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HomeMy WebLinkAbout2006-189 - - 6 � 6 �7 P1yearo, - _ U. S. Department of Housing and Urban Development mo� b ` " r� p Jacksonville Field Office 7¢ o f�5 1 Charles Bennett Federal Building f :a is �IIIIIII * �� "tltl tt !! LLL...... 400 West Bay Street Suite 1015 G9BAN oev00 Jacksonville, Florida 322024410 May 8 , 2006 Arthur R. Neuberger Chair, Board of County Commissioners 1840 25th Street Vero Beach , Florida 32960 Dear Mr. Neuberger: SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number : FL29B509002 Project Identifier Number: FL13199 Congratulations on the final selection of the Supportive Services project for renewal grant funding under the Supportive Housing Program . All conditions attached to your award for this project have been met. This one year award will continue to support your program previously funded by HUD in 2000, further contributing to our national effort to end homelessness . Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $70,063 . 64 allocated as follows : 1 . Grant for operating $ 0 2 . Grant for supportive services $70, 063 . 64 3 . Grant for leasing $ 0 4 . Grant for HMIS $ 0 5 . Grant for administration $ 0 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD . Within two weeks of receipt of this letter, please sign all three, return two to this office and keep one for your files . Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. HUD 's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov The following were provided to you and processed at the time of your most recent grant award : Grantee Financial Instructions, Direct Deposit sign- Up Form (SF- 1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054) , and SNAP's Request Voucher for Grant Payment (HUD-27053-A) . If you need additional forms for any reason , please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed . If you have any questions, please contact Linda Shively CPD Field Office rep . at ((904) 232- 1777 extension 2106 . We look forward to working with you toward the successful continuation of your Supportive Housing Program project. Very sincerely yours, nuC)sey Director, Community Planning and Development Division , 4HD Enclosures Renewal Grant Agreement with Attachment A ( SHP Final Rule ) 2005 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development ( HUD) Indian River County Board of Commissioners, 1840 25th Street, Vero Beach, Florida, Telephone number ( 772) 567-8000, fax number ( 772) 567-5991 , the Recipient, whose Tax ID number is 596000674 for Project Number FL296509002 / Project Identifier Number FL13199 to be located at 2525 St. Lucie Avenue, Vero Beach , Florida . The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U . S. C. 11381 (hereafter "the Act") . The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability ( NOFA) published March 21, 2005 at 70 FR 13576 and 14273 . The term "Application " means the original and renewal application submissions 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 . The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control . The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application . Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement for a period of one year. Eligible costs, as defined by the Act and Attachment A. incurred between the end of Recipient's final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation for this project is $ 70,063 . 64 allocated as follows : 1 . Grant for Operating $ 0 2 . Grant for Supportive Services $ 70,063 . 64 i 3 . Grant for Leasing $ 0 4 . HMIS $ 0 5 . Grant for Administration $ 0 The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available . The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented . The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD . For any project funded by this grant that is also financed through the use of the Low Income. Housing Tax Credit, the following applies : HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose . If grant funds were used for acquisition, rehabilitation or construction, then , throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period . If grant funds were not used for acquisition , rehabilitation or new construction , then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. Y A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which , if known by HUD, would have resulted in this grant not being provided . Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions : (a) direct the Recipient to submit progress schedules for completing approved activities; or ( b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated ; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend , discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program ; or (g ) continue the grant with a substitute recipient of HUD's choosing ; or ( h ) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies . No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. Q This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change, without the prior written approval of HUD . P' SIGNATURES This Grant Agreement is hereby executed as follows : UNITED STATES OF AMERICA Secretary of Housing and Urban Development By : Signatu land Date Gary A. Causey Typed name of signatory Director, Community Planning and Development Title RECIPIENT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Name of Organization By . Lc �-- —� 6 /6 / 06 Autho ed Signature and Date In9i2n Rive C¢ Approved Date Adminl� 6 /1b2 106 Gary C . Wheeler Legal Typed name of signatory Budget G Vice Chairman Dept. (o O Title Risk Mgr. MIRANDA SWANSON , ASSISTANT ADMINISTRATOR , INDIAN RIVER COUNTY HEALTH DEPT . Official Contact Person and Telephone No . and Fax No . TELEPHONE NUMBER : 772 - 794 - 7450 FAX NUMBER : 772 - 794 - 7453 Approved as to Form and Legal Sufficiency: Approved: illiam G. Collins, II County Attorney Joseph gird, County Administrator t LOCOS U .S. Department of Housing OMB Approval No. 2535-0102 and Urban Development (exp. 03/31 /2007) Voice Response System Access Authorization See Instructions, Public Burden, and Privacy Act statements on back before completing this form This form is to be approved by the recipient's The Field Office will forward the original form f to : (or grantee's ) chief executive officer. For newFor Overnight delivery send to : users and reinstate users , retain a copy and U.S. Dept. of Housing and Urban Development Chief Financial Officer, FYM send a notarized original and one copy to Chief Financial Officer, FYM 451 7th Street SW Box 23774 Room 3114 local HUD Field Office for review.ew. WWaashington , DC 20026-3774 Washington , DC 20410 1 . Type of Function (mark one) 2a. User ID (Please leave blank) 2b. Social Security Number (SSN) 1 New User - 5 ❑ Add new Program Area or Tax ID (CFO USE ONLY) (mandatory) r 2 ❑ Reinstate User 6 Change Tax ID 3 Terminate User 7 Change Address 4 Reset Password for active users 8 Resend User-ID 3. Authorized User's Name (last, first, mi) Print or Type Title (mandatory) Office Telephone No. (include area code) Complete Mailing Address E-Mail address (if available) 4. Recipient Organization for which Authority is being Requested - Tax ID Organization's Name Tax ID Organization's Name Tax ID - Organization's Name 5c. 0 = Query Only 5a. LOCCS Program Area 5b. Program Name D = Project Drawdown S = Project Set-Up (HOME, HOP3) A = Admin. Drawdown (HOME, HOP3) 6. Authorized User's Signature Date (mm/dd/yyyy) I authorize the person identified above to access LOCCS via the Voice Response System . 7. Approved by name (Last, First, Mi.) Print or Type Office Telephone Number (include area code) 8. Notary (must be different from user and approving official) (Seal, Signature, and Date Notarized (mm/dd/yyyy) Title (mandatory) Social Security Number (mandatory) Complete Mailing Address E-Mail address (if available) Approving Official's Signature Date (mm/dd/yyyy) Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001 , 1010, 1012; 31 U.S.C. 3729, 3802) Previous editions are obsolete. Page 1 of 1 form HUD-27054 (06/2003) Public reporting burden for this collection of information is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. HUD implemented the Line of Credit Control System[Voice Response System (LOCCS/VRS) to process requests for payments to grantees. Grant recipients fill out a voucher form for the applicable HUD program with all the necessary information prior to making a telephone call using a touch tone telephone to initiate the drawdown process. The grantee will be prompted for entering the information and for confirming information that is spoken back by the VHS simulated voice. This information is required to obtain benefits under the U. S. Housing Act of 1937, as amended. The information requested does not lend itself to confidentiality. Privacy Act Statement: Public Law 97-255 , Financial Integrity Act, 31 U . S . C . 3512, authorizes the Department of Housing and Urban Develop- ment (HUD) to collect all the information which will be used by HUD to protect disbursement data from fraudulent actions . The Housing and Com- munity Development Act of 1987, 42 U . S . C.3543 authorizes HUD to collect the SSN . The purpose of the data is to safeguard the Line of Credit Control System (LOCCS) from unauthorized access. The data are used to ensure that individuals who no longer require access to LOCCS have their access capability promptly deleted . Provision of the SSN is mandatory. HUD uses it as a unique identifier for safeguarding the LOCCS from unauthorized access . This information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. Failure to provide the information requested on the form may delay the processing of your approval for access to LOCCS. Instructions for the LOCCS Voice Response Access Authorization Security Form 1 . Type of Function : 4 . Recipient Organization for which Authority is being re- 1 quested. This will identify the organization the user will be ( ) New User: Userdoess not currently have res. user ID. representing. Enter the organization's Tax ID and organiza- tion must be notarized with original signatures. g tion name. (2) Reinstate User: Used to renew the user's access autho- rization in LOCCS . Form must be notarized with original 5 . Program Authority. Identify the HUD program(s) this user signatures. will be authorized to access for the recipient organization and then enter the corresponding code(s)/name(s) . [Program (3) Terminate User: will immediately terminate the user's Office should provide this information.] access authorizations in LOCCS . - a./b . Contact your local HUD Field Office for the appropriate (4) Reset Password for active users : A temporary pass- 3 or 4-character LOCCS Program Area/Name word will be mailed back to the user to inform him/her of the reset password's value. The user will be required to change c . Enter either "Q " for Query only access , " D" for Project the password on the next access to LOCCS . Drawdown access . Users who select Project Drawdown access, Project Set-Up access, or Administrative Drawdown (5) Add new Program Area or Tax ID : User has a current access will automatically receive Query access. Persons who user ID and will be increasing access capability. have Project Set-Up Authority for a given Tax ID cannot also (6) Change Tax ID : User has a current ID and will be have Project Drawdown Authority for the same Tax ID . " S " changing the Tax ID. This function is not to be used to change and "A " are reserved for use with the HOME and HOPE approving official, or substitute a user. Contact Field Office Programs. contact for procedures. 6. Signature. The signature for whom access is being re- (7) Change Address : User is changing the current mailing quested and the date (mm/dd/yyyy) this authorization was address. signed. send 7 . Approval. Enter the name, title, SSN (social security num- User-ID um- Use ReLOUser-ID- User has no knowledge of existing ber), office phone, office address, signature and date from/ dd/yyyy) of the approving official representing the recipient 2 a. User ID : This block will be filled in by the LOCCS organization . Approving officials cannot approve them- Security Officer for all ID 's . selves for access to the system, and must be the user's b . Social Security Number : Mandatory . Used to preclude supervisor. duplicate issuance of authorization for the same person. See 8 . Notary. Must be different from user and approving official . the Privacy Act Statement above . [Do not user Federal Tax Seal and signature of the official who notarizes this form and ID Number] date (mm/dd/yyyy). Notary should notarize both signatures . 3 . User Information: All fields are mandatory. Failure to Notary is only required for new user and reinstate user. enter any of these fields will cause the security request to be rejected . Enter the user's last name, first name, and middle initial . Enter the user's office phone number. Include the area code. Enter user's mailing address, city, State and zip code. Previous editions are obsolete. Page i form HUD-27054 (06/2003) Request for Release of Funds U .S. Department of Housing OMB No. 2506-0087 and Urban Development (exp. 12/31 /2007) and Certification Office of Community Planning and Development This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58. 2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States . Public reporting burden forthis collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions , searching existing data sources, gathering and maintaining the data needed , and completing and reviewing the collection of information . This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Part 1 . Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1 . Program Titles) FHUD/Statedentification Number 3. Recipient Identification Number (optional) 4. OMB Catalog Number(s) address of responsible entity 6. For information about this request, contact (name & phone number) 7. Name and address of recipient (if different than responsible entity) 8. HUD or State Agency and office unit to receive request The recipient(s) of assistance under the programs) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, Stale) 11 . Program Activity/Project Description Previous editions are obsolete form HUD-7015.15 (1/99) Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1 . The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s ) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969 , as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CPR 58.5 ; and also agrees to comply with the authorities in 24 CPR 58 .6 and applicable State and local laws . 3 . After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part l of this request, I have found that the proposal [] did [7] did not require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/orpublished in the manner prescribed by 24 CFR 58 . 43 and 58 . 55 a notice to the public in accordance with 24 CFR 58 .70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure . 5 . The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58 . 6 . In accordance with 24 CFR 58 . 71 (b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7 . I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58 . 5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8 . I am authorized to and do accept, on behalf of the recipient personally , the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity Title of Certifying Officer Date signed X Address of Certifying Officer Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions , procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58 . 71 (b) Signature of Authorized Officer of the Recipient Title of Authorized Officer Date signed X Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/orcivil penalties. (18 U.S.C. 1001 , 1010, 1012; 31 U .S.C. 3729, 3802) Previous editions are obsolete form HUD-7015.15 ( 1 /99) Standard Form 1199A (EG) OMB No. 151 M007 (Rev. June 198]) Prescribed erntby Treasury DIRECT DEPOSIT SIGN -UP FORM Department Treasury Dept. Cir. 1076 ' DIRECTIONS • To sign up for Direct Deposit, the payee is to read the back of this form o The claim number and type of payment are printed on Government and fill in the information requested in Sections 1 and 2. Then take or checks. (See the sample check on the back of this form.) This mail this form to the financial institution. The financial institution will information is also stated on beneficiary/annuitant award letters and verify the information in Sections 1 and 2, and will complete Section 3, other documents from the Government agency. The completed form will be returned to the Government agency identified below. • Payees must keep the Government agency informed of any address changes in order to receive important information about benefits and to • A separate form must be completed for each type of payment to be remain qualified for payments. sent by Direct Deposit. SECTION 1 (TO BE COMPLETED BY PAYEE) A NAME OF PAYEE (last, Fist, middle initial) D TYPE OF DEPOSITOR ACCOUNT CHECKING SAVINGS E DEPOSITOR ACCOUNT NUMBER ADDRESS (street, route, P.O. Bax, APO/FPO) CITY STATE ZIP CODE F TYPE OF PAYMENT (Check onlyone) ❑ Social Security ❑ Fed. Salary/Mil. Civilian Pay TELEPHONE NUMBER El Supplemental Security Income ❑ Mil. Active ElRailroad Retirement ❑ Mil. Retire. AREA CODE B NAME OF PERSON(S) ENTITLED TO PAYMENT E] Civil Service Retirement (OPM) El mil. Survivor ❑ VA Compensation or Pension ❑ Other (specify) C CLAIM OR PAYROLL ID NUMBER G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (If applicable) TYPE AMOUNT Prefix Suffix PAYEEIJOINT PAYEE CERTIFICATION JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) I certify that I am entitled to the payment identified above, and that I have I certify that I have read and understood the back of this form, read and understood the back of this form . In signing this form, I including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. authorize my payment to be sent to the financial institution named below to be deposited to the designated account. SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SECTION 2 (TO BE COMPLETED BY PAYEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION ROUTING NUMBER CHECK DIGIT DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the identity of the above-named payee(s) and the account number and title. As representative of the above-named financial institution, I certify that the financial institution agrees to receive and deposit the payment identified above in accordance with 31 CFR Parts 240, 209, and 210. PRINT OR TYPE REPRESENTATIVE'S NAME SIGNATURE OF REPRESENTATIVE TELEPHONE NUMBER DATE Financial institutions should refer to the GREEN BOOK for further instructions. THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 754(1 058-=4 GOVERNMENT AGENCY COPY 1199.207 Designed using Perform Pro, MSIDIOR, Mar 97 Standard Form I LSSA (EG) (RevJune 1987) OMB No. 1510-0007 . Prescribed yTreasury Department DIRECT DEPOSIT SIGN -UP FORM D Treasury Dept Cir, 1076 DIRECTIONS • To sign up for Direct Deposit, the payee is to read the back of this form • The claim number and type of payment are printed on Government and fill in the information requested in Sections 1 and 2. Then take or checks. (See the sample check on the back of this form.) This mail this form to the financial institution. The financial institution will information is also stated on beneficiary/annuitant award letters and verify the information in Sections 1 and 2, and will complete Section 3, other documents from the Government agency. The completed form will be returned to the Government agency identified below. • Payees must keep the Government agency informed of any address changes in order to receive important information about benefits and to • A separate form must be completed for each type of payment to be remain qualified for payments. sent by Direct Deposit. SECTION 1 (TO BE COMPLETED BYPAYEE) A NAME OF PAYEE (last, first, middle initial) D TYPE OF DEPOSITOR ACCOUNT❑ CHECKING ❑ SAVINGS E DEPOSITOR ACCOUNT NUMBER ADDRESS (street, route, PO. Box, APO/FPO) CITY STATE ZIP CODE F TYPE OF PAYMENT (Check only one) ❑ Social Security ❑ Fed. Salary/Mil. Civilian Pay TELEPHONE NUMBER ❑ Supplemental Security Income ❑ Mil. Active AREA CODE ❑ Railroad Retirement ❑ Mil. Retire, B NAME OF PERSON(S) ENTITLED TO PAYMENT ❑ Civil Service Retirement (OPM) ❑ Mit. Survivor ❑ VA Compensation or Pension ❑ Other (specify) C CLAIM OR PAYROLL ID NUMBER G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (if applicable) TYPE AMOUNT Prefix Suffix PAYEEIJOINT PAYEE CERTIFICATION JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) 1 certify that I am entitled to the payment identified above, and that I have I certify that 1 have read and understood the back of this form , read and understood the back of this form. In signing this form, I including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. authorize my payment to be sent to the financial institution named below to be deposited to the designated account. SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SECTION 2 (TO BE COMPLETED BY PAYEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BYFINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION ROUTING NUMBER CHECK 111111 M 11111:1 DIGIT❑ DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the identity of the above-named payee(s) and the account number and title. As representative of the above-named financial institution, I certify that the financial institution agrees to receive and deposit the payment identified above in accordance with 31 CFR Parts 240, 209, and 210. PRINT OR TYPE REPRESENTATIVE'S NAME SIGNATURE OF REPRESENTATIVE TELEPHONE NUMBER DATE Financial institutions should refer to the GREEN BOOK for further instructions. THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE, NSN 754041 .058 0224 FINANCIAL INSTITUTION COPY 1199-207 Designed using Pertorm Pro, NMS/DIOR, Mar 97 Standard Form 1199A (EG) OMB No. 1510-0007 (Rev. June 198]) Prescribed t " DIRECT DEPOSIT SIGN -UP FORM Department Treasury Dept. Cr. 1076 DIRECTIONS • To sign up for Direct Deposit, the payee is to read the back of this form • The claim number and type of payment are printed on Government and fill in the information requested in Sections 1 and 2. Then take or checks. (See the Sample check on the back of this form.) This mail this form to the financial Institution. The financial institution will information is also stated on beneficiarylannuitant award letters and verify the information in Sections 1 and 2, and will complete Section 3. other documents from the Government agency. The completed form will be returned to the Government agency identified below. • Payees must keep the Government agency informed of any address changes in order to receive important information about benefits and to • A separate form must be completed for each type of payment to be remain qualified for payments. sent by Direct Deposit. SECTION 1 (TO BE COMPLETED BY PAYEE) A NAME OF PAYEE (last, first, middle initial) D TYPE OF DEPOSITOR ACCOUNT❑ CHECKING ❑ SAVINGS E DEPOSITOR ACCOUNT NUMBER ADDRESS (street, route, P. O. Box, AP01FPO) CITY STATE ZIP CODE F TYPE OF PAYMENT (Check only one) ❑ Social Security ❑ Fed. Salary/Mil. Civilian Pay TELEPHONE NUMBER El Supplemental Security Income El Mil. Active ❑ Railroad Retirement ❑ Mil. Retire. AREA CODE El CIA Service Retirement (OPM) El Mil. Survivor B NAME OF PERSON(S) ENTITLED TO PAYMENT ❑ VA Compensation or Pension ❑ Other (specify) C CLAIM OR PAYROLL ID NUMBER G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (d applicable) TYPE AMOUNT Prefix Suffix PAYEEIJOINT PAYEE CERTIFICATION JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) I certify that I am entitled to the payment identified above, and that I have I certify that I have read and understood the back of this form, read and understood the back of this form . In signing this form, I including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. authorize my payment to be sent to the financial institution named below to be deposited to the designated account. SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SECTION 2 (TO BE COMPLETED BY PAYEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION ROUTING NUMBER CHECK DIGIT 110 DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the identity of the above-named payee(s) and the account number and title. As representative of the above-named financial institution, I certify that the financial institution agrees to receive and deposit the payment identified above in accordance with 31 CFR Parts 240, 209, and 210. PRINT OR TYPE REPRESENTATIVE'S NAME SIGNATURE OF REPRESENTATIVE TELEPHONE NUMBER DATE Financial institutions should refer to the GREEN BOOK forfurther instructions. THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 7540-01 -058-0224PAYEE COPY 1199-207 Designed using Perform Pro, NHVDIOR, Mar 97 i SF 1199A (Back) BURDEN ESTIMATE STATEMENT The estimated average burden associated with this collection of information is 10 minutes per respondent or recordkeeper, depending on individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Financial Management Service, Facilities Management Division , Property & Supply Section, Room B-101 , 3700 East-West Highway, Hyattsville, MD 20782 or the Office of Management and Budget, Paperwork Reduction Project ( 1510-0007), Washington , D. C. 20503. PLEASE READ THIS CAREFULLY All information on this form, including the individual claim number, is required under 31 USC 3322, 31 CFR 209 and/or 210 . The information is confidential and is needed to prove entitlement to payments. The information will be used to process payment data from the Federal agency to the financial institution and/or its agent. Failure to provide the requested information may affect the processing of this form and may delay or prevent the receipt of payments through the Direct Deposit/Electronic Funds Transfer Program . INFORMATION FOUND ON CHECKS Most of the information needed to complete boxes A, United States Treasury 15-51 C , and F in Section 1 is printed on your government Check Na Month Da Year AUSTIN, Tli p S check: oa 31 84 0000ck415785 No, Be sure that payee's name is written exactly as it ap- c C 28 28 DOu RS CTs ZY pears on the check. Be sure current address is shown. Payto Ne orderer IN © the numbers and e is are primed here on checks F beneath the date forr the type of payment shown here. Check the Green Book for the location of prefixes and suffixes for other types of payments. A NOT NEGOTIABLE OF Type of payment is printed to the left of the amount. 