant containing a clear implementing HUD requirements, instead of title VI and the Fair statement of the reasons for termination ; Housing Act and their implementing regulations . (2) A review of the decision, in which the participant is given (ii) [Reserved] the opportunity to present written or oral objections before a (c) Affirmative outreach. ( 1 ) If the procedures that the recipient person other than the person (or a subordinate of that person ) intends to use to make known the availability of the program are who made or approved the termination decision ; and unlikely to reach persons of any particular race, color, religion, (3 ) Prompt written notice of the final decision to the sex, age, national origin, familial status , or handicap who may participant. qualify for assistance, the recipient must establish additional procedures that will ensure that interested persons can obtain §582.325 Outreach activities. information concerning the assistance. Recipients must use their best efforts to ensure that eligible (2) The recipient must adopt procedures to make available hard-to-reach persons are served by S+C . Recipients are information on the existence and locations of facilities and expected to make sustained efforts to engage eligible persons services that are accessible to persons with a handicap and so that they may be brought into the program. Outreach should maintain evidence of implementation of the procedures . be primarily directed toward eligible persons who have a (d) The accessibility requirements, reasonable modification, and nighttime residence that is an emergency shelter or a public or accommodation requirements of the Fair Housing Act and of private place not designed for, or ordinarily used as, a regular section 504 of the Rehabilitation Act of 1973 , as amended . sleeping accommodation for human beings (e.g. , persons living in cars , streets , and parks). Outreach activities are [58 FR 13892 , Mar. 15, 1993 , as amended at 61 FR 5210, Feb. 9, considered to be a supportive service, and the value of such 1996] activities that occur after the execution of the grant agreement §582.335 Displacement, relocation, and real property may be included in meeting the matching requirement. acquisition. (a) Minimizing displacement. Consistent with the other goals and §582.330 Nondiscrimination and equal opportunity objectives of this part, recipients must assure that they have taken requirements. all reasonable steps to minimize the displacement of persons (a) General. Recipients may establish a preference as part of their admissions procedures for one or more of the statutorily targeted populations (i .e., seriously mentally ill , alcohol or substance abusers, or persons with AIDS and related diseases). (B) The date that the recipient obtains control of the project site, f such control is obtained after the submission of the application to HUD. (ii) Any person , including a person who moves before the date (families, individuals , businesses, nonprofit organizations, and described in paragraph (f)( 1 )(i) of this section, if the recipient or farms) as a result of supportive housing assisted under this HUD determines that the displacement resulted directly from part. acquisition, rehabilitation, or demolition for the assisted project. (b) Relocation assistance for displaced persons . A displaced (iii) A tenant-occupant of a dwelling unit who moves person defined inparagraph permanently from the building/complex on or after the date of the P ( (� of this section) must be provided relocation assistance at the levels described in, and in "initiation of negotiations" (see paragraph (g) of this section) if accordance with, the requirements of the Uniform Relocation the move occurs before the tenant has been provided written Assistance and Real Property Acquisition Policies notice offering him or her the opportunity to lease and occupy a Act of 1970 (URA) (42 U. S .C. 4601 -4655) and implementing suitable, decent, safe and sanitary dwelling in the same regulations at 49 CFR part 24. building/complex, under reasonable terms and conditions, upon (c) Real property acquisition requirements. The acquisition of completion of the project. Such reasonable terms and conditions real property for supportive housing is subject to the URA and must include a monthly rent and estimated average monthly the requirements described in 49 CFR part 24, subpart B . utility costs that do not exceed the greater of: (d) Responsibility of recipient. ( 1 ) The recipient must certify (A) The tenant's monthly rent before the initiation of negotiations (i . e. , provide assurance of compliance) that it will comply with and estimated average utility costs, or the URA, the regulations at 49 CFR part 24, and the (B) 30 percent of gross household income. If the initial rent is at requirements of this section, and must ensure such compliance or near the maximum, there must be a reasonable basis for notwithstanding any third party's contractual obligation to the concluding at the time the project is initiated that future rent recipient to comply with these provisions . increases will be modest. (2) The cost of required relocation assistance is an eligible (iv) A tenant of a dwelling who is required to relocate project cost in the same manner and to the same extent as temporarily, but does not return to the building/complex, if other project costs. Such costs also may be paid for with local either: public funds or funds available from other sources . (A) A tenant is not offered payment for all reasonable out-of- (3 ) The recipient must maintain records in sufficient detail to pocket expenses incurred in connection with the temporary demonstrate compliance with provisions of this section . relocation, or (e) Appeals. A person who disagrees with the recipient's (B) Other conditions of the