HomeMy WebLinkAbout2008-1170GNAL
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Grant No. FL29C709001 Amount: S3541540
Project Identification Number (PIN) FL13226
Official Contact Person Brad Bernauer, Director, Human Services
Telephone & FAX No. (772) 567-8000 % FAX (772) 567-991
Email Address bernauer@doh.state.flus
Tax ID No. 59-6000674
Project Location Indian River County, Florida
2007 SHELTER PLUS CARE AGREEMENT - New Projects
This Agreement is made by and between the United States Department of
Housing and Urban Development (HUD) and Indian River BOCC (the "Recipient").
This Agreement will be governed by Subtitle F of Title IV of the McKinney-
Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the Act); the HUD Shelter Plus
Care Program final rule codified at 24 CFR 582 ("the Rule") and the Notice of Fund
Availability (NOFA), that was published in two parts. The first part was the General
section of the NOFA which was published January 18. 2007 at 72 FR 2396, and the
second part was the Continuum of Care Homeless Assistance program section of the
NOFA, which was published on March 13, 2007 at 72 FR 11742. The terms "Grant" or
"Grant Funds" mean the funds for rental assistance that are provided under this
Agreement. The term "Application" means the application submission on the basis of
which the Grant was approved by HUD, including the certifications, assurances, and any
information or documentation required to meet any grant award conditions. The
Application is incorporated herein as part of this Agreement; however, in the event of any
conflict between the Application and any provision contained herein, this Shelter Plus
Care Agreement shall control.
The following are attached hereto and made a part hereof:
X Exhibit I - The Shelter Plus Care Program Rule
X Exhibit 2 - for Tenant -based Rental Assistance
Exhibit 3 - for Project -based Rental Assistance
Exhibit 4 - for Sponsor -based Rental Assistance
Exhibit 5 — for Section 8 Rehabilitation for SRO
HUD notifications to the Recipient shall be to the address of the Recipient. as-- - 'r -
stated in the Application, unless HUD is otherwise advised in writing. Recipient _„ , CPD
notifications to HUD shall be to the HUD Field Office executing the Agreement.
CFFICE
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Recipient agrees to conduct an ongoing assessment of the rental assistance and
supportive services required by the participants in the program; to assure the adequate
provisions of supportive services to the participants in the program; to be responsible for
overall administration of this grant, including overseeing any subrecipients, contractors
and subcontractors; and to comply with such other terms and conditions, including record
keeping and reports (which must include racial and ethnic data on participants for
program monitoring and evaluation purposes), as the Secretary may establish for
purposes of carrying out the program in an effective and efficient manner.
The recipient and project sponsor, if any, will not knowingly allow illegal
activities in any unit assisted with S+C funds.
A default shall consist of any use of Grant Funds for a purpose other than as
authorized by this Agreement, noncompliance with the Act, Rule, any material breach of
the Agreement, failure to expend Grant Funds in a timely manner, or misrepresentations
in the Application submission which, if known by HUD, would have resulted in a grant
not being provided. Upon due notice to the Recipient of the occurrence of any such
default and the provision of a reasonable opportunity to respond, HUD may take one or
more of the following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities;
(b) issue a letter of warning advising the Recipient of the default, establishing
a date by which corrective actions must be completed and putting the
Recipient on notice that more serious actions will be taken if the default is
not corrected or is repeated;
(c) direct Recipient to establish and maintain a management plan that assigns
responsibility for carrying out remedial actions;
(d) direct the Recipient to suspend, discontinue or not incur costs for the
affected activity;
(e) reduce or recapture the grant;
(f) direct the Recipient to reimburse the program accounts for costs
inappropriately charged to the program;
(g) continue the Grant with a substitute Recipient selected by HUD;
(h) other appropriate action including, but not limited to, any remedial action
legally available, such as affirmative litigation seeking declaratory
judgment, specific performance, damages, temporary or permanent
injunctions and any other available remedies.
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No delay or omissions by HUD in exercising any right or remedy available to it
under the Agreement shall impair any such right or remedy or constitute a waiver or
acquiescence in any Recipient default.
This Agreement constitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically,
Recipient shall not change sponsor or population to be served, or make any other change
inconsistent with the Application, without the prior approval of HUD. No right, benefit,
or advantage of the Recipient or Sponsor hereunder be assigned without prior written
approval of HUD. The effective date of the Agreement shall be the date of execution by
HUD. HUD will recapture unobligated balances at the end of the grant period.
By signing below, Recipients that are states and units of local government certify
that they are following a current HUD approved CHAS (Consolidated Plan).
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Housing and Urban De
BY:
(Signa
(Title)
(Date)
RECIPIENT
BY:
zq I lge
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
(Name of Organization)
(Signature of Authorized
ATTISTs
RA OWDEN, lCfMIRMAN 000 r/!/ ,n/�� D.0
April 15, 2008 r: r. 3ARTON.'CIER�p
(Date}...,
APPROVED AS TO FORM
AND LEG L S FFICIENCY
ARIAN E. FE
5y4 S SIS
COUNTY ATTORNEY
EXHIBIT 2
TENANT -BASED RENTAL ASSISTANCE (TRA)
HUD agrees, subject to the terms of the Agreement, to provide the Grant Funds in
the amount specified below for the approved project(s) described in the
Application. HUD's total funding obligation is S 354,540 for 10 units of tenant -
based rental assistance.
2. The term of this Grant Agreement shall be five (5) years.
3. Recipient shall receive aggregate amounts of Grant Funds not to exceed the
appropriate existing housing fair market rental value under Sec. 8(c)(1) of the
United States Housing Act of 1937 in effect at the time the Application was
approved. This fair market rent may be higher or lower than the fair market rent
in effect at the time of application submission. At the option of the Recipient and
subject to the availability of such amounts, the Recipient may receive in any year
(a) up to 25 percent of such amounts or (2) such higher percentage as HUD may
approve upon a demonstration satisfactory to HUD that the Recipient has entered
into firm financial commitments to ensure that the housing assistance described in
the application will be provided for the full term of the contract. Any amounts not
needed for a year may be used to increase the amount available in subsequent
years.
