Backup Documents 05/08/2012 Item #16D 6ORIGINAL DOCUMENTS CHECKLIST &ROUTING IbD
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's si ature, draw a line throu routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
Office
Initials
Date
(List in routing order)
Operations Coordinator
(Initial)
Applicable)
1. Jennifer White
County Attorney's Office
Agenda Item Number
\'d'
�VI
2.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
HUD CoC HMIS Agreement
Number of Original
3
3.
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
u
4.
contracts, agreements, etc. that have been fully executed by all parties except the BCC
5. Ian Mitchell, Executive Manager
Board of County Commissioners
r
5l
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
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n/a
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Wendy Klopf
Phone Number
252 -2901
Contact
Operations Coordinator
(Initial)
Applicable)
Agenda Date Item was
May 8,2012
Agenda Item Number
16136
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
HUD CoC HMIS Agreement
Number of Original
3
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ Countv Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
apDrODriat e.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
WK
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike- through and revisions have been initialed by the County Attorney's
AW# —''
n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
WK
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
WK
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 05 -08-12 and all changes made during
WK
N/A is not
the meeting have been incorporated in the attached document. The County Attorney's
an option for
Office has reviewed the changes, if applicable. I
I
line 6.
1: Forms/ Countv Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
160 61
MEMORANDUM
Date: May 15, 2012
To: Wendy Klopf, Operations Coordinator
Housing & Human Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: HUD CoC HMIS Agreement
Attached are the two (2) originals referenced above, (Item #16D6) approved by Board
of County Commissioners on Tuesday, May 8, 2012.
A fully executed original has been kept by the Minutes & Records Department, as
part of the Board's Official Records.
If you should have any questions, please contact me at 252 -7240.
Thank you.
16D 61
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
909 SE First Avenue
Miami, FL 33131
Grant Number: FL0294B4D061104
Project Name: FL -606 - REN - HMIS Renewal MP 2011
Total Award Amount: $104,645
Component: HMIS
Recipient: Collier County Board of County Commissioners
Contact Person and Title: Fred Coyle, BCC Chair
Telephone Number: (239) 252 -8097
Fax Number: (239) 252 -6668
E -mail Address: FredCoyleC colliergov.net
EIN/Tax ID Number: 59- 6000558
DUNS Number: 076997790
Effective Date: May 1, 2012
Project Location(s): Collier County
2011 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 the Recipient, which is described in section 1 of
Attachment A, attached hereto and made a part hereof.
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 B, and the Notice of Funding
Availability (NOFA), that was published in two parts. The first part was the Policy Requirements
and General Section of the NOFA, and the second part was the Continuum of Care Homeless
Assistance Programs section of the NOFA, which are located at 1=: / /archives.hud..c�ov /funding/
2011 /fundsavail.cfm . The term "Application" means the original and renewal application
submissions, including the certifications and assurances, the Technical Submission, and any
information or documentation required to meet any grant award conditions, on the basis of which
HUD approved a grant. The Application is incorporated herein as part of this Agreement,
however, in the event of a conflict between any part of the Application and any part of the Grant
Agreement, the latter shall control. The Secretary agrees, subject to the terms of the Grant
Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the
approved project described in the application. The Recipient agrees, subject to the terms of the
Grant Agreement, to use the grant funds for eligible activities during the term specified at section
3 of Attachment A.
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16D 61
The Recipient must provide a 25 percent cash match for supportive services.
The Recipient agrees to comply with all requirements of this Grant Agreement and to
accept responsibility for such compliance by any entities to which it makes grant funds available.
The Recipient agrees to participate in a local Homeless Management Information System
(HNIIS) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities in
any unit assisted with grant funds.
The Recipient agrees to draw grant funds at least quarterly.
For any project funded by this grant, which is also financed through the use of the Low
Income Housing Tax Credit, the following applies:
HUD recognizes that the Recipient or the project sponsor will or has financed this project
through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor
shall be the 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 the Attachment A provisions, noncompliance
with the Act or Attachment B provisions, any other material breach of the Grant Agreement, or
misrepresentations in the application submissions which, if known by HUD, would have resulted in
this grant not being provided. Upon due notice to the Recipient of the occurrence of any such
default and the provision of a reasonable opportunity to respond, HUD may take one or more of the
following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or
(b) issue a letter of warning advising the Recipient of the default, establishing a date by
which corrective actions must be completed and putting the Recipient on notice that
more serious actions will be taken if the default is not corrected or is repeated; or
(c) direct the Recipient to establish and maintain a management plan that assigns
responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur costs for the affected
activity; or
www.hudxov esomxoLhud.c *ov Pne 2
160 6
(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.
The Grantee shall comply with requirements established by the Office of Management and
Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS),
the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and
Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal
Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be
codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding
Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)
(to be codified at 2 CFR part 170).
This Grant Agreement constitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, or population to be served nor shift more
than 10 percent of funds from one approved type of eligible activity to another without the prior
written approval of HUD. The effective date of this Grant Agreement shall be the date of
execution by HUD, except with prior written approval by HUD.
www.Wd.�-Yov espmol.hud.t!ov Paee 3
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
Signature and Date
Maria R. Ortiz Hill
Print name of signatory
Director
Title
160 6"
RECIPIENT
L 0 ii COLA^Ll 60a rol Y Car rY; �Ss; JY1e 2 S
Name of Organization
By:
Lo
5!8 lZ
Authorized Signature and Date
Fred 'I: Cns:�l�
Print name of signatory
Chi, i�
Title
Appmed as to form & legal Sufficiency
D: IS.I. BRO Iork"1.��,.. -�
Assistant County Attorney
p4a 1
r
'
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Page 4
16D 6
ATTACHMENT A
1 The Recipient is Collier County Board of County Commissioners.
2 HUD's total fund obligation for this project is $104,645, which shall be allocated as follows:
a. Leasing $0
b. Supportive services $0
c. Operating costs $0
d. HMIS $99,662
e. Administration $4,983
3. Although this agreement will become effective only upon the execution hereof by both parties,
upon execution, the term of this agreement shall run from the end of the Recipient's final operating
year under the original Grant Agreement or, if the original Grant Agreement was amended to
extend its term, the term of this agreement shall run from the end of the extension of the original
Grant Agreement term for a period of twelve (12) months. Eligible costs, as defined by the Act
and Attachment B, incurred between the end of Recipient's final operating year under the original
Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may
be paid with funds from the first operating year of this Renewal Grant.
www.hud.gov espviol hud.gov Page 5
ATTACHMENT B
Codified Supportive Housing Program Regulation
SHP is subject W the changes made by
the Homeless Definition Rule that is at
the end of this Rule.
PART 583- SUPPORTIVE HOUSING
PROGRAM
Subpart A- General
Sec.
583.1 Purpose and scope.
583.5 Definitions.
Subpart B- Assistance Provided
583.100 Types and uses of assistance.
583.105 Grants for acquisition and rehabilitation.
583.110 Grants for new construction.
583.115 Grants for leasing.
583.120 Grants for supportive service costs.
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for
leasing, supportive services, and operating
costs.
16D
583.135 Administrative costs.
583.140 Technical assistance.
583.145 Matching requirements.
583.150 Umitatiais on use of assistance.
583.155 Consolidated plan.
Subpart C- Application and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart D- Program Requirements
583.300 General operation.
583.305 Term of commitment; repayment of
grants; prevention of undue benefits.
583.310 DisplacerixM relocation, and acquisition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal opportunity
requirements.
583.330 Applicability of other Federal requirements.
Subpart E- Administration
583.400 Grant agreement. 583.405
Program changes. 583.410 Obligation and
deobligation of funds.
AUTHORITY: 42 U.S.C. 11389 and 3535(d).
SOURCE: 58 FR 13871, Mar. 15, 1993, unless
otherwise noted.
Subpart A- General
§ 583.1 Purpose and scope.
(a) General. The Supportive Housing
Program is authorized by title IV of the Stewart
B. McKinney Homeless Assistance Act (the
McKinney Act) (42 U.S.C. 11381 - 11389). The
Supportive Housing program is designed to
promote the development of supportive housing
and supportive services, including innovative
approaches to assist homeless persons in the
transition from homelessness, and to promote
[ii
www.hud.gov esnanol hid.eov Page 6
§ 583.5
the provision of supportive housing to homeless
persons to enable them to live as independently
as possible.
(b) Components. Funds under this part
may be used for:
(1) Transitional housing to facilitate the
movement of homeless individuals and families
to permanent housing;
(2) Permanent housing that provides
long -term housing for homeless persons with
disabilities;
(3) Housing that is, or is part of, a
particularly innovative project for, or alternative
methods of, meeting the immediate and
long -term needs of homeless persons; or
(4) Supportive services for homeless
persons not provided in conjunction with
supportive housing.
[58 FR 13871, Mar. 15, 1993, as amended at 61
FR 51175, Sept 30, 1996]
§ 583.5 Definitions.
