HomeMy WebLinkAboutPR 23188: HOME-ARP TENANT BASED RENTAL ASSISTANCE POLICY AND PROCEDURE GUIDELINES of
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INTEROFFICE MEMORANDUM
Date: June 6, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Pam Langford, Assistant City Manager- Operations
RE: P. R. #23188
Introduction:
The intent of this Agenda Item is to seek the City Council's approval of P. R. #23188 for the
2021 Home Investment Partnerships American Rescue Plan Program(HOME-ARP) Tenant-
Based Rental Assistance (TBRA)Policy and Procedure guidelines.
Background of the HOME-ARP Grant:
The Department of Housing and Urban Development allocated$1,000,453.00 to the City of Port
Arthur to address the needs of the homeless and to increase housing stability for very low-
income families.
Resolution#23-074 allocated $375,368.00 of HOME-ARP funding to Tender Loving Care Dba
Legacy Community Development Corporation to administer a Tenant-Based Rental Assistance
Program to individuals and families that meet one of the Qualifying Populations of homeless, at
risk of homelessness, fleeing, or attempting to flee domestic violence, dating violence, sexual
assault, stalking or human trafficking, veterans, and other population where providing supportive
services or assistance would prevent homelessness.
TBRA funding may be used to provide rental assistance, security deposit assistance, utility
deposits, and utility payments to qualifying households. HOME-ARP may pay up to 100% of
these costs for a qualifying household.
Budget Impact:
The 2021 HOME-ARP is the funding source.
Recommendation:
It is recommended that City Council approve P. R. #23188.
P. R. #23188
05/23/2023 M. Essex
Page 1 of 3
RESOLUTION NUMBER
A RESOLUTION APPROVING THE TENANT-BASED RENTAL ASSISTANCE (TBRA)
POLICY AND PROCEDURES FOR THE 2021 HOME INVESTMENT PARTNERSHIPS
AMERICAN RESCUE PLAN PROGRAM(HOME-ARP) FUNDING FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
WHEREAS, The Department of Housing and Urban Development allocated
$1,000,453.00 to Port Arthur for the 2021 HOME Investment Partnerships American Rescue
Plan Program (HOME-ARP); and,
WHEREAS,Resolution#23-074 allocated $375,368.00 to Tender Loving Care Dba
Legacy Community Development Corporation to administer the Tenant-Based Rental Assistance
Program; and,
WHEREAS,the HOME-ARP Tenant-Based Rental Assistance Policy and Procedures
establish the guidelines for the use of HOME-ARP funds for rental assistance, security deposit
assistance, utility deposits, and utility payments to qualifying households in accordance with
Notice: CPD-21-10, see Attachment"A"and,
WHEREAS, the City Council must designate an official to sign all documents
concerning the TBRA Policies and Procedures for the 2021 HOME-ARP program, Attachment
«B „
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR,TEXAS:
THAT the proposed TBRA Policies and Procedures for the 2021 HOME-ARP Grant are hereby
approved and adopted by the City Council of Port Arthur to assure compliance with the CPD-21-10
Notice.
THAT the City Manager is designated to sign all documents in connection with the TBRA Policy
and Procedure guidelines and,
THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council.
READ,ADOPTED,AND APPROVED this day of
A. D.,2023 at a Regular Meeting of the City Council of the City of Port Arthur,
Texas by the following vote: AYES:
P. R. #23188
05/23/2023 M. Essex
Page 2 of 3
MAYOR
COUNCILMEMBERS
NOES:
Thurman Bill Bartie,Mayor
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APP OVED FOR FORM:
UM-4° kt-Aarei
VAL TIZEN
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON, CITY MANAGER
APPROVED FOR AVAILABILITY OF FUNDS:
i<C>1'
KANDY DANIF , F ANCE DIRECTOR
P. R. #23188
05/23/2023 M. Essex
Page 3 of 3
ATTACHMENT `A"
�*PSMENIV.
°r U.S. Department of Housing and Urban Development
* a
dl * Community Planning p
g and Development
Special Attention of
Notice: CPD-21-10
CPD Division Directors
Issued: September 13, 2021
All HOME Coordinators
All HOME Participating Jurisdictions
Expires: This NOTICE is effective until it is
amended, superseded, or rescinded
Cross Reference: 24 CFR Part 92
Subject: Requirements for the Use of Funds in the Rescue Plan Program HOME-American
Table of Contents
I. PURPOSE ........
.......................................................
II. BACKGROUND .................................
UND..... 2
..................................................
III. ESTABLISHMENT OF HOME-ARP
IV. QUALIFYING POPULATIONS, TARGETING
.........................................
V. HOME-ARP ALLOCATION PLAN.,•.,.••.•.• II\GAND PREFERENCES................. 3
VI. ELIGIBLE . .. ....................
ACTIVITIES """"""'.••••• .. 12
IES..................................
A.
Administration and Planning 18
B.
HOME-ARP Rental Housing.....................................................................................
C. Tenant-Based Rental Assistance TB
RA)................................
D. Supportive Services ......... •""'•""""•.• •••••.. 38
...............................
E. Acquisition and Development of Non-Congregate Shelter.............
F. Nonprofit Operating and Capacity Building Assistance.................. 55
VII. OTHER FEDERAL REQUIREMENTS " '•••••••••••••••••• 67
..................................................... .
VIII. PROGRAM ADMINISTRATION .............. " 68
IX. PERFORM ................................
PERFORMANCE REVIEWS................ 75
X. FINDING OF NO SIGNIFICANT IMPACT..................................Appendix—Waivers and Alternative Requirements for HOME Investme 97
Program —American Rescue Plan (HOME-ARP) nt Partnerships
PURPOSE
This Notice establishes requirements for funds appropriated under vsetmont ction 3205
of the
American
Rescue Plan Act of 2021 (P.L. 117-2)( ARP ) for the HOME
s
Program(HOME)to provide homelessness assistance and supportive services.