TITLE 24 --HOUSING AND URBAN
DEVELOPMENT
CHAPTER V --OFFICE OF ASSISTANT
SECRETARY FOR COMMUNITY PLANNING
AND DEVELOPMENT, DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
PART 582 -SHELTER PLUS CARE --Table of
Contents
Subpart A -General
Sec.
582.1 Purpose and scope.
582.5 Definitions.
Subpart B -Assistance Provided
582.100 Program component descriptions.
582.105 Rental assistance amounts and
payments.
582.110 Matching requirements.
582.115 Limitations on assistance.
582.120 Consolidated plan.
Subpart C -Application and Grant Award
582.200
Application and
grant award.
582.230
Housing quality standards; rent
Environmental
review.
Subpart D -Program Requirements
582.300
General operation.
582.305
Housing quality standards; rent
reasonableness.
582.310
Resident rent.
582.315
Occupancy agreements.
582.320
Termination of assistance to
participants.
582.325
Outreach activities.
582.330
Nondiscrimination and equal
opportunity requirements.
582.335
Displacement, relocation, and real
property acquisition.
582.340
Other Federal requirements.
Subpart E -Administration
582.400 Grant agreement.
582.405 Program changes.
582.410 Obligation and deobligation of funds.
EXHIBIT 1
Authority: 42 U.S.C. 3535(d) and 11403-
11407b.
Source: 58 FR 13892, Mar. 15, 1993, unless
otherwise noted.
Sec. 582.1 Purpose and Scope
(a) General. The Shelter Plus Care program
(S+C) is authorized by title IV, subtitle F, of the
Stewart B. McKinney Homeless Assistance Act
(the McKinney Act) (42 U.S.C. 11403-11407b).
S+C is designed to link rental assistance to
supportive services for hard -to -serve homeless
persons with disabilities (primarily those who are
seriously mentally ill; have chronic problems with
alcohol, drugs, or both; or have acquired
immunodeficiency syndrome (AIDS) and related
diseases) and their families. The program
provides grants to be used for rental assistance
for permanent housing for homeless persons with
disabilities. Rental assistance grants must be
matched in the aggregate by supportive services
that are equal in value to the amount of rental
assistance and appropriate to the needs of the
population to be served. Recipients are chosen
on a competitive basis nationwide.
(b) Components. Rental assistance is provided
through four components described in Sec.
582.100. Applicants may apply for assistance
under any one of the four components, or a
combination.
Sec. 582.5 Definitions.
The terms Fair Market Rent (FMR), HUD, Public
Housing Agency (PHA), Indian Housing Authority
(IHA), and Secretary are defined in 24 CFR part
5.
As used in this part:
Acquired immunodeficiency syndrome (AIDS)
and related diseases has the meaning given in
section 853 of the AIDS Housing Opportunity Act
(42 U.S.C. 12902).
Applicant has the meaning given in section
462 of the McKinney Act (42 U.S.C. 11403g).
Eligible person means a homeless person with
disabilities (primarily persons who are seriously
mentally ill; have chronic problems with alcohol,
drugs, or both; or have AIDS and related
diseases) and, if also homeless, the family of
such a person. To be eligible for assistance,
www.hud.eos espanol.hud.gov
persons must be very low income, except that
low-income individuals may be assisted under the
SRO component in accordance with 24 CFR
813.105(b).
Homeless or homeless individual has the
meaning given in section 103 of the McKinney Act
(42 U.S.C. 11302).
Indian tribe has the meaning given in section
102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
Low-income means an annual income not in
excess of 80 percent of the median income for
the area, as determined by HUD. HUD may
establish income limits higher or lower than 80
percent of the median income for the area on the
basis of its finding that such variations are
necessary because of the prevailing levels of
construction costs or unusually high or low family
incomes.
Nonprofit organization has the meaning given
in section 104 of the Cranston -Gonzalez National
Affordable Housing Act (42 U.S.C. 12704). The
term nonprofit organization also includes a
community mental health center established as a
public nonprofit organization.
Participant means an eligible person who has
been selected to participate in S+C.
Person with disabilities means a household
composed of one or more persons at least one of
whom is an adult who has a disability.
(1) A person shall be considered to have a
disability if such person has a physical, mental,
or emotional impairment which is expected to be
of long -continued and indefinite duration;
substantially impedes his or her ability to live
independently; and is of such a nature that such
ability could be improved by more suitable
housing conditions.
(2) A person will also be considered to have a
disability if he or she has a developmental
disability, which is a severe, chronic disability
that --
(i) Is attributable to a mental or physical
impairment or combination of mental and
physical impairments;
(ii) Is manifested before the person attains
age 22;
(iii) Is likely to continue indefinitely;
(iv) Results in substantial functional limitations
in three or more of the following areas of major
life activity:
(A) Self-care;
(B) Receptive and expressive language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living; and
(G) Economic self-sufficiency; and
(v) Reflects the person's need for a
combination and sequence of special,
interdisciplinary, or generic care, treatment, or
other services which are of lifelong or extended
duration and are individually planned and
coordinated.
(3) Notwithstanding the preceding provisions
of this definition, the term person with disabilities
includes, except in the case of the SRO
component, two or more persons with disabilities
living together, one or more such persons living
with another person who is determined to be
important to their care or well-being, and the
surviving member or members of any household
described in the first sentence of this definition
who were living, in a unit assisted under this
part, with the deceased member of the household
at the time of his or her death. (In any event,
with respect to the surviving member or
members of a household, the right to rental
assistance under this part will terminate at the
end of the grant period under which the deceased
member was a participant.)
Recipient means an applicant approved to
receive a S+C grant.
Seriously mentally ill has the meaning given in
section 462 of the McKinney Act (42 U.S.C.
114038).
Single room occupancy (SRO) housing means
a unit for occupancy by one person, which need
not but may contain food preparation or sanitary
facilities, or both.
Sponsor means a nonprofit organization which
owns or leases dwelling units and has contracts
with a recipient to make such units available to
eligible homeless persons and receives rental
assistance payments under the SRA component.
