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HomeMy WebLinkAbout2012-082 ao ► a • o8 � U.S. Department of Housing and Urban Development Office of Community Planning and Development a 400 West Bay Street Suite 1015 R1 Jifl , Jacksonville, FL 32202 SPX RED RECP 4^ce• 4 Grant Number : FL0360C4H091 102 Project Name : FL - 509 - REN - 2011 IR Chronics Renewal o Total Award Amount : $ 88 , 836 4041SION Number of Units : 11 Component : TRA Recipient : Indian River County Board of County Commissioners Contact Person and Title : Bradley Bernauer, Director, County Human Services Telephone Number : (772 ) 567 - 8000 Fax Number : (772 ) 567 - 5991 E -mail Address : bbernauer@doh . statefl . us EIN/Tax ID Number : 59 - 6000674 DUNS Number : 079208989 Effective Date : June 15 , 2012 Project Location ( s) : 2011 SHELTER PLUS CARE RENEWAL AGREEMENT This Agreement is made by and between the United States Department of Housing and Urban Development ( HUD) and the Recipient, which is described in section 1 of Exhibit 2 . This Agreement will be governed by Subtitle F of Title IV of the McKinney- Vento Homeless Assistance Act 42 U . S . C . 11301 et seg . (the Act) ; the HUD Shelter Plus Care Program final rule codified at 24 CFR 582 ( " the Rule " ) , which is attached hereto and made a part hereof as Exhibit 1 , and the Notice of Funding Availability (NOFA ) that was published in two parts . The first part was the 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 terms " Grant " or " Grant Funds " mean the funds for rental assistance that are provided under this Agreement . The term " Application " means the original and renewal application submissions, including the certifications and assurances , and any information or documentation required to meet any grant award conditions ( including the application submissions for grants being consolidated in this agreement) , on the basis of which HUD approved a grant . The Application is incorporated herein as part of this Agreement ; however, in the event of any conflict between the Application and any provision contained herein , this Shelter Plus Care Agreement shall control . www ,hud . gov espanol .hud . gov Page 1 The following are attached hereto and made a part hereof. ® Exhibit 1 - The Shelter Plus Care Program Rule ® Exhibit 2 - for Tenant-based Rental Assistance ❑ Exhibit 3 as for Project- based Rental Assistance ❑ Exhibit 4 - for Sponsor-based Rental Assistance ❑ Exhibit 5 as for Section 8 Moderate Rehabilitation for Single Room Occupancy ❑ Exhibit 5A - Subgrant for the Administration of Rental Assistance (for SRO) HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application , unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement . Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive services required by the participants in the programs to assure the adequate provisions of supportive services to the participants in the program ; to be responsible for overall administration of this grant, including overseeing any sub - recipients , contractors and subcontractors ; and to comply with such other terms and conditions , including record keeping and reports (which must include racial and ethnic data on participants for program monitoring and evaluation purposes ) , as the Secretary may establish for purposes of carrying out the program in an effective and efficient manner . The recipient and project sponsor, if any , will not knowingly allow illegal activities in any unit assisted with S +C funds . Recipient agrees to draw Grant Funds for and to make rental assistance payments on behalf of eligible program participants at least quarterly . A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the Act, Rule , any material breach of the Agreement, failure to expend Grant Funds in a timely manner, or misrepresentations in the Application submissions that, if known by HUD , would have resulted in a grant not being provided . Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond , HUD may take one or more of the following actions : (a) direct the Recipient to submit progress schedules for completing approved activities ; (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated ; (c ) direct Recipient to establish and maintain a management plan that assigns responsibility for carrying out remedial actions ; (d) direct the Recipient to suspend , discontinue or not incur costs for the affected activity ; www, hud . gov espanol . hud . gov Page 2 (e) reduce or recapture the grant ; (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program ; (g) continue the Grant with a substitute Recipient selected by HUD ; (h ) other appropriate action including , but not limited to , any remedial action legally available , such as affirmative litigation seeking declaratory judgment, specific performance, damages , temporary or permanent injunctions and any other available remedies . No delay or omissions by HUD in exercising any right or remedy available to it under the Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default . The Grantee shall comply with requirements established by the Office of Management and Budget (OMB ) concerning the Dun and Bradstreet Data Universal Numbering System ( DUNS ) , the Central Contractor Registration (CCR) database , and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed . Reg . 55671 ( Sept . 14 , 2010) (to be at 2 CFR part 25 ) and Appendix A to Part 170 of Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed . Reg . 55663 (Sept . 14, 2010) (to be codified at 2 CFR part 170) . This Agreement constitutes the entire agreement between the parties hereto , and may be amended only in writing executed by HUD and the Recipient . More specifically , Recipient shall not change sponsor or population to be served without the prior approval of HUD . No right, benefit, or advantage of the Recipient or Sponsor hereunder may be assigned without prior written approval of HUD . The effective date of the Agreement is stated in the attached Exhibit. Execution of this Agreement terminates any S +C Amendment and Extension Agreement executed by the parties, as of the effective date of this Agreement . ( Where more than one grant is being consolidated , execution of this Agreement terminates the Grant Agreements for the grants identified in the attached exhibits, as of the effective date of this agreement . ) By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan ) . www . hud . gov espanol .hud . gov Page 3 This agreement is hereby executed on behalf of the parties as follows : UNITED STATES OF AMERICA, Secretary of Housing and Urban Development BY : April 12 , 2012 Signature and Date Gary Cause_y Print name of signatory Director Title RECIPIENT BY : lad V r 00 U at Name of Organization / I � Signature&qf Authorized Official — GJ l , 1' utecl f V� YYY.\ YY .YYY 1 r w, +�, pMMls�y �`_•/ Title � . ,.�,•. f V 6 Cog) f Date y APPROVED AS TO FORM 9�R COU • Y• N. Y YYY . YY YYY AND LEGAL. SUFFICIEN DY �:: A�OLACKWICH COUNTY ATTORNEY www. hud .gov espanol . hud .gov Page 4 EXHIBIT 2 TENANT-BASED RENTAL ASSISTANCE (TRA) 1 . The Recipient is Indian River County Board of County Commissioners , 2 . HUD agrees , subject to the terms of the Agreement, to provide the Grant Funds in the amount specified below for the approved project(s) described in the Application . HUD' s total funding obligation is $ 88 , 836 for 1 I units of tenant- based rental assistance . 3 . The term of this Grant Agreement shall be one ( 1 ) year . One-year renewal grants cannot be extended and unobligated balances will be recaptured by HUD at the end of the grant period . 4 . Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate existing housing fair market rental value under Sec . 8 (c) ( 1 ) of the United States Housing Act of 1937 in effect at the time the Application was approved . This fair market rent may be higher or lower than the fair market rent in effect at the time of application submission . 5 . The effective date of the Agreement shall be the expiration of the prior grant that is being renewed (applicable only to renewals of grants whose terms have not been extended) . www. hud . gov espanol .hud . gov Page 24 CCR Search Results Page 1 of 3 FL0360C414091102 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 PLUS46 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 /detaii . aspx ?VAR_DUN 1 = 079208989 5 /3 /2012 CCR 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 Is 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/detaii . aspx ?VAR_DUN 1 = 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 State : 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 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 https : //www . bpn . gov/CCRSearch /detail . aspx ?VAR—DUNI = 079208989 5 /3 /2012 EXHIBIT I Codified Shelter Plus Care Program Regulation 24 CFR Ch . V ( 44 - 09 Edition ) Subpart D- Program Requirements 582 . 300 General operation. 582 . 305 Housing quality standards; rent reasonableness. 582 . 310 Resident rent. 582 . 315 Occupancy agreements. 582 . 320 Termination of assistance to participants. 582 . 325 Outreach activities. 582 . 330 Nondiscrimination and equal opportunity requirements . 582 . 335 Displacement, relocation, and real es made b property acquisition . S + C is subject to the changes Y 582 . 340 Other Federal requirements. the Homeless Definition Rule that is at Subpart E -Administration the end of this Rule. 582 . 400 Grant agreement. 582 . 405 Program changes. 582 . 410 Obligation and deobligation of funds . AUTHORITY : 42 U . S . C. 3535(d) and 11403- 11407b. SOURCE : 58 FR 13892, Mar. 15, 1993, unless otherwise noted . Subpart A- General § 582. 1 Purpose and scope. (a ) General . The Shelter Plus Care program ( S+ C) is authorized by title IV, subtitle F, of the Stewart B . McKinney Homeless Assistance Act ( the McKinney Act) (42 U . S . C. 11403- 11407b) . S + C is designed to link rental assistance to supportive services for hard-to-serve homeless persons with disabilities ( primarily those who are seriously mentally ill ; have chronic problems with alcohol , drugs, or both ; or have acquired PART 582- SHELTER PLUS CARE immunodeficiency syndrome (AIDS) and related Subpart A- General diseases) and their families . The program provides grants to be used for rental assistance Sec . for permanent housing for homeless persons 582 . 1 Purpose and scope with disabilities. Rental assistance grants must 582 . 