II. BACKGROUND
On March 11, 2021,President Biden signed ARP into law,w is pro the economy,rovides over$1.9 trillion in
relief to address the continued impact of the COVID-19 paldemic
ublic
health, State and local governments, individuals, and businesses.
To address the need for homelessness assistance and supportive services, Congress
appropriated$5 billion in ARP funds to be administered thoug ugh HOiME s to who homeless, at
form four
activities that must primarily benefit qualifying individuals
risk of homelessness, or in other vulnerable populations.) n tene ant-based eactivities rental assistanceuo: (TBRA), (3)
development and support of affordable housing, and development of non-congregate
provision of supportive services; and (4)
shelter units. The program described in`this notice for the use of the$5 billion in ARP funds is
the HOME-American Rescue Plan or HOME-ARP."
ARP defines qualifying
individuals or families as those that are (1)homeless, as defined in
section 103(a) of the McKinney-Vento Homeless Assistance tdefined, as ein sectnded 4on 401 of
11302(a)) ("McKinney-Vento"); (2) at risk of homelessness, s
fleeing, or attempting to flee domestic violence, dating violence, sexual
McKinney-Vento; (3)
assault, stalking, or human trafficking; (4)part art of other populations where providing supportive
services or assistance would prevent a family's homelessness
that include a veteran family
greatest risk of housing instability; or(5)veterans and families
member that meet the criteria in one of (1)-(4) above.
ARP authorized HUD to allocate HOME-ARP funds to states,units of general local
local government that qualified
government, insular areas, and consortia of generalunitsursuant to section 217 of the
for-an allocation of HOME funds in Fiscal Year(FY) 2021,p
Cranston-Gonzalez National Affordable Housing Act of 1990, as amended(42 U.S.C._12701 et
seq.) ("NAHA"). On April 8, 2021,HUD allocated HOME-ARP funds to 651 grantees using
the HOME formula established at 24 CFR 92.50 and 92.60. The HOME-ARP allocation
amounts can be found here.
III. ESTABLISHMENT OF HOME-ARP REQUIREMENTS
ARP pofrovides funds for homelessness and supportive services assistance
under the
HOME
HUD to
statute of Title II of NAHA(42 U.S.C. 12721 et seq.) and authorizes the
Secretarwaive or specify alternative requirements for any provision of NAHA or regulation for the
administration of the HOME-ARP program, except requirements related to fair housing,civil
ri hts, nondiscrimination, labor standards, and the environment,upon a finding that the waiver
g
or alternative requirement is necessary to expedite or facilitate the use of HOME-ARP funds.
Pursuant to ARP,the per-unit cost limits (42 U.S.C. 12742(e)), commitment requirements (42
U.S.C. 12748(g)), matching requirements (42 U.S.C. 12750), and set-aside for housing
developed, sponsored, or owned by community housing development organizations(CHDOs)
(42 U.S.C. 12771) in NAHA do not apply to HOME-ARP funds.
This Notice describes the requirements applicable to a participating jurisdiction's (PJ's)use of
HOME-ARP funds. Consolidated plan requirements for HOME are in title I of NAHA and 24
CFR part 91. HOME program regulations are in 24 CFR part 92. Except as described in ARP
and this Notice, HOME statutory and regulatory provisions apply to a PJ's use of HOME-ARP
funds. Sections I-IX of this Notice describe the HOME-ARP requirements imposed on a PJ for
the use of HOME-ARP funds to assist the qualifying populations through HOME-ARP projects
or activities. The Appendix describes the waivers and alternative requirements imposed on PJs
for the use of HOME-ARP funds and is included in any reference to "this Notice." Specific
citations in the Notice shall mean the statute or regulation cited, as may be revised by the
Appendix to this Notice. PJs and insular areas must comply with all applicable statutory,
regulatory, and alternative requirements, as described in this Notice, including the Appendix.
IV. QUALIFYING POPULATIONS, TARGETING AND
PREFERENCES
ARP requires that funds be used to primarily benefit individuals and families in the following
specified"qualifying populations." Any individual or family who meets the criteria for these
populations is eligible to receive assistance or services funded through HOME-ARP without
meeting additional criteria (e.g., additional income criteria). All income calculations to meet
income criteria of a qualifying population or required for income determinations in HOME-
ARP eligible activities must use the annual income definition in 24 CFR 5.609 in accordance
with the requirements of 24 CFR 92.203(a)(1).
A. Qualifying Populations
1. Homeless, as defined in 24 CFR 91.5 Homeless (1), (2), or(3):
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence,
meaning:
(i)An individual or family with a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation for
human beings, including a car,park, abandoned building, bus or train station, airport, or
camping ground;
(ii)An individual or family living in a supervised publicly or privately operated shelter
designated to provide temporary living arrangements (including congregate shelters,
transitional housing, and hotels and motels paid for by charitable organizations or by
federal, state, or local government programs for low-income individuals); or
3
(iii) An individual who is exiting an institution where he or she resided for 90 days or
less and who resided in an emergency shelter or place not meant for human habitation
immediately before entering that institution;
(2)An individual or family who will imminently lose their primary nighttime residence,
provided that:
(i)The primary nighttime residence will be lost within 14 days of the date of application
for homeless assistance;
(ii)No subsequent residence has been identified; and
(iii)The individual or family lacks the resources or support networks, e.g., family,
friends, faith-based or other social networks needed to obtain other permanent housing;
(3)Unaccompanied youth under 25 years of age, or families with children and youth, who
do not otherwise qualify as homeless under this definition,but who:
(i)Are defined as homeless under section 387 of the Runaway and Homeless Youth Act
(42 U.S.C. 5732a), section 637 of the Head Start Act(42 U.S.C. 9832), section 41403 of
the Violence Against Women Act of 1994(42 U.S.C. 14043e-2), section 330(h) of the
Public Health Service Act(42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C.
