Backup Documents 04/12-13/2011 Item #16D 5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16D 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should bl; hand delivered 10 Ihe Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taki:1l action on the itl:m. l
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures. dates. and/or infbrmation needed. If the document is already complete with the
excention of the Chainnan's sil!nature, draw a line throul!h routine: lines # I through #4, comnlete the chcl:klist. and forward to Ian Mitchell (!joe #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2,
3,
4,
5, Ian Mitchell, Executive Manager Board of County Commissioners ...1/--..... t/'9(11'
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INli'ORMATION
(The primary contact is the holder of the original document pending Bee 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, induding [an Mitchel[, need to contact stalY for additional or missing
information. All original documents nl.'Cding the Bee ehairrnan'~ signature are to he delivered to the Bee office only after the Bee has acted to approve the
item.'
Name of Primary Staff Nick Green, HHVS Phone Number 252-2376
Contact Grants Coordinator
Agenda Date Item was April 12, 20] I Agenda Item Number ]6D5
Aooroved bv the BCC
Type of Document Agreement Number of Original 3
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A(Not
a ro riate. (Initial) A Iicab]e)
I. Original document has been signed/initialed for legal surtlciency, (All documents to be NG
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 Attomey's Office and signature pages from
contracts, agreements, ete, that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Ortlc,als,)
2, All handwritten strike-through and revisions have been initialed by the County Attorney's nla
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3, The Chairman's signature line date has been entered as the date ofBCC approval of the NG
document or the final oe fotiated contract date whichever is a licable,
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's NG
si ature and initials are rc uired.
5, In most cases (some contracts are an exception), the original document and this routing slip nla
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 \\'ithin a certain
time frame or the BCC's actions are nullified. Be aware of 'our deadlines!
6, The doeument was approved by the BCC on 04/t2/11 and all changes made during NG
the meeting have been ineorporated in the attached document, The County Attorney's
Offiee has reviewed the chan es, if a licable.
I: Forms! County Forms! Bee Forms! Original DOClllllt:nts Routillg Slip WWS ()riginal 9.03.04. Revised 1.26.05, Revised 2.24,05
160 5
MEMORANDUM
Date: April 19, 2011
To: Nick Green, Grants Coordinator
Human & Human Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Grant Agreement - Grant #FL0294B4D061003
Project Name: FL-06-REN-HMIS Renewal ($104,645)
Attached is one original as referenced above (Item #16D5) approved by the
Board of County Commissioners on April 12, 2011.
Please forward the fully executed original to the Minutes and Record's
Department where it will be kept as part of the Board's Official Records.
If you have any questions please call me at 252-7240,
Thank you
.__.~...__._.- -_.".~---,,'<-'-'- ._, -'~-~_._--"-"'~"-~-~-'-'--'_.'"--"--------,---
160 5
P` `"'°' U.S.Department of Housing and Urban Development
s' �w Office of Community Planning and Development
ayr 1111111 ,t c 909 SE First Avenue
G tII [i �;- Miami,FL 33131
res.,tv Dc
Grant Number: FL0294B4D061003
Project Name: FL-606-REN-HMIS Renewal
Total Award Amount: $104,645
Component: HMIS
Recipient: Collier County Board of County Commissioners
Official Contact Person and Title:Fred W.Coyle,Chairman,
County Board of Commissioners
Telephone Number: (239)252-8097
Fax Number: (239) 252-6668
E-mail Address: FredCoyle @colliergov.net
EIN/Tax ID Number: 59-6000558
DUNS Number: 076997790
Effective Date: 05/01/2011
Project Location(s): Collier County
2010 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,which was published June 11, 2010,at 75 FR 33323,and the
second part was the Continuum of Care Homeless Assistance Programs section of the NOFA,
which is located at http://www.hud.gov/offices/adm/grants/nofal0/grpcoc.cfm. The term
"Application" means the application submission on the basis of which HUD, including the
certifications and assurances and any information or documentation required to meet any grant
award conditions,on the basis of which HUD approved a grant.The Application is incorporated
herein as part of this Agreement,however, in the event of a conflict between any part of the
Application and any part of the Grant Agreement,the latter shall control. The Secretary agrees,
subject to the terms of the Grant Agreement,to provide the grant funds in the amount specified at
section 2 of Attachment A for the approved project described in the application. The Recipient
agrees,subject to the terms of the Grant Agreement, to use the grant funds for eligible activities
during the term specified at section 3 of Attachment A.
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16fl5
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
(HMIS)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
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161) 5
(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.
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16D 5,
ATTACHMENT A
1. The Recipient is Naples/Collier County CoC.
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.
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1605 ,
ATTACHMENT B
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.1
583.135 Administrative costs.
583.140 Technical assistance.
583.145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 Consolidated plan.
Subpart CLApplication and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart D .Program Requirements
583.300 General operation.
583.305 Term of commitment; repayment of
grants; prevention of undue benefits.
583.310 Displacement, relocation,and acquisition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal opportunity
requirements.
583.330 Applicability of other Federal requirements.
Subpart EiAdministration
583.400 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobligation of funds.
AUTHORITY: 42 U.S.C. 11389 and 3535(d).
PART 583ZSUPPORTIVE HOUSING
PROGRAM SOURCE: 58 FR 13871, Mar. 15, 1993, unless
otherwise noted.
Subpart AcGeneral
Sec.
Subpart AZGeneral
583.1 Purpose and scope. § 583.1 Purpose and scope.
583.5 Definitions.
Subpart BiAssistance Provided (a) General. The Supportive Housing
Program is authorized by title IV of the Stewart
583.100 Types and uses of assistance. B. McKinney Homeless Assistance Act(the
583.105 Grants for acquisition and rehabilitation. McKinney Act) (42 U.S.C. 11381111389). The
583.110 Grants for new construction. Supportive Housing program is designed to
583.115 Grants for leasing. promote the development of supportive housing
583.120 Grants for supportive service costs. and supportive services, including innovative
583.125 Grants for operating costs. approaches to assist homeless persons in the
583.130 Commitment of grant amounts for transition from homelessness, and to promote
leasing,supportive services,and operating
costs.
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160 5
§ 583.5 24 CFR Ch.V(4i1209 Edition)
the provision of supportive housing to homeless Homeless person means an individual or
persons to enable them to live as independently family that is described in section 103 of the
as possible. McKinney Act(42 U.S.C.11302).
(b) Components. Funds under this part Metropolitan city is defined in section
may be used for: 102(a)(4) of the Housing and Community
(1) Transitional housing to facilitate the Development Act of 1974(42 U.S.C.
movement of homeless individuals and families 5302(a)(4)). In general, metropolitan cities are
to permanent housing; those cities that are eligible for an entitlement
(2) Permanent housing that provides grant under 24 CFR part 570, subpart D.
long-term housing for homeless persons with New construction means the building of a
disabilities; structure where none existed or an addition to
(3) Housing that is, or is part of, a an existing structure that increases the floor
particularly innovative project for, or alternative area by more than 100 percent.
methods of, meeting the immediate and Operating costs is defined in section 422(5)
long-term needs of homeless persons; or of the McKinney Act(42 U.S.C.11382(5)).
(4) Supportive services for homeless Outpatient health services is defined in
persons not provided in conjunction with section 422(6) of the McKinney Act(42 U.S.C.
supportive housing. 11382(6)).
[58 FR 13871,Mar.15,1993,as amended at 61 Permanent housing for homeless persons
FR 51175,Sept.30,1996] with disabilities is defined in section 424(c) of
the McKinney Act(42 U.S.C.11384(c)).
§ 583.5 Definitions. Private nonprofit organization is defined in
As used in this part: section 422(7) (A), (B), and (D) of the McKinney
Applicant is defined in section 422(1) of the Act(42 U.S.C. 11382(7) (A), (B), and (D)). The
McKinney Act(42 U.S.C. 11382(1)). For organization must also have a functioning
purposes of this definition, governmental accounting system that is operated in
entities include those that have general accordance with generally accepted accounting
governmental powers (such as a city or county), principles, or designate an entity that will
as well as those that have limited or special maintain a functioning accounting system for
powers(such as public housing agencies). the organization in accordance with generally
Consolidated plan means the plan that a accepted accounting principles.
jurisdiction prepares and submits to HUD in Project is defined in sections 422(8) and
accordance with 24 CFR part 91. 424(d) of the McKinney Act(42U.S.C. 11382(8),
Date of initial occupancy means the date 11384(d)).
that the supportive housing is initially occupied Recipient is defined in section 422(9)of the
by a homeless person for whom HUD provides McKinney Act(42 U.S.C. 11382(9)).
assistance under this part. If the assistance is Rehabilitation means the improvement or
for repair of an existing structure or an addition to
an existing homeless facility, the date of initial an existing structure that does not increase the
occupancy is the date that services are first floor area by more than 100 percent.
provided to the residents of supportive housing Rehabilitation does not include minor or routine
with funding under this part. repairs.
Date of initial service provision means the State is defined in section 422(11) of the
date that supportive services are initially McKinney Act(42 U.S.C. 11382(11)).
provided with funds under this part to homeless Supportive housing is defined in section
persons who do not reside in supportive 424(a) of the McKinney Act(42U.S.C.
housing. This definition 11384(a)).
applies only to projects funded under this part Supportive services is defined in section 425
that do not provide supportive housing. of the McKinney Act(42 U.S.C.11385).
Disability is defined in section 422(2) of the Transitional housing is defined in section
McKinney Act(42 U.S.C. 11382(2)). 424(b) of the McKinney Act(42 U.S.C.
11384(b)). See also § 583.300(j).
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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.110
Tribe is defined in section 102 of the (d) Technical assistance. HUD may offer
Housing and Community Development Act of technical assistance, as described in § 583.140.
1974(42 U.S.C. 5302). [58 FR 13871,Mar.15,1993,as amended at 59
Urban county is defined in section 102(a)(6) FR 36891,July 19,1994]
of the Housing and Community Development § 583.105 Grants for acquisition and
Act of 1974(42 U.S.C.5302(a)(6)). In general, rehabilitation.
urban counties are those counties that are (a) Use. HUD will grant funds to recipients
eligible for an entitlement grant under 24 CFR to:
part 570, subpart D.
[61 FR 51175,Sept.30,1996] (1) Pay a portion of the cost of the
acquisition of real property selected by the
Subpart BZAssistance Provided recipients for use in the provision of supportive
housing or supportive services, including the
§ 583.100 Types and uses of assistance. repayment of any outstanding debt on a loan
(a) Grant assistance. Assistance in the form made to purchase property that has not been
of grants is available for acquisition of used previously as supportive housing or for
structures, rehabilitation of structures, supportive services;
acquisition and rehabilitation of structures, new (2) Pay a portion of the cost of
construction, leasing, operating costs for rehabilitation
supportive housing, and supportive services, as of structures, including cost-effective energy
described in §§ 583.105 through 583.125. measures, selected by the recipients to provide
Applicants may apply for more than one type of supportive housing or supportive services; or
assistance. (3) Pay a portion of the cost of acquisition
(b) Uses of grant assistance. Grant and rehabilitation of structures, as described in
assistance may be used to: paragraphs (a)(1) and (2) of this section.
(1) Establish new supportive housing (b) Amount. The maximum grant available
facilities or new facilities to provide supportive for acquisition, rehabilitation, or acquisition and
services; rehabilitation is the lower of:
(2) Expand existing facilities in order to (1) $200,000; or
increase the number of homeless persons (2) The total cost of the acquisition,
served; rehabilitation, or acquisition and rehabilitation
(3) Bring existing facilities up to a level that minus the applicantts contribution toward the
meets State and local government health and cost.
safety standards; (c) Increased amounts. In areas
(4) Provide additional supportive services determined
for residents of supportive housing or for by HUD to have high acquisition and
homeless persons not residing in supportive rehabilitation costs, grants of more than
housing; $200,000, but not more than $400,000, may be
(5) Purchase HUD-owned single family available.
properties currently leased by the applicant for § 583.110 Grants for new construction.
use as a homeless facility under 24 CFR part (a) Use. HUD will grant funds to recipients
291; and to pay a portion of the cost of new construction,
(6) Continue funding supportive housing including cost-effective energy measures and
where the recipient has received funding under the cost of land associated with that
this part for leasing, supportive services, or construction, for use in the provision of
operating costs. supportive housing. If the grant funds are used
(c) Structures used for multiple purposes. for new construction, the applicant must
Structures used to provide supportive housing demonstrate that the costs associated with new
or supportive services may also be used for construction are substantially
other purposes, except that assistance under less than the costs associated with rehabilitation
this part will be available only in proportion to or that there is a lack of available appropriate
the use of the structure for supportive housing units that could be rehabilitated at a cost less
or supportive services. than new construction. For purposes of
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16Db ,
§ 583.115 24 CFR Ch.V(4211.09 Edition)
this cost comparison, costs associated with (b) Supportive services costs. Costs
rehabilitation or new construction may include associated with providing supportive services
the cost of real property acquisition. include salaries paid to providers of supportive
(b) Amount. The maximum grant available services and any other costs directly associated
for new construction is the lower of: with providing such services. For a transitional
(1) $400,000; or housing project, supportive services costs also
(2) The total cost of the new construction, include the costs of services provided to former
including the cost of land associated with that residents of transitional housing to assist their
construction, minus the applicanti.s contribution adjustment to independent living. Such services
toward the cost of same. may be provided for up to six months after they
leave the transitional housing facility.
§ 583.115 Grants for leasing. [58 FR 13871,Mar.15,1993,as amended at 59 FR 36891,July 19,
1994]
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part)for the § 583.125 Grants for operating costs.
actual costs of leasing a structure or structures,
or portions thereof, used to provide supportive (a) General. HUD will provide grants to pay
housing or supportive services for up to five a portion (as described in § 583.130) of the
years. actual operating costs of supportive housing for
(b)(1) Leasing structures. Where grants up to five years.
are used to pay rent for all or part of structures, (b) Operating costs. Operating costs are
the rent paid must be reasonable in relation to those associated with the day-today operation
rents being charged in the area for comparable of the supportive housing. They also include the
space. In addition, the rent paid may not actual expenses that a recipient incurs for
exceed rents currently being charged by the conducting on-going assessments of the
same owner for comparable space. supportive services needed by residents and the
(2) Leasing individual units. Where grants availability of such services; relocation
are used to pay rent for individual housing assistance under§ 583.310, including payments
units, the rent paid must be reasonable in and services; and insurance.
relation to rents being charged for comparable (c) Recipient match requirement for
units, taking into account the location, size, operating costs. Assistance for operating costs
type, quality, amenities, facilities, and will be available for up to 75 percent of the total
management services. In addition, the rents cost in each year of the grant term. The
may not exceed rents currently being charged recipient must pay the percentage of the actual
by the same owner for comparable unassisted operating
units, and the portion of rents paid with grant costs not funded by HUD. At the end of each
funds may not exceed HUD-determined fair operating year, the recipient must demonstrate
market rents. Recipients may use grant funds in that it has met its match requirement of the
an amount up to one monthc.s rent to pay the costs for that year.
non-recipient landlord for any damages to [58 FR 13871,Mar.15,1993,as amended at 61 FR 51175,Sept.30,
1996;65 FR 30823,May 12,
leased units by homeless participants. 2000]
[58 FR 13871,Mar.15,1993,as amended at 59 FR 36891,July 19,
1994]
§ 583.130 Commitment of grant amounts
§ 583.120 Grants for supportive services for leasing,supportive services,and
costs. operating costs.
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part)for the Upon execution of a grant agreement
actual costs of supportive services for homeless covering assistance for leasing, supportive
persons for up to five years. All or part of the services, or operating costs, HUD will obligate
supportive services may be provided directly by amounts for a period not to exceed five
the recipient or by arrangement with public or operating years. The
private service providers.
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16D S
Oft, of Asst. Secy., Comm. Planning, Develop., HUD § 583.150
total amount obligated will be equal to an HUD may advertise and competitively select
amount necessary for the specified years of providers to deliver technical assistance. HUD
operation, less the recipients share of may enter into contracts, grants, or cooperative
operating costs. agreements, when necessary,to implement the
(Approved by the Office of Management and Budget under OMB technical assistance.
control number 250640112)
[59 FR 36891,July 19,1994] [59 FR 36892,July 19,1994]
§ 583.135 Administrative costs. § 583.145 Matching requirements.