State has the meaning given in section 462 of
the McKinney Act (42 U.S.C. 11403g).
Supportive service provider, or service
provider, means a person or organization licensed
or otherwise qualified to provide supportive
services, either for profit or not for profit.
Supportive services means assistance that --
(1) Addresses the special needs of eligible
persons; and
(2) Provides appropriate services or assists
such persons in obtaining appropriate services,
including health care, mental health treatment,
alcohol and other substance abuse services, child
care services, case management services,
counseling, supervision, education, job training,
and other services essential for achieving and
maintaining independent living.
(Inpatient acute hospital care does not qualify as
a supportive service.).
Unit of general local government has the
meaning given in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C.
5302).
Very low-income means an annual income not
in excess of 50 percent of the median income for
the area, as determined by HUD, with
adjustments for smaller and larger families. HUD
may establish income limits higher or lower than
50 percent of the median income for the area on
the basis of its finding that such variations are
necessary because of unusually high or low
family incomes.
[61 FR 51169, Sept. 30, 1996; 62 FR 13539,
Mar. 21, 1997]
Subpart B -Assistance Provided
Sec. 582.100 Program component
descriptions.
(a) Tenant -based rental assistance (TRA).
Tenant -based rental assistance provides grants
for rental assistance which permit participants to
choose housing of an appropriate size in which to
reside. Participants retain the rental assistance if
they move. Where necessary to facilitate the
coordination of supportive services, grant
recipients may require participants to live in a
specific area for their entire period of
participation or in a specific structure for the first
year and in a specific area for the remainder of
their period of participation. Recipients may not
define the area in a way that violates the Fair
Housing Act or the Rehabilitation Act of 1973.
The term of the grant between HUD and the
grant recipient for TRA is five years.
(b) Project -based rental assistance (PRA).
Project -based rental assistance provides grants
for rental assistance to the owner of an existing
structure, where the owner agrees to lease the
subsidized units to participants. Participants do
not retain rental assistance if they move. Rental
subsidies are provided to the owner for a period
of either five or ten years. To qualify for ten
years of rental subsidies, the owner must
complete at least $3,000 of eligible rehabilitation
for each unit (including the unit's prorated share
of work to be accomplished on common areas or
systems), to make the structure decent, safe and
sanitary. This rehabilitation must be completed
with in 12 months of the grant award.
(c) Sponsor -based rental assistance (SRA).
Sponsor -based rental assistance provides grants
for rental assistance through contracts between
the grant recipient and sponsor organizations. A
sponsor may be a private, nonprofit organization
or a community mental health agency established
as a public nonprofit organization. Participants
reside in housing owned or leased by the
sponsor. The term of the grant between HUD and
the grant recipient for SRA is five years.
(d) Moderate rehabilitation for single room
occupancy dwellings (SRO). (1) The SRO
component provides grants for rental assistance
in connection with the moderate rehabilitation of
single room occupancy housing units. Resources
to initially fund the cost of rehabilitating the
dwellings must be obtained from other sources.
However, the rental assistance covers operating
expenses of the rehabilitated SRO units occupied
by homeless persons, including debt service to
retire the cost of the moderate rehabilitation over
a ten-year period.
(2) SRO housing must be in need of moderate
rehabilitation and must meet the requirements of
24 CFR 882.803(a). Costs associated with
rehabilitation of common areas may be included
in the calculation of the cost for assisted units
based on the proportion of the number of units to
be assisted under this part to the total number of
units.
(3) SRO assistance may also be used for
efficiency units selected for rehabilitation under
this program, but the gross rent (contract rent
plus any utility allowance) for those units will be
no higher than for SRO units (i.e., 75 percent of
the 0 -bedroom Moderate Rehabilitation Fair
Market Rent).
(4) The requirements regarding maintenance,
operation, and inspections described in 24 CFR
882.806(b)(4) and 882.808(n) must be met.
(5) Governing regulations. Except where there
is a conflict with any requirement under this part
or where specifically provided, the SRO
component
will be
governed
by the regulations
set forth in
24 CFR
part 882,
subpart H.
Subpart B -Assistance Provided
Sec. 582.105 Rental assistance amounts
and payments.
(a) Eligible activity. S+C grants may be used
for providing rental assistance for housing
occupied by participants in the program and
administrative costs as provided for in paragraph
(e) of this section, except that the housing may
not be currently receiving Federal funding for
rental assistance or operating costs under other
HUD programs. Recipients may design a housing
program that includes a range of housing types
with differing levels of supportive services.
Rental assistance may include security deposits
on units in an amount up to one month's rent.
(b) Amount of the grant. The amount of the
grant is based on the number and size of units
proposed by the applicant to be assisted over the
grant period. The grant amount is calculated by
multiplying the number of units proposed times
the applicable Fair Market Rent (FMR) of each
unit times the term of the grant.
(c) Payment of grant. (1) The grant amount
will be reserved for rental assistance over the
grant period. An applicant's grant request is an
estimate of the amount needed for rental
assistance. Recipients will make draws from the
reserved amount to pay the actual costs of rental
assistance for program participants. For TRA, on
demonstration of need, up to 25 percent of the
total rental assistance awarded may be spent in
any one of the five years, or a higher percentage
if approved by HUD, where the applicant provides
evidence satisfactory to HUD that it is financially
committed to providing the housing assistance
described in the application for the full five-year
period.
(2) A recipient must serve at least as many
participants as shown in its application. Where
the grant amount reserved for rental assistance
over the grant period exceeds the amount that
will be needed to pay the actual costs of rental
assistance, due to such factor as contract rents
being lower than FMRs and participants are being
able to pay a portion of the rent, recipients may
use the remaining funds for the costs of
administering the housing assistance, as
described in paragraph (e) of this section, for
damage to property, as described in paragraph
(f) of this section, for covering the costs of rent
increases, or for serving a great number of
participants.
(d) Vacancies. (1) If a unit assisted under this
part is vacated before the expiration of the
occupancy agreement described in Sec. 582.315
of this part, the assistance for the unit may
continue for a maximum of 30 days from the end
of the month in which the unit was vacated,
unless occupied by another eligible person. No
additional assistance will be paid until the unit is
occupied by another eligible person.
