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HomeMy WebLinkAbout2007-196 6. 79. 0 T7 ZO 'jl 17, 1 r Grant No . FL29C609005 $ 110,808 Project Identifier Number ( PIN) FL13219 Renewal Effective Date 6/27/2007 Renewal Expiration Date : 6/28/200 Official Contact Person Louise Hubbard , Ex Dir, Treasure Coast Homeless Svcs Council Telephone & FAX No. (772) 567-7790 / (772) 567-5991 Email Address irhsclh(caaol .com Tax ID No. 59-6000674 Project Location 2525 St. Lucie Ave / 1840 25"' Street Vero Beach, FL 32960 2006 SHELTER PLUS CARE RENEWAL AND [ CONSOLIDATION ] AGREEMENT This 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") . This Agreement will be governed by Subtitle F of Title IV of the McKinney- Vento Homeless Assistance Act 42 U .S.C. 11301 et sea . (the Act); the HUD Shelter Plus Care Program final rule codified at 24 CFR 582 ("the Rule") and the Notice of Funding Availability ( NOFA), published on March 8, 2006 at 71 FR 3382 and 12054. The terms "Grant" or "Grant Funds" mean the funds for rental assistance that are provided under this Agreement. The term "Application" means the application submission on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions ( including the application submissions for grants being consolidated in this agreement) . The Application is incorporated herein as part of this Agreement; however, in the event of any conflict between the Application and any provision contained herein, this Shelter Plus Care Agreement shall control . The following are attached hereto and made a part hereof: X Exhibit 1 - 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 Moderate Rehabilitation for Single Room Occupancy HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive services required by the participants in the program ; to assure the adequate provisions of supportive services to the participants in the program ; to be responsible for overall administration of this grant, including overseeing any sub- recipients, contractors and subcontractors; and to comply with such other terms and conditions, including record keeping and reports (which must include racial and ethnic data on participants for program monitoring and evaluation purposes), as the Secretary may establish for purposes of carrying out the program in an effective and efficient manner. The recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with S+ C funds. A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the Act, Rule, any material breach of the Agreement, failure to expend Grant Funds in a timely manner, or misrepresentations in the Application submissions that, if known by HUD, would have resulted in a grant not being provided . Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; ( b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; (c) direct Recipient to establish and maintain a management plan that assigns responsibility for carrying out remedial actions; (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; (e) reduce or recapture the grant; (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program ; (g) continue the Grant with a substitute Recipient selected by HUD; (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omissions by HUD in exercising any right or remedy available to it under the Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. This Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, Recipient shall not change sponsor or population to be served without the prior approval of HUD. No right, benefit, or advantage of the Recipient or Sponsor hereunder may be assigned without prior written approval of HUD . The effective date of the Agreement shall be (check one) : the date of execution by HUD. X the expiration of the prior grant that is being renewed (applicable only to renewals of grants whose terms have not been extended) . (fill in a date). Execution of this Agreement terminates any S+C Amendment and Extension Agreement executed by the parties, as of the effective date of this Agreement. (Where more than one grant is being consolidated, execution of this Agreement terminates the Grant Agreements for the grants identified in the attached exhibits, as of the effective date of this agreement. ) By signing below, Recipients which 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 Development BY: (Signature) Director, Community Planning and Development Division (Title) (Date) RECIPIENT Indian River County Board of County Commissioners ( Name of Organization) BY : '-4L. C (Signa a of Authorized Official) Gary C . Wheeler . Chairman (Title) June 19 . 2007 (Date) STATE OF FLORIDA- Jy.w� INDIANRIVERPO'UNTY THIS IS TO CERTIFY THAT THIS)S"; A TRUE AND CORRECT COPY OF APPPI VERFa , THE ORIGINAL ON FILE IN THIS OFFICE rT fay JE#F'AE`Y' K: SARION L K ou Cnty A I Istrator BY ^ 4> APPROVED AS TO FORM DATE AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY Indian River Co . Ap ro ed Date Administration /3 p Legal CIRIIIJ Budget Department ! G Risk Mana ment Exhibit One Ofc. of Asst. Secy., Comm. Planning, Develop., HUD Pt. 582 surplus property, and the reasons for § 581.12 No applications approved. determining that such need was so (a) At the end of the 60 day holding meritorious and compelling as to out- period described in § 581.9(a), HHS will weigh the needs of the homeless. notify GSA, or the landholding agency, (4) Deeds. Surplus property may be as appropriate, if an expression of in- conveyed to representatives of the terest has been received for a par- homeless pursuant to section 203(k) of titular property. Where there is no ex- the Federal Property and Administra- pression of interest, GSA or the land- tive Services Act of 1949 (40 U. S.C. holding agency, as appropriate, will 484(k)(1), and section 501(f) of the proceed with disposal in accordance McKinney Act as amended, 42 U.S.C. with applicable law. 11411. Representatives of the homeless (b) Upon advice from HRS that all must complete the application packet applications have been disapproved, or pursuant to the requirements of 9581.9 if no completed applications or re- of this part and in accordance with the quests for extensions have been re- requirements of 45 CFR part 12. ceived by HHS within 90 days from the (c) Completion of lease term and rever- date of the last expression of interest, sion of title. Lessees and grantees will disposal may proceed in accordance with applicable law. be responsible for the protection and maintenance of the property during the § 581.13 Waivers. time that they possess the property. The Secretary may waive any re- Upon termination of the lease term or quirement of this part that is not re- reversion of title to the Federal gov- quired by law, whenever it is deter- ernment, the lessee or grantee will be mined that undue hardship would re- responsible for removing any improve- salt from applying the requirement, or meats made to the property and will be where application of the requirement responsible for restoration of the prop- would adversely affect the purposes of erty. If such improvements are not re- the program. Each waiver will be in moved, they will become the property writing and will be supported by docu- of the Federal government. GSA or the mentation of the pertinent facts and landholding agency, as appropriate, grounds. The Secretary periodically will assume responsibility for protec- will publish notice of granted waivers tion and maintenance of a property inthe FEDERAL REGISTER. when the lease terminates or title re- verts. PART 582—SHELTER PLUS CARE § 581.11 Unsuitable properties. Subpart A—General The landholding agency will defer, sec. for 20 days after the date that notice of 582.1 Purpose and scope. a property is published in the FEDERAL 582.5 Definitions. REGISTER, action to dispose of prop- Subpart B—Assistance Provided erties determined unsuitable for home- less assistance. HUD will inform land- 592.100 Program component descriptions. holding agencies or GSA if appeal of an 582.105 Rental assistance amounts and pay- unsuitability determination is filed by meats, a representative of the homeless purse- 582.110 Matching requirements. ant to § 581.4(f)(4). HUD will advise the 582.115 Limitations on assistance. 