HomeMy WebLinkAbout2012-076 ° sot �r a
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U.S. Department of Housing and Urban Development
Office of Community Planning and Development
400 West Bay Street
Suite 1015
Jacksonville, FL 32202
Grant Number : FLO115134H091 104
Project Name : FL - 509 - REN - 2011 Transitional Housing Renewal
Total Award Amount : $ 70, 063 *XN&�
Component : SSO R& 1
Recipient : Indian River County Board of County Commissioners `v
Contact Person and Title : Bradley Bernauer, Director, County Human Services
Telephone Number : ( 772 ) 5674000
Fax Number : ( 772) 567 - 5991
E -mail Address : bbernauer@doh . state . fl . us
EIN/Tax ID Number : 59 - 6000674
DUNS Number : 079208989
Effective Date : June 1 , 2012
Project Location (s) :
2011 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant 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
Attachment A . attached hereto and made a part hereof.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney -Vento Homeless Assistance Act 42 U . S . C . 11381 (hereafter "the Act " ) . The term
" grant " or " grant funds " means the assistance provided under this Agreement . This grant
agreement will be governed by the Act ; the Supportive Housing rule codified at 24 CFR 583 ,
which is attached hereto and made a part hereof as Attachment B , and the Notice of Funding
Availability (NOFA ) , that was published in two parts . The first part was the Policy Requirements
and General Section of the NOFA , and the second part was the Continuum of Care Homeless
Assistance Programs section of the NOFA , which are located at http : //archives . hud . gov/funding/
2011 /fundsavail . cfm . The term "Application " means the original and renewal application
submissions , including the certifications and assurances, the Technical Submission , and any
information or documentation required to meet any grant award conditions, on the basis of which
HUD approved a grant . The Application is incorporated herein as part of this Agreement,
however, in the event of a conflict between any part of the Application and any part of the Grant
Agreement, the latter shall control . The Secretary agrees, subject to the terms of the Grant
Agreement , to provide the grant funds in the amount specified at section 2 of Attachment A for the
approved project described in the application . The Recipient agrees , subject to the terms of the
Grant Agreement, to use the grant funds for eligible activities during the term specified at section
3 of Attachment A .
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The Recipient must provide a 25 percent cash match for supportive services .
The Recipient agrees to comply with all requirements of this Grant Agreement and to
accept responsibility for such compliance by any entities to which it makes grant funds available .
The Recipient agrees to participate in a local Homeless Management Information System
(HMIS) when implemented .
The Recipient and project sponsor, if any , will not knowingly allow illegal activities in
any unit assisted with grant funds .
The Recipient agrees to draw grant funds at least quarterly .
For any project funded by this grant, which is also financed through the use of the Low
Income Housing Tax Credit, the following applies :
HUD recognizes that the Recipient or the project sponsor will or has financed this project
through the use of the Low- Income Housing Tax Credit . The Recipient or project
sponsor shall be the general partner of a limited partnership formed for that purpose . If
grant funds were used for acquisition , rehabilitation or construction , then , throughout a
period of twenty years from the date of initial occupancy or the initial service provision ,
the Recipient or project sponsor shall continue as general partner and shall ensure that the
project is operated in accordance with the requirements of this Grant Agreement, the
applicable regulations and statutes . Further, the said limited partnership shall own the
project site throughout that twenty -year period . If grant funds were not used for
acquisition , rehabilitation or new construction , then the period shall not be twenty years,
but shall be for the term of the grant agreement and any renewal thereof. Failure to
comply with the terms of this paragraph shall constitute a default under the Grant
Agreement .
A default shall consist of any use of grant funds for a purpose other than as authorized by
this Grant Agreement, failure in the Recipient' s duty to provide the supportive housing for the
minimum term in accordance with the requirements of the Attachment A provisions ,
noncompliance with the Act or Attachment B provisions, any other material breach of the Grant
Agreement , or misrepresentations in the application submissions which , if known by HUD, would
have resulted in this 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 ; or
(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 ; or
(c ) direct the Recipient to establish and maintain a management plan that assigns
responsibilities for carrying out remedial actions ; or
(d ) direct the Recipient to suspend , discontinue or not incur costs for the affected
activity ; or
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(e) reduce or recapture the grant ; or
( f) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program ; or
(g) continue the grant with a substitute Recipient of HUD' s choosing ; or
(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 .
No delay or omission by HUD in exercising any right or remedy available to it under this
Grant 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 , 2010 )(to be
codified at 2 CFR part 25 ) and Appendix A to Part 170 of the 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 Grant Agreement constitutes the entire agreement between the parties hereto , and
may be amended only in writing executed by HUD and the Recipient . More specifically , the
Recipient shall not change recipients, location , services, or population to be served nor shift more
than 10 percent of funds from one approved type of eligible activity to another without the prior
written approval of HUD . The effective date of this Grant Agreement shall be the date of
execution by HUD , except with prior written approval by HUD .
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SIGNATURES
This Grant Agreement is hereby executed as follows :
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By :
. �'"� April 11 , 2012
Signature and Date
F�f=--Gary Causey
Print name of signatory
Director
Title
RECIPIENT
1: rd 'iah Aver Oxunet
Name of Organization
By :
rN .
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..
11 lit,
Authorize Signature and Date
GotrL4 a wheeler
Print nauk of signatory
hal r rna N FR COON
NNNNNN .
Title
APPROVED AS TO FORM
AND LEGAL S10MIENO
,A S . POLAC
� U ORNEY
www .hud . gov espanol .hud . gov Page 4
ATTACHMENT A
1 . The Recipient is Indian River County Board of County Commissioners .
2 . HUD' s total fund obligation for this project is $ 70 , 063 , which shall be allocated as follows :
a . Leasing $ 0
b . Supportive services $ 70 , 063
c . Operating costs $ 0
d . HMIS $0
e . Administration $ 0
3 . Although this agreement will become effective only upon the execution hereof by both parties,
upon execution , the term of this agreement shall run from the end of the Recipient' s final operating
year under the original Grant Agreement or, if the original Grant Agreement was amended to
extend its term , the term of this agreement shall run from the end of the extension of the original
Grant Agreement term for a period of twelve ( 12 ) months . Eligible costs , as defined by the Act
and Attachment B . incurred between the end of Recipient' s final operating year under the original
Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may
be paid with funds from the first operating year of this Renewal Grant .
wwwlhud . gov espanol .hud . gov Page 5
CC
R Search Results Page 1 of 3
FL0115B4H091104
CCR Search Results
Not to be used as certifications and representations . See ORCA for official certification .
Registration Status : Active in CCR ; Registration valid until 02/ 09/ 2013 .
DUNS : 079208989
DUNS PLUS4 :
CAGE / NCAGE : 496V6
Legal Business Name : INDIAN RIVER , COUNTY OF
Doing Business As ( DBA ) : INDIAN RIVER COUNTU CLRK OF CT
Division Name :
Division Number :
Company URL :
Physical Street Address 1 : 1800 27TH ST BLDG B
Physical Street Address 2 :
Physical City : VERO BEACH
Physical State : FL
Physical Foreign Province :
Physical Zip / Postal Code : 32960 - 3328
Physical Country : USA
Mailing Name : INDIAN RIVER COUNTY
Mailing Street Address 1 : 1801 27TH STREET
Mailing Street Address 2 :
Mailing City : VERO BEACH
Mailing State : FL
Mailing Foreign Province :
Mailing Zip / Postal Code : 32960 - 3388
Mailing Country : USA
Business Start Date : 01/ 01 / 1925
Delinquent Federal Debt : No
CORPORATE INFORMATION
Type of Organization
U . S . Government Entity
Business Types / Grants
12 - U . S . Local Government
V2 - Grants
C7 - County
https : //www . bpn . gov/CCRSearch /detail . aspx ?VAR_DUN 1 = 079208989 5 /3 /2012
Cr R Search Results Page 2 of 3
DISASTER RESPONSE INFORMATION
Bonding Levels
Construction Bonding
Level , Per Contract
( dollars ) :
Construction Bonding
Level , Aggregate
( dollars ) :
Service Bonding Level,
Per Contract ( dollars ) :
Service Bonding Level,
Aggregate ( dollars ) :
Geographic Areas Served
No geographic areas specified
GOODS / SERVICES
North American Industry Classification System ( NAICS )
921120 - Legislative Bodies
Product Service Codes ( PSC )
Federal Supply Classification ( FSC )
SMALL BUSINESS TYPES
SDB , 8A and HubZone certifications come from the Small Business Administration and are not editable by
CCR vendors .
Business Types Expiration Date
North American Industry Classification System ( NAICS )
The small business size status is derived from the receipts , number of employees , assets , barrels of oil ,
and/ or megawatt hours entered by the vendor during the registration process .
NAICS Description Small Emerging Small
Code Business Business
921120 Legislative Bodies No No
CCR POINTS OF CONTACT
Government Business Primary POC Government Business Alternate POC
Name : JASON BROWN Name : KRISTIN JIRUSKA
Address Line 1 : 1801 27TH STREET Address Line 1 : 1801 27TH STREET
Address Line 2 : Address Line 2 :
City : VERO BEACH City : VERO BEACH
https : //www . bpn . gov/CCRSearch /detail . aspx '?VAR_DUNI - 079208989 5 /3 /2012
CCR Search Results Page 3 of 3
State : FL State : FL
Foreign Province : Foreign Province .
Zip / Postal Code : 32960 - 3388 Zip / Postal Code : 32960 - 3388
Country : USA Country : USA
U . S . Phone : 772 - 226 - 1214 U . S . Phone : 772 - 226 - 1307
Non- U . S. Phone : Non - U . S. Phone .
