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HomeMy WebLinkAbout2012-213 t 0A4 � a QP0 OENr °Fti° U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street v ` r Suite 1015 Jacksonville, FL 32202 G�egN ° REVS\ Grant Number: FL0418B4HO91100 Project Name: FL-509 an NEW - 2011HMISDataQuality Total Award Amount: $ 58,000 Component: HMIS Recipient: Indian River County Board of County Commissioners Contact Person and Title: Bradley Bernauer, Dir. County Human Services Telephone Number: (772) 5674000 Fax Number: (772) 567-5991 E-mail Address : tchscinc office@bellsouth.net EIN/Tax ID Number: 59-6000674 DUNS Number: 079208989 Project Location(s) : I 2011 SUPPORTIVE HOUSING PROGRAM / GRANT AGREEMENT = New This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Indian River County Board of County Commissioners (the Recipient). 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 part 583 , which is attached hereto and made a part hereof as Attachment Be the changes made by the Homeless Definition Rule that is at the end of Attachment Be 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 hW://archives .hud. gov/funding/ 2011 /fundsavail.cfin. The term "Application" means the application submissions on the basis of which HUD, including the certifications and assurances 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. www.hud.gov espanol.hud.gov Page 1 E The Recipient must provide a 25 percent cashmatch 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. If the Recipient is a State or other governmental entity required to assume environmental responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be incurred before the completion of such responsibilities and HUD approval of any required Request for Release of Funds . 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. If, in the application, the Recipient indicated that activities in any project will be carried out in an Empowerment Zone, an Enterprise Community, or an Enhanced Enterprise Community, as designated by HUD or the Department of Agriculture, the Recipient agrees to give priority placement in that project to eligible persons whose last known address was within the designated EZ/EC area or who are homeless persons living on the streets or in shelters within the designated areas . HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No change may be made to the project nor any li right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. 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 generalpartner 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. For any project receiving funds for acquisition, construction or rehabilitation, the following applies . www.hud.gov espanol.hud.gov Page 2 I� I - -- -- - - r The Recipient is required to execute and file for record a deed restriction, covenant running with the land or similar arrangement that will assure to HUD's satisfaction, compliance with the twenty-year term of commitment and a lien against the property, in a form to be approved by HUD, to secure HUD's interest in the repayment of the grant. If the Recipient and/or subrecipient wishes to sell or otherwise dispose of the assisted real property, they must request and receive written approval from the Department to dispose of the real property, advertise that disposition conditions apply to the assisted property, and abide by any other terms or conditions prescribed by HUD in the approval letter. For projects involving acquisition, compliance with the recording requirement must be documented before release of any funds other than acquisition funds. For projects involving new construction or rehabilitation activities, compliance must be documented prior to the first release of federal funds . Evidence will be an original, executed document, in a form satisfactory to HUD, accompanied by a recording receipt. Upon . completion of recordation, Recipient will provide HUD with an original, executed, recorded 'document. 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 (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the programs 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. www.hud.gov espanol.hud.gov Page 3 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. Recipients of assistance for acquisition, rehabilitation, or new construction shall file a certification of continued use for supportive housing for each year of the 20-year period from the date of initial occupancy. If the Recipient's application received a selection priority for projects located in 100 percent rural areas, projects must serve 100 percent rural counties, or county equivalents, HUD will not agree to amend this Grant Agreement to authorize projects outside of a qualifying 100 percent rural county, or county equivalent. 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 2 CFR Part 25 (final guidance entitled Financial Assistance Use of Universal Identifier and Central Contractor Registration, published September 149 2010 at 75 FR 55671 ) and Appendix A to 2 CFR Part 170 (interim final guidance entitled Requirements for Federal Funding Accountability and Transparency Act Implementation, published September 14, 2010 at 75 FR 55663 ) . 