(a) General. Up to five percent of any grant (a) General. The recipient must match the
awarded under this part may be used for the funds provided by HUD for grants for
purpose of paying costs of administering the acquisition, rehabilitation, and new construction
assistance. with an equal amount of funds from other
(b) Administrative costs. Administrative sources.
costs include the costs associated with (b) Cash resources. The matching funds
accounting for the use of grant funds, preparing must be cash resources provided to the project
reports for submission to HUD, obtaining by one or more of the following: the recipient,
program audits, similar costs related to the Federal government, State and local
administering the grant after the award, and governments, and private resources, in
staff salaries associated with these accordance with 42 U.S.C. 11386. This statute
administrative costs. They do not include the provides that a recipient may use funds from
costs of carrying out eligible activities under §§ any source, including any other Federal source
583.105 through 583.125. (but excluding the specific statutory subtitle
[58 FR 13871,Mar.15,1993,as amended at 61 FR 51175,Sept.30, from which Supportive Housing Program funds
1996] are provided), as well as State, local, and
§ 583.140 Technical assistance. private sources, provided that funds from the
(a) General. HUD may set aside funds other source are not statutorily prohibited to be
annually to provide technical assistance, either used as a match. It is the responsibility of the
directly by HUD staff or indirectly through recipient to ensure that any funds used to
third-party providers, for any supportive housing satisfy the matching requirements of this
project. This technical assistance is for the section are eligible under the laws governing
purpose of promoting the development of the funds to be used as matching funds for a
supportive housing and supportive services as grant awarded under this program.
part of a continuum of care approach, including (c) Maintenance of effort. State or local
innovative approaches to assist homeless government funds used in the matching
persons in the transition from homelessness, contribution are subject to the maintenance of
and promoting the provision of supportive effort requirements described at§ 583.150(a).
housing to homeless persons to enable them to [58 FR 13871,Mar.15,1993,as amended at 73
live as independently as possible. FR 75326,Dec.11,2008]
(b) Uses of technical assistance. HUD may § 583.150 Limitations on use of
use these funds to provide technical assistance assistance.
to prospective applicants, applicants, recipients, (a) Maintenance of effort. No assistance
or other providers of supportive housing or provided under this part(or any State or local
services government funds used to supplement this
for homeless persons, for supportive housing assistance) may be used to replace State or
projects. The assistance may include, but is not local funds previously used, or designated for
limited to, written information such as papers, use, to assist homeless persons.
monographs, manuals, guides, and brochures; (b) Faith-based activities. (1) Organizations
person-to-person exchanges; and training and that are religious or faith-based are eligible, on
related costs. the same basis as any other organization,to
(c) Selection of providers. From time to participate in
time, as HUD determines the need,
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16D5
§ 583.155 24 CFR Ch.V(441209 Edition)
the Supportive Housing Program. Neither the used for inherently religious activities. Program
Federal government nor a State or local funds may be used for the acquisition,
government receiving funds under Supportive construction, or rehabilitation of structures only
Housing programs shall discriminate against an to the extent that those structures are used for
organization on the basis of the organization's conducting eligible activities under this part.
religious character or affiliation. Where a structure is used for both eligible and
(2) Organizations that are directly funded inherently religious activities, program funds
under the Supportive Housing Program may not may not exceed the cost of those portions of
engage in inherently religious activities, such as the acquisition, construction, or rehabilitation
worship, religious instruction, or proselytization that are attributable to eligible activities in
as part of the programs or services funded accordance with the cost accounting
under this part. If an organization conducts requirements applicable to Supportive Housing
such activities, the activities must be offered Program funds in this part. Sanctuaries, chapels,
separately, in time or location, from the or other rooms that a Supportive Housing
programs or services funded under this part, Program-funded religious congregation uses as
and participation must be voluntary for the its principal place of worship, however, are
beneficiaries of the HUD-funded programs or ineligible for Supportive Housing
services. Program-funded improvements. Disposition of
(3) A religious organization that real property after the term of the grant, or any
participates in the Supportive Housing Program change in use of the property during the term of
will retain its independence from Federal, State, the grant, is subject to government-wide
and local governments, and may continue to regulations governing real property disposition
carry out its mission, including the definition, (see 24 CFR parts 84 and 85).
practice, and expression of its religious beliefs, (6) If a State or local government voluntarily
provided that it does not use direct Supportive contributes its own funds to supplement
Housing Program funds to support any federally funded activities, the State or local
inherently religious activities, such as worship, government has the option to segregate the
religious instruction, or proselytization. Among Federal funds or commingle them. However, if
other things, faith-based organizations may use the funds are commingled, this section applies
space in their facilities to provide Supportive to all of the commingled funds.
Housing Program-funded services, without (c) Participant control of site. Where an
removing religious art, icons, scriptures, or applicant does not propose to have control of a
other religious symbols. In addition, a site or sites but rather proposes to assist a
Supportive Housing Program-funded religious homeless family or individual in obtaining a
organization retains its authority over its internal lease, which may include assistance with rent
governance, and it may retain religious terms in payments and receiving supportive services,
its organization's name, select its board after which time the family or individual remains
members on a religious basis, and include in the same housing without further assistance
religious references in its organization's mission under this part, that applicant may not request
statements and other governing documents. assistance for acquisition, rehabilitation, or new
(4) An organization that participates in the construction.
Supportive Housing Program shall not, in [58 FR 13871,Mar. 15,1993,as amended at 59 FR 36892,July 19,
providing program assistance, discriminate 1993;68 FR 56407,Sept.30,2003]
against a program beneficiary or prospective § 583.155 Consolidated plan.
program beneficiary on the basis of religion or
religious belief. (a) Applicants that are States or units of
(5) Program funds may not be used for the general local government. The applicant must
acquisition, construction, or rehabilitation of have a HUD-approved complete or abbreviated
structures to the extent that those structures consolidated plan, in accordance with 24 CFR
are part 91, and
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16D3
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.230
must submit a certification that the application section 426 of the McKinney Act(42
for funding is consistent with the HUD-approved U.S.C. 11386) and the guidelines, rating
consolidated plan. Funded applicants must criteria, and procedures published in
certify in a grant agreement that they are the NOFA.
following the HUD-approved consolidated plan.
[61 FR 51176,Sept.30,1996]
(b) Applicants that are not States or units
of general local government. The applicant must § 583.230 Environmental review.
submit a certification by the jurisdiction in which (a)Activities under this part are subject to HUD
the proposed project will be located that the
applicant's application for funding is consistent environmental regulations in part 58 of this title,
with the jurisdiction's HUD-approved except that HUD will perform an environmental
consolidated plan. The certification must be review in accordance with part 50 of this title
made by the unit of general local government or prior to its approval of any conditionally selected
the State, in accordance with the consistency applications for Fiscal Year 2000 and prior years
certification provisions of the consolidated plan that were received directly from private
regulations, 24 CFR part 91, subpart F. nonprofit entities and governmental entities with
(c) Indian tribes and the Insular Areas of special or limited purpose powers. For activities
Guam,the U.S. Virgin Islands,American Samoa, under a grant that generally would be subject to
and the Northern Mariana Islands. These review under part 58, HUD may make a finding
entities are not required to have a consolidated in accordance with § 58.11(d) and may itself
plan or to make consolidated plan certifications. perform the environmental review under the
An application by an Indian tribe or other provisions of part 50 of this title if the recipient
applicant for a project that will be located on a objects in writing to the responsible entity's
reservation of an Indian tribe will not require a performing the review under part 58.
certification by the tribe or the State. However, Irrespective of whether the responsible entity in
where an Indian tribe is the applicant for a accord with part 58 (or HUD in accord with part
project that will not be located on a reservation, 50) performs the environmental review, the
the requirement for a certification under recipient shall supply all available, relevant
paragraph (b) of this section will apply. information necessary for the responsible entity
(d) Timing of consolidated plan certification (or HUD, if applicable) to perform for each
submissions. Unless otherwise set forth in the property any environmental review required by
NOFA, the required certification that the this part. The recipient also shall carry out
application for funding is consistent with the mitigating measures required by the responsible
HUD-approved consolidated plan must be entity(or HUD, if applicable) or select alternate
submitted by the funding application submission eligible property. HUD may eliminate from
deadline announced in the NOFA. consideration any application that would require
an Environmental Impact Statement(EIS).
[60 FR 16380,Mar.30,1995] (b) The recipient, its project partners and
their contractors may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish or
Subpart C.Application and Grant construct property for a project under this part,
Award Process or commit or expend HUD or local funds for
§ 583.200 Application and grant award. such eligible activities under this part, until the
responsible entity(as defined in § 58.2 of this
When funds are made available for assistance, title) has completed the environmental review
HUD will publish a notice of funding availability procedures required by part 58 and the
(NOFA) in the FEDERAL REGISTER, in environmental certification and RROF have been
approved or HUD has performed an
accordance with the requirements of 24 CFR
environmental review under part 50 and the
part 4. HUD will review and screen applications
recipient has received HUD approval of the
in accordance with the requirements in property. HUD will not
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16D
§ 583.235 24 CFR Ch.V(441209 Edition)
release grant funds if the recipient or unacceptably slow expenditure of funds, or the
any other party commits grant funds recipient has been unsuccessful in assisting
(i.e., incurs any costs or expenditures participants in achieving and maintaining
to be paid or reimbursed with such funds) independent living. In determining the
before the recipient submits and HUD approves recipient's success in assisting participants to
its RROF(where such submission is required). achieve and maintain independent living,
[68 FR 56131,Sept.29,2003] consideration will be given to the level and type
of problems of participants. For recipients with a
§ 583.235 Renewal grants. poor record of success, HUD will also consider
(a) General. Grants made under this part, the recipient's willingness to accept technical
and grants made under subtitles C and D (the assistance and to make changes suggested by
Supportive Housing Demonstration and SAFAH, technical assistance providers. Other factors
respectively) of the Stewart B. McKinney which will affect HUD's decision to approve a
Homeless Assistance Act as in effect before renewal request include the following: a
October 28, 1992, may be renewed on a continuing history of inadequate financial
noncompetitive basis to continue ongoing management accounting practices, indications
leasing, operations, and supportive services for of mismanagement on the part of the recipient,
additional years beyond the initial funding a drastic reduction in the population served by
period. To be considered for renewal funding for the recipient, program changes made by the
leasing, operating costs, or supportive services, recipient without prior HUD approval, and loss
recipients must submit a request for such of project site.
funding in the form specified by HUD, must (2) HUD reserves the right to reject a
meet the requirements of this part, and must request from any organization with an
submit requests within the time period outstanding obligation to HUD that is in arrears
established by HUD. or for which a payment schedule has not been
(b) Assistance available. The first renewal agreed to, or whose response to an audit
will be for a period of time not to exceed the finding is overdue or unsatisfactory.
difference between the end of the initial funding (3) HUD will notify the recipient in writing
period and ten years from the date of initial that the request has been approved or
occupancy or the date of initial service disapproved.
provision, as applicable. Any subsequent (Approved by the Office of Management and Budget under control
renewal will be for a period of time not to number 250640112)
exceed five years. Assistance during each year Subpart Di.Program Requirements
of the renewal period, subject to maintenance
of effort requirements under§ 583.150(a) may § 583.300 General operation.
be for: (a) State and local requirements. Each
(1) Up to 50 percent of the actual recipient of assistance under this part must
operating and leasing costs in the final year of provide housing or services that are in
the initial funding period; compliance with all applicable State and local
(2) Up to the amount of HUD assistance for housing codes, licensing requirements, and any
supportive services in the final year of the initial other requirements in the jurisdiction in which
funding period; and the project is located regarding the condition of
(3) An allowance for cost increases. the structure and the operation of the housing
(c) HUD review. (1) HUD will review the or services.
request for renewal and will evaluate the (b) Habitability standards. Except for such
recipient's performance in previous years variations as are proposed by the recipient and
against the plans and goals established in the approved by HUD, supportive housing must
initial application for assistance, as amended. meet the following requirements:
HUD will approve the request for renewal unless (1) Structure and materials. The structures
the recipient proposes to serve a population must be structurally sound so as not to pose
that is not homeless, or the recipient has not any threat to the health
shown adequate progress as evidenced by an
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16 D 5.
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.300
and safety of the occupants and so as to protect for hearing-impaired persons in each bedroom
the residents from the elements. occupied by a hearing-impaired person.
(2) Access. The housing must be accessible (ii) The public areas of all housing must be
and capable of being utilized without equipped with a sufficient number, but not less
unauthorized use of other private properties. than one for each area, of battery-operated or
Structures must provide alternate means of hard-wired smoke detectors. Public areas
egress in case of fire. include, but are not limited to, laundry rooms,
(3) Space and security. Each resident must community rooms, day care centers, hallways,
be afforded adequate space and security for stairwells, and other common areas.
themselves and their belongings. Each resident (c) Meals. Each recipient of assistance
must be provided under this part who provides supportive housing
an acceptable place to sleep. for homeless persons with disabilities must
(4) Interior air quality. Every room or space provide meals or meal preparation facilities for
must be provided with natural or mechanical residents.
ventilation. Structures must be free of pollutants (d) Ongoing assessment of supportive
in the air at levels that threaten the health of services. Each recipient of assistance under this
residents. part must conduct an ongoing assessment of
(5) Water supply. The water supply must the supportive services required by the
be free from contamination. residents of the project and the availability of
(6) Sanitary facilities. Residents must have such services, and make adjustments as
access to sufficient sanitary facilities that are in appropriate.
proper operating condition, may be used in (e) Residential supervision. Each recipient
privacy, and are adequate for personal of assistance under this part must provide
cleanliness and the disposal of human waste. residential supervision as necessary to facilitate
(7) Thermal environment. The housing the adequate provision of supportive services to
must have adequate heating and/or cooling the residents of the housing throughout the
facilities in proper operating condition. term of the commitment to operate supportive
(8) Illumination and electricity.The housing. Residential supervision may include the
housing must have adequate natural or artificial employment of a full-or part-time residential
illumination to permit normal indoor activities supervisor with sufficient knowledge to provide
and to support the health and safety of or to supervise the provision of supportive
residents. Sufficient electrical sources must be services to the residents.
provided to permit use of essential electrical (f) Participation of homeless persons. (1)
appliances while assuring safety from fire. Each recipient must provide for the participation
(9) Food preparation and refuse disposal. of homeless persons as required in section
All food preparation areas must contain suitable 426(g) of the McKinney Act(42 U.S.C.
space and equipment to store, prepare, and 11386(g)). This requirement is waived if an
serve food in a sanitary manner. applicant is unable to meet it and presents a
(10) Sanitary condition. The housing and plan for HUD approval to otherwise consult with
any equipment must be maintained homeless or formerly homeless persons in
in sanitary condition. considering and making policies and decisions.
(11) Fire safety. (i) Each unit must include See also § 583.330(e).
at least one battery-operated or hard-wired (2) Each recipient of assistance under this
smoke detector, in proper working condition, on part must, to the maximum extent practicable,
each occupied level of the unit. Smoke detectors involve homeless individuals and families,
must be located, to the extent practicable, in a through employment, volunteer services, or
hallway adjacent to a bedroom. If the unit is otherwise, in constructing, rehabilitating,
occupied by hearing-impaired persons, smoke maintaining, and operating the project and
detectors must have an alarm system designed
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160 s
§ 583.305 24 CFR Ch.V(4c.1i,09 Edition)
in providing supportive services for the project. individuals or families remain in that project
(g) Records and reports. Each recipient of longer than 24 months.
assistance under this part must keep any (k) Outpatient health services. Outpatient
records and make any reports(including those health services provided by the recipient must
pertaining to race, ethnicity, gender, and be approved as appropriate by HUD and the
disability status data) that HUD may require Department of Health and Human Services
within the timeframe required. (HHS). Upon receipt of an application that
(h) Confidentiality. Each recipient that proposes the provision of outpatient health
provides family violence prevention or treatment services, HUD will consult with HHS with respect
services must develop and implement to the appropriateness of the proposed services.
procedures to ensure: (I) Annual assurances. Recipients who
(1) The confidentiality of records pertaining receive assistance only for leasing, operating
to any individual services; and costs or supportive services costs must provide
(2)That the address or location of any an annual assurance for each year such
project assisted will not be made public, except assistance is received that the project will be
with written authorization of the person or operated for the purpose specified in the
persons responsible for the operation of the application.
project.