As used in this part:
Applicant is defined in section 422(1) of the
McKinney Act (42 U.S.C. 11382(1)). For
purposes of this definition, governmental
entities include those that have general
governmental powers (such as a city or county),
as well as those that have limited or special
powers (such as public housing agencies).
Consolidated plan means the plan that a
jurisdiction prepares and submits to HUD in
accordance with 24 CFR part 91.
Date of initial occupancy means the date
that the supportive housing is initially occupied
by a homeless person for whom HUD provides
assistance under this part. If the assistance is
for an existing homeless facility, the date of
initial occupancy is the date that services are
first provided to the residents of supportive
housing with funding under this part.
Date of initial service provision means the
date that supportive services are initially
provided with funds under this part to homeless
persons who do not reside in supportive
housing. This definition applies only to projects
funded under this part that do not provide
supportive housing.
Disability is defined in section 422(2) of the
McKinney Act (42 U.S.C. 11382(2)).
24 CFR Ch. V (4-1 -09 Edition)
Homeless person means an individual or
family that is described in section 103 of the
McKinney Act (42 U.S.C.11302).
Metropolitan city is defined In section
102(a)(4) of the Housing and Community
Development Act of 1974 (42 U.S.C.
5302(a)(4)). In general, metropolitan cities are
those cities that are eligible for an entitlement
grant under 24 CFR part 570, subpart D.
New construction means the building of a
structure where none existed or an addition to
an existing structure that increases the floor
area by more than 100 percent.
Operating costs is defined in section 422(5)
of the McKinney Act (42 U.S.C.11382(5)).
Outpatient health services is defined in
section 422(6) of the McKinney Act (42 U.S.C.
11382(6)).
Permanent housing for homeless persons
with disabilities is defined in section 424(c) of
the McKinney Act (42 U.S.C.11384(c)).
Private nonprofit organization is defined in
section 422(7) (A), (B), and (D) of the McKinney
Act (42 U.S.C. 11382(7) (A), (B), and (D)). The
organization must also have a functioning
accounting system that is operated in
accordance with generally accepted accounting
principles, or designate an entity that will
maintain a functioning accounting system for
the organization in accordance with generally
accepted accounting principles.
Project is defined in sections 422(8) and
424(d) of the McKinney Act (42U.S.C. 11382(8),
11384(d)).
Recipient is defined in section 422(9) of the
McKinney Act (42 U.S.C. 11382(9)).
Rehabilitation means the improvement or
repair of an existing structure or an addition to
an existing structure that does not increase the
floor area by more than 100 percent.
Rehabilitation does not include minor or routine
repairs.
State is defined in section 422(11) of the
McKinney Act (42 U.S.C. 11382(11)).
Supportive housing is defined in section
424(a) of the McKinney Act (42U.S.C.
11384(a)).
Supportive services is defined in section 425
of the McKinney Act (42 U.S.C.11385).
Transitional housing is defined in section
424(b) of the McKinney Act (42 U.S.C.
11384(b)). See also § 583.3000).
www.hud.eov esmiol.hud.¢ov Page 7
16D b
Ofc. of Assn Sect'., Comm. Planning, Develop., HUD § 583.110
Tribe is defined in section 102 of the
Housing and Community Development Act of
1974 (42 U.S.C. 5302).
Urban county is defined in section 102(a)(6)
of the Housing and Community Development
Act of 1974 (42 U.S.C.5302(a)(6)). In general,
urban counties are those counties that are
eligible for an entitlement grant under 24 CFR
part 570, subpart D.
[61 FR 51175, Sept 30, 19961
Subpart B- Assistance Provided
§ 583.100 Types and uses of assistance.
(a) Grant assistance. Assistance in the form
of grants is available for acquisition of
structures, rehabilitation of structures,
acquisition and rehabilitation of structures, new
construction, leasing, operating costs for
supportive housing, and supportive services, as
described in §§ 583.105 through 583.125.
Applicants may apply for more than one type of
assistance.
(b) Uses of grant assistance. Grant
assistance may be used to:
(1) Establish new supportive housing
facilities or new facilities to provide supportive
services;
(2) Expand existing facilities in order to
increase the number of homeless persons
served;
(3) Bring existing facilities up to a level that
meets State and local government health and
safety standards;
(4) Provide additional supportive services
for residents of supportive housing or for
homeless persons not residing in supportive
housing;
(5) Purchase HUD -owned single family
properties currently leased by the applicant for
use as a homeless facility under 24 CFR part
291; and
(6) Continue funding supportive housing
where the recipient has received funding under
this part for leasing, supportive services, or
operating costs.
(c) Structures used for multiple purposes.
Structures used to provide supportive housing
or supportive services may also be used for
other purposes, except that assistance under
this part will be available only in proportion to
the use of the structure for supportive housing
or supportive services.
(d) Technical assistance. HUD may offer
technical assistance, as described in § 583.140.
(58 FR 13871, Mar. 15, 1993, as amended at 59
FR 36891, July 19,19%)
§ 583.105 Grants for acquisition and
rehabilitation.
(a) Use. HUD will grant funds to recipients
to:
(1) Pay a portion of the cost of the
acquisition of real property selected by the
recipients for use in the provision of supportive
housing or supportive services, including the
repayment of any outstanding debt on a loan
made to purchase property that has not been
used previously as supportive housing or for
supportive services;
(2) Pay a portion of the cost of
rehabilitation of structures, including cost -
effective energy measures, selected by the
recipients to provide supportive housing or
supportive services; or
(3) Pay a portion of the cost of acquisition
and rehabilitation of structures, as described in
paragraphs (a)(1) and (2) of this section.
(b) Amount. The maximum grant available
for acquisition, rehabilitation, or acquisition and
rehabilitation is the lower of:
(1) $200,000; or
(2) The total cost of the acquisition,
rehabilitation, or acquisition and rehabilitation
minus the applicant's contribution toward the
cost.
(c) Increased amounts. In areas
determined by HUD to have high acquisition and
rehabilitation costs, grants of more than
$200,000, but not more than $400,000, may be
available.
§ 583.110 Grants for new construction.
(a) Use. HUD will grant funds to recipients
to pay a portion of the cost of new construction,
Including cost - effective energy measures and
the cost of land associated with that
construction, for use in the provision of
supportive housing. If the grant funds are used
for new construction, the applicant must
demonstrate that the costs associated with new
construction are substantially less than the costs
associated with rehabilitation or that there is a
lack of available appropriate units that could be
rehabilitated at a cost less than new
construction. For purposes of
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§ 583.115
this cost comparison, costs associated with
rehabilitation or new construction may include
the cost of real property acquisition.
(b) Amount. The maximum grant available
for new construction is the lower of:
(1) $400,000; or
(2) The total cost of the new construction,
including the cost of land associated with that
construction, minus the applicant's contribution
toward the cost of same.
§ 583.115 Grants for leasing.
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part) for the
actual costs of leasing a structure or structures,
or portions thereof, used to provide supportive
housing or supportive services for up to five
years.
(b)(1) Leasing structures. Where grants
are used to pay rent for all or part of structures,
the rent paid must be reasonable in relation to
rents being charged in the area for comparable
space. In addition, the rent paid may not
exceed rents currently being charged by the
same owner for comparable space.
(2) Leasing individual units. Where grants
are used to pay rent for individual housing
units, the rent paid must be reasonable in
relation to rents being charged for comparable
units, taking into account the location, size,
type, quality, amenities, facilities, and
management services. In addition, the rents
may not exceed rents currently being charged
by the same owner for comparable unassisted
units, and the portion of rents paid with grant
funds may not exceed HUD - determined fair
market rents. Recipients may use grant funds in
an amount up to one month's rent to pay the
non - recipient landlord for any damages to
leased units by homeless participants.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, J* 19,
1994]
§ 583.120 Grants for supportive services
costs.
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part) for the
actual costs of supportive services for homeless
persons for up to five years. All or part of the
supportive services may be provided directly by
the recipient or by arrangement with public or
private service providers.
.r
24 CFR Ch. V (4 -1 -09 Edition)
(b) Supportive services costs. Costs
associated with providing supportive services
include salaries paid to providers of supportive
services and any other costs directly associated
with providing such services. For a transitional
housing project, supportive services costs also
include the costs of services provided to former
residents of transitional housing to assist their
adjustment to independent living. Such services
may be provided for up to six months after they
leave the transitional housing facility.
[58 FR 13871, Mar. 15, 1993, as amerce at 59 FR 36891, J* 19,
1994]
§ 583.125 Grants for operating costs.
(a) General. HUD will provide grants to pay
a portion (as described in § 583.130) of the
actual operating costs of supportive housing for
up to five years.
(b) Operating costs. Operating costs are
those associated with the day -to -day operation
of the supportive housing. They also include the
actual expenses that a recipient incurs for
conducting on -going assessments of the
supportive services needed by residents and the
availability of such services; relocation
assistance under § 583.310, including payments
and services; and insurance.