temporary relocation are not determination concerning whether the person qualifies as a reasonable. "displaced person," or the amount of relocation assistance for (v) A tenant of a dwelling who moves from the building/complex which the person is eligible, may file a written appeal of that permanently after he or she has been required to move to another determination with the recipient. A low-income person who is unit in the same building/complex, if either: dissatisfied with the recipient's determination on his or her (A) The tenant is not offered reimbursement for all reasonable appeal may submit a written request for review of that out-of-pocket expenses incurred in connection with the move; or determination to the HUD field office. (B) Other conditions of the move are not (f) Definition of displaced person. ( 1 ) For purposes of this reasonable . section, the term "displaced person " means a person (family, (2) Notwithstanding the provisions of paragraph (f)( 1 ) of this individual, business, nonprofit organization, or farm) that section, a person does not qualify as a "displacedperson " (and is moves from real property, or moves personal property from not eligible for relocation assistance under the URA or this real property permanently as a direct result of acquisition , section), if: rehabilitation, or demolition for supportive housing project (i ) The person has been evicted for serious or repeated violation assisted under this part. The term "displaced person" includes, of the terms and conditions of the lease or occupancy agreement, but may not be limited to : violation of applicable Federal, State, or local or tribal law, or (i) A person that moves permanently from the real property other good cause, and HUD determines that the eviction was not after the property owner (or person in control of the site) undertaken for the purpose of evading the obligation to provide issues a vacate notice or refuses to renew an expiring lease, if relocation assistance; the move occurs on or after: (A) The date that the recipient submits to HUD an application for assistance that is later approved and funded, if the recipient has control of the project site ; or (b) Conflict of interest. ( 1 ) In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, (ii) The person moved into the property after the submission agent, consultant, officer, or elected or appointed official of the of the application and, before signing a lease and commencing recipient and who exercises or has exercised any functions or occupancy, was provided written notice of the project, its responsibilities with respect to assisted activities , or who is in a possible impact on the person (e.g. , the person may be position to participate in a decisionmaking process or gain inside displaced, temporarily relocated, or suffer a rent increase) and information with regard to such activities, may obtain a personal the fact that the person would not qualify as a "displaced or financial interest or benefit from the activity, or have an person " (or for any assistance provided under this section), if interest in any contract, subcontract, or agreement with respect the project is approved ; thereto, or the proceeds thereunder, either for himself or herself (iii) The person is ineligible under 49 CFR 24.2(g)(2); or or for those with whom he or she has family or business ties, (iv) HUD determines that the person was not displaced as a during his or her tenure or for one year thereafter. Participation direct result of acquisition, rehabilitation, or demolition for the by homeless individuals who also are participants under the project. program in policy or decisionmaking under §582 .300 of this part (3) The recipient may request, at any time, HUD's does not constitute a conflict of interest. determination of whether a displacement is or would be (2) Upon the written request of the recipient, HUD may grant an covered under this section . exception to the provisions of paragraph (b)( 1 ) of this section on (g) Definition of initiation of negotiations. For purposes of a case-by-case basis when it determine that the exception will determining the formula for computing the replacement serve to further the purposes of the program and the effective and housing assistance to be provided to a residential tenant efficient administration of the recipient's project. An exception displaced as a direct result of privately undertaken may be considered only after the recipient has provided the rehabilitation, demolition, or acquisition of the real property, following: the term "initiation of negotiations" means the execution of the (i ) For States, units of general local governments, PHAs and agreement between the recipient and HUD, or selection of the IHAs, a disclosure of the nature of the conflict, accompanied by project site, if later. an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and §582.340 Other Federal requirements. (ii) For all recipients, an opinion of the recipient's attorney that the interest for which the exception is sought would not violate In addition to the Federal requirements set forth in 24 CFR State or local law. part 5, the following requirements apply to this program: (3 ) In determining whether to grant a requested exception after (a) OMB Circulars. 