Fax : 772 - 770 - 5331 Fax : 772 - 770 - 5331
Past Performance Primary POC Past Performance Alternate POC
Name : HARRY H . HALL Name : VERA G . MORRIS
Address Line 1 : 4055 41ST AVENUE Address Line 1 : 4055 41ST AVENUE
Address Line 2 : Address Line 2 :
City : VERO BEACH City : VERO BEACH
State : FL States FL
Foreign Province : Foreign Province :
Zip / Postal Code : 32960 - 1802 Zip / Postal Code : 32960 - 1802
Country : USA Country : USA
U . S . Phone : 772 - 978 - 6409 U . S. Phone : 772 - 978 - 6269
Non- U . S. Phone : Non - U . S . Phone :
Fax : 772 - 978 - 6271 Fax * 772 - 978 - 6271
Electron c Business Primary POC Electronic Business Alternate POC
Name : JASON BROWN Name : KRISTIN JIRUSKA
Address Line 1 : 1801 27TH STREET Address Line 1 : 1801 27TH STREET
Address Line 2 : Address Line 2 :
City : VERO BEACH City : VERO BEACH
State : FL States FL
Foreign Province : Foreign Province :
Zip / Postal Code : 32960 - 3388 Zip / Postal Code : 32960 - 3388
Country : USA Country : USA
U . S . Phone : 772 - 226 - 1214 U . S . Phone : 772 - 226 - 1307
Non - U . S . Phone : Non- U . S. Phone :
Fax : 772 - 770 - 5331 Fax : 772 - 770 - 5331
https : //www . bpn . gov/CCRSearch/detail . aspx?VAR_DUN 1 =079208989 5 /3 /2012
ATTACHMENT B
Codified Supportive Housing Program Regulation
583 . 135 Administrative costs.
583 . 140 Technical assistance .
583 . 145 Matching requirements.
583 . 150 Limitations on use of assistance .
583 . 155 Consolidated plan .
Subpart C-Application and Grant Award
Process
583 . 200 Application and grant award .
583 . 230 Environmental review .
583 . 235 Renewal grants .
Subpart D- Program Requirements
583 . 300 General operation .
583 . 305 Term of commitment; repayment of
grants; prevention of undue benefits.
583 . 310 Displacement, relocation, and acquisition .
583 . 315 Resident rent.
583 . 320 Site control .
SHP is subject to the changes made b 583 . 325 Nondiscrimination and equal opportunity
Y requirements .
the Homeless Definition Rule that is at 583 . 330 Applicability of other Federal requirements ,
the end of this Rule.
Subpart E -Administration
583 . 400 Grant agreement.
583 .405 Program changes .
583 . 410 Obligation and deobligation of funds .
PART 583 - SUPPORTIVE HOUSING AUTHORITY : 42 U . S . C . 11389 and 3535(d ) .
PROGRAM SOURCE: 58 FR 13871 , Mar . 15, 1993, unless
otherwise noted .
Subpart A-General
Sec . Subpart A- General
583 . 1 Purpose and scope . § 583 . 1 Purpose and scope .
583 . 5 Definitions ,
Subpart B-Assistance Provided (a ) General . The Supportive Housing
Program is authorized by title IV of the Stewart
583 . 100 Types and uses of assistance . B . McKinney Homeless Assistance Act (the
583 . 105 Grants for acquisition and rehabilitation . McKinney Act) (42 U . S. C. 11381 - 11389 ) . The
583 . 110 Grants for new construction . Supportive Housing program is designed to
583 . 115 Grants for leasing . promote the development of supportive housing
583 . 120 Grants for supportive service costs , and supportive services, including innovative
583 . 125 Grants for operating costs.
583 . 130 Commitment of grant amounts for approaches to assist homeless persons in the
leasing, supportive services, and operating transition from homelessness, and to promote
costs,
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§ 583 . 5 24 CFR Ch . V ( 44 09 Edition )
the provision of supportive housing to homeless Homeless person means an individual or
persons to enable them to live as independently family that is described in section 103 of the
as possible . McKinney Act (42 U . S . C . 11302) .
( b ) Components . Funds under this part Metropolitan city is defined in section
may be used for : 102(a )(4) of the Housing and Community
( 1 ) Transitional housing to facilitate the Development Act of 1974 (42 U . S . C .
movement of homeless individuals and families 5302 (a ) ( 4) ) . In general , metropolitan cities are
to permanent housing ; those cities that are eligible for an entitlement
( 2 ) Permanent housing that provides grant under 24 CFR part 570, subpart D .
long -term housing for homeless persons with New construction means the building of a
disabilities ; structure where none existed or an addition to
(3 ) Housing that is , or is part of, a an existing structure that increases the floor
particularly innovative project for, or alternative area by more than 100 percent .
methods of, meeting the immediate and Operating costs is defined in section 422 ( 5 )
long -term needs of homeless persons ; or of the McKinney Act (42 U . S. C . 11382 ( 5 )) .
(4) Supportive services for homeless Outpatient health services is defined in
persons not provided in conjunction with section 422 (6) of the McKinney Act (42 U . S . C.
supportive housing . 11382( 6) ) .
Permanent housing for homeless persons
FR 51175, Sept. 30, 1996]FR 13871, Mar. 15, 1993, as amended at 61 with disabilities is defined in section 424(c)
of
FR
the McKinney Act (42 U . S . C . 11384(c) ) .
§ 583 . 5 Definitions. Private nonprofit organization is defined in
As used in this part : section 422 ( 7) (A) , ( B ), and ( D ) of the McKinney
Applicant is defined in section 422 ( 1 ) of the Act (42 U . S . C. 11382 ( 7) (A), ( B ), and ( D )) . The
McKinney Act (42 U . S . C . 11382 ( 1 ) ) . For organization must also have a functioning
purposes of this definition , governmental accounting system that is operated in
entities include those that have general accordance with generally accepted accounting
governmental powers (such as a city or county ) , principles, or designate an entity that will
as well as those that have limited or special maintain a functioning accounting system for
powers (such as public housing agencies) . the organization in accordance with generally
Consolidated plan means the plan that a accepted accounting principles .
jurisdiction prepares and submits to HUD in Project is defined in sections 422 ( 8) and
accordance with 24 CFR part 91 . 424 (d ) of the McKinney Act (42U . S . C . 11382 ( 8) ,
Date of initial occupancy means the date 11384( d ) ) w
that the supportive housing is initially occupied Recipient is defined in section 422 (9) of the
by a homeless person for whom HUD provides McKinney Act (42 U . S . C. 11382 (9) ) o
assistance under this part . If the assistance is Rehabilitation means the improvement or
for an existing homeless facility, the date of repair of an existing structure or an addition to
initial occupancy is the date that services are an existing structure that does not increase the
first provided to the residents of supportive floor area by more than 100 percent.
housing with funding under this part. Rehabilitation does not include minor or routine
Date of initial service provision means the repairs .
date that supportive services are initially State is defined in section 422( l 1 ) of the
provided with funds under this part to homeless McKinney Act (42 U . S . C . 11382( 11 )) .
persons who do not reside in supportive Supportive housing is defined in section
housing . This definition applies only to projects 424(a ) of the McKinney Act ( 42U . S. C .
funded under this part that do not provide 11384(a ) ) .
supportive housing . Supportive services is defined in section 425
Disability is defined in section 422 ( 2 ) of the of the McKinney Act ( 42 U . S. C . 11385 ) .
McKinney Act (42 U . S . C . 11382 ( 2 ) ) . Transitional housing is defined in section
424( b) of the McKinney Act (42 U . S . C.
11384( b) ) . See also § 583 . 300U ) .
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Ofc. of Asst. Secy., Comm . Planning, Develop., HUD § 583 . 110
Tribe is defined in section 102 of the (d ) Technical assistance. HUD may offer
Housing and Community Development Act of technical assistance, as described in § 583 . 140 .
1974 ( 42 U . S . C. 5302 ) . [ 58 FR 13871, Mar. 15, 1993, as amended at 59
Urban county is defined in section 102 (a ) ( 6 ) FR 36891 , July 19, 1994]
of the Housing and Community Development § 583. 105 Grants for acquisition and
Act of 1974 (42 U . S . C . 5302 (a ) ( 6) ) . In general, rehabilitation .
urban counties are those counties that are (a ) Use. HUD will grant funds to recipients
eligible for an entitlement grant under 24 CFR
part 570, subpart D . to :
( 1 ) Pay a portion of the cost of the
[61 FR 51175, Sept. 30, 19961 acquisition of real property selected by the
Subpart B-Assistance Provided recipients for use in the provision of supportive
housing or supportive services, including the
§ 583 . 100 Types and uses of assistance, repayment of any outstanding debt on a loan
( a ) Grant assistance . Assistance in the form made to purchase property that has not been
of grants is available for acquisition of used previously as supportive housing or for
structures, rehabilitation of structures, supportive services ;
acquisition and rehabilitation of structures, new ( 2) Pay a portion of the cost of
construction , leasing, operating costs for rehabilitation of structures, including
supportive housing, and supportive services, as cost-effective energy measures, selected by the
described in § § 583 . 105 through 583 . 125 , recipients to provide supportive housing or
Applicants may apply for more than one type of supportive services; or
assistance. (3 ) Pay a portion of the cost of acquisition
( b ) Uses of grant assistance . Grant and rehabilitation of structures, as described in
assistance may be used to : paragraphs (a ) ( 1 ) and ( 2) of this section .
( 1 ) Establish new supportive housing ( b) Amount. The maximum grant available
facilities or new facilities to provide supportive for acquisition , rehabilitation, or acquisition and
services; rehabilitation is the lower of:
( 2 ) Expand existing facilities in order to ( 1 ) $ 200, 000 ; or
increase the number of homeless persons ( 2 ) The total cost of the acquisition ,
served ; rehabilitation , or acquisition and rehabilitation
( 3 ) Bring existing facilities up to a level that minus the applicant's contribution toward the
meets State and local government health and costa
safety standards; (c) Increased amounts . In areas
(4) Provide additional supportive services determined by HUD to have high acquisition and
for residents of supportive housing or for rehabilitation costs, grants of more than
homeless persons not residing in supportive $ 200, 000, but not more than $400, 000, may be
housing ; available .