582.120 Consolidated plan. agency that it should refrain from ini- tiating disposal procedures until HUD Subpart C—Application and Grant Award has completed its reconsideration proc- 2.200 Application and grant award. ess regarding unsuitability. Thereafter, 582.230 Environmental review. or if no appeal has been filed . after 20 days, GSA or the appropriate land- Subpart D—Program Requirements holding agency may proceed with dis- posal action in accordance with 8pp11- 582.305 Housing quality standards; rentrea- sonableness. 237 § 582. 1 24 CFR Ch. V (4-1 -06 Edition) 582.310 Resident rent. than Housing Authority (IHA), and Sec- 582.315 Occupancy agreements. retary are defined in 24 CFR part 5. 582.320 Termination of assistance to partici- As used in this part: pants. Acquired immunodeficiency syndrome 582.325 Outreach activities. 582.330 Nondiscrimination and equal oppor- (AIDS) and related diseases has the tunity requirements. meaning given in section 853 of the 5B2.335 Displacement, relocation, and real AIDS Housing Opportunity Act (42 property acquisition. U.S.C. 12902) . 582.340 Other Federal requirements. Applicant has the meaning given in Subpart E—Administration section 462 of the McKinney Act (42 U.S.C . 114038). 582.400 Grant agreement. Eligible person means a homeless per- 582.405 Program changes. son with disabilities (primarily persons 582.410 Obligation and deobligation of funds. who are seriously mentally ill; have Auracmrv: 42 U.S.C. 3535(4) and 11403- chronic problems with alcohol, drugs, 114076. or both; or have AIDS and related dis- eases) and, if also homeless, the family Solncs: 58 FR 13892, Mar, 15, 1993, unless of such a person. To be eligible for as- otherwise noted. sistance, persons must be very low in- come, except that low-income individ- Subpart A—General uals may be assisted under the SRO $ 582.1 P ose and sco e. component in accordance with 24 CFR m'P P 813.105(b). (a) General. The Shelter Plus Care Homeless or homeless individual has program (S+C) is authorized by title the meaning given in section 103 of the IV, subtitle F, of the Stewart B . McKinney Act (42 U.S.C. 11302) . McKinney Homeless Assistance Act Indian tribe has the meaning given in (the McKinney Act) (42 U. S.C. 11403- section 102 of the Housing and Commu- 11407b). S+C is designed to link rental nity Development Act of 1974 (42 U.S.C. assistance to supportive services for 5302). hard-to-serve homeless persons with Loin-income means an annual income disabilities (primarily those who are not in excess of 80 percent of the me- seriously mentally ill; have chronic dian income for the area, as deter- problems with alcohol, drugs, or both; mined by HUD. HUD may establish in- or have acquired immunodeficiency come limits higher or lower than 80 syndrome (AIDS) and related diseases) percent of the median income for the and their families. The program pro- area on the basis of its finding that vides grants to be used for rental as- such variations are necessary because sistance for permanent housing for of the prevailing levels of construction homeless persona with disabilities. costs or unusually high or low family Rental assistance grants must be incomes. matched in the aggregate by sup- Nonprofit organization has the mean- . portive services that are equal in value ing given in section 104 of the Cron- to the amount of rental assistance and ston-Gonzalez National Affordable appropriate to the needs of the popu- Housing Act (42 U. S.C. 12704). The term lation to be served. Recipients are cho- nonprofit organization also includes a sen on a competitive basis nationwide. community mental health center es- (b) Components. Rental assistance is -tablished as a public nonprofit organi- provided through four components de- zation. scribed in § 582.100. Applicants may Participant means an eligible person apply for assistance under any one of who has been selected to participate in the four components, or a combination. S+C. [58 FR 13892, Mar. 15, 1993, as amended at 61 Person with disabilities means a house- FR 51169, Sept. 30, 1996) hold composed of one or more persons at least one of whom is an adult who § 582.5 Definitions. has a disability. The terms Fair Market Rent (FMR), (1) A person shall be considered to HUD, Public Housing Agency (PHA), In- have a disability if such person has a 238 Ofc. of Assf. Secy., Comm. Planning, Develop., HUD § 582.5 physical, mental, or emotional impair- Recipient means an applicant ap- ment which is expected to be of long- proved to receive a S+C grant. continued and indefinite duration; sub- Seriously mentally ill has the meaning stantially impedes his or her ability to given in section 462 of the McKinney live independently; and is of such a m- Act (42 U. S .C. 114038). Lure that such ability could be im- Single room occupancy (SRO) housing proved by more suitable housing condi- means a unit for occupancy by one per- tions. son, which need not but may contain (2) A person will also be considered to food preparation or sanitary facilities, have a disability if he or she has a de- or both. velopmental disability, which is a se- Sponsor means a nonprofit organiza- vere, chronic disability that-- tion which owns or leases dwelling (i) Is attributable to a mental or units and has contracts with a recipi- physical impairment or combination of ent to make such units available to eli- mental and physical impairments; gible homeless persons and receives (ii) Is manifested before the person rental assistance payments under the attains age 22; SRA component. (iii) Is likely to continue indefi- State has the meaning given in sec- nitely; tion 462 of the McKinney Act (42 U. S . C. (iv) Results in substantial functional 114039). limitations in three or more of the fol- Supportive service provider, or service lowing areas of major life activity: provider, means a person or organiza- (A) Self-care; tion licensed or otherwise qualified to (B) Receptive and expressive lan- provide supportive services, either for guage; profit or not for profit. (C) Learning; Supportive services means assistance (D) Mobility; that— (E) Self-direction; (1) Addresses the special needs of eli- gible persons; and (F) Capacity for independent living; and (2) Provides appropriate services or (G) Economic self-sufficiency; and assists such persons in obtaining ap- (v) Reflects the person's need fora propriate services, including health care, mental health treatment, alcohol combination and sequence of special, and other substance abuse services, interdisciplinary, or generic care, child care services, case management treatment, or other services which are services, counseling, supervision, edu- of lifelong or extended duration and are cation, job training, and other services individually planned and coordinated. essential for achieving and maintain- (3) Notwithstanding the preceding ing independent living. provisions of this definition, the term person with disabilities includes, except (Inpatient acute hospital care does not in the case of the SRO component, two qualify as a supportive service .). or more persons with disabilities living Unit of general local government has together, one or more such persons liv- the meaning given in section 102 of the ing with another person who is deter- Housing and Community Development mined to be important to their care or Act of 1974 (42 U.S.C. 5302) . well-being, and the surviving member Very low-income means an annual in- or members of any household described come not in excess of 50 percent of the in the first sentence of this definition median income for the area, as deter- who were living, in a unit assisted mined by HUD, with adjustments for under this part, with the deceased smaller and larger families. HUD may member of the household at the time of establish income limits higher or lower his or her death. (In any event, with re- than 50 percent of the median income spect to the surviving member or mem- for the area on the basis of its finding hers of a household, the right to rental that such variations are necessary be- assistance under this part will termi- cause of unusually high or low family nate at the end of the grant period incomes. under which the deceased member was [61 FR 51169, Sept. 30, 1996; 62 FR 13539, Mar. a participant.) 