(i)Termination of housing assistance. The (Approved by the Office of Management and Budget under control
recipient may terminate assistance to a number 250610112)
[58 FR 13871,Mar.15,1993,as amended at 59 FR 36892,July 19,
participant who violates program requirements. 1994;61 FR 51176,Sept.30,1996]
Recipients should terminate assistance only in
the most severe cases. Recipients may resume § 583.305 Term of commitment;
assistance to a participant whose assistance was repayment
previously terminated. In terminating assistance of grants; prevention of undue benefits.
to a participant, the recipient must provide a (a) Term of commitment and conversion.
formal process that recognizes the rights of Recipients must agree to operate the housing or
individuals receiving assistance to due process provide supportive services in accordance with
of law. This process, at a minimum, must this part and with sections 423 (b)(1) and (b)(3)
consist of: of the McKinney Act(42 U.S.C. 11383(b)(1),
(1) Written notice to the participant 11383(b)(3)).
containing a clear statement of the reasons for (b) Repayment of grant and prevention of
termination; undue benefits. In accordance with section
(2) A review of the decision, in which the 423(c) of the McKinney Act(42 U.S.C.
participant is given the opportunity to present 11383(c)), HUD will require recipients to repay
written or oral objections before a person other the grant unless HUD has authorized conversion
than the person (or a subordinate of that of the project under section 423(b)(3) of the
person) who made or approved the termination McKinney Act(42 U.S.C. 11383(b)(3)).
decision; and [61 FR 51176,Sept.30,1996]
(3) Prompt written notice of the final
decision to the participant. § 583.310 Displacement, relocation,and
(j) Limitation of stay in transitional acquisition.
housing. A homeless individual or family may (a) Minimizing displacement. Consistent
remain in transitional housing for a period
longer than 24 months, if permanent housing with the other goals and objectives of this part,
for the individual or family has not been located recipients must assure that they have taken all
or if the individual or family requires additional reasonable steps to minimize the displacement
time to prepare for independent living. of persons (families, individuals, businesses,
However, HUD may discontinue assistance for a nonprofit organizations, and farms) as a result
transitional housing project if more than half of of supportive housing assisted under this part.
the homeless
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160 5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.310
(b) Relocation assistance for displaced part. The term ''displaced persona includes,
persons. A displaced person (defined in but may not be limited to:
paragraph (f) of this section) must be provided (i)A person that moves permanently from
relocation assistance at the levels described in, the real property after the property owner(or
and in accordance with, the requirements of the person in control of the site) issues a vacate
Uniform Relocation Assistance and Real Property notice, or refuses to renew an expiring lease in
Acquisition Policies Act of 1970 (URA) (42 U.S.C. order to evade the responsibility to provide
460114655) and implementing regulations at 49 relocation assistance, if the move occurs on or
CFR part 24. after the date the recipient submits to HUD the
(c) Real property acquisition requirements. application or application amendment
The acquisition of real property for supportive designating the project site.
housing is subject to the URA and the (ii)Any person, including a person who
requirements described in 49 CFR part 24, moves before the date described in paragraph
subpart B. (f)(1)(i) of this section, if the recipient or HUD
(d) Responsibility of recipient. (1)The recipient determines that the displacement resulted
must certify(i.e., provide assurance of directly from acquisition, rehabilitation, or
compliance)that it will comply with the URA, demolition for the assisted project.
the regulations at 49 CFR part 24, and the (iii)A tenant-occupant of a dwelling unit
requirements of this section, and must ensure who moves permanently from the
such compliance notwithstanding any third building/complex on or after the date of the
partyc.s contractual obligation to the recipient to ''initiation of negotiations& (see paragraph (g)
comply with these provisions. of this section) if the move occurs before the
(2)The cost of required relocation tenant has been provided written notice offering
assistance is an eligible project cost in the same him or her the opportunity to lease and occupy
manner and to the same extent as other project a suitable, decent, safe and sanitary dwelling in
costs. Such costs also may be paid for with local the same building/ complex, under reasonable
public funds or funds available from other terms and conditions, upon completion of the
sources. project. Such reasonable terms and conditions
(3)The recipient must maintain records in must include a monthly rent and estimated
sufficient detail to demonstrate compliance with average monthly utility costs that do not exceed
provisions of this section. the greater of:
(e)Appeals. A person who disagrees with (A)The tenantis monthly rent before the
the recipient&determination concerning nitiation of negotiations and estimated average
whether the person qualifies as a ''displaced utility costs, or income. If the initial rent is at or
person,i.1 or the amount of relocation assistance near the maximum, there must be a reasonable
for which the person is eligible, may file a basis for concluding at the time the project is
written appeal of that determination with the initiated that future rent increases will be
recipient. A low-income person who is modest.
dissatisfied with the recipienti.s determination (iv)A tenant of a dwelling who is required to
on his or her appeal may submit a written relocate temporarily, but does not return to the
request for review of that determination to the building/complex, if either:
HUD field office. (A)A tenant is not offered payment for all
(f) Definition of displaced person. (1) For reasonable out-of-pocket expenses incurred in
purposes of this section, the term ''displaced connection with the temporary relocation, or
persona means a person (family, individual, (B) Other conditions of the temporary
business, nonprofit organization, or farm)that relocation are not reasonable.
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolition for supportive housing projects
assisted under this
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160 5
§ 583.315 24 CFR Ch.V(4i.1209 Edition)
(v) A tenant of a dwelling who moves from of the agreement between the recipient and
the building/complex permanently after he or HUD.
she has been required to move to another unit (h) Definition of project. For purposes of
in the same building/complex, if either: this section, the term ''projectii means an
(A) The tenant is not offered undertaking paid for in whole or in part with
reimbursement for all reasonable out-of pocket assistance under this part. Two or more
expenses incurred in connection with the move; activities that are integrally related, each
or(B) Other conditions of the move are not essential to the others, are considered a single
reasonable. project, whether or not all component activities
(2) Notwithstanding the provisions of receive assistance under this part.
paragraph (f)(1) of this section, a person does [58 FR 13871,Mar.15,1993,as amended at 59 FR 36892,July 19,
not qualify as a "displaced person" (and is not 1994]
eligible for relocation assistance under the URA
or this section), if: § 583.315 Resident rent.
(i) The person has been evicted for serious (a) Calculation of resident rent. Each
or repeated violation of the terms and resident of supportive housing may be required
conditions of the lease or occupancy agreement, to pay as rent an amount determined by the
violation of applicable Federal, State, or local or recipient which may not exceed the highest of:
tribal law, or other good cause, and HUD (1) 30 percent of the family's monthly
determines that the eviction was not undertaken adjusted income(adjustment factors include the
for the purpose of evading the obligation to number of people in the family, age of family
provide relocation assistance; members, medical expenses and child care
(ii) The person moved into the property expenses). The calculation of the family's
after the submission of the application and, monthly adjusted income must include the
before signing a lease and commencing expense deductions provided in 24 CFR
occupancy, was provided written notice of the 5.611(a), and for persons with disabilities, the
project, its possible impact on the person (e.g., calculation of the family's monthly adjusted
the person may be displaced, temporarily income also must include the disallowance of
relocated, or suffer a rent increase) and the fact earned income as provided in 24 CFR 5.617, if
that the person would not qualify as a applicable;
"displaced person" (or for any assistance (2) 10 percent of the family's monthly
provided under this section), if the project is gross income; or
approved; (3) If the family is receiving payments for
(iii) The person is ineligible under 49 CFR welfare assistance from a public agency and a
24.2(g)(2); or part of the payments, adjusted in accordance
(iv) HUD determines that the person was with the family's actual housing costs, is
not displaced as a direct result of acquisition, specifically designated by the agency to meet
rehabilitation, or demolition for the project. the family's housing costs, the portion of the
(3) The recipient may request, at any time, payment that is designated for housing costs.
HUD's determination of whether a displacement (b) Use of rent. Resident rent may be used
is or would be covered under this section. in the operation of the project or may be
(g) Definition of initiation of negotiations. reserved, in whole or in part, to assist residents
For purposes of determining the formula for of transitional housing in moving to permanent
computing the replacement housing assistance housing.
to be provided to a residential tenant displaced (c) Fees. In addition to resident rent,
as a direct result of privately undertaken recipients may charge residents reasonable fees
rehabilitation, demolition, or acquisition of the for services not paid with grant funds.
real property, the term "initiation of [58 FR 13871,Mar.15,1993,as amended at 59
negotiations" means the execution Zoo j892 ,July 19,1994;66 FR 6225,Jan.19,
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16D s
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.325
§ 583.320 Site control. of disabled homeless persons, recipients serving
a designated populations of disabled homeless
(a) Site control. (1) Where grant funds will persons are required, within the designated
be used for acquisition, rehabilitation, or new
construction to provide supportive housing or population, to comply with these requirements
supportive services, or where grant funds will be for nondiscrimination on the basis of race, color,
used for operating costs of supportive housing, religion, sex, national origin, age,familial status,
or where grant funds will be used to provide and disability.
supportive (b) Nondiscrimination and equal
pportive services except where an applicant opportunity requirements. The
will provide services at sites not operated by nondiscrimination and equal opportunity
the applicant, an applicant must demonstrate requirements set forth at part 5 of this title
site control before HUD will execute a grant apply to this program. The Indian Civil Rights
agreement(e.g., through a deed, lease, Act(25 U.S.C. 1301 et seq.) applies to tribes
executed contract of sale). If such site control is when they exercise their powers of
not demonstrated within one year after initial self-government, and to Indian housing
notification of the award of assistance under authorities(IHAs) when established by the
this part, the grant will be deobligated as exercise of such powers. When an IHA is
provided in paragraph (c) of this section. established under State law, the applicability of
(2) Where grant funds will be used to lease the Indian Civil Rights Act will be determined on
all or part of a structure to provide supportive
housing or supportive services, or where grant a case-by-case basis. Projects subject to the
funds will be used to lease individual housing Indian Civil Rights Act must be developed and
units for homeless persons who will eventually operated in compliance with its provisions and
control the units, site control need not be all implementing HUD requirements, instead of
demonstrated. title VI and the Fair Housing Act and their
implementing regulations.
(b) Site change. (1)A recipient may obtain (c) Procedures. (1) If the procedures that
ownership or control of a suitable site different the recipient intends to use to make known the
from the one specified in its application.
Retention of an assistance award is subject to availability of the supportive housing are
the new sites meeting all requirements under unlikely to reach persons of any particular race,
this part for suitable sites. color, religion, sex, age, national origin, familial
(2) If the acquisition, rehabilitation, status, or handicap who may qualify for
acquisition and rehabilitation, or new admission to the housing, the recipient must
construction costs for the substitute site are establish additional procedures that will ensure
greater than the amount of the grant awarded that such persons can obtain information
for the site specified in the application, the concerning availability of the housing.
recipient must provide for all additional costs. If (2) The recipient must adopt procedures to
the recipient is unable to demonstrate to HUD make available information on the existence and
that it is able to provide for the difference in locations of facilities and services that are
costs, HUD may deobligate the award of accessible to persons with a handicap and
assistance. maintain evidence of implementation of the
(c) Failure to obtain site control within one procedures.
year. HUD will recapture or deobligate any (d) Accessibility requirements. The
award for assistance under this part if the recipient must comply with the new construction
recipient is not in control of a suitable site accessibility requirements of the Fair Housing
before the expiration of one year after initial Act and section 504 of the Rehabilitation Act of
notification of an award. 1973, and the reasonable accommodation and
rehabilitation accessibility requirements of
§ 583.325 Nondiscrimination and equal section 504 as follows:
opportunity requirements. (1) All new construction must meet the
(a) General. Notwithstanding the permissibility accessibility requirements of 24
of proposals that serve designated population
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16D
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.405
project. An exception may be considered only (g) Davis-Bacon Act. The provisions of the
after the recipient has provided the following: Davis-Bacon Act do not apply to this program.
(i) For States and other governmental [58 FR 13871,Mar.15,1993,as amended at 61
entities, a disclosure of the nature of the FR 5211,Feb.9,1996;64 FR 50226,Sept.15,
conflict, accompanied by an assurance that 1999]
there has been public disclosure of the conflict Subpart El.Administration
and a description of how the public disclosure
was made; and § 583.400 Grant agreement.
(ii) For all recipients, an opinion of the (a) General. The duty to provide supportive
recipient's attorney that the interest for which housing or supportive services in accordance
the exception is sought would not violate State with the requirements of this part will be
or local law. incorporated in a grant agreement executed by
(3) In determining whether to grant a HUD and the recipient.
requested exception after the recipient has (b) Enforcement. HUD will enforce the
satisfactorily met the requirement of paragraph obligations in the grant agreement through such
(e)(2) of this section, HUD will consider the action as may be appropriate, including
cumulative effect of the following factors, where repayment of funds that have already been
applicable: disbursed to the recipient.
(i) Whether the exception would provide a
significant cost benefit or an essential degree of § 583.405 Program changes.
expertise to the project which would otherwise
not be available; (a) HUD approval. (1)A recipient may not
(ii) Whether the person affected is a make any significant changes to an approved
member of a group or class of eligible persons program without prior HUD approval. Significant
and the exception will permit such person to changes include, but are not limited to, a
receive generally the same interests or benefits change in the recipient, a change in the project
as are being made available or provided to the site, additions or deletions in the types of
group or class; activities listed in § 583.100 of this part
(iii) Whether the affected person has approved for the program or a shift of more
withdrawn from his or her functions or than 10 percent of funds from one approved
responsibilities, or the decisionmaking process type of activity to another, and a change in the
with respect to the specific assisted activity in category of participants to be served.
question; Depending on the nature of the change, HUD
(iv) Whether the interest or benefit was may require a new certification of consistency
present before the affected person was in a with the consolidated plan (see § 583.155).
position as described in paragraph (e)(1) of this (2) Approval for changes is contingent
section; upon the application ranking remaining high
(v) Whether undue hardship will result enough after the approved change to have been
either to the recipient or the person affected competitively selected for funding in the year
when weighed against the public interest served the application was selected.
by avoiding the prohibited conflict; and (b) Documentation of other changes. Any
(vi) Any other relevant considerations. changes to an approved program that do not
(f) Audit. The financial management require prior HUD approval must be fully
systems used by recipients under this program documented in the recipienti.s records.
must provide for audits in accordance with 24
CFR part 44 or part 45, as applicable. HUD may [58 FR 13871,Mar.15,1993,as amended at 61 FR 51176,Sept.30,
1996]
perform or require additional audits as it finds
necessary or appropriate.
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160 5
§ 583.410 24 CFR Ch.V(4€11.09 Edition)
§ 583.410 Obligation and deobligation of
funds.
(a) Obligation of funds. When HUD and the
applicant execute a grant agreement, funds are
obligated to cover the amount of the approved
assistance under subpart B of this part. The
recipient will be expected to carry out the
supportive housing or supportive services
activities as proposed in the application.
(b) Increases. After the initial obligation of
funds, HUD will not make revisions to increase
the amount obligated.
(c) Deobligation. (1) HUD may deobligate
all or parts of grants for acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction:
(i) If the actual total cost of acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction is less than the total cost
anticipated in the application; or
(ii) If proposed activities for which funding
was approved are not begun within three
months or residents do not begin to occupy the
facility within nine months after grant execution.
(2) HUD may deobligate the amounts for
annual leasing costs, operating costs or
supportive services in any year:
(i) If the actual leasing costs, operating
costs or supportive services for that year are
less than the total cost anticipated in the
application; or
(ii) If the proposed supportive housing
operations are not begun within three months
after the units are available for occupancy.
(3) The grant agreement may set forth in
detail other circumstances under which funds
may be deobligated, and other sanctions may
be imposed.
(4) HUD may:
(i) Readvertise the availability of funds that
have been deobligated under this section in a
notice of fund availability under § 583.200, or
(ii) Award deobligated funds to applications
previously submitted in response to the most
recently published notice of fund availability,
and in accordance with subpart C of this part.
www.hud.gov espanol.hud.gov Page 21
D
o U.S.Department of Housing and Urban Development
* iff lb *' Office of Community Planning and Development
'';z+A din f VQ�� 909 SE First Avenue
�w Miami,FL 33131
Grant Number.FLA295B4D061003
Project Name:FL-606-REN-Shelter Transitional Housing Renewal
Total Award Amount:$113,000
Component:TH
Recipient:Collier County Board of County Commissioners
Official Contact Person and Title:Fred W.Coyle,Chairman,County Board of Commissioners
Telephone Number: (239)252-8097
Fax Number:(239)774-3602
E-mail Address:fredcoyle @colliergov.net
EIN/Tax ID Number:59-6000558
DUNS Number:076997790
Effective Date:07/01/2011
Project Location(s): Collier County
2010 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,which was published June 11,2010,at 75 FR 33323,and the
second part was the Continuum of Care Homeless Assistance Programs section of the NOFA,
which is located at http://www.hud.gov/offices/adm/grants/nofal0/grpcoc.cfm. The term
"Application"means the application submission on the basis of which HUD, including the
certifications and assurances and any information or documentation required to meet any grant
award conditions,on the basis of which HUD approved a grant.The Application is incorporated
herein as part of this Agreement,however,in the event of a conflict between any part of the
Application and any part of the Grant Agreement,the latter shall control.The Secretary agrees,
subject to the terms of the Grant Agreement,to provide the grant funds in the amount specified at
section 2 of Attachment A for the approved project described in the application.The Recipient
agrees,subject to the terms of the Grant Agreement,to use the grant funds for eligible activities
during the term specified at section 3 of Attachment A.
wwwhud.eov esp3noltexigov Page 1
160 ±s..51
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
(HMIS)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.hud.gov espanol.hud.gov Page 2
1605
(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.
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1605
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
Signature and Date
qb01_ , Ts CC(' I \L_
Print name of signatory
(17 ; 4,, zve--
Title
RECIPIENT
CO Mei Cou Board o F (-0.4/ (owcoer
g
Name of Or ani�ation
By: L
Pl
Authorized Signature and Date
Frec (A). Coyle
Print name of signatory
Cl►aaway\
Title
Approved ae to form & tegai Sufficiency
ATTEs ;• t ,,f
1,01-17-*E BReQ Cle
/ itt 4.1(i As tart County Attorney
Pc.
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160 ±c
ATTACHMENT A
1. The Recipient is Collier County Board of County Commissioners.
2. HUD's total fund obligation for this project is $113,000,which shall be allocated as follows:
a. Leasing $0
b. Supportive services $92,900
c. Operating costs $20,100
d. HMIS $0
e. Administration $0
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 fmal 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.
i
i
www.hud.gov espanol.hud.gov Page 5
•,
160 5
ATTACHMENT B
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.1
583.135 Administrative costs.
583.140 Technical assistance.
583.145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 Consolidated plan.
Subpart CZApplication and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart DZProgram Requirements
583.300 General operation.
583.305 Term of commitment; repayment of
grants; prevention of undue benefits.
583.310 Displacement, relocation,and acquisition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal opportunity
requirements.
583.330 Applicability of other Federal requirements.
Subpart EZAdministration
583.400 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobligation of funds.
PART 583ZSUPPORTIVE HOUSING AUTHORITY: 42 U.S.C. 11389 and 3535(d).
PROGRAM SOURCE: 58 FR 13871, Mar. 15, 1993, unless
otherwise noted.