11434a);
(ii)Have not had a lease, ownership interest,or occupancy agreement in permanent
housing at any time during the 60 days immediately preceding the date of application for
homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more during
the 60-day period immediately preceding the date of applying for homeless assistance;
and
. — P
(iv) Can be expected to continue in such status tender period of-time because of
chronic disabilities, chronic physical health or mental health conditions, substance
addiction,histories of domestic violence or childhood abuse (including neglect),the
presence of a child or youth with a disability, or two or more barriers to employment,
which include the lack of a high school degree or General Education Development
(GED), illiteracy, low English proficiency, a history of incarceration or detention for
criminal activity, and a history of unstable employment;
2. At risk of Homelessness, as defined in 24 CFR 91.5 At risk of homelessness:
(1) An individual or family who:
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(i) Has an annual income below 30 percent of median family income for the area, as
determined by HUD;
(ii) Does not have sufficient resources or support networks, e.g., family, friends, faith-
based or other social networks, immediately available to prevent them from moving to
an emergency shelter or another place described in paragraph (1) of the"Homeless"
definition in this section; and
(iii) Meets one of the following conditions:
(A) Has moved because of economic reasons two or more times during the 60 days
immediately preceding the application for homelessness prevention assistance;
(B) Is living in the home of another because of economic hardship;
(C)Has been notified in writing that their right to occupy their current housing or
living situation will be terminated within 21 days after the date of application for
assistance;
(D)Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by
charitable organizations or by federal, State, or local government programs for low-
income individuals;
(E)Lives in a single-room occupancy or efficiency apartment unit in which there
reside more than two persons or lives in a larger housing unit in which there reside
more than 1.5 people per room, as defined by the U.S. Census Bureau;
(F) Is exiting a publicly funded institution, or system of care (such as a health-care
facility, a mental health facility, foster care or other youth facility, or correction
program or institution); or
(G) Otherwise lives in housing that has characteristics associated with instability and
an increased risk of homelessness, as identified in the recipient's approved
consolidated plan;
(2)A child or youth who does not qualify as "homeless"under this section, but qualifies as
"homeless"under section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C.
5732a(3)), section 637(11) of the Head Start Act(42 U.S.C. 9832(11)), section 41403(6)of
the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), section 330(h)(5)(A)
of the Public Health Service Act(42 U.S.C. 254b(h)(5)(A)), section 3(1)of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(1)), or section 17(b)(15) of the Child Nutrition Act of
1966(42 U.S.C. 1786(b)(15)); or
(3) A child or youth who does not qualify as "homeless"under this section but qualifies as
"homeless"under section 725(2) of the McKinney-Vento Homeless Assistance Act (42
5
U.S.C. 11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her
or him.
3. Fleeing, or Attempting to Flee,Domestic Violence,Dating Violence, Sexual Assault,
Stalking,or Human Trafficking, as defined by HUD.
For HOME-ART',this population includes any individual or family who is fleeing, or is
attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human
trafficking. This population includes cases where an individual or family reasonably
believes that there is a threat of imminent harm from further violence due to dangerous
or life-threatening conditions that relate to violence against the individual or a family
member, including a child,that has either taken place within the individual's or family's
primary nighttime residence or has made the individual or family afraid to return or
remain within the same dwelling unit. In the case of sexual assault,this also includes
cases where an individual reasonably believes there is a threat of imminent harm from
further violence if the individual remains within the same dwelling unit that the
individual is currently occupying,or the sexual assault occurred on the premises during
the 90-day period preceding the date of the request for transfer.
Domestic violence,which is defined in 24 CFR 5.2003 includes felony or misdemeanor
crimes of violence committed by:
1) A current or former spouse or intimate partner of the victim(the term"spouse
or intimate partner of the victim"includes a person who is or has been in a
social relationship of a romantic or intimate nature with the victim, as
determined by the length of the relationship, the type of the relationship, and
the frequency of interaction between the persons involved in the relationship);
2) A person with whom the victim shares a child in common;
3) A person who is cohabitating with or has cohabitated with the victim as a
spouse or intimate partner;
4) A person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction receiving HOME-ARP funds; or
5) Any other person against an adult or youth victim who is protected from that
person's acts under the domestic or family violence laws of the jurisdiction.
Dating violence which is defined in 24 CFR 5.2003 means violence committed by a
person:
1) Who is or has been in a social relationship of a romantic or intimate nature
with the victim; and
2) Where the existence of such a relationship shall be determined based
on a consideration of the following factors:
a. The length of the relationship;
b. The type of relationship; and
c. The frequency of interaction between the persons involved in the
relationship.
6
Sexual assault which is defined in 24 CFR 5.2003 means any nonconsensual
sexual act proscribed by Federal, Tribal, or State law, including when the victim
lacks capacity to consent.
Stalking which is defined in 24 CFR 5.2003 means engaging in a course of conduct
directed at a specific person that would cause a reasonable person to:
1) Fear for the person's individual safety or the safety of others; or
2) Suffer substantial emotional distress.
Human Trafficking includes both sex and labor trafficking, as outlined in the
Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7102).
These are defined as:
1) Sex trafficking means the recruitment, harboring, transportation, provision,
obtaining, patronizing, or soliciting of a person for the purpose of a commercial
sex act, in which the commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained 18 years of
age; or
2) Labor trafficking means the recruitment, harboring, transportation,provision, or
obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage,or slavery.
4. Other Populations where providing supportive services or assistance under section
212(a)of NAHA (42 U.S.C. 12742(a)) would prevent the family's homelessness or
would serve those with the greatest risk of housing instability. HUD defines these
populations as individuals and households who do not qualify under any of the
populations above but meet one of the following criteria:
(1) Other Families Requiring Services or Housing Assistance to Prevent
Homelessness is defined as households (i.e., individuals and families)who have
previously been qualified as "homeless"as defined in 24 CFR 91.5, are currently
housed due to temporary or emergency assistance,including financial assistance,
services,temporary rental assistance or some type of other assistance to allow the
household to be housed, and who need additional housing assistance or supportive
services to avoid a return to homelessness.