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. www.hud.gov espanol.hud.gov Page 4 I SIGNATURES This Grant Agreement is hereby executed as follows : UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: November 8, 2012 Signature aAft Date Gary Causev Prinf name of signatory Director Title ' RECIPIENT BCC Approved : December 4 , 2012 P6dAAypyy6 Indian River County Board of County Commissioners • Name of Organization 4` Bye • Alw Arize Signature an Date t name of signatory Chairman Title APPROVED AS TO FORM AND LEGAL SUFFIC Y BY ICH COWOLAC ATTORNEY www.hud.gov espanol.hud.gov Page 5 ? I ATTACHMENT A 1 . The Recipient is Indian River County Board of County Commissioners , 2. HUD's total fund obligation for this project is $58 ,000, which shall be allocated as follows : a. Acquisition $0 b . . New construction $ 0 a Rehabilitation $0 & Leasing $0 e. Supportive services $0 , f. Operating costs $0 g. IMS $ 589000 h. Administration $0 3 . Although this agreement will become effective only upon the execution hereof.by both parties, the term of this agreement shall run for a period of 24 months, unless the grant includes, funds for acquisition, construction or rehabilitation, in which case the term of this grant agreement shall run for a period of 27 months . _ www.hud.gov espanol.hud.gov Page 6 i - ATTACHMENT B Oft. of Asst. Secy., Comm. Planning, Develop ., HUD § 583. 1 583 . 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. 583 .325 Nondiscrimination and equal opportunity requirements. 583 .330 Applicability of other Federal requirements. . Subpart E -Administration 583 .400 Grant agreement. 583 .405 Program changes. 583 .410 Obligation and deobligation of funds. AUTHORITY: 42 U .S.C. 11389 and 3535(d) . PART 583= SUPPORTIVE HOUSING 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. (a) . General . The Supportive Housing Subpart SwAssistance Provided Program is authorized by title N 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. 1138141389) . 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. approaches to assist homeless persons in the 583 . 130 Commitment of grant amounts for transition from homelessness, and to promote leasing, supportive services, and operating costs@ www.hud.gov espanol.hud.gov Page 7 § 583. 5 24 CFR Ch. V (4=1-09 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 long= grant under 24 CFR part 570, subpart D. 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 long- Operating costs is defined in section 422(5) 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)) . [58 FR 13871, Mar. 15, 1993, as amended at 61 Permanent housing for homeless persons FR 51175, Sept. 30, 1996] with disabilities is defined in section 424(c) of 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)1 Date of initial occupancy means the date 11384(d )) m 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 )) . 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 floor area by more than 100 percent. first provided to the residents of supportive Rehabilitation does not include minor or routine housing with funding under this part. Date. of initial service provision means the . repairs. date that supportive services are initially State is defined in section 422( 11) of the McKinney Act (42 U .S.C. 11382( 11)) . provided with funds under this part to homeless persons who do not reside in supportive Supportive housing is defined in section housing . This definition applies only to projects 11384 the McKinney Act (42U. S .C. ) funded under this part that do not provide 113 . Supportive services is defined in section 425 supportive housing . 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 . 3000) 9 www.hud.gov espanol.hud.gov Page 8 Oft. 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, 19(A] 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 to : part 570, subpart D. ( 1 ) Pay a portion of thecost of the [61 FR 51175, Sept. 30, 19%] 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 cost- supportive housing, and supportive services, as P 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 I of the cost of acquisition assistance . (3) Pay a porti (b) Uses of grant assistance. Grant i 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 mp (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 r (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 cost. 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 www.hud.gov espanol.hud.gm Page 9 § 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 I 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, ]u 1y, 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-reci lent landlord for an damages to [58 FR 13871, Mar, 15, 1993, as amended at 61 FR 51175, Sept. 30, p y g 1996; 65 FR 30823, May 12, leased units by homeless participants. 2000] [58 FR 13871, Mar, 15, 1993, as amended at 59 FR 36891, ]u ly 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 covering assistance for leasing, supportive actual costs of supportive services for homeless 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 flue the recipient or by arrangement with public or operating years. The private service providers, www.hud.gov espanol.hud.gov Page 10 f _ - Oft. 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 a agreements, when necessary, to implement the (Approved by the office of Management and Budg et under OMB technical assistance. control, number 2506-0112) [59 FR 36891, July 19, 19941 [59 FR 36892, Ju ty 19, 1994] § 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 13871, Mar. , 1993, as amended at 61 FR 51175, Sept. 30, from which Supportive Housing Program funds 1996] are provided), as well as State, local, and § 583. 