Subpart AZGeneral
Sec. Subpart AZGeneral
583.1 Purpose and scope. § 583.1 Purpose and scope.
583.5 Definitions.
Subpart BZAssistance Provided (a) General. The Supportive Housing
Program is authorized by title IV of the Stewart
583.100 Types and uses of assistance. B. McKinney Homeless Assistance Act(the
583.105 Grants for acquisition and rehabilitation. McKinney Act) (42 U.S.C. 11381411389). The
583.110 Grants for new construction. Supportive Housing program is designed to
583.115 Grants for leasing. promote the development of supportive housing
583.120 Grants for supportive service costs. and supportive services, including innovative
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for approaches to assist homeless persons in the
leasing,supportive services,and operating transition from homelessness, and to promote
costs.
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1
160 5
§ 583.5 24 CFR Ch. V(4Z1Z09 Edition)
the provision of supportive housing to homeless Homeless person means an individual or
persons to enable them to live as independently family that is described in section 103 of the
as possible. McKinney Act(42 U.S.C.11302).
(b) Components. Funds under this part Metropolitan city is defined in section
may be used for: 102(a)(4) of the Housing and Community
(1) Transitional housing to facilitate the Development Act of 1974(42 U.S.C.
movement of homeless individuals and families 5302(a)(4)). In general, metropolitan cities are
to permanent housing; those cities that are eligible for an entitlement
(2) Permanent housing that provides grant under 24 CFR part 570, subpart D.
long-term housing for homeless persons with New construction means the building of a
disabilities; structure where none existed or an addition to
(3) Housing that is, or is part of, a an existing structure that increases the floor
particularly innovative project for, or alternative area by more than 100 percent.
methods of, meeting the immediate and Operating costs is defined in section 422(5)
long-term needs of homeless persons; or of the McKinney Act(42 U.S.C.11382(5)).
(4) Supportive services for homeless Outpatient health services is defined in
persons not provided in conjunction with section 422(6) of the McKinney Act(42 U.S.C.
supportive housing. 11382(6)).
[58 FR 13871,Mar.15,1993,as amended at 61 Permanent housing for homeless persons
FR 51175,Sept.30,1996] with disabilities is defined in section 424(c) of
§ 583.5 Definitions. the McKinney Act(42 U.S.C.11384(c)).
Private nonprofit organization is defined in
As used in this part: section 422(7) (A), (B), and (D) of the McKinney
Applicant is defined in section 422(1) of the Act(42 U.S.C. 11382(7) (A), (B), and (D)). The
McKinney Act(42 U.S.C. 11382(1)). For organization must also have a functioning
purposes of this definition, governmental accounting system that is operated in
entities include those that have general accordance with generally accepted accounting
governmental powers(such as a city or county), principles, or designate an entity that will
as well as those that have limited or special maintain a functioning accounting system for
powers (such as public housing agencies), the organization in accordance with generally
Consolidated plan means the plan that a accepted accounting principles.
jurisdiction prepares and submits to HUD in Project is defined in sections 422(8) and
accordance with 24 CFR part 91. 424(d) of the McKinney Act(42U.S.C. 11382(8),
Date of initial occupancy means the date 11384(d)).
that the supportive housing is initially occupied Recipient is defined in section 422(9)of the
by a homeless person for whom HUD provides McKinney Act(42 U.S.C. 11382(9)).
assistance under this part. If the assistance is Rehabilitation means the improvement or
for repair of an existing structure or an addition to
an existing homeless facility, the date of initial an existing structure that does not increase the
occupancy is the date that services are first floor area by more than 100 percent.
provided to the residents of supportive housing Rehabilitation does not include minor or routine
with funding under this part. repairs.
Date of initial service provision means the State is defined in section 422(11)of the
date that supportive services are initially McKinney Act(42 U.S.C. 11382(11)).
provided with funds under this part to homeless Supportive housing is defined in section
persons who do not reside in supportive 424(a) of the McKinney Act(42U.S.C.
housing. This definition 11384(a)).
applies only to projects funded under this part Supportive services is defined in section 425
that do not provide supportive housing. of the McKinney Act(42 U.S.C.11385).
Disability is defined in section 422(2)of the Transitional housing is defined in section
McKinney Act(42 U.S.C. 11382(2)). 424(b) of the McKinney Act(42 U.S.C.
11384(b)). See also § 583.300(j).
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Page 7
160 _5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.110
Tribe is defined in section 102 of the (d) Technical assistance. HUD may offer
Housing and Community Development Act of technical assistance, as described in § 583.140.
1974 (42 U.S.C. 5302). [58 FR 13871,Mar.15,1993,as amended at 59
Urban county is defined in section 102(a)(6) FR 36891,July 19,1994]
of the Housing and Community Development
Act of 1974(42 U.S.C.5302(a)(6)). In general, § 583.105 for acquisition and
urban counties are those counties that are rehabilittatioatio n.
eligible for an entitlement grant under 24 CFR (a) Use. HUD will grant funds to recipients
part 570, subpart D. to:
[61 FR 51175,Sept.30,1996] (1) Pay a portion of the cost of the
acquisition of real property selected by the
Subpart B.Assistance Provided recipients for use in the provision of supportive
583.100 housing or supportive services, including the
§ Types and uses of assistance. repayment of any outstanding debt on a loan
(a) Grant assistance. Assistance in the form made to purchase property that has not been
of grants is available for acquisition of used previously as supportive housing or for
structures, rehabilitation of structures, supportive services;
acquisition and rehabilitation of structures, new (2) Pay a portion of the cost of
construction, leasing, operating costs for rehabilitation
supportive housing,and supportive services, as of structures, including cost-effective energy
described in §§ 583.105 through 583.125. measures, selected by the recipients to provide
Applicants may apply for more than one type of supportive housing or supportive services; or
assistance. (3) Pay a portion of the cost of acquisition
(b) Uses of grant assistance. Grant and rehabilitation of structures, as described in
assistance may be used to: paragraphs(a)(1)and (2) of this section.
(1) Establish new supportive housing (b) Amount. The maximum grant available
facilities or new facilities to provide supportive for acquisition, rehabilitation, or acquisition and
services; rehabilitation is the lower of:
(2) Expand existing facilities in order to (1) $200,000; or
increase the number of homeless persons (2) The total cost of the acquisition,
served; rehabilitation, or acquisition and rehabilitation
(3) Bring existing facilities up to a level that minus the applicants contribution toward the
meets State and local government health and cost.
safety standards; (c) Increased amounts. In areas
(4) Provide additional supportive services determined
for residents of supportive housing or for by HUD to have high acquisition and
homeless persons not residing in supportive rehabilitation costs, grants of more than
housing; $200,000, but not more than $400,000, may be
(5) Purchase HUD-owned single family available.
properties currently leased by the applicant for § 583.110 Grants for new construction.
use as a homeless facility under 24 CFR part a
291• and ( ) Use. HUD will grant funds to recipients
' to pay a portion of the cost of new construction,
(6) Continue funding supportive housing including cost-effective energy measures and
where the recipient has received funding under the cost of land associated with that
this part for leasing, supportive services, or construction, for use in the provision of
operating costs. supportive housing. If the grant funds are used
(c) Structures used for multiple purposes. for new construction, the applicant must
Structures used to provide supportive housing demonstrate that the costs associated with new
or supportive services may also be used for construction are substantially
other purposes, except that assistance under less than the costs associated with rehabilitation
this part will be available only in proportion to or that there is a lack of available appropriate
the use of the structure for supportive housing pp p
9 units that could be rehabilitated at a cost less
or supportive services. than new construction. For purposes of
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16115
§ 583.115 24 CFR Ch. V(41,1209 Edition)
this cost comparison, costs associated with (b) Supportive services costs. Costs
rehabilitation or new construction may include associated with providing supportive services
the cost of real property acquisition. include salaries paid to providers of supportive
(b) Amount. The maximum grant available services and any other costs directly associated
for new construction is the lower of: with providing such services. For a transitional
(1) $400,000; or housing project, supportive services costs also
(2) The total cost of the new construction, include the costs of services provided to former
including the cost of land associated with that residents of transitional housing to assist their
construction, minus the applicants contribution adjustment to independent living. Such services
toward the cost of same. may be provided for up to six months after they
leave the transitional housing facility.
§ 583.115 Grants for leasing. [58 FR 13871,Mar.15,1993,as amended at 59 FR 36891,July 19,
(a) General. HUD will provide grants to pay 1994]
(as described in § 583.130 of this part)for the
actual costs of leasing a structure or structures, § 583.125 Grants for operating costs.
or portions thereof, used to provide supportive (a) General. HUD will provide grants to pay
housing or supportive services for up to five a portion (as described in § 583.130) of the
years. actual operating costs of supportive housing for
(b)(1) Leasing structures. Where grants up to five years.
are used to pay rent for all or part of structures, (b) Operating costs. Operating costs are
the rent paid must be reasonable in relation to those associated with the day-today operation
rents being charged in the area for comparable of the supportive housing. They also include the
space. In addition, the rent paid may not actual expenses that a recipient incurs for
exceed rents currently being charged by the conducting on-going assessments of the
same owner for comparable space. supportive services needed by residents and the
(2) Leasing individual units. Where grants availability of such services; relocation
are used to pay rent for individual housing assistance under§ 583.310, including payments
units, the rent paid must be reasonable in and services; and insurance.
relation to rents being charged for comparable (c) Recipient match requirement for
units, taking into account the location, size, operating costs. Assistance for operating costs
type, quality, amenities, facilities, and will be available for up to 75 percent of the total
management services. In addition, the rents cost in each year of the grant term. The
may not exceed rents currently being charged recipient must pay the percentage of the actual
by the same owner for comparable unassisted operating
units, and the portion of rents paid with grant costs not funded by HUD. At the end of each
funds may not exceed HUD-determined fair operating year, the recipient must demonstrate
market rents. Recipients may use grant funds in that it has met its match requirement of the
an amount up to one monthi.s rent to pay the costs for that year.
non-recipient landlord for any damages to [58 FR 13871,Mar.15,1993,as amended at 61 FR 51175,Sept.30,
leased units by homeless participants. 1996;65 FR 30823,May 12,
z000]
[58 FR 13871,Mar.15,1993,as amended at 59 FR 36891,July 19,
1994]
§ 583.120 Grants for supportive § 583.130 Commitment of grant amounts
pportive services for leasin
costs. 9,su pportive services,and
operating costs.
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part) for the Upon execution of a grant agreement
actual costs of supportive services for homeless covering assistance for leasing, supportive
persons for up to five years. All or part of the services, or operating costs, HUD will obligate
supportive services may be provided directly by amounts for a period not to exceed five
the recipient or by arrangement with public or operating years. The
private service providers.
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1611s
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.150
total amount obligated will be equal to an HUD may advertise and competitively select
amount necessary for the specified years of providers to deliver technical assistance. HUD
operation, less the recipients share of may enter into contracts, grants, or cooperative
operating costs. agreements, when necessary, to implement the
(Approved by the Office of Management and Budget under OMB technical assistance.
control number 250640112)
[59 FR 36891,July 19,1994] [59 FR 36892,July 19,1994]
§ 583.135 Administrative costs. § 583.145 Matching requirements.
(a) General. Up to five percent of any grant (a) General. The recipient must match the
awarded under this part may be used for the funds provided by HUD for grants for
purpose of paying costs of administering the acquisition, rehabilitation, and new construction
assistance. with an equal amount of funds from other
(b) Administrative costs. Administrative sources.
costs include the costs associated with (b) Cash resources. The matching funds
accounting for the use of grant funds, preparing must be cash resources provided to the project
reports for submission to HUD, obtaining by one or more of the following: the recipient,
program audits, similar costs related to the Federal government, State and local
administering the grant after the award, and governments, and private resources, in
staff salaries associated with these accordance with 42 U.S.C. 11386. This statute
administrative costs. They do not include the provides that a recipient may use funds from
costs of carrying out eligible activities under §§ any source, including any other Federal source
583.105 through 583.125. (but excluding the specific statutory subtitle
[58 996 FR 13871,Mar.15,1993,as amended at 61 FR 51175,Sept.30, from which Supportive Housing Program funds
are provided), as well as State, local, and
•
§ 583.140 Technical assistance. private sources, provided that funds from the
(a) General. HUD may set aside funds other source are not statutorily prohibited to be
annually to provide technical assistance, either used as a match. It is the responsibility of the
directly by HUD staff or indirectly through recipient to ensure that any funds used to
third-party providers, for any supportive housing satisfy the matching requirements of this
project. This technical assistance is for the section are eligible under the laws governing
purpose of promoting the development of the funds to be used as matching funds for a
supportive housing and supportive services as grant awarded under this program.
part of a continuum of care approach, including (c) Maintenance of effort. State or local
innovative approaches to assist homeless government funds used in the matching
persons in the transition from homelessness, contribution are subject to the maintenance of
and promoting the provision of supportive effort requirements described at§ 583.150(a).
housing to homeless persons to enable them to [58 FR 13871,Mar.15,1993,as amended at 73
live as independently as possible. FR 75326,Dec.11,2008]
(b) Uses of technical assistance. HUD may
use these funds to provide technical assistance § 583.150 Limitations on use of
assistance.
to prospective applicants, applicants, recipients,
or other providers of supportive housing or (a) Maintenance of effort. No assistance
services provided under this part(or any State or local
for homeless persons, for supportive housing government funds used to supplement this
projects. The assistance may include, but is not assistance) may be used to replace State or
limited to, written information such as papers, local funds previously used, or designated for
monographs, manuals, guides, and brochures; use, to assist homeless persons.
person-to-person exchanges; and training and (b) Faith-based activities. (1) Organizations
related costs. that are religious or faith-based are eligible, on
(c) Selection of providers. From time to the same basis as any other organization, to
time, as HUD determines the need, participate in
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16Db
§ 583.155 24 CFR Ch.V(4L1i09 Edition)
the Supportive Housing Program. Neither the used for inherently religious activities. Program
Federal government nor a State or local funds may be used for the acquisition,
government receiving funds under Supportive construction, or rehabilitation of structures only
Housing programs shall discriminate against an to the extent that those structures are used for
organization on the basis of the organization's conducting eligible activities under this part.
religious character or affiliation. Where a structure is used for both eligible and
(2) Organizations that are directly funded inherently religious activities, program funds
under the Supportive Housing Program may not may not exceed the cost of those portions of
engage in inherently religious activities, such as the acquisition, construction, or rehabilitation
worship, religious instruction, or proselytization that are attributable to eligible activities in
as part of the programs or services funded accordance with the cost accounting
under this part. If an organization conducts requirements applicable to Supportive Housing
such activities, the activities must be offered Program funds in this part. Sanctuaries, chapels,
separately, in time or location, from the or other rooms that a Supportive Housing
programs or services funded under this part, Program-funded religious congregation uses as
and participation must be voluntary for the its principal place of worship, however, are
beneficiaries of the HUD-funded programs or ineligible for Supportive Housing
services. Program-funded improvements. Disposition of
(3) A religious organization that real property after the term of the grant, or any
participates in the Supportive Housing Program change in use of the property during the term of
will retain its independence from Federal, State, the grant, is subject to government-wide
and local governments, and may continue to regulations governing real property disposition
carry out its mission, including the definition, (see 24 CFR parts 84 and 85).
practice, and expression of its religious beliefs, (6) If a State or local government voluntarily
provided that it does not use direct Supportive contributes its own funds to supplement
Housing Program funds to support any federally funded activities, the State or local
inherently religious activities, such as worship, government has the option to segregate the
religious instruction, or proselytization. Among Federal funds or commingle them. However, if
other things, faith-based organizations may use the funds are commingled, this section applies
space in their facilities to provide Supportive to all of the commingled funds.
Housing Program-funded services, without (c) Participant control of site. Where an
removing religious art, icons, scriptures, or applicant does not propose to have control of a
other religious symbols. In addition, a site or sites but rather proposes to assist a
Supportive Housing Program-funded religious homeless family or individual in obtaining a
organization retains its authority over its internal lease, which may include assistance with rent
governance, and it may retain religious terms in payments and receiving supportive services,
its organization's name, select its board after which time the family or individual remains
members on a religious basis, and include in the same housing without further assistance
religious references in its organization's mission under this part, that applicant may not request
statements and other governing documents. assistance for acquisition, rehabilitation, or new
(4) An organization that participates in the construction.
Supportive Housing Program shall not, in [58 FR 13871,Mar.15,1993,as amended at 59 FR 36892,July 19,
providing program assistance, discriminate 1993;68 FR 56407,Sept.30,2003]
against a program beneficiary or prospective § 583.155 Consolidated plan.
program beneficiary on the basis of religion or
religious belief. (a) Applicants that are States or units of
(5) Program funds may not be used for the general local government. The applicant must
acquisition, construction, or rehabilitation of have a HUD-approved complete or abbreviated
structures to the extent that those structures consolidated plan, in accordance with 24 CFR
are part 91, and
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160 5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.230
must submit a certification that the application section 426 of the McKinney Act(42
for funding is consistent with the HUD-approved U.S.C. 11386)and the guidelines, rating
consolidated plan. Funded applicants must criteria, and procedures published in
certify in a grant agreement that they are the NOFA.
following the HUD-approved consolidated plan.