21, 1997) 239 § 582. 100 24 CFR Ch. V (4-1 -06 Edition) Subpart B—Assistance Provided rental assistance in connection with the moderate rehabilitation of single § 582.100 program component descrip- room occupancy housing units. Re- tions. sources to initially fund the cost of re- (a) Tenant-based rental assistance habilitating the dwellings must be ob- (TRA). Tenant-based rental assistance tained from other sources. However, provides grants for rental assistance the rental assistance covers operating which permit participants to choose expenses of the rehabilitated SRO units housing of an appropriate size in which occupied by homeless persons, includ- to reside. Participants retain the rent- Ing debt service to retire the cost of al assistance if they move. Where nec- the moderate rehabilitation over a ten- essary to facilitate the coordination of year period. supportive services, grant recipients (2) SRO housing must be in need of may require participants to live in a moderate rehabilitation and must meet specific area for their entire period of the requirements of 24 CFR 882,803(a). participation or in a specific structure Costs associated with rehabilitation of for the first year and in a specific area common areas may be included in the for the remainder of their period of calculation of the cost for assisted participation. Recipients may not de- units based on the proportion of the fine the area in a way that violates the number of units to be assisted under Fair Housing Act or the Rehabilitation this part to the total number of units. Act of 1973. The term of the grant be- (3) SRO assistance may also be used tween HUD and the grant recipient for for efficiency units selected for reha- TRA is five years. bilitation under this program, but the (b) Project-based rental assistance gross rent (contract rent plus any util- (PRA). Project-based rental assistance ity allowance) for those units will be provides grants for rental assistance to no higher than for SRO units (i.e. , 75 the owner of an existing structure, percent of the 0-bedroom Moderate Re- where the owner agrees to lease the habilitation Fair Market Rent). subsidized units to participants. Par- (4) The requirements regarding main- ticipants do not retain rental assist- tenance, operation, and inspections de- ance if they move. Rental subsidies are scribed in 24 CFR 882.806(b)(4) and provided to the owner for a period of ei- 882.808(n) must be met. ther five or ten years. To qualify for ten years of rental subsidies, the owner <5) Governing regulations. Except must complete at least $3,000 of eligible where there is a conflict with any re- rehabilitation for each unit (including quirement under this part or where the unit's prorated share of work to be specifically provided, the SRO compo- accomplished on common areas or sys- nent will be governed by the regula- tems), to make the structure decent, tions set forth in 24 CFR part 882, sub- safe and sanitary. This rehabilitation part H. must be completed with in 12 months § 582.105 Rental assistance amounts of the grant award. and payments. (c) Sponsor-based rental assistance (SRA). Sponsor-based rental assistance (a) Eligible activity. S+C grants may provides grants for rental assistance be used for providing rental assistance through contracts between the grant for housing occupied by participants in recipient and sponsor organizations. A the program and administrative costs sponsor may be a private, nonprofit or- as provided for in paragraph (e) of this ganization or a community mental section, except that the housing may health agency established as a public not be currently receiving Federal nonprofit organization. Participants funding for rental assistance or oper- reside in housing owned or leased by ating costs under other HUD programs. the sponsor. The term of the grant be- Recipients may design a housing pro- - - tween HUD and the grant recipient for gram that includes a range of housing SRA is five years. types with differing levels of sup- (d) Moderate rehabilitation for single portive services. Rental assistance may room occupancy dwellings (SRO). (1) The include security deposits on units in an SRO component provides grants for amount up to one month's rent. 240 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582. 110 (b) Amount of the grant. The amount periods of inpatient care, not to exceed of the grant is based on the number 90 days for each occurrence. and size of units proposed by the appli- (e) Administrative costs. (1) Up to eight cant to be assisted over the grant pe- percent of the grant amount may be riod. The grant amount is calculated used to pay the costs of administering by multiplying the number of units the housing assistance. Recipients may proposed times the applicable Fair contract with another entity approved Market Rent (FMR) of each unit times byt= to administer the housing as- the term of the grant. sistance. (c) Payment of grant. (1) The grant (2) Eligible administrative activities amount will be reserved for rental as- include processing rental payments to sistance over the grant period. An ap- landlords, examining participant in- plicant's grant request is an estimate come and family composition, pro- of the amount needed for rental assist- viding housing information and assist- ance. Recipients will make draws from ance, inspecting units for compliance the reserved amount to pay the actual ceivwith housing quality standards, and partici- costs of rental assistance for program pants.g into the program new partici- participants. For TRA, on demonstra- pants. This administrative allowance tion of need, up to 25 percent of the does not include the cost of admin- tion rental assistance awarded may be grant (e the supportive services or the spent in any one of the five years, or a grant , re costa r preparing the ed by higher percentage if approved by HUD, cation, reports or audits required by HUD), which are not eligible activities where the applicant provides evidence under a S+C grant. satisfactory to HUD that it is finan- (f) Property damage. Recipients may cially committed to providing the use grant funds in an amount up to one housing assistance described in the ap- month's rent to pay for any damage to plication for the full five-year period. housing due to the action of a partici- (2) A recipient must serve at least as pant. many participants as shown in its ap- plication. Where the grant amount re- [58 FR 13892, Mar. 15, 1993, as amended at 61 served for rental assistance Over the FR 51170, Sept. 30, 19961 grant period exceeds the amount that § 582.110 Matching requirements. will be needed to pay the actual costs (a) Matching rental assistance with of rental assistance, due to such factor supportive services. To qualify for rental as contract rents being lower than assistance grants, an applicant must FMRs and participants are being able certify that it will provide or ensure to pay a portion of the rent, recipients the provision of supportive services, in- may use the remaining funds for the cluding funding the services itself if costs of administering