1、203 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 574.3 573.11 Record access and record-keeping. Records pertaining to the loans made by the Financial Institution shall be held for the life of the loan. A lender with a Section 4 Guaranteed Loan shall allow HUD, the Comptroller General of the Un
2、ited States, and their authorized representatives access from time to time to any documents, papers or files which are pertinent to the guaranteed loan, and to inspect and make copies of such records which relate to any Sec-tion 4 Loan. Any inspection will be made during the lenders regular busi-nes
3、s hours or any other mutually con-venient time. PART 574HOUSING OPPORTUNI-TIES FOR PERSONS WITH AIDS Subpart AGeneral Sec. 574.3 Definitions. Subpart BFormula Entitlements 574.100 Eligible applicants. 574.110 Overview of formula allocations. 574.120 Responsibility of applicant to serve EMSA. 574.130
4、 Formula allocations. 574.190 Reallocation of grant amounts. Subpart CCompetitive Grants 574.200 Amounts available for competitive grants. 574.210 Eligible applicants. 574.240 Application requirements. 574.260 Amendments. Subpart DUses of Grant Funds 574.300 Eligible activities. 574.310 General stan
5、dards for eligible hous-ing activities. 574.320 Additional standards for rental as-sistance. 574.330 Additional standards for short-term supported housing. 574.340 Additional standards for community residences. Subpart ESpecial Responsibilities of Grantees and Project Sponsors 574.400 Prohibition of
6、 substitution of funds. 574.410 Capacity. 574.420 Cooperation. 574.430 Fee prohibitions. 574.440 Confidentiality. 574.450 Financial records. Subpart FGrant Administration 574.500 Responsibility for grant administra-tion. 574.510 Environmental procedures and standards. 574.520 Performance reports. 57
7、4.530 Recordkeeping. 574.540 Deobligation of funds. Subpart GOther Federal Requirements 574.600 Cross-reference. 574.603 Nondiscrimination and equal oppor-tunity. 574.605 Applicability of OMB circulars. 574.625 Conflict of interest. 574.630 Displacement, relocation and real property acquisition. 574
8、.635 Lead-based paint. 574.640 Flood insurance protection. 574.645 Coastal barriers. 574.650 Audit. 574.655 Wage rates. AUTHORITY: 42 U.S.C. 3535(d) and 12901 12912. SOURCE: 57 FR 61740, Dec. 28, 1992, unless otherwise noted. Subpart AGeneral 574.3 Definitions. The terms Grantee and Secretary are de
9、fined in 24 CFR part 5. Acquired immunodeficiency syndrome (AIDS) or related diseases means the dis-ease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome, including infection with the human immuno-deficiency virus (HIV).
10、Administrative costs mean costs for general management, oversight, co-ordination, evaluation, and reporting on eligible activities. Such costs do not include costs directly related to car-rying out eligible activities, since those costs are eligible as part of the activity delivery costs of such act
11、ivi-ties. Applicant means a State or city ap-plying for a formula allocation as de-scribed under 574.100 or a State, unit of general local government, or a non-profit organization applying for a com-petitive grant as described under 574.210. City has the meaning given it in sec-tion 102(a) of the Ho
12、using and Commu-nity Development Act of 1974 (42 U.S.C. 5302). VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from
13、IHS-,-,-204 24 CFR Ch. V (4110 Edition) 574.3 Eligible Metropolitan Statistical Area (EMSA) means a metropolitan statis-tical area that has a population of more than 500,000 and has more than 1,500 cumulative cases of AIDS. Eligible person means a person with acquired immunodeficiency syndrome or re
14、lated diseases who is a low-income individual, as defined in this section, and the persons family. A person with AIDS or related diseases or a family member regardless of income is eligible to receive housing information serv-ices, as described in 574.300(b)(1). Any person living in proximity to a c
15、ommu-nity residence is eligible to participate in that residences community out-reach and educational activities re-garding AIDS or related diseases, as provided in 574.300(b)(9). Eligible State means a State that has: (1) More than 1,500 cumulative cases of AIDS in those areas of the State outside
16、of eligible metropolitan statis-tical areas that are eligible to be fund-ed through a qualifying city; and (2) A consolidated plan prepared, sub-mitted, and approved in accordance with 24 CFR part 91 that covers the as-sistance to be provided under this part. (A State may carry out activities any-wh
17、ere in the State, including within an EMSA.) Family means a household composed of two or more related persons. The term family also includes one or more eligible persons living with another person or persons who are determined to be important to their care or well being, and the surviving member or
