Loading...
HomeMy WebLinkAbout2011-060 A TRUE COPY CERTIFICATION ON LAST PA'OE Enclosure J . K . 8ITOi , CLERK j oo VVV FL036OC4HO91001 r 6 . � t � FL- 509 . REN - 2010IRChronicsRenewal $ 99 , 000 av � � _ � � � FLO12OC4HO91003 o THF FL- 509 - REN - 2010NewHorizonsl vQ� eo9� $ 171 , 000 a RPR - 201 FLOI 14C4HO91003 2a FL- 509 - REN - 201 OA1cohopeRenewal 9NR pt $ 76 , 944 FLO119C4HO91003 FL- 509 - REN - 2010NewChronics $ 117 , 000 FLO116B4HO91003 FL- 509 - REN - 201OHMISExpansionRenewal $ 36 , 177 FLO115B4HO91003 FL- 509 - REN - 201 OTransitionalHousingRenewal $ 70 , 063 FL0308B4HO91002 FL- 509 - REN - 201 OCoCWideHMISRenewal $ 25 , 856 Total Awarded : $ 5965040 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK P� MENT OF *N� U . S . Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street o Suite 1015 9e N oevE oe Jacksonville, FL 32202 E C E I V DHUD - DIRECTM rPD Grant Number : FLO 114C4HO91003 MAR 10 2011 Project Name : FL- 509 - REN - 2010A1cohopeRenewal Total Award Amount : $ 76 , 944 BY Number of Units : 8 TO Component : TRA JACKSONVILLE FIELD OFFICE Recipient : Indian River County Board of Commissioners Official Contact Person and Title : Bradley Bernauer , Director , County Human Services Telephone Number : ( 772) 567 - 8000 Fax Number : ( 772) 567 - 5991 E-mail Address : tchscinc_office@bellsouth . net EIN /Tax ID Number : 59 - 6000674 DUNS Number : 079208989 Effective Date : April 1 , 2011 Project Location ( s) : 2010 SHELTER PLUS CARE RENEWAL AGREEMENT This Agreement is made by and between the United States Department of Housing and Urban Development (HUD ) and the Recipient, which is described in section 1 of Exhibit 2 . 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 " ) , which is attached hereto and made a part hereof as Exhibit 1 , and the Notice of Funding Availability (NOFA) that was published in two parts . The first part was the General Section of the NOTA, which was published June 11 , 2010 at 75 FR 33323 . The second part was the Continuum of Care Homeless Assistance Programs section of the NOFA , which is located at http : //www . hud . gov/offices/adm/ grants/nofa10/ grpcoe . cfm . The terms " Grant " or " Grant Funds " mean the funds for rental assistance that are provided under this Agreement . The term " Application " means the application submission on the basis of which a Grant was approved by HUD , including the certifications and assurances and any information or documentation required to meet any grant award conditions ( including the application submissions for grants being consolidated in this agreement) . 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 . www . hud. gov espanol . hud . gov Page I A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK The following are attached hereto and made a part hereof: ❑X Exhibit 1 - The Shelter Phis Care Program Rule ® Exhibit 2 - for Tenant- based Rental Assistance ❑ Exhibit 3 - for Project- based Rental Assistance ❑ Exhibit 4 - for Sponsor-based Rental Assistance ❑ Exhibit 5 - for Section 8 Moderate Rehabilitation for Single Room Occupancy ❑ Exhibit 5A - Subgrant for the Administration of Rental Assistance (for SRO ) 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 . 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 sub -recipients , 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 . The recipient and project sponsor , if any , will not knowingly allow illegal activities in any unit assisted with S +C funds . Recipient agrees to draw Grant Funds for and to make rental assistance payments on behalf of eligible program participants at least quarterly . 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 that, 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 ; www . hud. gov espanol . hud. gov Page 2 A TRUE COPY CERTIFICATION ON LAST PAGE (d) direct the Recipient to suspend, discontinue or not incur costs for the affectecUJUB,AE4T;ON , CLERK (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 affirn-iative litigation seeking declaratory judgment , specific performance , damages , temporary or permanent injunctions and any other available remedies . 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 . The Grantee shall comply with requirements established by the Office of Management and Budget ( OMB ) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS ) , the Central Contractor Registration ( CCR) database , and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed . Reg . 55671 ( Sept . 14 , 201 f (to be at 2 CFR part 25 ) and Appendix A to Part 170 of Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg . 55663 ( Sept. 14 , 2010 ) (to be codified at 2 CFR part 170 ) . 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 without the prior approval of HUD . No right, benefit, or advantage of the Recipient or Sponsor hereunder may be assigned without prior written approval of HUD . The effective date of the Agreement shall be the expiration of the prior grant that is being renewed (applicable only to renewals of grants whose terms have not been extended) . Execution of this Agreement terminates any S +C Amendment and Extension Agreement executed by the parties , as of the effective date of this Agreement. (Where more than one grant is being consolidated , execution of this Agreement terminates the Grant Agreements for the grants identified in the attached exhibits , as of the effective date of this agreement . ) By signing below , Recipients that are states and units of local government certify that they are following a current HUD approved CHAS ( Consolidated Plan ) . www . hud. gov espanol . hud . gov Page 3 A TRUE COPY This agreement is hereby executed on behalf of the parties as follows : CERTIFICATION ON LAST PAGE JX BARTON , CLERK UNITED STATES OF AMERICA, Secretar37 of HousinDevelopment cl BY : ( Signature),,. (Title) (Date) RECIPIENT __ r (Name of Organization) '` Glik QpoH 4 wasy ( Signature of Authorized Official ) : '•.��, s � �s � (Title) a� cc h J P§rf l ' rt'd°p �q •� f � �� oe s a (Date) � OVEC Y unty A ministrator APPROVE® AS TO FORM AND LEGAL SUFFICi,may BY ALAN . POLA COUNTy ATTORNE " www. hud . gov espanol . hud . gov Page 4 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK EXHIBIT 1 24 CFR Ch . V ( 4Z1ZO9 Edition ) PART 582ZSHELTER PLUS CARE Subpart DZProgram Requirements Subpart AZGeneral 582 . 300 General operation . 582 . 305 Housing quality standards; rent reasonableness. 582 . 310 Resident rent. 582 . 315 Occupancy agreements. 582 . 320 Termination of assistance to participants. 582 . 325 Outreach activities . 582 . 330 Nondiscrimination and equal opportunity requirements. 582 . 335 Displacement, relocation, and real property acquisition . 582 . 340 Other Federal requirements . Subpart EZAdministration 582 . 400 Grant agreement. 582 .405 Program changes. 582 . 410 Obligation and deobligation of funds. AUTHORITY : 42 U . S . C. 3535(d) and 11403- 11407b . SOURCE : 58 FR 13892, Mar. 15, 1993 , unless otherwise noted . Subpart AZGeneral § 582 . 1 Purpose and scope. ( a ) General . The Shelter Plus Care program ( S + C) is authorized by title IV, subtitle F, of the Stewart B . McKinney Homeless Assistance Act ( the McKinney Act) ( 42 U . S . C. 11403- 11407b) . S + C is designed to link rental assistance to supportive services for hard -to-serve homeless persons with disabilities ( primarily those who are seriously mentally ill ; have chronic problems with alcohol, drugs, or both ; or have acquired PART 582ZSHELTER PLUS CARE immunodeficiency syndrome (AIDS ) and related Subpart AZGeneral diseases) and their families. The program provides grants to be used for rental assistance Sec. for permanent housing for homeless persons 582 . 1 Purpose and scope with disabilities. Rental assistance grants must 582 . 5 Definitions. . be matched in the aggregate by supportive Subpart BZAssistance Provided services that are equal in value to the amount 582 . 