the housing as- the planned resources do not become sistance, as described in paragraph (e) available for any reason, appropriate to of this section, for damage to property, the needs of the population being as described in paragraph (f) of this served and at least equal in value to section, for covering the costs of rent the aggregate amount of rental assist- increases, or for serving a great num- ance funded by HUD. The supportive ber of participants. services may be newly created for the (d) Vacancies. (1) If a unit assisted program or already in operation, and under this part is vacated before the may be provided or funded by other expiration of the occupancy agreement Federal, State, local, or private pro- described in § 582.315 of this part, the grams. Only services that are provided assistance for the unit may continue after the execution of the grant agree- for a maximum of 30 days from the end ment may count toward the match. of the month in which the unit was va- (b) Availability to participants. Recipi- cated, unless occupied by another eligi- ents must give reasonable assurances ble person. No additional assistance that supportive services will be avail- will be paid until the unit is occupied able to participants for the entire term by another eligible person. of the rental assistance. The value of (2) As used in this paragraph (d), the the services provided to a participant, term "vacate" does not include brief however, does not have to equal the 241 § 582. 115 24 CFR Ch. V (4-1 -06 Edition) amount of rental assistance provided zation's religious character or affili- that participant, nor does the value ation. have to be equal to the amount of rent- (2) Organizations that are directly al assistance on a year-to-year basis. funded under the S+C program may not (c) Calculating the value of supportive engage in inherently religious activi- services. In calculating the amount of ties, such as worship, religious instruc- the matching supportive services, ap- tion, or proselytization as part of the plicants may count: programs or services funded under this (1) Salaries paid to staff of the recipi- part. If an organization conducts such ent to provide supportive services to activities, the activities must be of- S+C participants; fered separately, in time or location, (2) The value of supportive services from the programs or services funded provided by other persons or organiza- under this part, and participation must tions to S+C participants; be voluntary for the beneficiaries of (3) The value of time and services the HUD-funded programs or services. contributed by volunteers at the rate (3) A religious organization that par- of $10.00 an hour, except for donated ticipates in the S+C program will re- professional services which may be tain its independence from Federal, counted at the customary charge for State, and local governments, and may the service provided (professional serv- continue to carry out its mission, in- ices are services ordinarily performed cluding the definition, practice and ex- by donors for payment, such as the pression of its religious beliefs, pro- services of health professionals, that vided that it does not use direct S+C are equivalent to the services they pro- funds to support any inherently reli- vide in their occupations); gious activities, such as worship, reli- (4) The value of any lease on a build- gious instruction, or proselytization. ing used for the provision of supportive Among other things, faith-based orga- services, provided the value included in nizations may use space in their facili- the match is no more than the prorated ties to provide S+C-funded services, share used for the program; and without removing religious art, icons, (5) The cost of outreach activities, as scriptures, or other religious symbols. described in § 582.325(a) of this part. In addition, an S+C-funded religious or- ganization retains its authority over its internal governance, and it may re- (a) Current occupants. Current occu- tain religious terms in its organiza- pants of the real property are not eligi- tion's name, select its board members ble for assistance under this part. How- on a religious basis, and include reli- ever, as described in § 582.335, persons gious references in its organization's displaced as a direct result of acquisi- mission statements and other gov- tion, rehabilitation, or demolition for a erring documents. project under the S+C program are eli- (4) An organization that participates gible for and must be provided reloca- in the S+C program shall not, in pro- tion assistance at Uniform Relocation viding program assistance, discrimi- Act levels. nate against a program beneficiary or (b) Amount of assistance provided with- prospective program beneficiary on the in a jurisdiction. HUD will limit the basis of religion or religious belief. amount of assistance provided within (5) If a State or local government vol- the jurisdiction of any one unit of local untarily contributes its own funds to government to no more than 10 percent supplement federally funded activities, of the amount available. the State or local government has the (c) Faith-based activities. (1) Organiza- - option to segregate the Federal funds tions that are religious or faith-based or commingle them. However, if the are eligible, on the same basis as any funds are commingled, this section ap- other organization, to participate in plies to all of the commingled funds. the S+C program. Neither the Federal (d) Maintenance of effort. No assist- government nor a State or local gov- ance received under this part (or any ernment receiving funds under S+C State or local government funds used programs shall discriminate against an to supplement this assistance) may be organization on the basis of the organi- used to replace funds provided under 242 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.200 any State or local government assist- cated on a reservation of an Indian ance programs previously used, or des- tribe will not require a certification by ignated for use, to assist persons with the tribe or the State. However, where disabilities, homeless persons, or an Indian tribe is the applicant for a homeless persons with disabilities. project that will not be located on a [58 FR 13892, Mar. 15, 1993, as amended at 68 reservation, the requirement for a cer- FR 58407, Sept. 30, 20031 tification under paragraph (b) of this section will apply. § 582.120 Consolidated plan. (d) Timing of consolidated plan certifi- (a) Applicants that are States or units cation submissions. Unless otherwise set of general Iocal government. The apph- forth in the NOFA, the required certifi- cant must have a HUD-approved com- cation that the application for funding plete or abbreviated consolidated plan, is consistent with the HUD-approved in accordance with 24 CFR part 91, and consolidated plan must be submitted must submit a certification that the by the funding application submission application for funding is consistent deadline announced in the NOFA. with the HUD-approved consolidated plan. Funded applicants must certify in [60 FR 16379, Mar. 30, 19951 a grant agreement that they are fol- lowing the HUD-approved consolidated Subpart C—Application and Grant plan. If the applicant is a State, and Award the project will be located in a unit of general local government that is re- § 582.200 Application and grant award. quired to have, or has, a complete con- solidated plan, or that is applying for (a) Review. When funds are made Shelter Plus Care assistance under the available for assistance, HUD will pub- same Notice of Fund Availability lish a notice of fund availability in the (NOFA) and will have an abbreviated FEDERAL REGISTER in accordance with consolidated plan with respect to that the requirements of 24 CFR part 4. Ap- application, the State also