( 5) Purchase HUD-owned single family
properties currently leased by the applicant for § 583 . 110 Grants for new construction .
use as a homeless facility under 24 CFR part ( a ) Use . HUD will grant funds to recipients
291 ; and to pay a portion of the cost of new construction ,
( 6) Continue funding supportive housing including cost-effective energy measures and
where the recipient has received funding under the cost of land associated with that
this part for leasing, supportive services, or construction , for use in the provision of
operating costs . supportive housing . If the grant funds are used
(c) Structures used for multiple purposes . for new construction, the applicant must
Structures used to provide supportive housing demonstrate that the costs associated with new
or supportive services may also be used for construction are substantially less than the costs
other purposes, except that assistance under associated with rehabilitation or that there is a
this part will be available only in proportion to lack of available appropriate units that could be
the use of the structure for supportive housing rehabilitated at a cost less than new
or supportive services. construction . For purposes of
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q
§ 583 . 115 24 CFR Ch . V (4- 1 - 09 Edition )
this cost comparison, costs associated with ( b ) Supportive services costs . Costs
rehabilitation or new construction may include associated with providing supportive services
the cost of real property acquisition . include salaries paid to providers of supportive
( b) Amount. The maximum grant available services and any other costs directly associated
for new construction is the lower of: with providing such services . For a transitional
( 1 ) $400, 000 ; or housing project, supportive services costs also
( 2 ) The total cost of the new construction , include the costs of services provided to former
including the cost of land associated with that residents of transitional housing to assist their
construction , minus the applicant's contribution adjustment to independent living . Such services
toward the cost of same. may be provided for up to six months after they
leave the transitional housing facility .
§ 583 . 115 Grants for leasing . [ 58 FR 13871, Mar, 15, 1993, as amended at 59 FR 36891, July 19,
(a ) General . HUD will provide grants to pay 1994]
( as described in § 583 . 130 of this part) for the § 583 . 125 Grants for operating costs.
actual costs of leasing a structure or structures,
or portions thereof, used to provide supportive (a ) General . HUD will provide grants to pay
housing or supportive services for up to five a portion ( as described in § 583 . 130) of the
years . actual operating costs of supportive housing for
( b)( 1 ) Leasing structures . Where grants up to five years .
are used to pay rent for all or part of structures, ( b) Operating costs . Operating costs are
the rent paid must be reasonable in relation to those associated with the day-to-day operation
rents being charged in the area for comparable of the supportive housing . They also include the
space. In addition , the rent paid may not actual expenses that a recipient incurs for
exceed rents currently being charged by the conducting on -going assessments of the
same owner for comparable space . supportive services needed by residents and the
( 2 ) Leasing individual units . Where grants availability of such services; relocation
are used to pay rent for individual housing assistance under § 583 . 310, including payments
units, the rent paid must be reasonable in and services; and insurance,
relation to rents being charged for comparable (c) Recipient match requirement for
units, taking into account the location , size, operating costs. Assistance for operating costs
type, quality, amenities, facilities, and will be available for up to 75 percent of the total
management services . In addition , the rents cost in each year of the grant term . The
may not exceed rents currently being charged recipient must pay the percentage of the actual
by the same owner for comparable unassisted operating costs not funded by HUD . At the end
units, and the portion of rents paid with grant of each operating year, the recipient must
funds may not exceed HUD-determined fair demonstrate that it has met its match
market rents . Recipients may use grant funds in requirement of the costs for that year.
an amount up to one month 's rent to pay the
non- recipient landlord for any damages to [ 58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30,
1996; 65 FR 30823, May 12,
leased units by homeless participants . 2000]
[ 58 FR 13871, Mar, 15, 1993, as amended at 59 FR 36891, July 19,
1994]
§ 583 . 130 Commitment of grant amounts
§ 583 . 120 Grants for supportive services for leasing, supportive services, and
costse operating costs.
(a ) General . HUD will provide grants to pay
( as described in § 583 . 130 of this part) for the Upon execution of a grant agreement
actual costs of supportive services for homeless covering assistance for leasing , supportive
persons for up to five years . All or part of the services, or operating costs, HUD will obligate
supportive services may be provided directly by amounts for a period not to exceed five
the recipient or by arrangement with public or operating years . The
private service providers .
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Ofc. of Asst. Secy., Comm . Planning, Develop., HUD § 583 . 150
total amount obligated will be equal to an HUD may advertise and competitively select
amount necessary for the specified years of providers to deliver technical assistance. HUD
operation, less the recipient's share of operating may enter into contracts, grants, or cooperative
costse agreements, when necessary, to implement the
(Approved by the Office of Management and Budget under OMB technical assistance .
control number 25060112 )
[ 59 FR 36891, July 19, 1994) [59 FR 36892, July 19, 19941
§ 583 . 135 Administrative costs. § 583 . 145 Matching requirements.
(a ) General . Up to five percent of any grant (a ) General . The recipient must match the
awarded under this part may be used for the funds provided by HUD for grants for
purpose of paying costs of administering the acquisition , rehabilitation, and new construction
assistance . with an equal amount of funds from other
( b) Administrative costs . Administrative sources .
costs include the costs associated with ( b ) Cash resources . The matching funds
accounting for the use of grant funds, preparing must be cash resources provided to the project
reports for submission to HUD, obtaining by one or more of the following : the recipient,
program audits, similar costs related to the Federal government, State and local
administering the grant after the award, and governments, and private resources, in
staff salaries associated with these accordance with 42 U . S . C . 11386 . This statute
administrative costs . They do not include the provides that a recipient may use funds from
costs of carrying out eligible activities under § § any source, including any other Federal source
583 . 105 through 583 . 125 . ( but excluding the specific statutory subtitle
[58 FR 1996) 13871, Mar. 1993, as amended at 61 FR 51175, Sept. 30, from which Supportive Housing Program funds
are provided), as well as State, local , and
§ 583 . 140 Technical assistance. private sources, provided that funds from the
(a ) General . HUD may set aside funds other source are not statutorily prohibited to be
annually to provide technical assistance, either used as a match . It is the responsibility of the
directly by HUD staff or indirectly through recipient to ensure that any funds used to
third- party providers, for any supportive housing satisfy the matching requirements of this
project. This technical assistance is for the section are eligible under the laws governing
purpose of promoting the development of the funds to be used as matching funds for a
supportive housing and supportive services as grant awarded under this program .
part of a continuum of care approach, including (c) Maintenance of effort. State or local
innovative approaches to assist homeless government funds used in the matching
persons in the transition from homelessness, contribution are subject to the maintenance of
and promoting the provision of supportive effort requirements described at § 583 . 150 (a ) .
housing to homeless persons to enable them to [58 FR 13871, Mar, 15, 1993, as amended at 73
live as independently as possible . FR 75326, Dec. 11 , 2008]
( b ) Uses of technical assistance . HUD may § 583 . 150 Limitations on use of
use these funds to provide technical assistance assistance.
to prospective applicants, applicants, recipients, (a ) Maintenance of effort. No assistance
or other providers of supportive housing or provided under this part ( or any State or local
services for homeless persons, for supportive
housing projects. The assistance may include, government funds used to supplement this
assistance) may be used to replace State or
but is not limited to, written information such as
papers, monographs, manuals, guides, and local funds previously used, or designated for
brochures ; person-to- person exchanges; and use, to assist homeless persons .
training and related costs . ( b) Faith- based activities. ( 1 ) Organizations
that are religious or faith - based are eligible, on
( c) Selection of providers . From time to the same basis as any other organization , to
time, as HUD determines the need,
participate in
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§ 583 . 155 24 CFR Ch . V (4= 1 - 09 Edition )
the Supportive Housing Program . Neither the used for inherently religious activities . Program
Federal government nor a State or local funds may be used for the acquisition ,
government receiving funds under Supportive construction, or rehabilitation of structures only
Housing programs shall discriminate against an to the extent that those structures are used for
organization on the basis of the organization 's conducting eligible activities under this part.
religious character or affiliation . Where a structure is used for both eligible and
( 2) Organizations that are directly funded inherently religious activities, program funds
under the Supportive Housing Program may not may not exceed the cost of those portions of
engage in inherently religious activities, such as the acquisition , construction , or rehabilitation
worship, religious instruction , or proselytization that are attributable to eligible activities in
as part of the programs or services funded accordance with the cost accounting
under this part. If an organization conducts requirements applicable to Supportive Housing
such activities, the activities must be offered Program funds in this part. Sanctuaries, chapels,
separately, in time or location , from the or other rooms that a Supportive Housing
programs or services funded under this part, Program -funded religious congregation uses as
and participation must be voluntary for the its principal place of worship, however, are
beneficiaries of the HUD-funded programs or ineligible for Supportive Housing
services . Program- funded improvements . Disposition of
(3 ) A religious organization that real property after the term of the grant, or any
participates in the Supportive Housing Program change in use of the property during the term of
will retain its independence from Federal, State, the grant, is subject to government-wide
and local governments, and may continue to regulations governing real property disposition
carry out its mission , including the definition, ( see 24 CFR parts 84 and 85 ) .
practice, and expression of its religious beliefs, ( 6) If a State or local government voluntarily
provided that it does not use direct Supportive contributes its own funds to supplement
Housing Program funds to support any federally funded activities, the State or local
inherently religious activities, such as worship, government has the option to segregate the
religious instruction, or proselytization . Among Federal funds or commingle them . However, if
other things, faith - based organizations may use the funds are commingled , this section applies
space in their facilities to provide Supportive to all of the commingled funds .