(2) As used in this paragraph (d), the term
"vacate" does not include brief periods of
inpatient care, not to exceed 90 days for each
occurrence.
(e) Administrative costs. (1) Up to eight
percent of the grant amount may be used to pay
the costs of administering the housing assistance.
Recipients may contract with another entity
approved by HUD to administer the housing
assistance.
(2) Eligible administrative activities include
processing rental payments to landlords,
examining participant income and family
composition, providing housing information and
assistance, inspecting units for compliance with
housing quality standards, and receiving into the
program new participants. This administrative
allowance does not include the cost of
administering the supportive services or the grant
(e.g., costs of preparing the application, reports
or audits required by HUD), which are not eligible
activities under a S+C grant.
(f) Property damage. Recipients may use
grant funds in an amount up to one month's rent
to pay for any damage to housing due to the
action of a participant.
[58 FR 13892, Mar. 15, 1993, as amended at 61
FR 51170, Sept. 30, 1996]
Sec. 582.110 Matching requirements.
(a) Matching rental assistance with supportive
services. To qualify for rental assistance grants,
an applicant must certify that it will provide or
ensure the provision of supportive services,
including funding the services itself if the planned
resources do not become available for any
reason, appropriate to the needs of the
population being served and at least equal in
value to the aggregate amount of rental
assistance funded by HUD. The supportive
services may be newly created for the program or
already in operation, and may be provided or
funded by other Federal, State, local, or private
programs. Only services that are provided after
the execution of the grant agreement may count
toward the match.
(b) Availability to participants. Recipients
must give reasonable assurances that supportive
services will be available to participants for the
entire term of the rental assistance. The value of
the services provided to a participant, however,
does not have to equal the amount of rental
assistance provided that participant, nor does the
value have to be equal to the amount of rental
assistance on a year-to-year basis.
(c) Calculating the value of supportive
services. In calculating the amount of the
matching supportive services, applicants may
count:
(1) Salaries paid to staff of the recipient to
provide supportive services to S+C participants;
(2) The value of supportive services provided
by other persons or organizations to S+C
participants;
(3) The value of time and services contributed
by volunteers at the rate of $10.00 an hour,
except for donated professional services which
may be counted at the customary charge for the
service provided (professional services are
services ordinarily performed by donors for
payment, such as the services of health
professionals, that are equivalent to the services
they provide in their occupations);
(4) The value of any lease on a building used
for the provision of supportive services, provided
the value included in the match is no more than
the prorated share used for the program; and
(5) The cost of outreach activities, as
described in Sec. 582.325(a) of this part.
Sec. 582.115 Limitations on assistance.
(a) Current occupants. Current occupants of
the real property are not eligible for assistance
under this part. However, as described in Sec.
582.335, persons displaced as a direct result of
acquisition, rehabilitation, or demolition for a
project under the S+C program are eligible for
and must be provided relocation assistance at
Uniform Relocation Act levels.
(b) Amount of assistance provided within a
jurisdiction. HUD will limit the amount of
assistance provided within the jurisdiction of any
one unit of local government to no more than 10
percent of the amount available.
(c) Faith -based activities. (1) Organizations
that are religious or faith -based are eligible, on
the same basis as any other organization, to
participate in the S+C program. Neither the
Federal government nor a State or local
government receiving funds under S+C programs
shall discriminate against an organization on the
basis of the organization's religious character or
affiliation.
(2) Organizations that are directly funded
under the S+C program may not engage in
inherently religious activities, such as worship,
religious instruction, or proselytization as part of
the programs or services funded under this part.
If an organization conducts such activities, the
activities must be offered separately, in time or
location, from the programs or services funded
under this part, and participation must be
voluntary for the beneficiaries of the HUD -funded
programs or services.
(3) A religious organization that participates in
the S+C program will retain its independence
from Federal, State, and local governments, and
may continue to carry out its mission, including
the definition, practice and expression of its
religious beliefs, provided that it does not use
direct S+C funds to support any inherently
religious activities, such as worship, religious
instruction, or proselytization. Among other
things, faith -based organizations may use space
in their facilities to provide S+C-funded services,
without removing religious art, icons, scriptures,
or other religious symbols. In addition, an S+C-
funded religious organization retains its authority
over its internal governance, and it may retain
religious terms in its organization's name, select
its board members on a religious basis, and
include religious references in its organization's
mission statements and other governing
documents.
(4) An organization that participates in the
S+C program shall not, in providing program
assistance, discriminate against a program
beneficiary or prospective program beneficiary on
the basis of religion or religious belief.
(5) If a State or local government voluntarily
contributes its own funds to supplement federally
funded activities, the State or local government
has the option to segregate the Federal funds or
commingle them. However, if the funds are
commingled, this section applies to all of the
commingled funds.
(d) Maintenance
of effort.
No
assistance
received under this
part (or
any
State or local
government funds used to supplement this
assistance) may be used to replace funds
provided under any State or local government
assistance programs previously used, or
designated for use, to assist persons with
disabilities, homeless persons, or homeless
persons with disabilities.
[58 FR 13892, Mar. 15, 1993, as amended at 68
FR 56407, Sept. 30, 2003]
Sec. 582.120 Consolidated plan.
(a) Applicants that are States or units of
general local government. The applicant must
have a HUD -approved complete or abbreviated
consolidated plan, in accordance with 24 CFR part
91, and must submit a certification that the
application for funding is consistent with the
HUD -approved consolidated plan. Funded
applicants must certify in a grant agreement that
they are following the HUD -approved
consolidated plan. If the applicant is a State, and
the project will be located in a unit of general
local government that is required to have, or has,
a complete consolidated plan, or that is applying
for Shelter Plus Care assistance under the same
Notice of Fund Availability (NOFA) and will have
an abbreviated consolidated plan with respect to
that application, the State also must submit a
certification by the unit of general local
government that the State's application is
consistent with the unit of general local
government's HUD -approved consolidated plan.