must sub- plications will be reviewed and mit a certification by the unit of gen- screened in accordance with the guide- eral local government that the State's lines, rating criteria and procedures application is consistent with the unit published in the notice. of general local government's HUD-ap- (b) Rating criteria. HUD will award proved consolidated plan. funds based on the criteria specified in (b) Applicants that are not States or section 455(a)(1) through (8) of the units of general local government. The McKinney Act (42 U. S.C. 11403d(1)— applicant must submit a certification 11403d(8)) and on the following criteria by the jurisdiction in which the pro- posed project will be located that the authorized by section 455(a)(9) of the jurisdiction is following its HUD-ap- McKinney Act (42 U.S.C. 11403d(9)): proved consolidated plan and the appli- (1) The extent to which the applicant cant's application for funding is con- has demonstrated coordination with sistent with the jurisdiction's HUD-ap- other Federal, State, local, private and proved consolidated plan. The certifi- other entities serving homeless persons cation must be made by the unit of in the planning and operation of the general local government or the State, project, to the extent practicable ; in accordance with the consistency cer- (2) Extent to which the project tar- tification provisions of the consoli- gets homeless persons living in emer- dated plan regulations, 24 CFR part 91, gency shelters, supportive housing for subpart F . homeless persons, or in places not de- (c) Indian tribes and the Insular Areas signed for, or ordinarily used as, a reg- of Guam, the U.S. Virgin Islands, Amer- ular sleeping accommodation for Icon Samoa, and the Northern Mariana human beings; Islands. These entities are not required (3) Quality of the project; and to have a consolidated plan or to make - consolidated plan certifications. An ap- plication by an Indian tribe or other applicant for a project that will be lo- 243 § 582.230 24 CFR Ch. V (4-1-06 Edition) (4) Extent to which the program will formed an environmental review under serve homeless persons who are seri- part 50 and the recipient has received ously mentally 111, have chronic alco- HUD approval of the property. HUD hol and/or drug abuse problems, or will not release grant funds if the re- have AIDS and related diseases. cipient or any other party commits (Approved by the Office of Management and grant funds (i.e., incurs any costs or ex- Budget under control number 2506-0118) penditures to be paid or reimbursed [61 FR 51170, Sept. 30, 19961 with such funds) before the recipient submits and HUD approves its RROF § 582230 Environmental review. (where such submission is required). (a) Activities under this part are sub- [68 FR 56130, Sept. 29, 2003] ject to HUD environmental regulations in part 58 of this title, except that HUD Subpart D—Program Requirements will perform an environmental review in accordance with part 50 of this title § 582.300 General operation. prior to its approval of any condi- (a) Participation of homeless individ- tionally selected applications from uals. (1) Each recipient must provide PHAs for Fiscal Year 2000 and prior for the consultation and participation years for other than the SRO compo- of not less than one homeless indi- nent. For activities under a grant to a vidual or formerly homeless individual PRA that generally would be subject to on the board of directors or other review under part 58, HUD may make a equivalent policy-making entity of the finding in accordance with § 58.11(d) and recipient, to the extent that the entity may itself perform the environmental considers and makes policies and deci- of this under the provisions of part 50 sions regarding any housing assisted je this title if the recipient PHA ob- ander this part or services for the par- jects in writing to the responsible part ticipants. This requirement is waived if 58. performing the review under part the applicant is unable to meet the re- 58. Irrespective of whether the 58 (o- sible entity in accord with part 58 (or gmrement and presents a plan, which HUD in accord with part 50) performs HUD approves, to otherwise consult the environmental review, the recipi- with homeless or formerly homeless in- ent shall supply all available, relevant dividuals in considering and making information necessary for the respon- such policies and decisions. Participa- sible entity (or HUD, if applicable) to tion by such an individual who also is perform for each property any environ- a participant under the program does mental review required by this part. not constitute a conflict of interest The recipient also shall carry out miti- under § 582.340(b) of this part. gating measures required by the re- (2) To the maximum extent prac- sponsible entity (or HUD, if applicable) ticable, each recipient must involve or select alternate eligible property. homeless individuals and families, HUD may eliminate from consideration through employment, volunteer serv- any application that would require an ices, or otherwise, in constructing or Environmental Impact Statement rehabilitating housing assisted under (EIS). this part and in providing supportive (b) The recipient, its project partners services required under § 582.215 of this and their contractors may not acquire, part. rehabilitate, convert, lease, repair, dis- (b) Ongoing assessment of housing and pose of, demolish, or construct prop- supportive services. Each recipient of as- erty for a project under this part, or sistance must conduct an ongoing as- commit or expend HUD or local funds sessment of the housing assistance and for such eligible activities under this supportive services required by the par- part, until the responsible entity (as ticipants, and make adjustments as ap- defined in § 58.2 of this title) has com- propriate . pleted the environmental review proce- (c) Adequate supportive services. Each dures required by part 58 and the envi- recipient must assure that adequate ronmental certification and. RROF supportive services are available to have been approved or HUD has per- participants in the program , 244 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.310 (d) Records and reports. (1) Each re- ing the grant period to ensure that the cipient must keep any records and, units continue to meet the HQ& within the timeframe required, make (b) Rent reasonableness. HUD will only any reports (including those pertaining provide assistance for a unit for which to race, ethnicity, gender, and dis- the rent is reasonable. For TRA, PRA, ability status data) that HUD may re- and SRA, it is the responsibility of the quire. recipient to determine whether the (2) Each recipient must keep on file, rent charged for the unit receiving and make available to the public on re- rental assistance is reasonable in rela- quest, a description of the procedures tion to rents being charged for com- used to select sponsors under the SRA parable unassisted units, taking into component and buildings under the account the location, size, type, qual- SRO, SRA, and PRA components. ity, amenities, facilities, and manage- (3) Each recipient must develop, and ment and maintenance of each unit, as make available to the public upon re- well as not in excess of rents currently quest, its procedures for managing the being charged by the same owner for rental housing assistance funds pro- comparable unassisted units. For SRO, vided by HUD. At a minimum, such rents are calculated in accordance with u procedures must describe how nits 24 CFR 882.805(g). will be identified and selected; how the responsibility for inspections will be [58 FR 13892, Mar. 15; 1993, as amended at 61 handled; the process for deciding which FR 51171, Sept. 30, 1996; 64 FR 50226, Sept. 15, unit a participant will occupy; how 19991 participants will