100 Program component descriptions. of rental assistance and appropriate to the 582 . 105 Rental assistance amounts and payments , needs of the population to be served . Recipients 582 . 110 Matching requirements , are chosen on a competitive basis nationwide . 582 . 115 Limitations on assistance . ( b) Components . Rental assistance is 582 . 120 Consolidated plan , provided through Four components described in § 582 . 100 . Applicants may apply for assistance Subpart CZApplication and Grant Award under any one of the four components, or a 582 . 200 Application and grant award, combination. 582 . 230 Environmental review 1996] 13892, Mar. 15, 1993, as amended at 61 FR 51169, Sept. 30, www. hud . gov espanol . hud . gov Page 5 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK Ofc. of Asst. Secy . , Comm . Planning, Develop . , HUD § 582 . 5 § 582 . 5 Definitions. The terms Fair Market Rent ( FMR) , HUD, ( 1 ) A person shall be considered to have a Public Housing Agency ( PHA ) , Indian Housing disability if such person has a physical , mental , Authority ( IHA), and Secretary are defined in 24 or emotional impairment which is expected to CFR part 5 . be of long - continued and indefinite duration ; As used in this part : substantially impedes his or her ability to live Acquired immunodeficiency syndrome independently; and is of such a nature that such (AIDS) and related diseases has the meaning ability could be improved by more suitable given in section 853 of the AIDS Housing housing conditions . Opportunity Act ( 42 ( 2 ) A person will also be considered to U . S . C. 12902 ) o have a disability if he or she has a Applicant has the meaning given in section developmental disability, which is a severe, 462 of the McKinney Act ( 42 chronic disability that- U . S . C. 11403g ) . ( i ) Is attributable to a mental or physical Eligible person means a homeless person impairment or combination of mental and with disabilities ( primarily persons who are physical impairments; seriously mentally ill ; have chronic problems ( ii ) Is manifested before the person attains with alcohol , drugs, or both ; or have AIDS and age 22 ; related diseases) and , if also homeless, the ( iii ) Is likely to continue indefinitely; family of such a person . To be eligible for ( iv) Results in substantial functional assistance, persons must be very low income, limitations in three or more of the following except that low- income individuals may be areas of major life activity : assisted under the SRO component in (A) Self-care; accordance with 24 CFR 813 . 105( b ) . ( B) Receptive and expressive language; Homeless or homeless individual has the ( C) Learning ; meaning given in section 103 of the McKinney ( D ) Mobility; Act (42 U . S . C . 11302) . ( E ) Self- direction ; Indian tribe has the meaning given in ( F) Capacity for independent living ; and section 102 of the Housing and Community ( G ) Economic self- sufficiency; and Development Act of 1974 ( 42 U . S . C. 5302 ) . (v) Reflects the person ' s need for a Low- income means an annual income not in combination and sequence of special , excess of 80 percent of the median income for interdisciplinary, or generic care, treatment, or the area , as determined by HUD . HUD may other services which are of lifelong or extended establish income limits higher or lower than 80 duration and are individually planned and percent of the median income for the area on coordinated , the basis of its finding that such variations are ( 3 ) Notwithstanding the preceding necessary because of the prevailing levels of provisions of this definition, the term person construction costs or unusually high or low with disabilities includes, except in the case of family incomes. the SRO component, two or more persons with Nonprofit organization has the meaning disabilities living together, one or more such given in section 104 of the Cranston- Gonzalez persons living with another person who is National Affordable Housing Act ( 42 U . S . C. determined to be important to their care or 12704) . The term nonprofit organization also well - being , and the surviving member or includes a community mental health center members of any household described in the first established as a public nonprofit organization , sentence of this definition who were living , in a Participant means an eligible person who unit assisted under this part, with the deceased has been selected to participate in S + C, member of the household at the time of his or Person with disabilities means a household her death . ( In any event, with respect to the composed of one or more persons at least one surviving member or members of a household , of whom is an adult who the right to rental assistance under this part will has a disability . terminate at the end of the grant period www. hud . gov cspanol . hud . gov Page 0 ATRUECOPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582 . 100 24 CFR Ch . V ( 4LIZ09 Edition ) necessary because of unusually high or low under which the deceased member was a family incomes . participant. ) Recipient means an applicant approved to [61 FR 51169, Sept. 30, 1996; 62 FR 13539, Mar. 21 , 1997] receive a S + C grant . Seriously mentally ill has the meaning given in section 462 of the McKinney Act ( 42 U . S . C. Subpart BZAssistance Provided 11403g ) . § 582 . 100 Program component descriptions. Single room occupancy (SRO ) housing means a unit for occupancy by one person , ( a ) Tenant- based rental assistance (TRA) . which need not but may contain food Tenant- based rental assistance provides grants preparation or sanitary facilities, or both . for rental assistance which permit participants Sponsor means a nonprofit organization to choose housing of an appropriate size in which owns or leases dwelling units and has which to reside . Participants retain the rental contracts with a recipient to make such units assistance if they move . Where necessary to available to eligible homeless persons and facilitate the coordination of supportive services, receives rental assistance payments under the grant recipients may require participants to live SRA component , in a specific area for their entire period of State has the meaning given in section 462 participation or in a specific structure for the of the McKinney Act (42 U . S . C. 11403g ) m first year and in a specific area for the Supportive service provider, or service provider, remainder of their period of participation , means a person or organization licensed or Recipients may not define the area in a way otherwise qualified to provide supportive that violates the Fair Housing Act or the services, either for profit or not for profit. Rehabilitation Act of 1973 . The term of the Supportive services means assistance that grant between HUD and the grant recipient for ( 1 ) Addresses the special needs of eli -gible TRA is five years. persons ; and ( b) Project- based rental assistance ( PRA) . ( 2 ) Provides appropriate services or assists Project- based rental assistance provides grants such persons in obtaining appropriate services, for rental assistance to the owner of an existing including health care, mental health treatment, structure, where the owner agrees to lease the alcohol and other substance abuse services, subsidized units to participants. Participants do child care services, case management services, not retain rental assistance if they move . Rental counseling , supervision , education, job training , subsidies are provided to the owner for a period and other services essential for achieving and of either five or ten years . To qualify for ten maintaining independent living , years of rental subsidies, the owner must ( Inpatient acute hospital care does not qualify complete at least $ 3 , 000 of eligible as a supportive service . ) , rehabilitation for each unit ( including