1 ( 1 ) The policies, guidelines, and the recipient has satisfactorily met the requirement of paragraph requirements of OMB Circular No. A-87 (Cost Principles (b)(2) of this section , HUD will consider the cumulative effect of Applicable to Grants , Contracts and Other Agreements with the following factors, where applicable : State and Local Governments) and 24 CFR part 85 apply to (i) Whether the exception would provide a significant cost the acceptance and use of assistance under the program by benefit or an essential degree of expertise to the project which governmental entities, and OMB Circular Nos. A- 110 (Grants would otherwise not be available; and Cooperative Agreements with Institutions of Higher (ii) Whether the person affected is a member of a group or class Education , Hospitals, and Other Nonprofit Organizations) of eligible persons and the exception will permit such person to and 24 CFR part 84 and A- 122 (Cost Principles Applicable to receive generally the same interests or benefits as are being Grants, Contracts and Other Agreements with Nonprofit made available or provided to the group or class ; Institutions) apply to the acceptance and use of assistance by (iii) Whether the affected person has withdrawn from his or her private nonprofit organizations, except where inconsistent functions or responsibilities, or the decisionmaking process with with provisions of the McKinney Act, other Federal statutes, respect to the specific assisted activity in question ; or this part. (iv) Whether the interest or benefit was present before the (2) The financial management systems used by recipients affected person was in a position as described in paragraph (b)( 1 ) under this program must provide for audits in accordance with of this section; the provisions of 24 CFR part 44. Private nonprofit (v) Whether undue hardship will result either to the recipient or organizations who are subrecipients are subject to the audit the person affected when weighed against the public interest requirements of 24 CFR part 45 . HUD may perform or require additional audits as it finds necessary or appropriate. §582.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUD and the applicant execute a served by avoiding the prohibited conflict; and grant agreement, HUD will obligate funds to cover the amount of (vi) Any other relevant considerations. the approved grant. The recipient will be expected to carry out the activities as proposed in the application . After the initial [58 FR 13892, Mar. 15, 1993 , as amended at 61 FR 5210, Feb. obligation of funds , HUD is under no obligation to make any 9, 1996; 61 FR 51171 , Sept. 30, 1996; 62 FR 13539, upward revisions to the grant amount for any approved Mar. 21 , 1997] assistance. (b) Deobligation. (1 ) HUD may deobligate all or a portion of the Subpart E -- Administration approved grant amount if such amount is not expended in a timely manner, or the proposed housing for which funding was §582.400 Grant agreement, approved or the supportive services proposed in the application (a) General. The grant agreement will be between HUD and are not provided in accordance with the approved the recipient. HUD will hold the recipient responsible for the application, the requirements of this part, and other applicable overall administration of the program, including overseeing HUD regulations . The grant agreement may set forth other any subrecipients or contractors . Under the grant agreement, circumstances under which funds may be deobligated, and other the recipient must agree to operate the program in accordance sanctions may be imposed . with the provisions of this part and other applicable HUD (2) HUD may readvertise, in a notice of fund availability, the regulations . availability of funds that have been deobligated , or may (b) Enforcement. HUD will enforce the obligations in the reconsider applications that were submitted in response to the most recently published notice of fund availability and select grant agreement through such action as may be necessary, applications for funding with the deobligated funds. Such including recapturing assistance awarded under the program. selections would be made in accordance with the selection process described in § 582 .220 of this part. Any selections made §582.405 Program changes. using deobligated funds will be subject to applicable (a) Changes. HUD must approve, in writing, any significant appropriation act requirements governing the use of deobligated changes to an approved program. Significant changes that funding authority. require approval include, but are not limited to, a change in sponsor, a change in the project site for SRO or PRA with (Approved by the Office of Management and Budget under rehabilitation projects , and a change in the type of persons control number 2506-0118) with disabilities to be served . Depending on the nature of the change, HUD may require a new certification of consistency with the CHAS (see § 582 . 120). (b) Approval . Approval for such changes is contingent upon the application ranking remaining high enough to have been competitively selected for funding in the year the application was selected . E v EXHIBIT 2 TENANT-BASED RENTAL ASSISTANCE 1 . HUD agrees , subject to the terms of the Agreement, to provide the Grant Funds in the amount specified below for the approved project(s) described in the Application . HUD 's total funding obligation is $390, 180 for tenant-based rental assistance . 2 . The term of this Grant Agreement shall be five (5) years . 3 . Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate existing housing fair market rental value under Sec . 8 (c) ( 1 ) of the United States Housing Act of 1937 in effect at the time the Application was approved . This fair market rent may be higher or lower than the fair market rent in effect at the time of application submission . At the option of the Recipient and subject to the availability of such amounts , the Recipient may receive in any year (a) up to 25 percent of such amounts or (2) such higher percentage as HUD may approve upon a demonstration satisfactory to HUD that the Recipient has entered into firm financial commitments to ensure that the housing assistance described in the application will be provided for the full term of the contract . Any amounts not needed for a year may be used to increase the amount available in subsequent years .