00000518- 041571926 ' SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS Joint account holders should immediately advise both the Government agency and the financial institution of the death of a beneficiary . Funds deposited after the date of death or ineligibility, except for salary payments , are to be returned to the Government agency. The Government agency will then make a determination regarding survivor rights , calculate survivor benefit payments, if any, and begin payments. CANCELLATION The agreement represented by this authorization remains in effect until cancelled by the recipient by notice to the Federal agency or by the death or legal incapacity of the recipient. Upon cancellation by the recipient, the recipient should notify the receiving financial institution that he/she is doing so. The agreement represented by this authorization may be cancelled by the financial institution by providing the recipient a written notice 30 days in advance of the cancellation date . The recipient must immediately advise the Federal agency if the authorization is cancelled by the financial institution . The financial institution cannot cancel the authorization by advice to the Government agency. CHANGING RECEIVING FINANCIAL INSTITUTIONS The payee's Direct Deposit will continue to be received by the selected financial institution until the Government agency is notified by the payee that the payee wishes to change the financial institution receiving the Direct Deposit. To effect this change, the payee will complete a new SF 1199A at the newly selected financial institution . It is recommended that the payee maintain accounts at both financial institutions until the transition is complete , i. e . after the new financial institution receives the payee 's Direct Deposit payment. FALSE STATEMENTS OR FRAUDULENT CLAIMS Federal law provides a fine of not more than $10 ,000 or imprisonment for not more than five (5) years or both for presenting a false statement or making a fraudulent claim. It t Pt. 583 24 CFR Ch. V (4-1 -05 Edition) submitted in response to the most re- 583.405 Program changes. cently published notice of fund avail- 583.410 Obligation and deobligation of funds. ability and select applications for fund- A=OR=: 42 U.S. C. 11389 and 3535(d) . Ing with the deobligated funds. Such SOURCE: o FR 13871 , Mar. 15. 1993, unless selections would be made in accordance otherwise no with the selection process described in ted. § 582.220 of this part. Any selections Subpart A—General made using deobligated funds will be P subject to applicable appropriation act § 583.1 Purpose and scope. requirements governing the use of deobligated funding authority. (a) General. The Supportive Housing (Approved by the Office of Management and Program is authorized by title IV of Budget under control number 2506-0118) the Stewart B. McKinney Homeless As- sistance Act (the McKinney Act) (42 PART 583—SUPP6RTIVE HOUSING U.S . C . 11381-11389) . The Supportive PROGRAM Housing program is designed to pro- mote the development of supportive Subpart A--General housing and supportive services, in- cluding innovative approaches to assist Sec. homeless persons in the transition 583. 1 Purpose and scope. from homelessness, and to promote the 583.5 Definitions. provision of supportive housing to Subpart B—Assistance Provided homeless persons to enable them to P live as independently as possible. 583. 100 Types and uses of assistance. (b) Components. Funds under this part 583. 105 Grants for acquisition and rehabili- may be used for: tation. (1) Transitional housing to facilitate 583. 110 Grants for new construction. the movement of homeless individuals 583. 115 Grants for leasing. and families to permanent housing; 583. 120 Grants for supportive service costs. 583. 125 Grants for operating costs. (2) Permanent housing that provides 583. 130 Commitment of grant amounts for long-term housing for homeless persons leasing, supportive services, and oper- with disabilities; ating costs. (3) Housing that is, or is part of, a 583. 135 Administrative costs. particularly innovative project for, ' or 583. 140 -Technical assistance, alternative methods of, meeting the 583.145 Matching requirements. immediate and long-term needs of 583. 150 Limitations on use of assistance. 583. 155 Consolidated plan. homeless persons; or (4) Supportive services for homeless Subpart C—Application and Grant Award persons not provided in conjunction Process with supportive housing. 583.200 Application and grant award. 158 FR 13871, Mar. 15, 1993, as amended at 61 583.230 Environmental review. FR 51175, Sept. 30, 1996) 583.235 Renewal grants. § 583.5 Definitions. Subpart D—Program Requirements As used in this part: 583.300 General operation. Applicant is defined in section 422 (1) 583.305 Term of commitment; repayment of of the McKinney Act (42 U .S .C. grants: prevention of undue benefits. 11382 (1)) . For purposes of this defini- 583.310 Displacement, relocation, and acqui- tion, governmental entities include siti°n. - 583.315 Resident rent. those that have general governmental 583.320 Site control. powers (such as a city or County) , as 583.325 Nondiscrimination and equal oppor- well as those that have limited or spe- tunity requirements. tial powers (such as public housing 583.330 Applicability of other Federal re- agencies) . quirements. Consolidated plan means the plan that Subpart E—Administration a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 583.400 Grant agreement. 91 . 248 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583. 100 Date of initial occupancy means the Project is defined in sections 422 (8) date that the supportive housing is ini- and 424(d) of the McKinney Act (42 tially occupied by a homeless person U. S . C. 11382(8) , 11384 (d)) . for whom HUD provides assistance Recipient is defined in section 422 (9) of under this part. If the assistance is for the McKinney Act (42 U.S .C. 11382 (9)) . an existing homeless facility, the date Rehabilitation means the improve- of initial occupancy is the date that ment or repair of an existing structure services are first provided to the resi- or an addition to an existing structure dents of supportive housing with fund- that does not increase the floor area by ing under this part. more than 100 percent. Rehabilitation Date of initial service provision means does not include minor or routine re- the date that supportive services are pairs. - initially provided with funds under this State is defined in section 422 (11) of part to homeless persons who do not the McKinney Act (42 U.S.C. 11382 (11)) . reside in supportive housing. This defi- Supportive housing is defined in sec- nition applies only to projects funded tion 424(a) of the McKinney Act (42 under this part that do not provide sup- U. S . C. 11384 (a)) . portive housing. Supportive services is defined in sec- Disability is defined in section 422 (2) tion 425 of the McKinney Act (42 U. S . C. of the McKinney Act (42 U.S.C. 11385) . 11382(2)) . Transitional housing is defined in sec- Homeless person means an individual tion 424 (b) of the McKinney Act (42 or family that is described in section U.S.C . 11384(b)) . See also § 583.3000) . 103 of the McKinney Act (42 U. S.C. Tribe is defined in section 102 of the 11302) . Housing and Community Development Metropolitan city is defined in section Act of 1974 (42 U. S.C . 5302) . 102(a) (4) of the Housing and Commu- Urban county is defined in section nity Development Act of 1974 (42 U. S. C. 102(a) (6) of the Housing and Commu- 5302 (a) (4)) . In general, metropolitan cit- nity Development Act of 1974 (42 U.S.C. ies are those cities that are eligible for 5302 (a) (6)) . In general, urban counties an entitlement grant under 24 CFR are those counties that are eligible for part 570, subpart D. an entitlement grant under 24 CFR New construction means the building part 570, subpart D. of a structure where none existed or an - 161 FR 51175, Sept. 30, 19961 addition to an existing structure that increases the floor area by more than Subpart B—Assistance Provided 100 percent. Operating costs is defined irr section § 583.100 Types and uses of assistance. 422(5) of the McKinney Act (42 U. S . C. (a) Grant assistance. Assistance in the 11382 (5)) . form of grants is available for acquisi- Outpatient health services is defined in tion of structures, rehabilitation of section 422(6) of the McKinney Act (42 structures, acquisition and rehabilita- U .S .C. 11382 (6)) . tion of structures, new construction, Permanent housing for homeless persons leasing, operating costs for supportive with disabilities is defined in section housing, and supportive services, as de- 424(c) of the McKinney Act (42 U. S. C . scribed in §§ 583. 105 through 583 . 125. Ap- 11384(c)) . plicants may apply for more than one Private nonprofit organization is de- type of assistance. fined in section 422 (7) (A) , (B) , and (D) (b) Uses of grant assistance. Grant as- of the McKinney Act (42 U. S .C. 11382(7)-. sistance may be used to : (A) , (B) , and MD . The organization (1) Establish new supportive housing must also have a functioning account- facilities or new facilities to provide ing system that is operated in accord- supportive services; ante with generally accepted account- (2) Expand existing facilities in order ing principles, or designate an entity to increase the number of homeless that will maintain a functioning ac- persons served; counting system for the organization (3) - Bring existing facilities up to a in accordance with generally accepted level that meets State and local gov- accounting principles, ernment health and safety standards; 249 § 583. 105 . 24 CFR Ch. V (4-1 -05 Edition) (4) Provide additional supportive and rehabilitation costs, grants of services for residents of supportive more than $200,000, but not more than housing or for homeless persons not re- $400,000, may be available. siding in supportive housing; (5) Purchase HUD-owned single fam- § 583.110 Grants for new construction. ily properties currently leased by the (a) Use. HUD will grant funds to re- applicant for use as a homeless facility cipients to pay a portion of the cost of under 24 CFR part 291 ; and new construction, including cost-effec- (6) Continue funding supportive hous- tive energy measures and the cost of ing where the recipient has received land associated with that construction, funding under this part for leasing, for use in the provision of supportive supportive services, or operating costs. housing. If the grant funds are used for (c) Structures used for multiple pur- new construction, the applicant must poses. Structures used to provide sup- demonstrate that the costs associated portive housing or supportive services with new construction are substan- may also be used for other purposes, tially less than the costs associated except that assistance under this part with rehabilitation or that there is a will be available only in proportion to lack of available appropriate units that the use of the structure for supportive could be rehabilitated at a cost less housing or supportive services. than new construction. For purposes of (d) Technical assistance. HUD may this cost comparison, costs associated offer technical assistance , as described with rehabilitation or new construc- in § 583 . 140. tion may include the cost of real prop- [58 FR 13871 , Mar. 15, 1993, as amended at 59 erty acquisition. FR 36891 , July 19, 19941 (b) Amount. The maximum grant available for new construction is the § 583.105 Grants for acquisition and lower of: rehabilitation. (1) $400,000; or - (a) Use. HUD will grant funds to re- (2) The total cost of the new con- cipients to: struction, including the cost of land as- (1) Pay. a portion of the cost of the sociated with that construction, minus acquisition of real property selected by the applicant 's contribution toward the the recipients for use in the provision cost of same. of supportive housing or supportive § 583.115 Grants for leasing. services, including the repayment of any outstanding debt on a loan made (a) General. HUD will provide grants - to purchase property that has not been to pay (as described in § 583. 130 of this used previously as supportive housing part) for the actual costs of leasing a or for supportive services; structure or structures, or portions (2) Pay 'a portion of the cost of reha- thereof, used to provide supportive bilitation of structures, including cost- housing or supportive services for up to effective energy measures, selected by five years. , the recipients to provide supportive (b) (1) Leasing structures. Where grants housing or supportive services; or are used to pay rent for all or part of (3) Pay a portion of the cost of acqui- structures, the rent paid must be rea- sition and rehabilitation of structures, sonable in relation to rents being as described in paragraphs (a) (1) and (2) charged in the area for comparable of this section. space. In addition, the rent paid may (b) Amount. The maximum grant not exceed rents currently being available for acquisition, rehabilita- charged by the same owner for com- _ tion, or acquisition and rehabilitation parable space. is the lower of: (2) Leasing individual units. Where (1) $200,000; or grants are used to pay rent for indi- (2) The total cost of the acquisition, vidual housing units , the rent paid rehabilitation, or acquisition and reha- must be reasonable in relation to rents bilitation minus the applicant's con- being charged for comparable units, tribution toward the cost . taking into account the location, size, (c) Increased amounts. In areas deter- type, quality, amenities, facilities, and mined by HUD to have high acquisition management services. In addition, the 250 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583. 140 rents may not exceed rents currently (c) Recipient match requirement for op- being charged by the same owner for erating costs. Assistance for operating comparable unassisted units, and the costs will be available for up to 75 per- portion of rentspaidwith grant funds cent of the total cost in each year of may not exceed HUD-determined fair the grant term. The recipient must pay market rents. Recipients may use the percentage of the actual operating grant funds in an amount up to one costs not funded by HUD. At the end of month's rent to pay the non-recipient each operating year, the recipient must landlord for any damages to leased demonstrate that it has met its match units by homeless participants. requirement of the costs for that year. - 158 FR 13871 , Mar. 15, 1993, as amended at 59 [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 36891 , July 19, 19941 FR 51175. Sept. 30, 1996: 65 FR 30823, May 12, 29001 § 583.120 Grants for supportive serv- ices costs. § 583.130 Commitment of grant (a) General. HUD will provide grants amounts for leasing, supportive to pay (as described in § 583. 130 of this services, and operating costs. part) for the actual costs of supportive Upon execution of a grant agreement services for homeless persons for up to covering assistance for leasing, sup- five years. All or part of the supportive portive services, or operating costs, services may be provided directly by HUD will obligate amounts for a period the recipient or by arrangement with not to exceed five operating years. The public or private service providers . total amount obligated will be equal to (b) Supportive services costs. Costs as- an amount necessary for the specified sociated with providing supportive years of operation, less the recipient's services include salaries paid to pro- share of operating costs. viders of supportive services and any (Approved by the Office of Management and other costs directly associated with Budget under OMB control number 2506-0112) providing such services. For a transi- tional housing project, supportive serv- 159 FR 36891, July 19, 19941 ices costs also include the costs of serv- ices provided to former residents of § 583.135 Administrative costs. transitional housing to assist their ad- (a) General. Up to five percent of any justment to independent living. Such grant awarded under this part may be services may be provided for up to six used for the purpose of paying costs of months after they leave the transi- administering the assistance. tional housing facility. (b) Administrative costs. Administra- [58 FR 13871 , Mar. 15, 1993, as amended at 59 tive costs include the costs associated FR 36891, July 19, 19941 with accounting for the use of grant funds, preparing reports for submission § 583.125 Grants for operating costs, to HUD, obtaining program audits , similar costs related to administering (a) Genera/. HUD will provide grants the grant after the award, and staff sal- to pay a portion (as described in aries associated with these administra- § 583. 130) of the actual operating costs tive costs. They do not include the of supportive housing for up to five costs of carrying out eligible activities years. under §§ 583. 105 through 583. 125. (b) Operating costs. Operating costs are those associated with the day-to- 158 FR 13871, Mar. 15, 1993, as amended at fit day operation of the supportive hous- FR 51175, Sept. 30, 19961 ing. They also include the actual ex- penses that a recipient incurs for con- § 583.140 Technical assistance. ducting on-going assessments of the (a) General. HUD may set aside funds supportive services needed by residents annually to provide technical assist- and the availability of such services; ante, either directly by HUD staff or relocation assistance under § 583 .310, in- indirectly through third-party pro- cluding payments and services; and in- viders, for any supportive housing surance. project. This technical assistance is for 251 § 583. 145 24 CFR Ch. V (4-1 -05 Edition) the purpose of promoting the develop- -(b) Faith-based activities. (1) Organiza- ment of supportive housing and sup- tions that are religious or faith-based portive services as part of a continuum are eligible, on the same basis as any of care approach, including innovative other organization, to participate in approaches to assist homeless persons the Supportive Housing Program. Nei- in the transition from homelessness, ther the Federal government nor a and promoting the provision of sup- State or local government receiving portive housing to homeless persons to funds under Supportive Housing pro- enable them to live as independently as grams shall discriminate against an or- possible. ganization on the basis of the organiza- (b) Uses of technical assistance. HUD tion's religious character or affiliation. may use these funds to provide tech- (2) Organizations that are directly nical assistance to prospective appli- funded under the Supportive Housing cants , applicants, recipients, or other Program may not engage in inherently providers of supportive housing or serv- religious activities, such as worship, ices for homeless persons, for sup- religious instruction, or proselytiza- portive housing projects. The assist- tion as part of the programs or services ance may include, but is not limited to, funded under this part. If an organiza- written information such as papers, tion conducts such activities, the ac- monographs , manuals, guides, and bro- tivities must be offered separately, in chures; person-to-person exchanges; time or location, from the programs or and training and related costs. services funded under this part, and (c) Selection of providers. From time participation must be voluntary for the to time, as HUD determines the need, beneficiaries of the HUD-funded pro- HUD may advertise and competitively grams or services. select providers to deliver technical as- (3) A religious organization that par- sistance. HUD may enter into con- ticipates in the Supportive Housing tracts, grants, or cooperative agree- Program will retain its independence ments, when necessary , to implement from Federal , State, and local govern- the technical assistance. ments, and may continue to carry out 159 FR 36892, July 19, 19941 its mission, including the definition, practice, and expression of its religious § 583.145 Matching requirements. beliefs, provided that it does not use di- (a) General. The recipient must rect Supportive - Housing Program match the funds provided by HUD for funds to support any inherently reli- grants for acquisition, rehabilitation, gious activities, such as worship, reli- and new construction with an equal gious instruction , or proselytization. amount of funds from other sources. Among other things , faith-based orga- (b) Cash resources. The matching nizations may use space in their facili- - funds must be cash resources provided ties to provide Supportive Housing to the project by one or more of the Program-funded services, without re- following: the recipient. the Federal moving religious art, icons, scriptures, government, State and local govern- or other religious symbols. In addition, ments, and private resources. a Supportive Housing Program-funded (c) Maintenance of effort. State or religious organization retains its au- local government funds used in the thority over its internal governance, matching contribution are subject to and it may retain religious terms in its the maintenance of effort requirements organization's name, select its board described at § 583. 150(a) . members on a religious basis, and in- clude religious references in its organi- § 583.150 Limitations on use of assist- zation's mission statements and other anOe• governing documents. (a) Maintenance of effort. No assist- (4) An organization that participates ance provided under this part (or any in the Supportive Housing Program State or local government funds used shall not, in providing program assist- to supplement this assistance) may be ance, discriminate against a program used to replace State or local funds beneficiary or prospective program previously used, or designated for use, beneficiary on the basis of religion or to assist homeless persons. religious belief. 252 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583. 155 (5) Program funds may not be used § 583.155 Consolidated plan. for the acquisition, construction, or re- habilitation of structures to the extent ( Applicants that are States or units general loco! government. The appli- that those structures are used for in- herently religious activities. Program cant must have a HUD-approved com- lete or abbreviated consolidated plan, p Funds may be used for the acquisition, in accordance with 24 CFR part 91 , and construction, or rehabilitation of must submit a certification that the structures only to the extent that application for funding is consistent those structures are used for con- with the HUD-approved consolidated ducting eligible activities under this plan. Funded applicants must certify in part. Where a structure is used for both a grant agreement that they are fol- - eligible and inherently religious activi- lowing the HUD-approved consolidated ties, program funds may not exceed the plan. cost of those portions of the acquisi- tion, construction, or rehabilitation (b) Applicants that are not Slates or that are attributable to eligible activi- units of general local government. The ties in accordance with the cost ac- applicant must submit a certification counting requirements applicable to by the jurisdiction in which the pro- Supportive Housing Program funds in posed project will be located that the this part. Sanctuaries, chapels, or applicant's application for funding is other rooms that a Supportive Housing consistent with the jurisdiction's HUD- Program-funded religious congregation approved consolidated plan. The cer- uses as its principal place of worship, tification must be made by the unit of e, however, are ineligible for Supportive general local government si the State, Housing Program-funded improve- in accordance with the consistency consolicer- ments. Disposition of real property tification provisions of the part 9i- after the term of the grant, or any dated plan regulations, 24 CFR part 91 , change in use of the property during subpart F . the term of the grant, is subject to gov- (c) Indian tribes and the Insular Areas ernment-wide regulations governing is Guam, the U.S. Virgin isAmer- real property disposition (see 24 CFR con Samoa, and the Northern Mariana Islands, parts 84 and 85) . Islands. These entities are not required to have a consolidated plan or (6) If a State or local government vol- . An make untarily contributes its own funds to consolidated plan certifications. - plication by an Indian tribe or other supplement federally funded activities, applicant for a project that will be lo- the State or local government has the cated on a reservation of an Indian option to segregate the Federal funds tribe will not require a certification by or commingle them. However, if the the tribe or the State. However, where funds are commingled, this section ap- plies to all of the commingled funds . an Indian tribe is the applicant for a (c) Participant control of site. Wherean project that will not be located on a applicant does not propose to have con- reservation, the requirement for a cer- tificationtrol of a site or sites but rather pro- under paragraph (b) of this poses to assist a homeless family or in- section will apply. dividual in obtaining a lease, which (d) Timing of consolidated plan - may include assistance with rent pay- cation submissions. Unless otherwissee set ments and receiving supportive serv- forth in the NOFA, the required certifi- ices, after which time the family or in- cation that the application for funding dividual remains in the same housing is consistent with the HUD-approved without further assistance underthis consolidated plan must be submitted part, that applicant may not request by the funding application submission deadline announced in the NOFA. assistance for acquisition, rehabilita- tion, or new construction. 160 FR 16380, Mar. 30, 1995] 158 FR 13871 , Mar. 15. 1993, as amended at 59 FR 36892, July 19, 1993; 68 FR 56407, Sept. 30, 2003] 253 It § 583.200 24 CFR Ch. V (4-1 -05 Edition) Subpart C—Application and Grant for a project under this part, or com- Award Process mit or expend HUD or local funds for such eligible activities under this part, § 583.200 Application and grant award. until the responsible entity (as defined When funds are made available for in § 58.2 of this title) has completed the assistance, HUD will publish a notice environmental review procedures re- of funding availability (NOFA) in the quired by part 58 and the environ- FEDERAL REGISTER, in accordance with mental certification and RROF have the requirements of 24 CFR part 4. HUD been approved HUD has performed will review and screen applications in an environmentaall review under part 50 accordance with the requirements in and the recipient has received HUD ap- section 426 of the McKinney Act (42 reteproal of the fundprops if the re will not r U. S .C. 11386) and the guidelines, rating release grana funds if the recipient or any other party commits grant funds criteria, and procedures published in (i. e., incurs any costs or expenditures the NOFA. to be paid or reimbursed with such [61 FR 51176, Sept. 30, 19961 funds) before the recipient submits and HUD approves its RROF (where such § 583.230 Environmental review. submission is required) . (a) Activities under this part are sub- [68 FR 56131, Sept. 29. 20031 ject to HUD environmental regulations in part 58 of this title, except that HUD § 583.235 Renewal grants. will perform an environmental review (a) General. Grants made under this in accordance with part 50 of this title part, and grants made under subtitles prior to its approval of any condi- C and D (the Supportive Housing Dem- tionally selected applications for Fis- onstration and SAFAH, respectively) of cal Year 2000 and prior years that were the Stewart B. McKinney Homeless As- received directly from private non- sistance Act as in effect before October profit entities and governmental enti- 28, 1992, may be renewed on a non- ties with special or limited purpose competitive basis to continue ongoing powers. For activities under a grant leasing, operations, and supportive that generally would be subject to re- services for additional years beyond view under part 58, HUD may make a the initial funding period. To be con- finding in accordance with 558. 