the unitLs Unit of general local government has the prorated share of work to be accomplished on meaning given in section 102 of the Housing common areas or systems) , to make the and Community Development Act of 1974 ( 42 structure decent, safe and sanitary . This U . S . C. 5302 ) , rehabilitation must be completed with in 12 Very low- income means an annual income months of the grant award , not in excess of 50 percent of the median ( c) Sponsor- based rental assistance ( SRA ) , income for the area , as determined by HUD, Sponsor- based rental assistance provides grants with adjustments for smaller and larger families , for rental assistance through contracts between HUD may establish income limits higher or lower the grant recipient and sponsor organizations . A than 50 percent of the median income for the sponsor may be a private, nonprofit area on the basis of its finding that such organization or a community mental health variations are agency established as a public nonprofit organization . Participants reside in housing owned or leased by www . hud . gov espanol . hud • gov Page 7 ATRUECOPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK Ofc, of Asst. Secy. , Comm . Planning, Develop ., HUD § 582 . 105 the sponsor. The term of the grant between program that includes a range of housing types HUD and the grant recipient for SRA is five with differing levels of supportive services . years . Rental assistance may include security deposits (d ) Moderate rehabilitation for single room on units in an amount up to one monthLs rent, occupancy dwellings ( SRO) . ( 1 ) The SRO ( b) Amount of the grant. The amount of component provides grants for rental assistance the grant is based on the number and size of in connection with the moderate rehabilitation units proposed by the applicant to be assisted of single room occupancy housing units , over the grant period . The grant amount is Resources to initially fund the cost of calculated by multiplying the number of units rehabilitating the dwellings must be obtained proposed times the applicable Fair Market Rent from other sources. However, the rental ( FMR ) of each unit times the term of the grant. assistance covers operating expenses of the (c) Payment of grant. ( 1 ) The grant rehabilitated SRO units occupied by homeless amount will be reserved for rental assistance persons, including debt service to retire the cost over the grant period . An ap- plicantis grant of the moderate rehabilitation over a ten -year request is an estimate of the amount needed for period , rental assistance . Recipients will make draws ( 2 ) SRO housing must be in need of from the reserved amount to pay the actual moderate rehabilitation and must meet the costs of rental assistance for program requirements of 24 CFR 882 . 803 (a ) . Costs participants . For TRA, on demonstration of associated with rehabilitation of common areas need , up to 25 percent of the total rental may be included in the calculation of the cost assistance awarded may be spent in any one of for assisted units based on the proportion of the the five years, or a higher percentage if number of units to be assisted under this part to approved by HUD, where the applicant provides the total number of units . evidence satisfactory to HUD that it is financially ( 3 ) SRO assistance may also be used for committed to providing the housing assistance efficiency units selected for rehabilitation under described in the application for the full five- year this program, but the gross rent (contract rent period . plus any utility allowance ) for those units will be ( 2 ) A recipient must serve at least as many no higher than for SRO units ( i . e . , 75 percent of participants as shown in its application . Where the 0- bedroom Moderate Rehabilitation Fair the grant amount reserved for rental assistance Market Rent) , over the grant period exceeds the amount that (4) The requirements regarding will be needed to pay the actual costs of rental main -tenance, operation, and inspections assistance, due to such factor as contract rents described in 24 CFR 882 . 806 ( b) ( 4) and being lower than FMRs and participants are 882 . 808 ( n ) must be met, being able to pay a portion of the rent, ( 5 ) Governing regulations. Except where recipients may use the remaining funds for the there is a conflict with any requirement under costs of administering the housing assistance, this part or where specifically provided, the SRO as described in paragraph ( e ) of this section , for component will be governed by the regulations damage to property, as described in paragraph set forth in 24 CFR part 882 , subpart H . ( f) of this section , for covering the costs of rent increases, or for serving a great number of § 582 . 105 Rental assistance amounts and participants . payments. ( d ) Vacancies . ( 1 ) If a unit assisted under ( a ) Eligible activity. S + C grants may be this part is vacated before the expiration of the used for providing rental assistance for housing occupancy agreement described in § 582 . 315 of occupied by participants in the program and this part, the assistance for the unit may administrative costs as provided for in continue for a maximum of 30 days from the paragraph (e ) of this section , except that the end of the month in which the unit was vacated, housing may not be currently receiving Federal unless occupied by another eligible funding for rental assistance or operating costs person . No additional assistance under other HUD programs . Recipients may design a housing www . hud . gov espanoi . hud . gov Page 4 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582. 110 24 CFR Ch . V (4i1L09 Edition ) will be paid until the unit is occupied by another funds are provided ) , as well as State, local , and eligible person , private sources, provided that funds from the ( 2 ) As used in this paragraph ( d ), the term other source are not statutorily prohibited to be vacateZZ does not include brief periods of used as a match , inpatient care, not to exceed 90 days for each ( 2 ) Only services that are provided after occurrence , the execution of the grant agreement may (e) Administrative costs . ( 1 ) Up to eight count toward the match , percent of the grant amount may be used to ( 3 ) It is the responsibility of the re- cipient pay the costs of administering the housing to ensure that any funds or services used to assistance . Recipients may contract with satisfy the matching requirements of this another entity approved by HUD to administer section are eligible under the laws governing the housing assistance , the funds or services to be used as matching ( 2 ) Eligible administrative activities include funds or services for a grant awarded under this processing rental payments to landlords, program , examining participant income and family ( b) Availability to participants . Recipients composition , providing housing information and must give reasonable assurances that assistance, inspecting units for compliance with supportive services will be available to housing quality standards, and receiving into participants for the entire term of the rental the program new participants. This assistance . The value of the services provided to administrative allowance does not include the a participant, however, does not have to equal cost of administering the supportive services or the amount of rental assistance provided that the grant ( e . g . , costs of preparing the participant, nor does the value have to be equal application , reports or audits required by HUD), to the amount of rental assistance on a which are not eligible activities under a S + C year- to-year basis . grant. ( c) Calculating the value of supportive (f) Property damage . Recipients may use services. In calculating the amount of the grant funds in an amount up to one months matching supportive services, applicants may rent to pay for any damage to housing due to count : the action of a participant. ( 1 ) Salaries paid to staff of the recipi - ent to [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 511701 Sept. 30, provide supportive services to S + C participants; 1996] ( 2 ) The value of supportive services § 582 . 