(c) Recipient match requirement for
operating costs. Assistance for operating costs
will be available for up to 75 percent of the total
cost in each year of the grant term. The
recipient must pay the percentage of the actual
operating costs not funded by HUD. At the end
of each operating year, the recipient must
demonstrate that it has met its match
requirement of the costs for that year.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept 30,
1996, 65 FR 30823, May 12,
2000]
§ 583.130 Commitment of grant amounts
for leasing, supportive services, and
operating costs.
Upon execution of a grant agreement
covering assistance for leasing, supportive
services, or operating costs, HUD will obligate
amounts for a period not to exceed five
operating years. The
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Ofe. of Asst. Sect'., Comm. Planning, Develop., HUD § 583.150
total amount obligated will be equal to an HUD may advertise and competitively select
amount necessary for the specified years of providers to deliver technical assistance. HUD
operation, less the recipient's share of operating may enter into contracts, grants, or cooperative
costs. agreements, when necessary, to implement the
(Awuved by ft omoe or Management and &Kkjot under oMS technical assistance.
control number 2506-0112)
[59 FR 36891, July 19, 1994] [59 FR 36892, July 19, 19941
§ 583.135 Administrative costs. § 583.145 Matching requirements.
(a) General. Up to five percent of any grant
awarded under this part may be used for the
purpose of paying costs of administering the
assistance.
(b) Administrative costs. Administrative
costs include the costs associated with
accounting for the use of grant funds, preparing
reports for submission to HUD, obtaining
program audits, similar costs related to
administering the grant after the award, and
staff salaries associated with these
administrative costs. They do not include the
costs of carrying out eligible activities under §§
583.105 through 583.125.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept 30,
1996]
§ 583.140 Technical assistance.
(a) General. HUD may set aside funds
annually to provide technical assistance, either
directly by HUD staff or indirectly through
third -party providers, for any supportive housing
project This technical assistance is for the
purpose of promoting the development of
supportive housing and supportive services as
part of a continuum of care approach, including
Innovative approaches to assist homeless
persons in the transition from homelessness,
and promoting the provision of supportive
housing to homeless persons to enable them to
live as independently as possible.
(b) Uses of technical assistance. HUD may
use these funds to provide technical assistance
to prospective applicants, applicants, recipients,
or other providers of supportive housing or
services for homeless persons, for supportive
housing projects. The assistance may include,
but is not limited to, written information such as
papers, monographs, manuals, guides, and
brochures; person -to- person exchanges; and
training and related costs.
(c) Selection of providers. From time to
time, as HUD determines the need,
(a) General. The recipient must match the
funds provided by HUD for grants for
acquisition, rehabilitation, and new construction
with an equal amount of funds from other
sources.
(b) Cash resources. The matching funds
must be cash resources provided to the project
by one or more of the following: the recipient,
the Federal government, State and local
governments, and private resources, in
accordance with 42 U.S.C. 11386. This statute
provides that a recipient may use funds from
any source, including any other Federal source
(but excluding the specific statutory subtitle
from which Supportive Housing Program funds
are provided), as well as State, local, and
private sources, provided that funds from the
other source are not stabAndy prohibited to be
used as a match. It is the responsibility of the
recipient to ensure that any funds used to
satisfy the matching requirements of this
section are eligible under the laws governing
the funds to be used as matching funds for a
grant awarded under this program.
(c) Maintenance of effort State or local
govemment funds used in the matching
contribution are subject to the maintenance of
effort requirements described at § 583.150(a).
[58 FR 13871, Mar. 15, 1993, as amended at 73
FR 75326, Dec 11, 20081
§ 583.150 Limitations on use of
assistance.
(a) Maintenance of effort. No assistance
provided under this part (or any State or local
govemment funds used to supplement this
assistance) may be used to replace State or
local funds previously used, or designated for
use, to assist homeless persons.
(b) Faith -based activities. (1) Organizations
that are religious or faith-based are eligible, on
the same basis as any other organization, to
participate in
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§ 583.155
the Supportive Housing Program. Neither the
Federal government nor a State or local
government receiving funds under Supportive
Housing programs shall discriminate against an
organization on the basis of the organization's
religious character or affiliation.
(2) Organizations that are directly funded
under the Supportive Housing Program may not
engage in inherently religious activities, such as
worship, religious instruction, or proselytization
as part of the programs or services funded
under this part. If an organization conducts
such activities, the activities must be offered
separately, in time or location, from the
programs or services funded under this part,
and participation must be voluntary for the
beneficiaries of the HUD - funded programs or
services.
(3) A religious organization that
participates in the Supportive Housing Program
will retain its independence from Federal, State,
and local governments, and may continue to
carry out its mission, including the definition,
practice, and expression of its religious beliefs,
provided that it does not use direct Supportive
Housing Program funds to support any
inherently religious activities, such as worship,
religious instruction, or proselytization. Among
other things, faith -based organizations may use
space in their facilities to provide Supportive
Housing Program - funded services, without
removing religious art, icons, scriptures, or
other religious symbols. In addition, a
Supportive Housing Program - funded religious
organization retains its authority over its internal
governance, and it may retain religious terms in
its organization's name, select its board
members on a religious basis, and include
religious references in its organization's mission
statements and other governing documents.
(4) An organization that participates in the
Supportive Housing Program shall not, in
providing program assistance, discriminate
against a program beneficiary or prospective
program beneficiary on the basis of religion or
religious belief.
(5) Program funds may not be used for the
acquisition, construction, or rehabilitation of
structures to the extent that those structures
are used for inherently religious activities.
Program funds may be used for the acquisition,
160
24 CFR Ch. V (4 -1 -09 Edition)
construction, or rehabilitation of structures only
to the extent that those structures are used for
conducting eligible activities under this part.
Where a structure is used for both eligible and
inherently religious activities, program funds
may not exceed the cost of those portions of
the acquisition, construction, or rehabilitation
that are attributable to eligible activities in
accordance with the cost accounting
requirements applicable to Supportive Housing
Program funds in this part. Sanctuaries,
chapels, or other rooms that a Supportive
Housing Program - funded religious
congregation uses as its principal place of
worship, however, are ineligible for
Supportive Housing Program - funded
improvements. Disposition of real property
after the term of the grant, or any
change in use of the property during the term of
the grant, is subject to government -wide
regulations governing real property disposition
(see 24 CFR parts 84 and 85).
(6) If a State or local government voluntarily
contributes its own funds to supplement
federally funded activities, the State or local
government has the option to segregate the
Federal funds or commingle them. However, if
the funds are commingled, this section applies
to all of the commingled funds.
(c) Participant control of site. Where an
applicant does not propose to have control of a
site or sites but rather proposes to assist a
homeless family or individual in obtaining a
lease, which may include assistance with rent
payments and receiving supportive services,
after which time the family or individual remains
in the same housing without further assistance
under this part, that applicant may not request
assistance for acquisition, rehabilitation, or new
construction.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,
1993; 68 FR 56407, Sept 30, 20031
§ 583.155 Consolidated plan.
(a) Applicants that are States or units of
general local government. The applicant must
have a HUD - approved complebe or abbreviated
consolidated plan, in accordance with 24 CFR
part 91, and
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16f1 6,
Oft. of Asst Secy., Comm. Planning, Develop., HUD § 583.230
must submit a certification that the application
for funding is consistent with the HUD - approved
consolidated plan. Funded applicants must
certify in a grant agreement that they are
following the HUD - approved consolidated plan.
(b) Applicants that are not States or units
of general local government. The applicant must
submit a certification by the jurisdiction in which
the proposed project will be located that the
applicant's application for funding is consistent
with the jurisdiction's HUD - approved
consolidated plan. The certification must be
made by the unit of general local government or
the State, in accordance with the consistency
certification provisions of the consolidated plan
regulations, 24 CFR part 91, subpart F.
(c) Indian tribes and the Insular Areas of
Guam, the U.S. Virgin Islands, American Samoa,
and the Northern Mariana Islands. These
entities are not required to have a consolidated
plan or to make consolidated plan certifications.
An application by an Indian tribe or other
applicant for a project that will be located on a
reservation of an Indian tribe will not require a
certification by the tribe or the State. However,
where an Indian tribe is the applicant for a
project that will not be located on a reservation,
the requirement for a certification under
paragraph (b) of this section will apply.
(d) Timing of consolidated plan certification
submissions. Unless otherwise set forth in the
NOFA, the required certification that the
application for funding is consistent with the
HUD - approved consolidated plan must be
submitted by the funding application submission
deadline announced in the NOFA.
[60 FR 16380, Mar. 30, 1995]
Subpart C- Application and Grant
Award Process
§ 583.200 Application and grant award.
When funds are made available for assistance,
HUD will publish a notice of funding availability
(NOFA) in the FEDERAL REGISTER, in
accordance with the requirements of 24 CFR
part 4. HUD will review and screen applications
in accordance with the requirements in
section 426 of the McKinney Act (42 U.S.C.
11386) and the guidelines, rating criteria, and
procedures published in the NOFA.