11 (d) and sidered for renewal funding for leasing, may itself perform the environmental operating costs, or supportive services, review under the provisions of part 50 . recipients must submit a request for of this title if the recipient objects in such funding in the form specified by writing to the responsible entity's per- HUD, must meet the requirements of forming the review under part 58. Irre- - this part, and must submit requests spective of whether the responsible en- within the time period established by tity in accord with part 58 (or HUD in HUD, accord with part 50) performs the envi- (b) Assistance available. The first re- ronmental review, the recipient shall newal will be for a period of time not supply all available, relevant informa- to exceed the difference between the tion necessary for the responsible enti- end of the initial funding period and ty (or HUD, if applicable) to perform ten years from the date of initial occu- for each property any environmental pancy or the date of initial service pro- review required by this part. The re- vision, as applicable. Any subsequent cipient also shall carry out mitigating renewal will be for a period of time not measures required by the responsible to exceed five years. Assistance during entity (or HUD, if applicable) or select each year of the renewal period, sub- alternate eligible property. HUD may jeer to maintenance of effort require- eliminate from consideration any ap- ments under § 583 . 150(a) may be for: plication that would require an Envi- (1) Up to 50 percent of the actual op- ronmental Impact Statement (EIS) . erating and leasing costs in the final (b) The recipient, its project partners year of the initial funding period; and their contractors may not acquire, (2) Up to the amount of HUD assist- rehabilitate, convert, lease, repair, dis- ance for supportive services in the final pose of, demolish or construct property year of the initial funding period; and 254 Ofc. of Asst. Secy.; Comm. Planning, Develop., HUD § 583.300 (3) An allowance for cost increases. quirements in the jurisdiction in which (c) HUD review. (1) HUD will review the project is located regarding the the request for renewal and will evalu- condition of the structure and the op- ate the recipient's performance in pre- eration of the housing or services. vious years against the plans and goals (b) Habitability standards. Except for established in the initial application such variations as are proposed by the for assistance, as amended. HUD will recipient and approved by HUD, sup- approve the request for renewal unless portive housing must meet the fol- the recipient proposes to serve a popu- lowing requirements: lation that is not homeless, or the re- (I) Structure and materials. The struc- cipient has not shown adequate tures must be structurally sound so as progress as evidenced by an unaccept- not to pose any threat to the health ably slow expenditure of funds , or the and safety of the occupants and so as recipient has been unsuccessful in as- to protect the residents from the ele- sisting participants in achieving and ments. maintaining independent living. In de- (2) Access. The housing must be acces- termining the recipient's success in as- sible and capable of being utilized sisting participants to achieve and without unauthorized use of other pri- maintain independent living, consider- ation will be given to the level and vote properties. Structures must pro- type of problems of participants. For vide alternate means of egress in case recipients with a poor record of suc- of fire. cess, HUD will also consider the recipi- (3) Space and security. Each resident ent's willingness to accept technical must be afforded adequate space and assistance and to make changes sug- security for themselves and their be- gested by _ technical assistance pro- longings. Each resident must be pro- viders. Other factors which will affect vided an acceptable place to sleep. HUD's decision to approve a renewal (9) Interior air quality. Every room or request include the following: a con- space must be provided with natural or tinuing history of inadequate financial mechanical ventilation. Structures management accounting practices, in- must be free of pollutants in the air at dications of mismanagement on the levels that threaten the health of resi- part of the recipient, a drastic reduc- dents . tion in the population served by the re- (5) Water supply. The water supply cipient, program changes made by the must be free from contamination. recipient without prior HUD approval, (6) Sanitary facilities. Residents must and loss of project site. have access to sufficient sanitary fa- (2) HUD reserves the right to reject a cilities that are in proper operating request from any organization with an condition, may be used in privacy, and _ outstanding obligation to HUD that is are adequate for personal cleanliness in arrears or for which a payment and the disposal of human waste. schedule has not been agreed to , or (7) Thermal environment. The housing whose response to an audit finding is must have adequate heating and/or - overdue or unsatisfactory. - cooling facilities in proper operating (3) HUD will notify the recipient in condition. writing that the request has been ap- (g) illumination and electricity. The - proved or disapproved. housing must have adequate natural or (Approved by the Office of Management and artificial illumination to permit nor- Budget under control number 2506-0112) mal indoor activities and to support the health and safety of residents. Suf- Subpart D—Program Requirements ficient electrical sources must be pro- vided to permit use of essential elec- § 583.300 General operation. trical appliances while assuring safety (a) State and local requirements. Each from fire. recipient of assistance under this part (9) Food preparation and refuse dis- must provide housing or services that posal. All food preparation areas must are in compliance with all applicable contain suitable space and equipment State and local housing codes, licens- to store, prepare, and serve food in a ing requirements, and any other re- sanitary manner. 255 § 583.300 24 CFR Ch. V (4-1 -05 Edition) (10) Sanitary condition, The housing for HUD approval to otherwise consult and any equipment must be maintained with homeless or formerly homeless in sanitary condition. persons in considering and making (11) Fire safety. (i) Each unit must in- policies and decisions. See also clude at least one battery-operated or § 583 .330(e) . hard-wired smoke detector, in proper (2) Each recipient of assistance under working condition, on each occupied this part must, to the maximum extent level of the unit. Smoke detectors practicable, involve homeless individ- must be located, to the extent prac- uals and families, through employ- ticable, in a hallway adjacent to a bed- ment, volunteer services, or otherwise, room. If the unit is occupied by hear- in constructing, rehabilitating, main- ing-impaired persons, smoke detectors taining, and operating the project and must have an alarm system designed in providing supportive services for the for hearing-impaired persons in each project. bedroom occupied by a hearing-im- (g) Records and reports. Each recipient paired person. of assistance under this part must keep (ii) The public areas of all housing any records and make any reports (in- must be equipped with a sufficient cluding those pertaining to race, eth- number, but not less than one for each nicity, gender, and disability status area, of battery-operated or hard-wired data) that HUD may require within the smoke detectors. Public areas include, timeframe required. but are not limited to, laundry rooms, (h) Confidentiality. Each recipient community rooms, day care centers, that provides family violence preven- hallways, stairwells , and other com- tion or treatment services must de- mon areas. velop and implement procedures to en- (c) Meals. Each recipient of assist- sure: ance under this part who provides sup- (1) The confidentiality of records per- portive housing for homeless persons taining to any individual services; and with disabilities must provide meals or (2) That the address or location of meal preparation facilities for resi- any project assisted will not be made dents. public, except with written authoriza- (d) Ongoing assessment of supportive tion of the person or persons respon- services. Each recipient of assistance sible for the operation of the project. under this part must conduct an ongo- (i) Termination of housing assistance. ing assessment of the supportive serv- The recipient may terminate assist- ices required by the residents of the ance to a participant who violates pro- project and the availability of such gram requirements. Recipients should services, and make adjustments as ap- terminate assistance only in the most propriate. severe cases. Recipients may resume (e) Residential supervision. Each re- assistance to a participant whose as- cipient of assistance under this part sistance was previously terminated. In must provide residential supervision as terminating assistance to a partici- necessary to facilitate the adequate pant, the recipient must provide a for- provision of supportive services to the mal process that recognizes the rights residents of the housing throughout of individuals receiving assistance to the term of the commitment to operate due process of law. This process, at a supportive housing. Residential super- minimum, must consist of: vision may include the employment of (1) Written notice to the participant a full- or part-time residential super- containing a clear statement of the . visor with sufficient knowledge to pro- reasons for termination; vide or to supervise the provision of (2) A review of the decision, in which supportive services to the residents. the participant is given the oppor- (1) Participation of homeless persons. (1) tunity to present written or oral objec- Each recipient must provide for the tions before a person other than the participation of homeless persons as re- person (or a subordinate of that person) quired in section 426 (8) of the McKin- who made or approved the termination ney Act (42 U.S .C. 11386 (g)) . This re- decision; and quirement is waived if an applicant is (3) Prompt written notice ofthefinal unable to meet it and presents a plan decision to the participant. 256 r Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.310 (j) Limitation of stay in transitional § 583.310 Displacement, relocation, and housing. A homeless individual or fam- acquisition. ily may remain in transitional housing (a) Minimizing displacement. Con- for a period longer than 24 months, if sistent with the other goals and objec- permanent housing for the individual tives of this part, recipients must as- or family has not been located or if the sure that they have taken all reason- individual or family requires addi- able steps to minimize the displace- tional time to prepare for independent ment of persons (families, individuals. living. However, HUD may discontinue businesses, nonprofit organizations, assistance for a transitional housing and farms) as a result of supportive project if more than half of the home- housing assisted under this part. less individuals or families remain in (b) Relocation assistance for displaced that project longer than 24 months. persons. A displaced person (defined in (k) Outpatient health services. Out- paragraph (f) of this section) must be patient health services provided by the provided relocation assistance at the recipient must be approved as appro- levels described in, and in accordance priate by HUD and the Department of With , the requirements of the Uniform Health and Human Services (HHS) . Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970 Upon receipt of an application that proposes the provision of outpatient (URA) (42 U.S .C. ns at 655) and art 24. health services, HUD will consult with m(c) Re regulations at 49 CFR part 24. HHS with respect to theappropriate- (c) Real property acquisition require- HHSments. The acquisition of real property ness of the proposed services. for supportive housing is subject to the (1) Annual assurances. Recipients who URA and the requirements described in receive assistance only for leasing, op- 49 CFR part 24, subpart B. crating costs or supportive services (d) Responsibility of recipient. (1) The costs must provide an annual assur- recipient must certify (i. e. , provide as- ance for each year such assistance is surance of compliance) that it will received that the project will be oper- comply with the URA, the regulations - ated for the purpose specified in the ap- at 49 CFR part 24 , and the requirements plication. of this section, and must ensure such (Approved by the Office of Management and compliance notwithstanding any third Bparty's contractual obligation to the Budget under control number recipient to comply with these provi- [58 FR 13871, Mar. 15, 1993, as amended at 59 sions. FR 36892, July 19, 1994; 61 FR 51176, Sept. 30, (2) The cost of required relocation as- 19961 - - sistance is an eligible project cost in the same manner and to the same ex- § 583.305 Term of commitment; repay- tent as other project costs . Such costs ment of grants; prevention of undue also may be paid for with local public benefits. - funds or funds available from other (a) Term of commitment and conversion. sources. Recipients must agree to operate the (3) The recipient must maintain housing or provide supportive services records in sufficient detail to dem- in accordance with this part and with onstrate compliance with provisions of sections 423 (b) (1) and (b) (3) of the this section. McKinney Act (42 U.S .C. 11383(b) (1) , (e) Appeals. A person who disagrees 11383 (b) (3)) . with the recipient's determination con- (b) Repayment of grant and prevention cerning whether the person qualifies as of undue benefits. In accordance with a "displaced person, ' or the amount of section 423 (c) of the McKinney Act (42 relocation assistance for which the per- U.S . C. 11383(c)) , HUD will require re- son is eligible, may file a written ap- cipients to repay the grant unless HUD peal of that determination with the re- has authorized conversion of the cipient. A low-income person who is project under section 423(b) (3) of the dissatisfied with the recipient's deter- McKinney Act (42 U.S. C. 11383 (b) (3)) . mination on his or her appeal may sub- mit a written request for review of that [61 FR 51176, Sept. 30, 1996] determination to the HUD field office. 257 § 583.310 24 CFR Ch. V (4-1 -05 Edition) (f) Definition of displaced person. (1) does not return to the building/com- For purposes of this section, the term plex, if either: _ ' ' displaced person" means a person (A) A tenant is not offered payment (family, individual, business, nonprofit for all reasonable out-of-pocket ex- organization, or farm) that moves from penses incurred in connection with the real property, or moves personal prop- temporary relocation, or _ erty from real property permanently as (B) Other conditions of the tem- - a direct result of acquisition, rehabili- porary relocation are not reasonable. ration, or demolition for supportive (v) A tenant of a dwelling who moves housing projects assisted under this from the building/complex perma- part. The term "displaced person" in- nently after he or she has been re- cludes, but may not be limited to: quired to move to another unit in the _ (i) A person that moves permanently same building/complex, if either: from the real property after the prop- (A) The tenant is not offered reim- erty owner (or person in control of the bursement for all reasonable out-of- site) issues a vacate notice, or refuses pocket expenses incurred in connection to renew an expiring lease in order to with the move; or evade the responsibility to provide re- (B) Other conditions of the move are location assistance, if the move occurs not reasonable. on or after the date the recipient sub- (2) Notwithstanding the provisions of mits to HUD the application or appli- paragraph (f) (1) of this section, a per- cation amendment designating the son does not qualify as a "displaced project site. person" (and is 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 (� (1) (i) of this section, if the (i) 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 applica- for the assisted project. ble Federal, State, or local or tribal (iii) A tenant-occupant of a dwelling law, or other good cause, and HUD obligation de- unit who moves permanently from the termines that the eviction was not un- dertaken for the purpose of evading the building/complex on or after the date of o the "initiation of negotiations" (see obligaon to provide relocation assist- paragraph (g) of this section) if the ante; move occurs before the tenant has been (ii) The person moved into the prop- move after the submission of the provided written notice offering him or cation and, before signing a leasea and and her the opportunity to lease and oc- commencing occupancy, was provided cupy a suitable, decent, safe and sani- written notice of the project, its pos- - tary dwelling in the same building/ Bible impact on the person (e.g. , the complex, under reasonable terms and person may be displaced, temporarily _ . conditions, upon completion of the relocated, or suffer a rent increase) and - project. Such reasonable terms and the fact that the person would not conditions must include a monthly qualify as a "displaced person" (or for rent and estimated average monthly any assistance provided under this sec- - - utility costs that do not exceed the tion) , if the project is approved; greater of: (iii) The person is ineligible under 49 (A) The tenant's monthly rent before CFR 24. 2 (g) (2) ; or the initiation of negotiations and esti- (iv) HUD determines that the person mated average utility costs, or was not displaced as a direct result of (B) 30 percent of gross household in- acquisition, rehabilitation, or demoli- come. -If the initial rent is at or near tion for the project. the maximum, there must be a reason- (3) The recipient may request, at any able basis for concluding at the time time, HUD's determination of whether the project is initiated that future rent a displacement is or would be covered increases will be modest. under this section. (iv) A tenant of a dwelling who is re- (g) Definition of initiation of negotia- quired to relocate temporarily, but tions. For purposes of determining the 258 i Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.320 formula for computing the replacement- (c) Fees. In addition to resident rent, housing assistance to be provided to a recipients may charge residents rea- residential tenant displaced as a direct sonable fees for services not paid with result of privately undertaken rehabili- grant funds. tation, demolition, or acquisition of [58 13871, Mar. 15, amended at 5 the real property, the term " 36initiation FR 36892, July 19, 1994;; 66 66 F FR 6225, Jan. 19,. of negotiations' means the execution 200t] of the agreement between the recipient and HUD . § 583.320 Site control. (h) Definition of project. For purposes (a) Site control. (1) Where grant funds of this section, the term ' 'project" will be used for acquisition, rehabilita- means an undertaking paid for in tion , or new construction to provide whole or in part with assistance under supportive housing or supportive serv- this part. Two or more activities that ices, or where grant funds will be used are integrally related, each essential to for operating costs of supportive hous- the others , are considered a single ing, or where grant funds will be used project, whether or not all component to provide supportive services except activities receive assistance under this where an applicant will provide serv- part. ices at sites not operated by the appli- 158 FR 2,13871 , July 19, 19991 cant, an applicant must demonstrate FR 36692, JulMar. 15 , 1993, as amended a[ 59 site control before HUD will execute a grant agreement (e.g. , through a deed, § 583.315 Resident rent. lease, executed contract of sale) . If such site control is not demonstrated (a) Calculation of resident rent. Each within one year after initial notifica- resident of supportive housing may be tion of the award of assistance under required to pay as rent an amount de- this part, the grant will be deobligated termined by the recipient which may as provided in paragraph (c) of this sec- not exceed the highest of: tion. (1) 30 percent of the family's monthly (2) Where grant funds will be used to adjusted income (adjustment factors lease all or part of a structure to pro- include the number of people in the vide supportive housing or supportive family, age of family members, medical services, or where grant funds will be expenses and child care expenses) . The used to lease individual housing units calculation of the family's monthly ad- for homeless persons who will eventu- justed income must include the ex- ally control the units, site control need pense deductions provided in 24 CFR not be demonstrated. 5.611 (a) , and for persons with disabil- - (b) Site change. (1) A . recipient may ities , the calculation of the family's obtain ownership or control of a suit- monthly adjusted income also must in- able site different from the one speci- clude the disallowance of earned in- fied ' in its application. Retention of an come as provided in 24 CFR 5 .617, if ap- assistance award is subject to the new plicable; - - site's meeting all requirements under (2) 10 percent of the family's monthly - this part for suitable sites. gross income; or (2) . If the acquisition, rehabilitation, (3) If the family is receiving pay- acquisition and rehabilitation, or new ments for welfare assistance from a construction costs for the substitute public agency and a part of the pay- site are greater than the amount of the ments, adjusted in accordance with the grant awarded for the site specified in family's actual housing costs, is spe- the application, the recipient must pro- cifically designated by the agency to vide for all additional costs. If the re- meet the family's housing costs, the cipient is unable to demonstrate to portion of the payment that is des- HUD that it is able to provide for the ignated for housing costs. difference in costs, HUD may (b) Use of rent. Resident rent may be deobligate the award of assistance. used in the operation of the project or (c) Failure to obtain site control within may be reserved, in whole or in part, to one year. HUD will recapture or assist residents of transitional housing deobligate any award for assistance in moving to permanent housing. under this part if the recipient is not in 259 § 583.325 24 CFR Ch. V (4-1-05 Edition) control. of a suitable site before the ex- struction accessibility requirements of piration of one year after initial notifi- the Fair Housing Act and section 504 of cation of an award. the Rehabilitation Act of 1973, and the reasonable accommodation and reha- § 583.325 Nondiscrimination and equal bilitation accessibility requirements of opportunity requirements. section 504 as follows: (a) General. Notwithstanding the per- (1) All new construction must meet missibility of proposals that serve des- the accessibility requirements of 24 ignated populations of disabled home- CFR 8.22 and, as applicable, 24 CFR less persons, recipients serving a des- 100.205. ignated population of disabled home- (2) Projects in which costs of reha- less persons are required, within the bilitation are 75 percent or more of the designated population, to comply with replacement cost of the building must these requirements for nondiscrimina- meet the requirements of 24 CFR tion on the basis of race, color, reli- 823(a) . Other rehabilitation must meet gion, sex, national origin, age, familial the requirements of 24 CFR 8.23(6) . status, and disability. [58 FR 13871, Mar. 1s, 1993, as amended at 59 (b) Nondiscrimination and equal oppor- FR 33894, June 30. 1994; fir FR 5210, Feb. 9 , trinity requirements. The nondiscrimina- 1996; 61 FR 51176, Sept. 30. 19961 tion and equal opportunity require- ments set forth at part 5 of this title § 583.330 Applicability of other Federal apply to this program. The Indian Civil requirements. Rights Act (25 U.S .C . 1301 et seq.) ap- In addition to the requirements set plies to tribes when they exercise their forth in 24 CFR part 5 , use of assistance powers of self-government, and to In- provided under this part must comply dian housing authorities (IHAs) when with the following Federal require- established by the exercise of such ments: powers. when an IHA is established (a) Flood insurance. (1) The Flood Dis- under State law, the applicability of aster Protection Act of 1973 (42 U.S.C. the Indian Civil Rights Act will be de- 4001-4128) prohibits the approval of ap- termined on a case-by-case basis. plications for assistance for acquisition Projects subject to the Indian Civil or construction (including rehabilita- Rights Act must ce developed and open- tion) for supportive housing located in and in compliance with its provisions an area identified by the Federal Emer- and all implementing HUD require- enc Management Agency (FEMA) as Housing instead of title r and the Fair g >' g g y Housing Act and their implementing having special flood hazards, unless : . regulations. (f) The community in which the area (c) procedures. (1) If the procedures is situated is participating in the Na- _ that therecipientintends to use to tional Flood Insurance Program (see 44 make known the availability of the CFR parts 59 through 79) , or less than supportive housing are unlikely to a year has passed since FEMA notifica- reach persons of any particular race, tion regarding such hazards; and color, religion, sex, age. national ori- (ii) Flood insurance is obtained as a gin, familial status, or handicap who condition of approval of the applica- may qualify for admission to the hous- tion. ing, the recipient must establish addi- (2) Applicants with supportive Nous- _ tional procedures that will ensure that ing located in an area identified by suchP ersons can obtain information FEMA as having special flood hazards - concerning availability of the housing. and receiving assistance for acquisition (2) The recipient must adopt proce- or construction (including rehabilita- dures to make available information tion) are responsible for assuring that on the existence and locations of facili- flood insurance under the National ties and services that are accessible to Flood Insurance Program is obtained persons with a handicap and maintain and maintained. evidence of implementation of the pro- (b) The Coastal Barrier Resources cedures. Act of 1982 (16 U.S.C. 3501 at seq.) may (d) Accessibility requirements. The re- apply to proposals under this part, de- cipient must comply with the new con- pending on the assistance requested. 260 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.330 (c) Applicability of OMB Circulars. The § 583 .300(f) does not constitute a con- policies, guidelines, and requirements flict of interest. of OMB Circular No. A-87 (Cost Prin- (2) Upon the written request of the ciples Applicable to Grants, Contracts recipient, HUD may grant an exception and Other Agreements with State and to the provisions of paragraph (e) (1) of Local Governments) and 24 CFR part 85 this section on a case-by-case basis apply to the award, acceptance, and when it determines that the exception use of assistance under the program by will serve to further the purposes of governmental entities, and OMB Cir- the program and the effective and effi- cular Nos . A-110 (Grants and Coopera- cient administration of the recipient's tive Agreements with Institutions of project. An exception may be consid- Higher Education, Hospitals, and Other ered only after the recipient has pro- Nonprofit Organizations) and A-122 vided the following: (Cost Principles Applicable to Grants, (i) For States and other govern- Contracts and Other Agreements with mental entities, a disclosure of the na- Nonprofit Institutions) apply to the ac- ture of the conflict, accompanied by an ceptance and use of assistance by pri- assurance that there has been public vate nonprofit organizations, except disclosure of the conflict and a descrip- where inconsistent with the provisions tion of how the public disclosure was of the McKinney Act, other Federal made; and statutes , or this part. (Copies of OMB (ii) For all recipients, an opinion of Circulars may be obtained from E. O.P. the recipient's attorney that the inter- Publications, room 2200, New Executive est for which the exception is sought Office Building, Washington, DC 20503, would not violate State or local law. telephone (202) 395-7332 . (This is not a (3) In determining whether to grant a toll-free number.) There is a limit of requested exception after the recipient two free copies. has satisfactorily met the requirement (d) Lead-based paint. The Lead-Based of paragraph (e) (2) of this section, HUD Paint Poisoning Prevention Act (42 will consider the cumulative effect of U.S .C . 