140 Technical assistancess private sources, provided that funds from the (a) Generali HUD may set aside funds other source are not statutorily prohibited to be used as a match . It is the responsibility of the annually to provide technical assistance, either directly by HUD staff or indirectly through third- recipient to ensure that any funds used to 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 promotin 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, zoos] (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 government funds used to supplement this housing projects. The assistance may include, assistance) may be used to replace State or but is not limited to, written information such as local funds previously used, or designated for papers, monographs, manuals, guides, and use, to assist homeless persons. brochures, person4o- person exchanges; and training and related costs. (b) Faith-based activities. ( 1) Organizations trainthat are religious or faith- based are eligible, on (in Selection of providers. From time to time, as HUD determines the need, the same basis as any other organization, to participate in www.hud.gov espanol.hud.gov Page 11 § 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 Program - services. funded improvements. Disposition of real (3) A religious organization that 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, 20031 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 www.hud.gov espanol.hud.gov Page 12 Oft. 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 51176, 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 a 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 [6o FR 16380, Mar. 30, 199s� 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 www.hud.gov espanol.hud.gov Page 13 § 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 of project site. recipients must submit a request for such funding in the form specified by. HUD, must (2) HUD reserves the right to reject a request from any organization with an meet the requirements of this part, and must submit requests within the time period outstanding obligation to HUD that is in arrears or for which a payment schedule has not been established by HUD. (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 that the request has been approved or period and ten years from the date of initial occupancy or the date of initial service disapproved . provision, as applicable. Any subsequent (Approved by the Office of Management and Budg et 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 ng or services. request for renewal and will evaluate the (b) Habitability standards. Except for such recipient's performance in previous years variations 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 . meet the following requirements: HUD will approve the request for renewal unless t ( 1) Structure and materials. The structures he recipient proposes to serve a population must be structurally sound so as not to pose that is not homeless, or the recipient has not Shown adequate progress as evidenced by an any threat to the health www.hud.gov espanol.hud.gov Page 14 f r Ok. 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. includ& but .are not limited to, laundry rooms, (3) Space and security. Each resident must commbnity 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 P 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 PW 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. (1) 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 www.hud.gov espanol.hud.gov Page 15 MENNEN § 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 Budg et under control number 2506=0112) recipient may terminate assistance to a [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, Ju ly 19, participant who violates program requirements. 1994; 61 FR 51176, Sept. 30, 19%] Recipients should terminate assistance only in the most severe cases. Recipients may resume repayment Term of commitment; r assistance to a participant whose assistance was repayment previously terminated . In terminating assistance of grants; prevention of undue 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)) @ 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 161 FR 51176, Sept. 30, 19%] decision to the participant. § 583.310 Displacement, relocation, and (j) Limitation of stay in transitional acquisition. housing , A homeless individual or family may 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 fora nonprofit organizations, and farms) as a result transitional housing project if more than half of of supportive housing assisted under this part. the homeless www.hud.gov espanol.hud.gov Page 16 i r 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 46014655) and implementing regulations at 49 relocation assistance, if the move occurs. on or CFR part24. 