(b) Applicants that are not States or units of
general local government. The applicant must
submit a certification by the jurisdiction in which
the proposed project will be located that the
jurisdiction is following its HUD -approved
consolidated plan and the applicant's application
for funding is consistent with the jurisdiction's
HUD -approved consolidated plan. The
certification must be made by the unit of general
local government or the State, in accordance with
the consistency certification provisions of the
consolidated plan regulations, 24 CFR part 91,
subpart F.
(c) Indian tribes and the Insular Areas of
Guam, the U.S. Virgin Islands, American Samoa,
and the Northern Mariana Islands. These entities
are not required to have a consolidated plan or to
make consolidated plan certifications. An
application by an Indian tribe or other applicant
for a project that will be located on a reservation
of an Indian tribe will not require a certification
by the tribe or the State. However, where an
Indian tribe is the applicant for a project that will
not be located on a reservation, the requirement
for a certification under paragraph (b) of this
section will apply.
(d) Timing of consolidated plan certification
submissions. Unless otherwise set forth in the
NOFA, the required certification that the
application for funding is consistent with the
HUD -approved consolidated plan must be
submitted by the funding application submission
deadline announced in the NOFA.
[60 FR 16379, Mar. 30, 1995]
Subpart C -Application
and
Grant
Award
Sec. 582.200
Application and
grant
award.
(a) Review. When funds are made available
for assistance, HUD will publish a notice of fund
availability in the Federal Register in accordance
with the requirements of 24 CFR part 4.
Applications will be reviewed and screened in
accordance with the guidelines, rating criteria
and procedures published in the notice.
(b) Rating criteria. HUD will award funds
based on the criteria specified in section
455(a)(1) through (8) of the McKinney Act (42
U.S.C. 11403d(1) --11403d(8)) and on the
following criteria authorized by section 455(a)(9)
of the McKinney Act (42 U.S.C. 11403d(9)):
(1) The extent to which the applicant has
demonstrated coordination with other Federal,
State, local, private and other entities serving
homeless persons in the planning and operation
of the project, to the extent practicable;
(2) Extent to which the project targets
homeless persons living in emergency shelters,
supportive housing for homeless persons, or in
places not designed for, or ordinarily used as, a
regular sleeping accommodation for human
beings;
(3) Quality of the project; and
(4) Extent to which the program will serve
homeless persons who are seriously mentally ill,
have chronic alcohol and/or drug abuse
problems, or have AIDS and related diseases.
(Approved by the Office of Management and
Budget under control number 2506-0118)
[61 FR 51170, Sept. 30, 1996]
Sec. 582.230 Environmental review.
(a) Activities under this part are subject to
HUD environmental regulations in part 58 of this
title, except that HUD will perform an
environmental review in accordance with part 50
of this title prior to its approval of any
conditionally selected applications from PHAs for
Fiscal Year 2000 and prior years for other than
the SRO component. For activities under a grant
to a PHA that generally would be subject to
review under part 58, HUD may make a finding in
accordance with Sec. 58.11(d) and may itself
perform the environmental review under the
provisions of part 50 of this title if the recipient
PHA objects in writing to the responsible entity's
performing the review under part 58.
Irrespective of whether the responsible entity in
accord with part 58 (or HUD in accord with part
50) performs the environmental review, the
recipient shall supply all available, relevant
information necessary for the responsible entity
(or HUD, if applicable) to perform for each
property any environmental review required by
this part. The recipient also shall carry out
mitigating measures required by the responsible
entity (or HUD, if applicable) or select alternate
eligible property. HUD may eliminate from
consideration any application that would require
an Environmental Impact Statement (EIS).
(b) The recipient, its project partners and their
contractors may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish, or
construct property for a project under this part,
or commit or expend HUD or local funds for such
eligible activities under this part, until the
responsible entity (as defined in Sec. 58.2 of this
title) has completed the environmental review
procedures required by part 58 and the
environmental certification and RROF have been
approved or HUD has performed an
environmental review under part 50 and the
recipient has received HUD approval of the
property. HUD will not release grant funds if the
recipient or any other party commits grant funds
(i.e., incurs any costs or expenditures to be paid
or reimbursed with such funds) before the
recipient submits and HUD approves its RROF
(where such submission is required).
[68 FR 56130, Sept. 29, 2003]
Subpart D -Program Requirements
Sec. 582.300 General operation.
(a) Participation of homeless individuals. (1)
Each recipient must provide for the consultation
and participation of not less than one homeless
individual or formerly homeless individual on the
board of directors or other equivalent policy-
making entity of the recipient, to the extent that
the entity considers and makes policies and
decisions regarding any housing assisted under
this part or services for the participants. This
requirement is waived if the applicant is unable
to meet the requirement and presents a plan,
which HUD approves, to otherwise consult with
homeless or formerly homeless individuals in
considering and making such policies and
decisions. Participation by such an individual who
also is a participant under the program does not
constitute a conflict of interest under Sec.
582.340(b) of this part.
(2) To the maximum extent practicable, each
recipient must involve homeless individuals and
families, through employment, volunteer
services, or otherwise, in constructing or
rehabilitating housing assisted under this part
and in providing supportive services required
under Sec. 582.215 of this part.
(b) Ongoing assessment of housing and
supportive services. Each recipient of assistance
must conduct an ongoing assessment of the
housing assistance and supportive services
required by the participants, and make
adjustments as appropriate.
(c) Adequate supportive services. Each
recipient must assure that adequate supportive
services are available to participants in the
program.
(d) Records and reports. (1) Each recipient
must keep any records and, within the timeframe
required, make any reports (including those
pertaining to race, ethnicity, gender, and
disability status data) that HUD may require.
(2) Each recipient must keep on file, and make
available to the public on request, a description
of the procedures used to select sponsors under
the SRA component and buildings under the SRO,
SRA, and PRA components.
(3) Each recipient must develop, and make
available to the public upon request, its
procedures for managing the rental housing
assistance funds provided by HUD. At a
minimum, such procedures must describe how
units will be identified and selected; how the
responsibility for inspections will be handled; the
process for deciding which unit a participant will
occupy; how participants will be placed in, or
assisted in finding appropriate housing; how rent
calculations will be made and the amount of
rental assistance payments determined; and
what safeguards will be used to prevent the
misuse of funds.