110 Matching requirements , provided by other persons or organizations to S + C participants; ( a) Matching rental assistance with ( 3 ) The value of time and services supportive services . ( 1 ) To qualify for rental contributed by volunteers at the rate of $ 10 . 00 assistance grants, an applicant must certify that an hour, except for donated professional it will provide or ensure the provision of services which may be counted at the supportive services, including funding the customary charge for the service provided services itself if the planned resources do not ( professional services are services ordinarily become available for any reason , appropriate to performed by donors for payment, such as the the needs of the population being served , and services of health professionals, that are at least equal in value to the aggregate amount equivalent to the services they provide in their of rental assistance funded by HUD . The occupations) ; supportive services may be newly created for ( 4 ) The value of any lease on a build - ing the program or already in operation , and may used for the provision of supportive services, be provided or funded by other Federal , State, provided the value included in the match is no local , or private programs in accordance with 42 more than the prorated share used for the U . S . C. 11403b . This statute provides that a program ; and recipient may use funds from any source, ( 5 ) The cost of outreach activities, as including any other Federal source ( but described in § 582 . 325 ( a ) of this part , excluding the specific statutory subtitle from which S + C [ 58 FR 13892, Mar, 15, 1993, as amended at 73 FR 75325, Dec. 11 , 2008] www . hud . gov espanol . hud . gov Page 9 ATRUECOPY CERTIFICATION ON LAST PACit J . K . BARTON , CLERK Ofc. of Asst. Secy. , Comm . Planning , Develop . , HUD § 582 . 120 § 582 . 115 Limitations on assistance. its internal governance, and it may retain religious terms in its or aniza - tions name ( a ) Current occupants . Current occupants select its board members on a religious basis, of the real property are not eligible for g assistance under this part . However, as and include religious references in its described in § 582 . 335, persons displaced as a organizationLs mission statements and other direct result of acquisition , rehabilitation , or governing documents, demolition for a project under the S + C program ( 4 ) An organization that participates in the are eligible for and must be provided relocation S + C program shall not, in providing program assistance at Uniform Relocation Act levels , assistance, discriminate against a program ( b) Amount of assistance provided within a beneficiary or prospective program beneficiary jurisdiction . HUD will limit the amount of on the basis of religion or religious belief, assistance provided within the jurisdiction of ( 5 ) If a State or local government any one unit of local government to no more vol - untarily contributes its own funds to than 10 percent of the amount available, supplement federally funded activities, the State (c) Faith - based activities . ( 1 ) Organizations or local government has the option to segregate that are religious or faith - based are eligible, on the Federal funds or commingle them . However, the same basis as any other organization, to if the funds are commingled , this section applies participate in the S + C program . Neither the to all of the commingled funds . Federal government nor a State or local ( d ) Maintenance of effort. No assistance government receiving funds under S + C received under this part (or any State or local programs shall discriminate against an government funds used to supplement this organization on the basis of the organi - zationLs assistance) may be used to replace funds religious character or affiliation , provided under any State or local government 2 assistance programs previously used , or ( ) Organizations that are directly funded under the S + C program may not engage in designated for use to assist persons with inherently religious activities, such as worship, disabilities, homeless persons, or homeless religious instruction , or proselytization as part of persons with disabilities , the programs or services funded under this part. [58 FR 13892, Mar. 15, 1993, as amended at 68 FR 56407, Sept. 30, If an organization conducts such activities, the 2003] activities must be offered separately, in time or location, from the programs or services funded § 582. 120 Consolidated plan . under this part, and participation must be (a ) Applicants that are States or units of voluntary for the beneficiaries of the general local government . The applicant must HUD- funded programs or services , have a HUD- approved complete or abbreviated ( 3 ) A religious organization that consolidated plan , in accordance with 24 CFR par-ticipates in the S + C program will retain its part 91 , and must submit a certification that the independence from Federal, State, and local application for funding is consistent with the governments, and may continue to carry out its HUD - approved consolidated plan . Funded mission, including the definition , practice and applicants must certify in a grant agreement expression of its religious beliefs, provided that that they are following the HUD- approved it does not use direct S + C funds to support any consolidated plan . If the applicant is a State, inherently religious activities, such as worship, and the project will be located in a unit of religious instruction , or proselytization . Among general local government that is required to other things, faith - based organizations may use have, or has, a complete consolidated plan , or space in their facilities to provide S + C- funded that is applying for Shelter Plus Care assistance services, without removing religious art, icons, under the same Notice of Fund Availability scriptures, or other religious symbols . In ( NOFA ) and will have an abbreviated addition , an S + C- funded religious organization consolidated plan with respect to that retains its authority over application , the State also must submit a certification by the unit of general local government that the State4s application is consistent with the unit www. ltud . gov espanol . hud . gov Page 10 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582 . 200 24 CFR Ch . V (41109 Edition ) of general local governments HUD-ap- proved ( b ) Rating criteria . HUD will award funds consolidated plan , based on the criteria specified in section ( b) Applicants that are not States or units 455( a ) ( 1 ) through ( 8 ) of the McKinney Act ( 42 of general local government. The applicant must U . S . C. 11403d ( 1 ) L 11403d ( 8 ) ) and on the submit a certification by the jurisdiction in which following criteria authorized by section the proposed project will be located that the 455( a ) ( 9 ) of the McKinney Act ( 42 U . S . C. jurisdiction is following its HUD- ap- proved 11403d ( 9 ) ) : consolidated plan and the appli-cantLs ( 1 ) The extent to which the applicant has application for funding is consistent with the demonstrated coordination with other Federal , jurisdictionLs HUD- ap- proved consolidated plan . State, local , private and other entities serving The certification must be made by the unit of homeless persons in the planning and operation general local government or the State, in of the project, to the extent practicable; accordance with the consistency certification ( 2 ) Extent to which the project tar-gets provisions of the consolidated plan regulations, homeless persons living in emergency shelters, 24 CFR part 91 , subpart F. supportive housing for homeless persons, or in (c) Indian tribes and the Insular Areas of places not designed for, or ordinarily used as, a Guam , the U . S . Virgin Islands, American Samoa , regular sleeping accommodation for human and the Northern Mariana Islands . These beings; entities are not required to have a consolidated ( 3 ) Quality of the project; and plan or to make consolidated plan certifications . (4) Extent to which the program will serve An application by an Indian tribe or other homeless persons who are seriously mentally ill , applicant for a project that will be located on a have chronic alcohol and/or drug abuse reservation of an Indian tribe will not require a problems, or have AIDS and related diseases, certification by the tribe or the State . However, (Approved by the Office of Management and Budget under control where an Indian tribe is the applicant for a number 250610118) project that will not be located on a reservation , [61 FR 51170, Sept. 30, 1996) the requirement for a certification under paragraph ( b ) of this section will apply. § 582 . 