[61 FR 51176, Sept. 30, 19961
§ 583.230 Environmental review.
(a) Activities under this part are subject to HUD
environmental regulations in part 58 of this title,
except that HUD will perform an environmental
review in accordance with part 50 of this title
prior to its approval of any conditionally selected
applications for Fiscal Year 2000 and prior years
that were received directly from private
nonprofit entities and governmental entities with
special or limited purpose powers. For activities
under a grant that generally would be subject to
review under part 58, HUD may make a finding
in accordance with § 58.11(d) and may itself
perform the environmental review under the
provisions of part 50 of this title if the recipient
objects in writing to the responsible entity's
performing the review under part 58.
Irrespective of whether the responsible entity in
accord with part 58 (or HUD in accord with part
50) performs the environmental review, the
recipient shall supply all available, relevant
information necessary for the responsible entity
(or HUD, if applicable) to perform for each
property any environmental review required by
this part. The recipient also shall carry out
mitigating measures required by the responsible
entity (or HUD, if applicable) or select alternate
eligible property. HUD may eliminate from
consideration any application that would require
an Environmental Impact Statement (EIS).
(b) The recipient, its project partners and
their contractors may not acquire, rehabilitate,
convert, tease, repair, dispose of, demolish or
construct property for a project under this part,
or commit or expend HUD or local funds for
such eligible activities under this part, until the
responsible entity (as defined in § 58.2 of this
title) has completed the environmental review
procedures required by part 58 and the
environmental certification and RROF have been
approved or HUD has performed an
environmental review under part 50 and the
recipient has received HUD approval of the
property. HUD will not
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§ 583.235
release grant funds if the recipient or any other
party commits grant funds (i.e., incurs any costs
or expenditures to be paid or reimbursed with
such funds) before the recipient submits and
HUD approves its RROF (where such submission
is required).
[68 FR 56131, Sept 29, 2003]
§ 583.235 Renewal grants.
(a) General. Grants made under this part,
and grants made under subtitles C and D (the
Supportive Housing Demonstration and SAFAH,
respectively) of the Stewart B. McKinney
Homeless Assistance Act as in effect before
October 28, 1992, may be renewed on a
noncompetitive basis to continue ongoing
leasing, operations, and supportive services for
additional years beyond the initial funding
period. To be considered for renewal funding for
leasing, operating costs, or supportive services,
recipients must submit a request for such
funding in the form specified by HUD, must
meet the requirements of this part, and must
submit requests within the time period
established by HUD.
(b) Assistance available. The first renewal
will be for a period of time not to exceed the
difference between the end of the initial funding
period and ten years from the date of initial
occupancy or the date of Initial service
provision, as applicable. Any subsequent
renewal will be for a period of time not to
exceed five years. Assistance during each year
of the renewal period, subject to maintenance
of effort requirements under § 583.150(a) may
be for:
(1) Up to 50 percent of the actual
operating and leasing costs in the final year of
the initial funding period;
(2) Up to the amount of HUD assistance for
supportive services in the final year of the initial
funding period; and
(3) An allowance for cost increases.
(c) HUD review. (1) HUD will review the
request for renewal and will evaluate the
recipient's performance in previous years
against the plans and goals established in the
initial application for assistance, as amended.
HUD will approve the request for renewal unless
the recipient proposes to serve a population
that is not homeless, or the recipient has not
shown adequate progress as evidenced by an
unacceptably slow expenditure of funds, or the
16D 61
24 CFR Ch. V (4 -1 -09 Edition)
recipient has been unsuccessful in assisting
participants in achieving and maintaining
independent living. In determining the
recipient's success in assisting participants to
achieve and maintain independent living,
consideration will be given to the level and type
of problems of participants. For recipients with a
poor record of success, HUD will also consider
the recipient's willingness to accept technical
assistance and to make changes suggested by
technical assistance providers. Other factors
which will affect HUD's decision to approve a
renewal request include the following: a
continuing history of inadequate financial
management accounting practices, indications
of mismanagement on the part of the recipient,
a drastic reduction in the population served by
the recipient, program changes made by the
recipient without prior HUD approval, and loss
of project site.
(2) HUD reserves the right to reject a
request from any organization with an
outstanding obligation to HUD that is in arrears
or for which a payment schedule has not been
agreed to, or whose response to an audit
finding is overdue or unsatisfactory.
(3) HUD will notify the recipient in writing
that the request has been approved or
disapproved.
(Approved by the office or Manage w t end Budge[ under oonbd
number 2506-0112)
Subpart D- Program Requirements
§ 583.300 General operation.
(a) State and local requirements. Each
recipient of assistance under this part must
provide housing or services that are in
compliance with all applicable State and local
housing codes, licensing requirements, and any
other requirements in the jurisdiction in which
the project is located regarding the condition of
the structure and the operation of the housing
or services.
(b) Habitability standards. Except for such
variations as are proposed by the recipient and
approved by HUD, supportive housing must
meet the following requirements:
(1) Structure and materials. The structures
must be structurally sound so as not to pose
any threat to the health
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Ofc. of Asst Secy., Comm. Planning, Develop., HUD
and safety of the occupants and so as to protect
the residents from the elements.
(2) Access. The housing must be accessible
and capable of being utilized without
unauthorized use of other private properties.
Structures must provide alternate means of
egress in case of fire.
(3) Space and security. Each resident must
be afforded adequate space and security for
themselves and their belongings. Each resident
must be provided an acceptable place to sleep.
(4) Interior air quality. Every room or space
must be provided with natural or mechanical
ventilation. Structures must be free of pollutants
in the air at levels that threaten the health of
residents.
(5) Water supply. The water supply must
be free from contamination.
(6) Sanitary facilities. Residents must have
access to sufficient sanitary facilities that are in
proper operating condition, may be used in
privacy, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The housing
must have adequate heating and/or cooling
facilities in proper operating condition.
(8) Illumination and electricity. The
housing must have adequate natural or artificial
illumination to permit normal indoor activities
and to support the health and safety of
residents. Sufficient electrical sources must be
provided to permit use of essential electrical
appliances while assuring safety from fire.
(9) Food preparation and refuse disposal.
All food preparation areas must contain suitable
space and equipment to store, prepare, and
serve food in a sanitary manner.
(10) Sanitary condition. The housing and
any equipment must be maintained in sanitary
condition.
(11) Fire safety. (1) Each unit must include
at least one battery- operated or hard -wired
smoke detector, in proper working condition, on
each occupied level of the unit. Smoke detectors
must be located, to the extent practicable, in a
hallway adjacent to a bedroom. If the unit is
occupied by hearing - impaired persons, smoke
detectors must have an alarm system designed
160 bl
§ 583.300
for hearing - impaired persons in each bedroom
occupied by a hearing - impaired person.
(ii) The public areas of all housing must be
equipped with a sufficient number, but not less
than one for each area, of battery- operated or
hard -wired smoke detectors. Public areas
include, but are not limited to, laundry rooms,
community rooms, day care centers, hallways,
stairwells, and other common areas.
(c) Meals. Each recipient of assistance
under this part who provides supportive housing
for homeless persons with disabilities must
provide meals or meal preparation facilities for
residents.
(d) Ongoing assessment of supportive
services. Each recipient of assistance under this
part must conduct an ongoing assessment of
the supportive services required by the
residents of the project and the availability of
such services, and make adjustments as
appropriate.
(e) Residential supervision. Each recipient
of assistance under this part must provide
residential supervision as necessary to facilitate
the adequate provision of supportive services to
the residents of the housing throughout the
term of the commitment to operate supportive
housing. Residential supervision may include the
employment of a full- or part-time residential
supervisor with sufficient knowledge to provide
or to supervise the provision of supportive
services to the residents.
(f) Participation of homeless persons. (1)
Each recipient must provide for the participation
of homeless persons as required in section
426(g) of the McKinney Act (42 U.S.C.
11386(g)). This requirement is waived if an
applicant is unable to meet it and presents a
plan for HUD approval to otherwise consult with
homeless or formerly homeless persons in
considering and making policies and decisions.
See also § 583.330(e).
(2) Each recipient of assistance under this
part must, to the maximum extent practicable,
involve homeless individuals and families,
through employment, volunteer services, or
otherwise, in constructing, rehabilitating,
maintaining, and operating the project and
www.hud.gov esp=Lhud.gov Page 14
§ 583.305
in providing supportive services for the project.
(g) Records and reports. Each recipient of
assistance under this part must keep any
records and make any reports (including those
pertaining to race, ethnicity, gender, and
disability status data) that HUD may require
within the timeframe required.
(h) Confidentiality. Each recipient that
provides family violence prevention or treatment
services must develop and implement
procedures to ensure:
(1) The confidentiality of records pertaining
to any individual services; and
(2) That the address or location of any
project assisted will not be made public, except
with written authorization of the person or
persons responsible for the operation of the
project.
(i) Termination of housing assistance. The
recipient may terminate assistance to a
participant who violates program requirements.