(Approved by the Office of Management and
Budget under control number 2506-0118)
[58 FR 13892, Mar. 15, 1993, as amended at 61
FR 51171, Sept. 30, 1996]
Sec. 582.305 Housing quality standards;
rent reasonableness.
(a) Housing quality standards. Housing
assisted under this part must meet the applicable
housing quality standards (HQS) under Sec.
982.401 of this title --except that Sec. 982.401(j)
of this title does not apply and instead part 35,
subparts A, B, K and R of this title apply --and, for
SRO under Sec. 882.803(b) of this title. Before
any assistance will be provided on behalf of a
participant, the recipient, or another entity acting
on behalf of the recipient (other than the owner
of the housing), must physically inspect each unit
to assure that the unit meets the HQS.
Assistance will not be provided for units that fail
to meet the HQS, unless the owner corrects any
deficiencies within 30 days from the date of the
lease agreement and the recipient verifies that all
deficiencies have been corrected. Recipients must
also inspect all units at least annually during the
grant period to ensure that the units continue to
meet the HQS.
(b) Rent reasonableness. HUD will only
provide assistance for a unit for which the rent is
reasonable. For TRA, PRA, and SRA, it is the
responsibility of the recipient to determine
whether the rent charged for the unit receiving
rental assistance is reasonable in relation to rents
being charged for comparable unassisted units,
taking into account the location, size, type,
quality, amenities, facilities, and management
and maintenance of each unit, as well as not in
excess of rents currently being charged by the
same owner for comparable unassisted units. For
SRO, rents are calculated in accordance with 24
CFR 882.805(g).
[58 FR 13892, Mar. 15, 1993, as amended at 61
FR 51171, Sept. 30, 1996; 64 FR 50226, Sept.
15, 1999]
Sec. 582.310 Resident rent.
(a) Amount of rent. Each participant must pay
rent in accordance with section 3(a)(1) of the
U.S. Housing Act of 1937 (42 U.S.C.
1437a(a)(1)), except that in determining the rent
of a person occupying an intermediate care
facility assisted under title XIX of the Social
Security Act, the gross income of this person is
the same as if the person were being assisted
under title XVI of the Social Security Act.
(b) Calculating income. (1) Income of
participants must be calculated in accordance
with 24 CFR 5.609 and 24 CFR 5.611(a).
(2) Recipients must examine a participant's
income initially, and at least annually thereafter,
to determine the amount of rent payable by the
participant. Adjustments to a participant's rental
payment must be made as necessary.
(3) As a condition of participation in the
program, each participant must agree to supply
the information or documentation necessary to
verify the participant's income. Participants must
provide the recipient information at any time
regarding changes in income or other
circumstances that may result in changes to a
participant's rental payment.
[66 FR 6225, Jan. 19, 2001]
Sec. 582.315 Occupancy agreements.
(a) Initial occupancy agreement. Participants
must enter into an occupancy agreement for a
term of at least one month. The occupancy
agreement must be automatically renewable
upon expiration, except on prior notice by either
party.
(b) Terms of agreement. In addition to
standard lease provisions, the occupancy
agreement may also include a provision requiring
the participant to take part in the supportive
services provided through the program as a
condition of continued occupancy.
Sec. 582.320 Termination of assistance to
participants.
(a) Termination of assistance. The recipient
may terminate assistance to a participant who
violates program requirements or conditions of
occupancy. Recipients must exercise judgment
and examine all extenuating circumstances in
determining when violations are serious enough
to warrant termination, so that a participant's
assistance is terminated only in the most severe
cases. Recipients are not prohibited from
resuming assistance to a participant whose
assistance has been terminated.
(b) Due process. In terminating assistance to
a participant, the recipient must provide a formal
process that recognizes the rights of individuals
receiving assistance to due process of law. This
process, at a minimum, must consist of:
(1) Written notice to the participant containing
a clear statement of the reasons for termination;
(2) A review of the decision, in which the
participant is given the opportunity to present
written or oral objections before a person other
than the person (or a subordinate of that person)
who made or approved the termination decision;
and
(3) Prompt written notice of the final decision
to the participant.
Sec. 582.325 Outreach activities.
Recipients must use their best efforts to
ensure that eligible hard -to -reach persons are
served by S+C. Recipients are expected to make
sustained efforts to engage eligible persons so
that they may be brought into the program.
Outreach should be primarily directed toward
eligible persons who have a nighttime residence
that is an emergency shelter or a public or
private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human
beings (e.g., persons living in cars, streets, and
parks). Outreach activities are considered to be a
supportive service, and the value of such
activities that occur after the execution of the
grant agreement may be included in meeting the
matching requirement.
Sec. 582.330 Nondiscrimination and equal
opportunity requirements.
(a) General. Recipients may establish a
preference as part of their admissions procedures
for one or more of the statutorily targeted
populations (i.e., seriously mentally ill, alcohol or
substance abusers, or persons with AIDS and
related diseases). However, other eligible
disabled homeless persons must be considered
for housing designed for the target population
unless the recipient can demonstrate that there is
sufficient demand by the target population for the
units, and other eligible disabled homeless
persons would not benefit from the primary
supportive services provided.
(b) Compliance with requirements. (1) In
addition to the nondiscrimination and equal
opportunity requirements set forth in 24 CFR part
5, recipients serving a designated population of
homeless persons must, within the designated
population, comply with the prohibitions against
discrimination against handicapped individuals
under section 503 of the Rehabilitation Act of
1973 (29 U.S.C. 794) and implementing
regulations at 41 CFR chapter 60-741.
(2) The nondiscrimination and equal
opportunity requirements set forth at part 5 of
this title are modified as follows:
9
(i) The Indian Civil Rights Act (25 U.S.C. 1301
et seq.) applies to tribes when they exercise their
powers of self-government, and to IRAs when
established by the exercise of such powers.
When an IHA is established under State law, the
applicability of the Indian Civil Rights Act will be
determined on a case-by-case basis. Projects
subject to the Indian Civil Rights Act must be
developed and operated in compliance with its
provisions and all implementing HUD
requirements, instead of title VI and the Fair
Housing Act and their implementing regulations.