(2) At Greatest Risk of Housing Instability is defined as household who meets either
paragraph (i) or(ii)below:
(i) has annual income that is less than or equal to 30% of the area median income, as
determined by HUD and is experiencing severe cost burden(i.e., is paying more than
50% of monthly household income toward housing costs);
7
(ii) has annual income that is less than or equal to 50% of the area median income, as
determined by HUD,AND meets one of the following conditions from paragraph(iii)
of the "At risk of homelessness"definition established at 24 CFR 91.5:
(A)Has moved because of economic reasons two or more times during the 60 days
immediately preceding the application for homelessness prevention assistance;
(B)Is living in the home of another because of economic hardship;
(C)Has been notified in writing that their right to occupy their current housing or
living situation will be terminated within 21 days after the date of application for
assistance;
(D)Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by
charitable organizations or by Federal, State, or local government programs for
low-income individuals;
(E)Lives in a single-room occupancy or efficiency apartment unit in which there
reside more than two persons or lives in a larger housing unit in which there reside
more than 1.5 persons reside per room, as defined by the U.S. Census Bureau;
(F) Is exiting a publicly funded institution, or system of care(such as a health-care
facility, a mental health facility, foster care or other youth facility,or correction
program or institution); or
(G)Otherwise lives in housing that has characteristics associated with instability and
an increased risk of homelessness, as identified in the recipient's approved
consolidated plan
Veterans and Families that include a Veteran Family Member that meet the criteria for one
of the qualifying populations described above are eligible to receive HOME-ARP assistance.
B. Use of Funds to Benefit Qualifying Populations
ARP states that funds must be used to primarily benefit the qualifying populations through the
four eligible activities: (1)TBRA, (2)development and support of affordable housing, (3)
provision of supportive services;and(4)acquisition and development-of-non congregate shelter
(NCS)units. Recognizing the urgent needs of individuals and families in qualifying
populations,HUD is requiring that:
• 100% of HOME-ARP funds used by a PJ for TBRA, supportive services, and
acquisition and development of non-congregate shelter units must benefit individuals
and families in qualifying populations. Individuals and families in qualifying
populations may be assisted by one or more of the HOME-ARP eligible activities,
consistent with the requirements in this Notice.
• Not less than 70 percent of affordable rental housing units acquired,rehabilitated, or
constructed with HOME-ARP funds by a PJ must be occupied by households in the
qualifying populations. Units that are not restricted to occupancy by qualifying
populations are subject to income targeting and rent requirements established under the
8
HOME-ARP Rental Program rules and are only permitted in projects with rental units
restricted for occupancy by qualifying populations.
HUD recognizes that, because many households in the qualifying populations are unable to pay
rents sufficient to cover unit operating costs, PJs and project owners should attempt to obtain
Federal or state project-based rental subsidies, if available. Since project-based rental subsidies
can be difficult to secure, additional flexibility may be necessary to structure and underwrite
projects so that they remain both affordable and financially viable. HUD is providing PJs with
additional flexibilities in Section VI.B. to structure and underwrite HOME-ARP rental projects
so they remain financially viable during the minimum compliance period. One of these
flexibilities is permitting up to 30 percent of HOME-ARP rental housing units funded by a PJ to
be occupied by low-income households. PJs are encouraged to use this flexibility only when it
is required to facilitate development of a HOME-ARP rental project.
PJs must determine and document that households meet the definition of a qualifying
population or, for the portion of HOME-ARP rental units not restricted to these populations,
that households are low-income.
C. Preferences Among Qualifying Populations, Referral Methods, and
Subpopulations
1. Preferences
ARP establishes the qualifying populations that are eligible for assistance with HOME-ARP
funds. A PJ may establish reasonable preferences among the qualifying populations to
prioritize applicants for HOME-ARP projects or activities based on the PJ's needs and
priorities, as described in its HOME-ARP allocation plan. For example, a PJ may set a
preference among qualifying individuals and families for a HOME-ARP non-congregate shelter
for individuals and families who are homeless; fleeing or attempting to flee domestic violence,
dating violence, sexual assault, stalking, or human trafficking; and veterans and families with a
veteran family member that meet the criteria of one of these prior qualifying populations,
consistent with its HOME-ARP allocation plan.
The PJ must comply with all applicable fair housing, civil rights, and nondiscrimination
requirements, including but not limited to those requirements listed in 24 CFR 5.105(a) when
applying preferences through its referral methods. Persons who are eligible for a preference
must have the opportunity to participate in all HOME-ARP activities of the PJ in which they are
eligible under this Notice, including activities that are not separate or different, and cannot be
excluded because of any protected characteristics or preferential status.
Targeted assistance: If HOME-ARP funds are used for TBRA, the PJ may establish a
preference for individuals with special needs or persons with disabilities among the HOME-
ARP qualifying populations. Within the qualifying populations, participation may be limited to
persons with a specific disability only, if necessary,to provide effective housing, aid, benefit, or
services that would be as effective as those provided to others in accordance with 24 CFR
8.4(b)(1)(iv). The PJ may also provide a preference for a specific category of individuals with
disabilities (e.g., persons with HIV/AIDS or chronic mental illness)within the qualifying
9
populations only if the specific category is identified in the PJ's HOME-ARP allocation plan as
having unmet need and the preference is needed to narrow the gap in benefits and services
received by such persons.
2. Referral Methods for Projects or Activities
A PJ may use the referral methods described below to administer HOME-ARP assistance to
qualifying individuals and families. Regardless of the referral method used by the PJ,HUD
holds the PJ responsible for determining and documenting that beneficiaries meet the definition
of a qualifying population or, for the portion of HOME-ARP rental units not restricted to
qualifying populations,that beneficiaries are low-income.