Recipients should terminate assistance only in
the most severe cases. Recipients may resume
assistance to a participant whose assistance was
previously terminated. In terminating assistance
to a participant, the recipient must provide a
formal process that recognizes the rights of
individuals receiving assistance to due process
of law. This process, at a minimum, must
consist of:
(1) Written notice to the participant
containing a dear statement of the reasons for
termination;
(2) A review of the decision, in which the
participant is given the opportunity to present
written or oral objections before a person other
than the person (or a subordinate of that
person) who made or approved the termination
decision; and
(3) Prompt written notice of the final
decision to the participant.
(j) Limitation of stay in transitional
housing. A homeless individual or family may
remain in transitional housing for a period
longer than 24 months, if permanent housing
for the individual or family has not been located
or if the individual or family requires additional
time to prepare for independent living.
However, HUD may discontinue assistance for a
transitional housing project if more than half of
the homeless
• �J
24 CFR Ch. V (4 -1 -09 Edition)
individuals or families remain in that project
longer than 24 months.
(k) Outpatient health services. Outpatient
health services provided by the recipient must
be approved as appropriate by HUD and the
Department of Health and Human Services
(HHS). Upon receipt of an application that
proposes the provision of outpatient health
services, HUD will consult with HHS with respect
to the appropriateness of the proposed services.
(1) Annual assurances. Recipients who
receive assistance only for leasing, operating
costs or supportive services costs must provide
an annual assurance for each year such
assistance is received that the project will be
operated for the purpose specified in the
application.
(Maw by the oflloe of Management and Budget under contra
number 2506-0112)
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,
1994; 61 FR 51176, Sept 30, 1996]
§ 583.305 Term of commitment;
repayment of grants; prevention of undue
benefits.
(a) Term of commitment and conversion.
Recipients must agree to operate the housing or
provide supportive services in accordance with
this part and with sections 423 (b)(1) and (b)(3)
of the McKinney Act (42 U.S.C. 11383(b)(1),
11383(b)(3)).
(b) Repayment of grant and prevention of
undue benefits. In accordance with section
423(c) of the McKinney Act (42 U.S.C.
11383(c)), HUD will require recipients to repay
the grant unless HUD has authorized
conversion of the project under section
423(b)(3) of the McKinney Act (42 U.S.C.
11383(b)(3)).
[61 FR 51176, Sept 30, 19961
§ 583.310 Displacement, relocation, and
acquisition.
(a) Minimizing displacement. Consistent
with the other goals and objectives of this part,
recipients must assure that they have taken all
reasonable steps to minimize the displacement
of persons (families, individuals, businesses,
nonprofit organizations, and farms) as a result
of supportive housing assisted under this part.
wwwhud.eov esmnol hud.eov Page 15
�9
Oft of Asst Secy., Comm. Planning, Develop., HUD
(b) Relocation assistance for displaced
persons. A displaced person (defined in
paragraph (f) of this section) must be provided
relocation assistance at the levels described in,
and in accordance with, the requirements of the
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C.
4601 -4655) and implementing regulations at 49
CFR part 24.
(c) Real property acquisition requirements.
The acquisition of real property for supportive
housing is subject to the URA and the
requirements described in 49 CFR part 24,
subpart B.
(d) Responsibility of recipient. (1) The
recipient must certify (i.e., provide assurance of
compliance) that it will comply with the URA,
the regulations at 49 CFR part 24, and the
requirements of this section, and must ensure
such compliance notwithstanding any third
party's contractual obligation to the recipient to
comply with these provisions.
(2) The cost of required relocation
assistance is an eligible project cost in the same
manner and to the same extent as other project
costs. Such costs also may be paid for with local
public funds or funds available from other
sources.
(3) The recipient must maintain records in
sufficient detail to demonstrate compliance with
provisions of this section.
(e) Appeals. A person who disagrees with
the recipient's determination concerning
whether the person qualifies as a "displaced
person," or the amount of relocation assistance
for which the person is eligible, may file a
written appeal of that determination with the
recipient. A low- income person who is
dissatisfied with the recipient's determination on
his or her appeal may submit a written request
for review of that determination to the HUD
field office.
(f) Definition of displaced person. (1) For
purposes of this section, the term "displaced
person" means a person (family, individual,
business, nonprofit organization, or farm) that
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolition for supportive housing projects
assisted under this
160
§ 583.310
part. The term "displaced person" includes,
but may not be limited to:
(i) A person that moves permanently from
the real property after the property owner (or
person in control of the site) issues a vacate
notice, or refuses to renew an expiring lease in
order to evade the responsibility to provide
relocation assistance, if the move occurs on or
after the date the recipient submits to HUD the
application or application amendment
designating the project site.
(ii) Any person, including a person who
moves before the date described In paragraph
(f)(1)(1) of this section, if the recipient or HUD
determines that the displacement resulted
directly from acquisition, rehabilitation, or
demolition for the assisted project.
(iii) A tenant - occupant of a dwelling unit
who moves permanently from the
building /complex on or after the date of the
"initiation of negotiations" (see paragraph (g) of
this section) if the move occurs before the
tenant has been provided written notice offering
him or her the opportunity to lease and occupy
a suitable, decent, safe and sanitary dwelling in
the same building / complex, under reasonable
terms and conditions, upon completion of the
project. Such reasonable terms and conditions
must include a monthly rent and estimated
average monthly utility costs that do not exceed
the greater of:
(A) The tenant's monthly rent before the
initiation of negotiations and estimated average
utility costs, or
(B) 30 percent of gross household income. If
the initial rent is at or near the maximum, there
must be a reasonable basis for concluding at
the time the project is initiated that future rent
increases will be modest.
(iv) A tenant of a dwelling who is required to
relocate temporarily, but does not return to the
building /complex, if either:
(A) A tenant is not offered payment for all
reasonable out -of- pocket expenses incurred in
connection with the temporary relocation, or
(B) Other conditions of the temporary
relocation are not reasonable.
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�61
§583.315
(v) A tenant of a dwelling who moves from
the building /complex permanently after he or
she has been required to move to another unit
in the same building /complex, if either:
(A) The tenant is not offered
reimbursement for all reasonable out -of pocket
expenses incurred in connection with the move;
or
(B) Other conditions of the move are not
reasonable.
(2) Notwithstanding the provisions of
paragraph (f)(1) of this section, a person does
not qualify as a "displaced person" (and is not
eligible for relocation assistance under the URA
or this section), if:
(i) The person has been evicted for serious
or repeated violation of the terms and
conditions of the lease or occupancy agreement,
violation of applicable Federal, State, or local or
tribal law, or other good cause, and HUD
determines that the eviction was not undertaken
for the purpose of evading the obligation to
provide relocation assistance;
(ii) The person moved into the property
after the submission of the application and,
before signing a lease and commencing
occupancy, was provided written notice of the
project, its possible impact on the person (e.g.,
the person may be displaced, temporarily
relocated, or suffer a rent increase) and the fact
that the person would not qualify as a
"displaced person" (or for any assistance
provided under this section), if the project is
approved;
(iii) The person is ineligible under 49 CFR
24.2(g)(2); or
(iv) HUD determines that the person was
not displaced as a direct result of acquisition,
rehabilitation, or demolition for the project.
(3) The recipient may request, at any time,
HUD's determination of whether a displacement
is or would be covered under this section.
(g) Definition of initiation of negotiations.
For purposes of determining the formula for
computing the replacement housing assistance
to be provided to a residential tenant displaced
as a direct result of privately undertaken
rehabilitation, demolition, or acquisition of the
real property, the term "initiation of
negotiations" means the execution of the
agreement between the recipient and HUD.
160 6
24 CFR Ch. V (4 -1-09 Edrdon)
(h) Definition of project. For purposes of
this section, the term "project" means an
undertaking paid for in whole or in part with
assistance under this part. Two or more
activities that are integrally related, each
essential to the others, are considered a single
project, whether or not all component activities
receive assistance under this part.
[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,
1994]
§ 583.315 Resident rent.
(a) Calculation of resident rent. Each
resident of supportive housing may be required
to pay as rent an amount determined by the
recipient which may not exceed the highest of:
(1) 30 percent of the family's monthly
adjusted income (adjustment factors include the
number of people in the family, age of family
members, medical expenses and child care
expenses). The calculation of the family's
monthly adjusted income must include the
expense deductions provided in 24 CFR
5.611(a), and for persons with disabilities, the
calculation of the family's monthly adjusted
income also must include the disallowance of
earned income as provided In 24 CFR 5.617, if
applicable;
(2) 10 percent of the family's monthly
gross income; or
(3) If the family is receiving payments for
welfare assistance from a public agency and a
part of the payments, adjusted in accordance
with the family's actual housing costs, is
specifically designated by the agency to meet
the family's housing costs, the portion of the
payment that is designated for housing costs.
(b) Use of rent. Resident rent may be used
in the operation of the project or may be
reserved, in whole or in part, to assist residents
of transitional housing in moving to permanent
housing.