230 Environmental review. ( d ) Timing of consolidated plan certification (a ) Activities under this part are sub-ject to submissions . Unless otherwise set forth in the HUD environmental regulations in part 58 of this NOFA, the required certification that the title , except that HUD will perform an application for funding is consistent with the environmental review in accordance with part HUD -approved consolidated plan must be 50 of this title prior to its approval of any submitted by the funding application submission conditionally selected applications from PHAs for deadline announced in the NOFA. Fiscal Year 2000 and prior years for other than (60 FR 16379, Mar. 30, 1995) the SRO component. For activities under a grant to a PHA that generally would be subject to Subpart C -Application and Grant review under part 58 , HUD may make a finding Award in accordance with § 58 . 11 (d ) and may itself perform the environmental review under the § 582 . 200 Application and grant award , provisions of part 50 of this title if the recipient (a ) Review . When funds are made PHA objects in writing to the responsible available for assistance, HUD will publish a enti - tyLs performing the review under part notice of fund availability in the FEDERAL 58 . Irrespective of whether the respon-sible REGISTER in accordance with the requirements entity in accord with part 58 (or HUD in accord of 24 CFR part 4 . Applications will be reviewed with part 50 ) performs the environmental and screened in accordance with the guidelines, review, the recipient shall supply all available, rating criteria and procedures published in the relevant information necessary for the notice , responsible entity ( or HUD , if applicable) to perform for each property any environmental review required by this part, www . hud . gov cspanol . hud • gov Page I I A TRUE COPY CERTIFICATION ON LAST PAGE J , K , BARTON , CLERK Ofc, of Asst. Secy. , Comm . Planning , Develop . , HUD § 582 . 305 The recipient also shall carry out mitigating ( 2 ) To the maximum extent prat-ticable, measures required by the responsible entity ( or each recipient must involve homeless individuals HUD, if applicable) or select alternate eligible and families, through employment, volunteer property. HUD may eliminate from consideration services, or otherwise, in constructing or any application that would require an rehabilitating housing assisted under this part Environmental Impact Statement ( EIS ) . and in providing supportive services required ( b ) The recipient, its project partners and under § 582 . 215 of this part, their contractors may not acquire, rehabilitate, ( b) Ongoing assessment of housing and convert, lease, repair, dispose of, demolish , or supportive services . Each recipient of assistance construct property for a project under this part, must conduct an ongoing assessment of the or commit or expend HUD or local funds for housing assistance and supportive services such eligible activities under this part, until the required by the participants, and make responsible entity (as defined in § 58 . 2 of this adjustments as appropriate , title) has completed the environmental review (c) Adequate supportive services . Each procedures required by part 58 and the recipient must assure that adequate supportive environmental certification and RROF have been services are available to participants in the approved or HUD has performed an program , environmental review under part 50 and the ( d ) Records and reports. ( 1 ) Each recipient recipient has received HUD approval of the must keep any records and, within the property . HUD will not release grant funds if the timeframe required , make any reports ( including recipient or any other party commits grant those pertaining to race, ethnicity, gender, and funds ( i . e . , incurs any costs or expenditures to disability status data ) that HUD may require , be paid or reimbursed with such funds) before ( 2 ) Each recipient must keep on file, and the recipient submits and HUD approves its make available to the public on request, a RROF (where such submission is required ) , description of the procedures used to select [68 FR 56130, Sept. 29, 20031 sponsors under the SRA component and buildings under the SRO, SRA, and PRA Subpart DZProgram Requirements components . ( 3 ) Each recipient must develop, and make available to the public upon request, its § 582. 300 General operation . procedures for managing the rental housing (a ) Participation of homeless individuals , assistance funds provided by HUD . At a ( 1 ) Each recipient must provide for the minimum , such procedures must describe how consultation and participation of not less than units will be identified and selected; how the one homeless individual or formerly homeless responsibility for inspections will be handled ; individual on the board of directors or other the process for deciding which unit a participant equivalent policy- making entity of the recipient, will occupy; how participants will be placed in , to the extent that the entity considers and or assisted in finding appropriate housing ; how makes policies and decisions regarding any rent calculations will be made and the amount housing assisted under this part or services for of rental assistance payments determined ; and the participants . This requirement is waived if what safeguards will be used to prevent the the applicant is unable to meet the requirement misuse of funds , and presents a plan, which HUD approves, to otherwise consult with homeless or formerly (Approved by the Office of Management and Budget under control homeless individuals in consideringand making number 3892, 118) 9 [ 58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51171 , Sept. 300 such policies and decisions . Participation by 1996] such an individual who also is a participant under the program does not constitute a conflict § 582 . 305 Housing quality standards, of interest under § 582 . 340 ( b ) of this part. rent reasonableness. ( a ) Housing quality standards . Housing assisted under this part must meet the www . hud . gov espanol . hud . gov Page 12 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582 . 310 24 CFR Ch . V ( 4Z109 Edition ) applicable housing quality standards ( HQS ) ( 2 ) Recipients must examine a under § 982 . 401 of this titleLex-cept that § par- ticipantLs income initially, and at least 982 . 4010 ) of this title does not apply and annually thereafter, to determine the amount of instead part 35, subparts A, B, K and R of this rent payable by the participant . Adjustments to title apply and , for SRO under § 882 . 