1 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)(1) 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 nitration of negotiations and estimated average whether the person qualifies as a "displaced utility costs, or income. If the initial rent is at or person," or the amount of relocation assistance near the maximum, there must be a reasonable for which the person is eligible, may file a basis for concluding at the time the project is written appeal of that determination with the initiated that future rent increases will be recipient. A low-income person who is modest. dissatisfied with the recipient's determination on (iv) A tenant of a dwelling who is required to his or her appeal may submit a written request relocate temporarily, but does not return to the for review of that determination to the HUD building/complex, if either. field office. (A) A tenant is not offered payment for all (f) Definition of displaced person . ( 1) For reasonable out-of-pocket expenses incurred in purposes of this section, the term "displaced connection with the temporary relocation, or person" means a person (family, individual, (B) Other conditions of the temporary business, nonprofit organization, or farm) that relocation are not reasonable. moves from real property, or moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects assisted under this www.hud.gov espanol.hud.gov Page 17 i § 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 HUD . 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 (B) Other conditions of the move are not essential to the others, are considered a single reasonable, project, whether or not all component activities (2) . Notwithstanding the provisions of receive assistance under this part, paragraph (f)( 1) of this section, a person does [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, Ju ly 19, not qualify as a "displaced person" (and is not 1994] eligible for relocation assistance under the URA or this section), if: § 583.315 Resident rent. (i) . The person has been evicted for serious (a) Calculation of resident rent. Each or repeated violation of the terms and resident of supportive housing may be required conditions of the lease or occupancy agreement, to pay as rent an amount determined by the violation of applicable Federal, State, or local or recipient which may not exceed the highest of: tribal law, or other good cause, and HUD ( 1 ) 30 percent of the family's monthly determines that the eviction was not undertaken adjusted income (adjustment factors include the for the purpose of evading the obligation to number of people in the family, age of family provide relocation assistance; members, medical expenses and child care (ii) The person moved into the property expenses) . The calculation of the family's after the submission of thq application and, monthly adjusted income must include the before signing a lease and commencing expense deductions provided in 24 CFR occupancy, was provided written notice of the 5 .611(a), and for persons with disabilities, the project, its possible impact on the person (e.g . , calculation of the family' s monthly adjusted the person may-be displaced, temporarily income also must include the disallowance of relocated, or suffer a rent increase) and the fact earned income as provided in 24 CFR 5. 617, if that the person would not qualify as a applicable; "displaced person" (or for any assistance (2) 10 percent of the family' s monthly provided under this section), if the project is gross, income, or approved; (3) If the family is receiving payments for (iii) The person is ineligible under 49 CFR welfare assistance from a public agency and a 24. 2(g )(2) ; orr part of the payments, adjusted in accordance (iv) HUD determines that the person was with the family's actual housing costs, is not displaced as a direct result of acquisition, specifically designated by the agency to meet rehabilitation, or demolition for the project. the family's housing costs, the portion of the (3) The recipient may request, at any time, payment that is designated for housing costs. HUD 's determination of whether a displacement (b) Use of rent. Resident rent may be used is or would be covered under this section . in the operation of the project or may be (g) Definition of initiation of negotiations. reserved, in whole or in part, to assist residents For purposes of determining the formula for of transitional housing in moving to permanent computing the replacement housing assistance housing . to be provided to a residential tenant displaced (c) Fees. In addition to resident rent, as a direct result of privately undertaken recipients may charge residents reasonable fees rehabilitation, demolition, or acquisition of the for services not paid with grant funds. real property, the term "initiation of [58 FR 13871, Mar. 15, 1993, as amended at 59 negotiations" means the execution 036892, July 19, 1994; 66 FR 6225, ]an. 19, www.hud.gov espanol.hud.gov Page 18 i Oft. of Asst. Secy., Comm. Planning, Develop ., HUD § 583325 § 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 for nondiscrimination on the basis of race,- color, supportive services, or where grant funds will be 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 self- notification of the award of assistance under government, and to Indian housing authorities this part, the grant will be deobligated as (IHAs) when established by the exercise of such provided in paragraph (c) of this section . powers. When an IHA is established under State (2) Where grant funds will be used to lease law, the applicability of the Indian Civil Rights all or part of a structure to provide supportive Act will be determined on