1、239 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 582.1 a representative of the homeless pursu-ant to 581.4(f)(4). HUD will advise the agency that it should refrain from ini-tiating disposal procedures until HUD has completed its reconsideration proc-ess regarding unsuitability. Thereafter, or
2、if no appeal has been filed after 20 days, GSA or the appropriate land-holding agency may proceed with dis-posal action in accordance with appli-cable law. 581.12 No applications approved. (a) At the end of the 60 day holding period described in 581.9(a), HHS will notify GSA, or the landholding agen
3、cy, as appropriate, if an expression of in-terest has been received for a par-ticular property. Where there is no ex-pression of interest, GSA or the land-holding agency, as appropriate, will proceed with disposal in accordance with applicable law. (b) Upon advice from HHS that all applications have
4、 been disapproved, or if no completed applications or re-quests for extensions have been re-ceived by HHS within 90 days from the date of the last expression of interest, disposal may proceed in accordance with applicable law. 581.13 Waivers. The Secretary may waive any re-quirement of this part tha
5、t is not re-quired by law, whenever it is deter-mined that undue hardship would re-sult from applying the requirement, or where application of the requirement would adversely affect the purposes of the program. Each waiver will be in writing and will be supported by docu-mentation of the pertinent f
6、acts and grounds. The Secretary periodically will publish notice of granted waivers in the FEDERAL REGISTER. PART 582SHELTER PLUS CARE Subpart AGeneral Sec. 582.1 Purpose and scope. 582.5 Definitions. Subpart BAssistance Provided 582.100 Program component descriptions. 582.105 Rental assistance amou
7、nts and pay-ments. 582.110 Matching requirements. 582.115 Limitations on assistance. 582.120 Consolidated plan. Subpart CApplication and Grant Award 582.200 Application and grant award. 582.230 Environmental review. Subpart DProgram Requirements 582.300 General operation. 582.305 Housing quality sta
8、ndards; rent rea-sonableness. 582.310 Resident rent. 582.315 Occupancy agreements. 582.320 Termination of assistance to partici-pants. 582.325 Outreach activities. 582.330 Nondiscrimination and equal oppor-tunity requirements. 582.335 Displacement, relocation, and real property acquisition. 582.340
9、Other Federal requirements. Subpart EAdministration 582.400 Grant agreement. 582.405 Program changes. 582.410 Obligation and deobligation of funds. AUTHORITY: 42 U.S.C. 3535(d) and 11403 11407b. SOURCE: 58 FR 13892, Mar. 15, 1993, unless otherwise noted. Subpart AGeneral 582.1 Purpose and scope. (a)
10、 General. The Shelter Plus Care program (S+C) is authorized by title IV, subtitle F, of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11403 11407b). S+C is designed to link rental assistance to supportive services for hard-to-serve homeless persons with disabilities (
11、primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families. The program pro-vides grants to be used for rental as-sistance for permanent housing for homeless persons wi
12、th disabilities. Rental assistance grants must be matched in the aggregate by sup-portive services that are equal in value to the amount of rental assistance and appropriate to the needs of the popu-lation to be served. Recipients are cho-sen on a competitive basis nationwide. VerDate Nov2008 07:58
13、Apr 27, 2010 Jkt 220079 PO 00000 Frm 00249 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-,-,-240 24 CFR Ch. V (4110 Edition) 582.5 (b) Components. Rental assistance is pr
14、ovided through four components de-scribed in 582.100. Applicants may apply for assistance under any one of the four components, or a combination. 58 FR 13892, Mar. 15, 1993, as amended at 61 FR 51169, Sept. 30, 1996 582.5 Definitions. The terms Fair Market Rent (FMR), HUD, Public Housing Agency (PHA
15、), In-dian Housing Authority (IHA), and Sec-retary are defined in 24 CFR part 5. As used in this part: Acquired immunodeficiency syndrome (AIDS) and related diseases has the meaning given in section 853 of the AIDS Housing Opportunity Act (42 U.S.C. 12902). Applicant has the meaning given in section
16、 462 of the McKinney Act (42 U.S.C. 11403g). Eligible person means a homeless per-son with disabilities (primarily persons who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have AIDS and related dis-eases) and, if also homeless, the family of such a person. To be