Housing Program-funded services, without (c) Participant control of site. Where an
removing religious art, icons, scriptures, or applicant does not propose to have control of a
other religious symbols . In addition, a site or sites but rather proposes to assist a
Supportive Housing Program-funded religious homeless family or individual in obtaining a
organization retains its authority over its internal lease, which may include assistance with rent
governance, and it may retain religious terms in payments and receiving supportive services,
its organization 's name, select its board after which time the family or individual remains
members on a religious basis, and include in the same housing without further assistance
religious references in its organization ' s mission under this part, that applicant may not request
statements and other governing documents . assistance for acquisition, rehabilitation, or new
(4) An organization that participates in the construction .
Supportive Housing Program shall not, In ( 58 FR 13871, Mar, 15, 1993, as amended at 59 FR 36892, July 19,
providing program assistance, discriminate 1993; 68 FR 56407, sept. 30, 2003)
against a program beneficiary or prospective § 583 . 155 Consolidated plan .
program beneficiary on the basis of religion or
religious belief. (a ) Applicants that are States or units of
( 5 ) Program funds may not be used for the general local government. The applicant must
acquisition , construction , or rehabilitation of have a HUD-approved complete or abbreviated
structures to the extent that those structures consolidated plan, in accordance with 24 CFR
are part 91 , and
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Ofc. of Asst. Secy., Comm . Planning, Develop., HUD § 583 . 230
must submit a certification that the application section 426 of the McKinney Act (42 U . S . C .
for funding is consistent with the HUD-approved 11386) and the guidelines, rating criteria , and
consolidated plan . Funded applicants must procedures published in the NOFA.
certify in a grant agreement that they are
following the HUD-approved consolidated plan . [61 FR s > > �6, Sept. 30, 1996]
( b ) Applicants that are not States or units § 583 . 230 Environmental review,
of general local government. The applicant must
submit a certification by the jurisdiction in which (a) Activities under this part are subject to HUD
the proposed project will be located that the environmental regulations in part 58 of this title,
applicant's application for funding is consistent except that HUD will perform an environmental
with the jurisdiction 's HUD-approved review in accordance with part 50 of this title
consolidated plan . The certification must be prior to its approval of any conditionally selected
made by the unit of general local government or applications for Fiscal Year 2000 and prior years
the State, in accordance with the consistency that were received directly from private
certification provisions of the consolidated plan nonprofit entities and governmental entities with
regulations, 24 CFR part 91 , subpart F . special or limited purpose powers. For activities
(c) Indian tribes and the Insular Areas of under a grant that generally would be subject to
Guam , the U . S . Virgin Islands, American Samoa , review under part 58, HUD may make a finding
and the Northern Mariana Islands . These in accordance with § 58 . 11 (d ) and may itself
entities are not required to have a consolidated perform the environmental review under the
plan or to make consolidated plan certifications . provisions of part 50 of this title if the recipient
An application by an Indian tribe or other objects in writing to the responsible entity's
applicant for a project that will be located on a performing the review under part 58 .
reservation of an Indian tribe will not require a Irrespective of whether the responsible entity in
certification by the tribe or the State . However, accord with part 58 ( or HUD in accord with part
where an Indian tribe is the applicant for a 50 ) performs the environmental review, the
project that will not be located on a reservation , recipient shall supply all available , relevant
the requirement for a certification under information necessary for the responsible entity
paragraph ( b) of this section will apply . (or HUD, if applicable) to perform for each
(d ) Timing of consolidated plan certification property any environmental review required by
submissions . Unless otherwise set forth in the this part. The recipient also shall carry out
NOFA, the required certification that the mitigating measures required by the responsible
application for funding is consistent with the entity (or HUD, if applicable) or select alternate
HUD-approved consolidated plan must be eligible property . HUD may eliminate from
submitted by the funding application submission consideration any application that would require
deadline announced in the NOFA. an Environmental Impact Statement ( EIS) .
( b ) The recipient, its project partners and
[60 FR 16380, Mar. 30, 1995] their contractors may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish or
construct property for a project under this part,
Subpart C-Application and Grant or commit or expend HUD or local funds for
Award Process such eligible activities under this part, until the
§ 583 . 200 Application and grant award . responsible entity ( as defined in § 58 . 2 of this
title) has completed the environmental review
When funds are made available for assistance, procedures required by part 58 and the
HUD will publish a notice of funding availability environmental certification and RROF have been
( NOFA) in the FEDERAL REGISTER, in approved or HUD has performed an
accordance with the requirements of 24 CFR environmental review under part 50 and the
part 4 . HUD will review and screen applications recipient has received HUD approval of the
in accordance with the requirements in property . HUD will not
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§ 583 . 235 24 CFR Ch . V ( 4= 1 - 09 Edition )
release grant funds if the recipient or any other unacceptably slow expenditure of funds, or the
party commits grant funds ( i . e . , incurs any costs recipient has been unsuccessful in assisting
or expenditures to be paid or reimbursed with participants in achieving and maintaining
such funds) before the recipient submits and independent living . In determining the
HUD approves its RROF ( where such submission recipient's success in assisting participants to
is required ) . achieve and maintain independent living,
[68 FR 56131, Sept. 29, 2003) consideration will be given to the level and type
of problems of participants . For recipients with a
§ 583. 235 Renewal grants. poor record of success, HUD will also consider
( a ) General . Grants made under this part, the recipient's willingness to accept technical
and grants made under subtitles C and D (the assistance and to make changes suggested by
Supportive Housing Demonstration and SAFAH technical assistance providers . Other factors
respectively) of the Stewart B. McKinney which will affect HUD's decision to approve a
Homeless Assistance Act as in effect before renewal request include the following : a
October 28, 1992, may be renewed on a continuing history of inadequate financial
noncompetitive basis to continue ongoing management accounting practices, indications
leasing, operations, and supportive services for of mismanagement on the part of the recipient,
additional years beyond the initial funding a drastic reduction in the population served by
period . To be considered for renewal funding for the recipient, program changes made by the
leasing, operating costs, or supportive services, recipient without prior HUD approval , and loss
recipients must submit a request for such of project site .
funding in the form specified by HUD, must ( 2 ) HUD reserves the right to reject a
meet the requirements of this part, and must request from any organization with an
submit requests within the time period outstanding obligation to HUD that is in arrears
established by HUD . or for which a payment schedule has not been
( b ) Assistance available . The first renewal agreed to, or whose response to an audit
will be for a period of time not to exceed the finding is overdue or unsatisfactory .
difference between the end of the initial funding (3 ) HUD will notify the recipient in writing
period and ten years from the date of initial that the request has been approved or
occupancy or the date of initial service disapproved .
provision , as applicable. Any subsequent (Approved by the Office of Management and Budget under control
renewal will be for a period of time not to number 2506-0112)
exceed five years . Assistance during each year Subpart D- Program Requirements
of the renewal period , subject to maintenance
of effort requirements under § 583 . 150( a ) may § 583 . 300 General operation .
be for : (a ) State and local requirements . Each
( 1 ) Up to 50 percent of the actual recipient of assistance under this part must
operating and leasing costs in the final year of provide housing or services that are in
the initial funding period ; compliance with all applicable State and local
( 2 ) Up to the amount of HUD assistance for housing codes, licensing requirements, and any
supportive services in the final year of the initial other requirements in the jurisdiction in which
funding period ; and the project is located regarding the condition of
( 3 ) An allowance for cost increases . the structure and the operation of the housing
( c) HUD review . ( 1 ) HUD will review the
or services .
request for renewal and will evaluate the
( b ) Habitability standards . Except for such
recipient's performance in previous years
avariations as are proposed by the recipient and
against the plans and goals established in the
approved by HUD, supportive housing must
initial application for assistance, as amended .
HUD will approve the request for renewal unless meet the following requirements :
the recipient proposes to serve a population ( 1 ) Structure and materials . The structures
must be structurally sound so as not to pose
that is not homeless, or the recipient has not
any threat to the health
shown adequate progress as evidenced by an
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Ofc. of Asst. Secy., Comm . Planning, Develop., HUD § 583 . 300
and safety of the occupants and so as to protect for hearing- impaired persons in each bedroom
the residents from the elements . occupied by a hearing- impaired person .