(c) Fees. In addition to resident rent,
recipients may charge residents reasonable fees
for services not paid with grant funds.
[58 FR 13871, Mar. 15, 1993, as amended at 59
FR 36892, my 19, 1994, 66 FR 6225, Jan. 19,
2001]
csoan_ol.hul.eov
Page 17
Oft of Asst. Sect'., Comm. Manning, Develop., HUD
§ 583.320 Site control.
(a) Site control. (1) Where grant funds will
be used for acquisition, rehabilitation, or new
construction to provide supportive housing or
supportive services, or where grant funds will be
used for-operating costs of supportive housing,
or where grant funds will be used to provide
supportive services except where an applicant
will provide services at sites not operated by
the applicant, an applicant must demonstrate
site control before HUD will execute a grant
agreement (e.g., through a deed, lease,
executed contract of sale). If such site control is
not demonstrated within one year after initial
notification of the award of assistance under
this part, the grant will be deobligated as
provided in paragraph (c) of this section.
(2) Where grant funds will be used to lease
all or part of a structure to provide supportive
housing or supportive services, or where grant
funds will be used to lease individual housing
units for homeless persons who will eventually
control the units, site control need not be
demonstrated.
(b) Site change. (1) A recipient may obtain
ownership or control of a suitable site different
from the one specified in its application.
Retention of an assistance award is subject to
the new site's meeting all requirements under
this part for suitable sites.
(2) If the acquisition, rehabilitation,
acquisition and rehabilitation, or new
construction costs for the substitute site are
greater than the amount of the grant awarded
for the site specified in the application, the
recipient must provide for all additional costs. If
the recipient is unable to demonstrate to HUD
that it is able to provide for the difference in
costs, HUD may deobligate the award of
assistance.
(c) Failure to obtain site control within one
year. HUD will recapture or deobligate any
award for assistance under this part if the
recipient is not in control of a suitable site
before the expiration of one year after initial
notification of an award.
§ 583.325 Nondiscrimination and equal
opportunity requirements.
(a) General. Notwithstanding the permissibility
of proposals that serve designated populations
160 6
§ 583.325
of disabled homeless persons, recipients serving
a designated population of disabled homeless
persons are required, within the designated
population, to comply with these requirements
for nondiscrimination on the basis of race, color,
religion, sex, national origin, age, familial status,
and disability.
(b) Nondiscrimination and equal
opportunity requirements. The
nondiscrimination and equal opportunity
requirements set forth at part 5 of this title
apply to this program. The Indian Civil Rights
Act (25 U.S.C. 1301 et seq.) applies to tribes
when they exercise their powers of self -
government, and to Indian housing authorities
(IHAs) when established by the exercise of such
powers. When an IHA Is established under State
law, the applicability of the Indian Civil Rights
Act will be determined on a case -by -case basis.
Projects subject to the Indian Civil Rights Act
must be developed and operated in compliance
with its provisions and all implementing HUD
requirements, instead of title VI and the Fair
Housing Act and their implementing regulations.
(c) Procedures. (1) If the procedures that
the recipient intends to use to make known the
availability of the supportive housing are
unlikely to reach persons of any particular race,
color, religion, sex, age, national origin, familial
status, or handicap who may qualify for
admission to the housing, the recipient must
establish additional procedures that will ensure
that such persons can obtain information
concerning availability of the housing.
(2) The recipient must adopt procedures to
make available information on the existence and
locations of facilities and services that are
accessible to persons with a handicap and
maintain evidence of implementation of the
procedures.
(d) Accessibility requirements. The
recipient must comply with the new construction
accessibility requirements of the Fair Housing
Act and section 504 of the Rehabilitation Act of
1973, and the reasonable accommodation and
rehabilitation accessibility requirements of
section 504 as follows:
(1) All new construction must meet the
accessibility requirements of 24
www.hud.eov MwLhud.eov Page 18
§ 583.330
CFR 8.22 and, as applicable, 24 CFR 100.205.
(2) Projects in which costs of rehabilitation
are 75 percent or more of the replacement cost
of the building must meet the requirements of
24 CFR 8.23(a). Other rehabilitation must meet
the requirements of 24 CFR 8.23(b).
[58 FR 13871, Mar. 15, 1993, as amended at 59
FR 33894, June 30, 1994, 61 FR 5210, Feb. 9, 1996, 61 FR 51176,
Sept. 3o.1996]
§ 583.330 Applicability of other Federal
requiremenrts.
In addition to the requirements set forth in
24 CFR part 5, use of assistance provided under
this part must comply with the following Federal
requirements:
(a) Flood insurance. (1) The Flood Disaster
Protection Act of 1973 (42 U.S.C. 4001 -4128)
prohibits the approval of applications for
assistance for acquisition or construction
(including rehabilitation) for supportive housing
located in an area identified by the Federal
Emergency Management Agency (FEMA) as
having special flood hazards, unless:
(i) The community in which the area is
situated is participating in the National Flood
Insurance Program (see 44 CFR parts 59
through 79), or less than a year has passed
since FEMA notification regarding such hazards;
and
(ii) Flood insurance is obtained as a
condition of approval of the application.
(2) Applicants with supportive housing
located in an area identified by FEMA as having
special flood hazards and receiving assistance
for acquisition or construction (including
rehabilitation) are responsible for assuring that
flood insurance under the National Flood
Insurance Program is obtained and maintained.
(b) The Coastal Barrier Resources Act of
1982 (16 U.S.C. 3501 et seq.) may apply to
proposals under this part, depending on the
assistance requested.
(c) Applicability of OMB Circulars. The
policies, guidelines, and requirements of OMB
Circular No. A -87 (Cost Principles Applicable to
Grants, Contracts and Other Agreements with
State and Local Governments) and 24 CFR part
85 apply to the award, acceptance, and use of
assistance under the program by governmental
entities, and OMB circular Nos. A -110 (Grants
160 6
24 CFR Ch. V (4-1 -09 Edition)
and Cooperative Agreements with Institutions of
Higher Education, Hospitals, and Other
Nonprofit Organizations) and A -122 (Cost
Principles Applicable to Grants, Contracts and
Other Agreements with Nonprofit Institutions)
apply to the acceptance and use of assistance
by private nonprofit organizations, except where
inconsistent with the provisions of the McKinney
Act, other Federal statutes, or this part.
(Copies of OMB Circulars may be obtained from
E.O.P. Publications, room 2200, New Executive
Office Building, Washington, DC 20503,
telephone (202) 395 -7332. (This is not a toll -free
number.) There is a limit of two free copies.
(d) Lead -based paint. The Lead -Based
Paint Poisoning Prevention Act (42 U.S.C.
4821 - 4846), the Residential Lead - Based Paint
Hazard Reduction Act of 1992 (42 U.S.C.
4851 - 4856), and implementing regulations at
part 35, subparts A, B, 3, K, and R of this title
apply to activities under this program.
(e) Conflicts of interest. (1) In addition to
the conflict of interest requirements in 24 CFR
part 85, no person who is an employee, agent,
consultant, officer, or elected or appointed
official of the recipient and who exercises or has
exercised any functions or responsibilities with
respect to assisted activities, or who is in a
position to participate in a decisionmaking
process or gain Inside information with regard
to such activities, may obtain a personal or
financial interest or benefit from the activity, or
have an interest in any contract, subcontract, or
agreement with respect thereto, or the proceeds
there under, either for himself or herself or for
those with whom he or she has family or
business ties, during his or her tenure or for one
year thereafter. Participation by homeless
individuals who also are participants under the
program in policy or decisionmaking under §
583.300(f) does not constitute a conflict of
interest.
(2) Upon the written request of the
recipient, HUD may grant an exception to the
provisions of paragraph (e)(1) of this section on
a case -by -case basis when it determines that
the exception will serve to further the purposes
of the program and the effective and efficient
administration of the recipient's
www.hud.szoy es[am9l.hud.eov Page 19
Ofc. of Asst. Sect'., Comm. Planning, Develop., HUD
project. An exception may be considered only
after the recipient has provided the following:
(i) For States and other governmental
entities, a disclosure of the nature of the
conflict, accompanied by an assurance that
there has been public disclosure of the conflict
and a description of how the public disclosure
was made; and
(ii) For all recipients, an opinion of the
recipient's attorney that the interest for which
the exception is sought would not violate State
or local law.
(3) In determining whether to grant a
requested exception after the recipient has
satisfactorily met the requirement of paragraph
(e)(2) of this section, HUD will consider the
cumulative effect of the following factors, where
applicable:
(i) Whether the exception would provide a
significant cost benefit or an essential degree of
expertise to the project which would otherwise
not be available;
(ii) Whether the person affected is a
member of a group or class of eligible persons
and the exception will permit such person to
receive generally the same interests or benefits
as are being made available or provided to the
group or class;
(iii) Whether the affected person has
withdrawn from his or her functions or
responsibilities, or the decisionmaking process
with respect to the specific assisted activity in
question;
(iv) Whether the interest or benefit was
present before the affected person was in a
position as described in paragraph (e)(1) of this
section;
(v) Whether undue hardship will result
either to the recipient or the person affected
when weighed against the public interest served
by avoiding the prohibited conflict; and
(vi) Any other relevant considerations.