4821-4846) , the Residential Lead- the following factors, where applicable: Based Paint Hazard Reduction Act of (i) Whether the exception would pro- 1992 (42 U. S .C. 4851-4856) , and imple- vide a significant cost benefit or an es- menting regulations at part 35 , sub- sential degree of expertise to the parts A, B, J, K. and R of this title project which would otherwise not be apply to activities under this program. available; (e) Conflicts of interest. (1) In addition (ii) Whether the person affected is a to the conflict of interest requirements member of a group or class of eligible in 24 CFR part 85 , no person who is an persons and the exception will permit employee, agent, consultant, officer, or such person to receive generally the elected or appointed official of the re- same interests or benefits as are being cipient and who exercises or has exer- made available or provided to the cised any functions or responsibilities group or class; with respect to assisted activities, or (iii) Whether the affected person has who is in a position to participate in a withdrawn from his or her functions or decisionmaking process or gain inside responsibilities, or the decisionmaking information with regard to such activi- process with respect to the specific as- ties, may obtain a personal or financial sisted activity in question; interest or benefit from the activity, or (iv) Whether the interest or benefit have an interest in any contract, sub- was present before the affected person contract, or agreement with respect was in a position as described in para- thereto, or the proceeds thereunder, ei- graph (e) (1) of this section; ther for himself or herself or for those (v) Whether undue hardship will re- with whom he or she has family or sult either to the recipient or the per- business ties , during his or her tenure son affected when weighed against the or for one year thereafter. Participa- public interest served by avoiding the tion by homeless individuals who also prohibited conflict; and are participants under the program in (vi) Any other relevant consider- policy or decisionmaking under ations . 261 § 583.400 24 CFR Ch. V (4-1 -05 Edition) (f) Audit. The financial management must be fully documented in the recipi- systems used by recipients under this ent's records . program must provide for audits in ac- [58 FR 13871 , Mar. 15, 1993, as amended at 61 cordance with 24 CFR part 44 or part 45, FR 51176, Sept. 30, 19961 as applicable. HUD may perform or re- quire additional audits as it finds nec- § 583.410 Obligation and deobligation essary or appropriate. of funds. (g) Davis-Bacon Act. The provisions (a) Obligation of funds. When HUD and of the Davis-Bacon Act do not apply to the applicant execute a grant agree- - this program. ,ment. funds are obligated to cover the 158 FR 13871 , Mar. 15, 1993, as amended at 61 amount of the approved assistance FR 5211 , Feb. 9, 1996; 64 FR 50226, Sept. 15 , under subpart B of this part. The re- 19991 cipient will be expected to carry out the supportive housing or supportive Subpart E—Administration services activities as proposed in the application. § 583.400 Grant agreement. (b) Increases. After the initial obliga- tion of funds, HUD will not make revi- (a) General. The duty to provide sup- sions to increase the amount obligated. portive housing or supportive services (c) Deobligation. (1) HUD may in accordance with the requirements of deobligate all or parts of grants for ac- this part will be incorporated in a quisition, rehabilitation, acquisition grant agreement executed by HUD and and rehabilitation, or new construc- the recipient. tion: (b) Enforcement. HUD will enforce the (f) If the actual total cost of acquisi- obligations in the grant agreement tion, rehabilitation, acquisition and re- through such action as may be appro- habilitation, or new construction is priate, including repayment of funds less than the total cost anticipated in that have already been disbursed to the the application; or recipient. (ii) If proposed activities for which funding was approved are not begun § 583.405 Program changes. within three months or residents do (a) HUD approval. (1) A recipient may not begin to occupy the facility within not make any significant changes to an nine months after grant execution. approved program without prior HUD (2) HUD may deobligate the amounts approval. Significant changes include, for annual leasing costs, operating but are not limited to, a change in the costs or supportive services in any recipient, a change in the project site, Year. additions or deletions in the types of n If the actual leasing costs, oper- - activities listed in § 583.100 of this part sting costs supportive services for approved for the program or a shift of that year aree less than the total cost more than 10 percent of funds from one anticipated in the application; or . (ii) If the proposed supportive hous- approved type of activity to another, ing operations are not begun within and a change in the category of partici- three months after the units are avail- pants to be served. Depending on the able for occupancy, nature of the change , HUD may require a new certification of consistent with (3) The grant agreement may set Y forth in detail other circumstances the consolidated plan (see § 583. 155) . under which funds may be deobligated, (2) Approval for changes is contin- and other sanctions may be imposed. gent upon the application ranking re- (4) HUD may: maining high enough after the ap- (i) Readvertise the availability of proved change to have been competi- funds that have been deobligated under tively selected for funding in the year this section in a notice of fund avail- the application was selected. ability under § 583 . 200, or (b) Documentation of other changes. (ii) Award deobligated funds to appli- Any changes to an approved program cations previously submitted in re- that do not require prior HUD approval sponse to the most recently published 262 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 585.3 notice of fund availability, and in ac- SOURCE: 60 FR 9737, Feb. 21 , 1995 , unless cordance with subpart C of this part. otherwise noted. PART 585—YOUTHBUILD PROGRAM Subpart A—General Subpart A--General § 585.1 Authority. Sec. (a) Genera/. The Youthbuild program 585. 1 Authority. is authorized under subtitle D of title 585. 2 Program purpose. IV of the National Affordable Housing 585.3 Program components. Act (42 U.S .C. 8011) , as added by section 585.4 Definitions. 164 of the Housing and Community De- Subpart B [Reserved] velopment Act of 1992 (Pub. L. 102-550) . (b) Authority restriction. No provision Subpart C—Youthbuild Planning Grants of the Youthbuild program may be con- strued to authorize any agency, officer, 585.201 Purpose. or employee of the United States to ex- 585. 202 Award limits. ercise any direction, supervision, or 585.203 Grant term. control over the curriculum, program 585.204 Locational considerations. of instruction, administration, or585.205 Eligible activities. per- sonnel of any educational institution, Subpart D—Youthbuild Implementation school, or school system, or over the Grants selection of library resources , text- books, or other printed or published in- 585.301 Purpose. structional materials used by any edu- 585.302 Award limits. cational institution or school system 585. 303 Grant term. 585.304 Locational considerations. participating in a Youthbuild program. 585.305 Eligible activities. 585. 306 Designation of costs. § 585.2 Program purpose. 585.307 Environmental procedures and The purposes of the Youthbuild pro- standards. gram are set out in section 451 of the 585.308 Relocation assistance and real prop- National Affordable Housing Act 42 prop- erty acquisition. 8 585. 309 Project-related restrictions applica- U. S .C . 12899) ("NAHA") . ble to Youthbuild residential rental [61 FR 52187, Oct. 4, 1996] housing. 585.310 Project-related restrictions applica- § 585.3 Program components. ble to Youthbuild transitional housing for the homeless. A Youthbuild implementation pro- 585.311 Project-related restrictions applica- gram uses comprehensive and multi- ble to Youthbuild homeownership hous- disciplinary approaches designed to 'ng' prepare young adults who have dropped discrimination. outg 585.312 Wages. labor standards, and non- of high school for educational and 585. 313 Labor standards. employment opportunities by employ- ing them as construction trainees on Subpart E—Administration work sites for housing designated for 585.401 Recordkeeping by recipients. homeless persons and low- and very 585.402 Grant agreement. low-income families. A Youthbuild 585.403 Reporting requirements. planning grant is designed to give re- 585.404 Program changes. cipients sufficient time and financial 585.405 Obligation and deobligation of funds. resources to develop a comprehensive 585.406 Faith-based activities. Youthbuildprogram that can be effec- Subpart F—Applicability of Other Federal tively implemented. Youthbuild pro- Requirements grams must contain the three compo- nents described in paragraphs (a) , (b) 585.501 Application of OMB Circulars. and (d) of this section. Other activities 585.502 Certifications. described in paragraph (c) of this sec- 585.503 Conflict of interest. tion are optional: 585.504 Use of debarred, suspended, or ineli- (a) Educational services, including: gible contractors. (1) Services and activities designed to AUTHORITY: 42 U.S.C. 3535(d) and 8011, meet the basic educational needs of 263 y �y' v U. S. Department of Housing and Urban Development 1 PSy.Eaipp n� Jacksonville Field Office 'vo 04 la g Charles Bennett Federal Building 400 West Bay Street Suite 1015 cyenEVE� Jacksonville, Florida 32202-4410 May 8, 2006 Arthur R. Neuberger Chair, Board of County Commissioners Indian River County 184025 th Street Vero Beach, Florida 32960 Dear Mr. Neuberger: SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number : FL29B509003 Project Identifier Number : FL13167 Congratulations on the final selection of the HMIS project for renewal grant funding under the Supportive Housing Program . All conditions attached to your award for this project have been met. This one year award will continue to support your program previously funded by HUD in 2001 , further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds , for this project in the amount of $36, 177 . 00 allocated as follows : 1 . Grant for operating $ 0 2 . Grant for supportive services $ 0 3 . Grant for leasing $ 0 4 . Grant for HMIS $36, 177 . 00 5 . Grant for administration $ 0 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD . Within two weeks of receipt of this letter, please sign all three, return two to this office and keep one for your files . Your new Voice Response Number for your renewal grant will be generated and sent to you under separate cover. HUD 's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov espanol.hud.gov { The following were provided to you and processed at the time of your most recent grant award : Grantee Financial Instructions, Direct Deposit sign-Up Form (SF- 1199A), LOCCS Voice Response Security Access Authorization Form ( HUD-27054), and SNAP's Request Voucher for Grant Payment ( HUD-27053 -A) . If you need additional forms for any reason, please contact us . No funds can be disbursed to you until the Renewal Grant Agreement is fully executed . If you have any questions, please contact Linda Shively CPD Field Office rep . at (904) 232- 1777 extension 2106 . We look forward to working with you toward the successful continuation of your Supportive Housing Program project. Very yssincerely yours Ga A. 6use Gary Y Director, Community Planning and Development Division , 4HD Enclosures Renewal Grant Agreement with Attachment A ( SHP Final Rule ) 2005 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Indian River County Board of Commissioners, 1840 25th Street, Vero Beach, Florida 32960, telephone number (772) 567-8000, fax number, 772/567-5991 the Recipient, whose Tax ID number is 596000674 for Project Number FL29B509003 / Project Identifier Number FL13167 to be located at 2525 St. Lucie Avenue, Vero Beach, Florida . The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U . S.C . 11381 (hereafter "the Act") . The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583 , which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability ( NOFA) published March 21, 2005 at 70 FR 13576 and 14273 . The term "Application " means the original and renewal application submissions 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. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein , this Renewal Grant Agreement shall control . The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application . Although this agreement will become effective only upon the execution hereof by both parties, the term .of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement for a period of one year. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation for this project is $36, 177 . 00 allocated as follows : 1 . Grant for Operating $ 0 2 . Grant for Supportive Services $ 0 3 . Grant for Leasing $ 0 4. HMIS $36 , 177 . 00 5 . Grant for Administration $ 0 The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available . The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented . The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD . For any project funded by this grant that is also financed through the use of the Low Income Housing Tax Credit, the following applies : HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then , throughout a period of twenty years from the date of initial occupancy or the initial service provision , the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period . If grant funds were not used for acquisition , rehabilitation or new construction , then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided . Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions : (a) direct the Recipient to submit progress schedules for completing approved activities; or ( b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated ; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d ) direct the Recipient to suspend , discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program ; or (g ) continue the grant with a substitute recipient of HUD's choosing ; or ( h ) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment,. specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change, without the prior written approval of HUD . SIGNATURES This Grant Agreement is hereby executed as follows : UNITED STATES OF AMERICA Secretary of Housing and Urban Development By : Signatur and Date Gary A. Causey Typed name of signatory Director, Community Planning and Development Title RECIPIENT jriflTAN RTVFR COUNTY ROARD nF CQUNTy CnUU1ZcT-"ERS Name of Organization By : , ZZ 6 /6 /06 Author i d Signature and Date n,;,n w„ en Approved Dale Gary C . Wheel er Admin.", s Typed name of signatory Sega Buaget Vice Chairman Dept. Risk Mgr, Title MIRANDA SWANSON , ASSISTANT ADMINISTRATOR , INDIAN RIVER COUNTY HEALTH DEPT , Official Contact Person and Telephone No. and Fax No . TELEPHONE : 772 - 794 - 7450 FAX : 772 - 794 - 7453 Approved as to Form and Legal Sufficiency: Approved: Ac, A -hex illiam G. Collins, II Colin om epI E A. Baird, County Administrator t Pt. 583 24 CFR Ch. V (4-1 -05 Edition) submitted in response to the most re- 583.405 Program changes. cently published notice of fund avail- 583.410 Obligation and deobligation of funds. ability and select applications for fund- A=O=: 42 U.S.C. 11389 and 3535(d). ing with the deobligated funds. Such SOURCE: selections would be made in accordance hemisee noted. 58 FR 13871. Mar. I5, 1993, unless with the selection process described in otherwi § 582 .220 of this part. Any selections Subpart A—General made using deobligated funds will be P subject to applicable appropriation act § 583.1 Purpose and scope. requirements governing the use of deobligated funding authority. (a) General. -The Supportive Housing (Approved by the Office of Management and Program is authorized by title IV of Budget under control number 2506-0118) the Stewart B. McKinney Homeless As- sistance Act (the McKinney Act) (42 PART 583—SUPPORTIVE HOUSING U.S .C. 11381-11389) . The Supportive PROGRAM Housing program is designed to pro- mote the development of supportive Subpart A—General housing and supportive services, in- cluding innovative approaches to assist Sec. homeless persons in the transition 583. 1 Purpose and scope. from homelessness, and to promote the - 583. 5 Definitions. provision of supportive housing to Subpart B—Assistance Provided homeless persons to enable them to P live as independently as possible. 583. 100 Types and uses of assistance. (b) Components. Funds under this part 583. 105 Grants for acquisition and rehabili- may be used for: - tation. (1) Transitional housing to facilitate 583. 110 Grants for new construction. the movement of homeless individuals 583. 115 Grants for leasing. and families to permanent housing: 583. 120 Grants for supportive service costa ( 583. 125 Grants for operating costs. 2) permanent housing that provides 583. 130 Commitment of grant amounts for long-term housing for homeless persons leasing, supportive services. and oper- with disabilities; ating costs. - (3) Housing that is, or is part of, a 583.135 Administrative costs. particularly innovative project for, or 583. 140 'Technical assistance. alternative methods of, meeting the 583.145 Matching requirements. immediate and long-term needs of 583.150 Limitations on use of assistance. 583. 155 Consolidated plan. - homeless persons; or (4) Supportive services for homeless Subpart C—Application and Grant Award persons not provided in conjunction Process with supportive housing. 583.200 Application and grant award. [58 FR 13871 , Mar. 15, 1993, as amended at 61 - 583.230 Environmental review. FR 51175, Sept. 30, 1996) 583.235 Renewal grants. 5583.5 Definitions, Subpart D—Prograrn Requirements As used in this part: 583.300 General operation. Applicant is defined in section 422 (1) 583.305 Term of commitment; repayment of of the McKinney Act (42 U.S.C. grants; prevention ofmidue benefits. 11382 (1)) . - For purposes of this defini- 583.310 Displacement, relocation, and acqui- tion, governmental entities include sition, 583.315 Resident rent. those that have general governmental - 583.320Site control. powers (such as a city or county) ,. as 583.325 Nondiscrimination and equal oppor- well as those that have limited or spe- tunityrequirements. tial powers (such as public housing 583.330 Applicability of other Federal re- agencies) . quirements. Consolidated plan means the plan that Subpart E--Administration a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 583.400 Grant agreement. 91 . 248 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583. 100 Date of initial occupancy means the Project is defined in sections 422 (8) date that the supportive housing is ini- and 424 (d) of the McKinney Act (42 tially occupied by a homeless person U. S .C. 11382(8) , 11384 (d)) . for whom HUD provides assistance Recipient is defined in section 422(9) of under this part. If the assistance is for the McKinney Act (42 U.S.C. 11382(9)) . an existing homeless facility, the date Rehabilitation means the improve- of initial occupancy is the date that ment or repair of an existing structure services are first provided to the resi- or an addition to an existing structure dents of supportive housing with fund- that does not increase the floor area by ing under this part. more than 100 percent. Rehabilitation Date of initial service provision means does not include minor or routine re- the date that supportive services are pairs. initially provided with funds under this State is defined in section 422 (11) of partto homeless persons who do not the McKinney Act (42 U.S.C. 11382(11)) . reside in supportive housing. This defi- Supportive housing is defined in sec- nition applies only to projects funded tion 424(a) of the McKinney Act (42 under this part that do not provide sup- U. S .C. 11384(a)) . portive housing. Supportive services is defined in sec- Disability is defined in section 422(2) tion 425 of the McKinney Act (42 U.S .C. of the McKinney Act (42 U.S. C. 11385) . 11382(2)) . - Transitional housing is defined in sec- Homeless person means an individual tion 424(b) of the McKinney Act (42 or family that is described in section U. S .C. 11384 (6)) . See also § 583.3000) . 103 of the McKinney Act (42 U.S.C. Tribe is defined in section 102 of the 11302) . Housing and Community Development Metropolitan city is defined in section Act of 1974 (42 U.S.C. 5302) . 102(a) (4) of the Housing and Commit- Urban county is defined in section nity Development Act of 1974 (42 U.S.C. 102(a) (6) of the Housing and Commu- 5302(a) (4)) . In general, metropolitan cit- nity Development Act of 1974 (42 U.S.C. ies are those cities that are eligible for 5302(a) (6)) . In general, urban counties an entitlement grant under 24 CFR are those counties that are eligible for part 570, subpart D. an entitlement grant under 24 CFR New construction means the building part 570, subpart D. of a structure where none existed or an - [61 FR 51175, Sept. 30, 1996] addition to an existing structure that increases the floor area by more than Subpart B—Assistance Provided 100 percent. Operating costs is defined in section § 583.100 Types and uses of assistance. 422(5) of the McKinney Act (42 U.S.C . (a) Grant assistance. Assistance in the 11382(5)) . form of grants is available for acquisi- Outpatient health services is defined in tion of structures, rehabilitation of section 422(6) of the McKinney Act (42 structures, acquisition and rehabilita- U.S .C . 11382(6)) . tion of structures, new construction, Permanent housing for homeless persons leasing, operating costs for supportive with disabilities is defined in section housing, and supportive services, as de- 424(c) of the McKinney Act (42 U. S .C. scribed in §§ 583. 105 through 583. 125. Ap- 11384(c)) . plicants may apply for more than one Private nonprofit organization is de- type of assistance. fined in section 422(7) (A) , (B) , and (D) (b) Uses of grant assistance. Grant as- of the McKinney Act (42 U.S.C. 11382(7) sistance may be used to: (A) , (B) , and (D)) . The organization (1) Establishnew supportive housing must also have a functioning account- facilities or new facilities to provide ing system that is operated in accord- supportive services; ante with generally accepted account- (2) Expand existing facilities in order ing principles, or designate an entity to increase the number of homeless that will maintain a functioning ac- persons served; counting system for the organization (3) Bring existing facilities up to a in accordance with generally accepted level that meets State and local gov- accounting principles. ernment health and safety standards; 249 § $83. 105 . 24 CFR Ch. V (4- 1 -05 Edition) (4) Provide additional supportive and rehabilitation costs, grants of services for residents of supportive more than $200,000, but not more than housing or for homeless persons not re- $400,000, may be available. siding in supportive housing; - (5) Purchase HUD-owned single fam- § 583.110 Grants for new construction. ily properties currently leased by the (a) Use. HUD will grant funds to re- applicant for use as a homeless facility cipients to pay a portion of the cost of under 24 CFR part 291 ; and new construction, including cost-effec- (6) Continue funding supportive hous- tive energy measures and the cost of ing where the recipient has received land associated with that construction, funding under this part for leasing, for use in the provision of supportive supportive services, or operating costs. housing. If the grant funds are used for (c) Structures used for multiple Pur- new construction, the applicant must poses. Structures used to provide sup- demonstrate that the costs associated - portive housing or supportive services with new construction are substan- may also be used for other purposes, tially less than the costs associated except that assistance under this part with rehabilitation or that there is a will be available only in proportion to lack of available appropriate units that the use of the structure for supportive could be rehabilitated at a cost less housing or supportive services. than new construction. For purposes of (d) Technical assistance. HUD may this cost comparison, costs associated offer technical assistance, as described with rehabilitation or new construc- in § 583.140. tion may include the cost of real prop- [58 FR 13871, Mar. 15, 1993, as amended at 59 erty acquisition. FR 36891, July 19, 1994) (b) Amount. The maximum grant available for new construction is the § 583.105 Grants for acquisition and lower of: rehabilitation. (1) $400,000; or (a) Use. HUD will grant funds to re- (2) The total cost of the new con- cipients to: struction, including the cost of land as- (1) Pay. a portion of the cost of the - sociated with that construction, minus acquisition of real property selected by the applicant's contribution toward the the recipients for use in the provision cost of same. of supportive housing or supportive § 583.115 Grants for leasing. services, including the repayment of any outstanding debt on a loan made (a) General. HUD will provide grants - to purchase property that has not been to pay (as described in § 583 .130 of this used previously as supportive housing part) for the actual costs of leasing a or for supportive services; structure or structures, or portions (2) Pay a portion of the cost of reha- thereof, used to provide supportive bilitation of structures, including cost- housing or supportive services for up to effective energy measures, selected by five years. the recipients to provide supportive (b) (1) Leasing structures. where grants housing or supportive services; or are used to pay rent for all or part of (3) Pay a portion of the cost of acqui- structures, the rent paid must be rea- sition and rehabilitation of structures, sonable in relation to rents being as described in paragraphs (a) (1) and (2) charged in the area for comparable of this section. space. In addition, the rent paid may (b) Amount. The maximum grant not exceed rents currently being available for acquisition, rehabilita- charged by the same owner for com- tion, or acquisition and rehabilitation parable space. is the lower of: (2) Leasing individual units. Where (1) $200,000; or grants are used to pay rent for indi- (2) The total cost of the acquisition, vidual housing units, the rent paid rehabilitation, or acquisition and reha- must be reasonable in relation to rents bilitation minus the applicant's con- being charged for comparable units, tribution toward the cost. taking into account the location, size, (c) Increased amounts. In areas deter- type, quality, amenities, facilities, and mined by HUD to have high acquisition management services. In addition, the 250 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583. 