a case- by-case basis. Projects subject to the Indian Civil Rights Act housing or supportive services, or where grant must be developed and operated in compliance funds will be used to lease individual housing with its provisions and all implementing HUD units for homeless persons who will eventually requirements, instead of title VI and the Fair control the units, site control need not be Housing Act and their implementing regulations. demonstrated . (b) Site change. ( 1) A recipient may obtain (c) Procedures. ( 1) If the procedures that the recipient intends to use to make known the ownership or control of a suitable site different . . , from the one specified in its application . availability of the supportive housing are Retention of an assistance award is subject to unlikely to reach persons of any particular race, the new site's meeting all requirements under color, religion, sex, age, national origin, familial this part for suitable sites. status, or handicap who may qualify for (2) If. the acquisition, rehabilitation, admission to the housing, the recipient must _ new establish additional procedures that will ensure acquisition and rehabilitation, a construction costs' for the substitute site are that such persons can obtain information greater than the amount of the grant awarded concerning availability. of the housing. for the site specified in the application, the (2) The recipient must adopt procedures to make available information on the existence and recipient must provide for all additional costs. If the recipient is unable to demonstrate to HUD locations of facilities and services that are accessible to persons with a handicap and that it is able to provide for the difference in costs, HUD may deobligate the. award of maintain evidence of implementation of the assistance. procedures. (c) Failure to obtain site control within one (d) Accessibility requirements. The year. HUD will recapture or deobligate any recipient must comply with the new construction award for assistance under this part if the accessibility requirements of the Fair Housing Act and section 504 of the recipient is not in control of a suitable site ltehabifitation Act of 1973, and the reasonabl before the expiration of one year after initial e accommodation and rehabilitation accessibility requirements of notification of an award. section 504 as follows. § 583.325 Nondiscrimination and equal ( 1) All new construction must meet the opportunity requirements. accessibility requirements of 24 (a) General . Notwithstanding the permissibility of proposals that serve designated populations www.hud.gov espanol.hud.gov FPage 19 § S83330 24 CFR Ch. V (4- 1-09 Edition) CFR 8. 22 and, as applicable, 24 CFR 100 . 205* 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 13971, 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, 19%] 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 2 (202) 395-7332 . (This is not atoll-free number.) 4 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. 4821- (a) Flood insurance. ( 1) The Flood Disaster 4846), the Residential Lead- Based Paint Hazard Protection Act of 1973 (42 U.S .C. 40014128) Reduction Act of 1992 (42 U .S.C. 4851-4856), prohibits the approval of applications for and implementing regulations at part 35, assistance for acquisition or construction subparts A, B, ], K, and R of this title apply to (including rehabilitation) for supportive housing 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 having special flood hazards, unless: the conflict of interest requirements in 24 CFR (i) The community in which the area is Part 85, no person who is an employee, agent, 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 requestW . I d (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 20 Oft 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 6211, Feb. 9, 1996; 6a FR 50226 , Sept. 15, conflict, accompanied by an assurance that 19991 there has been public disclosure of the conflict Subpart E-Administration 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 significanf cost benefit or an essential degree of expertise to the project which would otherwise § 583.405 Program changes. 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 . 1001of 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 )a 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 1996, 138n, Mar. 15, 1993, as amended at 61 FR 51176, Sept 30, perform or require additional audits as it finds necessary or appropriate. www.hud.gov espanol.hud.gov Page 21 § 583.410 24 CFR Ch. V (44=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. www.hud.gov espanol.hud.gov Page 22 I 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 (v) of the definition of "developmental disability" 6. The authority citation for 24 CFR part in this section if the individual, without services 583 continues to read as follows: 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 follows: (1) Is expected to be long-continuing or of indefinite duration, (ii) Substantially impedes the individual 's § 583 . 5 Definitions. 