A PJ may use the coordinated entry or coordinated entry process (CE) of a continuum of care
(CoC) for referrals for projects and activities as described below.Under 24 CFR 578.3, a CE is
a centralized or coordinated process designed to coordinate program participant intake
assessment and provision of referrals within a defined area. HUD requires each CoC to establish
and operate a CE with the goal of increasing the efficiency of local crisis response systems and
improving fairness and ease of access to resources,including mainstream resources. A PJ may
permit a CoC CE to collect information and documentation required to determine whether an
individual or family meets the criteria of a HOME-ARP qualifying population at any point in
the coordinated entry process, (i.e., after or concurrently with the assessment and intake
processes) as long as that information is not used to rank a person for HOME-ARP assistance
other than as specified by the preferences or method of prioritization established by the PJ, in
accordance with HOME-ARP requirements. If the PJ uses CE,the PJ cannot require HOME-
ARP victim service providers to use the CE but may permit them to do so.
The PJ must comply with all applicable nondiscrimination and equal opportunity laws and
requirements listed in 24 CFR 5.105(a) and any other applicable fair housing and civil rights
laws and requirements when using the following referral methods:
i. Use of Expanded CE in HOME-ARP
Under this referral method, a PJ may use a CE established by a CoC operating within its
boundaries for one or more projects or activities if the CE accepts all HOME-ARP
qualifying populations eligible for those activities or projects, in accordance with the
preferences and prioritization;if any,-established or approvedby the--P--J-in-its HOME-ARP
allocation plan and imposed through the PJ's written agreements.
Before using a CoC's CE, PJs should consider whether the CE covers the same service area
as the HOME-ARP project or activity that would use that CE. At a minimum,the PJ must
establish policies and procedures that describe the relationship of the geographic area(s)
served by the project or activity to the geographic area(s) covered by the CoC CE and
address how the CE will provide access and implement uniform referral processes in
situations where a project's geographic area(s) is broader than the geographic area(s)
covered by the CE.
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The PJ must require a project or activity to use CE along with other referral methods (as
provided in section ii below)or to use only a project/activity waitin list as
section iii below) if: g ( provided in
1. the CE does not have a sufficient number of qualifying individuals and families
refer to the PJ for the project or activity; to
2. the CE does not include all HOME-ARP
3. the CE fails to provide access and implement qualifyingform referral processes in populations; or,
ions
where a project's geographic area(s) is broader thane geographic area(s)covered
by the CE.
ii. Use of CE with Other Referral Methods
The PJ may use a CoC CE with additional referrals from outside organizations or project-
specific waiting lists consistent with HOME-ARP requirements. If using this referral
method, the PJ must establish or approve any preferences or prioritization criteria applied by
a CoC CE or other referral sources. The PJ may also use a waiting list to receive referrals
from a CoC CE and other referral agencies for a project or activity, where a CoC CE or
referral agency refers an applicant that is placed on the waiting list for that project or
activity in chronological order.
If applicable, a PJ must establish policies and procedures for applying a PJ's established
preferences and method of prioritization, if any, when accepting direct referrals from a CoC
CE and other referral agencies and must document that such the policies and rocedur
were followed for each applicant served. p es
iii. Use of a Project/Activity Waiting List
The PJ may establish a waiting list for each HOME-ARP project or activity. All qualifying
individuals or families must have access to apply for placement on the waiting list for an
activity or project. Qualifying individuals or families on a waiting list must be accepted
in
accordance with the PJ's preferences, if any, consistent with this Notice or,if the PJ
di
establish preferences, in chronological order, insofar as practicable. di not
3. Limiting Eligibility to Subpopulatians
PJs must follow all applicable fair housing, civil rights, and nondiscrimination
including but not limited to those requirements listed in 24 CFR 5 105(a). This includes, but is
not limited to, the Fair Housing Act, Title VI of the Civil Rights Act, section 504 of
Rehabilitation Act, HUD's Equal Access Rule, and the Americans with Disabilities Act, as
applicable.
HOME-ARP rental housing or NCS may be limited to a specific subpopulation of a qualifying
population identified in Section IV.A. of this Notice, so long as admission does not discriminate
against any protected class under federal nondiscrimination laws in 24 CFR 5.105 (e.g., the
housing may be limited to homeless households and at risk of homelessness households,
11
veterans and their families,victims of domestic violence,dating violence, sexual assault,
stalking or human trafficking and their families).
Recipients may limit admission to or provide a preference for HOME-ARP
that ar rental
nta housing or
NCS to households who need the specialized supportive sere
domestic violence services). However,no otherwWheligible benefit from the disabilities or
families including an individual with a disability may
may be excluded on the grounds that they do not have a particular disability.
Consistent with the statutory authority under ARP,as sh -HOME-ARP der the ESG NCS may be converted
program, to all
permanent housing under the CoC program or used
program and fair housing and nondiscrimination requirements are met. As such, HOME-ARP
NCS may need to limit eligibility to households that are homeless and/or at risk of
errnanent housing under the CoC program or
homelessness if the shelter will be converted to p
used as an emergency shelter in the ESG program.
V. HOME-ARP ALLOCATION PLAN
PJs develop annual action plans as part of their applicat for ion
participation processes OME funing. To landve ts
HOME-ARP funds, a PJ must engage in consultation and public
develop a HOME-ARP allocation plan that meets the requirements ton Fiscal shed in this section
nub n of
the Notice and submit it to HUD as a substantial amendment2021byARP to
action plan. HUD is using the waiver and alternative requirement authority provided
establish requirements for the HOME-ARP allocation distribute lnin this HOME ice. The
HOME-ARP
plan must describe how the PJ intends A PJ's
how it will use these funds to address the needs of HOME-ARP qualifying populations.