17、 eligible for as-sistance, persons must be very low in-come, except that low-income individ-uals may be assisted under the SRO component in accordance with 24 CFR 813.105(b). Homeless or homeless individual has the meaning given in section 103 of the McKinney Act (42 U.S.C. 11302). Indian tribe has
18、the meaning given in section 102 of the Housing and Commu-nity Development Act of 1974 (42 U.S.C. 5302). Low-income means an annual income not in excess of 80 percent of the me-dian income for the area, as deter-mined by HUD. HUD may establish in-come limits higher or lower than 80 percent of the me
19、dian income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family incomes. Nonprofit organization has the mean-ing given in section 104 of the Cran-ston-Gonzalez National Affordable Housing A
20、ct (42 U.S.C. 12704). The term nonprofit organization also includes a community mental health center es-tablished as a public nonprofit organi-zation. Participant means an eligible person who has been selected to participate in S+C. Person with disabilities means a house-hold composed of one or more
21、 persons at least one of whom is an adult who has a disability. (1) A person shall be considered to have a disability if such person has a physical, mental, or emotional impair-ment which is expected to be of long- continued and indefinite duration; sub-stantially impedes his or her ability to live
22、independently; and is of such a na-ture that such ability could be im-proved by more suitable housing condi-tions. (2) A person will also be considered to have a disability if he or she has a de-velopmental disability, which is a se-vere, chronic disability that (i) Is attributable to a mental or ph
23、ysical impairment or combination of mental and physical impairments; (ii) Is manifested before the person attains age 22; (iii) Is likely to continue indefi-nitely; (iv) Results in substantial functional limitations in three or more of the fol-lowing areas of major life activity: (A) Self-care; (B)
24、Receptive and expressive lan-guage; (C) Learning; (D) Mobility; (E) Self-direction; (F) Capacity for independent living; and (G) Economic self-sufficiency; and (v) Reflects the persons need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services wh
25、ich are of lifelong or extended duration and are individually planned and coordinated. (3) Notwithstanding the preceding provisions of this definition, the term person with disabilities includes, except in the case of the SRO component, two or more persons with disabilities living together, one or m
26、ore such persons liv-ing with another person who is deter-mined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:S
27、GML220079.XXX 220079WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-241 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 582.100 who were living, in a unit assisted under this part, with the deceased member o
28、f the household at the time of his or her death. (In any event, with re-spect to the surviving member or mem-bers of a household, the right to rental assistance under this part will termi-nate at the end of the grant period under which the deceased member was a participant.) Recipient means an appli
29、cant ap-proved to receive a S+C grant. Seriously mentally ill has the meaning given in section 462 of the McKinney Act (42 U.S.C. 11403g). Single room occupancy (SRO) housing means a unit for occupancy by one per-son, which need not but may contain food preparation or sanitary facilities, or both. S
30、ponsor means a nonprofit organiza-tion which owns or leases dwelling units and has contracts with a recipi-ent to make such units available to eli-gible homeless persons and receives rental assistance payments under the SRA component. State has the meaning given in sec-tion 462 of the McKinney Act (
31、42 U.S.C. 11403g). Supportive service provider, or service provider, means a person or organiza-tion licensed or otherwise qualified to provide supportive services, either for profit or not for profit. Supportive services means assistance that (1) Addresses the special needs of eli-gible persons; an
32、d (2) Provides appropriate services or assists such persons in obtaining ap-propriate services, including health care, mental health treatment, alcohol and other substance abuse services, child care services, case management services, counseling, supervision, edu-cation, job training, and other serv
33、ices essential for achieving and maintain-ing independent living. (Inpatient acute hospital care does not qualify as a supportive service.). Unit of general local government has the meaning given in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). Very low-income me