(ii) [Reserved]
(c) Affirmative outreach. (1) If the procedures
that the recipient intends to use to make known
the availability of the program are unlikely to
reach persons of any particular race, color,
religion, sex, age, national origin, familial status,
or handicap who may qualify for assistance, the
recipient must establish additional procedures
that will ensure that interested persons can
obtain information concerning the assistance.
(2) The recipient must adopt procedures to
make available information on the existence and
locations of facilities and services that are
accessible to persons with a handicap and
maintain evidence of implementation of the
procedures.
(d) The accessibility requirements, reasonable
modification, and accommodation requirements
of the Fair Housing Act and of section 504 of the
Rehabilitation Act of 1973, as amended.
[58 FR 13892, Mar. 15, 1993, as amended at 61
FR 5210, Feb. 9, 1996]
Sec. 582.335 Displacement, relocation, and
real property acquisition.
(a) Minimizing displacement. Consistent with
the other goals and objectives of this part,
recipients must assure that they have taken all
reasonable steps to minimize the displacement of
persons (families, individuals, businesses,
nonprofit organizations, and farms) as a result of
supportive housing assisted under this part.
(b) Relocation assistance for displaced
persons. A displaced person (defined in
paragraph (f) of this section) must be provided
relocation assistance at the levels described in,
and in accordance with, the requirements of the
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C.
4601-4655) and implementing regulations at 49
CFR part 24.
(c) Real property acquisition requirements.
The acquisition of real property for supportive
housing is subject to the URA and the
requirements described in 49 CFR part 24,
subpart B.
(d) Responsibility of recipient. (1) The
recipient must certify (i.e., provide assurance of
compliance) that it will comply with the URA, the
regulations at 49 CFR part 24, and the
requirements of this section, and must ensure
such compliance notwithstanding any third
party's contractual obligation to the recipient to
comply with these provisions.
(2) The cost of required relocation assistance
is an eligible project cost in the same manner and
to the same extent as other project costs. Such
costs also may be paid for with local public funds
or funds available from other sources.
(3) The recipient must maintain records in
sufficient detail to demonstrate compliance with
provisions of this section.
(e) Appeals. A person who disagrees with the
recipient's determination concerning whether the
person qualifies as a � ' displaced person," or the
amount of relocation assistance for which the
person is eligible, may file a written appeal of
that determination with the recipient. A low-
income person who is dissatisfied with the
recipient's determination on his or her appeal
may submit a written request for review of that
determination to the HUD field office.
(f) Definition of displaced person. (1) For
purposes of this section, the term "displaced
person" means a person (family, individual,
business, nonprofit organization, or farm) that
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolition for supportive housing project assisted
under this part. The term "displaced person"
includes, but may not be limited to:
(i) A person that moves permanently from the
real property after the property owner (or person
in control of the site) issues a vacate notice or
refuses to renew an expiring lease, if the move
occurs on or after:
(A) The date that the recipient submits to HUD
an application for assistance that is later
approved and funded, if the recipient has control
of the project site; or
(B) The date that the recipient obtains control
of the project site, if such control is obtained
after the submission of the application to HUD.
10
(ii) Any person, including a person who moves
before the date described in paragraph (f)(1)(i)
of this section, if the recipient or HUD determines
that the displacement resulted directly from
acquisition, rehabilitation, or demolition for the
assisted project.
(iii) A tenant -occupant of a dwelling unit who
moves permanently from the building/complex on
or after the date of the ' 1 initiation of
negotiations" (see paragraph (g) of this section)
if the move occurs before the tenant has been
provided written notice offering him or her the
opportunity to lease and occupy a suitable,
decent, safe and sanitary dwelling in the same
building/complex, under reasonable terms and
conditions, upon completion of the project. Such
reasonable terms and conditions must include a
monthly rent and estimated average monthly
utility costs that do not exceed the greater of:
(A) The tenant's monthly rent before the
initiation of negotiations and estimated average
utility costs, or
(B) 30 percent of gross household income. If
the initial rent is at or near the maximum, there
must be a reasonable basis for concluding at the
time the project is initiated that future rent
increases will be modest.
(iv) A tenant of a dwelling who is required to
relocate temporarily, but does not return to the
building/complex, if either:
(A) A tenant is not offered payment for all
reasonable out-of-pocket expenses incurred in
connection with the temporary relocation, or
(B) Other conditions of the temporary
relocation are not reasonable.
(v) A tenant of a dwelling who moves from the
building/complex permanently after he or she has
been required to move to another unit in the
same building/complex, if either:
(A) The tenant is not offered reimbursement
for all reasonable out-
of-pocket expenses incurred in connection with
the move; or
(B) Other conditions of the move are not
reasonable.
(2) Notwithstanding the provisions of
paragraph (f)(1) of this section, a person does
not qualify as a � 'displaced person" (and is not
eligible for relocation assistance under the URA or
this section), if:
(i) The person has been evicted for serious or
repeated violation of the terms and conditions of
the lease or occupancy agreement, violation of
applicable Federal, State, or local or tribal law, or
other good cause, and HUD determines that the
eviction was not undertaken for the purpose of
evading the obligation to provide relocation
assistance;
(ii) The person moved into the property after
the submission of the application and, before
signing a lease and commencing occupancy, was
provided written notice of the project, its possible
impact on the person (e.g., the person may be
displaced, temporarily relocated, or suffer a rent
increase) and the fact that the person would not
qualify as a ' 'displaced person" (or for any
assistance provided under this section), if the
project is approved;
(iii) The person is ineligible under 49 CFR
24.2(g)(2); or
(iv) HUD determines that the person was not
displaced as a direct result of acquisition,
rehabilitation, or demolition for the project.
(3) The recipient may request, at any time,
HUD's determination of whether a displacement
is or would be covered under this section.