5 Definitions . . be matched in the aggregate by supportive Subpart B -Assistance Provided services that are equal in value to the amount 582 . 100 Program component descriptions . of rental assistance and appropriate to the 582 . 105 Rental assistance amounts and payments. needs of the population to be served . Recipients 582 . 110 Matching requirements . are chosen on a competitive basis nationwide. 582 . 115 Limitations on assistance. ( b ) Components. Rental assistance is 582 . 120 Consolidated plan . provided through four components described in Subpart C- Application and Grant Award § 582 . 100 . Applicants may apply for assistance under any one of the four components, or a 582 . 200 Application and grant award . combination . 582 . 230 Environmental review [ 588 F,13892, Mar, 15, 1993, as amended at 61 FR 51169, Sept. 30, www . hud . gov espanol .hud. gov Ofc, of Asst. Secy., Comm . Planning, Develop ., HUD § 582. 5 § 582. 5 Definitions. ( 1 ) A person shall be considered to have a disability if such person has a physical , mental, The terms Fair Market Rent ( FMR ) , HUD, or emotional impairment which is expected to Public Housing Agency ( PHA ) , Indian Housing be of long -continued and indefinite duration ; Authority ( IHA) , and Secretary are defined in 24 substantially impedes his or her ability to live CFR part 5 . independently; and is of such a nature that such As used in this part : ability could be improved by more suitable Acquired immunodeficiency syndrome housing conditions. (AIDS) and related diseases has the meaning ( 2 ) A person will also be considered to given in section 853 of the AIDS Housing have a disability if he or she has a Opportunity Act (42 U . S . C. 12902 ) o developmental disability, which is a severe, Applicant has the meaning given in section chronic disability that- 462 of the McKinney Act (42 U . S . C . 11403g ) . ( i ) Is attributable to a mental or physical Eligible person means a homeless person impairment or combination of mental and with disabilities ( primarily persons who are physical impairments; seriously mentally ill ; have chronic problems ( ii ) Is manifested before the person attains with alcohol , drugs, or both ; or have AIDS and age 22 ; related diseases) and , if also homeless, the ( iii ) Is likely to continue indefinitely; family of such a person . To be eligible for ( iv ) Results in substantial functional assistance, persons must be very low income, limitations in three or more of the following except that low-income individuals may be areas of major life activity : assisted under the SRO component in (A) Self-care; accordance with 24 CFR 813 . 105 ( b ) . ( B) Receptive and expressive language; Homeless or homeless individual has the (C) Learning ; meaning given in section 103 of the McKinney ( D) Mobility; Act (42 U . S . C. 11302 ) . ( E) Self-direction ; Indian tribe has the meaning given in ( F) Capacity for independent living ; and section 102 of the Housing and Community (G ) Economic self-sufficiency; and Development Act of 1974 (42 U . S . C . 5302 ) . (v) Reflects the person 's need for a Low- income means an annual income not in combination and sequence of special , excess of 80 percent of the median income for interdisciplinary, or generic care, treatment, or the area, as determined by HUD . HUD may other services which are of lifelong or extended establish income limits higher or lower than 80 duration and are individually planned and percent of the median income for the area on coordinated . the basis of its finding that such variations are ( 3 ) Notwithstanding the preceding necessary because of the prevailing levels of provisions of this definition , the term person construction costs or unusually high or low with disabilities includes, except in the case of family incomes. the SRO component, two or more persons with Nonprofit organization has the meaning disabilities living together, one or more such given in section 104 of the Cranston -Gonzalez persons living with another person who is National Affordable Housing Act (42 U . S . C. determined to be important to their care or 12704). The term nonprofit organization also well - being, and the surviving member or includes a community mental health center members of any household described in the first established as a public nonprofit organization . sentence of this definition who were living , in a Participant means an eligible person who unit assisted under this part, with the deceased has been selected to participate in S+ C. member of the household at the time of his or Person with disabilities means a household her death . ( In any event, with respect to the composed of one or more persons at least one surviving member or members of a household, of whom is an adult who has a disability. the right to rental assistance under this part will terminate at the end of the grant period www . hud . gov espanol . hud. ¢ov Page �' § 582 . 100 24 CFR Ch . V (4- 1 - 09 Edition ) under which the deceased member was a necessary because of unusually high or low participant. ) family incomes. Recipient means an applicant approved to [ 61 FR 51169, Sept. 30, 1996; 62 FR 13539, Mar, 21, 1997] receive a S+ C grant. Seriously mentally ill has the meaning given Subpart B-Assistance Provided in section 462 of the McKinney Act ( 42 U . S. C . 11403g ) . § 582. 100 Program component descriptions. Single room occupancy (SRO) housing (a ) Tenant- based rental assistance (TRA) . means a unit for occupancy by one person, Tenant- based rental assistance provides grants which need not but may contain food for rental assistance which permit participants preparation or sanitary facilities, or both . to choose housing of an appropriate size in Sponsor means a nonprofit organization which to reside . Participants retain the rental which owns or leases dwelling units and has assistance if they move . Where necessary to contracts with a recipient to make such units facilitate the coordination of supportive services, available to eligible homeless persons and grant recipients may require participants to live receives rental assistance payments under the SRA component. in a specific area for their entire period of State has the meaning given in section 462 participation or in a specific structure for the of the McKinney Act ( 42 U . S . C . 114038 ) . first year and in a specific area for the remainder of their period of participation . Supportive service provider, or service provider, Recipients may not define the area in a way means a person or organization licensed or that violates the Fair Housing Act or the otherwise qualified to provide supportive Rehabilitation Act of 1973 . The term of the services, either for profit or not for profit. grant between HUD and the grant recipient for Supportive services means assistance that- TRA is five years . ( 1 ) Addresses the special needs of eligible persons; and ( b) Project- based rental assistance ( PRA) . ( 2 ) Provides appropriate services or assists Project- based rental assistance provides grants for rental assistance to the owner of an existing such persons in obtaining appropriate services, including health care, mental health treatment, structure, where the owner agrees to lease the alcohol and other substance abuse services, subsidized units to participants. Participants do child care services, case management services, not retain rental assistance if they move. Rental counseling, supervision , education , job training, subsidies are provided to the owner for a period of either and other services essential for achieving and five or ten years . To qualify for ten maintaining independent living . years of rental subsidies, the owner must ( Inpatient acute hospital care does not qualify complete at least $3, 000 of eligible as a supportive service. ) . rehabilitation for each unit ( including the unit's Unit of general local government has the prorated share of work to be accomplished on meaning given in section 102 of the Housing common areas or systems), to make the structure decent, safe and sanitary . This and Community Development Act of 1974 (42 U . S . C. 5302 ) . rehabilitation must be completed with in 12 months of the grant award . Very low - income means an annual income ( c) Sponsor- based rental assistance (SRA) , not in excess of 50 percent of the median Sponsor- based rental assistance provides grants income for the area , as determined by HUD, for rental assistance through contracts between with adjustments for smaller and larger families. the grant recipient and sponsor organizations. A HUD may establish income limits higher or lower sponsor may be a private, nonprofit than 50 percent of the median income for the organization or a community mental health area on the basis of its finding that such variations are agency established as a public nonprofit organization . Participants reside in housing owned or leased by www. hud. gov espanol . hud. gov Page 7 Oft, of Asst. Secy., Comm . Planning, Develop., HUD § 582. 105 the sponsor. The term of the grant between program that includes a range of housing types HUD and the grant recipient for SRA is five with differing levels of supportive services. years . Rental assistance may include security deposits ( d ) Moderate rehabilitation for single room on units in an amount up to one month 's rent. occupancy dwellings (SRO) . ( 1 ) The SRO ( b) Amount of the grant. The amount of component provides grants for rental assistance the grant is based on the number and size of in connection with the moderate rehabilitation units proposed by the applicant to be assisted of single room occupancy housing units . over the grant period . The grant amount is Resources to initially fund the cost of calculated by multiplying the number of units rehabilitating the dwellings must be obtained proposed times the applicable Fair Market Rent from other sources . However, the rental ( FMR) of each unit times the term of the grant. assistance covers operating expenses of the (c) Payment of grant. ( 1 ) The grant rehabilitated SRO units occupied by homeless amount will be reserved for rental assistance persons, including debt service to retire the cost over the grant period . An applicant's grant of the moderate rehabilitation over a ten -year request is an estimate of the amount needed for period . rental assistance. Recipients will make draws ( 2 ) SRO housing must be in need of from the reserved amount to pay the actual moderate rehabilitation and must meet the costs of rental assistance for program requirements of 24 CFR 882 . 