[61 FR 51176,Sept.30,1996]
(b) Applicants that are not States or units
of general local government. The applicant must § 583.230 Environmental review.
submit a certification by the jurisdiction in which
the proposed project will be located that the (a)Activities under this part are subject to HUD
applicant's application for funding is consistent environmental regulations in part 58 of this title,
with the jurisdiction's HUD-approved except that HUD will perform an environmental
consolidated plan. The certification must be review in accordance with part 50 of this title
made by the unit of general local government or prior to its approval of any conditionally selected
applications for Fiscal Year 2000 and prior years
the State, in accordance with the consistency
certification provisions of the consolidated plan that were received directly from private
regulations, 24 CFR part 91, subpart F. nonprofit entities and governmental entities with
(c) Indian tribes and the Insular Areas of special or limited purpose powers. For activities
Guam, the U.S. Virgin Islands, American Samoa, under a grant that generally would be subject to
and the Northern Mariana Islands. These review under part 58, HUD may make a finding
entities are not required to have a consolidated in accordance with § 58.11(d)and may itself
plan or to make consolidated plan certifications. perform the environmental review under the
An application by an Indian tribe or other provisions of part 50 of this title if the recipient
applicant for a project that will be located on a objects in writing to the responsible entity's
reservation of an Indian tribe will not require a performing the review under part 58.
certification by the tribe or the State. However, Irrespective of whether the responsible entity in
where an Indian tribe is the applicant for a accord with part 58 (or HUD in accord with part
project that will not be located on a reservation 50) performs the environmental review, the
the requirement for a certification under recipient shall supply all available, relevant
paragraph (b)of this section will apply. information necessary for the responsible entity
(d) Timing of consolidated plan certification (or HUD, if applicable) to perform for each
submissions. Unless otherwise set forth in the property any environmental review required by
NOFA, the required certification that the this part. The recipient also shall carry out
application for funding is consistent with the mitigating measures required by the responsible
HUD-approved consolidated plan must be entity(or HUD, if applicable) or select alternate
submitted by the funding application submission eligible property. HUD may eliminate from
deadline announced in the NOFA. consideration any application that would require
an Environmental Impact Statement(EIS).
[60 FR 16380,Mar.30,1995] (b) The recipient, its project partners and
their contractors may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish or
Subpart C.Application and Grant construct property for a project under this part,
Award Process or commit or expend HUD or local funds for
§ 583.200 Application and grant award. such eligible activities under this part, until the
responsible entity (as defined in § 58.2 of this
When funds are made available for assistance, title) has completed the environmental review
HUD will publish a notice of funding availability procedures required by part 58 and the
(NOFA) in the FEDERAL REGISTER, in environmental certification and RROF have been
accordance with the requirements of 24 CFR approved or HUD has performed an
part 4. HUD will review and screen applications environmental review under part 50 and the
in accordance with the requirements in recipient has received HUD approval of the
property. HUD will not
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16D 5
§ 583.235
24 CFR Ch.V(4Z1Z09 Edition)
release grant funds if the recipient or unacceptably slow expenditure of funds, or the
any other party commits grant funds recipient has been unsuccessful in assisting
(i.e., incurs any costs or expenditures participants in achieving and maintaining
to be paid or reimbursed with such funds) independent living. In determining the
before the recipient submits and HUD approves recipient's success in assisting participants to
its RROF(where such submission is required). achieve and maintain independent living,
[68 FR 56131,Sept.29,2003] consideration will be given to the level and type
of problems of participants. For recipients with a
§ 583.235 Renewal grants. poor record of success, HUD will also consider
(a) General. Grants made under this part, the recipient's willingness to accept technical
and grants made under subtitles C and D (the assistance and to make changes suggested by
Supportive Housing Demonstration and SAFAH technical assistance providers. Other factors
respectively)of the Stewart B. McKinney which will affect HUD's decision to approve a
Homeless Assistance Act as in effect before renewal request include the following: a
October 28, 1992, may be renewed on a continuing history of inadequate financial
noncompetitive basis to continue ongoing management accounting practices, indications
leasing, operations, and supportive services for of mismanagement on the part of the recipient,
additional years beyond the initial funding a drastic reduction in the population served by
period. To be considered for renewal funding for the recipient, program changes made by the
leasing, operating costs, or supportive services, recipient without prior HUD approval, and loss
recipients must submit a request for such of project site.
funding in the form specified by HUD, must (2) HUD reserves the right to reject a
meet the requirements of this part, and must request from any organization with an
submit requests within the time period outstanding obligation to HUD that is in arrears
established by HUD. or for which a payment schedule has not been
(b) Assistance available. The first renewal agreed to, or whose response to an audit
will be for a period of time not to exceed the finding is overdue or unsatisfactory.
difference between the end of the initial funding (3) HUD will notify the recipient in writing
period and ten years from the date of initial that the request has been approved or
occupancy or the date of initial service disapproved.
provision, as applicable. Any subsequent (Approved by the Office of Management and Budget under control
renewal will be for a period of time not to number 250&0112)
exceed five years. Assistance during each year
of the renewal period, subject to maintenance Subpart DiProgram Requirements
of effort requirements under§ 583.150(a) may § 583.300 General operation.
be for:
(1) Up to 50 percent of the actual (a) State and local requirements. Each
operating and leasing costs in the final year of recipient of assistance under this part must
the initial funding period; provide housing or services that are in
(2) Up to the amount of HUD assistance for compliance with all applicable State and local
supportive services in the final year of the initial housing codes, licensing requirements, and any
funding period; and other requirements in the jurisdiction in which
(3) An allowance for cost increases. the project is located regarding the condition of
(c) HUD review. (1) HUD will review the the structure and the operation of the housing
request for renewal and will evaluate the or services.
recipient's performance in previous years (b) Habitability standards. Except for such
against the plans and goals established in the variations as are proposed by the recipient and
initial application for assistance, as amended. approved by HUD, supportive housing must
HUD will approve the request for renewal unless meet the following requirements:
the recipient proposes to serve a population (1) Structure and materials. The structures
that is not homeless, or the recipient has not must be structurally sound so as not to pose
shown adequate progress as evidenced by an any threat to the health
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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.300
and safety of the occupants and so as to protect for hearing-impaired persons in each bedroom
the residents from the elements. occupied by a hearing-impaired person.
(2) Access. The housing must be accessible (ii) The public areas of all housing must be
and capable of being utilized without equipped with a sufficient number, but not less
unauthorized use of other private properties. than one for each area, of battery-operated or
Structures must provide alternate means of hard-wired smoke detectors. Public areas
egress in case of fire. include, but are not limited to, laundry rooms,
(3) Space and security. Each resident must community rooms, day care centers, hallways,
be afforded adequate space and security for stairwells, and other common areas.
themselves and their belongings. Each resident (c) Meals. Each recipient of assistance
must be provided under this part who provides supportive housing
an acceptable place to sleep. for homeless persons with disabilities must
(4) Interior air quality. Every room or space provide meals or meal preparation facilities for
must be provided with natural or mechanical residents.
ventilation. Structures must be free of pollutants (d) Ongoing assessment of supportive
in the air at levels that threaten the health of services. Each recipient of assistance under this
residents. part must conduct an ongoing assessment of
(5) Water supply. The water supply must the supportive services required by the
be free from contamination. residents of the project and the availability of
(6) Sanitary facilities. Residents must have such services, and make adjustments as
access to sufficient sanitary facilities that are in appropriate.
proper operating condition, may be used in (e) Residential supervision. Each recipient
privacy, and are adequate for personal of assistance under this part must provide
cleanliness and the disposal of human waste. residential supervision as necessary to facilitate
(7) Thermal environment. The housing the adequate provision of supportive services to
must have adequate heating and/or cooling the residents of the housing throughout the
facilities in proper operating condition. term of the commitment to operate supportive
(8) Illumination and electricity. The housing. Residential supervision may include the
housing must have adequate natural or artificial employment of a full-or part-time residential
illumination to permit normal indoor activities supervisor with sufficient knowledge to provide
and to support the health and safety of or to supervise the provision of supportive
residents. Sufficient electrical sources must be services to the residents.
provided to permit use of essential electrical (f) Participation of homeless persons. (1)
appliances while assuring safety from fire. Each recipient must provide for the participation
(9) Food preparation and refuse disposal. of homeless persons as required in section
All food preparation areas must contain suitable 426(g) of the McKinney Act(42 U.S.C.
space and equipment to store, prepare, and 11386(g)). This requirement is waived if an
serve food in a sanitary manner. applicant is unable to meet it and presents a
(10) Sanitary condition. The housing and plan for HUD approval to otherwise consult with
any equipment must be maintained homeless or formerly homeless persons in
in sanitary condition. considering and making policies and decisions.
(11) Fire safety. (i) Each unit must include See also § 583.330(e).
at least one battery-operated or hard-wired (2) Each recipient of assistance under this
smoke detector, in proper working condition, on part must, to the maximum extent practicable,
each occupied level of the unit. Smoke detectors involve homeless individuals and families,
must be located, to the extent practicable, in a through employment, volunteer services, or
hallway adjacent to a bedroom. If the unit is otherwise, in constructing, rehabilitating,
occupied by hearing-impaired persons, smoke maintaining, and operating the project and
detectors must have an alarm system designed
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16Db
§ 583.305 24 CFR Ch.V(4Z1209 Edition)
in providing supportive services for the project. individuals or families remain in that project
(g) Records and reports. Each recipient of longer than 24 months.
assistance under this part must keep any (k) Outpatient health services. Outpatient
records and make any reports(including those health services provided by the recipient must
pertaining to race, ethnicity, gender, and be approved as appropriate by HUD and the
disability status data) that HUD may require Department of Health and Human Services
within the timeframe required. (HHS). Upon receipt of an application that
(h) Confidentiality. Each recipient that proposes the provision of outpatient health
provides family violence prevention or treatment services, HUD will consult with HHS with respect
services must develop and implement to the appropriateness of the proposed services.
procedures to ensure: (I) Annual assurances. Recipients who
(1) The confidentiality of records pertaining receive assistance only for leasing, operating
to any individual services; and costs or supportive services costs must provide
(2)That the address or location of any an annual assurance for each year such
project assisted will not be made public, except assistance is received that the project will be
with written authorization of the person or operated for the purpose specified in the
persons responsible for the operation of the application.
project.
(i)Termination of housing assistance. The (Approved by the Office of Management and Budget under control
recipient may terminate assistance to a number 250&0112)
participant who violates program requirements. [9 ;61 FR 51176,Mar.15,1993,1996]ended at 59 FR 36892,July 19,
1994;61 FR 51176,Se
Recipients should terminate assistance only in
the most severe cases. Recipients may resume § 583.305 Term of commitment;
assistance to a participant whose assistance was repayment
previously terminated. In terminating assistance of grants; prevention of undue benefits.
to a participant, the recipient must provide a (a) Term of commitment and conversion.
formal process that recognizes the rights of Recipients must agree to operate the housing or
individuals receiving assistance to due process provide supportive services in accordance with
of law. This process, at a minimum, must this part and with sections 423 (b)(1)and (b)(3)
consist of: of the McKinney Act(42 U.S.C. 11383(b)(1),
(1) Written notice to the participant 11383(b)(3)).
containing a clear statement of the reasons for (b) Repayment of grant and prevention of
termination; undue benefits. In accordance with section
(2) A review of the decision, in which the 423(c) of the McKinney Act(42 U.S.C.
participant is given the opportunity to present 11383(c)), HUD will require recipients to repay
written or oral objections before a person other the grant unless HUD has authorized conversion
than the person (or a subordinate of that of the project under section 423(b)(3) of the
person)who made or approved the termination McKinney Act(42 U.S.C. 11383(b)(3)).
decision; and [61 FR 51176,Sept.30,1996]
(3) Prompt written notice of the final
decision to the participant.
(j) Limitation of stay in transitional § 583.310 Displacement,relocation,and
housing. A homeless individual or family may acquisition.
remain in transitional housing for a period (a) Minimizing displacement. Consistent
longer than 24 months, if permanent housing with the other goals and objectives of this part,
for the individual or family has not been located recipients must assure that they have taken all
or if the individual or family requires additional reasonable steps to minimize the displacement
time to prepare for independent living. of persons (families, individuals, businesses,
However, HUD may discontinue assistance for a nonprofit organizations, and farms)as a result
transitional housing project if more than half of of supportive housing assisted under this part.
the homeless
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Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.310
(b) Relocation assistance for displaced part. The term ' 'displaced person& includes,
persons. A displaced person (defined in but may not be limited to:
paragraph (f) of this section) must be provided (i)A person that moves permanently from
relocation assistance at the levels described in, the real property after the property owner(or
and in accordance with, the requirements of the person in control of the site) issues a vacate
Uniform Relocation Assistance and Real Property notice, or refuses to renew an expiring lease in
Acquisition Policies Act of 1970 (URA) (42 U.S.C. order to evade the responsibility to provide
4601L4655) and implementing regulations at 49 relocation assistance, if the move occurs on or
CFR part 24. after the date the recipient submits to HUD the
(c) Real property acquisition requirements. application or application amendment
The acquisition of real property for supportive designating the project site.
housing is subject to the URA and the (ii)Any person, including a person who
requirements described in 49 CFR part 24, moves before the date described in paragraph
subpart B. (f)(1)(i) of this section, if the recipient or HUD
(d) Responsibility of recipient. (1) The recipient determines that the displacement resulted
must certify(i.e., provide assurance of directly from acquisition, rehabilitation, or
compliance)that it will comply with the URA, demolition for the assisted project.
the regulations at 49 CFR part 24, and the (iii)A tenant-occupant of a dwelling unit
requirements of this section, and must ensure who moves permanently from the
such compliance notwithstanding any third building/complex on or after the date of the
partyi.s contractual obligation to the recipient to ''initiation of negotiations& (see paragraph (g)
comply with these provisions. of this section) if the move occurs before the
(2) The cost of required relocation tenant has been provided written notice offering
assistance is an eligible project cost in the same him or her the opportunity to lease and occupy
manner and to the same extent as other project a suitable, decent, safe and sanitary dwelling in
costs. Such costs also may be paid for with local the same building/complex, under reasonable
public funds or funds available from other terms and conditions, upon completion of the
sources. project. Such reasonable terms and conditions
(3) The recipient must maintain records in must include a monthly rent and estimated
sufficient detail to demonstrate compliance with average monthly utility costs that do not exceed
provisions of this section. the greater of:
(e)Appeals. A person who disagrees with (A) The tenants monthly rent before the
the recipients determination concerning nitiation of negotiations and estimated average
whether the person qualifies as a ' 'displaced utility costs, or income. If the initial rent is at or
person,& or the amount of relocation assistance near the maximum, there must be a reasonable
for which the person is eligible, may file a basis for concluding at the time the project is
written appeal of that determination with the initiated that future rent increases will be
recipient. A low-income person who is modest.
dissatisfied with the recipients determination (iv)A tenant of a dwelling who is required to
on his or her appeal may submit a written relocate temporarily, but does not return to the
request for review of that determination to the building/complex, if either:
HUD field office. (A)A tenant is not offered payment for all
(f) Definition of displaced person. (1) For reasonable out-of-pocket expenses incurred in
purposes of this section, the term ''displaced connection with the temporary relocation, or
person 2 means a person (family, individual, (B) Other conditions of the temporary
business, nonprofit organization, or farm)that relocation are not reasonable.
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolition for supportive housing projects
assisted under this
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1605
§ 583.315 24 CFR Ch.V(4L1L09 Edition)
(v) A tenant of a dwelling who moves from of the agreement between the recipient and
the building/complex permanently after he or HUD.
she has been required to move to another unit (h) Definition of project. For purposes of
in the same building/complex, if either: this section, the term ' 'projectc2 means an
(A) The tenant is not offered undertaking paid for in whole or in part with
reimbursement for all reasonable out-of pocket assistance under this part.Two or more
expenses incurred in connection with the move; activities that are integrally related, each
or(B) Other conditions of the move are not essential to the others, are considered a single
reasonable. project, whether or not all component activities
(2) Notwithstanding the provisions of receive assistance under this part.
paragraph (0(1) of this section, a person does [58 FR 13871,Mar.15,1993,as amended at 59 FR 36892,July 19,
not qualify as a "displaced person" (and is not 1994]
eligible for relocation assistance under the URA
or this section), if: § 583.315 Resident rent.
(i) The person has been evicted for serious (a) Calculation of resident rent. Each
or repeated violation of the terms and resident of supportive housing may be required
conditions of the lease or occupancy agreement, to pay as rent an amount determined by the
violation of applicable Federal, State, or local or recipient which may not exceed the highest of:
tribal law, or other good cause, and HUD (1) 30 percent of the family's monthly
determines that the eviction was not undertaken adjusted income(adjustment factors include the
for the purpose of evading the obligation to number of people in the family, age of family
provide relocation assistance; members, medical expenses and child care
(ii) The person moved into the property expenses). The calculation of the family's
after the submission of the application and, monthly adjusted income must include the
before signing a lease and commencing expense deductions provided in 24 CFR
occupancy, was provided written notice of the 5.611(a), and for persons with disabilities, the
project, its possible impact on the person (e.g., calculation of the family's monthly adjusted
the person may be displaced, temporarily income also must include the disallowance of
relocated, or suffer a rent increase) and the fact earned income as provided in 24 CFR 5.617, if
that the person would not qualify as a applicable;
"displaced person" (or for any assistance (2) 10 percent of the family's monthly
provided under this section), if the project is gross income; or
approved; (3) If the family is receiving payments for
(iii) The person is ineligible under 49 CFR welfare assistance from a public agency and a
24.2(g)(2); or _ part of the payments, adjusted in accordance
(iv) HUD determines that the person was with the family's actual housing costs, is
not displaced as a direct result of acquisition, specifically designated by the agency to meet
rehabilitation, or demolition for the project. the family's housing costs, the portion of the
(3) The recipient may request, at any time, payment that is designated for housing costs.