(g) Definition of initiation of negotiations. For
purposes of determining the formula for
computing the replacement housing assistance to
be provided to a residential tenant displaced as a
direct result of privately undertaken
rehabilitation, demolition, or acquisition of the
real property, the term ' ' initiation of
negotiations" means the execution of the
agreement between the recipient and HUD, or
selection of the project site, if later.
Sec. 582.340 Other Federal requirements.
In addition to the Federal requirements set
forth in 24 CFR part 5, the following requirements
apply to this program:
(a) OMB Circulars.\1\ (1) The policies,
guidelines, and requirements of OMB Circular No.
A-87 (Cost Principles Applicable to Grants,
Contracts and Other Agreements with State and
Local Governments) and 24 CFR part 85 apply to
the acceptance and use of assistance under the
program by governmental entities, and OMB
Circular Nos. A-110 (Grants and Cooperative
Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations)
and 24 CFR part 84 and A-122 (Cost Principles
Applicable to Grants, Contracts and Other
Agreements with Nonprofit Institutions) apply to
11
the acceptance and use of assistance by private
nonprofit organizations, except where
inconsistent with provisions of the McKinney Act,
other Federal statutes, or this part.
(2) The financial management systems used
by recipients under this program must provide for
audits in accordance with the provisions of 24
CFR part 44. Private nonprofit organizations who
are subrecipients are subject to the audit
requirements of 24 CFR part 45. HUD may
perform or require additional audits as it finds
necessary or appropriate.
(b) Conflict of interest. (1) In addition to the
conflict of interest requirements in 24 CFR part
85, no person who is an employee, agent,
consultant, officer, or elected or appointed official
of the recipient and who exercises or has
exercised any functions or responsibilities with
respect to assisted activities, or who is in a
position to participate in a decisionmaking
process or gain inside information with regard to
such activities, may obtain a personal or financial
interest or benefit from the activity, or have an
interest in any contract, subcontract, or
agreement with respect thereto, or the proceeds
thereunder, either for himself or herself or for
those with whom he or she has family or business
ties, during his or her tenure or for one year
thereafter. Participation by homeless individuals
who also are participants under the program in
policy or decisionmaking under Sec. 582.300 of
this part does not constitute a conflict of interest.
(2) Upon the written request of the recipient,
HUD may grant an exception to the provisions of
paragraph (b)(1) of this section on a case-by-
case basis when it determine that the exception
will serve to further the purposes of the program
and the effective and efficient administration of
the recipient's project. An exception may be
considered only after the recipient has provided
the following:
(i) For States, units of general local
governments, PHAs and IHAs, a disclosure of the
nature of the conflict, accompanied by an
assurance that there has been public disclosure
of the conflict and a description of how the public
disclosure was made; and
(ii) For all recipients, an opinion of the
recipient's attorney that the interest for which the
exception is sought would not violate State or
local law.
(3) In determining whether to grant a
requested exception after the recipient has
satisfactorily met the requirement of paragraph
(b)(2) of this section, HUD will consider the
cumulative effect of the following factors, where
applicable:
(i) Whether the exception would provide a
significant cost benefit or an essential degree of
expertise to the project which would otherwise
not be available;
(ii) Whether the person affected is a member
of a group or class of eligible persons and the
exception will permit such person to receive
generally the same interests or benefits as are
being made available or provided to the group or
class;
(iii) Whether the affected person has
withdrawn from his or her functions or
responsibilities, or the decisionmaking process
with respect to the specific assisted activity in
question;
(iv) Whether the interest or benefit was
present before the affected person was in a
position as described in paragraph (b)(1) of this
section;
(v) Whether undue hardship will result either
to the recipient or the person affected when
weighed against the public interest served by
avoiding the prohibited conflict; and
(vi) Any other relevant considerations.
(58 FR 13892, Mar. 15, 1993, as amended at 61
FR 5210, Feb. 9, 1996; 61 FR 51171, Sept. 30,
1996; 62 FR 13539, Mar. 21, 1997]
Subpart E -Administration
Sec. 582.400 Grant agreement.
(a) General. The grant agreement will be
between HUD and the recipient. HUD will hold
the recipient responsible for the overall
administration of the program, including
overseeing any subrecipients or contractors.
Under the grant agreement, the recipient must
agree to operate the program in accordance with
the provisions of this part and other applicable
HUD regulations.
(b) Enforcement. HUD will enforce the
obligations in the grant agreement through such
action as may be necessary, including
recapturing assistance awarded under the
program.
Sec. 582.405 Program changes.
(a) Changes. HUD must approve, in writing,
any significant changes to an approved program.
12
Significant changes that require approval include,
but are not limited to, a change in sponsor, a
change in the project site for SRO or PRA with
rehabilitation projects, and a change in the type
of persons with disabilities to be served.
Depending on the nature of the change, HUD
may require a new certification of consistency
with the CHAS (see Sec. 582.120).
(b) Approval. Approval for such changes is
contingent upon the application ranking
remaining high enough to have been
competitively selected for funding in the year the
application was selected.
Sec. 582.410 Obligation and deobligation of
funds.
(a) Obligation of funds. When HUD and the
applicant execute a grant agreement, HUD will
obligate funds to cover the amount of the
approved grant. The recipient will be expected to
carry out the activities as proposed in the
application. After the initial obligation of funds,
HUD is under no obligation to make any upward
revisions to the grant amount for any approved
assistance.
(b) Deobligation. (1) HUD may deobligate all
or a portion of the approved grant amount if such
amount is not expended in a timely manner, or
the proposed housing for which funding was
approved or the supportive services proposed in
the application are not provided in accordance
with the approved application, the requirements
of this part, and other applicable HUD
regulations. The grant agreement may set forth
other circumstances under which funds may be
deobligated, and other sanctions may be
imposed.
(2) HUD may readvertise, in a notice of fund
availability, the availability of funds that have
been deobligated, or may reconsider applications
that were submitted in response to the most
recently published notice of fund availability and
select applications for funding with the
deobligated funds. Such selections would be
made in accordance with the selection process
described in Sec. 582.220 of this part. Any
selections made using deobligated funds will be
subject to applicable appropriation act
requirements governing the use of deobligated
funding authority.
(Approved by the Office of Management and
Budget under control number 2506-0118)