803 (a ) . Costs participants . For TRA, on demonstration of associated with rehabilitation of common areas need, up to 25 percent of the total rental may be included in the calculation of the cost assistance awarded may be spent in any one of for assisted units based on the proportion of the the five years, or a higher percentage if number of units to be assisted under this part to approved by HUD, where the applicant provides the total number of units . evidence satisfactory to HUD that it is financially ( 3 ) SRO assistance may also be used for committed to providing the housing assistance efficiency units selected for rehabilitation under described in the application for the full five-year this program, but the gross rent (contract rent period . plus any utility allowance) for those units will be ( 2) A recipient must serve at least as many no higher than for SRO units ( i . e . , 75 percent of participants as shown in its application . Where the 0- bedroom Moderate Rehabilitation Fair the grant amount reserved for rental assistance Market Rent) . over the grant period exceeds the amount that ( 4) The requirements regarding will be needed to pay the actual costs of rental maintenance, operation , and inspections assistance, due to such factor as contract rents described in 24 CFR 882 . 806( b ) (4) and being lower than FMRs and participants are 882 . 808 ( n ) must be met. being able to pay a portion of the rent, ( 5 ) Governing regulations . Except where recipients may use the remaining funds for the there is a conflict with any requirement under costs of administering the housing assistance, this part or where specifically provided, the SRO as described in paragraph ( e) of this section , for component will be governed by the regulations damage to property, as described in paragraph set forth in 24 CFR part 882, subpart H . ( f) of this section, for covering the costs of rent increases, or for serving a great number of § 582. 105 Rental assistance amounts and participants. payments. (d ) Vacancies . ( 1 ) If a unit assisted under (a ) Eligible activity. S + C grants may be this part is vacated before the expiration of the used for providing rental assistance for housing occupancy agreement described in § 582 . 315 of occupied by participants in the program and this part, the assistance for the unit may administrative costs as provided for in continue for a maximum of 30 days from the paragraph (e) of this section , except that the end of the month in which the unit was vacated, housing may not be currently receiving Federal unless occupied by another eligible person . No funding for rental assistance or operating costs additional assistance under other HUD programs . Recipients may design a housing www , hud. gov cspanol .hud. gov Page A § 582. 110 24 CFR Ch . V ( 4- 1 - 09 Edition ) will be paid until the unit is occupied by another funds are provided ), as well as State, local, and eligible person . private sources, provided that funds from the ( 2 ) As used in this paragraph ( d ) , the term other source are not statutorily prohibited to be "vacate" does not include brief periods of used as a match . inpatient care, not to exceed 90 days for each ( 2 ) Only services that are provided after occurrence. the execution of the grant agreement may (e ) Administrative costs. ( 1 ) Up to eight count toward the match . percent of the grant amount may be used to (3 ) It is the responsibility of the recipient to pay the costs of administering the housing ensure that any funds or services used to satisfy assistance. Recipients may contract with the matching requirements of this section are another entity approved by HUD to administer eligible under the laws governing the funds or the housing assistance. services to be used as matching funds or ( 2 ) Eligible administrative activities include services for a grant awarded under this processing rental payments to landlords, program . examining participant income and family ( b ) Availability to participants . Recipients composition, providing housing information and must give reasonable assurances that assistance, inspecting units for compliance with supportive services will be available to housing quality standards, and receiving into participants for the entire term of the rental the program new participants . This assistance . The value of the services provided to administrative allowance does not include the a participant, however, does not have to equal cost of administering the supportive services or the amount of rental assistance provided that the grant (e . g . , costs of preparing the participant, nor does the value have to be equal application , reports or audits required by HUD), to the amount of rental assistance on a which are not eligible activities under a S + C year4o-year basis . grant. (c) Calculating the value of supportive (f) Property damage. Recipients may use services . In calculating the amount of the grant funds in an amount up to one month 's matching supportive services, applicants may rent to pay for any damage to housing due to count : the action of a participant. ( 1 ) Salaries paid to staff of the recipient to [ 58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51170, Sept. 30, provide supportive services to S + C participants; 1996] ( 2 ) The value of supportive services § 582. 110 Matching requirements. provided by other persons or organizations to S + C participants; ( a ) Matching rental assistance with ( 3 ) The value of time and services supportive services. ( 1 ) To qualify for rental contributed by volunteers at the rate of $ 10 . 00 assistance grants, an applicant must certify that an hour, except for donated professional it will provide or ensure the provision of services which may be counted at the supportive services, including funding the customary charge for the service provided services itself if the planned resources do not ( professional services are services ordinarily become available for any reason , appropriate to performed by donors for payment, such as the the needs of the population being served, and services of health professionals, that are at least equal in value to the aggregate amount equivalent to the services they provide in their of rental assistance funded by HUD . The occupations) ; supportive services may be newly created for (4 ) The value of any lease on a building the program or already in operation, and may used for the provision of supportive services, be provided or funded by other Federal, State, provided the value included in the match is no local , or private programs in accordance with 42 more than the prorated share used for the U . S . C . 11403b . This statute provides that a program ; and recipient may use funds from any source, ( 5 ) The cost of outreach activities, as including any other Federal source ( but described in § 582 . 325( a) of this part. excluding the specific statutory subtitle from [ 58 FR 13892, Mar, 15, 1993, as amended at 73 FR 75325, Dec. 11, which S+ C 20081 www. hud. gov cspanol. hud . guv Page 9 Ofc, of Asst. Secy., Comm . Planning, Develops HUD § 582. 120 § 582. 115 Limitations on assistance. its internal governance, and it may retain ( a ) Current occupants . Current occupants religious terms in its organization 's name, select of the real property are not eligible for its board members on a religious basis, and assistance under this part. However, as include religious references in its organization 's described in § 582 . 335, persons displaced as a mission statements and other governing direct result of acquisition, rehabilitation, or documents. demolition for a project under the S + C program (4) An organization that participates in the are eligible for and must be provided relocation S+ C program shall not, in providing program assistance at Uniform Relocation Act levels . assistance, discriminate against a program ( b ) Amount of assistance provided within a beneficiary or prospective program beneficiary jurisdiction . HUD will limit the amount of on the basis of religion or religious belief. assistance provided within the jurisdiction of ( 5) If a State or local government any one unit of local government to no more voluntarily contributes its own funds to than 10 percent of the amount available. supplement federally funded activities, the State (c) Faith - based activities . ( 1 ) Organizations or local government has the option to segregate that are religious or faith - based are eligible, on the Federal funds or commingle them . However, the same basis as any other organization , to if the funds are commingled, this section applies participate in the S + C program . Neither the to all of the commingled funds . Federal government nor a State or local (d ) Maintenance of effort. No assistance government receiving funds under S+ C received under this part (or any State or local programs shall discriminate against an government funds used to supplement this organization on the basis of the organization 's assistance) may be used to replace funds religious character or affiliation . provided under any State or local government 2 assistance programs previously used, or ( ) Organizations that are directly funded under the S +C program may not engage in designated for use, to assist persons with inherently religious activities, such as worship, disabilities, homeless persons, or homeless religious instruction, or proselytization as part of persons with disabilities. the programs or services funded under this part. ( 58 FR 13892, Mar, 15, 1993, as amended at 68 FR 56407, sec. 30, 2003) If an organization conducts such activities, the activities must be offered separately, in time or § 582. 