HUD's determination of whether a displacement (b) Use of rent. Resident rent may be used
is or would be covered under this section. in the operation of the project or may be
(g) Definition of initiation of negotiations. reserved, in whole or in part, to assist residents
For purposes of determining the formula for of transitional housing in moving to permanent
computing the replacement housing assistance housing.
to be provided to a residential tenant displaced (c) Fees. In addition to resident rent,
as a direct result of privately undertaken recipients may charge residents reasonable fees
rehabilitation, demolition, or acquisition of the for services not paid with grant funds.
real property, the term "initiation of [58 FR 13871,Mar. 15,1993,as amended at 59
negotiations" means the execution
FR 001je92,July 19,1994;66 FR 6225,Jan.19,
www.hud.gov espanol.hud.gov Page 17
160j
¢'�� ` U.S.Department of Housing and Urban Development
v` Ill ti *��'� Office of Community Planning and Development
*
oG� 111111 �y 909 SE First Avenue
Miami,FT,33131
44-v ocvr`
Grant Number.FL0296B4D061003
Project Name: FL-606-REN-Wolfe Apartments
Total Award Amount:$113,116
Component: PH
Recipient:Collier County Board of County Commissioners
Official Contact Person and Title:Fred W.Coyle,Chairman,County Board of Commissioners
Telephone Number: (239)252-8097
Fax Number: (239)774-3602
E-mail Address: fredcoyle @colliergov.net
EIN/Tax ID Number:59-6000558
DUNS Number:076997790
Effective Date: 10//1/2011
Project Location(s):Collier County
2010 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,which was published June 11,2010,at 75 FR 33323,and the
second part was the Continuum of Care Homeless Assistance Programs section of the NOFA,
which is located at http://www.hud.gov/offices/adm/grants/nofal0/grpcoc.cfm.The term
"Application" means the application submission on the basis of which HUD,including the
certifications and assurances and any information or documentation required to meet any grant
award conditions,on the basis of which HUD approved a grant.The Application is incorporated
herein as part of this Agreement,however,in the event of a conflict between any part of the
Application and any part of the Grant Agreement,the latter shall control.The Secretary agrees,
subject to the terms of the Grant Agreement,to provide the grant funds in the amount specified at
section 2 of Attachment A for the approved project described in the application.The Recipient
agrees,subject to the terms of the Grant Agreement,to use the grant funds for eligible activities
during the term specified at section 3 of Attachment A.
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16D5
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
(HMIS)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 fmanced 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
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16115
(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.hud.gov espanol.hud.gov Page 3
16135 ,..
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
if, di, '
OPP- />72 (
Signature and Date
Print name of signatory
C_ ` D -b ; (2_ -e C1-117)—&-
Title
RECIPIENT
Col/i CouK� 1.()ark Q1' Cotokiy (onno&te5
Name of Organization
By:
'IL)14IL LA). CCZ-- It(2/a
Authorized Signature and Date
fret W. Coyly
Print name of signatory
C Iiai rw►av\
Title
ATTEST ''''' 'N:' Approved as to form & legai Sufflcienc‘;
it AO __._____ e)__:1______ _
By: 446,,,L l_.a./.....417614.4ytir ,____..
*ssist County Attorney
Immure mg 3i-
" -) t•-) % Fe_ to.k4 I i
Page 4
w .hud.gov espanol.hud.gov
ww
1 b D
ATTACHMENT A
1. The Recipient is Collier County Board of County Commissioners.
2. HUD's total fund obligation for this project is$113,116,which shall be allocated as follows:
a. Leasing $0
b. Supportive services $34,230
c. Operating costs $73,500
d. HMIS $0
e. Administration $5,386
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 espanol.hud.gov Page 5
1611 5
ATTACHMENT B
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.1
583.135 Administrative costs.
583.140 Technical assistance.
583.145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 Consolidated plan.
Subpart CZApplication and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart DZProgram Requirements
583.300 General operation.
583.305 Term of commitment; repayment of
grants; prevention of undue benefits.
583.310 Displacement, relocation,and acquisition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal opportunity
requirements.
583.330 Applicability of other Federal requirements.
Subpart EZAdministration
583.400 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobligation of funds.
AUTHORITY: 42 U.S.C. 11389 and 3535(d).
PART 583ZSUPPORTIVE HOUSING
PROGRAM SOURCE: 58 FR 13871, Mar. 15, 1993, unless
otherwise noted.
Subpart AZGeneral
Sec Subpart AZGeneral
583.1 Purpose and scope. § 583.1 Purpose and scope.
583.5 Definitions. (a) General. The Supportive Housing
Subpart BZAssistance Provided Program is authorized by title IV of the Stewart
583.100 Types and uses of assistance. B. McKinney Homeless Assistance Act(the
583.105 Grants for acquisition and rehabilitation. McKinney Act) (42 U.S.C. 11381111389). The
583.110 Grants for new construction. Supportive Housing program is designed to
583.115 Grants for leasing. promote the development of supportive housing
583.120 Grants for supportive service costs. and supportive services, including innovative
583.125 Grants for operating costs. approaches to assist homeless persons in the
583.130 Commitment of grant amounts for transition from homelessness, and to promote
leasing,supportive services,and operating
costs.
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1605
§ 583.5 24 CFR Ch.V(44209 Edition)
the provision of supportive housing to homeless Homeless person means an individual or
persons to enable them to live as independently family that is described in section 103 of the
as possible. McKinney Act(42 U.S.C.11302).
(b) Components. Funds under this part Metropolitan city is defined in section
may be used for: 102(a)(4) of the Housing and Community
(1) Transitional housing to facilitate the Development Act of 1974 (42 U.S.C.
movement of homeless individuals and families 5302(a)(4)). In general, metropolitan cities are
to permanent housing; those cities that are eligible for an entitlement
(2) Permanent housing that provides grant under 24 CFR part 570, subpart D.
long-term housing for homeless persons with New construction means the building of a
disabilities; structure where none existed or an addition to
(3) Housing that is, or is part of, a an existing structure that increases the floor
particularly innovative project for, or alternative area by more than 100 percent.
methods of, meeting the immediate and Operating costs is defined in section 422(5)
long-term needs of homeless persons; or of the McKinney Act(42 U.S.C.11382(5)).
(4) Supportive services for homeless Outpatient health services is defined in
persons not provided in conjunction with section 422(6) of the McKinney Act(42 U.S.C.
supportive housing. 11382(6)).
[58 FR 13871,Mar.15,1993,as amended at 61 Permanent housing for homeless persons
FR 51175,Sept.30,1996] with disabilities is defined in section 424(c) of
the McKinney Act(42 U.S.C.11384(c)).
§ 583.5 Definitions. Private nonprofit organization is defined in
As used in this part: section 422(7) (A), (B), and (D) of the McKinney
Applicant is defined in section 422(1) of the Act(42 U.S.C. 11382(7) (A), (B), and (D)). The
McKinney Act(42 U.S.C. 11382(1)). For organization must also have a functioning
purposes of this definition, governmental accounting system that is operated in
entities include those that have general accordance with generally accepted accounting
governmental powers (such as a city or county), principles, or designate an entity that will
as well as those that have limited or special maintain a functioning accounting system for
powers (such as public housing agencies). the organization in accordance with generally
Consolidated plan means the plan that a accepted accounting principles.
jurisdiction prepares and submits to HUD in Project is defined in sections 422(8) and
accordance with 24 CFR part 91. 424(d) of the McKinney Act(42U.S.C. 11382(8),
Date of initial occupancy means the date 11384(d)).
that the supportive housing is initially occupied Recipient is defined in section 422(9) of the
by a homeless person for whom HUD provides McKinney Act(42 U.S.C. 11382(9)).
assistance under this part. If the assistance is Rehabilitation means the improvement or
for repair of an existing structure or an addition to
an existing homeless facility, the date of initial an existing structure that does not increase the
occupancy is the date that services are first floor area by more than 100 percent.
provided to the residents of supportive housing Rehabilitation does not include minor or routine
with funding under this part. repairs.
Date of initial service provision means the State is defined in section 422(11) of the
date that supportive services are initially McKinney Act(42 U.S.C. 11382(11)).
provided with funds under this part to homeless Supportive housing is defined in section
persons who do not reside in supportive 424(a) of the McKinney Act(42U.S.C.
housing. This definition 11384(a)).
applies only to projects funded under this part Supportive services is defined in section 425
that do not provide supportive housing. of the McKinney Act(42 U.S.C.11385).
Disability is defined in section 422(2) of the Transitional housing is defined in section
McKinney Act(42 U.S.C. 11382(2)). 424(b) of the McKinney Act(42 U.S.C.
11384(b)). See also § 583.300(j).
www.hud.gov espanol.hud.gov Page 7
D 5,
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.110
Tribe is defined in section 102 of the (d) Technical assistance. HUD may offer
Housing and Community Development Act of technical assistance, as described in § 583.140.
1974(42 U.S.C. 5302). [58 FR 13871,Mar.15,1993,as amended at 59
Urban county is defined in section 102(a)(6) FR 36891,July 19,1994]
of the Housing and Community Development § 583.105 Grants for acquisition and
Act of 1974(42 U.S.C.5302(a)(6)). In general, rehabilitation.
urban counties are those counties that are (a) Use. HUD will grant funds to recipients
eligible for an entitlement grant under 24 CFR
part 570, subpart D. to:
(1) Pay a portion of the cost of the
[61 FR 51175,Sept.30,1996] acquisition of real property selected by the
Subpart &.Assistance Provided recipients for use in the provision of supportive
housing or supportive services, including the
§ 583.100 Types and uses of assistance. repayment of any outstanding debt on a loan
(a) Grant assistance. Assistance in the form made to purchase property that has not been
of grants is available for acquisition of used previously as supportive housing or for
structures, rehabilitation of structures, supportive services;
acquisition and rehabilitation of structures, new (2) Pay a portion of the cost of
construction, leasing, operating costs for rehabilitation
supportive housing, and supportive services, as of structures, including cost-effective energy
described in §§ 583.105 through 583.125. measures, selected by the recipients to provide
Applicants may apply for more than one type of supportive housing or supportive services; or
assistance. (3) Pay a portion of the cost of acquisition
(b) Uses of grant assistance. Grant and rehabilitation of structures, as described in
assistance may be used to: paragraphs (a)(1) and (2) of this section.
(1) Establish new supportive housing (b) Amount. The maximum grant available
facilities or new facilities to provide supportive for acquisition, rehabilitation, or acquisition and
services; rehabilitation is the lower of:
(2) Expand existing facilities in order to (1) $200,000; or
increase the number of homeless persons (2) The total cost of the acquisition,
served; rehabilitation, or acquisition and rehabilitation
(3) Bring existing facilities up to a level that minus the applicantis contribution toward the
meets State and local government health and cost.
safety standards; (c) Increased amounts. In areas
(4) Provide additional supportive services determined
for residents of supportive housing or for by HUD to have high acquisition and
homeless persons not residing in supportive rehabilitation costs, grants of more than
housing; $200,000, but not more than $400,000, may be
(5) Purchase HUD-owned single family available.
properties currently leased by the applicant for § 583.110 Grants for new construction.
use as a homeless facility under 24 CFR part (a) Use. HUD will grant funds to recipients
291; and to pay a portion of the cost of new construction,
(6) Continue funding supportive housing including cost-effective energy measures and
where the recipient has received funding under the cost of land associated with that
this part for leasing, supportive services, or construction, for use in the provision of
operating costs. supportive housing. If the grant funds are used
(c) Structures used for multiple purposes. for new construction, the applicant must
Structures used to provide supportive housing demonstrate that the costs associated with new
or supportive services may also be used for construction are substantially
other purposes, except that assistance under less than the costs associated with rehabilitation
this part will be available only in proportion to or that there is a lack of available appropriate
the use of the structure for supportive housing units that could be rehabilitated at a cost less
or supportive services. than new construction. For purposes of
www.hud.gov espanol.hud.gov Page 8
16D5
§ 583.115 24 CFR Ch.V(4Z1i09 Edition)
this cost comparison, costs associated with (b) Supportive services costs. Costs
rehabilitation or new construction may include associated with providing supportive services
the cost of real property acquisition. include salaries paid to providers of supportive
(b) Amount. The maximum grant available services and any other costs directly associated
for new construction is the lower of: with providing such services. For a transitional
(1) $400,000; or housing project, supportive services costs also
(2) The total cost of the new construction, include the costs of services provided to former
including the cost of land associated with that residents of transitional housing to assist their
construction, minus the applicant.s contribution adjustment to independent living. Such services
toward the cost of same. may be provided for up to six months after they
leave the transitional housing facility.
§ 583.115 Grants for leasing. [58 FR 13871,Mar.15,1993,as amended at 59 FR 36891,July 19,
1994]
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part)for the § 583.125 Grants for operating costs.
actual costs of leasing a structure or structures,
or portions thereof, used to provide supportive (a) General. HUD will provide grants to pay
housing or supportive services for up to five a portion (as described in § 583.130) of the
years. actual operating costs of supportive housing for
(b)(1) Leasing structures. Where grants up to five years.
are used to pay rent for all or part of structures, (b) Operating costs. Operating costs are
the rent paid must be reasonable in relation to those associated with the day-today operation
rents being charged in the area for comparable of the supportive housing. They also include the
space. In addition, the rent paid may not actual expenses that a recipient incurs for
exceed rents currently being charged by the conducting on-going assessments of the
same owner for comparable space. supportive services needed by residents and the
(2) Leasing individual units. Where grants availability of such services; relocation
are used to pay rent for individual housing assistance under§ 583.310, including payments
units, the rent paid must be reasonable in and services; and insurance.
relation to rents being charged for comparable (c) Recipient match requirement for
units, taking into account the location, size, operating costs. Assistance for operating costs
type, quality, amenities, facilities, and will be available for up to 75 percent of the total
management services. In addition, the rents cost in each year of the grant term. The
may not exceed rents currently being charged recipient must pay the percentage of the actual
by the same owner for comparable unassisted operating
units, and the portion of rents paid with grant costs not funded by HUD. At the end of each
funds may not exceed HUD-determined fair operating year, the recipient must demonstrate
market rents. Recipients may use grant funds in that it has met its match requirement of the
an amount up to one monthZs rent to pay the costs for that year.
non-recipient landlord for any damages to 1996865 13871,Mar.15,FR 30823,May 123,as amended at 61 FR 51175,Sept 30,
leased units by homeless participants. 2000]
[58 FR 13871,Mar.15,1993,as amended at 59 FR 36891,July 19,
1994]
§ 583.130 Commitment of grant amounts
§ 583.120 Grants for supportive services for leasing,supportive services,and
costs. operating costs.
(a) General. HUD will provide grants to pay
(as described in § 583.130 of this part) for the Upon execution of a grant agreement
actual costs of supportive services for homeless covering assistance for leasing, supportive
persons for up to five years. All or part of the services, or operating costs, HUD will obligate
supportive services may be provided directly by amounts for a period not to exceed five
the recipient or by arrangement with public or operating years. The
private service providers.
www.hud.gov espanol.hud.gov Page 9
16D5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.150
total amount obligated will be equal to an HUD may advertise and competitively select
amount necessary for the specified years of providers to deliver technical assistance. HUD
operation, less the recipientis share of may enter into contracts, grants, or cooperative
operating costs. agreements, when necessary,to implement the
(Approved by the Office of Management and Budget under OMB technical assistance.
control number 250&0112)
[59 FR 36891,July 19,1994] [59 FR 36892,July 19,1994]
§ 583.135 Administrative costs. § 583.145 Matching requirements.
(a) General. Up to five percent of any grant (a) General.The recipient must match the
awarded under this part may be used for the funds provided by HUD for grants for
purpose of paying costs of administering the acquisition, rehabilitation, and new construction
assistance. with an equal amount of funds from other
(b) Administrative costs. Administrative sources.
costs include the costs associated with (b) Cash resources. The matching funds
accounting for the use of grant funds, preparing must be cash resources provided to the project
reports for submission to HUD, obtaining by one or more of the following: the recipient,
program audits, similar costs related to the Federal government, State and local
administering the grant after the award, and governments, and private resources, in
staff salaries associated with these accordance with 42 U.S.C. 11386. This statute
administrative costs. They do not include the provides that a recipient may use funds from
costs of carrying out eligible activities under §§ any source, including any other Federal source
583.105 through 583.125. (but excluding the specific statutory subtitle
[58 FR 13871,Mar.15,1993,as amended at 61 FR 51175,Sept.30, from which Supportive Housing Program funds
1996] are provided), as well as State, local, and
§ 583.140 Technical assistance. private sources, provided that funds from the
(a) General. HUD may set aside funds other source are not statutorily prohibited to be
annually to provide technical assistance, either used as a match. It is the responsibility of the
directly by HUD staff or indirectly through recipient to ensure that any funds used to
third-party providers, for any supportive housing satisfy the matching requirements of this
project. This technical assistance is for the section are eligible under the laws governing
purpose of promoting the development of the funds to be used as matching funds for a
supportive housing and supportive services as grant awarded under this program.
part of a continuum of care approach, including (c) Maintenance of effort. State or local
innovative approaches to assist homeless government funds used in the matching
persons in the transition from homelessness, contribution are subject to the maintenance of
and promoting the provision of supportive effort requirements described at§ 583.150(a).
housing to homeless persons to enable them to [58 FR 13871,Mar.15,1993,as amended at 73
FR 75326,Dec.11,2008]
live as independently as possible.