(f) Audit. The financial management
systems used by recipients under this program
must provide for audits in accordance with 24
CFR part 44 or part 45, as applicable. HUD may
perform or require additional audits as it finds
necessary or appropriate.
160
§ 583.405
(g) Davis -Bacon Act. The provisions of the
Davis-Bacon Act do not apply to this program.
[58 FR 13871, Mar. 15, 1993, as amended at 61
FR 5211, Feb. 9, 1996, 64 FR 50226, Sept 15,
1999]
Subpart E- Administration
§ 583.400 Grant agreement.
(a) General. The duty to provide supportive
housing or supportive services in accordance
with the requirements of this part will be
incorporated in a grant agreement executed by
HUD and the recipient.
(b) Enforcement. HUD will enforce the
obligations in the grant agreement through such
action as may be appropriate, including
repayment of funds that have already been
disbursed to the recipient.
§ 583.405 Program changes.
(a) HUD approval. (1) A recipient may not
make any significant changes to an approved
program without prior HUD approval. Significant
changes include, but are not limited to, a
change in the recipient, a change in the project
site, additions or deletions in the types of
activities listed in § 583.100 of this part
approved for the program or a shift of more
than 10 percent of funds from one approved
type of activity to another, and a change in the
category of participants to be served.
Depending on the nature of the change, HUD
may require a new certification of consistency
with the consolidated plan (see § 583.155).
(2) Approval for changes is contingent
upon the application ranking remaining high
enough after the approved change to have been
competitively selected for funding in the year
the application was selected.
(b) Documentation of other changes. Any
changes to an approved program that do not
require prior HUD approval must be fully
documented in the recipient's records.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept 30,
1996]
www.hud.gov QV=I.hud.eov Page 20
§ 583.410
§ 583.410 Obligation and deobligadon of
funds.
(a) Obligation of funds. When HUD and the
applicant execute a grant agreement, funds are
obligated to cover the amount of the approved
assistance under subpart B of this part. The
recipient will be expected to carry out the
supportive housing or supportive services
activities as proposed in the application.
(b) Increases. After the initial obligation of
funds, HUD will not make revisions to increase
the amount obligated.
(c) Deobligation. (1) HUD may deobligate
all or parts of grants for acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction:
(i) If the actual total cost of acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction is less than the total cost
anticipated In the application; or
(ii) If proposed activities for which funding
was approved are not begun within three
months or residents do not begin to occupy the
facility within nine months after grant execution.
(2) HUD may deobligate the amounts for
annual leasing costs, operating costs or
supportive services in any year:
(1) If the actual leasing costs, operating
costs or supportive services for that year are
less than the total cost anticipated in the
application; or
(ii) If the proposed supportive housing
operations are not begun within three months
after the units are available for occupancy.
(3) The grant agreement may set forth in
detail other circumstances under which funds
may be deobligated, and other sanctions may
be imposed.
(4) HUD may:
(i) Readvertise the availability of funds that
have been deobligated under this section in a
notice of fund availability under § 583.200, or
(ii) Award deobligated funds to applications
previously submitted in response to the most
recently published notice of fund availability,
and in accordance with subpart C of this part.
160 6"
24 CFR Ch. V (4 -1 -09 Edition)
www.hud.gov esww1.hixl.eov Page 21
The 2011 Amendments to the Codified
SHP Regulation
PART 583- SUPPORTIVE HOUSING
PROGRAM
6. The authority citation for 24 CFR part
583 continues to read as follows:
Authority: 42 U.S.C. 3535(d) and 11389.
7. In § 583.5, the definitions of "Disability"
and "Homeless person" are removed and the
definitions of "Disability," "Developmental
disability," and "Homeless" are added to read as
follows:
S 583.5 Definitions.
Developmental disability means, as defined
in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002):
(1) A severe, chronic disability of an individual
that -
(i) Is attributable to a mental or physical
impairment or combination of mental and
physical impairments;
(ii) Is manifested before the individual
attains age 22;
(iii) Is likely to continue indefinitely;
(iv) Results in substantial functional
limitations in three or more of the following
areas of major life activity:
(A) Self -care;
(B) Receptive and expressive language;
(C) Learning;
(D)Mobility;
(E) Self- direction;
(F) Capacity for independent living;
(G) Economic self- sufficiency; and
(v) Reflects the individual's need for a
combination and sequence of special,
interdisciplinary, or generic services,
Individualized supports, or other forms of
assistance that are of lifelong or extended
duration and are individually planned and
coordinated.
16D 6
Billing Code 4210 -67
(2) An individual from birth to age 9, inclusive,
who has a substantial developmental delay or
specific congenital or acquired condition, may
be considered to have a developmental
disability without meeting three or more of the
criteria described in paragraphs (1)(i) through
(v) of the definition of "developmental disability"
in this section if the individual, without services
and supports, has a high probability of meeting
those criteria later in life.
Disability means:
(1) A condition that:
(1) Is expected to be long- continuing or of
indefinite duration;
(ii) Substantially impedes the individual's
ability to live independently;
(iii) Could be improved by the provision of
more suitable housing conditions; and
(iv) Is a physical, mental, or emotional
impairment, including an impairment caused by
alcohol or drug abuse, post- traumatic stress
disorder, or brain injury;
(2) A developmental disability, as defined in
this section; or
(3) The disease of acquired immunodeficiency
syndrome (AIDS) or any conditions arising from
the etiologic agent for acquired
immunodeficiency syndrome, including infection
with the human immunodeficiency virus (HIV).
Homeless means:
(1) An individual or family who lacks a fixed,
regular, and adequate nighttime residence,
meaning:
(i)An individual or family with a primary
nighttime residence that is a public or private
place not designed for or ordinarily used as a
regular sleeping accommodation for human
beings, including a car, park, abandoned
building, bus or train station, airport, or
camping ground;
(ii) An individual or family living in a
supervised publicly or privately operated shelter
designated to provide temporary living
arrangements (including congregate shelters,
www.hud.s;ov espawl.hud.eov Paste 22
transitional housing, and hotels and motels
paid for by charitable organizations or by
federal, state, or local government programs for
low- income individuals); or
(iii) An individual who is exiting an
institution where he or she resided for 90 days
or less and who resided in an emergency
shelter or place not meant for human habitation
immediately before entering that institution;
(2) An individual or family who will imminently
lose their primary nighttime residence, provided
that:
(1) The primary nighttime residence will be
lost within 14 days of the date of application for
homeless assistance;
(ii) No subsequent residence has been
identified; and
(iii) The individual or family lacks the
resources or support networks, e.g., family,
friends, faith -based or other social networks,
needed to obtain other permanent housing;
(3) Unaccompanied youth under 25 years of
age, or families with children and youth, who do
not otherwise qualify as homeless under this
definition, but who:
(i) Are defined as homeless under section
387 of the Runaway and Homeless Youth Act
(42 U.S.C. 5732a), section 637 of the Head
Start Act (42 U.S.C. 9832), section 41403 of the
Violence Against Women Act of 1994 (42 U.S.C.
14043e -2), section 330(h) of the Public Health
Service Act (42 U.S.C. 254b(h)), section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012),
section 17(b) of the Child Nutrition Act of 1966
(42 U.S.C. 1786(b)), or section 725 of the
McKinney -Vento Homeless Assistance Act (42
U.S.C. 11434a);
(ii) Have not had a lease, ownership
interest, or occupancy agreement in permanent
housing at any time during the 60 days
immediately preceding the date of application
for homeless assistance;
(iii) Have experienced persistent instability
as measured by two moves or more during the
60 -day period Immediately preceding the date
of applying for homeless assistance; and
(iv) Can be expected to continue in such
status for an extended period of time because
of chronic disabilities, chronic physical health or
mental health conditions, substance addiction,
histories of domestic violence or childhood
abuse (including neglect), the presence of a
child or youth with a disability, or two or more
barriers to employment, which include the lack
160. 6
of a high school degree or General Education
Development (GED), illiteracy, low English
proficiency, a history of incarceration or
detention for criminal activity, and a history of
unstable employment; or
(4) Any individual or family who:
(i) Is fleeing, or is attempting to flee,
domestic violence, dating violence, sexual
assault, stalking, or other dangerous or life -
threatening conditions that relate to violence
against the individual or a family member,
including a child, that has either taken place
within the individual's or family's primary
nighttime residence or has made the individual
or family afraid to return to their primary
nighttime residence;
(ii)Has no other residence; and
(iii) Lacks the resources or support
networks, e.g., family, friends, and faith -based
or other social networks, to obtain other
permanent housing.
S. A new § 583.301 is added to read as
follows:
6 583.301 Recordkeenina.