803 ( b) of a participants rental payment must be made as this title . Before any assistance will be provided necessary , on behalf of a participant, the recipient, or ( 3 ) As a condition of participation in the another entity acting on behalf of the recipient program , each participant must agree to supply ( other than the owner of the housing ) , must the information or documentation necessary to physically inspect each unit to assure that the verify the participantLs income . Participants unit meets the HQS . Assistance will not be must provide the recipient information at any provided for units that fail to meet the HQS, time regarding changes in income or other unless the owner corrects any deficiencies circumstances that may result in changes to a within 30 days from the date of the lease participantLs rental payment, agreement and the recipient verifies that all [66 FR 6225, ]an. 19, 2001] deficiencies have been corrected . Recipients must also inspect all units at least annually § 582 . 315 Occupancy agreements, during the grant period to ensure that the units (a ) Initial occupancy agreement, continue to meet the HQS . Participants must enter into an occupancy ( b) Rent reasonableness . HUD will only agreement for a term of at least one month , provide assistance for a unit for which the rent The occupancy agreement must be is reasonable. For TRA, PRA, and SRA, it is the automatically renewable upon expiration , except responsibility of the recipient to determine on prior notice by either party , whether the rent charged for the unit receiving ( b) Terms of agreement. In addition to rental assistance is reasonable in relation to standard lease provisions, the occupancy rents being charged for comparable unassisted agreement may also include a provision units, taking into account the location , size, requiring the participant to take part in the type, quality, amenities, facilities, and supportive services provided through the management and maintenance of each unit, as program as a condition of continued occupancy . well as not in excess of rents currently being charged by the same owner for comparable unassisted units. For SRO, rents are calculated § 582 . 320 Termination of assistance to in accordance with 24 CFR 882 . 805 (g ) . participants. (58 FR 13892, Mar, 15, 1993, as amended at 61 FR 51171 , Sept. 30, (a ) Termination of assistance . The recipient 1996; 64 FR 50226, Sept. 15, 1999] may terminate assistance to a participant who violates program requirements or conditions of § 582 . 310 Resident rent. occupancy. Recipients must exercise judgment ( a ) Amount of rent. Each participant must and examine all extenuating circumstances in pay rent in accordance with section 3 (a ) ( 1 ) of determining when violations are serious enough the U . S . Housing Act of 1937 (42 U . S . C. to warrant termination, so that a participantLs 1437a ( a ) ( 1 ) ) , except that in determining the assistance is terminated only in the most severe rent of a person occupying an intermediate care cases . Recipients are not prohibited from facility assisted under title XIX of the Social resuming assistance to a participant whose Security Act, the gross income of this person is assistance has been terminated , the same as if the person were being assisted ( b ) Due process . In terminating assistance under title XVI of the Social Security Act to a participant, the recipient must provide a ( b) Calculating income . ( 1 ) Income of formal process that recognizes the rights of participants must be calculated in accordance individuals receiving assistance to due process with 24 CFR 5 . 609 and 24 CFR 5 . 611 ( a ) , of law. This process, at a minimum , must consist of: www . hud . gov espanol . hud . gov Paige 13 A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK Ofc. of Asst. Secy. , Comm . Planning , Develop . , HUD § 582 . 330 ( 1 ) Written notice to the participant homeless persons must, within the designated containing a clear statement of the reasons for population , comply with the prohibitions against termination ; discrimination against handicapped individuals ( 2 ) A review of the decision, in which the under section 503 of the Rehabilitation Act of participant is given the opportunity to present 1973 ( 29 U . S . C. 794) and implementing written or oral objections before a person other regulations at 41 CFR chapter 60L741 . than the person ( or a subordinate of that ( 2 ) The nondiscrimination and equal person ) who made or approved the termination opportunity requirements set forth at part 5 of decision ; and this title are modified as follows : ( 3 ) Prompt written notice of the final ( i ) The Indian Civil Rights Act ( 25 decision to the participant. U . S . C. 1301 et seq . ) applies to tribes when they exercise their powers of self-government, and § 582 . 325 Outreach activities . to IHAs when established by the exercise of Recipients must use their best efforts to such powers . When an IHA is established under ensure that eligible hard -to- reach persons are State law, the applicability of the Indian Civil served by S + C. Recipients are expected to make Rights Act will be determined on a case - by-case sustained efforts to engage eligible persons so basis . Projects subject to the Indian Civil Rights that they may be brought into the program . Act must be developed and operated in Outreach should be primarily directed toward compliance with its provisions and all eligible persons who have a nighttime residence implementing HUD requirements, instead of title that is an emergency shelter or a public or VI and the Fair Housing Act and their private place not designed for, or ordinarily implementing regulations , used as, a regular sleeping accommodation for ( ii ) [ Reserved ] human beings (e . g . , persons living in cars, ( c) Affirmative outreach . ( 1 ) If the streets, and parks) . Outreach activities are procedures that the recipient intends to use to considered to be a supportive service, and the make known the availability of the program are value of such activities that occur after the unlikely to reach persons of any particular race, execution of the grant agreement may be color, religion, sex, age, national origin , familial included in meeting the matching requirement, status, or handicap who may qualify for . assistance, the recipient must establish § 582 . 330 Nondiscrimination and equal additional procedures that will ensure that opportunity requirements, interested persons can obtain information concerning the assistance . (a ) General . Recipients may establish a ( 2 ) The recipient must adopt proce- dures preference as part of their admissions to make available information on the existence procedures for one or more of the statutorily and locations of facilities and services that are targeted populations ( i . e . , seriously mentally ill , accessible to persons with a handicap and alcohol or substance abusers, or persons with maintain evidence of implementation of the AIDS and related diseases) . However, other procedures , eligible disabled homeless persons must be ( d ) The accessibility requirements, considered for housing designed for the target reasonable modification , and accommodation population unless the recipient can demonstrate requirements of the Fair Housing Act and of that there is sufficient demand by the target section 504 of the Rehabilitation Act of 1973 , as population for the units, and other eligible amended . disabled homeless persons would not benefit from the primary supportive services provided . [58 FR 13892, Mar, 15, 1993, as amended at 61 FR 5210, Feb. 9, ( b ) Compliance with requirements . ( 1 ) In 1996] addition to the nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5, recipients serving a designated population of www . hud . gov cspanol . hud . gov Page 14 ATRUECOPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582 . 335 24 CFR Ch . V ( 4Z1Z09 Edition ) § 582 . 