( 2 ) Access . The housing must be accessible ( ii ) The public areas of all housing must be
and capable of being utilized without equipped with a sufficient number, but not less
unauthorized use of other private properties. than one for each area, of battery-operated or
Structures must provide alternate means of hard -wired smoke detectors . Public areas
egress in case of fire. include, but are not limited to, laundry rooms,
( 3 ) Space and security . Each resident must community rooms, day care centers, hallways,
be afforded adequate space and security for stairwells, and other common areas .
themselves and their belongings . Each resident (c) Meals . Each recipient of assistance
must be provided an acceptable place to sleep . under this part who provides supportive housing
(4) Interior air quality . Every room or space for homeless persons with disabilities must
must be provided with natural or mechanical provide meals or meal preparation facilities for
ventilation . Structures must be free of pollutants residents .
in the air at levels that threaten the health of (d ) Ongoing assessment of supportive
residents . services. Each recipient of assistance under this
( 5 ) Water supply . The water supply must part must conduct an ongoing assessment of
be free from contamination . the supportive services required by the
( 6) Sanitary facilities. Residents must have residents of the project and the availability of
access to sufficient sanitary facilities that are in such services, and make adjustments as
proper operating condition, may be used in appropriate .
privacy, and are adequate for personal (e) Residential supervision . Each recipient
cleanliness and the disposal of human waste . of assistance under this part must provide
(7) Thermal environment. The housing residential supervision as necessary to facilitate
must have adequate heating and/or cooling the adequate provision of supportive services to
facilities in proper operating condition . the residents of the housing throughout the
(8 ) Illumination and electricity . The term of the commitment to operate supportive
housing must have adequate natural or artificial housing . Residential supervision may include the
illumination to permit normal indoor activities employment of a full - or part-time residential
and to support the health and safety of supervisor with sufficient knowledge to provide
residents . Sufficient electrical sources must be or to supervise the provision of supportive
provided to permit use of essential electrical services to the residents .
appliances while assuring safety from fire. (f) Participation of homeless persons . ( 1 )
(9) Food preparation and refuse disposal . Each recipient must provide for the participation
All food preparation areas must contain suitable of homeless persons as required in section
space and equipment to store, prepare, and 426(g ) of the McKinney Act (42 U . S . C .
serve food in a sanitary manner. 11386( g ) ) . This requirement is waived if an
( 10 ) Sanitary condition . The housing and applicant is unable to meet it and presents a
any equipment must be maintained in sanitary plan for HUD approval to otherwise consult with
condition . homeless or formerly homeless persons in
( 11 ) Fire safety . ( i ) Each unit must include considering and making policies and decisions .
at least one battery-operated or hard -wired See also § 583 . 330 (e) .
smoke detector, in proper working condition , on ( 2) Each recipient of assistance under this
each occupied level of the unit. Smoke detectors part must, to the maximum extent practicable,
must be located , to the extent practicable, in a involve homeless individuals and families,
hallway adjacent to a bedroom . If the unit is through employment, volunteer services, or
occupied by hearing- impaired persons, smoke otherwise, in constructing, rehabilitating ,
detectors must have an alarm system designed maintaining , and operating the project and
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§ 583 . 305 24 CFR Ch . V ( 44 - 09 Edition )
in providing supportive services for the project. individuals or families remain in that project
(g ) Records and reports . Each recipient of longer than 24 months .
assistance under this part must keep any ( k) Outpatient health services . Outpatient
records and make any reports ( including those health services provided by the recipient must
pertaining to race, ethnicity, gender, and be approved as appropriate by HUD and the
disability status data) that HUD may require Department of Health and Human Services
within the timeframe required . ( HHS) . Upon receipt of an application that
( h ) Confidentiality . Each recipient that proposes the provision of outpatient health
provides family violence prevention or treatment services, HUD will consult with HHS with respect
services must develop and implement to the appropriateness of the proposed services .
procedures to ensure : ( 1 ) Annual assurances . Recipients who
( 1 ) The confidentiality of records pertaining receive assistance only for leasing, operating
to any individual services; and costs or supportive services costs must provide
( 2 ) That the address or location of any an annual assurance for each year such
project assisted will not be made public, except assistance is received that the project will be
with written authorization of the person or operated for the purpose specified in the
persons responsible for the operation of the application .
project.
( i ) Termination of housing assistance. The (Approved by the Office of Management and Budget under control
recipient may terminate assistance to a number[ 58 FR 133871871,, M12)
Mar. 15, 1993, as amended at 59 FR 36892, July 19,
participant who violates program requirements . 1994; 61 FR 51176, Sept, 30, 1996]
Recipients should terminate assistance only in
the most severe cases . Recipients may resume § 583 . 305 Term of commitment;
assistance to a participant whose assistance was repayment of grants, prevention of undue
previously terminated . In terminating assistance benefits.
to a participant, the recipient must provide a (a ) Term of commitment and conversion .
formal process that recognizes the rights of Recipients must agree to operate the housing or
individuals receiving assistance to due process provide supportive services in accordance with
of law. This process, at a minimum, must this part and with sections 423 ( b ) ( 1 ) and ( b) ( 3 )
consist of: of the McKinney Act (42 U . S . C . 11383 ( b) ( 1 ) ,
( 1 ) Written notice to the participant 11383 ( b) (3 ) ) o
containing a clear statement of the reasons for ( b) Repayment of grant and prevention of
termination ; undue benefits . In accordance with section
( 2) A review of the decision, in which the 423 (c) of the McKinney Act (42 U . S . C.
participant is given the opportunity to present 11383 (c) ) , HUD will require recipients to repay
written or oral objections before a person other the grant unless HUD has authorized
than the person (or a subordinate of that conversion of the project under section
person) who made or approved the termination 423 ( b ) (3 ) of the McKinney Act (42 U . S . C.
decision ; and 11383( b)( 3 ) ) .
( 3) Prompt written notice of the final [61 FR 51176, Sept. 30, 1996]
decision to the participant .
(j ) Limitation of stay in transitional § 583 . 310 Displacement, relocation, and
housing . A homeless individual or family may acquisition .
remain in transitional housing for a period (a ) Minimizing displacement. Consistent
longer than 24 months, if permanent housing with the other goals and objectives of this part,
for the individual or family has not been located recipients must assure that they have taken all
or if the individual or family requires additional reasonable steps to minimize the displacement
time to prepare for independent living . of persons ( families, individuals, businesses,
However, HUD may discontinue assistance for a nonprofit organizations, and farms) as a result
transitional housing project if more than half of of supportive housing assisted under this part ,
the homeless
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Oft. of Asst. Secy., Comm . Planning, Develop., HUD § 583 . 310
( b) Relocation assistance for displaced part. The term "displaced person " includes,
persons . A displaced person (defined in but may not be limited to :
paragraph (f) of this section ) must be provided ( i ) A person that moves permanently from
relocation assistance at the levels described in, the real property after the property owner ( or
and in accordance with , the requirements of the person in control of the site) issues a vacate
Uniform Relocation Assistance and Real Property notice, or refuses to renew an expiring lease in
Acquisition Policies Act of 1970 ( URA) (42 U . S. C. order to evade the responsibility to provide
4601 -4655 ) and implementing regulations at 49 relocation assistance, if the move occurs on or
CFR part 24 . after the date the recipient submits to HUD the
(c) Real property acquisition requirements . application or application amendment
The acquisition of real property for supportive designating the project site.
housing is subject to the URA and the ( ii ) Any person , including a person who
requirements described in 49 CFR part 24, moves before the date described in paragraph
subpart B . (f) ( 1 ) ( i) of this section, if the recipient or HUD
(d ) Responsibility of recipient . ( 1 ) The determines that the displacement resulted
recipient must certify ( i . e. , provide assurance of directly from acquisition , rehabilitation, or
compliance) that it will comply with the URA, demolition for the assisted project.
the regulations at 49 CFR part 24, and the ( iii ) A tenant- occupant of a dwelling unit
requirements of this section , and must ensure who moves permanently from the
such compliance notwithstanding any third building/complex on or after the date of the
party 's contractual obligation to the recipient to " initiation of negotiations " (see paragraph ( g ) of
comply with these provisions . this section ) if the move occurs before the
( 2 ) The cost of required relocation tenant has been provided written notice offering
assistance is an eligible project cost in the same him or her the opportunity to lease and occupy
manner and to the same extent as other project a suitable, decent, safe and sanitary dwelling in
costs . Such costs also may be paid for with local the same building/ complex, under reasonable
public funds or funds available from other terms and conditions, upon completion of the
sources . project. Such reasonable terms and conditions
( 3 ) The recipient must maintain records in must include a monthly rent and estimated
sufficient detail to demonstrate compliance with average monthly utility costs that do not exceed
provisions of this section . the greater of:
(e) Appeals. A person who disagrees with (A) The tenant's monthly rent before the
the recipient's determination concerning initiation of negotiations and estimated average
whether the person qualifies as a "displaced utility costs, or
person, " or the amount of relocation assistance ( B) 30 percent of gross household income. If
for which the person is eligible, may file a the initial rent is at or near the maximum, there
written appeal of that determination with the must be a reasonable basis for concluding at
recipient. A low- income person who is the time the project is initiated that future rent
dissatisfied with the recipient's determination on increases will be modest.
his or her appeal may submit a written request ( iv) A tenant of a dwelling who is required to
for review of that determination to the HUD relocate temporarily, but does not return to the
field office. building/complex, if either :
(f) Definition of displaced person . ( 1 ) For (A ) A tenant is not offered payment for all
purposes of this section , the term "displaced reasonable out-of- pocket expenses incurred in
person " means a person (family, individual , connection with the temporary relocation , or
business, nonprofit organization , or farm) that ( B) Other conditions of the temporary
moves from real property, or moves personal relocation are not reasonable.
property from real property permanently as a
direct result of acquisition , rehabilitation , or
demolition for supportive housing projects
assisted under this
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§ 583 . 315 24 CFR Ch . V ( 4- 1 - 09 Edition )
(v ) A tenant of a dwelling who moves from of the agreement between the recipient and
the building/complex permanently after he or HUDs
she has been required to move to another unit ( h ) Definition of project. For purposes of
in the same building/complex, if either : this section, the term " project" means an
(A) The tenant is not offered undertaking paid for in whole or in part with
reimbursement for all reasonable out-of pocket assistance under this part. Two or more
expenses incurred in connection with the move; activities that are integrally related, each
or essential to the others, are considered a single
( B) Other conditions of the move are not project, whether or not all component activities
reasonable . receive assistance under this part.