€g [Reserved.]
s The recipient must
maintain and follow written intake procedures
to ensure compliance with the homeless
definition in § 583.5. The procedures must
require documentation at intake of the evidence
relied upon to establish and verify homeless
status. The procedures must establish the
order of priority for obtaining evidence as
third -party documentation first, intake worker
observations second, and certification from the
person seeking assistance third. However, lack
of third -party documentation must not prevent
an individual or family from being immediately
admitted to emergency shelter, receiving street
outreach services, or being immediately
admitted to shelter or receiving services
provided by a victim service provider, as defined
in section 401(32) of the McKinney -Vento
Homeless Assistance Act, as amended by the
HEARTH Act. Records contained in an HMIS or
comparable database used by victim service or
legal service providers are acceptable evidence
of third -party documentation and intake worker
observations if the HMIS retains an auditable
history of all entries, including the person who
www.hud.gov espanol hud.eov Page 23
entered the data, the date of entry, and the
change made; and if the HMIS prevents
overrides or changes of the dates on which
entries are made.
(1) If the individual or family qualifies as
homeless under paragraph (1)(i) or (ii) of the
homeless definition in § 583.5, acceptable
evidence includes a written observation by an
outreach worker of the conditions where the
individual or family was living, a written referral
by another housing or service provider, or a
certification by the individual or head of
household seeking assistance.
(2) If the individual qualifies as homeless
under paragraph (1)(iii) of the homeless
definition in § 583.5, because he or she resided
in an emergency shelter or place not meant for
human habitation and is exiting an institution
where he or she resided for 90 days or less,
acceptable evidence includes the evidence
described in paragraph (b)(1) of this section
and one of the following:
(i) Discharge paperwork or a written or oral
referral from a social worker, case manager, or
other appropriate official of the institution,
stating the beginning and end dates of the time
residing in the institution. All oral statements
must be recorded by the intake worker; or
(ii) Where the evidence in paragraph
(b)(2)(1) of this section is not obtainable, a
written record of the Intake worker's due
diligence in attempting to obtain the evidence
described in paragraph (b)(2)(i) and a
certification by the individual seeking assistance
that states he or she is exiting or has just exited
an institution where he or she resided for 90
days or less.
(3) If the individual or family qualifies as
homeless under paragraph (2) of the homeless
definition in § 583.5, because the individual or
family will imminently lose their housing, the
evidence must include:
(i)(A) A court order resulting from an
eviction action that requires the individual or
family to leave their residence within 14 days
after the date of their application for homeless
assistance; or the equivalent notice under
applicable state law, a Notice to Quit, or a
Notice to Terminate issued under state law;
(B) For individuals and families whose
primary nighttime residence is a hotel or motel
room not paid for by charitable organizations or
federal, state, or local government programs for
low- income individuals, evidence that the
16D 6
individual or family lacks the resources
necessary to reside there for more than 14 days
after the date of application for homeless
assistance; or
(C) An oral statement by the individual or
head of household that the owner or renter of
the housing in which they currently reside will
not allow them to stay for more than 14 days
after the date of application for homeless
assistance. The intake worker must record the
statement and certify that it was found credible.
To be found credible, the oral statement must
either: Be verified by the owner or renter of
the housing in which the individual or family
resides at the time of application for homeless
assistance and documented by a written
certification by the owner or renter or by the
intake worker's recording of the owner or
renter's oral statement; or if the intake worker
is unable to contact the owner or renter, be
documented by a written certification by the
intake worker of his or her due diligence in
attempting to obtain the owner or renters
verification and the written certification by the
individual or head of household seeking
assistance that his or her statement was true
and complete;
(ii) Certification by the individual or head of
household that no subsequent residence has
been identified; and
(iii) Certification or other written
documentation that the individual or family
lacks the resources and support networks
needed to obtain other permanent housing.
(4) If the individual or family qualifies as
homeless under paragraph (3) of the homeless
definition in § 583.5, because the individual or
family does not otherwise qualify as homeless
under the homeless definition but is an
unaccompanied youth under 25 years of age, or
homeless family with one or more children or
youth, and is defined as homeless under
another Federal statute or section 725(2) of the
McKinney -Vento Homeless Assistance Act (42
U.S.C. 11434a(2)), the evidence must include:
(1) For paragraph (3)(i) of the homeless
definition in § 583.5, certification of homeless
status by the local private nonprofit organization
or state or local governmental entity responsible
for administering assistance under the Runaway
and Homeless Youth Act (42 U.S.C. 5701
et sea .), the Head Start Act (42 U.S.C. 9831
www.hud.eov espawl hud gov Page 24
ri)Act ofi1994 of the U Violence 43eainst
section 330 of the Public Health Service A ),
44
U.S.C. 254b), the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et .), section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786), or
subtitle B of title VII of the McKinney -Vento
Horn less Assissttaannce Act (42 U.S.C. 11431 et
.ff, as applicable;
(ii) For paragraph (3xii) of the homeless
definition in § 583.5, referral by a housing or
service provider, written observation by an
outreach worker, or certification by the
homeless individual or head of household
seeking assistance;
(iii) For paragraph (3)(111) of the homeless
definition in § 583.5, certification by the
individual or head of household and any
available supporting documentation that the
individual or family moved two or more times
during the 60-day period Immediately preceding
the date for application of homeless assistance,
including: recorded statements or records
obtained from each owner or renter of housing,
provider of shelter or housing, or social worker,
case worker, or other appropriate official of a
hospital or institution in which the individual or
family resided; or, where these statements or
records are unobtainable, a written record of
the intake worker's due diligence in attempting
to obtain these statements or records. Where a
move was due to the individual or family fleeing
domestic violence, dating violence, sexual
assault, or stalking, then the intake worker may
alternatively obtain a written certification from
the individual or head of household seeking
assistance that they were fleeing that situation
and that they resided at that address; and
(Iv) For paragraph (3)(iv) of the homeless
definition in § 583.5, written diagnosis from a
professional who is licensed by the state to
diagnose and treat that condition (or intake
staff - recorded observation of disability that
within 45 days of the date of application for
assistance is confirmed by a professional who is
licensed by the state to diagnose and treat that
condition); employment records; department of
corrections records; literacy, English proficiency
tests; or other reasonable documentation of the
conditions required under paragraph (3)(iv) of
the homeless definition.
(5) If the individual or family qualifies under
paragraph (4) of the homeless definition in §
583.5, because the individual or family is
fleeing domestic violence, dating violence,
sexual assault, stalking, or other dangerous
or life- threatening conditions related to
violence, then acceptable evidence includes
an oral statement by the individual or head
of household seeking assistance that they
are fleeing that situation, that no
subsequent residence has been identified,
and that they lack the resources or support
networks, e.g., family, friends, faith -based
or other social networks, needed to obtain
other housing. If the individual or family is
receiving shelter or services provided by a
victim service provider, as defined in
section 401(32) of the McKinney -Vento
Homeless Assistance Act, as amended by
the HEARTH Act, the oral statement must
be documented by either a certification by
the individual or head of household; or a
certification by the intake worker.
Otherwise, the oral statement that the
individual or head of household seeking
assistance has not identified a subsequent
residence and lacks the resources or support
networks, e.g., family, friends, faith -based
or other social networks, needed to obtain
housing, must be documented by a
certification by the individual or head of
household that the oral statement is true and
complete, and, where the safety of the
individual or family would not be
jeopardized, the domestic violence, dating
violence, sexual assault, stalking, or other
dangerous or life- threatening condition must
be verified by a written observation by the
intake worker; or a written referral by a
housing or service provider, social worker,
health -care provider, law enforcement
agency, legal assistance provider, pastoral
counselor, or any another organization from
whom the individual or head of household
has sought assistance for domestic violence,
dating violence, sexual assault, or stalking.
The written referral or observation need only
include the minimum amount of information
necessary to document that the individual or
family is fleeing, or attempting to flee
domestic violence, dating violence, sexual
assault, and stalking.
(c) pl - Each recipient of
assistance under this part must maintain and
follow written intake procedures to ensure that
the assistance benefits persons with disabilities,
as defined in § 583.5. In addition to the
documentation required under paragraph (b) of
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160 b
of this section, the procedures must require
documentation at intake of the evidence relied
upon to establish and verify the disability of the
person applying for homeless assistance. The
recipient must keep these records for 5 years
after the end of the grant term. Acceptable
evidence of the disability includes:
(1) Written verification of the disability from a
professional licensed by the state to diagnose
and treat the disability and his or her
certification that the disability is expected to be
long- continuing or of indefinite duration and
substantially impedes the individual's ability to
live independently;
(2) Written verification from the Social
Security Administration;
(3) The receipt of a disability check (e.g.,
Social Security Disability Insurance check or
Veteran Disability Compensation);
(4) Other documentation approved by HUD; or
(5) Intake staff - recorded observation of
disability that, no later than 45 days of the
application for assistance, is confirmed and
accompanied by evidence in paragraph (c)(1),
(2), (3), or (4) of this section.
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