120 Consolidated plan , location, from the programs or services funded under this part, and participation must be (a ) Applicants that are States or units of voluntary for the beneficiaries of the general local government. The applicant must HUD-funded programs or services. have a HUD-approved complete or abbreviated ( 3 ) A religious organization that consolidated plan, in accordance with 24 CFR participates in the S + C program will retain its part 91 , and must submit a certification that the independence from Federal , State, and local application for funding is consistent with the governments, and may continue to carry out its HUD-approved consolidated plan . Funded mission, including the definition, practice and applicants must certify in a grant agreement expression of its religious beliefs, provided that that they are following the HUD-approved it does not use direct S+ C funds to support any consolidated plan . If the applicant is a State, inherently religious activities, such as worship, and the project will be located in a unit of religious instruction, or proselytization . Among general local government that is required to other things, faith-based organizations may use have, or has, a complete consolidated plan , or space in their facilities to provide S+&funded that is applying for Shelter Plus Care assistance services, without removing religious art, icons, under the same Notice of Fund Availability scriptures, or other religious symbols . In ( NOFA) and will have an abbreviated addition , an S +&funded religious organization consolidated plan with respect to that retains its authority over application, the State also must submit a certification by the unit of general local government that the State's application is consistent with the unit www. hud . gov espanol . hud . gov Pace 10 § 582. 200 24 CFR Ch . V ( 4- 1 - 09 Edition ) of general local government's HUD-approved ( b) Rating criteria . HUD will award funds consolidated plan . based on the criteria specified in section ( b ) Applicants that are not States or units 455(a )( 1 ) through ( 8 ) of the McKinney Act (42 of general local government. The applicant must U . S. C. 11403d( 1 )- 11403d ( 8) ) and on the submit a certification by the jurisdiction in which following criteria authorized by section the proposed project will be located that the 455 (a )( 9) of the McKinney Act (42 U . S . C. jurisdiction is following its HUD-approved 11403d (9 ) ) : consolidated plan and the applicant 's application ( 1 ) The extent to which the applicant has for funding is consistent with the jurisdiction 's demonstrated coordination with other Federal, HUD-approved consolidated plan . The State, local, private and other entities serving certification must be made by the unit of homeless persons in the planning and operation general local government or the State, in of the project, to the extent practicable, accordance with the consistency certification ( 2 ) Extent to which the project targets provisions of the consolidated plan regulations, homeless persons living in emergency shelters, 24 CFR part 91 , subpart F. supportive housing for homeless persons, or in (c) Indian tribes and the Insular Areas of places not designed for, or ordinarily used as, a Guam, the U . S. Virgin Islands, American Samoa, regular sleeping accommodation for human and the Northern Mariana Islands . These beings; entities are not required to have a consolidated (3 ) Quality of the project; and plan or to make consolidated plan certifications. (4) Extent to which the program will serve An application by an Indian tribe or other homeless persons who are seriously mentally ill, applicant for a project that will be located on a have chronic alcohol and/or drug abuse reservation of an Indian tribe will not require a problems, or have AIDS and related diseases. certification by the tribe or the State . However, (Approved by the Office of Management and Budget under control 18) where an Indian tribe is the applicant for a number 1170,250& Sept.project that will not be located on a reservation , [61 FR 51170, ept. 30, 1996] the requirement for a certification under paragraph ( b) of this section will apply . § 582. 230 Environmental review. (d ) Timing of consolidated plan certification (a) Activities under this part are subject to submissions . Unless otherwise set forth in the HUD environmental regulations in part 58 of this NOFA, the required certification that the title, except that HUD will perform an application for funding is consistent with the environmental review in accordance with part HUD-approved consolidated plan must be 50 of this title prior to its approval of any submitted by the funding application submission conditionally selected applications from PHAs for deadline announced in the NOFA . Fiscal Year 2000 and prior years for other than [60 FR 16379, Mar. 30, 1995] the SRO component. For activities under a grant to a PHA that generally would be subject to Subpart C -Application and Grant review under part 58, HUD may make a finding Award in accordance with § 58 . 11 (d ) and may itself perform the environmental review under the § 582. 200 Application and grant award . provisions of part 50 of this title if the recipient ( a ) Review. When funds are made PHA objects in writing to the responsible entity's available for assistance, HUD will publish a performing the review under part 58 , notice of fund availability in the FEDERAL Irrespective of whether the responsible entity in REGISTER in accordance with the requirements accord with part 58 (or HUD in accord with part of 24 CFR part 4 . Applications will be reviewed 50) performs the environmental review, the and screened in accordance with the guidelines, recipient shall supply all available, relevant rating criteria and procedures published in the information necessary for the responsible entity notice. (or HUD, if applicable) to perform for each property any environmental review required by this part. www . hud. gov cspanol . hud. gov Page 11 Oft. of Asst. Secy ., Comm . Planning, Develop., HUD § 582. 305 The recipient also shall carry out mitigating ( 2 ) To the maximum extent practicable, measures required by the responsible entity (or each recipient must involve homeless individuals HUD, if applicable ) or select alternate eligible and families, through employment, volunteer property . HUD may eliminate from consideration services, or otherwise, in constructing or any application that would require an rehabilitating housing assisted under this part Environmental Impact Statement ( EIS) . and in providing supportive services required ( b ) The recipient, its project partners and under § 582 . 215 of this part. their contractors may not acquire, rehabilitate, ( b ) Ongoing assessment of housing and convert, lease , repair, dispose of, demolish , or supportive services . Each recipient of assistance construct property for a project under this part, must conduct an ongoing assessment of the or commit or expend HUD or local funds for housing assistance and supportive services such eligible activities under this part, until the required by the participants, and make responsible entity ( as defined in § 58 . 2 of this adjustments as appropriate. title) has completed the environmental review (c) Adequate supportive services. Each procedures required by part 58 and the recipient must assure that adequate supportive environmental certification and RROF have been services are available to participants in the approved or HUD has performed an program . environmental review under part 50 and the (d ) Records and reports . ( 1 ) Each recipient recipient has received HUD approval of the must keep any records and, within the property . HUD will not release grant funds if the timeframe required , make any reports ( including recipient or any other party commits grant those pertaining to race, ethnicity, gender, and funds ( i . e . , incurs any costs or expenditures to disability status data ) that HUD may require. be paid or reimbursed with such funds) before ( 2 ) Each recipient must keep on file, and the recipient submits and HUD approves its make available to the public on request, a RROF ( where such submission is required) . description of the procedures used to select [68 FR 56130, Sept. 29, 20031 sponsors under the SRA component and buildings under the SRO, SRA, and PRA components. Subpart D- Program Requirements (3 ) Each recipient must develop, and make available to the public upon request, its § 582 . 300 General operation . procedures for managing the rental housing (a ) Participation of homeless individuals . assistance funds provided by HUD . At a ( 1 ) Each recipient must provide for the minimum, such procedures must describe how consultation and participation of not less than units will be identified and selected ; how the one homeless individual or formerly homeless responsibility for inspections will be handled ; individual on the board of directors or other the process for deciding which unit a participant will occupy; how participants will be placed in , equivalent policy- making entity of the recipient, or assisted in to the extent that the entity considers and finding appropriate housing ; how rent calculations will be made and the amount makes policies and decisions regarding any housing assisted under this part or services for of rental assistance payments determined ; and the participants . This requirement is waived if what safeguards will be used to prevent the misuse of funds . the applicant is unable to meet the requirement and presents a plan , which HUD approves, to (Approved by the Office or Management and Budget under control number 2506-0118) otherwise consult with homeless or formerly [ 58 FR 13892, Mar, 15, 1993, as amended at 61 FR 51171, Sept. 30, homeless individuals in considering and making 19961 such policies and decisions. Participation by § 582.305 Housing quality standards; such an individual who also is a participant rent reasonablenesse under the program does not constitute a conflict of interest under § 582 . 340( b ) of this part. (a ) Housing quality standards . Housing assisted under this part must meet the www , hud. gov espanol . hud. gov Page 12 § 582.310 24 CFR Ch . V (4= 1 - 09 Edition ) applicable housing quality standards ( HQS ) ( 2 ) Recipients must examine a participant's under § 982 . 401 of this title-except that § income initially, and at least annually thereafter, 982 . 401 (j ) of this title does not apply and to determine the amount of rent payable by the instead part 35 , subparts A, B, K and R of this participant. Adjustments to a participant's rental title apply-and , for SRO under § 882 . 803 ( b ) of payment must be made as necessary . this title. Before any assistance will be provided ( 3 ) As a condition of participation in the on behalf of a participant, the recipient, or program, each participant must agree to supply another entity acting on behalf of the recipient the information or documentation necessary to ( other than the owner of the housing ) , must verify the participant's income . Participants must physically inspect each unit to assure that the provide the recipient information at any time unit meets the HQS . Assistance will not be regarding changes in income or other provided for units that fail to meet the HQS, circumstances that may result in changes to a unless the owner corrects any deficiencies participant's rental payment. within 30 days from the date of the lease [66 FR 6225, Jan . 