(b) Uses of technical assistance. HUD may § 583.150 Limitations on use of
use these funds to provide technical assistance assistance.
to prospective applicants, applicants, recipients, (a) Maintenance of effort. No assistance
or other providers of supportive housing or provided under this part(or any State or local
services government funds used to supplement this
for homeless persons, for supportive housing assistance) may be used to replace State or
projects. The assistance may include, but is not
limited to, written information such as papers, local funds previously used, or designated for
monographs, manuals, guides, and brochures; use,to assist homeless persons.
person-to-person exchanges; and training and (b) Faith-based activities. (1) Organizations
related costs. that are religious or faith-based are eligible, on
(c) Selection of providers. From time to the same basis as any other organization,to
time, as HUD determines the need, participate in
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16D
§ 583.155 24 CFR Ch.V(4G1G09 Edition)
the Supportive Housing Program. Neither the used for inherently religious activities. Program
Federal government nor a State or local funds may be used for the acquisition,
government receiving funds under Supportive construction, or rehabilitation of structures only
Housing programs shall discriminate against an to the extent that those structures are used for
organization on the basis of the organization's conducting eligible activities under this part.
religious character or affiliation. Where a structure is used for both eligible and
(2) Organizations that are directly funded inherently religious activities, program funds
under the Supportive Housing Program may not may not exceed the cost of those portions of
engage in inherently religious activities, such as the acquisition, construction, or rehabilitation
worship, religious instruction, or proselytization that are attributable to eligible activities in
as part of the programs or services funded accordance with the cost accounting
under this part. If an organization conducts requirements applicable to Supportive Housing
such activities, the activities must be offered Program funds in this part. Sanctuaries, chapels,
separately, in time or location,from the or other rooms that a Supportive Housing
programs or services funded under this part, Program-funded religious congregation uses as
and participation must be voluntary for the its principal place of worship, however, are
beneficiaries of the HUD-funded programs or ineligible for Supportive Housing
services. Program-funded improvements. Disposition of
(3) A religious organization that real property after the term of the grant, or any
participates in the Supportive Housing Program change in use of the property during the term of
will retain its independence from Federal, State, the grant, is subject to government-wide
and local governments, and may continue to regulations governing real property disposition
carry out its mission, including the definition, (see 24 CFR parts 84 and 85).
practice, and expression of its religious beliefs, (6) If a State or local government voluntarily
provided that it does not use direct Supportive contributes its own funds to supplement
Housing Program funds to support any federally funded activities, the State or local
inherently religious activities, such as worship, government has the option to segregate the
religious instruction, or proselytization. Among Federal funds or commingle them. However, if
other things, faith-based organizations may use the funds are commingled, this section applies
space in their facilities to provide Supportive to all of the commingled funds.
Housing Program-funded services, without (c) Participant control of site. Where an
removing religious art, icons, scriptures, or applicant does not propose to have control of a
other religious symbols. In addition, a site or sites but rather proposes to assist a
Supportive Housing Program-funded religious homeless family or individual in obtaining a
organization retains its authority over its internal lease, which may include assistance with rent
governance, and it may retain religious terms in payments and receiving supportive services,
its organization's name, select its board after which time the family or individual remains
members on a religious basis, and include in the same housing without further assistance
religious references in its organization's mission under this part, that applicant may not request
statements and other governing documents. assistance for acquisition, rehabilitation, or new
(4) An organization that participates in the construction.
Supportive Housing Program shall not, in [58 FR 13871,Mar.15,1993,as amended at 59 FR 36892,July 19,
1993;68 FR 56407,Sept.30,2003]
providing program assistance, discriminate
against a program beneficiary or prospective § 583.155 Consolidated plan.
program beneficiary on the basis of religion or
religious belief. (a) Applicants that are States or units of
(5) Program funds may not be used for the general local government. The applicant must
acquisition, construction, or rehabilitation of have a HUD-approved complete or abbreviated
structures to the extent that those structures consolidated plan, in accordance with 24 CFR
are part 91, and
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16D5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.230
must submit a certification that the application section 426 of the McKinney Act(42
for funding is consistent with the HUD-approved U.S.C. 11386) and the guidelines, rating
consolidated plan. Funded applicants must criteria, and procedures published in
certify in a grant agreement that they are the NOFA.
following the HUD-approved consolidated plan.
[61 FR 51176,Sept.30,1996]
(b) Applicants that are not States or units
of general local government. The applicant must § 583.230 Environmental review.
submit a certification by the jurisdiction in which (a)Activities under this part are subject to HUD
the proposed project will be located that the
applicant's application for funding is consistent environmental regulations in part 58 of this title,
with the jurisdiction's HUD-approved except that HUD will perform an environmental
consolidated plan. The certification must be review in accordance with part 50 of this title
made by the unit of general local government or prior to its approval of any conditionally selected
the State, in accordance with the consistency applications for Fiscal Year 2000 and prior years
certification provisions of the consolidated plan that were received directly from private
regulations, 24 CFR part 91, subpart F. nonprofit entities and governmental entities with
(c) Indian tribes and the Insular Areas of special or limited purpose powers. For activities
Guam, the U.S. Virgin Islands, American Samoa, under a grant that generally would be subject to
and the Northern Mariana Islands. These review under part 58, HUD may make a finding
entities are not required to have a consolidated in accordance with § 58.11(d) and may itself
plan or to make consolidated plan certifications. perform the environmental review under the
provisions of part 50 of this title if the recipient
An application by an Indian tribe or other objects in writing to the responsible entity's
applicant for a project that will be located on a performing the review under part 58.
reservation of an Indian tribe will not require a Irrespective of whether the responsible entity in
certification by the tribe or the State. However, accord with part 58 (or HUD in accord with part
where an Indian tribe is the applicant for a
project that will not be located on a reservation, 50) performs the environmental review, the
the requirement for a certification under recipient shall supply all available, relevant
paragraph (b) of this section will apply. information necessary for the responsible entity
(d) Timing of consolidated plan certification (or HUD, if applicable)to perform for each
submissions. Unless otherwise set forth in the property any environmental review required by
NOFA, the required certification that the this part. The recipient also shall carry out
application for funding is consistent with the mitigating measures required by the responsible
HUD-approved consolidated plan must be entity(or HUD, if applicable)or select alternate
submitted by the funding application submission eligible property. HUD may eliminate from
deadline announced in the NOFA. consideration any application that would require
an Environmental Impact Statement(EIS).
[60 FR 16380,Mar.30,1995] (b) The recipient, its project partners and
their contractors may not acquire, rehabilitate,
convert, lease, repair, dispose of, demolish or
Subpart CLApplication and Grant construct property for a project under this part,
Award Process or commit or expend HUD or local funds for
§ 583.200 Application and grant award. such eligible activities under this part, until the
responsible entity(as defined in § 58.2 of this
When funds are made available for assistance, title) has completed the environmental review
HUD will publish a notice of funding availability procedures required by part 58 and the
environmental certification and RROF have been
(NOFA) in the FEDERAL REGISTER, in
approved or HUD has performed an
accordance with the requirements of 24 CFR
part 4. HUD will review and screen applications environmental review under part 50 and the
in accordance with the requirements in recipient has received HUD approval of the
property. HUD will not
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16Ds
§ 583.235 24 CFR Ch.V(4i1c09 Edition)
release grant funds if the recipient or unacceptably slow expenditure of funds, or the
any other party commits grant funds recipient has been unsuccessful in assisting
(i.e., incurs any costs or expenditures participants in achieving and maintaining
to be paid or reimbursed with such funds) independent living. In determining the
before the recipient submits and HUD approves recipient's success in assisting participants to
its RROF(where such submission is required). achieve and maintain independent living,
[68 FR 56131,Sept.29,2003] consideration will be given to the level and type
of problems of participants. For recipients with a
§ 583.235 Renewal grants. poor record of success, HUD will also consider
(a) General. Grants made under this part, the recipient's willingness to accept technical
and grants made under subtitles C and D (the assistance and to make changes suggested by
Supportive Housing Demonstration and SAFAH, technical assistance providers. Other factors
respectively)of the Stewart B. McKinney which will affect HUD's decision to approve a
Homeless Assistance Act as in effect before renewal request include the following: a
October 28, 1992, may be renewed on a continuing history of inadequate financial
noncompetitive basis to continue ongoing management accounting practices, indications
leasing, operations, and supportive services for of mismanagement on the part of the recipient,
additional years beyond the initial funding a drastic reduction in the population served by
period. To be considered for renewal funding for the recipient, program changes made by the
leasing, operating costs, or supportive services, recipient without prior HUD approval, and loss
recipients must submit a request for such of project site.
funding in the form specified by HUD, must (2) HUD reserves the right to reject a
meet the requirements of this part, and must request from any organization with an
submit requests within the time period outstanding obligation to HUD that is in arrears
established by HUD. or for which a payment schedule has not been
(b) Assistance available. The first renewal agreed to, or whose response to an audit
will be for a period of time not to exceed the finding is overdue or unsatisfactory.
difference between the end of the initial funding (3) HUD will notify the recipient in writing
period and ten years from the date of initial that the request has been approved or
occupancy or the date of initial service disapproved.
provision, as applicable. Any subsequent (Approved by the Office of Management and Budget under control
renewal will be for a period of time not to number 250&0112)
exceed five years. Assistance during each year
of the renewal period, subject to maintenance Subpart Dc.Program Requirements
of effort requirements under§ 583.150(a) may § 583.300 General operation.
be for:
(a) State and local requirements. Each
(1) Up to 50 percent of the actual
operating and leasing costs in the final year of recipient of assistance under this part must
the initial funding period; provide housing or services that are in
compliance with all applicable State and local
(2) Up to the amount of HUD assistance for
housing codes, licensing requirements, and any
supportive services in the final year of the initial
funding period; and other requirements in the jurisdiction in which
(3) An allowance for cost increases. the project is located regarding the condition of
the structure and the operation of the housing
(c) HUD review. (1) HUD will review the
or services.
request for renewal and will evaluate the
(b) Habitability standards. Except for such
recipient's performance in previous years
against variations as are proposed by the recipient and
gainst the plans and goals established in the
initial application for assistance, as amended. approved by HUD, supportive housing must
HUD will approve the request for renewal unless meet the following requirements:
the recipient proposes to serve a population (1) Structure and materials. The structures
must be structurally sound so as not to pose
that is not homeless, or the recipient has not
any threat to the health
shown adequate progress as evidenced by an
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16D 5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.300
and safety of the occupants and so as to protect for hearing-impaired persons in each bedroom
the residents from the elements. occupied by a hearing-impaired person.
(2) Access. The housing must be accessible (ii) The public areas of all housing must be
and capable of being utilized without equipped with a sufficient number, but not less
unauthorized use of other private properties. than one for each area, of battery-operated or
Structures must provide alternate means of hard-wired smoke detectors. Public areas
egress in case of fire. include, but are not limited to, laundry rooms,
(3) Space and security. Each resident must community rooms, day care centers, hallways,
be afforded adequate space and security for stairwells, and other common areas.
themselves and their belongings. Each resident (c) Meals. Each recipient of assistance
must be provided under this part who provides supportive housing
an acceptable place to sleep. for homeless persons with disabilities must
(4) Interior air quality. Every room or space provide meals or meal preparation facilities for
must be provided with natural or mechanical residents.
ventilation. Structures must be free of pollutants (d) Ongoing assessment of supportive
in the air at levels that threaten the health of services. Each recipient of assistance under this
residents. part must conduct an ongoing assessment of
(5) Water supply. The water supply must the supportive services required by the
be free from contamination. residents of the project and the availability of
(6) Sanitary facilities. Residents must have such services, and make adjustments as
access to sufficient sanitary facilities that are in appropriate.
proper operating condition, may be used in (e) Residential supervision. Each recipient
privacy, and are adequate for personal of assistance under this part must provide
cleanliness and the disposal of human waste. residential supervision as necessary to facilitate
(7) Thermal environment. The housing the adequate provision of supportive services to
must have adequate heating and/or cooling the residents of the housing throughout the
facilities in proper operating condition. term of the commitment to operate supportive
(8) Illumination and electricity. The housing. Residential supervision may include the
housing must have adequate natural or artificial employment of a full-or part-time residential
illumination to permit normal indoor activities supervisor with sufficient knowledge to provide
and to support the health and safety of or to supervise the provision of supportive
residents. Sufficient electrical sources must be services to the residents.
provided to permit use of essential electrical (f) Participation of homeless persons. (1)
appliances while assuring safety from fire. Each recipient must provide for the participation
(9) Food preparation and refuse disposal. of homeless persons as required in section
All food preparation areas must contain suitable 426(g) of the McKinney Act(42 U.S.C.
space and equipment to store, prepare, and 11386(g)). This requirement is waived if an
serve food in a sanitary manner. applicant is unable to meet it and presents a
(10) Sanitary condition. The housing and plan for HUD approval to otherwise consult with
any equipment must be maintained homeless or formerly homeless persons in
in sanitary condition. considering and making policies and decisions.
(11) Fire safety. (i) Each unit must include See also § 583.330(e).
at least one battery-operated or hard-wired (2) Each recipient of assistance under this
smoke detector, in proper working condition, on part must, to the maximum extent practicable,
each occupied level of the unit. Smoke detectors involve homeless individuals and families,
must be located,to the extent practicable, in a through employment, volunteer services, or
hallway adjacent to a bedroom. If the unit is otherwise, in constructing, rehabilitating,
occupied by hearing-impaired persons, smoke maintaining, and operating the project and
detectors must have an alarm system designed
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16115 5
§ 583.305 24 CFR Ch.V(4111.09 Edition)
in providing supportive services for the project. individuals or families remain in that project
(g) Records and reports. Each recipient of longer than 24 months.
assistance under this part must keep any (k) Outpatient health services. Outpatient
records and make any reports(including those health services provided by the recipient must
pertaining to race, ethnicity, gender, and be approved as appropriate by HUD and the
disability status data) that HUD may require Department of Health and Human Services
within the timeframe required. (HHS). Upon receipt of an application that
(h) Confidentiality. Each recipient that proposes the provision of outpatient health
provides family violence prevention or treatment services, HUD will consult with HHS with respect
services must develop and implement to the appropriateness of the proposed services.
procedures to ensure: (I) Annual assurances. Recipients who
(1) The confidentiality of records pertaining receive assistance only for leasing, operating
to any individual services; and costs or supportive services costs must provide
(2) That the address or location of any an annual assurance for each year such
project assisted will not be made public, except assistance is received that the project will be
with written authorization of the person or operated for the purpose specified in the
persons responsible for the operation of the application.
project.