( 2) Notwithstanding the provisions of [ 58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,
paragraph (f) ( 1 ) of this section , a person does 1994]
not qualify as a "displaced person " (and is not
eligible for relocation assistance under the URA § 583 . 315 Resident rent,
or this section ), if: (a ) Calculation of resident rent . Each
( i) The person has been evicted for serious resident of supportive housing may be required
or repeated violation of the terms and to pay as rent an amount determined by the
conditions of the lease or occupancy agreement, recipient which may not exceed the highest of:
violation of applicable Federal, State, or local or ( 1 ) 30 percent of the family's monthly
tribal law, or other good cause, and HUD adjusted income (adjustment factors include the
determines that the eviction was not undertaken number of people in the family, age of family
for the purpose of evading the obligation to members, medical expenses and child care
provide relocation assistance; expenses) . The calculation of the family' s
(ii ) The person moved into the property monthly adjusted income must include the
after the submission of the application and, expense deductions provided in 24 CFR
before signing a lease and commencing 5 . 611 (a ), and for persons with disabilities, the
occupancy, was provided written notice of the calculation of the family 's monthly adjusted
project, its possible impact on the person (e. g . , income also must include the disallowance of
the person may be displaced, temporarily earned income as provided in 24 CFR 5 . 617, if
relocated, or suffer a rent increase) and the fact applicable;
that the person would not qualify as a ( 2) 10 percent of the family's monthly
"displaced person " (or for any assistance gross income ; or
provided under this section ), if the project is (3 ) If the family is receiving payments for
approved ; welfare assistance from a public agency and a
( iii ) The person is ineligible under 49 CFR part of the payments, adjusted in accordance
24 . 2 ( g ) ( 2 ); or with the family's actual housing costs, is
( iv) HUD determines that the person was specifically designated by the agency to meet
not displaced as a direct result of acquisition , the family's housing costs, the portion of the
rehabilitation , or demolition for the project. payment that is designated for housing costs .
( 3 ) The recipient may request, at any time, ( b) Use of rent. Resident rent may be used
HUD's determination of whether a displacement in the operation of the project or may be
is or would be covered under this section , reserved, in whole or in part, to assist residents
(g ) Definition of initiation of negotiations . of transitional housing in moving to permanent
For purposes of determining the formula for housing ,
computing the replacement housing assistance (c) Fees. In addition to resident rent,
to be provided to a residential tenant displaced recipients may charge residents reasonable fees
as a direct result of privately undertaken for services not paid with grant funds .
rehabilitation , demolition, or acquisition of the [ 58 FR 13871 , Mar, 15, 1993, as amended at 59
real property, the term " initiation of FR 36892, July 19, 1994; 66 FR 6225, Jan . 19,
negotiations" means the execution 2001]
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Ofc, of Asst. Secy ., Comm . Planning, Develop., HUD § 583 . 325
§ 583 . 320 Site control . of disabled homeless persons, recipients serving
(a ) Site control . ( 1 ) Where grant funds will a designated population of disabled homeless
be used for acquisition , rehabilitation, or new persons are required, within the designated
construction to provide supportive housing or population, to comply with these requirements
supportive services, or where grant funds will be for nondiscrimination on the basis of race, color,
used for operating costs of supportive housing , religion, sex, national origin , age, familial status,
or where grant funds will be used to provide and disability ,
supportive services except where an applicant ( b ) Nondiscrimination and equal
will provide services at sites not operated by opportunity requirements . The
the applicant, an applicant must demonstrate nondiscrimination and equal opportunity
site control before HUD will execute a grant requirements set forth at part 5 of this title
agreement ( e. g . , through a deed, lease, apply to this program . The Indian Civil Rights
executed contract of sale) . If such site control is Act ( 25 U . S . C. 1301 et seq . ) applies to tribes
not demonstrated within one year after initial when they exercise their powers of
notification of the award of assistance under self-government, and to Indian housing
this part, the grant will be deobligated as authorities ( IHAs) when established by the
provided in paragraph ( c) of this section . exercise of such powers . When an IHA is
( 2 ) Where grant funds will be used to lease established under State law, the applicability of
all or part of a structure to provide supportive the Indian Civil Rights Act will be determined on
housing or supportive services, or where grant a case- by-case basis . Projects subject to the
funds will be used to lease individual housing Indian Civil Rights Act must be developed and
units for homeless persons who will eventually operated in compliance with its provisions and
control the units, site control need not be all implementing HUD requirements, instead of
demonstrated . title VI and the Fair Housing Act and their
( b) Site change . ( 1 ) A recipient may obtain implementing regulations .
ownership or control of a suitable site different (c) Procedures . ( 1 ) If the procedures that
from the one specified in its application . the recipient intends to use to make known the
Retention of an assistance award is subject to availability of the supportive housing are
the new site 's meeting all requirements under unlikely to reach persons of any particular race,
this part for suitable sites . color, religion, sex, age, national origin , familial
( 2 ) If the acquisition , rehabilitation , status, or handicap who may qualify for
acquisition and rehabilitation , or new admission to the housing, the recipient must
construction costs for the substitute site are establish additional procedures that will ensure
greater than the amount of the grant awarded that such persons can obtain information
for the site specified in the application , the concerning availability of the housing .
recipient must provide for all additional costs . If ( 2 ) The recipient must adopt procedures to
the recipient is unable to demonstrate to HUD make available information on the existence and
that it is able to provide for the difference in locations of facilities and services that are
costs, HUD may deobligate the award of accessible to persons with a handicap and
assistance. maintain evidence of implementation of the
(c) Failure to obtain site control within one procedures.
year. HUD will recapture or deobligate any (d ) Accessibility requirements . The
award for assistance under this part if the recipient must comply with the new construction
recipient is not in control of a suitable site accessibility requirements of the Fair Housing
before the expiration of one year after initial Act and section 504 of the Rehabilitation Act of
notification of an award . 1973 , and the reasonable accommodation and
rehabilitation accessibility requirements of
§ 583 . 325 Nondiscrimination and equal section 504 as follows :
opportunity requirements. ( 1 ) All new construction must meet the
(a ) General . Notwithstanding the permissibility accessibility requirements of 24
of proposals that serve designated populations
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§ 583 . 330 24 CFR Ch. V (44 = 09 Edition )
CFR 8 . 22 and , as applicable, 24 CFR 100 . 205m entities, and OMB circular Nos . A- 110 (Grants
( 2 ) Projects in which costs of rehabilitation and Cooperative Agreements with Institutions of
are 75 percent or more of the replacement cost Higher Education , Hospitals, and Other
of the building must meet the requirements of Nonprofit Organizations) and A- 122 (Cost
24 CFR 8 . 23 (a ) . Other rehabilitation must meet Principles Applicable to Grants, Contracts and
the requirements of 24 CFR 8 . 23 ( b) . Other Agreements with Nonprofit Institutions)
[ 58 FR 13871, Mar. 15, 1993, as amended at 59 apply to the acceptance and use of assistance
FR 33894, June 30, 1994; 61 FR 5210, Feb . 9, 1996; 61 FR 51176, by private nonprofit organizations, except where
Sept. 30, 1996] inconsistent with the provisions of the McKinney
Act, other Federal statutes, or this part. ( Copies
§ 583 . 330 Applicability of other Federal of OMB Circulars may be obtained from E. O . P .
requirements. Publications, room 2200, New Executive Office
Building , Washington, DC 20503, telephone
In addition to the requirements set forth in ( 202 ) 395 - 7332 . (This is not a toll -free number. )
24 CFR part 5 , use of assistance provided under There is a limit of two free copies .
this part must comply with the following Federal (d ) Lead- based paint . The Lead - Based
requirements : Paint Poisoning Prevention Act (42 U . S . C.
(a ) Flood insurance. ( 1 ) The Flood Disaster 4821 -4846) , the Residential Lead- Based Paint
Protection Act of 1973 (42 U . S . C . 4001 -4128 ) Hazard Reduction Act of 1992 (42 U . S . C .
prohibits the approval of applications for 4851 -4856) , and implementing regulations at
assistance for acquisition or construction part 35, subparts A, B, J , K, and R of this title
( including rehabilitation ) for supportive housing apply to activities under this program .
located in an area identified by the Federal (e) Conflicts of interest. ( 1 ) In addition to
Emergency Management Agency ( FEMA) as the conflict of interest requirements in 24 CFR
having special flood hazards, unless : part 85, no person who is an employee, agent,
( i ) The community in which the area is consultant, officer, or elected or appointed
situated is participating in the National Flood official of the recipient and who exercises or has
Insurance Program (see 44 CFR parts 59 exercised any functions or responsibilities with
through 79) , or less than a year has passed respect to assisted activities, or who is in a
since FEMA notification regarding such hazards; position to participate in a decisionmaking
and process or gain inside information with regard
( ii ) Flood insurance is obtained as a to such activities, may obtain a personal or
condition of approval of the application , financial interest or benefit from the activity, or
( 2) Applicants with supportive housing have an interest in any contract, subcontract, or
located in an area identified by FEMA as having agreement with respect thereto, or the proceeds
special flood hazards and receiving assistance there under, either for himself or herself or for
for acquisition or construction ( including those with whom he or she has family or
rehabilitation ) are responsible for assuring that business ties, during his or her tenure or for one
flood insurance under the National Flood year thereafter. Participation by homeless
Insurance Program is obtained and maintained . individuals who also are participants under the
( b) The Coastal Barrier Resources Act of program in policy or decisionmaking under §
1982 ( 16 U . S . C. 3501 et seq . ) may apply to 583 . 300( f) does not constitute a conflict of
proposals under this part, depending on the interest.
assistance requested . ( 2 ) Upon the written request of the
(c) Applicability of OMB Circulars. The recipient, HUD may grant an exception to the
policies, guidelines, and requirements of OMB provisions of paragraph ( e) ( 1 ) of this section on
Circular No. A-87 ( Cost Principles Applicable to a case-by-case basis when it determines that
Grants, Contracts and Other Agreements with the exception will serve to further the purposes
State and Local Governments) and 24 CFR part of the program and the effective and efficient
85 apply to the award, acceptance, and use of administration of the recipient's
assistance under the program by governmental
www . hud . gov espanol . hud. gov Page 19
Ofc, of Asst. Secy., Comm . Planning, Develop ., HUD § 583 . 405
project. An exception may be considered only ( g ) Davis- Bacon Act. The provisions of the
after the recipient has provided the following : Davis- Bacon Act do not apply to this program .