335 Displacement, relocation, and ( f) Definition of displaced person . ( 1 ) For real property acquisition . purposes of this section , the term ' ' displaced ( a ) Minimizing displacement. Consistent person44 means a person ( family, individual , with the other goals and objectives of this part, business, nonprofit organization , or farm ) that recipients must assure that they have taken all moves from real property, or moves personal reasonable steps to minimize the displacement property from real property permanently as a of persons ( families, individuals, businesses, direct result of acquisition , rehabilitation, or nonprofit organizations, and farms) as a result demolition for supportive housing project of supportive housing assisted under this part, assisted under this part . The term ' ' displaced ( b ) Relocation assistance for displaced person44 includes, but may not be limited to : persons . A displaced person (defined in ( i ) A person that moves permanently from paragraph ( f) of this section ) must be provided the real property after the property owner ( or relocation assistance at the levels described in , person in control of the site) issues a vacate and in accordance with, the requirements of the notice or refuses to renew an expiring lease, if Uniform Relocation Assistance and Real Property the move occurs on or after : Acquisition Policies Act of 1970 ( URA) (42 U . S . C. (A) The date that the recipient sub- mits to 460144655 ) and implementing regulations at 49 HUD an application for assistance that is later CFR part 24 , approved and funded, if the recipient has (c) Real property acquisition requirements , control of the project site; or The acquisition of real property for supportive ( B ) The date that the recipient ob-tains housing is subject to the URA and the control of the project site, if such control is requirements described in 49 CFR part 24, obtained after the submission of the application subpart B . to HUD . (d ) Responsibility of recipient. ( 1 ) The ( ii ) Any person , including a person who recipient must certify ( i . e . , provide assurance of moves before the date described in paragraph compliance) that it will comply with the URA, (f) ( 1 ) ( i ) of this section , if the recipient or HUD the regulations at 49 CFR part 24, and the determines that the displacement resulted requirements of this section , and must ensure directly from acquisition , rehabilitation , or such compliance notwithstanding any third demolition for the assisted project. party4s contractual obligation to the recipient to ( iii ) A tenant- occupant of a dwelling unit comply with these provisions , who moves permanently from the ( 2 ) The cost of required relocation building/complex on or after the date of the as- sistance is an eligible project cost in the ' ' initiation of negotiations44 (see paragraph (g ) same manner and to the same extent as other of this section ) if the move occurs before the project costs . Such costs also may be paid for tenant has been provided written notice offering with local public funds or funds available from him or her the opportunity to lease and occupy other sources . a suitable, decent, safe and sanitary dwelling in ( 3 ) The recipient must maintain records in the same building/ complex, under reasonable sufficient detail to demonstrate compliance with terms and conditions, upon completion of the provisions of this section . project. Such reasonable terms and conditions ( e) Appeals . A person who disagrees with must include a monthly rent and estimated the recipient4s determination concerning average monthly utility costs that do not exceed whether the person qualifies as a ' ' displaced the greater of: person , L or the amount of relocation assistance (A ) The tenant4s monthly rent before the for which the person is eligible, may file a initiation of negotiations and estimated average written appeal of that determination with the utility costs, or recipient. A low- income person who is ( B ) 30 percent of gross household in -come . dissatisfied with the recipient4s determination If the initial rent is at or near the maximum , on his or her appeal may submit a written there must be a reasonable request for review of that determination to the basis for concluding at the time HUD field office . www . hud .gov cspanol . hud . gov rage IS A TRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK Ofc, of Asst. Secy. , Comm . Planning, Develop , , HUD § 582 . 340 the project is initiated that future rent increases a displacement is or would be covered under will be modest. this section . ( iv) A tenant of a dwelling who is re- quired ( g ) Definition of initiation of negotiations . For to relocate temporarily, but does not return to purposes of determining the formula for the building/com - plex, if either : computing the replacement housing assistance (A) A tenant is not offered payment for all to be provided to a residential tenant displaced reasonable out- of- pocket expenses incurred in as a direct result of privately undertaken connection with the temporary relocation , or rehabilitation, demolition , or acquisition of the ( B) Other conditions of the temporary real property, the term ' ' initiation of relocation are not reasonable . negotiationsZL means the execution of the (v) A tenant of a dwelling who moves from agreement between the recipient and HUD, or the building/complex permanently after he or selection of the project site, if later, she has been required to move to another unit in the same building/complex, if either : § 582. 340 Other Federal requirements. (A) The tenant is not offered In addition to the Federal requirements set forth reimbursement for all reasonable out- of- pocket in 24 CFR part 5, the following requirements expenses incurred in connection with the move; apply to this program : or (a ) ( B ) Other conditions of the move are not OMB Circulars , 1 ( 1 ) The policies, guidelines, and reasonable . requirements of OMB Circular No . AL87 ( Cost ( 2 ) Notwithstanding the provisions of Principles Applicable to Grants, Contracts and paragraph (f) ( 1 ) of this section, a person does Other Agreements with State and Local not qualify as a ' ' displaced person« (and is Governments) and 24 CFR part 85 apply to the not eligible for relocation assistance under the acceptance and use of assistance under the URA or this section ) , if: program by governmental entities, and OMB ( i ) The person has been evicted for Circular Nos . AC110 ( Grants and Cooperative se- rious or repeated violation of the terms and Agreements with Institutions of Higher conditions of the lease or occupancy agreement, Education, Hospitals, and Other Nonprofit violation of applicable Federal , State, or local or Organizations) and 24 CFR part 84 and AL122 tribal law, or other good cause, and HUD ( Cost Principles Applicable to Grants, Contracts determines that the eviction was not undertaken and Other Agreements with Nonprofit for the purpose of evading the obligation to Institutions) apply to the acceptance and use of provide relocation assistance; assistance by private nonprofit organizations, (ii ) The person moved into the prop-erty except where inconsistent with provisions of the after the submission of the application and , McKinney Act, other Federal statutes, or this before signing a lease and commencing part occupancy, was provided written notice of the ( 2 ) project, its possible impact on the person ( e . g . , The financial management sys- tems used by the person may be displaced, temporarily recipients under this program must provide for relocated , or suffer a rent increase ) and the fact audits in accordance with the provisions of 24 that the person would not qualify as a CFR part 44 . Private nonprofit organizations displaced person �L ( or for any assistance who are subrecipients are subject to the audit provided under this section ), if the project is requirements of 24 CFR part 45 . HUD may approved ; perform or require additional audits as it finds ( iii ) The person is ineligible under 49 CFR necessary or appropriate . 