19, 2001 ) agreement and the recipient verifies that all deficiencies have been corrected . Recipients § 582 . 315 Occupancy agreementse must also inspect all units at least annually (a ) Initial occupancy agreement. during the grant period to ensure that the units Participants must enter into an occupancy continue to meet the HQS . agreement for a term of at least one month . ( b) Rent reasonableness . HUD will only The occupancy agreement must be provide assistance for a unit for which the rent automatically renewable upon expiration , except is reasonable. For TRA, PRA, and SRA, it is the on prior notice by either party . responsibility of the recipient to determine ( b) Terms of agreement. In addition to whether the rent charged for the unit receiving standard lease provisions, the occupancy rental assistance is reasonable in relation to agreement may also include a provision rents being charged for comparable unassisted requiring the participant to take part in the units, taking into account the location , size, supportive services provided through the type, quality, amenities, facilities, and program as a condition of continued occupancy. management and maintenance of each unit, as well as not in excess of rents currently being charged by the same owner for comparable § 582. 320 Termination of assistance to unassisted units . For SRO, rents are calculated participants. in accordance with 24 CFR 882 . 805 ( g ) . (a ) Termination of assistance. The recipient [ 58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51171, Sept. 30, may terminate assistance to a participant who 1996; 64 FR 50226, Sept. 15, 1999) violates program requirements or conditions of § 582. 310 Resident rent. occupancy. Recipients must exercise judgment and examine all extenuating circumstances in ( a ) Amount of rent. Each participant must determining when violations are serious enough pay rent in accordance with section 3 ( a ) ( 1 ) of to warrant termination , so that a participant's the U . S . Housing Act of 1937 (42 U . S . C. assistance is terminated only in the most severe 1437a ( a )( 1 ) ) , except that in determining the cases. Recipients are not prohibited from rent of a person occupying an intermediate care resuming assistance to a participant whose facility assisted under title XIX of the Social assistance has been terminated . Security Act, the gross income of this person is ( b) Due process . In terminating assistance the same as if the person were being assisted to a participant, the recipient must provide a under title XVI of the Social Security Act. formal process that recognizes the rights of ( b ) Calculating income . ( 1 ) Income of individuals receiving assistance to due process participants must be calculated in accordance of law . This process, at a minimum, must with 24 CFR 5 . 609 and 24 CFR 5 . 611 (a ) . consist of: www . hud. gov espuno [. hud. gov Page 13 Ofc, of Asst. Secy., Comm . Planning, Develop., HUD § 582 . 330 ( 1 ) Written notice to the participant homeless persons must, within the designated containing a clear statement of the reasons for population , comply with the prohibitions against termination ; discrimination against handicapped individuals ( 2 ) A review of the decision, in which the under section 503 of the Rehabilitation Act of participant is given the opportunity to present 1973 ( 29 U . S . C. 794 ) and implementing written or oral objections before a person other regulations at 41 CFR chapter 60- 741 . than the person (or a subordinate of that ( 2 ) The nondiscrimination and equal person ) who made or approved the termination opportunity requirements set forth at part 5 of decision ; and this title are modified as follows : ( 3 ) Prompt written notice of the final ( i ) The Indian Civil Rights Act ( 25 decision to the participant . U . S . C . 1301 et seq . ) applies to tribes when they exercise their powers of self-government, and § 582 . 325 Outreach activities. to IHAs when established by the exercise of Recipients must use their best efforts to such powers . When an IHA is established under ensure that eligible hard - to- reach persons are State law, the applicability of the Indian Civil served by S +C. Recipients are expected to make Rights Act will be determined on a case-by-case sustained efforts to engage eligible persons so basis. Projects subject to the Indian Civil Rights that they may be brought into the program . Act must be developed and operated in Outreach should be primarily directed toward compliance with its provisions and all eligible persons who have a nighttime residence implementing HUD requirements, instead of title that is an emergency shelter or a public or VI and the Fair Housing Act and their private place not designed for, or ordinarily implementing regulations. used as, a regular sleeping accommodation for ( ii ) [Reserved] human beings ( e.g . , persons living in cars, (c) Affirmative outreach . ( 1 ) If the streets, and parks ) . Outreach activities are procedures that the recipient intends to use to considered to be a supportive service, and the make known the availability of the program are value of such activities that occur after the unlikely to reach persons of any particular race, execution of the grant agreement may be color, religion , sex, age, national origin , familial included in meeting the matching requirement. status, or handicap who may qualify for assistance, the recipient must establish § 582. 330 Nondiscrimination and equal additional procedures that will ensure that interested persons can obtain information opportunity requirements. concerning the assistance. (a ) General . Recipients may establish a ( 2) The recipient must adopt procedures to preference as part of their admissions make available information on the existence and procedures for one or more of the statutorily locations of facilities and services that are targeted populations ( i . e. , seriously mentally ill, accessible to persons with a handicap and alcohol or substance abusers, or persons with maintain evidence of implementation of the AIDS and related diseases) . However, other procedures. eligible disabled homeless persons must be ( d ) The accessibility requirements, considered for housing designed for the target reasonable modification, and accommodation population unless the recipient can demonstrate requirements of the Fair Housing Act and of that there is sufficient demand by the target section 504 of the Rehabilitation Act of 1973, as population for the units, and other eligible amended . disabled homeless persons would not benefit from the primary supportive services provided . [ 58 FR 13892, Mar. 15, 1993, as amended at 61 FR 5210, Feb. 9, ( b) Compliance with requirements. ( 1 ) In 1996] addition to the nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5 , recipients serving a designated population of www . hud . gov espanol . hud . gov Piga 14 § 582 . 335 24 CFR Ch . V ( 41 - 09 Edition ) § 582.335 Displacement, relocation, and ( f) Definition of displaced person . ( 1 ) For real property acquisition , purposes of this section , the term "displaced (a ) Minimizing displacement. Consistent person " means a person ( family, individual , with the other goals and objectives of this part, business, nonprofit organization , or farm ) that recipients must assure that they have taken all moves from real property, or moves personal reasonable steps to minimize the displacement property from real property permanently as a of persons ( families, individuals, businesses, direct result of acquisition, rehabilitation, or nonprofit organizations, and farms) as a result demolition for supportive housing project of supportive housing assisted under this part, assisted under this part. The term "displaced ( b) Relocation assistance for displaced person " includes, but may not be limited to : persons. A displaced person ( defined in ( i ) A person that moves permanently from paragraph (f) of this section ) must be provided the real property after the property owner (or relocation assistance at the levels described in , person in control of the site) issues a vacate and in accordance with, the requirements of the notice or refuses to renew an expiring lease, if Uniform Relocation Assistance and Real Property the move occurs on or after: Acquisition Policies Act of 1970 ( URA) (42 U . S. C. (A) The date that the recipient submits to 4601 -4655) and implementing regulations at 49 HUD an application for assistance that is later CFR part 24 , approved and funded, if the recipient has (c) Real property acquisition requirements. control of the project site; or The acquisition of real property for supportive ( B) The date that the recipient obtains housing is subject to the URA and the control of the project site, if such control is requirements described in 49 CFR part 24, obtained after the submission of the application subpart B . to HUD. (d ) Responsibility of recipient. ( 1 ) The ( ii) Any person, including a person who recipient must certify ( i . e. , provide assurance of moves before the date described in paragraph compliance) that it will comply with the URA, (f) ( 1 )( i ) of this section, if the recipient or HUD the regulations at 49 CFR part 24, and the determines that the displacement resulted requirements of this section , and must ensure directly from acquisition , rehabilitation, or such compliance notwithstanding any third demolition for the assisted project. party's contractual obligation to the recipient to ( iii) A tenant-occupant of a dwelling unit comply with these provisions , who moves permanently from the ( 2 ) The cost of required relocation building/complex on or after the date of the assistance is an eligible project cost in the same " initiation of negotiations" (see paragraph ( g) of manner and to the same extent as other project this section) if the move occurs before the costs . Such costs also may be paid for with local tenant has been provided written notice offering public funds or funds available from other him or her the opportunity to lease and occupy sources. a suitable, decent, safe and sanitary dwelling in ( 3 ) The recipient must maintain records in the same building/ complex, under reasonable sufficient detail to demonstrate compliance with terms and conditions, upon completion of the provisions of this section . project. Such reasonable terms and conditions (e) Appeals. A person who disagrees with must include a monthly rent and estimated the recipient' s determination concerning average monthly utility costs that do not exceed whether the person qualifies as a "displaced the greater of: person, " or the amount of relocation assistance (A) The tenant's monthly rent before the for which the person is eligible, may file a initiation of negotiations and estimated average written appeal of that determination with the utility costs, or recipient. A low-income person who is ( B) 30 percent of gross household income. dissatisfied with the recipient's determination on If the initial rent is at or near the maximum , his or her appeal may submit a written request there must be a reasonable for review of that determination to the HUD basis for concluding at the time field office. www. hud. gov espanol . hud . gov Page 15 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582. 