( I ) For States and other governmental [ 58 FR 13871 , Mar, 15, 1993, as amended at 61
entities, a disclosure of the nature of the FR 5211 , Feb. 9, 1996; 64 FR 50226, Sept. 15,
conflict, accompanied by an assurance that 1999]
there has been public disclosure of the conflict Subpart E-Ad ministration
and a description of how the public disclosure
was made ; and § 583. 400 Grant agreement.
( ii ) For all recipients, an opinion of the (a ) General . The duty to provide supportive
recipient's attorney that the interest for which housing or supportive services in accordance
the exception is sought would not violate State with the requirements of this part will be
or local law . incorporated in a grant agreement executed by
( 3 ) In determining whether to grant a HUD and the recipient.
requested exception after the recipient has ( b) Enforcement. HUD will enforce the
satisfactorily met the requirement of paragraph obligations in the grant agreement through such
( e) ( 2 ) of this section , HUD will consider the action as may be appropriate, including
cumulative effect of the following factors, where repayment of funds that have already been
applicable : disbursed to the recipient .
( i ) Whether the exception would provide a
significant cost benefit or an essential degree of § 583 .405 Program changes.
expertise to the project which would otherwise
not be available; (a ) HUD approval . ( 1 ) A recipient may not
( ii ) Whether the person affected is a make any significant changes to an approved
member of a group or class of eligible persons program without prior HUD approval . Significant
and the exception will permit such person to changes include, but are not limited to, a
receive generally the same interests or benefits change in the recipient, a change in the project
as are being made available or provided to the site, additions or deletions in the types of
group or class ; activities listed in § 583 . 100 of this part
( iii ) Whether the affected person has approved for the program or a shift of more
withdrawn from his or her functions or than 10 percent of funds from one approved
responsibilities, or the decisionmaking process type of activity to another, and a change in the
with respect to the specific assisted activity in category of participants to be served .
question ; Depending on the nature of the change, HUD
( iv) Whether the interest or benefit was may require a new certification of consistency
present before the affected person was in a with the consolidated plan ( see § 583 . 155 ) 0
position as described in paragraph ( e) ( 1 ) of this ( 2 ) Approval for changes is contingent
section ; upon the application ranking remaining high
(v ) Whether undue hardship will result enough after the approved change to have been
either to the recipient or the person affected competitively selected for funding in the year
when weighed against the public interest served the application was selected .
by avoiding the prohibited conflict; and ( b ) Documentation of other changes . Any
(vi ) Any other relevant considerations . changes to an approved program that do not
(f) Audit . The financial management require prior HUD approval must be fully
systems used by recipients under this program documented in the recipient's records ,
must provide for audits in accordance with 24
CFR part 44 or part 45, as applicable. HUD may [ 58 FR 13871 , Mar. 15, 1993, as amended at 61 FR 51176, Sept.
30,
1996]
perform or require additional audits as it finds
necessary or appropriate .
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§ 583 . 410 24 CFR Ch . V ( 4- 1 - 09 Edition )
§ 583 . 410 Obligation and deobligation of
funds.
(a ) Obligation of funds . When HUD and the
applicant execute a grant agreement, funds are
obligated to cover the amount of the approved
assistance under subpart B of this part . The
recipient will be expected to carry out the
supportive housing or supportive services
activities as proposed in the application .
( b ) Increases . After the initial obligation of
funds, HUD will not make revisions to increase
the amount obligated .
(c) Deobligation . ( 1 ) HUD may deobligate
all or parts of grants for acquisition,
rehabilitation , acquisition and rehabilitation , or
new construction :
( i ) If the actual total cost of acquisition ,
rehabilitation , acquisition and rehabilitation , or
new construction is less than the total cost
anticipated in the application ; or
( ii ) If proposed activities for which funding
was approved are not begun within three
months or residents do not begin to occupy the
facility within nine months after grant execution .
( 2 ) HUD may deobligate the amounts for
annual leasing costs, operating costs or
supportive services in any year :
( i ) If the actual leasing costs, operating
costs or supportive services for that year are
less than the total cost anticipated in the
application ; or
( ii ) If the proposed supportive housing
operations are not begun within three months
after the units are available for occupancy .
(3 ) The grant agreement may set forth in
detail other circumstances under which funds
may be deobligated, and other sanctions may
be imposed .
(4 ) HUD may .
( i ) Readvertise the availability of funds that
have been deobligated under this section in a
notice of fund availability under § 583 . 200, or
( ii ) Award deobligated funds to applications
previously submitted in response to the most
recently published notice of fund availability,
and in accordance with subpart C of this part .
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The 2011 Amendments to the Codified
SHP Regulation
Billing Code 4210-67
PART 583 - SUPPORTIVE HOUSING ( 2 ) An individual from birth to age 9, inclusive,
PROGRAM who has a substantial developmental delay or
specific congenital or acquired condition, may
be considered to have a developmental
disability without meeting three or more of the
criteria described in paragraphs ( 1 ) ( i) through
6. The authority citation for 24 CFR part (v) of the definition of "developmental disability"
583 continues to read as follows : in this section if the individual, without services
and supports, has a high probability of meeting
Authority : 42 U . S . C. 3535 (d ) and 11389 , those criteria later in life.
7 . In § 583 . 5, the definitions of " Disability"
and " Homeless person " are removed and the Disability means :
definitions of " Disability, " " Developmental ( 1 ) A condition that :
disability, " and " Homeless " are added to read as ( i ) Is expected to be long -continuing or of
follows : indefinite duration ;
583 . 5 Definitions. ( ii ) Substantially impedes the individual 's
ability to live independently,
* * * * ( iii) Could be improved by the provision of
more suitable housing conditions ; and
Developmental disability means, as defined ( iv) Is a physical , mental , or emotional
in section 102 of the Developmental Disabilities impairment, including an impairment caused by
Assistance and Bill of Rights Act of 2000 (42 alcohol or drug abuse, post-traumatic stress
U . S . C. 15002) : disorder, or brain injury ;
( 1 ) A severe, chronic disability of an individual ( 2 ) A developmental disability, as defined in
that- this section ; or
( i ) Is attributable to a mental or physical (3 ) The disease of acquired immunodeficiency
impairment or combination of mental and syndrome (AIDS) or any conditions arising from
physical impairments; the etiologic agent for acquired
( ii ) Is manifested before the individual immunodeficiency syndrome, including infection
attains age 22 ; with the human immunodeficiency virus ( HIV) .
( iii ) Is likely to continue indefinitely ;
( iv) Results in substantial functional
limitations in three or more of the following
areas of major life activity : Homeless means :
(A) Self-care; ( 1 ) An individual or family who lacks a fixed,
( B) Receptive and expressive language; regular, and adequate nighttime residence,
(C) Learning ; meaning :
( D) Mobility; ( i ) An individual or family with a primary
( E) Self-direction ; nighttime residence that is a public or private
( F) Capacity for independent living ; place not designed for or ordinarily used as a
( G) Economic self-sufficiency ; and regular sleeping accommodation for human
(v ) Reflects the individual 's need for a beings, including a car, park, abandoned
combination and sequence of special , building , bus or train station , airport, or
interdisciplinary, or generic services, camping ground ;
individualized supports, or other forms of ( ii ) An individual or family living in a
assistance that are of lifelong or extended supervised publicly or privately operated shelter
duration and are individually planned and designated to provide temporary living
coordinated . arrangements ( including congregate shelters,
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transitional housing, and hotels and motels barriers to employment, which include the lack
paid for by charitable organizations or by of a high school degree or General Education
federal , state, or local government programs for Development ( GED), illiteracy, low English
low- income individuals) ; or proficiency, a history of incarceration or
( iii ) An individual who is exiting an detention for criminal activity, and a history of
institution where he or she resided for 90 days unstable employment; or
or less and who resided in an emergency (4) Any individual or family who :
shelter or place not meant for human habitation ( i ) Is fleeing, or is attempting to flee,
immediately before entering that institution ; domestic violence, dating violence, sexual
( 2) An individual or family who will imminently assault, stalking, or other dangerous or
lose their primary nighttime residence, provided life-threatening conditions that relate to
that : violence against the individual or a family
( i ) The primary nighttime residence will be member, including a child , that has either taken
lost within 14 days of the date of application for place within the individual 's or family's primary
homeless assistance; nighttime residence or has made the individual
( ii ) No subsequent residence has been or family afraid to return to their primary
identified ; and nighttime residence ;
( iii ) The individual or family lacks the ( ii ) Has no other residence; and
resources or support networks, e . g . , family, ( iii ) Lacks the resources or support
friends, faith - based or other social networks, networks, e. g . , family, friends, and faith- based
needed to obtain other permanent housing ; or other social networks, to obtain other
(3 ) Unaccompanied youth under 25 years of permanent housing .