be placed in, or as- sisted in finding appropriate housing; 4582.310 Resident rent. how rent calculations will be made and (a) Amount of rent. Each participant the amount of rental assistance pay- must pay rent in accordance with sec- ments determined; and what safeguards tion 3(a)(1) of the U. S. Housing Act of will be used to prevent the misuse of 1937 (42 U.S. C. 1437a(a)(1)), except that funds. in determining the rent of a person oc- (Approved by the Office of Management and cupying an intermediate care facility Budget under control number 2506-0118) assisted under title XIX of the Social [58 FR 13892, Mar. 15, 1993, as amended at 61 Security Act, the gross income of this FR 51171, Sept. 38, 19961 person is the same as if the person were being assisted under title XVI of the § 582.305 Housing quality standards; Social Security Act. rent reasonableness. (b) Calculating income. (1) Income of (a) Housing quality standards. Housing participants must be calculated in ac- assisted under this part must meet the cordance with 24 CFR 5.609 and 24 CFR applicable housing quality standards 5.611(a). (HQS) under § 982.401 of this title—ex- (2) Recipients must examine a par- cept that § 982.401(3) of this title does ticipant's income initially, and at least not apply and instead part 35, subparts annually thereafter, to determine the A, B, K and R of this title apply—and, amount of rent payable by the partici- for SRO under § 882.803(b) of this title. pant. Adjustments to a participant's Before any assistance will be provided rental payment must be made as nec- on behalf of a participant, the recipi- essary. ent, or another entity acting on behalf (3) As a condition of participation in of the recipient (other than the owner of the housing), must physically in- agrthe program, each participant must oc- spect each unit to assure that the unit umento supplycesthesary information ver fy the meets the HQS. Assistance will not be nmparticipant's necessary . verify the provided for units that fail to meet the mutrovidincome.e Participants HQS, unless the owner corrects any de- must. provide the recipient information . . ficiencies within 30 days from the date at any time regarding changes in a come o of the lease agreement and the recipi f other circumstances that my ay ent verifies that all deficiencies have result changes to -.a - participant's been corrected. Recipients must also rental payment. inspect all units at least annually dur [66 FR 6225, Jan. 19, 2001] . 245 § 582.315 24 CFR Ch. V (4-1 -06 Edition) § 582.315 Occupancy agreements. reach should be primarily directed to- (a) Initial occupancy agreement. Par- ward eligible persons who have a night- ticipants must enter into an occupancy time residence that is an emergency agreement for a term of at least one shelter or a public or private place not month. The occupancy agreement must designed for, or ordinarily used as, a be automatically renewable upon expi- regular sleeping accommodation for ration, except on prior notice by either human beings (e.g., persons living in party cars, streets, and parks). Outreach ac- (b) Terms of agreement. In addition to tivities are considered to be a sup- standard lease provisions, the occu- portive service, and the value of such panty agreement may also include a activities that occur after the execu- provision requiring the participant to tion of the grant agreement may be in- take part in the supportive services eluded in meeting the matching re- provided through the program as a con- quirement. dition of continued occupancy. § 582.330 Nondiscrimination and equal § 582.320 Termination of assistance to opportunity requirements. Participants. (a) General. Recipients may establish (a) Termination of assistance. The re- a preference as part of their admissions cipient may terminate assistance to a procedures for one or more of the Participant who violates program re- statutorily targeted populations (i.e., quirements or conditions of occupancy. seriously mentally ill, alcohol or sub- Recipients must exercise judgment and stance abusers, or persons with AIDS examine all extenuating circumstances and related diseases). However, other in determining when violations are se- eligible disabled homeless persons rious enough to warrant termination, must be considered for housing de- so that a participant's assistance is signed for the target population unless terminated only in the most severe the recipient can demonstrate that cases. Recipients are not prohibited there is sufficient demand by the tar- from resuming assistance to a partici- get population for the units, and other pant whose assistance has been termi- eligible disabled homeless persons nated. would not benefit from the primary (b) Due process. In terminating assist- supportive services provided. ante to a participant, the recipient (b) Compliance with requirements. (1) must provide a formal process that rec- In addition to the nondiscrimination ognizes the rights of individuals receiv- and equal opportunity requirements ing assistance to due process of law. set forth in 24 CFR part 5, recipients This process, at a minimum, must con- serving a designated population of sist of: homeless persons must, within the des- (1) Written notice to the participant ignated population, comply with the containing a clear statement of the prohibitions against discrimination reasons for termination; against handicapped individuals under (2) A review of the decision, in which section 603 of the Rehabilitation Act of the participant is given the oppor- 1973 (29 U. S.C. 794) and implementing tunity to present written or oral objet- regulations at 41 CFR chapter 60-741. tions before a person other than the (2) The nondiscrimination and equal person (or a subordinate of that person) opportunity requirements set forth at who made or approved the termination part 5 of this title are modified as fol- decision; and lows: (3) Prompt written notice of the final (i) The Indian Civil Rights Act (25 decision to the participant. U.S.C. 1301 at seq.) applies to tribes § 582.325 Outreach activities. when they exercise their powers of self- government, and to IHAs when estab- Recipients must use their best efforts lished by the exercise of such powers. to ensure that eligible hard-to-reach When an IIIA is established under persons are served by S+C. Recipients State law, the applicability of the In- are expected to make sustained efforts dian Civil Rights Act will be deter- to engage eligible persons so that they mined on a case-by-case basis. Projects may be brought into the program. Out- subject to the Indian Civil Rights Act 246 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.335 must be developed and operated in URA and the requirements described in compliance with its provisions and all 49 CFR part 24, subpart R. implementing HUD requirements, in- (d) Responsibility of recipient. (1) The stead of title VI and the Fair Housing recipient must certify (i.e., provide as- Act and their implementing regula- surance of compliance) that it will tions. comply with the URA, the regulations (ii) [Reserved] at 49 CFR part 24, and the requirements (c) Affirmative outreach. (1) If the pro- of this section, and must ensure such cedures that the recipient intends to compliance notwithstanding any third use to make known the availability of party's contractual obligation to the the program are unlikely to reach per- recipient to comply with these provi- sons of any particular race, color, reli- sions. gion, sex, age, national origin, familial (2) The cost of required relocation as- status, or handicap who may qualify sistance is an eligible project cost in for assistance, the recipient must es- the same manner and to the same ex- tablish additional procedures that will tent as other project costs. Such costs ensure that interested persons can ob- also