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, www.hud.gov espanol.hud.gov Page 23 i 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 life- lose their primary nighttime residence, provided threatening conditions that relate to violence that. against the individual or a family member, (i) The primary nighttime residence will be including a child, that has either taken place lost within 14 days of the date of application for 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 third- U .S .C. 11434x); 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.hud.gov espanol.hud.gov Page 24 I 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)(1) 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)(1) 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)(1) 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 ge sea .), the Head Start Act (42 U .S.C. 9831 www.hud.gov espanol.hud.gov Page 25 et sea .), 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 .), fleeing domestic violence, dating violence, section 330 of the Public Health Service Act (42 sexual assault, stalking, or other dangerous or U .S .C. 254b), the Food and Nutrition Act of life-threatening conditions related to violence, 2008 (7 U .S.C. 2011 g s . ), section 17 of the 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 household seeking assistance that they are Homeless Assistance Act (42 U.S .C. 11431 gJ fleeing that situation, that no subsequent as applicable; residence has been identified, and that they (ii) For paragraph (3)(ii) of the homeless lack the resources or support networks, e.g . , definition in § 583 . 5, referral by a housing or family, friends, faith -based or other social service provider, written observation by an networks, needed to obtain other housing . If outreach worker, or certification by the the individual or family is receiving shelter or homeless individual or head of household services provided by a victim service provider, seeking assistance, as defined in section 401 (32) of the McKinney- (iii) For paragraph, (3)(iii) of the homeless Vento Homeless Assistance Act, as amended by definition in § 583 . 5, certification by the the HEARTH Act, the oral statement must be individual or head of household and any documented by either a certification by the available supporting documentation that the individual or head of household; or a individual or family moved two or more times certification by the intake worker. Otherwise, during the 60-day period immediately preceding the oral statement that the individual or head of the date for application of homeless assistance, household seeking assistance has not identified including : recorded statements or records a subsequent residence and lacks the resources obtained from each owner or renter of housing, or support networks, e.g . , family, friends, faith- provider of shelter or housing, or social worker, based or other social networks, needed to case worker, or other appropriate official of a obtain housing , must be documented by a hospital or institution in which the individual or certification by the individual or head of family resided, or, where these statements or household that the oral statement is true and records are unobtainable, a written record of complete, and, where the safety of the the intake worker's due diligence in, attempting individual or family would not be jeopardized, to obtain these statements or records. Where a the domestic violence, dating violence, sexual move was due to the individual or family fleeing assault, stalking, or other dangerous or life- domestic violence, dating violence, sexual threatening condition must be verified by a assault, or stalking, then the intake worker may written observation by the intake worker, or a alternatively obtain a written certification from written referral by a housing or service provider, the individual or head of household seeking social worker, health-care provider, law assistance that they were fleeing that situation enforcement agency, legal assistance provider, and that they resided at that address; and pastoral counselor, or any another organization (iv) For paragraph (3)(iv) of the homeless from whom the individual or head of household definition in § 583 . 5, written diagnosis from a has sought assistance for domestic violence, professional who is licensed by the state to dating violence, sexual assault, or stalking . The diagnose and treat that condition (or intake written referral or observation need only include staff- recorded observation' of disability that the minimum amount of information necessary within 45 days of the date of application for to document that the individual or family is assistance is confirmed by a professional who is fleeing, or attempting to flee domestic violence, licensed by the state to diagnose and treat that dating violence, sexual assault, and stalking . condition) , employment records; department of (c) - Each recipient of corrections records; literacy, English proficiency assistance Lidsb�itlt' part must maintain and tests; or other reasonable documentation of the follow written intake procedures to ensure that conditions required under paragraph (3)(1v) of the assistance benefits persons with disabilities, the homeless definition . as defined in § 583. 5 . In addition to the (5) If the individual or family qualifies under documentation required under paragraph (b) of paragraph (4) of the homeless definition in www.hud.gov espanol.hud.gov Page 26 f _ - 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 (2), (3), or (4) of this section . www.hud.gov espanol.hud.gov Page 27