age, or families with children and youth, who do 8. A new § 583 . 301 is added to read as
not otherwise qualify as homeless under this follows :
definition, but who :
( i ) Are defined as homeless under section & 583 . 301 Recordkeenina
387 of the Runaway and Homeless Youth Act
(42 U . S. C. 5732a ), section 637 of the Head ( a ) [ Reserved . ]
Start Act (42 U . S . C . 9832 ), section 41403 of the ( b) Homeless status . The recipient must
Violence Against Women Act of 1994 (42 U . S . C. maintain and follow written intake procedures
14043e- 2), section 330( h ) of the Public Health to ensure compliance with the homeless
Service Act (42 U . S. C . 254b ( h ) ), section 3 of the definition in § 583 . 5 . The procedures must
Food and Nutrition Act of 2008 ( 7 U . S. C . 2012 ), require documentation at intake of the evidence
section 17( b ) of the Child Nutrition Act of 1966 relied upon to establish and verify homeless
(42 U . S. C. 1786 ( b) ), or section 725 of the status . The procedures must establish the
McKinney-Vento Homeless Assistance Act (42 order of priority for obtaining evidence as
U . S . C. 11434a) ; third - party documentation first, intake worker
( ii ) Have not had a lease, ownership observations second, and certification from the
interest, or occupancy agreement in permanent person seeking assistance third . However, lack
housing at any time during the 60 days of third - party documentation must not prevent
immediately preceding the date of application an individual or family from being immediately
for homeless assistance; admitted to emergency shelter, receiving street
( iii ) Have experienced persistent instability outreach services, or being immediately
as measured by two moves or more during the admitted to shelter or receiving services
60-day period immediately preceding the date provided by a victim service provider, as defined
of applying for homeless assistance ; and in section 401 ( 32 ) of the McKinney-Vento
( iv) Can be expected to continue in such Homeless Assistance Act, as amended by the
status for an extended period of time because HEARTH Act. Records contained in an HMIS or
of chronic disabilities, chronic physical health or comparable database used by victim service or
mental health conditions, substance addiction , legal service providers are acceptable evidence
histories of domestic violence or childhood of third-party documentation and intake worker
abuse ( including neglect) , the presence of a observations if the HMIS retains an auditable
child or youth with a disability, or two or more history of all entries, including the person who
www. htid . gov espanol . hud. gov Page 23
entered the data , the date of entry, and the low- income individuals, evidence that the
change made; and if the HMIS prevents individual or family lacks the resources
overrides or changes of the dates on which necessary to reside there for more than 14 days
entries are made , after the date of application for homeless
( 1 ) If the individual or family qualifies as assistance; or
homeless under paragraph ( 1 ) ( i ) or ( ii ) of the (C) An oral statement by the individual or
homeless definition in § 583 . 5, acceptable head of household that the owner or renter of
evidence includes a written observation by an the housing in which they currently reside will
outreach worker of the conditions where the not allow them to stay for more than 14 days
individual or family was living, a written referral after the date of application for homeless
by another housing or service provider, or a assistance. The intake worker must record the
certification by the individual or head of statement and certify that it was found credible.
household seeking assistance . To be found credible, the oral statement must
( 2 ) If the individual qualifies as homeless either : Be verified by the owner or renter of
under paragraph ( 1 ) ( iii ) of the homeless the housing in which the individual or family
definition in § 583 . 5, because he or she resided resides at the time of application for homeless
in an emergency shelter or place not meant for assistance and documented by a written
human habitation and is exiting an institution certification by the owner or renter or by the
where he or she resided for 90 days or less, intake worker's recording of the owner or
acceptable evidence includes the evidence renter's oral statement; or if the intake worker
described in paragraph ( b) ( 1 ) of this section is unable to contact the owner or renter, be
and one of the following : documented by a written certification by the
( i ) Discharge paperwork or a written or oral intake worker of his or her due diligence in
referral from a social worker, case manager, or attempting to obtain the owner or renter's
other appropriate official of the institution, verification and the written certification by the
stating the beginning and end dates of the time individual or head of household seeking
residing in the institution . All oral statements assistance that his or her statement was true
must be recorded by the intake worker; or and complete;
( ii ) Where the evidence in paragraph ( ii ) Certification by the individual or head of
( b) ( 2 )( i ) of this section is not obtainable, a household that no subsequent residence has
written record of the intake worker's due been identified ; and
diligence in attempting to obtain the evidence ( iii ) Certification or other written
described in paragraph ( b) ( 2 ) ( i) and a documentation that the individual or family
certification by the individual seeking assistance lacks the resources and support networks
that states he or she is exiting or has just exited needed to obtain other permanent housing .
an institution where he or she resided for 90 (4 ) If the individual or family qualifies as
days or less . homeless under paragraph (3 ) of the homeless
( 3 ) If the individual or family qualifies as definition in § 583 . 5, because the individual or
homeless under paragraph ( 2 ) of the homeless family does not otherwise qualify as homeless
definition in § 583 . 5, because the individual or under the homeless definition but is an
family will imminently lose their housing, the unaccompanied youth under 25 years of age, or
evidence must include : homeless family with one or more children or
( i ) (A) A court order resulting from an youth , and is defined as homeless under
eviction action that requires the individual or another Federal statute or section 725 ( 2) of the
family to leave their residence within 14 days McKinney-Vento Homeless Assistance Act (42
after the date of their application for homeless U . S . C. 11434a ( 2)) , the evidence must include :
assistance; or the equivalent notice under ( i ) For paragraph ( 3 )( i ) of the homeless
applicable state law, a Notice to Quit, or a definition in § 583 . 5 , certification of homeless
Notice to Terminate issued under state law ; status by the local private nonprofit organization
( B) For individuals and families whose or state or local governmental entity responsible
primary nighttime residence is a hotel or motel for administering assistance under the Runaway
room not paid for by charitable organizations or and Homeless Youth Act (42 U . S . C . 5701
federal , state, or local government programs for et seo . ), the Head Start Act (42 U . S . C . 9831
www . hud . gov espanol . hud . gov Page 24
i
etse subtitle N of the Violence Against § 583 . 5, because the individual or family is
Women Act of 1994 (42 U . S . C. 14043e et sea . ),
section 330 of the Public Health Service Act (42 fleeing domestic violence, dating violence,
U . S . C. 254b ), the Food and Nutrition Act of sexual assault, stalking, or other dangerous or
2008 ( 7 U . S. C. 2011 et sea . ), section 17 of the life-threatening conditions related to violence,
then acceptable evidence includes an oral
Child Nutrition Act of 1966 (42 U . S . C. 1786) , or
statement by the individual or head of
subtitle B of title VII of the McKinney- Vento
Homeless Assistance Act (42 U . S . C . 11431 et household seeking assistance that they are
fleeingthat situation, that no subsequent
( ii ) For paragraph (3 ) ( ii ) of the homeless
semas applicable; residence has been identified, and that they
( ii )
delack the resources or support networks, e . g . ,
finition in § 583 . 5 , referral by a housing or family, friends, faith - based or other social
service provider, written observation by an
outreach worker, or certification by the networks, needed to obtain other housing . If
the individual or family is receiving shelter or
homeless individual or head of household services provided by a victim service provider,
seekiing�assistance; as defined in section 401 (32) of the
( "ti of paragraph erti is i the homeless McKinney-Vento Homeless Assistance Act, as
definition in § 583 . 5, certification by the amended by the HEARTH Act, the oral
individual or head of household and any statement must be documented by either a
available supporting documentation that the certification by the individual or head of
individual or family moved two or more times household; or a certification by the intake
during the 60-day period immediately preceding worker. Otherwise, the oral statement that the
the date for application of homeless assistance, individual or head of household seeking
including : recorded statements or records assistance has not identified a subsequent
obtained from each owner or renter of housing , residence and lacks the resources or support
provider of shelter or housing, or social worker, networks, e . g . , family, friends, faith - based or
case worker, or other appropriate official of a other social networks, needed to obtain
hospital or institution in which the individual or housing, must be documented by a certification
family resided ; or, where these statements or by the individual or head of household that the
records are unobtainable, a written record of oral statement is true and complete, and, where
the intake worker's due diligence in attempting the safety of the individual or family would not
to obtain these statements or records . Where a be jeopardized, the domestic violence, dating
move was due to the individual or family fleeing violence, sexual assault, stalking, or other
domestic violence, dating violence, sexual dangerous or life-threatening condition must be
assault, or stalking , then the intake worker may verified by a written observation by the intake
alternatively obtain a written certification from worker; or a written referral by a housing or
the individual or head of household seeking service provider, social worker, health -care
assistance that they were fleeing that situation provider, law enforcement agency, legal
and that they resided at that address ; and assistance provider, pastoral counselor, or any
( iv) For paragraph ( 3 ) ( iv) of the homeless another organization from whom the individual
definition in § 583 . 5, written diagnosis from a or head of household has sought assistance for
professional who is licensed by the state to domestic violence, dating violence, sexual
diagnose and treat that condition ( or intake assault, or stalking . The written referral or
staff- recorded observation of disability that observation need only include the minimum
within 45 days of the date of application for amount of information necessary to document
assistance is confirmed by a professional who is that the individual or family is fleeing, or
licensed by the state to diagnose and treat that attempting to flee domestic violence, dating
condition ) ; employment records ; department of violence, sexual assault, and stalking .
corrections records; literacy, English proficiency (c) Disability , - Each recipient of
tests; or other reasonable documentation of the assistance under this part must maintain and
conditions required under paragraph ( 3 )( iv) of follow written intake procedures to ensure that
the homeless definition . the assistance benefits persons with disabilities,
( 5 ) If the individual or family qualifies under as defined in § 583 . 5 . In addition to the
paragraph (4 ) of the homeless definition in documentation required under paragraph ( b ) of
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of this section , the procedures must require
documentation at intake of the evidence relied
upon to establish and verify the disability of the
person applying for homeless assistance. The
recipient must keep these records for 5 years
after the end of the grant term . Acceptable
evidence of the disability includes :
( 1 ) Written verification of the disability from a
professional licensed by the state to diagnose
and treat the disability and his or her
certification that the disability is expected to be
long -continuing or of indefinite duration and
substantially impedes the individual 's ability to
live independently ;
( 2 ) Written verification from the Social
Security Administration ;
( 3 ) The receipt of a disability check ( e . g . ,
Social Security Disability Insurance check or
Veteran Disability Compensation ) ;
(4) Other documentation approved by HUD; or
( 5 ) Intake staff- recorded observation of
disability that, no later than 45 days of the
application for assistance, is confirmed and
accompanied by evidence in paragraph ( c) ( 1 ),
( 2) , ( 3 ), or ( 4) of this section .
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