may be paid for with local public tain information concerning the assist- funds or £ands available from other ance. sources. (2) The recipient must adopt proce- (3) The recipient must maintain dares to make available information records in sufficient detail to dem- on the existence and locations of facili- onstrate compliance with provisions of ties and services that are accessible to this section. persons with a handicap and maintain (e) Appeals. A person who disagrees evidence of implementation of the pro- with the recipient's determination con- cedures. cerning whether the person qualifies as (d) The accessibility requirements, a "displaced person, " or the amount of reasonable modification, and accom- relocation assistance for which the per- modation requirements of the Fair son is eligible, may file a written ap- Housing Act and of section 504 of the Rehabilitation Act of 1973, as amended. peal of that determination with the re- cipient. Alow-income person who is (58 FR 13892, Mar. 15, 1993, as amended at 61 dissatisfied with the recipient's deter- FR 5218, Feb. 9, 19961 mination on his or her appeal may sub- mit a written request for review of that § 582.335 Displacement, relocation, and determination to the HUD field office, real property acquisition (f) Definition of displaced person. (1) (a) Minimizing displacement. Con- For purposes of this section, the term sistent with the other goals and objec- "displaced person" means a person tives of this part, recipients must as- (family, individual, business, nonprofit sure that they have taken all reason- organization, or farm) that moves from able steps to minimize the displace- real property, or moves personal prop- ment of persons (families, individuals, erty from real property permanently as businesses, nonprofit organizations, a direct result of acquisition, rehabili- and farms) as a result of supportive tation, or demolition for supportive housing assisted under this part. housing project assisted under this (b) Relocationassistance for displaced part. The term "displaced person" in- persons. A displaced person (defined in cludes, but may not be limited to : paragraph (f) of this section) must be (i) A person that moves permanently provided relocation assistance at the from the real property after the prop- levels described in, and in accordance erty owner (or person in control of the with, the requirements of the Uniform site) issues a vacate notice or refuses Relocation Assistance and Real Prop- to renew an expiring lease, if the move erty Acquisition Policies Act of 1970 - occurs on or after: (URA) (42 U.S.C. 4601-4655) and imple- (A) The date that the recipient sub- menting regulations at 49 CFR part 24. mits to HUD an application for assist- (c) Real property acquisition require- ance that is later approved and funded, ments. The acquisition of real property if the recipient has control of the for supportive housing is subject to the project site; or 247 § 582.340 24 CFR Ch. V (4-1 -06 Edition) (B) The date that the recipient ob- (2) Notwithstanding the provisions of tains control of the project site, if such paragraph (f)(1) of this section, a per- control is obtained after the submis- son does not qualify as a "displaced sion of the application to HUD. person" (and 1s not eligible for reloca- (ii) Any person, including a person tion assistance under the URA or this who moves before the date described in section), if: paragraph (f)(1)(i) of this section, if the (f) The person has been evicted for se- recipient or HUD determines that the rious or repeated violation of the terms displacement resulted directly from ac- and conditions of the lease or occu- quisition, rehabilitation, or demolition pancy agreement, violation of appbea- for the assisted project. his Federal, State, or local or tribal (iii) A tenant-occupant of a dwelling law, or other good cause, and HUD de- unit who moves permanently from the termines that the eviction was not un- building/complex on or after the date of dertaken for the purpose of evading the the "initiation of negotiations" (see obligation to provide relocation assist- paragraph (g) of this section) if the ance; move occurs before the tenant has been (if) The person moved into the prop- provided written notice offering him or her the opportunity to lease and oc- erty after the submission of the appli- cupy a suitable, decent, safe and sani- cation and, before signing a lease and tary dwelling in the same building/ commencing occupancy, was provided complex, under reasonable terms and written notice of the project, its pos- conditions, upon completion of the sible impact on the person (e.g. , the project. Such reasonable terms and Person may be displaced, temporarily conditions must include a monthly relocated, or suffer a rent increase) and rent and estimated average monthly the fact that the person would not utility costs that do not exceed the qualify as a "displaced person" (or for greater of: any assistance provided under this sec- (A) The tenant's monthly rent before tion), if the project is approved; the initiation of negotiations and esti- (iii) The person is ineligible under 49 mated average utility costs, or CFR 24.2(8)(2); or (B) 30 percent of gross household in- (iv) HUD determines that the person come. If the initial rent is at or near was not displaced as a direct result of the maximum, there must be a reason- acquisition, rehabilitation, or demoli- able basis for concluding at the time tion for the project. the project is initiated that future rent (3) The recipient may request, at any - increases will be modest. time, HUD 's determination of whether (iv) A tenant of a dwelling who is re- a displacement is or would be covered quired to relocate temporarily, but under this section. does not return to the building/com- plex, if either: (g) Definition of initiation odeo7 determining the (A) A tenant is not offered payment tions. For purposes of determining the for all reasonable out-of-pocket ex- formula for computing the replacement housing assistance to be provided to a tenses mporary relocation, in connection with the residential tenant displaced as a direct temporary relocation, or result of privately undertaken rehabili- (B) Other conditions the tem- tation, demolition, or acquisition of porrelocation are not reasonable . the real property, the term "initiation (v)) A A tenant of a dwelling who moves of negotiations" means the execution from the building/complex perma- nently of the agreement between the recipient after he or she has been re- and HUD, or selection of thero ect quired to move to another unit in the site, if later. P ] same building/complex, if either: (A) The tenant is not offered refm- § 582.340 Other Federal requirements. - bursement for all reasonable out-of- pocket expenses incurred in connection In addition to the Federal require- with the move; or ments set forth in 24 CFR part 5, the (B) Other conditions of the move are following requirements apply to this -not reasonable. program: - 248 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.340 (a) OMB Circulars? (1) The policies, policy or decisionmaking under § 582.300 guidelines, and requirements of OMB of this part does not constitute a con- Circular No. A-87 (Cost Principles Ap- flict of interest. plicable to Grants, Contracts and Other (2) Upon the written request of the Agreements with State and Local Gov- recipient, HUD may grant an exception ernments) and 24 CFR part 85 apply to to the provisions of paragraph (b)(1) of the acceptance and use of assistance this section on a case-by-case basis under the program by governmental when it determine that the exception entities, and OMB Circular Nos. A-110 will serve to further the (Grants and Cooperative Agreements purposes of the program and the effective and with Institutions of Higher Education, t's Hospitals, and