140 rents may not exceed rents currently (c) Recipient match requirement for op- being charged by the same owner for ersting costs. Assistance for operating comparable unassisted units, and the costs will be available for up to 75 per- portion of rents paid with grant funds cent of the total cost in each year of may not exceed HUD-determined fair the grant terra. The recipient must pay market rents. Recipients may use the percentage of the actual operating grant funds in an amount up to one costs not funded by HUD. At the end of month's rent to pay the non-recipient each operating year, the recipient must landlord for any damages to leased demonstrate that it has met its match units by homeless participants. requirement of the costs for that year. [58 FR 13871, Mar. 15. 1993, as amended at 59 [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 36891 , July 19, 19941 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12, 20001 § 583.120 Grants for supportive serv- ices costs. § 583.130 Commitment of grant (a) General. HUD will provide grants amounts for leasing, supportive to pay (as described in § 583 . 130 of this services, and operating costs. part) for the actual costs of supportive Upon execution of a grant agreement services for homeless persons for up to covering assistance for leasing, sup- five years. All or part of the supportive portive services, or operating costs, services may be provided directly by HUD will obligate amounts for a period the recipient or by arrangement with not to exceed five operating years. The public or private service providers. total amount obligated will be equal to (b) Supportive services costs. Costs as- an amount necessary for the specified sociated with providing supportive years of operation, less the recipient's services include salaries paid to pro- share of operating costs. viders of supportive services and any [Approved by the Office of Management and other costs directly associated with Budget under OMB control number 2506-0112) providing such services. For a transi- tional housing project, supportive serv- [59 FR 36891, July 19, 1994) ices costs also include the costs of serv- ices provided to former residents of § 583.135 Administrative costs. transitional housing to assist their ad- (a) General. Up to five percent of any justment to independent living. Such grant awarded under this part may be services may be provided for up to six used for the purpose of paying costs of months after they leave the transi- administering the assistance. tional housing facility. (b) Administrative costs. Administra- [58 FR 13871, Mar. 15, 1993, as amended at 59 tive costs include the costs associated FR 36891. July 19, 1994) with accounting for the use of grant funds, preparing reports for submission § 583.125 Grants for operating costs. to HUD, obtaining program audits, (a) General. HUD will provide grants similar costs related to administering to pay a portion (as described in the grant after the award, and staff sal- azies associated with these administra- § 583.130) of the actual operating costs tive costs. They do not include the of supportive housing for up to five costs of carrying out eligible activities years. under §§ 583. 105 through 583.125. (b) Operating costs. Operating costs are those associated with the day-Eo- 158 FR 13871, Mar. 15, 1993, as amended at 61 day operation of the supportive hous- FR 51175. Sept. 30, 1996J ing. They also include the actual ex- § 583.140 Technical assistance. penses that a recipient incurs for con- ducting on-going assessments of the (a) General. HUD may set aside funds supportive services needed by residents annually to provide technical assist- and the availability of such services; ante, either directly by HUD staff or relocation assistance under § 583.310, in- indirectlythrough third-party pro- cluding payments and services; and in- viders, for any supportive housing surance. project. This technical assistance is for 251 § 583. 145 24 CFR Ch. V (4-1 -05. Edition) the purpose of promoting the develop- -(b) Faith-based activities. (1) Organiza- ment of supportive housing and sup- tions that are religious or faith-based portive services as part of a continuum are eligible, on the same basis as any of care approach, including innovative other organization, to participate in approaches to assist homeless persons the Supportive Housing Program. Nei- in the transition from homelessness, ther the Federal government nor a and promoting the provision of sup- State or local government receiving portive housing to homeless persons to funds under Supportive Housing pro- enable them to live as independently as grams shall discriminate against an or- possible. ganization on the basis of the organiza- (b) Uses of technical assistance. HUD tion's religious character or affiliation. may use these funds to provide tech- (2) Organizations that are directly nical assistance to prospective appli- funded under the Supportive Housing cants , applicants, recipients, or other Program may not engage in inherently providers of supportive housing or serv- religious activities, such as worship, ices for homeless persons, for sup- religious instruction, or proselytiza- portive housing projects. The assist- tion as part of the programs or services ance may include, but is not limited to, funded under this part. If an organiza- written information such as papers, tion conducts such activities, the ac- monographs, manuals, guides, and bro- tivities must be offered separately, in chures: person-to-person exchanges; time or location, from the programs or _ and training and related costs. services funded under this part, and (c) Selection of providers. From time participation must be voluntary for the to time. as HUD determines the need, beneficiaries of the HUD-funded pro- HUD may advertise and competitively grams or services. select providers to deliver technical as- (3) A religious organization that par- sistance. HUD may enter into con- ticipates in the Supportive Housing - tracts. grants, or cooperative agree- Program will retain its independence ments, when necessary, to implement from Federal, State, and local govern- the technical assistance. ments, and may continue to carry out 159 FR 36892, July 19, 19941 its mission, including the definition, practice, and expression of its religious . § 583.145 Matching requirements. beliefs, provided that it does not use di- (a) General. The recipient must rect Supportive Housing Program match the funds provided by HUD for funds to support any inherently reli- grants for acquisition, - rehabilitation, gious activities. such as worship, reli- and new construction with an equal gious instruction, or proselytization. amount of funds from other sources. Among other things, faith-based orga- (b) Cash resources. The matching nizations may use space in their facili- funds must be cash resources provided ties to provide Supportive Housing to the project by one or . more. of the Program-funded services, without re- following; the recipient, the Federal moving religious art, icons, scriptures, government. State and local govern- or other religious symbols. In addition, ments, and private resources. a Supportive Housing Program-funded (c) Maintenance of effort. State or religious organization retains its au- local government funds used in the thority over its internal governance, matching contribution are subject to and it may retain religious terms in its the maintenance of effort requirements organization's name, select its board - described at § 583. 150(a) . members on a religious basis, and in- clude religious references in its organi- § 583.150 Limitations on use of assist- zation's mission statements and other once. governing documents. (a) Maintenance of effort. No assist- (4) An organization that participates ance provided under this part (or any in the Supportive Housing Program State or local government funds used shall not, in providing program assist- to supplement this assistance) may be ance, discriminate against a program used to replace State or local funds beneficiary or prospective program previously used, or designated for use, beneficiary on the basis of religion or to assist homeless persons. religious belief. 252 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583. 155 (5) Program funds may not be used § 583.155 Consolidatedplan- forthe acquisition, construction, or re- habilitation of structures to the extent (a) Applicants that are States or units that those structures are used for in- of general local government. The appli- herently religious activities. Program cant must have a HUD-approved com- funds may be used for the acquisition, plete or abbreviated consolidated plan, construction, or rehabilitation of in accordance with 24 CFR part 91 , and structures only to the extent that must submit a certification that the those structures are used for con- application for funding is consistent ducting eligible activities under this with the HUD-approved consolidatedplan. Funded applicants must certify in part. Where a structure is used for both a grant agreement that they are fol- eligible and inherently religious activi- lowing the HUD-approved consolidated ties, program funds may not exceed the plan cost of those portions of the acquisi- tion, construction, or rehabilitation (b) Applicants that are not States or that are attributable to eligible activi- units of general local government. The ties in accordance with the cost ac- applicant must submit a certification counting requirements applicable to by the jurisdiction in which the pro- Supportive Housing Program funds in posed project will be located that the this part. Sanctuaries, chapels, or applicant's application for funding is other rooms that a Supportive Housing consistent with the jurisdiction's HUD- Program-funded religious congregation approved consolidated plan. The cer- uses as its principal place of worship, tification must be made by the unit of - however, are ineligible for Supportive general local government or the State, Housing Program-funded improve- in accordance with the consistency cer- ments. Disposition of real property tification provisions of the consoli- after the term of the grant, or any dated plan regulations, 24 CFR part 91 , change in use of the property during subpart F. the term of the grant, is subject to gov- (c) Indian tribes and the Insular Areas ernment-wide regulations governing of Guam, the US. Virgin Islands, Amer- real property disposition (see 24 CFR ican Samoa, and the Northern Mariana parts 84 and 85) . Islands, These entities are not required - (6) If a State or local government vol- to have a consolidated plan or to make untarily contributes its own funds to consolidated plan certifications. An ap- supplement federally funded activities, plication by an Indian tribe or other the State or local government has the applicant for a project that will be lo- option to segregate the Federal funds sated on a reservation of an Indian or commingle them. However, if the tribe will not require a certification by - funds are commingled, this section ap- the tribe or the State. However, where plies to all of the commingled funds. an Indian tribe is the applicant for a (c) Participant control ofsite. Where an project that will not be located on a applicant does not propose to have con- reservation, the requirement for a cer- -trol of a site or sites but rather pro- tification under paragraph (b) of this poses to assist a homeless family or in- section will apply. dividual - in obtaining a lease, which (d) Timing of consolidated plan certifl- may include assistance with rent pay- cation submissions. Unless otherwise set ments and receiving supportive serv- forth in the NOFA, the required certifi- ices, after which time the family or in- cation that the application for funding dividual remains in the same housing is consistent with the HUD-approved without further assistance under this consolidated plan most be submitted part, that applicant may not request by the funding application submission assistance for acquisition, rehabilita- deadline announced in the NOFA, tion, or new construction. [60 FR 16380, Mar. 3D, 19951 [58. FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1993: 66 FR 56407, Sept. 30, 20031 253 § 583.200 24 CFR Ch. V (4-1-05 Edition) Subpart C—Application and Grant for a project under this part, or core- mit Pf00055 m t or expend HUD or local funds for such eligible activities under this part, § 583.200 Application and grant award. until the responsible entity (as defined in § 58.2 of this title) has completed the When funds are made available for environmental review procedures re- assistance, HUD will publish a notice quired by part 58 and the environ- of funding availability (NOFA) in the mental certification and RROF have FEDERAL REGISTER, in accordance with been approved or HUD has performed the requirements of 24 CFR part 4. HUD an environmental review under part 50 - will review and screen applications in and the recipient has received HUD ap- accordance with the requirements in proval of the property. HUD will not section 426 of the McKinney Act (42 release grant funds if the recipient or U.S .C. 11386) and the guidelines, rating any other party commits grant funds criteria. and procedures published in (i.e., incurs any costs or expenditures the NOFA. to be paid or reimbursed with such [61 FR 51176, Sept. 30, 1996] funds) before the recipient submits and HUD approves its RROF (where such § 583.230 Environmental review. submission is required) . (a) Activities under this part are sub- [68 FR 56131. Sept. 29, 20031 ject to HUD environmental regulations in part 58 of this title, except that HUD § 583.235 Renewal grants. will perform an environmental review (a) General. Grants made under this in accordance with part 50 of this title part, and grants made under subtitles prior to its approval of any condi- C and D (the Supportive Housing Dem- tionally selected applications for Fis- onstration and SAFAH, respectively) of cal Year 2000 and prior years that were the Stewart B. McKinney Homeless As- received directly from private non- sistance Act as in effect before October profit entities and governmental esti- 28, 1992, may be renewed on a non- ties with special or limited purpose competitive basis to continue ongoing powers. For activities under a grant . leasing, operations, and supportive that generally would be subject to re- services for additional years beyond view under part 58, HUD may make a the initial funding period. To be con- finding in accordance with § 58. 11(d) and sidered for renewal funding for leasing, may itself perform the environmental operating costs, or supportive services, review under the provisions of part 50 _ recipients must submit a request for of this title if the recipient objects in such funding in the form specified by writing to the responsible entity's per- HUD, must meet the requirements of forming the review under. part 56. Irre- - this part, and must submit requests spective of whether the responsible en- within the time period established by tity in accord with part 58 (or HUD in HUD. accord with part 50) performs the envi- (b) Assistance available. The first re- ronmental review, the recipient shall newal will be for a period of time not supply all available, relevant informs- to exceed the difference between the tion necessary for the responsible enti- end of the initial funding period and ty (or HUD, if applicable) to perform ten years from the date of initial occu- for each property any environmental pancy or the date of initial service pro- review required by this part. The re- vision, as applicable, Any subsequent cipient also shall carry out mitigating renewal will be for a period of time not measures required by the responsible to exceed five years. Assistance during entityor HUD, if applicable) or select each year of the renewal period, sub- alternate ( maintenance of effort require- eliminate e uire- alternate eligible property. HUD may ject to mamte 9 eliminate from consideration any ap- menu under § 583.150(a) maybe for: plication that would require an Envi- (1) Up to 50 percent of the actual op- ronmental Impact Statement (EIS) . erating and leasing costs in the final (b) The recipient, its project partners year of the initial funding period; and their contractors may not acquire, (2) Up to the amount of HUD assist- rehabilitate, convert, lease, repair, dis- ance for supportive services in the final pose of, demolish or construct property year of the initial funding period; and 254 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.300 (3) An allowance for cost increases, quirements in the jurisdiction in which (c) HUD review. (1) HUD will review the project is located regarding the the request for renewal and will evalu- condition of the structure and the op- ate the recipient's performance in pre- eration of the housing or services. vious years against the plans and goals (b) Habitability standards. Except for established in the initial application such variations as are proposed by the for assistance, as amended. HUD will recipient and approved by HUD, sup- approve the request for renewal unless portive housing must meet the fol- the recipient proposes to serve a popu- lowing requirements: lation that is not homeless, or the re- (1) Structure and materials. The struc- cipient has not shown adequate tures must be structurally sound so as progress as evidenced by an unaccept- not to pose any threat to the health ably slow expenditure of funds, or the and safety of the occupants and so as recipient has been unsuccessful in as- to protect the residents from the ele- sisting participants in achieving and ments. maintaining independent living. In de- (2) Access. The housing must be acces- termining the recipient's success in as- sible and capable of being utilized sisting participants to achieve and without unauthorized use of other pri- maintain independent living, consider- vate properties. Structures must pro- ation will be given to the level and vide alternate means of egress incase type of problems of participants. For of fire. - recipients with a poor record of suc- cess, HUD will also consider the recipi- ent's willingness to accept technical must be afforded adequate space and assistance and to make changes sug- security for themselves and their be- gested by . technical assistance pro- longings. Each resident must be pro- viders. Other factors which will affect vided an acceptable place to sleep. HUD's decision to approve a renewal (4) interior air quality. Every room or request include the following: a con- space must be provided with natural or tinuing history of inadequate financial mechanical ventilation. Structures management accounting practices, in- must be free of pollutants in the air at dications of mismanagement on the levels that threaten the health of resi- part oftherecipient, a drastic reduc- dents. tion in the population served by the re- (5) Water supply. The water supply cipient, program changes made by the must be free from contamination. recipientwithoutprior HUD approval, (6) Sanitary facilities. Residents must and loss of project site. have access to sufficient sanitary fa- (2) HUD reserves the right to reject a cilities that are in proper operating request from any organization with an condition, may be used in privacy, and - outstanding obligation to HUD that is are adequate for personal cleanliness in arrears or for which a payment and the disposal of human waste. schedulehas not been agreed to, or (7) Thermal environment. The housing - whose response to an audit finding is most have adequate heating and/or - overdue or unsatisfactory. cooling facilities in proper operating (3) HUD will notify the recipient in condition. writing that the request has been ap- (g) illumination and electricity. The proved or disapproved. housing must have adequate natural or (Approved by the Office of Management and artificial illumination to permit nor- Budget under control number 2506-0112) mal indoor activities and to support the health and safety of residents. Suf- Subpart D—Program Requirements ficient electrical sources must be pro- vided to permit use of essential elec- § 583.300 General operation. trical appliances while assuring safety (a) State and local requirements. Each from fire. recipient of assistance under this part (9) Food preparation and refuse dis- must provide housing or services that posal. All food preparation areas must are in compliance with all applicable contain suitable space and equipment State and local housing codes, licens- to store, prepare, and serve food in a ing requirements, and any other re- sanitary manner. 255 § 583.300 24 CFR Ch. V (4-1-05 Edition) (10) .Sanitary condition. The housing for HUD approval to otherwise consult and any equipment must be maintained with homeless or formerly homeless in sanitary condition. persons in considering and making (11) Fire safety. (i) Each unit must in- policies and decisions. See also clude at least one battery-operated or 5583.330(e) . hard-wired smoke detector, in proper (2) Each recipient of assistance under working condition, on each occupied this part must, to the maximum extent level of the unit. Smoke detectors practicable, involve homeless individ- must be located, to the extent prac- uals and families, through employ- ticable, in a hallway adjacent to a bed- ment, volunteer services, or otherwise, room. If the unit is occupied by hear- ' in constructing, rehabilitating, main- ing-impaired persons, smoke detectors taining, and operating the project and must have an alarm system designed in providing supportive services for the for hearing-impaired persons in each project. bedroom occupied by a hearing-im- (g) Records and reports. Each recipient paired person. of assistance under this part must keep (ii) The public areas of all housing any records and make any reports (in- must be equipped with a sufficient cluding those pertaining to race, eth- number, but not less than one for each nicity, gender, and disability status area, of battery-operated or hard-wired data) that HUD may require within the smoke detectors. Public areas include, timeframe required. but are not limited to, laundry rooms, (h) Conflidentiality. Each recipient community rooms, day care centers, that provides family violence preven- hallways, stairwells, and other com- tion or treatment services must de- mon areas. _ velop and implementprocedures to en- (c) Meals. Each recipient of assist- sure: ance under this part who provides sup- (1) The confidentiality of records per- portive housing for homeless .persons taining to any individual services; and with disabilities must provide meals or (2) That the address or location of meal preparation facilities for resi- any project assisted will not be made dents. _ public, except with written authoriza- _ (d) Ongoing assessment of supportive tion of the person or persons respon- services. Each recipient of assistance sible for the operation of the project. under this part most conduct an ongo- (i) Termination of housing assistance. ing assessment of the supportive serv- The recipient may terminate assist- ices required by the residents of the ance to a participant who violates pro- project and the availability of such gram requirements. Recipients should services, and make adjustments as ap- terminate assistance only in the most propriate. severe cases. Recipients may resume (e) Residential supervision. Each re- assistance to a participant whose as- cipient of assistance under this part sistance was previously terminated. In must provide residential supervision as terminating assistance to a partici- necessary to facilitate the adequate pant, the recipient must provide a for- provision of supportive services to the mal process that recognizes the rights _ residents of the housing throughout of individuals receiving assistance to the term of the commitment to operate due process of law. This process, at a supportive housing. Residential super- minimum, must consist of: vision may include the employment of (1) Written notice to the participant a full-. or part-time residential super- containing a clear statement of the visor with sufficient knowledge to pro- reasons for termination; vide or to supervise the provision of (2) A review of the decision, in which supportive services to the residents, the participant is given the oppor- (f) Participation of homeless persons. (1) tunity to present written or oral objec- Each recipient must provide for the tions before a person other than the participation of homeless persons as re- person (or a subordinate of that person) quired in section 426 (8) of the McKin- who made or approved the termination ney Act (42 U.S.C. 11386(g)) . This re- decision; and quirement is waived if an applicant is (3) Prompt written notice of the final unable to meet it and presents a plan decision to the participant. 256 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.310 0) Limitation of stay in transitional § 583.310 Displacement, relocation, and housing. A homeless individual or fam- acquisition - ily may remain in transitional housing (a) Minimizing displacement. Con- for a period longer than 24 months, if sistent with the other goals and objec- permanent housing for the individual tives of this part, recipients must as- or family has not been located or if the sure that they have taken all reason- individual or family requires addi- able steps to minimize the displace- tional time to prepare for independent ment of persons (families, individuals, living. However, HUD may discontinue businesses, nonprofit organizations, - assistance for a transitional housing and farms) as a result of supportive project if more than half of the home- housing assisted under this part. less individuals or families remain in (b) Relocation assistance for displaced that project longer than 24 months. persons. A displaced person (defined in (k) Outpatient health services. Out- paragraph (f) of this section) must be patient health services provided by the provided relocation assistance at the recipient must be approved as appro- levels described in, and in accordance priate by HUD and the Department of with, the requirements of the Uniform Health and Human Services (Y-IIiS) . - Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970 Upon receipt of an application that le- proposes the provision of outpatient (URA) (42 U.S.C. ns at 49 and art 24. m(c) Re regulations at 99 CFR part 24. health services, HUD will consult with - (c) Real property acquisition require- HHS with respect to the - appropriate- ments. The acquisition of real property ness of the proposed services. for supportive housing is subject to the (1) Annual assurances. Recipients who URA and the requirements described in receive assistance only for leasing, op- 49 CFR part 24, subpart B. erating costs or supportive services (d) Responsibility of recipient. (1) The costs must provide an annual assur- recipient must certify (Le., provide as- ance for each year such assistance is surance of compliance) that it will received that the project will be oper- comply with the URA, the regulations ated for the purpose specified in the ap- at 49 CFR part 24, and the requirements plication. of this section; and must ensure such (Approved by the Office of Management and compliance notwithstanding any third ana Budget under control number naeme party's contractual obligation to the recipient to comply with these provi- 158 FR 13871, Mar. 15, 1993, as amended at 59 sions. FR 36892, July 19, 1994; 61 FR 51176, Sept. 30, (2) The cost of required relocation as- 18861 sistance is an eligible project cost in § 583.305 Term of commitment; repay- the same manner and to the same ex- ment of grants; prevention of undue tent as other project costs. Such costs benefits. - also may be paid for with local public funds or - funds available from other (a) Term of commitment and conversion. sources. Recipients must agree to operate the (3) The recipient must maintain housing or provide supportive services records in sufficient detail to dem- in accordance with this part and with onstrate compliance with provisions of sections 423 (b) (1) and (b) (3) of the this .section. McKinney Act (42 U.S .C. 11383(b) (1) , (e) Appeals. A person who disagrees 11383 (b) (3)) . - with the recipient's determination con- (b) Repayment of grant and prevention cerning whether the person qualifies as of undue benefits. In accordance with a "displaced person, ' or the amount of section 423 (c) of the McKinney Act (42 relocation assistance for which the per- U.S .C. 11383(c)) , HUD will require re- son is eligible, may file a written ap- cipients to repay the grant unless HUD peal of that determination with the re- has authorized conversion of the cipient. A low-income person who is project under section 423(b) (3) of the dissatisfied with the recipient's deter- McKinney Act (42 U.S.C. 11383 (b) (3)) . mination on his or her appeal may sub- mit a written request for review of that 161 FR 51176, Sept., 30, 19961 determination to the HUD field office. 