18、members of any family described in this definition who were living in a unit assisted under the HOPWA pro-gram with the person with AIDS at the time of his or her death. Low-income individual has the mean-ing given it in section 853(3) of the AIDS Housing Opportunity Act (42 U.S.C. 12902). Metropoli
19、tan statistical area has the meaning given it in section 853(5) of the AIDS Housing Opportunity Act (42.U.S.C. 12902). Nonprofit organization means any non-profit organization (including a State or locally chartered, nonprofit organi-zation) that: (1) Is organized under State or local laws; (2) Has
20、no part of its net earnings in-uring to the benefit of any member, founder, contributor, or individual; (3) Has a functioning accounting sys-tem that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and
21、 (4) Has among its purposes signifi-cant activities related to providing services or housing to persons with ac-quired immunodeficiency syndrome or related diseases. Non-substantial rehabilitation means rehabilitation that involves costs that are less than or equal to 75 percent of the value of the
22、building after rehabili-tation. Population means total resident popu-lation based on data compiled by the U.S. Census and referable to the same point in time. Project sponsor means any nonprofit organization or governmental housing agency that receives funds under a con-tract with the grantee to car
23、ry out eli-gible activities under this part. The se-lection of project sponsors is not sub-ject to the procurement requirements of 24 CFR 85.36. Qualifying city means a city that is the most populous unit of general local government in an eligible metropolitan statistical area (EMSA) and that has a
24、consolidated plan prepared, submitted, and approved in accordance with 24 CFR part 91 that covers the assistance to be provided under this part. Rehabilitation means the improve-ment or repair of an existing structure, or an addition to an existing structure that does not increase the floor area by
25、more than 100 percent. State has the meaning given it in sec-tion 853(9) of the AIDS Housing Oppor-tunity Act (42 U.S.C. 12902). Substantial rehabilitation means reha-bilitation that involves costs in excess of 75 percent of the value of the build-ing after rehabilitation. Unit of general local gove
26、rnment means any city, town, township, parish, coun-ty, village, or other general purpose po-litical subdivision of a State; Guam, the Northern Mariana Islands, the Vir-gin Islands, American Samoa, the Fed-erated States of Micronesia and Palau, VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000
27、Frm 00214 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-205 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 574.130 the Marshall Islands, or a general pur-pose pol
28、itical subdivision thereof; and any agency or instrumentality thereof that is established pursuant to legisla-tion and designated by the chief execu-tive to act on behalf of the jurisdiction with regard to provisions of the Na-tional Affordable Housing Act. 57 FR 61740, Dec. 28, 1992, as amended at
29、59 FR 17199, Apr. 11, 1994; 60 FR 1917, Jan. 5, 1995; 61 FR 5209, Feb. 9, 1996; 61 FR 7963, Feb. 29, 1996 Subpart BFormula Entitlements 574.100 Eligible applicants. (a) Eligible States and qualifying cit-ies, as defined in 574.3, qualify for for-mula allocations under HOPWA. (b) HUD will notify elig
30、ible States and qualifying cities of their formula eligibility and allocation amounts and EMSA service areas annually. 57 FR 61740, Dec. 28, 1992, as amended at 59 FR 17199, Apr. 11, 1994; 60 FR 1917, Jan. 5, 1995 574.110 Overview of formula alloca-tions. The formula grants are awarded upon submissi
31、on and approval of a consoli-dated plan, pursuant to 24 CFR part 91, that covers the assistance to be pro-vided under this part. Certain states and cities that are the most populous unit of general local government in eli-gible metropolitan statistical areas will receive formula allocations based on
32、 their State or metropolitan popu-lation and proportionate number of cases of persons with AIDS. They will receive funds under this part (providing they comply with 24 CFR part 91) for eligible activities that address the housing needs of persons with AIDS or related diseases and their families (see
33、 574.130(b). 61 FR 7963, Feb. 29, 1996 574.120 Responsibility of applicant to serve EMSA. The EMSAs applicant shall serve eli-gible persons who live anywhere within the EMSA, except that housing assist-ance shall be provided only in local-ities within the EMSA that have a con-solidated plan prepared