HOME-ARP allocation plan must include:
• A summary of the consultation process and results of upfront consultation;
• A summary of comments received through the public participation process and a
summary of any comments or recommendations not accepted and the reasons why;
• A description of HOME-ARP qualifying populations within the jurisdiction;
• An assessment of unmet needs of each qualifying population;
• An assessment of-gaps in housing and shelter inventory,homeless assistance and
services, and homelessness prevention service delivery system;
• A summary of the planned use of HOME-ARP funds for eligible activities based on the
unmet needs of the qualifying populations;
• An estimate of the number of housing units
allocation;qualifying
and
populations the PJ will
produce or preserve with its HOME
• A description of any preferences for individuals and families in a particular qualifying
population or a segment of a qualifying population.
All the above required elements of the HOME-ARP allocation plan shall be part of the FY 2021
ro
annual action plan for purposes of the HOME-ARP program. Consequently,PJs are not
{ required to amend their consolidated plans.
12
1�.
A. Consultation
Before developing its HOME-ARP allocation plan, a PJ must consult with agencies and service
providers whose clientele include the HOME-ARP qualifying populations to identify unmet
needs and gaps in housing or service delivery systems. In addition, a PJ should use consultation
to determine the HOME-ARP eligible activities currently taking place within its jurisdiction and
potential collaborations for administering HOME-ARP. This consultation will provide a basis
for the PJ's strategy for distributing HOME-ARP funds for eligible activities to best meet the
needs of qualifying populations. At a minimum, a PJ must consult with the CoC(s)serving the
jurisdiction's geographic area,homeless and domestic violence service providers, veterans'
groups, public housing agencies (PHAs),public agencies that address the needs of the
qualifying populations, and public or private organizations that address fair housing, civil rights,
and the needs of persons with disabilities. State PJs are not required to consult with every PHA
or CoC within the state's boundaries; however, local PJs must consult with all PHAs(including
statewide or regional PHAs) and CoCs serving the jurisdiction. In its plan, a PJ must describe
its consultation process, list the organizations consulted, and summarize the feedback received
from these entities.
B. Public Participation
PJs must provide for and encourage citizen participation in the development of the HOME-ARP
allocation plan. Before submitting the HOME-ARP allocation plan to HUD, PJs must provide
residents with reasonable notice and an opportunity to comment on the proposed HOME-ARP
allocation plan of no less than 15 calendar days. The PJ must follow its adopted requirements
for"reasonable notice and an opportunity to comment"for plan amendments in its current
citizen participation plan. In addition, PJs must hold at least one public hearing during the
development of the HOME-ARP allocation plan prior to submitting the plan to HUD.
For the purposes of HOME-ARP, PJs are required to make the following information available
to the public:
• The amount of HOME-ARP funds the PJ will receive.
• The range of activities the PJ may undertake.
A PJ must consider any comments or views of residents received in writing, or orally at a public
hearing, when preparing the HOME-ARP allocation plan. In its plan, a PJ must describe its
public participation process, including any efforts made to broaden public participation. In its
plan, the PJ must also include a summary of comments and recommendations received through
the public participation process and any comments or recommendations not accepted and the
reasons why.
Throughout the HOME-ARP allocation plan public participation process, the PJ must follow its
applicable fair housing and civil rights requirements and procedures for effective
communication, accessibility and reasonable accommodation for persons with disabilities and
providing meaningful access to participation by limited English proficient(LEP) residents that
are in its current citizen participation plan as required by 24 CFR 91.105 and 91.115.
13
C. HOME-ARP Allocation Plan Requirements
The HOME-ARP allocation plan must describe the distribution of HOME-ARP funds and the
process for soliciting applications and/or selecting eligible projects. The plan must also identify
any preferences being established for eligible activities or projects. However,PJs are not
required to identify specific projects that will be funded in the HOME-ARP allocation plan.
1. Needs Assessment and Gaps Analysis: A PJ must evaluate the size and demographic
composition of qualifying populations within its boundaries and assess the unmet needs of
those populations. In addition, a PJ must identify any gaps within its current shelter and
housing inventory as well as the service delivery system. A PJ should use current data,
including point in time count, housing inventory count, or other data available through
CoCs, and consultations with service providers to quantify the individuals and families in
the qualifying populations and their need for additional housing, shelter, or services. A PJ
should identify and consider the current resources available to assist qualifying populations,
including congregate and non-congregate shelter units, supportive services, TBRA, and
affordable and permanent supportive rental housing. A PJ must consider the housing and
service needs of qualifying populations, including but not limited to:
• Sheltered and unsheltered homeless populations;
• Those currently housed populations at risk of homelessness;
• Other families requiring services or housing assistance to prevent homelessness; and
• Those at greatest risk of housing instability or in unstable housing situations.
A PJ should include data in its HOME-ARP allocation plan that describes the qualifying
populations.
In addition, a PJ must include a narrative description that:
• Identifies the characteristics of housing associated with instability and an increased
risk of homelessness if the PJ will include such conditions under HUD's definition
of"other populations" as established in Section IV.A.4.2.ii.G.of this Notice.
• Identifies the PJ's priority needs for qualifying populations; and,
• Explains how the PJ determined the level of need and gaps in its shelter and housing
inventory and service delivery systems.
2. HOME-ARP Activities: The HOME-ARP allocation plan must describe how a PJ will
distribute HOME-ARP funds in accordance with its priority needs. The plan must describe
the PJ's method for soliciting applications for funding and/or selecting developers, service
providers, subrecipients and/or contractors and whether the PJ will administer eligible
activities directly. If the PJ will provide any portion of its HOME-ARP administrative
funds to a subrecipient or contractor prior to HUD's acceptance of the PJ's HOME-ARP
allocation plan because the subrecipient or contractor is responsible for the administration of
the PJ's entire HOME-ARP grant,the plan must identify the subrecipient or contractor and
describe its role and responsibilities in administering all of the PJ's HOME-ARP program.