340 the project is initiated that future rent increases a displacement is or would be covered under will be modest. this section . ( iv ) A tenant of a dwelling who is required (g ) Definition of initiation of negotiations. to relocate temporarily, but does not return to For purposes of determining the formula for the building/complex, if either : computing the replacement housing assistance (A) A tenant is not offered payment for all to be provided to a residential tenant displaced reasonable out-of- pocket expenses incurred in as a direct result of privately undertaken connection with the temporary relocation , or rehabilitation, demolition , or acquisition of the ( B) Other conditions of the temporary real property, the term " initiation of relocation are not reasonable . negotiations" means the execution of the (v) A tenant of a dwelling who moves from agreement between the recipient and HUD, or the building/complex permanently after he or selection of the project site, if later, she has been required to move to another unit in the same building/complex, if either: § 582. 340 Other Federal requirements. (A) The tenant is not offered In addition to the Federal requirements set forth reimbursement for all reasonable out-of-pocket in 24 CFR part 5, the following requirements expenses incurred in connection with the move; apply to this program : or ( a ) OMB Circulars . ) ( 1 ) The policies, ( B) Other conditions of the move are not guidelines, and requirements of OMB Circular reasonable . No . A-87 (Cost Principles Applicable to Grants, (2) Notwithstanding the provisions of Contracts and Other Agreements with State and paragraph (f) ( 1 ) of this section, a person does Local Governments) and 24 CFR part 85 apply not qualify as a "displaced person " ( and is not to the acceptance and use of assistance under eligible for relocation assistance under the URA the program by governmental entities, and OMB or this section ), if: Circular Nos. A- 110 (Grants and Cooperative ( i ) The person has been evicted for serious Agreements with Institutions of Higher or repeated violation of the terms and Education , Hospitals, and Other Nonprofit conditions of the lease or occupancy agreement, Organizations) and 24 CFR part 84 and A- 122 violation of applicable Federal, State, or local or (Cost Principles Applicable to Grants, Contracts tribal law, or other good cause, and HUD and Other Agreements with Nonprofit determines that the eviction was not undertaken Institutions) apply to the acceptance and use of for the purpose of evading the obligation to assistance by private nonprofit organizations, provide relocation assistance; except where inconsistent with provisions of the ( ii) The person moved into the property McKinney Act, other Federal statutes, or this after the submission of the application and, part. before signing a lease and commencing ( 2 ) The financial management systems occupancy, was provided written notice of the used by recipients under this program must project, its possible impact on the person ( e. g . , provide for audits in accordance with the the person may be displaced, temporarily provisions of 24 CFR part 44. Private nonprofit relocated, or suffer a rent increase) and the fact organizations who are subrecipients are subject that the person would not qualify as a to the audit requirements of 24 CFR part 45 . "displaced person " (or for any assistance HUD may perform or require additional audits as provided under this section), if the project is it finds necessary or appropriate . approved; ( b) Conflict of interest. ( 1 ) In addition to ( iii) The person is ineligible under 49 CFR the conflict of interest requirements 24 . 2 (g )( 2 ); or ( iv) HUD determines that the person was not displaced as a direct result of acquisition, 1 Copies of OMB Orculars may be obtained from E.O. P. Publications, rehabilitation or demolition for the project. room 2200, New Executive Office Building, Washington, Dc 20503, p telephone (202) 395- 7332 . ( This is not a toll-free number. ) There is ( 3 ) The recipient may request, at any time, a limit of two free copies. HUD's determination of whether www , hud. gov cspanol . hud. gov Page 16 § 582. 400 24 CFR Ch. V (4- 1 - 09 Edition ) in 24 CFR part 85 , no person who is an such person to receive generally the same employee, agent, consultant, officer, or elected interests or benefits as are being made available or appointed official of the recipient and who or provided to the group or class; exercises or has exercised any functions or ( iii) Whether the affected person has responsibilities with respect to assisted withdrawn from his or her functions or activities, or who is in a position to participate in responsibilities, or the decisionmaking process a decisionmaking process or gain inside with respect to the specific assisted activity in information with regard to such activities, may question ; obtain a personal or financial interest or benefit (iv) Whether the interest or benefit was from the activity, or have an interest in any present before the affected person was in a contract, subcontract, or agreement with position as described in paragraph ( b)( 1 ) of this respect thereto, or the proceeds thereunder, section ; either for himself or herself or for those with (v) Whether undue hardship will result whom he or she has family or business ties, either to the recipient or the person affected during his or her tenure or for one year when weighed against the public interest served thereafter. Participation by homeless individuals by avoiding the prohibited conflict; and who also are participants under the program in (vi ) Any other relevant considerations , policy or decisionmaking under § 582 . 300 of this part does not constitute a conflict of interest. [58 FR 13892, Mar. 15, 1993, as amended at 61 FR 5210, Feb . 9, ( 2 ) Upon the written request of the 1996; 61 FR 51171, Sept. 30, 1996; 62 FR 13539, Mar. 21, 1997] recipient, HUD may grant an exception to the provisions of paragraph ( b) ( 1 ) of this section on Subpart E -Administration a case- by-case basis when it determine that the § 582.400 Grant agreement. exception will serve to further the purposes of the program and the effective and efficient ( a ) General . The grant agreement will be administration of the recipient's project. An between HUD and the recipient. HUD will hold exception may be considered only after the the recipient responsible for the overall recipient has provided the following : administration of the program, including ( i) For States, units of general local overseeing any subrecipients or contractors . governments, PHAs and IHAs, a disclosure of Under the grant agreement, the recipient must the nature of the conflict, accompanied by an agree to operate the program in accordance assurance that there has been public disclosure with the provisions of this part and other of the conflict and a description of how the applicable HUD regulations , public disclosure was made; and ( b) Enforcement. HUD will enforce the ( ii ) For all recipients, an opinion of the obligations in the grant agreement through such recipient's attorney that the interest for which action as may be necessary, including the exception is sought would not violate State recapturing assistance awarded under the or local law . program . ( 3 ) In determining whether to grant a requested exception after the recipient has § 582 . 405 Program changes. satisfactorily met the requirement of paragraph ( a ) Changes . HUD must approve, in writing, any ( b ) ( 2) of this section , HUD will consider the significant changes to an approved program . cumulative effect of the following factors, where Significant changes that require approval applicable : include, but are not limited to, a change in ( i ) Whether the exception would provide a sponsor , a change in the project site for SRO or significant cost benefit or an essential degree of PRA with rehabilitation projects, and a change expertise to the project which would otherwise in the type of persons with disabilities to be not be available; served . Depending on the nature of the change, ( ii ) Whether the person affected is a HUD may require a new certification of member of a group or class of eligible persons consistency with the CHAS ( see § 582 . 120) o and the exception will permit www , hud. gov espanol . hud. gov Page 17 Ofc. of Asst. Secy., Comm . Planning, Develop., HUD § 583 . 1 ( b ) Approval . Approval for such changes is contingent upon the application ranking remaining high enough to have been competitively selected for funding in the year the application was selected . § 582. 410 Obligation and deobligation of funds. ( a ) Obligation of funds . When HUD and the applicant execute a grant agreement, HUD will obligate funds to cover the amount of the approved grant . The recipient will be expected to carry out the activities as proposed in the application . After the initial obligation of funds, HUD is under no obligation to make any upward revisions to the grant amount for any approved assistance. ( b ) Deobligation . ( 1 ) HUD may deobligate all or a portion of the approved grant amount if such amount is not expended in a timely manner, or the proposed housing for which funding was approved or the supportive services proposed in the application are not provided in accordance with the approved application , the requirements of this part, and other applicable HUD regulations . The grant agreement may set forth other circumstances under which funds may be deobligated, and other sanctions may be imposed . ( 2) HUD may readvertise, in a notice of fund availability, the availability of funds that have been deobligated, or may reconsider applications that were submitted in response to the most recently published notice of fund availability and select applications for funding with the deobligated funds . Such selections would be made in accordance with the selection process described in § 582 . 