(i)Termination of housing assistance. The (Approved by the Office of Management and Budget under control
recipient may terminate assistance to a number 38 )
p y [58 FR 1387711,,Mar.15,1993,as amended at 59 FR 36892,July 19,
participant who violates program requirements. 1994;61 FR 51176,Sept.30,1996]
Recipients should terminate assistance only in
the most severe cases. Recipients may resume § 583.305 Term of commitment;
assistance to a participant whose assistance was repayment
previously terminated. In terminating assistance of grants; prevention of undue benefits.
to a participant, the recipient must provide a (a) Term of commitment and conversion.
formal process that recognizes the rights of Recipients must agree to operate the housing or
individuals receiving assistance to due process provide supportive services in accordance with
of law. This process, at a minimum, must this part and with sections 423 (b)(1) and (b)(3)
consist of: of the McKinney Act(42 U.S.C. 11383(b)(1),
(1) Written notice to the participant 11383(b)(3)).
containing a clear statement of the reasons for (b) Repayment of grant and prevention of
termination; undue benefits. In accordance with section
(2) A review of the decision, in which the 423(c) of the McKinney Act(42 U.S.C.
participant is given the opportunity to present 11383(c)), HUD will require recipients to repay
written or oral objections before a person other the grant unless HUD has authorized conversion
than the person (or a subordinate of that of the project under section 423(b)(3) of the
person) who made or approved the termination McKinney Act(42 U.S.C. 11383(b)(3)).
decision; and [61 FR 51176,Sept.30,1996]
(3) Prompt written notice of the final
decision to the participant. § 583.310 Displacement, relocation,and
(j) Limitation of stay in transitional acquisition.
housing. A homeless individual or family may
remain in transitional housing for a period (a) Minimizing displacement. Consistent
longer than 24 months, if permanent housing with the other goals and objectives of this part,
for the individual or family has not been located recipients must assure that they have taken all
or if the individual or family requires additional reasonable steps to minimize the displacement
time to prepare for independent living. of persons(families, individuals, businesses,
However, HUD may discontinue assistance for a nonprofit organizations, and farms) as a result
transitional housing project if more than half of of supportive housing assisted under this part.
the homeless
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•
•
160 5
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.310
(b) Relocation assistance for displaced part. The term ''displaced personU includes,
persons. A displaced person (defined in but may not be limited to:
paragraph (f) of this section) must be provided (i)A person that moves permanently from
relocation assistance at the levels described in, the real property after the property owner(or
and in accordance with, the requirements of the person in control of the site) issues a vacate
Uniform Relocation Assistance and Real Property notice, or refuses to renew an expiring lease in
Acquisition Policies Act of 1970 (URA) (42 U.S.C. order to evade the responsibility to provide
460k4655) and implementing regulations at 49 relocation assistance, if the move occurs on or
CFR part 24. after the date the recipient submits to HUD the
(c) Real property acquisition requirements. application or application amendment
The acquisition of real property for supportive designating the project site.
housing is subject to the URA and the (ii)Any person, including a person who
requirements described in 49 CFR part 24, moves before the date described in paragraph
subpart B. (f)(1)(i) of this section, if the recipient or HUD
(d) Responsibility of recipient. (1)The recipient determines that the displacement resulted
must certify (i.e., provide assurance of directly from acquisition, rehabilitation, or
compliance)that it will comply with the URA, demolition for the assisted project.
the regulations at 49 CFR part 24, and the (iii)A tenant-occupant of a dwelling unit
requirements of this section, and must ensure who moves permanently from the
such compliance notwithstanding any third building/complex on or after the date of the
party.s contractual obligation to the recipient to ''initiation of negotiationsu (see paragraph (g)
comply with these provisions. of this section) if the move occurs before the
(2)The cost of required relocation tenant has been provided written notice offering
assistance is an eligible project cost in the same him or her the opportunity to lease and occupy
manner and to the same extent as other project a suitable, decent, safe and sanitary dwelling in
costs. Such costs also may be paid for with local the same building/ complex, under reasonable
public funds or funds available from other terms and conditions, upon completion of the
sources. project. Such reasonable terms and conditions
(3)The recipient must maintain records in must include a monthly rent and estimated
sufficient detail to demonstrate compliance with average monthly utility costs that do not exceed
provisions of this section. the greater of:
(e) Appeals. A person who disagrees with (A)The tenants monthly rent before the
the recipients determination concerning nitiation of negotiations and estimated average
whether the person qualifies as a ''displaced utility costs, or income. If the initial rent is at or
person,L1 or the amount of relocation assistance near the maximum, there must be a reasonable
for which the person is eligible, may file a basis for concluding at the time the project is
written appeal of that determination with the initiated that future rent increases will be
recipient. A low-income person who is modest.
dissatisfied with the recipients determination (iv)A tenant of a dwelling who is required to
on his or her appeal may submit a written relocate temporarily, but does not return to the
request for review of that determination to the building/complex, if either:
HUD field office. (A) A tenant is not offered payment for all
(f) Definition of displaced person. (1) For reasonable out-of-pocket expenses incurred in
purposes of this section, the term ''displaced connection with the temporary relocation, or
persona means a person (family, individual, (B) Other conditions of the temporary
business, nonprofit organization, or farm)that relocation are not reasonable.
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolition for supportive housing projects
assisted under this
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16D5
§ 583.315 24 CFR Ch.V(411209 Edition)
(v) A tenant of a dwelling who moves from of the agreement between the recipient and
the building/complex permanently after he or HUD.
she has been required to move to another unit (h) Definition of project. For purposes of
in the same building/complex, if either: this section, the term ''projecti& means an
(A) The tenant is not offered undertaking paid for in whole or in part with
reimbursement for all reasonable out-of pocket assistance under this part. Two or more
expenses incurred in connection with the move; activities that are integrally related, each
or(B) Other conditions of the move are not essential to the others, are considered a single
reasonable. project, whether or not all component activities
(2) Notwithstanding the provisions of receive assistance under this part.
paragraph (f)(1) of this section, a person does [58 FR 13871,Mar.15,1993,as amended at 59 FR 36892,July 19,
not qualify as a "displaced person" (and is not 1994)
eligible for relocation assistance under the URA
or this section), if: § 583.315 Resident rent.
(i) The person has been evicted for serious (a) Calculation of resident rent. Each
or repeated violation of the terms and resident of supportive housing may be required
conditions of the lease or occupancy agreement, to pay as rent an amount determined by the
violation of applicable Federal, State, or local or recipient which may not exceed the highest of:
tribal law, or other good cause, and HUD (1) 30 percent of the family's monthly
determines that the eviction was not undertaken adjusted income(adjustment factors include the
for the purpose of evading the obligation to number of people in the family, age of family
provide relocation assistance; members, medical expenses and child care
(ii) The person moved into the property expenses). The calculation of the family's
after the submission of the application and, monthly adjusted income must include the
before signing a lease and commencing expense deductions provided in 24 CFR
occupancy,was provided written notice of the 5.611(a), and for persons with disabilities, the
project, its possible impact on the person (e.g., calculation of the family's monthly adjusted
the person may be displaced, temporarily income also must include the disallowance of
relocated, or suffer a rent increase) and the fact earned income as provided in 24 CFR 5.617, if
that the person would not qualify as a applicable;
"displaced person" (or for any assistance (2) 10 percent of the family's monthly
provided under this section), if the project is gross income; or
approved; (3) If the family is receiving payments for
(iii) The person is ineligible under 49 CFR welfare assistance from a public agency and a
24.2(g)(2); or part of the payments, adjusted in accordance
(iv) HUD determines that the person was with the family's actual housing costs, is
not displaced as a direct result of acquisition, specifically designated by the agency to meet
rehabilitation, or demolition for the project. the family's housing costs, the portion of the
(3) The recipient may request, at any time, payment that is designated for housing costs.
HUD's determination of whether a displacement (b) Use of rent. Resident rent may be used
is or would be covered under this section. in the operation of the project or may be
(g) Definition of initiation of negotiations. reserved, in whole or in part, to assist residents
For purposes of determining the formula for of transitional housing in moving to permanent
computing the replacement housing assistance housing.
to be provided to a residential tenant displaced (c) Fees. In addition to resident rent,
as a direct result of privately undertaken recipients may charge residents reasonable fees
rehabilitation, demolition, or acquisition of the for services not paid with grant funds.
real property, the term "initiation of [58 FR 13871,Mar.15,1993,as amended at 59
negotiations" means the execution 2R 36892,July 19,1994;66 FR 6225,Jan.19,
e9 2001]
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l6IJs
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.325
§ 583.320 Site control. of disabled homeless persons, recipients serving
(a) Site control. (1) Where grant funds will a designated populations of disabled homeless
be used for acquisition, rehabilitation, or new persons are required, within the designated
construction to provide supportive housing or population, to comply with these requirements
supportive services, or where grant funds will be for nondiscrimination on the basis of race, color,
used for operating costs of supportive housing, religion, sex, national origin, age, familial status,
or where grant funds will be used to provide and disability.
supportive services except where an applicant (b) Nondiscrimination and equal
will provide services at sites not operated by opportunity requirements. The
the applicant, an applicant must demonstrate nondiscrimination and equal opportunity
site control before HUD will execute a grant requirements set forth at part 5 of this title
agreement(e.g., through a deed, lease, apply to this program. The Indian Civil Rights
executed contract of sale). If such site control is Act(25 U.S.C. 1301 et seq.) applies to tribes
not demonstrated within one year after initial when they exercise their powers of
notification of the award of assistance under self-government, and to Indian housing
this part,the grant will be deobligated as authorities (IHAs) when established by the
provided in paragraph (c) of this section. exercise of such powers. When an IHA is
(2) Where grant funds will be used to lease established under State law,the applicability of
all or part of a structure to provide supportive the Indian Civil Rights Act will be determined on
housing or supportive services, or where grant a case-by-case basis. Projects subject to the
funds will be used to lease individual housing Indian Civil Rights Act must be developed and
units for homeless persons who will eventually operated in compliance with its provisions and
control the units, site control need not be all implementing HUD requirements, instead of
demonstrated. title VI and the Fair Housing Act and their
(b) Site change. (1)A recipient may obtain implementing regulations.
ownership or control of a suitable site different (c) Procedures. (1) If the procedures that
from the one specified in its application. the recipient intends to use to make known the
Retention of an assistance award is subject to availability of the supportive housing are
the new siteis meeting all requirements under unlikely to reach persons of any particular race,
this part for suitable sites. color, religion, sex, age, national origin, familial
(2) If the acquisition, rehabilitation, status, or handicap who may qualify for
acquisition and rehabilitation, or new admission to the housing, the recipient must
construction costs for the substitute site are establish additional procedures that will ensure
greater than the amount of the grant awarded that such persons can obtain information
for the site specified in the application, the concerning availability of the housing.
recipient must provide for all additional costs. If (2) The recipient must adopt procedures to
the recipient is unable to demonstrate to HUD make available information on the existence and
that it is able to provide for the difference in locations of facilities and services that are
costs, HUD may deobligate the award of accessible to persons with a handicap and
assistance. maintain evidence of implementation of the
(c) Failure to obtain site control within one procedures.
year. HUD will recapture or deobligate any (d) Accessibility requirements. The
award for assistance under this part if the recipient must comply with the new construction
recipient is not in control of a suitable site accessibility requirements of the Fair Housing
before the expiration of one year after initial Act and section 504 of the Rehabilitation Act of
notification of an award. 1973, and the reasonable accommodation and
rehabilitation accessibility requirements of
§ 583.325 Nondiscrimination and equal section 504 as follows:
opportunity requirements. (1) All new construction must meet the
(a) General. Notwithstanding the permissibility accessibility requirements of 24
of proposals that serve designated population
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16B5
§ 583.330 24 CFR Ch.V(4a209 Edition)
CFR 8.22 and, as applicable, 24 CFR 100.205. entities, and OMB circular Nos. A-110 (Grants
(2) Projects in which costs of rehabilitation and Cooperative Agreements with Institutions of
are 75 percent or more of the replacement cost Higher Education, Hospitals, and Other
of the building must meet the requirements of Nonprofit Organizations) and A-122 (Cost
24 CFR 8.23(a). Other rehabilitation must meet Principles Applicable to Grants, Contracts and
the requirements of 24 CFR 8.23(b). Other Agreements with Nonprofit Institutions)
[58 FR 13871,Mar.15,1993,as amended at 59 apply to the acceptance and use of assistance
FR 33894,June 30,1994;61 FR 5210,Feb.9,1996;61 FR 51176, by private nonprofit organizations, except where
Sept.30,1996] inconsistent with the provisions of the McKinney
Act, other Federal statutes, or this part. (Copies
§ 583.330 Applicability of other Federal of OMB Circulars may be obtained from E.O.P.
requirements. Publications, room 2200, New Executive Office
Building, Washington, DC 20503,telephone
In addition to the requirements set forth in (202) 395-7332. (This is not a toll-free number.)
24 CFR part 5, use of assistance provided under There is a limit of two free copies.
this part must comply with the following Federal (d) Lead-based paint. The Lead-Based
requirements: Paint Poisoning Prevention Act(42 U.S.C.
(a) Flood insurance. (1)The Flood Disaster 4821-4846), the Residential Lead- Based Paint
Protection Act of 1973 (42 U.S.C. 4001L4128) Hazard Reduction Act of 1992 (42 U.S.C.
prohibits the approval of applications for 4851-4856), and implementing regulations at
assistance for acquisition or construction part 35, subparts A, B,J, K, and R of this title
(including rehabilitation)for supportive housing apply to activities under this program.
located in an area identified by the Federal (e) Conflicts of interest. (1) In addition to
Emergency Management Agency(FEMA) as the conflict of interest requirements in 24 CFR
having special flood hazards, unless: part 85, no person who is an employee, agent,
(i) The community in which the area is consultant, officer, or elected or appointed
situated is participating in the National Flood official of the recipient and who exercises or has
Insurance Program (see 44 CFR parts 59 exercised any functions or responsibilities with
through 79), or less than a year has passed respect to assisted activities, or who is in a
since FEMA notification regarding such hazards; position to participate in a decisionmaking
and process or gain inside information with regard
(ii) Flood insurance is obtained as a to such activities, may obtain a personal or
condition of approval of the application. financial interest or benefit from the activity, or
(2) Applicants with supportive housing have an interest in any contract, subcontract, or
located in an area identified by FEMA as having agreement with respect thereto, or the proceeds
special flood hazards and receiving assistance there under, either for himself or herself or for
for acquisition or construction (including those with whom he or she has family or
rehabilitation) are responsible for assuring that business ties, during his or her tenure or for one
flood insurance under the National Flood year thereafter. Participation by homeless
Insurance Program is obtained and maintained. individuals who also are participants under the
(b) The Coastal Barrier Resources Act of program in policy or decisionmaking under§
1982 (16 U.S.C. 3501 et seq.) may apply to 583.300(f) does not constitute a conflict of
proposals under this part, depending on the interest.
assistance requested. (2) Upon the written request of the recipient,
(c) Applicability of OMB Circulars. The HUD may grant an exception to the provisions
policies, guidelines, and requirements of OMB of paragraph (e)(1) of this section on a
Circular No. A.87 (Cost Principles Applicable to case-by-case basis when it determines that the
Grants, Contracts and Other Agreements with exception will serve to further the purposes of
State and Local Governments) and 24 CFR part the program and the effective and efficient
85 apply to the award, acceptance, and use of administration of the recipient's
assistance under the program by governmental
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1605
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.405
project. An exception may be considered only (g) Davis-Bacon Act. The provisions of the
after the recipient has provided the following: Davis-Bacon Act do not apply to this program.
(i) For States and other governmental [58 FR 13871,Mar.15,1993,as amended at 61
entities, a disclosure of the nature of the FR 5211,Feb.9,1996;64 FR 50226,Sept.15,
conflict, accompanied by an assurance that 1999]
there has been public disclosure of the conflict Subpart EcAdministration
and a description of how the public disclosure
was made; and § 583.400 Grant agreement.
(ii) For all recipients, an opinion of the (a) General. The duty to provide supportive
recipient's attorney that the interest for which housing or supportive services in accordance
the exception is sought would not violate State with the requirements of this part will be
or local law. incorporated in a grant agreement executed by
(3) In determining whether to grant a HUD and the recipient.
requested exception after the recipient has (b) Enforcement. HUD will enforce the
satisfactorily met the requirement of paragraph obligations in the grant agreement through such
(e)(2) of this section, HUD will consider the action as may be appropriate, including
cumulative effect of the following factors, where repayment of funds that have already been
applicable: disbursed to the recipient.
(i) Whether the exception would provide a
significant cost benefit or an essential degree of § 583.405 Program changes.
expertise to the project which would otherwise
not be available; (a) HUD approval. (1)A recipient may not
(ii) Whether the person affected is a make any significant changes to an approved
member of a group or class of eligible persons program without prior HUD approval. Significant
and the exception will permit such person to changes include, but are not limited to, a
receive generally the same interests or benefits change in the recipient, a change in the project
as are being made available or provided to the site, additions or deletions in the types of
group or class; activities listed in § 583.100 of this part
(iii) Whether the affected person has approved for the program or a shift of more
withdrawn from his or her functions or than 10 percent of funds from one approved
responsibilities, or the decisionmaking process type of activity to another, and a change in the
with respect to the specific assisted activity in category of participants to be served.
question; Depending on the nature of the change, HUD
(iv) Whether the interest or benefit was may require a new certification of consistency
present before the affected person was in a with the consolidated plan (see § 583.155).
position as described in paragraph (e)(1) of this (2) Approval for changes is contingent
section; upon the application ranking remaining high
(v) Whether undue hardship will result enough after the approved change to have been
either to the recipient or the person affected competitively selected for funding in the year
when weighed against the public interest served the application was selected.
by avoiding the prohibited conflict; and (b) Documentation of other changes. Any
(vi) Any other relevant considerations. changes to an approved program that do not
(f) Audit. The financial management require prior HUD approval must be fully
systems used by recipients under this program documented in the recipienti.s records.
must provide for audits in accordance with 24
CFR part 44 or part 45, as applicable. HUD may [58 FR 13871,Mar.15,1993,as amended at 61 FR 51176,Sept.30,
P P PP y 1996]
perform or require additional audits as it finds
necessary or appropriate.
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16D5
§ 583.410 24 CFR Ch.V(4Z1209 Edition)
§ 583.410 Obligation and deobligation of
funds.
(a) Obligation of funds. When HUD and the
applicant execute a grant agreement, funds are
obligated to cover the amount of the approved
assistance under subpart B of this part. The
recipient will be expected to carry out the
supportive housing or supportive services
activities as proposed in the application.
(b) Increases. After the initial obligation of
funds, HUD will not make revisions to increase
the amount obligated.
(c) Deobligation. (1) HUD may deobligate
all or parts of grants for acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction:
(i) If the actual total cost of acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction is less than the total cost
anticipated in the application; or
(ii) If proposed activities for which funding
was approved are not begun within three
months or residents do not begin to occupy the
facility within nine months after grant execution.
(2) HUD may deobligate the amounts for
annual leasing costs, operating costs or
supportive services in any year:
(i) If the actual leasing costs, operating
costs or supportive services for that year are
less than the total cost anticipated in the
application; or
(ii) If the proposed supportive housing
operations are not begun within three months
after the units are available for occupancy.
(3) The grant agreement may set forth in
detail other circumstances under which funds
may be deobligated, and other sanctions may
be imposed.
(4) HUD may:
(i) Readvertise the availability of funds that
have been deobligated under this section in a
notice of fund availability under§ 583.200, or
(ii) Award deobligated funds to applications
previously submitted in response to the most
recently published notice of fund availability,
and in accordance with subpart C of this part.
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