PJs must indicate in the HOME-ARP allocation plan the amount of HOME-ARP funding
that is planned for each eligible HOME-ARP activity type, including administrative and
14
planning activities. In addition, a PJ must demonstrate that any planned funding for
nonprofit organization operating assistance, as described in Section VI.F,nonprofit capacity
building, and administrative costs is within HOME-ARP limits. PJs must also include a
narrative description about how the characteristics of its shelter and housing inventory,
service delivery system, and the needs identified in the PJ's gap analysis provided a
rationale for its plan to fund eligible activities.
3. HOME-ARP Production Housing Goals: The HOME-ARP allocation plan must estimate
the number of affordable rental housing units for qualifying populations that a PJ will
produce or support with its HOME-ARP allocation. The plan must also include a narrative
about the specific affordable rental housing production goal that the PJ hopes to achieve and
describe how it will address the PJ's priority needs.
4. Preferences: The HOME-ARP allocation plan must identify whether the PJ intends to give
preference to one or more qualifying populations or a subpopulation within one or more
qualifying populations for any eligible activity or project. For example, PJs may include a
preference for:
• homeless individuals and families as defined in the ESG and CoC programs;
• individuals with special needs or persons with disabilities among qualifying
individuals and families;
• a specific category of qualifying individuals and families(e.g., chronically homeless
as defined in 24 CFR 91.5).
PJs are not required to describe specific projects to which the preferences will apply in the
HOME-ARP allocation plan. However, a PJ must explain how the use of a preference or
method of prioritization will address the unmet need or gap in benefits and services received
by individuals and families in the qualifying population or category of qualifying
population, consistent with the PJ's needs assessment and gap analysis. The PJ must also
describe how it will still address the unmet needs or gaps in benefits and services of the
other qualifying populations that are not included in a preference through the use of HOME-
ARP funds.
Preferences cannot violate any applicable fair housing, civil rights, and nondiscrimination
requirements, including but not limited to those requirements listed in 24 CFR 5.105(a).
The PJ must comply with all applicable nondiscrimination and equal opportunity laws and
requirements listed in 24 CFR 5.105(a) and any other applicable fair housing and civil rights
laws and requirements when establishing preferences or methods of prioritization.
5. HOME-ARP Refinancing Guidelines: If a PJ intends to use HOME-ARP funds to
refinance existing debt secured by multifamily rental housing that is being rehabilitated with
HOME-ARP funds, it must state its refinancing guidelines in accordance with 24 CFR
92.206(b)(2). The guidelines must describe the conditions under with the PJ will refinance
existing debt for a HOME-ARP rental project. At a minimum, the guidelines must:
• Establish a minimum level of rehabilitation per unit or a required ratio between
rehabilitation and refinancing to demonstrate that rehabilitation of HOME-ARP
rental housing is the primary eligible activity.
15
• Require a review of management practices to demonstrate that disinvestment in the
property has not occurred;that the long-term needs of the project can be met; and
that the feasibility of serving qualified populations for the minimum compliance
period can be demonstrated.
• State whether the new investment is being made to maintain current affordable units,
create additional affordable units, or both.
• Specify whether the required compliance period is the minimum 15 years or longer.
• State that HOME-ARP funds cannot be used to refinance multifamily loans made or
insured by any federal program, including CDBG.
6. Substantial Amendments to the HOME-ARP Allocation Plan: PJs must make a
substantial amendment to the HOME-ARP allocation plan for changes in the method of
distributing funds; to carry out an activity not previously described in the plan; or,to change
the purpose, scope, location, or beneficiaries of an activity, including new preferences not
previously described in the plan. In addition, the requirements for substantial amendments
at 24 CFR 92.63 apply to the HOME-ARP allocation plan for insular areas. PJs are not
required to make a substantial amendment to describe individual projects selected for
funding if the eligible activity is included in the PJ's plan. PJs must make the proposed
substantial amendment public and provide for a 15-day public comment period prior to
submission. Upon completion of the public comment period, PJs must submit substantial
amendments to HUD in accordance with the process for submitting the HOME-ARP
allocation plan as described in Section V.D.
7. Certifications and SF-424: PJs must submit the required certifications in accordance with
the requirements in this Notice,including the following:
a. Affirmatively Further Fair Housing;
b. Uniform Relocation Assistance and Real Property Acquisition Policies Act and Anti-
displacement and Relocation Assistance Plan;
c. Anti-Lobbying;
d. Authority of Jurisdiction;
e. Section 3; and,
f. HOME-ARP specific certification that a PJ will only use HOME-ARP funds consistent
with-ARP-and the HOME.-ARP Notice for eligible activities and eligible costs.
PJs must also submit the SF-424, SF-424B, and SF-424D with the HOME-ARP allocation
plan.
D. Submission and Review Process
1. HOME-ARP Submission and the eCon Planning Suite: Upon completion of the HOME-
ARP allocation plan, a PJ must submit the HOME-ARP allocation plan to HUD. To submit
the HOME-ARP allocation plan,PJs must follow the process in IDIS to make an
amendment to the Fiscal Year(FY) 2021 annual action plan. Once the FY 2021 annual
action plan is reopened, a PJ must upload a Microsoft Word or PDF version of the plan as
an attachment next to the"HOME-ARP allocation plan" option on the AD-26 screen(for
16
PJs whose FY. 2021 annual action plan is a Year 2-5 annual action plan) or the AD-25
screen(for PJs whose FY 2021 annual action plan is a Year 1 annual action plan that is part
of the 2021 consolidated plan),unless instructed by HUD to follow a different submission
procedure. PJs are not required to make any other edits to the FY 2021 annual action plan
or applicable consolidated plan screens in the eCon Planning Suite. For more information
on how to upload an attachment in the eCon Planning Suite, PJs can refer to the eCon
Planning Suite Desk Guide.