220 of this part. Any selections made using deobligated funds will be subject to applicable appropriation act requirements governing the use of deobligated funding authority . (Approved by the Office of Management and Budget under control number 2506-0118) www . hud . gov espanol . hud. gov Page 18 The 2011 Amendments to the Shelter Plus Care Codified Regulation Billing Code 4210-67 PART 582- SHELTER PLUS CARE PROGRAM ( 2 ) An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition , may 3 . The authority citation for 24 CFR part be considered to have a developmental disability without meeting three or more of the 582 continues to read as follows : criteria described in paragraphs ( 1 ) ( i) through Authority: 42 U . S . C. 3535(d ) , and ( v) of the definition of "developmental disability " 11403- 11407b. in this section if the individual, without services and supports, has a high probability of meeting 4. In § 582 . 5, the definition of Homeless or those criteria later in life. homeless individual " is removed, the definitions of " Developmental disability ' and " Homeless" are added, and the definition of " Person with disabilities " is revised to read as follows : Homeless means : ( 1 ) An individual or family who lacks a fixed, regular, and adequate nighttime residence, 4582 . 5 Definitions. meaning : * * * * ( i) An individual or family with a primary nighttime residence that is a public or private Developmental disability means, as defined place not designed for or ordinarily used as a in section 102 of the Developmental Disabilities regular sleeping accommodation for human Assistance and Bill of Rights Act of 2000 ( 42 beings, including a car, park, abandoned U . S . C. 15002) : building, bus or train station, airport, or ( 1 ) A severe, chronic disability of an individual camping ground ; that- ( ii ) An individual or family living in a ( i ) Is attributable to a mental or physical supervised publicly or privately operated shelter impairment or combination of mental and designated to provide temporary living physical impairments; arrangements ( including congregate shelters, ( ii) Is manifested before the individual transitional housing, and hotels and motels paid attains age 22 ; for by charitable organizations or by federal , state, or local government programs for ( iii) Is likely to continue indefinitely; low- income individuals) ; or ( iv ) Results in substantial functional ( iii ) An individual who is exiting an institution limitations in three more of the following where he or she resided for 90 days or less and areas of major life activity : who resided in an emergency shelter or place (A) Self-care; ( B) Receptive and expressive language ; not meant for human habitation immediately before (C) Learning ; entering that institution ; ( D) Mobility; ( 2) An individual or family who will imminently ( E) Self-direction ; ( F) Capacity for independent living ; lose their primary nighttime residence, provided that : (G) Economic self- sufficiency; and ( v) Reflects the individual's need for a (i ) The primary nighttime residence will be combination and sequence of special, lost within 14 days of the date of application for homeless assistance ; interdisciplinary, or generic services, ( ii ) No subsequent residence has been individualized supports, or other forms of identified ; and assistance that are of lifelong or extended ( iii ) The individual or family lacks the duration and are individually planned and resources or support networks, e. g . , family, coordinated . friends, faith - based or other social networks, needed to obtain other permanent housing ; tvww . hud. gov espanol . hud. gov Page 19 ( 3 ) Unaccompanied youth under 25 years of age, or families with children and youth , who do Person with disabilities means a household not otherwise qualify as homeless under this composed of one or more persons at least one definition , but who: of whom is an adult who has a disability . ( i ) Are defined as homeless under section ( 1 ) A person shall be considered to have a 387 of the Runaway and Homeless Youth Act disability if he or she has a disability that: (42 U . S . C. 5732a ), section se io the Head (i ) Is expected to be long continuing or of Start Act (42 U . S . C. 9832), section 41403 of the indefinite duration ; Violence Against Women Act of 1994 (42 U . S . C. ( ii ) Substantially impedes the individual's 14043e- 2), section 330( h ) of the Public Health ability to live independently ; Service Act (42 U . S .C . 254b( h ) ) , section 3 of the Could be improved by the provision of . . ) Food and Nutrition Act of 2008 (7 U . S. C. 2012) , (.iii more suitable housing conditions; and section 17( b) of the Child Nutrition Act of 1966 (iv) Is a physical , mental , or emotional (42 U . S . C. 1786( b ) ) , or section 725 of the impairment, including an impairment caused by McKinney-Vento Homeless Assistance Act (42 alcohol or drug abuse, post-traumatic stress U . S . C . 11434a ) ; disorder, or brain injury . (ii ) Have not had a lease , ownership ( 2) A person will also be considered to have a interest, or occupancy agreement in permanent disability if he or she has a developmental housing at any time during the 60 days disability, as defined in this sections immediately preceding the date of application ( 3 ) A person will also be considered to have a for homeless assistance; disability if he or she has acquired (iii ) Have experienced persistent instability immunodeficiency syndrome (AIDS) or any as measured by two moves or more during the conditions arising from the etiologic agent for 60-day period immediately preceding the date acquired immunodeficiency syndrome, including of applying for homeless assistance ; and infection with the human immunodeficiency (iv) Can be expected to continue in such virus (HIV) . status for an extended period of time because (4 ) Notwithstanding the preceding provisions of chronic disabilities ; chronic physical health or of this definition, the term person with bstance addiction ; disabilities includes, except in the case the mental health conditions ; su histories of domestic violence or childhood SRO component, two or more persons with abuse (including neglect) ; the presence of a disabilities living together, one or more such child or youth with a disability , or two or more persons living with another person who is barriers to employment, which include the lack determined to be important to their care or of a high school degree or GeneralEnglish on well - being , and the surviving member or Development (GED) , illiteracy, members of any household described in the first proficiency, a history of incarceration or sentence of this definition who were living , in a detention for criminal activity, and a history of unit assisted under this part, with the deceased unstable employment; or member of the household at the time of his or (4 ) Any individual or family who : her death . (In any event, with respect to the ( i ) Is fleeing , or is attempting to flee, surviving member or members of a household , domestic violence, dating violence, sexual the right to rental assistance under this part will assault, stalking , or other dangerous or terminate at the end of the grant period under life-threatening conditions that relate to which the deceased member was a participant. ) violence against the individual or a family member, including a child , that has either taken place within the individual' s or family's primary nighttime residence or has made the individual 5. A new § 582 . 301 is added to read as or family afraid to return to their primary follows :582 301 Resordkeeoina . nighttime residence ; (ii) Has no other residence; and (iii ) Lacks the resources or support (a ) [ Reserved . ] networks , e . g . , family, friends, and faith- based or other social networks, to obtain other permanent housing . Page 20 www , hud . gov espanol .hud. gov Where the evidence in paragraph ( b) Homeless status . The recipient ( b) (2) (i ) of this section is not obtainable, a must maintain and follow written intake written record of the intake worker' s due procedures to ensure compliance with the diligence in attempting to obtain the evidence homeless definition in § 582 . 5 . The procedures described in paragraph ( b ) ( 2 ) (i ) and akin assistance must require documentation at intake of the certification by the individual seeking evidence relied upon to establish and verify that states he or she is exiting or has just exited homeless status. The procedures must establish an institution where he or she resided for 90 the order of priority for obtaining evidence as days or less . third- party documentation first, intake worker ( 3 ) If the individual or family qualifies as observations second , and certification from the of the homeless homeless under paragraph ( 2) he individual or person seeking assistance third . However, lack definition in § 582 . 5 , because t of third - party documentation must not prevent family will imminently lose their housing , the an individual or family from being immediately evidence must include : admitted to emergency shelter, receiving street (i ) (A) A court order resulting from an outreach services, or being immediately eviction action that requires the individual or admitted to shelter or receiving services family to leave their residence within 14 days provided by a victim service provider, as defined after the date of their application for homeless in section 401 (32) of the McKinney4ento assistance; or the equivalent notice under Homeless Assistance Act, as amended by the applicable state law, a Notice to Quit, or a HEARTH Act. Records contained in an HMIS or Notice to Terminate issued under state laws comparable database used by victim service or ( g) For individuals and families whose legal service providers are acceptable evidence primary nighttime residence is a hotel or motel of third- parry documentation and intake worker room not paid for by charitable organizations or observations if the HMIS retains an auditable federal , state, or local government programs for history of all entries, including the person who low-income individuals, evidence that the entered the data , the date of entry , and the individual or family lacks the resources change made ; and if the necessary to reside there for more than 14 days HMIS prevents overrides or changes of the after the date of application for homeless dates entries are madea assistance ; or the individual or ( 1 ) If the individual or family qualifies as (C) An oral statement by homeless under paragraph ( 1 ) (i ) or (ii ) of the head of household that the owner or renter of homeless definition in § 582 . 