Other Nonprofit Organi- zations) and 24 CFR part 84 and A-122 project. An exception may be consid- (Cost Principles Applicable to Grants, ered only after the recipient has pro- Contracts and Other Agreements with vided the following: Nonprofit Institutions) apply to the ac- (i) For States, units of general local ceptance and use of assistance by pri- governments, PHAs and THAs, a disclo- vate nonprofit organizations, except sure of the nature of the conflict, ac- where inconsistent with provisions of companied by an assurance that there the McKinney Act, other Federal stat- has been public disclosure of the con- utes, or this part. flict and a description of how the pub- (2) The financial management sys- lic disclosure was made; and tems used by recipients under this pro- (ii) For all recipients, an opinion of gram must provide for audits in ac- the recipient's attorney that the inter- cordance with the provisions of 24 CFR est for which the exception is sought part 44. Private nonprofit organiza- would not violate State or local law. tions who are subrecipfents are subject (3) In determining whether to grant a to the audit requirements of 24 CFR requested exception after the recipient part 45. HUD may perform or require has satisfactorily met the requirement additional audits as it finds necessary of paragraph (b)(2) of this section, HUD or appropriate. will consider the cumulative effect of (b) Conflict of interest. (1) In addition the following factors, where applicable: to the conflict of interest requirements in 24 CFR part 85, no person who is an (i) Whether the exception would pro- employee, agent, consultant, officer, or vide a significant cost benefit or an es- elected or appointed official of the re- sential degree of expertise to the cipient and who exercises or has exer- project which would otherwise not be cised any functions or responsibilities available; with respect to assisted activities, or (ii) Whether the person affected is a who is in a position to participate in a member of a group or class of eligible decisionmaking process or gala inside persons and the exception will permit information with regard to such activi- such person to receive generally the ties, may obtain a personal or financial same interests or benefits as are being interest or benefit from the activity, or made available or provided to the have an interest in any contract, sub- group or class; contract, or agreement with respect (iii) Whether the affected person has thereto, or the proceeds thereunder, ei- withdrawn from his or her functions or ther for himself or herself or for those responsibilities, or the decisionmaking with whom he or she has family or process with respect to the specific as- business ties, during his or her tenure sisted activity in question; or for one year thereafter. Participa- (iv) Whether the interest or benefit tion by homeless individuals who also was present before the affected person are participants under the program in was in a position as described in para- graph (b)(1) of this section; s Copies of OMB Circulars may be obtained Cram E.O.P. Publications, room 2200, New Ex- (v) Whether undue hardship will re- ecutive Office Building, Washington, DC . salt either to the recipient or the per- 20503, telephone (202) 395-7332. (This is not a son affected when weighed against the toll-free number-) There is a limit of two free public interest served by avoiding the copies. prohibited conflict; and 249 § 582.400 24 CFR Ch. V (4-1 -06 Edition) (vi) Any other relevant consider- (b) Deobligation. (1) HUD may ations. deobligate all or a portion of the ap- [58 FR 13892, Mar. 15, 1993, as amended at 61 proved grant amount if such amount is FR 5210, Feb. 9, 1996; 61 FR 51171, Sept. 30, not expended in a timely manner, or 1996; 62 FR 13539, Mar. 21, 1997] the proposed housing for which funding was approved or the supportive services Subpart E—Administration proposed in the application are not pro- vided in accordance with the approved § 582.400 Grant agreement. application, the requirements of this (a) General. The grant agreement will part, and other applicable HUD regula- be between HUD and the recipient. tions. The grant agreement may set HUD will hold the recipient responsible forth other circumstances under which for the overall administration of the funds may be deobligated, and other program, including overseeing any sub- sanctions may be imposed. recipients or contractors. Under the (2) HUD may readvertise, in a notice grant agreement, the recipient most of fund availability, the availability of agree to operate the program in ac- funds that have been deobligated, or cordance with the provisions of this may reconsider applications that were part and other applicable HUD regain- tions. submitted in response to the most re- (b) Enforcement. HUD will enforce the Gently published notice of fund avail- obligations in the grant agreement ability and select applications for fund- through such action as may be nec- ing with the deobligated funds. Such essary, including recapturing assist- selections would be made in accordance ance awarded under the program. with the selection process described in § 582.220 of this part. Any selections § 582.405 Program changes. made using deobligated funds will be (a) Changes. HUD must approve, in subject to applicable appropriation act writing, any significant changes to an requirements governing the use of approved program. Significant changes deobligated funding authority. that require approval include, but are not limited to , a change in sponsor , a (Approved by the Office of Management and change in the project site for SRO or Budget order control number 2506-0118) PRA with rehabilitation projects, and a change in the type of persons with PART 583—SUPPORTIVE HOUSING disabilities to be served. Depending on PROGRAM the nature of the change, HUD may re- quire a new certification of consistency Subpart A—General with the CHAS (see § 582.120). (b) Approval. Approval for such See. changes is contingent upon the applica- 583.1 Purpose and scope, tion ranking remaining high enough to 583.5 Definitions. have been competitively selected for Subpart B—Asslslance Provided funding in the year the application was selected. 583.100 Types and uses of assistance. § 582.410 Obligation and deobligation 583.105 Grants for acquisition and rehabili- of funds. tation. _ 583.110 Grants for new construction. (a) Obligation of funds. When HUD and 583.115 Grants for leasing. the applicant execute a grant agree- 583.120 Grants for supportive service costs. ment, HUD will obligate funds to cover 583.125 Grants for operating costs. the amount of the approved grant. The 583.130 Commitment of grant amounts for recipient will be expected to carry out leasing, supportive services, and oper- the activities as proposed in the appli- ating costs. cation. After the initial obligation of 583.135 Administrative costs. - funds, HUD is under no obligation to 583.140 Technical assistance. make any upward revisions to the 583.145 Matching requirements. grant amount for any approved assist- 583.150 Limitations on use of assistance. ante. 583.155 Consolidated plan. 250 EXHIBIT 2 TENANT-BASED RENTAL ASSISTANCE (TRA) 1 . 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 $ 110,808 for 19 one bedroom units of tenant-based rental assistance . 2 . The term of this Grant Agreement shall be one ( 1 ) year. One-year renewal grants cannot be extended and unobligated balances will be recaptured by HUD at the end of the grant period . 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 . 4. HUD and the Recipient entered into (insert the number) grant agreements that are herein being consolidated into one grant with the renewal grant. The grants numbers and amount of funds being transferred into this Agreement are : Grant Number $ Grant Number $