34、, submitted, and approved in accordance with 24 CFR part 91 that covers the assistance to be provided under this part. In allocating grant amounts among eligible activi-ties, the EMSAs applicant shall ad-dress needs of eligible persons who re-side within the metropolitan statis-tical area, including
35、 those not within the jurisdiction of the applicant. 60 FR 1917, Jan. 5, 1995 574.130 Formula allocations. (a) Data sources. HUD will allocate funds based on the number of cases of acquired immunodeficiency syndrome reported to and confirmed by the Di-rector of the Centers for Disease Con-trol, and
36、on population data provided by the U.S. Census. The number of cases of acquired immunodeficiency syndrome used for this purpose shall be the number reported as of March 31 of the fiscal year immediately preceding the fiscal year for which the amounts are appropriated and allocated. (b) Distribution
37、of appropriated funds for entitlement awards. (1) Seventy-five percent of the funds allocated under the formula is distributed to qualifying cities and eligible States, as described in 574.100, based on each metropolitan statistical areas or States propor-tionate share of the cumulative num-ber of A
38、IDS cases in all eligible metro-politan statistical areas and eligible States. (2) The remaining twenty-five per-cent is allocated among qualifying cit-ies, but not States, where the per cap-ita incidence of AIDS for the year, April 1 through March 31, preceding the fiscal year of the appropriation
39、is high-er than the average for all metropoli-tan statistical areas with more than 500,000 population. Each qualifying citys allocation reflects its EMSAs proportionate share of the high inci-dence factor among EMSAs with high-er than average per capita incidence of AIDS. The high incidence factor i
40、s computed by multiplying the popu-lation of the metropolitan statistical area by the difference between its twelve-month-per-capita-incidence rate and the average rate for all metropoli-tan statistical areas with more than 500,000 population. The EMSAs propor-tionate share is determined by dividing
41、 its high incidence factor by the sum of the high incidence factors for all VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:SGML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without
42、license from IHS-,-,-206 24 CFR Ch. V (4110 Edition) 574.190 EMSAs with higher than average per capita incidence of AIDS. (c) Minimum grant. No grant awarded under paragraph (b) of this section shall be less than $200,000. Therefore, if the calculations under paragraph (b) of this section would resu
43、lt in any eligi-ble metropolitan statistical area or eli-gible State receiving less than $200,000, the amount allocated to that entity is increased to $200,000 and allocations to entities in excess of $200,000 are propor-tionately reduced by the amount of the increase. 574.190 Reallocation of grant
44、amounts. If an eligible State or qualifying city does not submit a consolidated plan in a timely fashion, in accordance with 24 CFR part 91, that provides for use of its allocation of funding under this part, the funds allocated to that jurisdiction will be added to the funds available for formula a
45、llocations to other jurisdic-tions in the current fiscal year. Any formula funds that become available as a result of deobligations or the imposi-tion of sanctions as provided for in 574.540 will be added to the funds available for formula allocations in the next fiscal year. 57 FR 61740, Dec. 28, 1
46、992, as amended at 60 FR 1918, Jan. 5, 1995 Subpart CCompetitive Grants 574.200 Amounts available for com-petitive grants. (a) The Department will set aside 10 percent of the amounts appropriated under this program to fund on a com-petitive basis: (1) Special projects of national sig-nificance; and
47、(2) Other projects submitted by States and localities that do not qual-ify for formula grants. (b) Any competitively awarded funds that become available as a result of deobligations or the imposition of sanctions, as provided in 574.540, will be added to the funds available for competitive grants in
48、 the next fiscal year. (c) The competitive grants are award-ed based on applications, as described in subpart C of this part, submitted in response to a Notice of Funding Avail-ability published in the FEDERAL REG-ISTER. All States and units of general local government and nonprofit organi-zations a
49、re eligible to apply for com-petitive grants to fund projects of na-tional significance. Only those States and units of general local government that do not qualify for formula alloca-tions are eligible to apply for competi-tive grants to fund other projects. (d) If HUD makes a procedural error in a funding competition that, when corrected, would warrant funding of an otherwise eligible application, HUD will select that application