5 , acceptable the housing in which they currently reside will evidence includes a written observation by an not allow them to stay for more than 14 days outreach worker of the conditions where the after the date of application for homeless individual or family was living , a written referral assistance . The intake worker must record the by another housing or service provider, or a statement and certify that it was found credible. certification by the individual or head of To be found credible, the oral statement must household seeking assistance . either : ( I) be verified by the owner or renter of ( 2) If the individual qualifies as homeless the housing in which the individual or family under paragraph ( 1 ) ( i ) ii of the homeless resides at the time of application for homeless " definition in § 582 . 5 , because he or she resided assistance and be documented by a written in an emergency shelter or place not meant for certification by the owner or renter or by the human habitation and is exiting an institution intake workers recording of the owner or renters oral statement; or ( II) if the intake where he or she resided for 90 days or less, , acceptable evidence includes the evidence worker is unable to contact the owner or renter, described in paragraph (b ) ( 1 ) of this section be documented by a written certification by the and one of the following intake worker of his or her due diligence in (i) Discharge paperwork or a written or oral attempting to obtain the owner or renter' s referral from a social worker, case manager, or verification and the written certification by the other appropriate official of the institution , individual or head of household seeking stating the beginning and end dates of the time assistance that his or her statement was true residing in the institution . All oral statements and complete ; must be recorded by the intake worker; or Page 21 www . hud . gov espanol . hud . gov ( ii ) Certification by the individual or head of statements or records are unobtainable, a household that no subsequent residence has written record of the intake worker's due been identified ; and diligence in attempting to obtain these ( iii ) Certification or other written statements or records . Where a move was due documentation that the individual or family to the individual or family fleeing domestic lacks the resources and support networks violence, dating violence, sexual assault, or needed to obtain other permanent housing . stalking, then the intake worker may (4) If the individual or family qualifies as alternatively obtain a written certification from homeless under paragraph (3 ) of the homeless the individual or head of household seeking definition in § 582 . 5, because the individual or assistance that they were fleeing that situation family does not otherwise qualify as homeless and that they resided at that address; and under the homeless definition but is an ( iv) For paragraph ( 3 )( iv) of the homeless unaccompanied youth under 25 years of age, or definition in § 582 . 5, written diagnosis from a homeless family with one or more children or professional who is licensed by the state to youth, and is defined as homeless under diagnose and treat that condition ( or intake another Federal statute or section 725( 2) of the staff- recorded observation of disability that McKinneyVento Homeless Assistance Act (42 within 45 days of the date of application for U . S . C. 11434a( 2 )), the evidence must include : assistance is confirmed by a professional who is ( i ) For paragraph ( 3 )( i ) of the licensed by the state to diagnose and treat that homeless definition in § 582 . 5, certification condition ) ; employment records; department of of homeless status by the local private nonprofit corrections records, literacy, English proficiency organization or state or local governmental tests ; or other reasonable documentation of the entity responsible for administering assistance conditions required under paragraph (3 ) ( iv) of under the Runaway and Homeless Youth Act the homeless definition . (42 U . S. C . 5701 et seq . ), the Head Start Act (42 ( 5 ) If the individual or family qualifies under U . S . C . 9831 et seq . ), subtitle N of the Violence paragraph (4 ) of the homeless definition in § Against Women Act of 1994 (42 U . S . C . 14043e 582 . 5, because the individual or family is fleeing et seq . ), section 330 of the Public Health domestic violence, dating violence, sexual Service Act (42 U . S . C . 254b), the Food and assault, stalking, or other dangerous or Nutrition Act of 2008 ( 7 U . S . C. 2011 et seq . ) , life-threatening conditions related to violence, section 17 of the Child Nutrition Act of 1966 (42 then acceptable evidence includes an oral U . S. C . 1786 ) , or subtitle B of title VII of the statement by the individual or head of McKinney-Vento Homeless Assistance Act (42 household seeking assistance that they are U . S . C . 11431 et seq . ), as applicable; fleeing that situation , that no subsequent ( ii ) For paragraph ( 3 ) ( ii ) of the homeless residence has been identified , and that they definition in § 582 . 5, referral by a housing or lack the resources or support networks, e . g . , service provider, written observation by an family, friends, faith - based or other social outreach worker, or certification by the networks, needed to obtain other housing . If homeless individual or head of household the individual or family is receiving shelter or seeking assistance; services provided by a victim service provider, ( iii ) For paragraph (3 )( iii ) of the homeless as defined in section 401 ( 32 ) of the definition in § 582. 5 , certification by the McKinney-Vento- Homeless Assistance Act, as individual or head of household and any amended by the HEARTH Act, the oral available supporting documentation that the statement must be documented by either a individual or family moved two or more times certification by the individual or head of during the 60-day period immediately preceding household, or a certification by the intake the date of application for homeless assistance, worker. Otherwise, the oral statement that the including : recorded statements or records individual or head of household seeking obtained from each owner or renter of housing, assistance has not identified a subsequent provider of shelter or housing, or social worker, residence and lacks the resources or support case worker, or other appropriate official of a networks, e. g . , family, friends, faith - based or hospital or institution in which the other social networks, needed to obtain housing individual or family resided ; or, where these must be documented by a certification by the www , hud. gov cspanol . hud. gov Page 22 individual or head of household that the oral statement is true and complete, and , where the safety of the individual or family would not be jeopardized , the domestic violence, dating violence, sexual assault, stalking or other dangerous or life-threatening condition must be verified by a written observation by the intake worker or a written referral by a housing or service provider, social worker, health-care provider, law enforcement agency, legal assistance provider, pastoral counselor, or any other organization from whom the individual or head of household has sought assistance for domestic violence, dating violence, sexual assault, or stalking . The written referral or observation need only include the minimum amount of information necessary to document that the individual or family is fleeing , or attempting to flee domestic violence , dating violence, sexual assault, and stalking . (c) Disability . - Each recipient of assistance under this part must maintain and follow written intake procedures to ensure that the assistance benefits persons with disabilities, as defined in § 582 . 5 . In addition to the documentation required under paragraph ( b ), 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 ; Written verification from the Social Security Administration ; ( 2 ) The receipt of a disability check ( e . g . , Social Security Disability Insurance check or Veteran Disability Compensation ) ; ( 3 ) 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 ; or (4) Other documentation approved by HUD4 www . hud. gov espanol .hud. gov Page 2i EXHIBIT 2 TENANT - BASED RENTAL ASSISTANCE (TRA ) 1 . The Recipient is Boley Centers , Inc . . 2 . MUD agrees , subject to the terms of the Agreement , to provide the Grant Funds in the ications amount specified below for the approved or p ojectots f tenant baribesed rent in thepassistance . HUD' s total funding obligation is $ 65 , 3 . The term of this Grant Agreement shall be one ( 1 ) year. One-year renewal grants cannot be extended and unobligated balances will be recaptured by HUD at the end of the grant period . 4 . Recipient shall receive aggregate amounts of Grant Funds o the United t to exceed the apprtes o risang Act te existing housing fair market rental value under See . 8 ( c ) ( ) of 1937 in effect at the time the Application was approved . This fair market rent may be higher or lower than the fair market rent in effect at the time of application submission . 5 . The effective date of the Agreement shall be the expiration of the prior grant that is being renewed (applicable only to renewals of grants whose terms have not been extended) . 6 . HUD and the Recipient entered into hgr rantnt gnumbers and amount of fundreements that are herein s being trdansfdinto erred one grant with the renewal grant . g into this Agreement are : Empty Report Page 24 www . hud. gov cspanol . hud. gov