257 8583.310 24 CFR Ch. V (4-1 -05 Edition) _ (f) Definition of displaced person. (1) does not return to the building/com- For purposes of this section, the term plex, if either: "displaced person" means a person (A) A tenant is not offered payment ` ex- (family, individual, business, nonprofit for all reasonable outct organization, or farm) that moves from penses incurred in connectipockethe tion with the real property, or moves personal prop- temporary relocation, or erty from real property permanently as (B) Other conditions of the tem- - a direct result of acquisition, rehabili- porary relocation are not reasonable. tation, or demolition for supportive (v) A tenant of a dwelling who moves housing projects assisted under this from the building/complex perma- part. The term "displaced person" in- nently after he or she has been re- cludes, but may not be limited to: quired to move to another unit in the (i) A person that moves permanently same building/complex, if either: from the real property after the prop- (A) The tenant is not offered reim- erty owner (or person in control of the bursement for all reasonable out-of- site) issues a vacate notice, or refuses pocket expenses incurred in connection to renew an expiring lease in order to with the move; or evade the responsibility to provide re- (B) Other conditions of the move are location assistance, if the move occurs not reasonable. on or after the date the recipient sub- (2) Notwithstanding the provisions of mits to HUD the application or appli- paragraph (f) (1) of this section, a per- cation amendment designating the son does not qualify as a "displaced project site. person" (and is not eligible for reloca- (ii) Any person, including a person tion assistance under the URA or this section who moves before the date described in if: -- paragraph (f) (1) (1) of this section, if the (f) Thea person has been evicted for recipient or HUD determines that the anus or repeated violation of the terms displacement resulted directly from ac- and conditions of the lease or occu- pancy agreement, violation of applica- quisition, rehabilitation, or demolition ble Federal, State, or local or tribal for the assisted project. law, or other good cause, and HUD de- (iii) A tenant-occupant of a dwelling termines that the eviction was not un- unit who moves permanently from the dertaken for the purpose of evading the building/complex on or after the date of obligation to provide relocation assist- the "initiation of negotiations" (see ance; paragraph (g) of this section) if the (ii) The person moved into the prop- _ move occurs before the tenant has been erty after the submission of the appli- provided written notice offering him or cation and, before signing a lease and her the opportunity to lease and oc- commencing occupancy, was provided cupy a suitable, decent, safe and sari- written notice of the project, its pos- - - - tary dwelling in the same building/ sible impact on the person (e.g. , the complex, under reasonable terms and person may be displaced, temporarily - conditions, upon completion of the relocated, or suffer a rent increase) and -project. Such reasonable terms and the fact that the person would not conditions must include a monthly qualify as a "displaced person" (or for rent and estimated average monthly any assistance provided under this sec- utility costs that do not exceed the tion), if the project is approved; greater of: (iii) The person is ineligible under 49 (A) The tenant's monthly rent before CFR 24.2 (g) (2) ; or the initiation of negotiations andesti- (iv) HUD determines that the person mated average utility costs, or was not displaced as a direct result of (B) 30 percent of gross household in- acquisition, rehabilitation, or demote- come. If the initial rent is at or near tion for the project. the maximum, there must be a reason- (3) The recipient may request, at any able basis for concluding at the time time, HUD's determination of whether the project is initiated that future rent a displacement is or would be covered increases will be modest. under this section. (iv) A tenant of a dwelling who is re- (g) Definition of initiation of negotia- quired to relocate temporarily, but tions. For purposes of determining the 258 Ofc. of Asst. Secy., Comm. Planning, Develop. , HUD § 583.320 formula for computing the replacement (c) Fees. In addition to resident rent, _ housing assistance to be provided to a recipients may charge residents rea- residential tenant displaced as a direct sonable fees for services not paid with result of privately undertaken rehabili- grant funds. tation, demolition, or acquisition of [58 FR 13871, Mar, 15, 1993, as amended at 59 the real property, the term "initiation FR 36892, July 19, 1994; fib FR 6225, Jan. 19, of negotiations' means the execution 20011 of the agreement between the recipient and HUD. § 583.320 Site control. (h) Definition of project. For purposes (a) Site control. (1) Where grant funds of this section, the term "project" will be used for acquisition, rehabilita- means an undertaking paid for in tion, or new construction to provide whole or in part with assistance under supportive housing or supportive serv- this part. Two or more activities that ices, or where grant funds will be used are integrally related, each essential to for operating costs of supportive hous- the others, are considered a single ing, or where grant funds will be used project, whether or not all component to provide supportive services except activities receive assistance under this where an applicant will provide serv- part. ices at sites not operated by the appli- [58 FR 13871, Mar. 15 , 1993, as amended at 59 cant, an applicant must demonstrate FR 36892, July 19. 19941 site control before HUD will execute a grant agreement (e.g., through a deed, § 583.315 Resident rent. lease, executed contract of sale) . If such site control is not demonstrated (a) Calculation of resident rent. Each within one year after initial notifica- resident of supportive housing may be tion of the award of assistance under required to pay as rent an amount de- this part, the grant will be deobligated termined by the recipient which may as provided in paragraph (c) of this sec- not exceed the highest of: tion. (1) 30 percent of the family's monthly (2) Where grant funds will be used to adjusted income (adjustment factors lease all or part of a structure to pro- include the number of people in the vide supportive housing or supportive family, age of family members, medical - services, or where grant funds will be expenses and child care expenses) . The used to lease individual housing units calculation of the family's monthly ad- for homeless persons who will eventu- justed income must include the ex- ally control the units, site control need pense deductions provided in 24 CFR not be demonstrated. 5 .611(a) , and for persons with disabil- - (b) Site change. (1) A , recipient may ides, the calculation of the family's obtain ownership or control of a suit- monthly adjusted income also must in- able site different from the one speci- clude the disallowance of earnedin- fied' in its application. Retention of an come as provided in 24 CFR 5 .617, if ap- - assistance award is subject to the new plicable; I - - site's meeting all requirements under (2) 10 percent of the family's monthly - this part for suitable sites. gross income: or 1 1 1 (2) If the acquisition, rehabilitation, (3) If the family is receiving pay- acquisition and rehabilitation, or new ments for welfare assistance from a construction costs for the substitute public agency and a part of the pay- site are greater than the amount of the mens, adjusted in accordance with the grant awarded for the site specified in family's actual housing costs, is spe- the application, the recipient must pro- cifically designated by the agency to vide for all additional costs. If the re- meet the family's housing costs, the cipient is unable to demonstrate to portion of the payment that is des- HUD that it is able to provide for the ignated for housing costs. difference in costs, HUD may (b) Use of rent. Resident rent may be deobligate the award of assistance. used in the operation of the project or (c) Failure to obtain site control within may be reserved, in whole or in part, to one year. HUD will recapture or assist residents of transitional housing deobligate any award for assistance in moving to permanent housing. under this part if the recipient is not in 259 § 583.325 24 CFR Ch. V (4-1 -05 Edition) control, of a suitable site before the ex- struction accessibility requirements of piration of one year after initial notifi- the Fair Housing Act and section 504 of cation of an award. the Rehabilitation Act of 1973, and the reasonable accommodation and reha- 4583.325 Nondiscrimination and equal bilitation accessibility requirements of opportunity requirements. section 504 as follows: (a) General. Notwithstanding the per- (1) All new construction must meet - missibility of proposals that serve des- the accessibility requirements of 24 ignated populations of disabled home- CFR 8.22 and, as applicable, 24 CFR less persons , recipients serving a des- 100.205. ignated population of disabled home- (Z) Projects in which costs of reha- less persons are required, within the bilitation are 75 percent or more of the designated population, to comply with replacement cost of the building must these requirements for nondiscrimina- meet the requirements of 24 CFR tion- onthe basis of race, color, reli- 8. Z3 (a) . Other rehabilitation must meet gion, sex, national origin, age, familial the requirements of 24 CFR 8.23(b) . status, and disability. (b) Nondiscrimination and equal oppor- 151 FR 13871, Mar. 15. 1993, as amended at 59 tunit3' requirements. The nondiscrimina- FR 33894. June 30, 1994; 61 FR 5210, Feb. 9, . Sept. 30, 1996] tion and equal opportunity require- 1996; 61 FR 51176, - ments set forth at part 5 of this title § 583.330 Applicability of other Federal apply to this program. The Indian Civil requirements. Rights Act (25 U.S . C. 1301 et seq.) ap- plies to tribes when they exercise their In addition to the requirements set powers of self-government, and to In- forth in 24 CFR part 5, use of assistance dian housing authorities (IHAs) when provided under this part must comply established by the exercise of such with the following Federal require- powers. when an IHA is established ments: under - State law, the applicability of (a) Flood insurance. (1) The Flood Dis- the Indian Civil Rights Act will be de- aster Protection Act of 1973 (42 U.S.C. termined on a case-by-case basis. 4001-4128) prohibits the approval of ap- .Projects subject to the Indian Civil plications for assistance for acquisition Rights Act must be developed and oper- or construction (including rehabilita- ated incompliancewith its provisions tion) for supportive housing located in and all implementing HUD require- an area identified by the Federal Emer- mems, instead of title VI and the Fair gency Management Agency (FEMA) as g Housing Act and their implementing having special flood hazards. unless. :regulations. (i) The community in which the area . I (c) Procedures. (1) If the procedures is situated is participating in the Na- that the recipient intends to use .to tional Flood Insurance Program (see 44 - make known the availability of the CFR parts 59 through 79) , or less than supportive housing are unlikely to a year has passed since FEMA notifica- .reach persons of any particular race, tion regarding such hazards; and 'color;. religion, sex, age, national . ori- (ii) Flood insurance is obtained as a - - gin, familial status, or handicap who condition of approval of the applica- - rnay qualify for admission to the hous- tion. - ing, the recipient must establish addi- (2) Applicants with supportive hous- - _ -tional procedures that will ensure that ing located in an area identified by such. , persons can obtain information FEMA as having special flood hazards concerning availability of the housing. and receiving assistance for acquisition (2) The recipient must adopt proce- or construction (including rehabilita- dures to make available information tion) are responsible for assuring that on the existence and locations of facili- flood insurance under the National ties and services that are accessible to Flood Insurance Program is obtained persons with a handicap and maintain and maintained. - evidence of implementation of the pro- (b) The Coastal Barrier Resources cedures. Act of 1982 (16 U.S.C. 3501 et seq.) may (d) Accessibility requirements. The re- apply to proposals under this part, de- cipient must comply with the new con- pending on the assistance requested. 260 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.330 (c) Applicability of OMB Circulars. The § 583.300(fl does not constitute a con- policies, guidelines, and requirements flict of interest. of OMB Circular No. A-87 (Cost Prin- (2) Upon the written request of the ciples Applicable to Grants. Contracts recipient, HUD may grant an exception and Other Agreements with State and to the provisions of paragraph (e) (1) of Local Governments) and 24 CFR part 85 this section on a case-by-case basis apply to the award, acceptance, and when it determines that the exception use of assistance under the program by will serve to further the purposes of governmental entities, and OMB Cir- the program and the effective and effi- cular Nos. A-110 (Grants and Coopera- cient administration of the recipient's tive Agreements with Institutions of project. An exception may be consid- Higher Education, Hospitals, and Other ered only after the .recipient has pro- Nonprofit Organizations) and A-122 vided the following: (Cost Principles Applicable to Grants, (i) For States and other govern- Contracts and Other Agreements with mental entities, a disclosure of the na- Nonprofit Institutions) apply to the ac- ture of the conflict, accompanied by an ceptance and use of assistance by pri- assurance that there has been public vate nonprofit organizations, except disclosure of the conflict and a descrip- where inconsistent with the provisions tion of how the public disclosure was of the McKinney Act, other Federal made; and statutes, or this part. (Copies of OMB (ii) For all recipients, an opinion of Circulars may be obtained from E.O.P. the recipient's attorney that the inter- Publications, room 2200, New Executive est for which the exception is sought Office Building, Washington, DC 20503, would not violate State or local law. telephone (202) 395-7332. (This is not a (3) In determining whether to grant a toll-free number.) There is a limit of requested exception after the recipient two free copies. has satisfactorily met the requirement (d) Lead-based paint. The Lead-Based of paragraph (e) (2) of this section, HUD Paint Poisoning Prevention Act (42 will consider the cumulative effect of U.S .C. 4821-4846) , the Residential Lead- the following factors, where applicable: Based Paint Hazard Reduction Act of (i) Whether the exception would pro- 1992 (42 U.S. C. 4851-4856) , and imple- vide a significant cost benefit or an es- menting regulations at part 35, sub- sential degree of expertise to the parts A, B, J, K, and R of this title project which would otherwise not be apply to activities under this program. available; (e) Conflicts of interest. (1) In addition (ii) Whether the person affected is a to the conflict of interest requirements member of a group or class of eligible in 24 CFR part 85, no person who is an persons and the exception will permit employee, agent, consultant, officer, or such person to receive generally the elected or appointed official of the re- same interests or benefits as are being cipient and who exercises or has exer- made available or provided to the cised any functions or responsibilities group or class; with respect to assisted activities, or (iii) Whether the affected person has who is in a position to participate in a withdrawn from his or her functions or decisionmaking process or gain inside responsibilities, , or the decisionmaking information with regard to such activi- process with respect to the specific as- ties, may obtain a personal or financial sisted activity in question; interest or benefit from the activity, or (iv) Whether the interest or benefit have an interest in any contract, sub- was present before the affected person contract, or agreement with respect was in a position as described in para- thereto, dr the proceeds thereunder, ei- graph (e) (1) of this section; ther for himself or herself or for those (v) Whether undue hardship will re- with whom he or she has family or sult either to the recipient or the per- business ties, during his or her tenure son affected when weighed against the _ or for one year thereafter. Participa- public interest served by avoiding the tion by homeless individuals who also prohibited conflict; and are participants under the program in (vi) Any other relevant consider- policy or decisionmaking under ations. 261 § 583.400 24 CFR Ch. V (4-1-05 Edition) (f) Audit. The financial management must be fully documented in the recipi- systems used by recipients under this ent's records. program must provide for audits in ac- 158 FR 13871, Mar. 15, 1993, as amended at 61 cordance with 24 CFR part 44 or part 45, FR 51176, Sept. 30, 19961 as applicable. HUD may perform or re- quire additional audits as it finds nec- ¢ 583.410 Obligation and deobligation essary or appropriate. of funds. - (g) Davis-Bacon Act. The provisions (a) Obligation of funds. when HUD and of the Davis-Bacon Act do not apply to the applicant execute a grant agree- - this program. ment, funds are obligated to cover the [58 FR 13871. Mar, 15, 1993, as amended at 61 amount of the approved assistance FR 5211 , Feb. 9, 1996; 64 FR 50226, Sept. 15, ander subpart B of this part. The re- 19991 cipient will be expected to carry out the supportive housing or supportive Subpart E—Administration services activities as proposed in the application. § 583.400 Grant agreement. (b) Increases. After the initial obliga- tion of funds, HUD will not make revi- (a) General. The duty to provide sup- sions to increase the amount obligated. portive housing or supportive services (c) Deobligation. (1) HUD may in accordance with the requirements of deobligate all or parts of grants for ac- this part will be incorporated in a quisition, rehabilitation, acquisition grant agreement executed by HUD and and rehabilitation, or new construc- the recipient. tion: (b) Enforcement. HUD will enforce the (i) If the actual total cost of acquisi- obligations in the grant agreement tion, rehabilitation, acquisition and re- through such action as may be appro- habilitation, or new construction is priate, including repayment of funds less than the total cost anticipated in that have already been disbursed to the the application; or recipient. (ii) If proposed activities for which funding was approved are not begun § 583.405 Program ehanges. within three months or residents do (a) HUD approval. (I) A recipient may not begin to occupy the facility within not make any significant changes to an nine months after grant execution. - approved program without prior HUD (2) HUD may deobligate the amounts approval. Significant changes include, for annual leasing costs, operating but are not limited to, a change in the costs or supportiveservices in any recipient, a change in the project site, Year: additions or deletions in thetypes of (i) If the actual leasing costs, oper- activities listed in § 583. 100 of this part ating costs or supportive services for approved for the program or a shift of that year are less than the total cost - more than 10 percent of funds from one anticipatedf the in the application; or ous- approved type of activity to another. (ii)) If proposed supportive and a change in the category of partici- mg operations are not begun within thin three months after the units are avail- pants to be served. Depending on the able for occupancy. nature of the change, HUD may require (3) The grant .agreement may set a new certification of consistency with forth in detail other circumstances -the consolidated plan (see § 583. 155) , under which funds may be deobligated, (2) Approval for changes is contin- and other sanctions may be imposed. gent upon the application ranking re- (4) HUD may: - maining high enough after the ap- (i) Readvertise the availability of proved change to have been competi- funds that have been deobligated under tively selected for funding in the year this section in a notice of fund avail- the application was selected. ability under § 583.200, or (b) Documentation of other changes. (ii) Award deobligated funds to appli- Any changes to an approved program cations previously submitted in re- that do not require prior HUD approval sponse to the most recently published 262 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 585.3 notice of fund availability, and in ac- SOURCE: 60 FR 9737, Feb. 21 , 1995, unless cordance with subpart C of this part. otherwise noted. PART 585—YOUTHBUILD PROGRAM Subpart A--General Subpart A—General § 585.1 Authority. Sec. (a) General. The Youthbuild program 585. 1 Authority. is authorized under subtitle D of title 585.2 Program purpose. IV of the National Affordable Housing 585.3 Program components. Act (42 U.S .C. 8011) , as added by section 585.4 Definitions. 164 of the Housing and Community De- velopment Act of 199Z (Pub. L. 102-550) . (b) Authority restriction. No provision Subpart C—Youthbuild Planning Grants of the Youthbuild program may be con- strued to authorize any agency, officer, 585.201 Purpose. or employee of the United States to ex- 585.202 Award limits, ercise any direction, supervision, or 585.203 Grant term. control over the curriculum, program 585.204 Locational considerations. 585.205 Eligible activities. of instruction, administration, or per- sonnel of any educational institution, Subpart D—Youthbuild Implementation school, or school system, or over the Grants selection of library resources, text- books, or other printed or published in- 585.301 Purpose. structional materials used by any edu- 585.302 Award limits. cational institution or school system 585.303 Grant term. 585.304 Locational considerations. participating in a Youthbuild program. 585,305 Eligible n of c .2 Pro s. § 585 585.306 Designation of costs. gram purpose. 585.307 Environmental procedures and The purposes of the Youthbuild pro- standards. gram are set out in section 451 of the 585.308 Relocation assistance and real prop- National Affordable HousingAct 42 585.309 Project -related acquisition. National restrictions applica- U.S .C. 12899) ("NAHA") . ble to Youthbuild residential rental 161 FR 52187, Oct. 4. 19D6] housing. 585.310 Project-related restrictions applica- § 585.3- Program components. ble to Youthbuild transitional housing for the homeless. A Youthbuild implementation pro- 585.311 Project-related restrictions applica- gram uses comprehensive and multi- ble to Youthbuild homeownership hous- disciplinary approaches designed to ing. prepare young adults who have dropped 585.312 Wages, labor standards, and non- discrimination. out of high school For educational and 585.313 Labor standards. employmentoPPortunities by employ- ing m toY-ing them as construction trainees on Subpart E—Administration work sites for housing designated for homeless persons and low- and very 585,901 Grant ageeme t. recipients. low-income families. A Youthbuild 585.402 Grant agreement. V 585.403 Reporting requirements. planning grant is desi gned to give _ 585,904 Program changes. cipierits sufficient time and financial 585.405 Obligation and deobligation of funds. resources to develop a comprehensive 585.406 Faith-based activities. Youthbuild program that can be effec- Subpart F—Applicability of Other Federal tively implemented. Youthbuild pro- Requirements grams must contain the three compo- nents described in paragraphs (a) , (b) 585.501 Application of OMB Circulars. and (d) of this section. Other activities 585.502 Certifications. described in paragraph (c) of this sec- 585,503 Conflict of interest. tion are optional: 585.504 Use of debarred, suspended. or ineli- (a) Educatfonal services, including: gible contractors. (1) Services and activities designed to AUTHORITY: 42 U.S.C. 3535(d) and 8011. meet the basic educational needs Of 263 1[(� ''�) Fpr�� C! YFy t)t�tFy U. S. Department of Housing and Urban Development PSµENi OF 6/ I V f ' 4 f i osa� Ho�N Jacksonville Field Office n i Charles Bennett Federal Building 400 West Bay Street o �� Suite 1015 9NN DENvd Jacksonville, Florida 32202-4410 April 7 , 2006 Thomas Lowther, Chair Indian River County Board of County Commissioners 184025 th St. Vero Beach , FL 32960 Dear Mr. Lowther: SUBJECT: Shelter Plus Care Program Project Number: FL29C509001 Project Identifier Number: FL13198 Congratulations on your conditional selection for funding under the FY 2005 Shelter Plus Care Program . Addressing homelessness is one of the Department's top priorities and your project will make a significant contribution toward developing a continuum of care system in your community. This letter sets out the process by which you can receive your funding . Below are conditions or issues that were identified when your application was reviewed by the Department of Housing and Urban Development . If a condition is identified , it must be met before your grant can be executed . Issues, on the other hand , are concerns that we in the HUD Field Office will be reviewing as we ensure compliance with program requirements . If you have any questions about what any condition or issue means or how it might be resolved , please call the contact person listed at the end of this letter. Issue : Pursuant to Section 582 . 305(a)(b) of the S+C regulations, the grantee must have another entity inspect the units for housing quality standards ( HQS) . Please provide a statement regarding your plan for unit inspections . The enclosed documents will permit the final processing of your grant: 1 . Three copies of the Shelter Plus Care Grant Agreement. All copies must be signed and returned . 2 . Financial Instructions with copies of the following forms , which are explained in the instructions : HUD 's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. w iv.hud.gov espanol.hud.gov a . One copy of the LOCCSNRS Access Authorization Form ( HUD 27054 ). b . One ( 1 ) copy of the Direct Deposit Form (SF- 1199A) . C . Copies of the LOCCSNRS Shelter Plus Care Request Voucher for Grant Payment ( HUD-270536 ) . 