34、ans an annual in-come not in excess of 50 percent of the median income for the area, as deter-mined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variat
35、ions are necessary be-cause of unusually high or low family incomes. 61 FR 51169, Sept. 30, 1996; 62 FR 13539, Mar. 21, 1997 Subpart BAssistance Provided 582.100 Program component descrip-tions. (a) Tenant-based rental assistance (TRA). Tenant-based rental assistance provides grants for rental assis
36、tance which permit participants to choose housing of an appropriate size in which to reside. Participants retain the rent-al assistance if they move. Where nec-essary to facilitate the coordination of supportive services, grant recipients may require participants to live in a specific area for their
37、 entire period of participation or in a specific structure for the first year and in a specific area for the remainder of their period of participation. Recipients may not de-fine the area in a way that violates the Fair Housing Act or the Rehabilitation Act of 1973. The term of the grant be-tween H
38、UD and the grant recipient for TRA is five years. (b) Project-based rental assistance (PRA). Project-based rental assistance provides grants for rental assistance to the owner of an existing structure, where the owner agrees to lease the subsidized units to participants. Par-ticipants do not retain
39、rental assist-ance if they move. Rental subsidies are provided to the owner for a period of ei-ther five or ten years. To qualify for ten years of rental subsidies, the owner must complete at least $3,000 of eligible rehabilitation for each unit (including the units prorated share of work to be acco
40、mplished on common areas or sys-tems), to make the structure decent, safe and sanitary. This rehabilitation must be completed with in 12 months of the grant award. (c) Sponsor-based rental assistance (SRA). Sponsor-based rental assistance provides grants for rental assistance through contracts betwe
41、en the grant recipient and sponsor organizations. A VerDate Nov2008 07:58 Apr 27, 2010 Jkt 220079 PO 00000 Frm 00251 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-,-,-242
42、 24 CFR Ch. V (4110 Edition) 582.105 sponsor may be a private, nonprofit or-ganization or a community mental health agency established as a public nonprofit organization. Participants reside in housing owned or leased by the sponsor. The term of the grant be-tween HUD and the grant recipient for SRA
43、 is five years. (d) Moderate rehabilitation for single room occupancy dwellings (SRO). (1) The SRO component provides grants for rental assistance in connection with the moderate rehabilitation of single room occupancy housing units. Re-sources to initially fund the cost of re-habilitating the dwell
44、ings must be ob-tained from other sources. However, the rental assistance covers operating expenses of the rehabilitated SRO units occupied by homeless persons, includ-ing debt service to retire the cost of the moderate rehabilitation over a ten- year period. (2) SRO housing must be in need of moder
45、ate rehabilitation and must meet the requirements of 24 CFR 882.803(a). Costs associated with rehabilitation of common areas may be included in the calculation of the cost for assisted units based on the proportion of the number of units to be assisted under this part to the total number of units. (
46、3) SRO assistance may also be used for efficiency units selected for reha-bilitation under this program, but the gross rent (contract rent plus any util-ity allowance) for those units will be no higher than for SRO units (i.e., 75 percent of the 0-bedroom Moderate Re-habilitation Fair Market Rent).
47、(4) The requirements regarding main-tenance, operation, and inspections de-scribed in 24 CFR 882.806(b)(4) and 882.808(n) must be met. (5) Governing regulations. Except where there is a conflict with any re-quirement under this part or where specifically provided, the SRO compo-nent will be governed
48、 by the regula-tions set forth in 24 CFR part 882, sub-part H. 582.105 Rental assistance amounts and payments. (a) Eligible activity. S+C grants may be used for providing rental assistance for housing occupied by participants in the program and administrative costs as provided for in paragraph (e) o
49、f this section, except that the housing may not be currently receiving Federal funding for rental assistance or oper-ating costs under other HUD programs. Recipients may design a housing pro-gram that includes a range of housing types with differing levels of sup-portive services. Rental assistance may include security deposits on units in an amount up to one months rent. (b) Amount of the grant. The amount of the grant is based on the number and size of un