24 . 2 (8 ) ( 2 ); or ( b ) ( iv ) HUD determines that the person was Conflict of interest. ( 1 ) In addition to the conflict not displaced as a direct result of acquisition, of interest requirements rehabilitation , Or demolition for the project. 1 Copes of OMB Circulars may be obtained from E .O . P. Publications, ( 3 ) The recipient may request, at any time, room 2200, New Executive Office Building, Washington, DC 205030 HUDLs determination of whether telephone ( 202) 395- 7332 . (This is not a toll- free number. ) There is a limit of two free copies. www . hud • gov espanol . hud . gov Pngc 16 ATRIJE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK § 582. 400 24 CFR Ch . V ( 4Z1Z09 Edition ) in 24 CFR part 85, no person who is an such person to receive generally the same employee, agent, consultant, officer, or elected interests or benefits as are being made available or appointed official of the recipient and who or provided to the group or class ; exercises or has exercised any functions or ( iii ) Whether the affected person has withdrawn responsibilities with respect to assisted from his or her functions or responsibilities, or activities, or who is in a position to participate in the decisionmaking process with respect to the a decisionmaking process or gain inside specific assisted activity in question ; information with regard to such activities, may ( iv) obtain a personal or financial interest or benefit Whether the interest or benefit was present from the activity, or have an interest in any before the affected person was in a position as contract, subcontract, or agreement with described in paragraph ( b ) ( 1 ) of this section ; respect thereto, or the proceeds thereunder, ( v ) either for himself or herself or for those with Whether undue hardship will re-sult either to whom he or she has family or business ties, the recipient or the person affected when during his or her tenure or for one year weighed against the public interest served by thereafter. Participation by homeless individuals avoiding the prohibited conflict; and who also are participants under the program in (vi ) policy or decisionmaking under § 582 . 300 of this Any other relevant considerations , part does not constitute a conflict of interest. 2 Upon the written request of the 19 FR 13892, Mar. 15, 1993, 19 amended at 61 , Mar. 2 Feb . 9, ( ) p q 1996; 61 FR 51171 , Sept. 30, 1996; 62 FR 13539, Mar. 21 , 1997] recipient, HUD may grant an exception to the provisions of paragraph ( b) ( 1 ) of this section on a case- by-case basis when it determine that the Subpart HAdministration exception will serve to further the purposes of § 582 . 400 Grant agreement, the program and the effective and efficient administration of the recipient4s project. An ( a ) General . The grant agreement will be exception may be considered only after the between HUD and the recipient . HUD will hold recipient has provided the following : the recipient responsible for the overall ( i ) For States, units of general local administration of the program , including governments, PHAs and IHAs, a disclosure of overseeing any sub- recipients or contractors , the nature of the conflict, accompanied by an Under the grant agreement, the recipient must assurance that there has been public disclosure agree to operate the program in accordance of the conflict and a description of how the with the provisions of this part and other public disclosure was made; and applicable HUD regulations . ( ii ) For all recipients, an opinion of the ( b) Enforcement. HUD will enforce the recipient4s attorney that the interest for which obligations in the grant agreement through such the exception is sought would not violate State action as may be necessary, including or local law . recapturing assistance awarded under the ( 3 ) In determining whether to grant a program , requested exception after the recipient has satisfactorily met the requirement of paragraph § 582 . 405 Program changes . ( b ) ( 2 ) of this section , HUD will consider the ( a ) Changes . HUD must approve , in writing , any cumulative effect of the following factors, where significant changes to an approved program . applicable : Significant changes that require approval ( i ) Whether the exception would pro-vide a include, but are not limited to , a change in significant cost benefit or an essential degree of sponsor , a change in the project site for SRO or expertise to the project which would otherwise PRA with rehabilitation projects, and a change not be available; in the type of persons with disabilities to be ( ii ) Whether the person affected is a served . Depending on the nature of the change , member of a group or class of eligible persons HUD may require a new certification of and the exception will permit consistency with the CHAS ( see § 582 . 120 ) , www . hud .gov espa101 . hud . gov Page 17 ATRUE COPY CERTIFICATION ON LAST PAGE J . K . BARTON , CLERK Ofc. of Asst. Secy. , Comm . Planning, Develop ., HUD § 583 . 1 ( 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 . § 582 . 410 Obligation and deobligation of funds. (a ) Obligation of funds . When HUD and the applicant execute a grant agreement, HUD will obligate funds to cover the amount of the approved grant. The recipient will be expected to carry out the activities as proposed in the application . After the initial obligation of funds, HUD is under no obligation to make any upward revisions to the grant amount for any approved assistance . ( b) Deobligation . ( 1 ) HUD may deobligate all or a portion of the approved grant amount if such amount is not expended in a timely manner, or the proposed housing for which funding was approved or the supportive services proposed in the application are not provided in accordance with the approved application , the requirements of this part, and other applicable HUD regulations . The grant agreement may set forth other circumstances under which funds may be deobligated , and other sanctions may be imposed . ( 2 ) HUD may readvertise, in a notice of fund availability, the availability of funds that have been deobligated, or may reconsider applications that were submitted in response to the most recently published notice of fund availability and select applications for funding with the deobligated funds . Such selections would be made in accordance with the selection process described in § 582 . 220 of this part. Any selections made using deobligated funds will be subject to applicable appropriation act requirements governing the use of deobligated funding authority . (Approved by the Office of Management and Budget under control number 250&0118) www. hud . gov espanol . hud . gov Page IS STATE OF FLORIDA INDIAN RIVER COUNTY THIS ISTOCERTIFYTHATTHISISA MhANOCC;FRi ii COPYOF THE ORIGINAL ON FILE IN THIS OFFICE JEFFREY IL BAR K CLERK EXHIBIT 2 Br-�. DIL. DALE 7' / 01 • ay 1/ TENANT -BASEL) RENTAL ASSISTANCE (TRA) I . The Recipient is Indian River County Board of Commissioners . 2 . 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 $ 76 , 944 for 8 units of tenant-based rental assistance . 3 . The term of this Grant Agreement shall be one ( 1 ) year . One -year renewal grants cannot be extended and unobligated balances will be recaptured by HUD at the end of the grant period . 4 . Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate existing housing fair market rental value under Sec . B (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 . 5 . The effective date of the Agreement shall be the expiration of the prior grant that is being renewed (applicable only to renewals of grants whose terms have not been extended ) . WWW. hud. gov espanol .hud . gov Page 19