3 . Copies of HUD-7015 . 15 ( Request for Release of Funds and Certification ) . This form certifies completion of the required environmental review by the responsible entity. It must be signed by an authorized official and returned to this office . HUD will not release grant funds if the recipient or any other party commits grant funds before the Field Office approves the Request for the Release of Funds . If you have any questions about how to proceed on your Shelter Plus Care grant, please contact Linda Shively at (904 ) 232- 1777 extension 2106 . We look forward to working with you . Vsincerelyrurs , Gary Cauy, Director Con Planning an Development Division , 4HD Page 1 of 3 Grant No ._FL29C509001 Amount $365 ,640 Project Identification Number ( PIN ) FL13198 Official Contact Person _Jason Brown Telephone & FAX No . _772-567-8000 772-567-5991 Email Address_Jbrown@ircgov. com Tax ID No . _59-6000674 Project Location _Indian River County, Florida 2005 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 County (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 Fund Availability ( NOFA) , published on March 21 , 2005 at 70 FR 13575 and 14273 . 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 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 Rehabilitation for SRO HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application , unless HUD is otherwise advised in writing . Page 2 of 3 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 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 ; Page 3 of 3 (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 , 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 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) (Title) ( Date) RECIPIENT Iridian Rivar cnunty Board of cnunl- c Commisgionorq (Na of Organization ) BY: ' It )�t in 2n Rivc ca Approve4 Date (Signat a of Authorized Official ) in. -Vice Chairman Legal is of (Title ) Budget Dep i. (Date) Risk Mgr. L ,f n A, rovLegal Sufficu Approved: /9 (�W fliam G Co bounty orney osep A. v , County Administrator 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 $365 , 640 for 11 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 . Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.5 if no completed applications or re- AUTHORITY: 42 U.S.C. 3535(d) and 11403- quests for extensions have been re- 11407b. ceived by HHS within 90 days from the SouRcE: 58 FR 13892, Mar, 15, 1993, unless date of the last expression of interest, otherwise noted. disposal may proceed in accordance with applicable law. Subpart A—General § 581.13 Waivers. § 582.1 Purposeandscope. The Secretary may waive any re- quirement of this part that is not re- program General. The Shelter Plus Care ram is authorized by title quired by law, whenever it is deter- IV, subtitle F, of the Stewart B. mined that undue hardship would re- McKinney Homeless Assistance Act sult from applying the requirement, or (the McKinney Act) (42 U. S.C. 11403- where application of the requirement 114076) . S+C is designed to link rental would adversely affect the purposes of assistance to supportive services for the program. Each waiver will be in hard-to-serve homeless persons with writing and will be supported by docu- mdisabilities (primarily those who are mentation of the pertinent facts and grounds. The Secretary periodically seriously mentally ill; have chronic will publish notice of granted waivers Problems with alcohol, drugs, or both; in the FEDERAL REGISTER. or have acquired immunodeficiency syndrome (AIDS) and related diseases) PART 582—SHELTER PLUS CARE and their families. The program pro- vides grants to be used for rental as- Subpart A--General homeless for permanent housing for homeless persons with disabilities. Sec. Rental assistance grants must be 582. 1 Purpose and scope. matched in the aggregate by sup- 582.5 Definitions. portive services that are equal in value Subpart B—Assistance Provided to the amount of rental assistance and appropriate to the needs of the popu- 582. 100 Program component descriptions, lation to be served. Recipients are cho- 582AD5 Rental assistance amounts and pay- sen on a competitive basis nationwide. ments. (b) Components. Rental assistance is 582. 110 Matching requirements. provided through four components de- 582. 115 Limitations on assistance. scribed in § 582. 100. Applicants may 582.120 Consolidated plan. apply for assistance under any one of Subpart C—Application and Grant Award the four components, or a combination. 582. 200 Application and grant award. 158 FR 13892, Mar. 15, 1993, as amended at 61 582.230 Environmental review. FR 51169, Sept. 30, 19961 Subpart D—Program Requirements § 582.5 Definitions. 582.300 General operation. The terms Fair Market Rent (FMR), 582.305 Housing quality standards; rent rea- HUD, Public Housing Agency (PHA), In- sonableness. dian Housing Authority (HLA), and Sec- 582.310 Resident rent. renoy are defined in 24 CFR part 5 . 582.315 Occupancy agreements. As used in this part: 582.320 . Termination of assistance to partici- Acquired immunodeficiency syndrome pants. (AIDS) and related diseases has the 582.325 Outreach activities. meanie given in section 853 of the 582.330 Nondiscrimination and equal oppor- tunity requirements. AIDS Housing Opportunity Act (42 582.335 Displacement, relocation, and real - U.S .C . 12902) . property acquisition. Applicant has the meaning given in 582.340 Other Federal requirements. section 462 of the McKinney Act (42 U.S .C. 114038) . Subpart E—Administration Eligible person means a homeless per- 582.400 Grant agreement. son with disabilities (primarily persons 582.405 Program changes. who are seriously mentally ill; have 582.410 Obligation and deobligation of funds. chronic problems with alcohol , drugs, 235 § 582.5 24 CFR Ch. V (4-1 -05 Edition) or both; or have AIDS and related alis- (ii) Is manifested before the person eases) and, if also homeless, the family attains age 22 ; of such a person . To be eligible for as- (iii) Is likely to continue indefi- sistance, persons must be very low in- nitely; come, except that low-income individ- (iv) Results in substantial functional uals may be assisted under the SRO limitations in three or more of the fol- component in accordance with 24 CFR lowing areas of major life activity: 813. 105 (6) . (A) Self-care; Homeless or homeless individual has (B) Receptive and expressive lan- the meaning given in section 103 of the guage; McKinney Act (42 U.S.C. 11302) . (C) Learning; Indian tribe has the meaning given in (D) Mobility; section 102 of the Housing and Commu- (E) Self-direction; nity Development Act of 1974 (42 U.S .C. (F) Capacity for independent living; - 5302) . and Low-income means an .annual income (G) Economic self-sufficiency; and not in excess of 80 percent of the me- (v) Reflects the person's need for a dian income for the area, as deter- combination and sequence of special, mined by HUD. HUD may establish in- interdisciplinary, or generic care, come limits higher or lower than 80 treatment, or other services which are percent of the median income for the of lifelong or extended duration and are area on the basis of its finding that individually planned and coordinated. such variations are necessary because (3) Notwithstanding the preceding of the prevailing levels of construction provisions of this definition, the term costs or unusually high or low family person with disabilities includes, except incomes . in the case of the SRO component, two Nonprofit organization has the mean- or more persons with disabilities living ing given in section 104 of the Cron- together, one or more such persons liv- ston-Gonzalez National Affordable ing with another person who is deter- Housing Act (42 U .S .C. 12704) . The term mined to be important to their care or nonprofit organization also includes a well-being, and the surviving member community mental health center es- or members of any household described tablished as a public nonprofit organi- in the first sentence of this definition zation. who were living, in a unit assisted Participant means an eligible person under this part, with the deceased who has been selected to participate in member of the household at the time of S+C. his or her death. (In any event, with re- Person with disabilities means a house- spect to the surviving member or mem- hold composed of one or more persons bers of a household, the right to rental at least one of whom is an adult who assistance under this part will termi- has a disability. - nate at the end of the grant period (I) A person shall be considered to under which the deceased member was have a disability if such person has a a participant.) 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 na- Act (42 U. S .C. 11403g) . ture 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 236 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582. 100 rental assistance payments under the specific area for their entire period of SRA component. participation or in a specific structure State has the meaning given in sec- for the first year and in a specific area tion 462 of the McKinney Act (42 U. S .C. for the remainder of their period of 11403g) . participation. Recipients may not de- Supportive service provider, or service fine the area in a way that violates the provider, means a person or organiza- Fair Housing Act or the Rehabilitation tion licensed or otherwise qualified to Act of 1973 . The term of the grant be- provide supportive services, either for tween HUD and the grant recipient for profit or not for profit. TRA is five years. Supportive services means assistance (b) Project-based rental assistance that— (PRA). Project-based rental assistance (1) Addresses the special needs of eli- provides grants for rental assistance to gible persons: and the owner of an existing structure, (2) Provides appropriate services or where the owner agrees to lease the assists such persons in obtaining ap- subsidized units to participants. Par- propriate services, including health ticipants do not retain rental assist- care, mental health treatment, alcohol ance if they move. Rental subsidies are and other substance abuse services , provided to the owner for a period of ei- child care services, case management ther five or ten years. To qualify for services, counseling, supervision, edu- ten years of rental subsidies, the owner cation, job training, and other services must complete at least $3,000 of eligible essential for achieving and maintain- rehabilitation for each unit (including ing independent living. the unit's prorated share of work to be (Inpatient acute hospital care does not accomplished on common areas or sys- qualify as a supportive service.) , tems) , to make the structure decent, Unit of general local governmenthas safe and sanitary. This rehabilitation the meaning given in section 102 of the must be completed with in 12 months Housing and Community Development of the grant award. Act of 1974 (42 U.S.C. 5302) . (c) Sponsor-based rental assistance Very low-income means an annual in- (SRA). Sponsor-based rental assistance come not in excess of 50 percent of the provides grants for rental assistance median income for the area, as deter- through contracts between the grant mined by HUD, with adjustments for recipient . and sponsor organizations. A smaller and larger families. HUD may sponsor may be a private, nonprofit or- establish income limits higher or lower ganization or a community mental than 50 percent of the median income health agency established as a public for the area on the basis of its finding nonprofit organization. Participants that such variations are necessary be- reside in housing owned or leased by cause of unusually high or low family the sponsor. The term of the grant be- incomes. [ween HUD and the grant recipient for SRA is five years. 161 FR 51169, Sept. 30, 1996: 62 FR 13539, Mar. (d) Moderate rehabilitation for single 21 , 1997] room occupancy dwellings (SRO). (1) The SRO component provides grants for 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 237 § 582. 105 24 CFR Ch. V (4-1 -05 Edition) the requirements of 24 CFR 882.803 (a) . the reserved amount to pay the actual Costs associated with rehabilitation of costs of rental assistance for program common areas may be included in the participants.. For TRA, on demonstra- calculation of the cost for assisted tion of need, up to 25 percent of the units based on the proportion of the total rental assistance awarded may be number of units to be assisted under spent in any one of the five years, or a this part to the total number of units. higher percentage if approved by HUD, (3) SRO assistance may also be used where the applicant provides evidence - for efficiency units selected for reha- satisfactory to HUD that it is finan- bilitation under this program, but the cially committed to providing the gross rent (contract rent plus any util- housing assistance described in the ap- ity allowance) for those units will be plication for the full five-year period. no higher than for SRO units (i.e. . 75 (2) A recipient must serve at least as percent of the 0-bedroom Moderate Re- - many participants as shown in its ap- habilitation Fair Market Rent) . plication. Where the grant amount re- (4) The requirements regarding main- served for rental assistance over the tenance, operation, and inspections de- grant period exceeds the amount that scribed in 24 CFR 882 .806 (b) (4) and will be needed to pay the actual costs 882.808(n) must be met. of rental assistance, due to such factor (5) Governing regulations. Except as contract rents being lower than where there is a conflict with any re- FMRs and participants are being able quirement under this part or where to pay a portion of the rent, recipients specifically provided, the SRO compo- may use the remaining funds for the nent will be governed by the regula- costs of administering the housing as- tions set forth in 24 CFR part 882 , sub- sistance, as described in paragraph (e) part H. of this section, for damage to property, § 582.105 Rental assistance amounts as described in paragraph (f) of this and payments. section, for covering the costs of rent (a) Eligible activity. S+C grants may increases, or for serving a great num- be used for providing rental assistance ber of participants. for housing occupied by participants in (d) Vacancies. (I) If a unit assisted the program and administrative costs under this part is vacated before the as provided for in paragraph (e) of this expiration of the occupancy agreement section, except that the housing may described in § 5 this part, the not be currently receiving Federal assistance for thhee u unitt may continue funding for rental assistance or oper- ating costs under other HUD programs. of the month in which the unit was va- Recipients may design a housing pro- cated, unless occupied by another eligi- gram that includes a range of housing ble person. No additional assistance types with differing levels of sup- will be paid until the unit is occupied portive services. Rental assistance may by another eligible person. include security deposits on units in an (2) As used in this paragraph (d) , the amount up to one month' s rent. term ' 'vacate" does not include brief (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 by HUD to administer the housing as- the term of the grant. sistance. (c) Payment of grant. (1) The grant (2) Eligible administrative activities amount will he 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 238 t Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582. 115 with housing quality standards, and re- (3) The value of time and services ceiving into the program new partici- contributed by volunteers at the rate pants. This administrative allowance of $10.00 an hour, except for donated does not include the cost of admin- professional services which may be istering the supportive services or the counted at the customary charge for grant (e.g., costs of preparing the appli- the service provided (professional serv- cation, reports or audits required by ices are services ordinarily performed HUD) , which are not eligible activities by donors for payment, such as the under a S+C grant. services of health professionals, that (f) Property damage. Recipients may are equivalent to the services they Aro- use grant funds in an amount up to one vide in their occupations) ; month's rent to pay for any damage to (9) The value of any lease on a build- housing due to the action of a partici- ing used for the provision of supportive pant. services, provided the value included in [58 FR 13892, Mar. 15, 1993, as amended at 61 the match is no more than the prorated FR 51170, Sept. 30, 1996] share used for the program; and (5) The cost of outreach activities, as § 582.110 Matching requirements. described in § 582.325 (a) of this part. (a) Matching rental assistance with supportive services. To qualify for rental § 582.115 Limitations on assistance. assistance grants, an applicant most (a) Current occupants. Current occu- certify that it will provide or ensure pants of the real property are not eligi- the provision of supportive services, in- ble for assistance under this part. How- cluding funding the services itself if ever, as described in § 582.335 , persons the planned resources do not become displaced as a direct result of acquisi- available for any reason, appropriate to tion, rehabilitation , or demolition for a the needs of the population being project under the S+C program are eli- served and at least equal in value to gible for and must be provided reloca- the aggregate amount of rental assist- tion assistance at Uniform Relocation ance funded by HUD. The supportive Act levels. services may be newly created for the (b) Amount of assistance provided with- program or already in operation, and in a jurisdiction. HUD will limit the may be provided or funded by other amount of assistance provided within Federal. State, local, or private pro- the jurisdiction of any one unit of local grams. Only services that are provided government to no more than 10 percent after the execution of the grant agree- of the amount available. ment may count toward the match. (c) Faith-based activities. (1) Organiza- (b) Availability to participants. Recipi- tions that are religious or faith-based ents must give reasonable assurances are eligible, on the same basis as any that supportive services will be avail- other organization, to participate in able to participants for the entire term the S+C program. Neither the Federal of the rental assistance. The value of government nor a State or local gov- the services provided to a participant, ernment receiving funds under S+C however, does not have to equal the programs shall discriminate against an amount of rental assistance provided organization on the basis of the organi- that participant, nor does the value zation's religious character or affili- have to be equal to the amount of rent- ation. _ al assistance on a year-to-year basis. (2) Organizations that are directly (c) Calculating the value of supportive funded under the S+C program may not services. In calculating the amount of engage in inherently religious activi- the matching supportive services , ap- ties, such as worship, religious instruc- plicants may count: tion, or proselytization as part of the (1) Salaries paid to staff of the recipi- programs or services funded under this ent to provide supportive services to part. If an organization conducts such S+C participants; activities , the activities must be of- (2) The value of supportive services fered separately, in time or location, provided by other persons or organiza- from the programs or services funded tions to S+C participants; under this part, and participation must 239 § 582. 120 24 CFR Ch. V (4-1 -05 Edition) be voluntary for the beneficiaries of in accordance with 24 CFR part 91 , and the HUD-funded programs or services. must submit a certification that the (3) A religious organization that par- application for funding is consistent ticipates in the S+C program will re- with the HUD-approved consolidated tain its independence from Federal, plan. Funded applicants must certify in State, and local governments, and may a grant agreement that they are fol- continue to carry out its mission, in- lowing the HUD-approved consolidated cluding the definition, practice and ex- plan. If the applicant is a State, and pression of its religious beliefs, pro- the project will be located in a unit of vided that it does not use direct S+C general local government that is re- funds to support any inherently reli- quired to have, or has, a complete con- gious activities, such as worship, reli- solidated plan, or that is applying for gious instruction, or proselytization. Shelter Plus Care assistance under the Among other things , faith-based orga- same Notice of Fund Availability nizations may use space in their facili- (NOFA) and will have an abbreviated ties to provide S+C-funded services, consolidated plan with respect to that without removing religious art, icons, application, the State also must sub- scriptures, or other religious symbols. mit a certification by the unit of gen- In addition, an S+C-funded religious or- eral local government that the State's ganization retains its authority over application is consistent with the unit its internal governance, and it may re- of general local government's HUD-ap- tain religious terms in its organza- proved consolidated plan. tion's name, select its board members (b) Applicants that are not States or on a religious basis . and include reli- units of general local government. The gious references in its organization's applicant must submit a certification mission statements and other gov- by the jurisdiction in which the pro- erning documents. posed project will be located that the (4) An organization that participates jurisdiction is following its HUD-ap- in the S+C program shall not, in pro- proved consolidated plan and the appli- viding program assistance, discrimi- cant's application for funding is con- nate against a program beneficiary or sistent with the jurisdiction's HUD-ap- prospective program beneficiary on the proved consolidated plan. The certifi- basis of religion or religious belief. cation must be made by the unit of (5) If a State or local government vol- general local government or the State, untarily contributes its own funds to in accordance with the consistency cer- supplement federally funded activities, tification provisions of the consoli- the State or local government has the dated plan regulations, 24 CFR part 91 , option to segregate the Federal funds subpart F . or commingle them. However, if the (c) Indian tribes and the Insular Areas funds are commingled, this section ap- - of Guam, the U. S. Virgin Islands, Amer- plies to all of the commingled funds . - ican Samoa, and the Northern Mariana (d) Maintenance of effort. No assist- Islands. These entities are not required ance received under this part (or any to have a consolidated plan or to make State or local government funds used , consolidated plan certifications. An ap- to supplement this assistance) may be plication by an Indian tribe or other used to replace funds provided under applicant for a project that will be lo- 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 158 FR 13892, Mar. 15 , 1993, as amended at 68 reservation, the requirement for a cer- FR 56487, Sept. 30, 20031 tification under paragraph (b) of this section will apply. § 582.120 Consolidated plan. (d) Timing of consolidated plan certiff- (a) Applicants that are States or units cation submissions. Unless otherwise set of general local government. The appli- forth in the NOTA, 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 240 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.300 consolidated plan must be submitted nent. For activities under a grant to a by the funding application submission PHA that generally would be subject to deadline announced in the NOFA. review under part 58, HUD may make a [60 FR 16379, Mar. 30, 19951 finding in accordance with § 58. 11 (d) and may itself perform the environmental Subpart C—Application and Grant review under the provisions of part 50 Award of this title if the recipient PHA ob- jects in writing to the responsible enti- § 582.200 Application and grant award. ty's performing the review under part 58. Irrespective of whether the respon- (a) Review. When funds are made sible entity in accord with part 58 (or available for assistance, HUD will pub- HUD in accord with part 50) performs lish a notice of fund availability in the the environmental review, the recipi- FEDERAL REGISTER in accordance with ent Shall Supply all available, relevant the requirements of 24 CFR part 4. Ap- information necessary for the respon- plications will be reviewed and screened in accordance with the guide- Bible entity (or HUD, if applicable) to lines, rating criteria and procedures perform for each property any environ- published in the notice. mental review required by this part. (b) Rating criteria. HUD will award The recipient also shall carry out miti- funds based on the criteria specified in gating measures required by the re- section 455 (a) (1) through (8) of the sponsible entity (or HUD , if applicable) McKinney Act (42 U. S . C. 11403d(1) — or select alternate eligible property . 11403d(8)) and on the following criteria HUD may eliminate from consideration authorized by section 455 (a) (9) of the any application that would require an McKinney Act (42 U.S.C. 11403d(9)) : Environmental Impact Statement (1) The extent to which the applicant (EIS) . has demonstrated coordination with (b) The recipient, its project partners other Federal, State, local, private and and their contractors may not acquire, other entities serving homeless persons rehabilitate, convert, lease, repair, dis- in the planning and operation of the pose of, demolish, or construct prop- project, to the extent practicable; erty for a project under this part, or (2) Extent to which the project tar- commit or expend HUD or local funds gets homeless persons living in emer- for such eligible activities under this gency shelters , supportive housing for part, until the responsible entity (as homeless persons, or in places not de- defined in § 58.2 of this title) has com- signed for, or ordinarily used as, a reg- pleted the environmental review proce- ular sleeping accommodation for dures required by part 58 and the envi- human beings ; ronmental certification and RROF (3) Quality of the project; and have been approved or HUD has per- (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 ill, 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 § 582,230 Environmental review. (where such submission is required) . (a) Activities under this part are sub- [fib FR 56130, Sept. 29, 20031 - - 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 operatiom prior to its approval of any condi- tionally selected applications from (a) Participation of homeless individ- PHAs for Fiscal Year 2000 and prior uals. . (1) Each recipient must provide years for other than the SRO compo- for the consultation and participation _ 241 § 582.305 24 CFR Ch. V (4- 1-05 Edition) of not less than one homeless indi- responsibility for inspections will be vidual or formerly homeless individual handled; the process for deciding which on the board of directors or other unit a participant will occupy; how equivalent policy-making entity of the participants will be placed in, or as- recipient, to the extent that the entity sisted in finding appropriate housing; considers and makes policies and deci- how rent calculations will be made and sions regarding any housing assisted the amount of rental assistance pay- under this part or services for the par- ments determined; and what safeguards ticipants. This requirement is waived if will be used to prevent the misuse of the applicant is unable to meet the re- funds. quirement and presents a plan, which HUD approves , to otherwise consult (Approved by the Office of Management and with homeless or formerly homeless in- Budget under control number 2506-0118) dividuals in considering and making [58 FR 13892. Mar, 15, 1993, as amended at 61 such policies and decisions. Participa- FR 51171 , Sept. 30, 1996] tion by such an individual who also is a participant under the program does § 582.305 Housing quality standards; not constitute a conflict of interest rent reasonableness. under § 582.340(b) of this part. (2) To the maximum extent prac- (a) Housing quality standards. Housing ticable, each recipient must involve assisted under this part must meet the homeless individuals and families, applicable housing quality standards through employment, volunteer serv- (HQS) under § 982.401 of this title—ex- ices, or otherwise, in constructing or cept that § 982 ,4010) of this title does rehabilitating housing assisted under not apply and instead part 35, subparts this part and in providing supportive A. B , K and R of this title apply—and, services required under § 582.215 of this for SRO under § 882.803 (b) of this title. part. Before any assistance will be provided (b) Ongoing assessment of housing and on behalf of a participant, the recipi- supportive services. Each recipient of as- ent, or another entity acting on behalf sistance must conduct an ongoing as- of the recipient (other than the owner sessment of the housing assistance and of the housing) , must physically in- supportive services required by the par- spect each unit to assure that the unit ticipants, and make adjustments as ap- meets the HQS. Assistance will not be propriate. provided for units that fail to meet the (c) Adequate supportive services. Each HQS, unless the owner corrects any de- recipient must assure that adequate ficiencies within 30 days from the date supportive services are available to of the lease agreement and the recipi- participants in the program. ent verifies that all deficiencies have (d) Records and reports. (1) Each re- been corrected. Recipients must also cipient must keep any records and, inspect all units at least annually dur- within the timeframe required, make ing the grant period to ensure that the any reports (including those pertaining units continue to meet the HQS. to race, ethnicity, gender, and dis- (b) Rent reasonableness. HUD will only ability status data) that HUD may re- provide assistance for a unit for which quire. the rent is reasonable. For TRA, PRA, (2) Each recipient must keep on file, and make available to the public and SRA, it is the responsibility of the quest, adescription of the procedures re- recipient to determine whether the used to select sponsors under the SRA rent charged for the unit receiving component and buildings under the rental assistance is reasonable in rela- SRO, SRA, and PRA components. tion to rents being charged for com- (3) Each recipient must develop, and parable unassisted units , taking into make available to the public upon re- account the location, size, type, qual- quest, its procedures for managing the ity, amenities, facilities , and manage- rental housing assistance funds pro- ment and maintenance of each unit, as vided by HUD. At a minimum, such well as not in excess of rents currently procedures must describe how units being charged by the same owner for will be identified and selected; how the comparable unassisted units. For SRO, 242 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.325 rents are calculated in accordance with § 582.320 Termination of assistance to 24 CFR 882.805(g) . participants. [58 FR 13892, Mar. 15 , 1993, as amended at 61 (a) Termination of assistance. The re- FR 51171 , Sept. 30, 1996; 64 FR 50226, Sept. 15, cipient may terminate assistance to a 19991 participantwhoviolates program re- quirements or conditions of occupancy. § 582.310 Resident rent. Recipients must exercise judgment and (a) Amount of rent. Each participant examine all extenuating circumstances must pay rent in accordance with sec- in determining when violations are se- tian 3(a) (1) of the U.S . Housing Act of rious enough to warrant termination, 1937 (42 U.S .C. 1437a(a) (1)) , except that so that a participant's assistance is in determining the rent of a person oc- terminated only in the most severe cupying an intermediate care facility cases. Recipients are not prohibited assisted under title XIX of the Social from resuming assistance to a partici- Security Act, the gross income of this pant whose assistance has been termi- person is the same as if the person were nated. being assisted under title XVI of the (b) Due process. In terminating assist- Social Security Act. ance to a participant, the recipient (b) Calculating income. (1) Income of must provide a formal process that rec- participants must be calculated in ac- ognizes the rights of individuals receiv- cordance with 24 CFR 5 .609 and 24 CFR ing assistance to due process of law. 5 .611 (a) . This process. at a minimum, must con- (2) Recipients must examine a par- sist of: ticipant's income initially, and at least (I) Written notice to the participant annually thereafter, to determine the containing a clear statement of the amount of rent payable by the partici- reasons for termination; pant. Adjustments to a participant's (2) A review of the decision, in which rental payment must be made as nec- the participant is given the oppor- essary. tunity to present written or oral objec- (3) As a condition of participation in tions before a person other than the the program, each participant must person (or a subordinate of that person) agree to supply the information or doc- who made or approved the termination umentation necessary to verify the decision; and participant's income, Participants (3) Prompt written notice of the final must provide the recipient information decision to the participant: at any time regarding changes in in- come or other circumstances that may § 582.325 Outreach activities. result in changes to a participant's Recipients must use their best efforts rental payment. to ensure that eligible hard-to-reach [66 FR 6225, Jan. 19, 20011 persons are served by S+C . Recipients are expected to make sustained efforts § 582.315 Occupancy agreements. to engage eligible persons so that they may be brought into the program. Out- (a) Initial occupancy agreement. Par- reach should be primarily directed to- ticipants must enter into an occupancy ward eligible persons who have a night- agreement for a term of at least one time residence that is an emergency month. The occupancy agreement must shelter or a public or private place not be automatically renewable upon expi- designed for, or ordinarily used as, a ration, except on prior notice by either regular sleeping accommodation for party, human beings (e.g., persons living in (b) Terms of agreement. In addition to - cars , streets, and parks) . Outreach ac- standard lease provisions, the occu- tivities are considered to be a sup- pancy agreement may also include a portive service, and the value of such provision requiring the participant to activities that occur after the execu- take part in the supportive services tion of the grant agreement may be in- provided through the program as a con- cluded in meeting the matching re- dition of continued occupancy. quirement. 243 § 582.330 24 CFR Ch. V (4- 1 -05 Edition) § 582.330 Nondiscrimination and equal tablish additional procedures that will opportunity requirements. ensure that interested persons can ob- (a) General. Recipients may establish tain information concerning the assist- a preference as part of their admissions ance. procedures for one or more of the (2) The recipient must adopt proce- statutorily targeted populations (i. e. . dures to make available information seriously mentally ill , alcohol or sub- on the existence and locations of facili- stance abusers, or persons with AIDS ties and services that are accessible to and related diseases) . However, other persons with a handicap and maintain eligible disabled homeless persons evidence of implementation of the pro- must be considered for housing de- cedures. signed for the target population unless (d) The accessibility requirements, the recipient can demonstrate that reasonable modification, and accom- there is sufficient demand by the tar- modation requirements of the Fair get population for the units, and other Housing Act and of section 504 of the eligible disabled homeless persons Rehabilitation Act of 1973, as amended. would not benefit from the primary [58 FR 13892, Mar. 15, 1993, as amended at 61 supportive services provided. FR 5210, Feb. 9, 19961 (b) Compliance with requirements. (1) In addition to the nondiscrimination § 582.335 Displacement, relocation, and and equal opportunity requirements real property acquisition. set forth in 24 CFR part 5, recipients (a) Minimizing displacement. Con- serving a designated population of sistent with the other goals and objec- homeless persons must, within the des- tives of this part. recipients must as- ignated population, comply with the sure that they have taken all reason- prohibitions against discrimination able steps to minimize the displace- against handicapped individuals under ment of persons (families, individuals, section 503 of the Rehabilitation Act of businesses, nonprofit organizations, 1973 (29 U.S .C. 794) and implementing and farms) as a result of supportive regulations at 41 CFR chapter 60-741 . housing assisted under this part. (2) The nondiscrimination and equal (b) Relocation assistance for displaced opportunity requirements set forth at persons. A displaced person (defined in _ part 5 of this title are modified as fol- paragraph (t) of this section) must be lows: provided relocation assistance at the (i) The Indian Civil Rights Act (25 levels described in, and in accordance U.S .C. 1301 et seq.) applies to tribes with, the requirements of the Uniform when they exercise their powers of self- Relocation Assistance and Real Prop- government, and to IHAs when estab- erty Acquisition Policies Act of 1970 lished by the exercise of such powers. (URA) (42 U. S .C. 4601-4655) and imple- When an IHA is established under menting regulations at 49 CFR part 24. State law, the applicability of the In- (c) Real property acquisition require- dian Civil Rights Act will be deter- ments. The acquisition of real property mined on a case-by-case basis. Projects for supportive housing is subject to the subject to the Indian Civil Rights Act URA and the requirements described in - must be developed and operated in 49 CFR part 24, subpart B. compliance with its provisions and all (d) Responsibility of recipient. (1) The implementing HUD requirements, in- recipient must certify (i.e. , provide as- stead -of title VI and the Fair Housing surance of compliance) that it will Act and their implementing regula- comply with the URA, the regulations tions. at 49 CFR part 24, and the requirements (ii) [Reserved] of this section, and must ensure such - (c) Afrmadve outreach. (1) If the pro- compliance notwithstanding any third cedures that the recipient intends to party's contractual obligation to the use to make known the availability of recipient to comply with these provi- the program are unlikely to reach per- sions. sons of any particular race, color, reli- (2) The cost of required relocation as- gion, sex, age, national origin, familial sistance is an eligible project cost in status, or handicap who may qualify the same manner and to the same ex- for assistance, the recipient must es- tent as other project costs. Such costs 244 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.335 also may be paid for with local public provided written notice offering him or funds or funds available from other her the opportunity to lease and oc- sources. cupy a suitable, decent, safe and sani- (3) The recipient must maintain tary dwelling in the same building/ records in sufficient detail to dem- complex, under reasonable terms and onstrate compliance with provisions of conditions, upon completion of the this section. project. Such reasonable terfns and (e) Appeals. A person who disagrees conditions must include a monthly with the recipient's determination con- rent and estimated average monthly cerning whether the person qualifies as utility costs that do not exceed the a "displaced person, ' or the amount of greater of: relocation assistance for which the per- (A) The tenant's monthly rent before son is eligible, may file a written ap- the initiation of negotiations and esti- peal of that determination with the re- mated average utility costs, or cipient. A low-income person who is (B) 30 percent of gross household in- dissatisfied with the recipient's deter- mination on his or her appeal may sub- come. If the initial rent is at or near mit a written request for review of that the maximum , there must be a reason- determination to the HUD field office. able basis for concluding at the time (f) Definition of displaced person. (1) the project is initiated that future rent For purposes of this section, the term increases will be modest. "displaced person" means a person (iv) A tenant of a dwelling who is re- (family, individual , business, nonprofit quired to relocate temporarily, but organization, or farm) that moves from does not return to the building/com- real property, or moves personal prop- plex, if either: erty from real property permanently as (A) A tenant is not offered payment a direct result of acquisition, rehabili- for all reasonable out-of-pocket ex- tation, or demolition for supportive penses incurred in connection with the housing project assisted under this temporary relocation, or part. The term "displaced person" in- (B) Other conditions of the tem- cludes, but may not be limited to: porary relocation are not reasonable, (f) A person that moves permanently (v) A tenant of a dwelling who moves from the real property after the prop- from the building/complex perma- erty owner (or person in control of the nently after he or she has been re- site) issues a vacate notice or refuses quired to move to another unit in the to renew an expiring lease, if the move same building/complex, if either: occurs on or after: (A) The date that the recipient sub- bur(°s The tenant is not offered t-of- mits to HUD an application for assist- pocket e t ex for all reasonable connection that is later approved and funded, Pocket expenses incurred in connection with the move; or if the recipient has control of the project site; or (B) Other conditions of the move are (B) The date that the recipientob- not reasonable. tains control of the project site, if such (2) Notwithstanding the provisions of control is obtained after the submis- paragraph (f) (1) of this section, a per- sion of the application to HUD. son does not qualify as a "displaced (h) Any person, including a person person" (and is not eligible for reloca- who moves before the date described in tion assistance under the URA or this paragraph (f) (1) (1) of this section, if the section) , if: recipient or HUD determines that the (I) The person has been evicted for se- displacement resulted directly from ac- rious or repeated violation of the terms quisition, rehabilitation, or demolition and conditions of the lease or occu- for the assisted project. pancy agreement, violation of applica- (iii) A tenant-occupant of a dwelling ble Federal, State, or local or tribal unit who moves permanently from the law, or other good cause, and HUD de- building/complex on or after the date of termines that the eviction was not un- the " initiation of negotiations" (see dertaken for the purpose of evading the paragraph (g) of this section) if the obligation to provide relocation assist- move occurs before the tenant has been ance; 245 § 582.340 24 CFR Ch. V (4-1 -05 Edition) (ii) The person moved into the prop- (Cost Principles Applicable to Grants, erty after the submission of the appli- Contracts and Other Agreements with cation and, before signing a lease and Nonprofit Institutions) apply to the ac- commencing occupancy, was provided ceptance and use of assistance by pri- written notice of the project, its pos- vate nonprofit - organizations, except sible impact on the person (e.g. , the where inconsistent with provisions of person may be displaced, temporarily the McKinney Act, other Federal stat- relocated, or suffer a rent increase) and utes, or this part. the fact that the person would not (2) The financial management sys- qualify as a "displaced person" (or for tems used by recipients under this pro- any assistance provided under this sec- gram must provide for audits in ac- tion) , if the project is approved; cordance with the provisions of 24 CFR (iii) The person is ineligible under 49 part 44 . Private nonprofit organiza- CFR 24.2 (g) (2) ; or tions who are subrecipients are subject (iv) HUD determines that the person to the audit requirements of 24 CFR was not displaced as a direct result of part 45. HUD may perform or require acquisition, rehabilitation, or demon- tion for the project. additional audits as it finds necessary (3) The recipient may request, at any or appropriate. time, HUD's determination of whether (b) Conflict of interest (1) In addition a displacement is or would be covered to the conflict of interest requirements under this section. in 24 CFR part 85, no person who is an (g) Definition of initiation of negotia- employee, agent, consultant, officer, or tions. For purposes of determining the elected or appointed official of the re- formula for computing the replacement cipient and who exercises or has exer- housing assistance to be provided to a cised any functions or responsibilities residential tenant displaced as a direct with respect to assisted activities, or result of privately undertaken rehabili- who is in a position to participate in a tation, demolition, or acquisition of decisionmaking process or gain inside the real property, the term "initiation information with regard to such activi- of negotiations" means the execution ties, may obtain a personal or financial of the agreement between the recipient interest or benefit from the activity, or and HUD, or selection of the project have an interest in any contract, sub- site, if later. contract, or agreement with respect thereto, or the proceeds thereunder, ei- § 582.340 Other Federal requirements. ther for himself or herself or for those In addition to the Federal require- with whom he or she has family or ments set forth in 24 CFR part 5, the business ties , during his or her tenure following requirements apply to this or for one year thereafter. Participa- program: I tion by homeless individuals who also (a) OMB Circulars. (1) The policies, are participants under the program in guidelines, and requirements of OMB policy or decisionmaking under § 582.300 Circular No. A-87 (Cost Principles Ap- of this part does not constitute a con- plicable to Grants, Contracts and Other flict of interest. - Agreements with State and Local Gov- (2) Upon the written request of the ernments) and 24 CFR part 85 apply to recipient. HUD may grant an exception the acceptance and use of assistance to the provisions of paragraph (b) (1) of under the program by governmental this section on a case-by-case basis entities, and OMB Circular Nos. A-110 when it determine that the exception (Grants and Cooperative Agreements will serve to further the purposes of with Institutions of Higher Education, the program and the effective and effi- Hospitals, and Other Nonprofit Organi- cient administration of the recipient's zations) and 24 CFR part 84 and A-122 project. An exception may be consid- ered only after the recipient has pro- . I Copies of OMB Circulars may be obtained vided the following: from E.O.P. Publications, room 2200, New Ex- '(i) For States, units of general local ecutive Office Building, Washington, DC 20503, telephone (202) 395-7332. (This is not a governments, PHAs and IHAs, a disclo- toll-free number.) There is a limit of two free sure of the nature of the conflict, ac- copies. companied by an assurance that there 246 r r Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 582.410 has been public disclosure of the con- (b) Enforcement. HUD will enforce the flict and a description of how the pub- obligations in the grant agreement lic disclosure was made; and through such action as may be nec- (ii) For all recipients, an opinion of essary, including recapturing assist- the recipient's attorney that the inter- ance awarded under the program. est for which the exception is sought would not violate State or local law. § 582.405 Program changes. (3) In determining whether to grant a (a) Changes. HUD must approve, in requested exception after the recipient has satisfactorily met the requirement Writing, any significant changes to an of paragraph (b) (2) of this section, HUD approved program. Significant changes will consider the cumulative effect of that require approval include, but are the following factors, where applicable : not limited to, a change in sponsor , a (i) Whether the exception would pro- change in the project site for SRO or vide a significant cost benefit or an es- PRA with rehabilitation projects, and sential degree of expertise to the a change in the type of persons with project which would otherwise not be disabilities to be served. Depending on available; the nature of the change, HUD may re- (ii) Whether the person affected is a quire a new certification of consistency member of a group or class of eligible with the CHAS (see § 582. 20) . persons and the exception will permit (b) Approval. Approval for such such person to receive generally the changes is contingent upon the applica- same interests or benefits as are being tion ranking remaining high enough to made available or provided to the have been competitively selected for group or class; funding in the year the application was (iii) Whether the affected person has selected. withdrawn from his or her functions or responsibilities, or the decisionmaking § 582.410 Obligation and deobligation process with respect to the specific as- of funds. sisted activity in question; (a) Obligation of funds. When HUD and (iv) Whether the interest or benefit was present before the affected person the applicant execute a grant agree- was in a position as described in para- ment, HUD will obligate funds to cover graph (b) (1) of this section; the amount of the approved grant. The (v) Whether undue hardship will re- recipient will be expected to carry out sult either to the recipient or the per- the activities as proposed in the appli- son affected when weighed against the cation. After the initial obligation of public interest served by avoiding the funds, HUD is under no obligation to prohibited conflict; and make any upward revisions to the - (vi) Any other relevant consider- grant amount for any approved assist- ations. ance. [58 FR 13892, Mar. 15, 1993, as amended at 61 (b) Deobligation. (1) HUD may FR 5210, Feb. 9, 1996; 61 FR 51171 , Sept. 30, deobligate all or a portion of the ap- 1996; 62 FR 13539, Mar. 21 . 19971 proved grant amount if such amount is not expended in a timely manner, or Subpart E—Administration the proposed housing for which funding was approved or the supportive services § 582.400 Grant agreement. proposed in the application are not pro- (a) General. The grant agreement will vided in accordance with the approved be between HUD and the recipient. application, the requirements of this HUD will hold the recipient responsible part, and other applicable HUD regula- for the overall administration of the tions. The grant agreement may set program, including overseeing any sub- forth other circumstances under which recipients or contractors. Under the funds may be deobligated, and other grant agreement, the recipient must sanctions may be imposed . agree to operate the program in ac- (2) HUD may readvertise, in a notice cordance with the provisions of this of fund availability, the availability of part and other applicable HUD regula- funds that have been deobligated, or tions. may reconsider applications that were 247 Pt. 583 24 CFR Ch. V (4- 1 -05 Edition) submitted in response to the most re- 583.405 Program changes. cently published notice of fund avail- 583.410 Obligation and deobligation of funds. ability and select applications for fund- AVCBomry: 42 U.S.C. 11389 and 3535 (d) . ing with the deobligated funds. Such So selections would be made in accordance IIRCE: 58 FR 13871 , Mar, 15, 1993, unless with the selection process described in otherwise noted. - § 582.220 of this part. Any selections Subpart A—General made using deobligated funds will be P subject to applicable appropriation act requirements governing the use of § 583.1 Purpose and scope. deobligated funding authority. (a) General. The Supportive Housing (Approved by the Office of Management and Program is authorized by title IV of Budget under control number 2506-0118) the Stewart B. McKinney Homeless As- sistance Act (the McKinney Act) (42 PART 583—SUPPORTIVE HOUSING U. S .C. 11381-11389) . The Supportive PROGRAM Housing program is designed to pro- mote the development of supportive Subpart A--General housing and supportive services, in- cluding innovative approaches to assist Sec. homeless persons in the transition 583. 1 Purpose and scope, from homelessness, and to promote the 583.5 Definitions. provision of supportive housing to Subpart B—Assistance Provided homeless persons to enable them to live as independently as possible. 583.100 Types and uses of assistance. (b) Components. Funds under this part 583. 105 Grants for acquisition and rehabili- may be used for: tation. (1) Transitional housing to facilitate 583. 110 Grants for new construction. the movement of homeless individuals 583. 115 Grants for leasing, and families to permanent housing; 583. 120 Grants for supportive service costs. 583. 125 Grants for operating costs. (2) Permanent housing that provides 583. 130 Commitment of grant amounts . for long-term housing for homeless persons leasing, supportive . services, and oper- with disabilities; ating costs. (3) Housing that is, or is part of, a 583. 135 Administrative costs. particularly innovative project for, or 583. 140 Technical assistance. alternative methods of, meeting the 583. 145 Matching requirements. immediate and long-term needs of 583. 150 Limitations on use of assistance. 583. 155 Consolidated plan. homeless persons; or (4) Supportive services for homeless Subpart C—Application and , Grant Award persons not provided in conjunction Process with supportive housing. 583.200 Application and grant award. 158 FR 13871, Mar. 15, 1993, as amended at 61 583.230 Environmental review. FR 51175, Sept. 30, 19961 583.235 Renewal grants. § 583.5 Definitions. Subpart D—Program Requirements As used in this part: 583.300 General operation. - - Applicant is defined in section 422(1) 583.305 Term of commitment; repayment of of the McKinney Act (42 U.S .C. grants; prevention of undue benefits. 11382 (l)) , For purposes of this defini- 583.310 Displacement, relocation, and acqui- tion, governmental entities include ' s1tion. those that have general governmental 583.315 Resident rent. - g 583.320 Site control. powers (such as a city or county) , as 583.325 Nondiscrimination and equal oppor- well as those that have limited or spe- tunity requirements. cial powers (such as public housing 583.330 Applicability of other Federal re- agencies) . quirements. Consolidated plan means the plan that Subpart E—Administration a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 583.400 Grant agreement. 91 . 248