2. HUD Review of the HOME-ARP Allocation Plan: The PJ must submit its HOME-ARP
allocation plan to HUD for review in accordance with 24 CFR 91.500,as revised by this
Notice. Unless instructed otherwise by HUD, the HOME-ARP allocation plan is received
by HUD when the SF-424 is submitted electronically, which means that it is uploaded in the
eCon Planning Suite as an attachment on AD-25 or AD-26 screen, as applicable, and the
action plan status is changed to"Submitted for Review." HUD will review a PJ's HOME-
ARP allocation plan to determine that it is:
• Substantially complete, and
• Consistent with the purposes of ARP.
HUD may disapprove a PJ's HOME-ARP allocation plan in accordance with 24 CFR
91.500(b). HUD may also disapprove a HOME-ARP allocation plan or a portion of a plan
if HUD determines that the plan is inconsistent with the purposes of ARP or substantially
incomplete. A PJ's plan is inconsistent with ARP if it allocates HOME-ARP funds for uses
other than a HOME-ARP eligible activity, as described in this Notice. A PJ's HOME-ARP
allocation plan is substantially incomplete if:
• The PJ does not complete the required public participation or consultation or fails to
describe those efforts in the plan;
• The PJ fails to include the required elements outlined in this Notice, including the
amount of HOME-ARP funds for each eligible HOME-ARP activity type;
• The PJ fails to identify and describe the responsibilities of the subrecipient or
contractor administering all of its HOME-ARP award, if applicable; or,
• HUD rejects the PJ's HOME-ARP certification as inaccurate.
In accordance with section 105(c)of NAHA (42 U.S.C. 12705(c))and 24 CFR 91.500 a , if
the PJ's HOME-ARP allocation plan is not disapproved within 45 days,then the plan is )
deemed approved 45 days after HUD receives the plan, and HUD shall notify the PJ that the
plan is accepted.
If HUD determines that the plan is substantially incomplete or that the plan is inconsistent
with ARP, HUD will notify the PJ in writing with the reasons for disapproval, in accordance
with 24 CFR 91.500(c). If a PJ's plan is disapproved,the PJ may revise or resubmit the
plan for HUD review within 45 days after the first notification of disapproval. HUD will
respond to accept or disapprove the resubmitted plan within 30 days of receiving the
revisions or resubmission.
Once HUD notifies a PJ that the plan is accepted, the PJ must make the final HOME-ARP
allocation plan available to the public in accordance with the same requirements in the PJ's
17
current citizen participation plan that are followed to make the PJ's adopted consolidated
plan and substantial amendments available to the public, including the availability of
materials in a form accessible to persons with disabilities, and translated materials in
different languages to accommodate LEP persons,upon request.
3. HUD Review of the HOME-ARP Allocation Plan for Insular Areas: In addition to the
standards for review described in Section V.D.2,HUD will review an insular area's HOME-
ARP allocation plan in accordance with 24 CFR 92.62. If HUD cannot make a
determination based on the information submitted that the HOME-ARP allocation plan
complies with HOME-ARP allocation plan requirements, or if the eligible activities
described in the plan are not within the insular area's management capability as
demonstrated by past performance in housing and community development programs,HUD
will notify the insular area within 30 days of receipt of the HOME-ARP allocation plan that
supporting documentation is needed. The insular area will have a mutually agreed upon
period to submit the necessary supporting information or to revise the eligible activities in
its HOME-ARP allocation plan.
VI. ELIGIBLE ACTIVITIES
A. Administration and Planning
The PJ may expend, for payment of reasonable administrative and planning costs,up to 15
percent of its HOME-ARP allocation. Reasonable administrative and planning costs for the
HOME-ARP program include:
1. Reasonable costs of overall HOMEARP program ts include,but are not limited to,nagement,coordination,monitoring,
and evaluation. Such HOME-ARP costs
expenditures for the following:
a. Salaries,wages, and related costs of the PJ's staff. If a PJ charges costs to this category,
the PJ may either include the entire salary and related costs allocable to the HOME-ARP
program of each person whose primary responsibilities with regard to the HOME-ARP
program involves program administration assignments,or the prorated share of the
salary,wages,and-r-elate_d_costs_of each person whose job includes any program
administrative assignments. A PJ may only use one of these two methods.Pro-gram
administration includes: ro
i. Developing systems and schedules for complying with HOME-ARP program
requirements, including systems to prevent a duplication of benefits among
beneficiaries of HOME-ARP activities;
ii. Developing interagency agreements and agreements with entities receiving
HOME-ARP funds;
iii. Monitoring HOME-ARP activities for progress and compliance with HOME-
ARP program requirements;
iv. Preparing HOME-ARP reports and other documents related to the HOME-ARP
program for submission to HUD;
18
v. Coordinating the resolution of audit and monitoring findings on HOME-ARP
activities;
vi. Evaluating HOME-ARP program results against stated objectives in the HOME-
ARP allocation plan, and
vii. Managing or supervising persons whose primary responsibilities with regard to
the HOME-ARP program include such assignments as those described above.
b. Travel costs incurred for official business in carrying out the HOME-ARP program.
c. Administrative services performed under third party contracts or agreements, including
such services as general legal services, accounting services, and audit services.
d. Other costs for goods and services required for administering the HOME-ARP program,
such as: rental or purchase of equipment, insurance, information systems necessary to
track and implement beneficiaries of HOME-ARP activities in accordance with the
requirements of this Notice, utilities, office supplies, and rental and maintenance (but
not purchase) of office space.
e. Costs of administering HOME-ARP TBRA and HOME-ARP supportive services
programs.
2. Staff and overhead costs of the PJ directly related to carrying out a HOME-ARP project, in
accordance with 24 CFR 92.207(b).
3. The provision of information and other resources to residents and citizen organizations
participating in the planning, implementation, or assessment of projects being assisted with
HOME-ARP funds.
4. Activities to affirmatively further fair housing (AFFH) in accordance with 24 CFR 5.151
and the PJ's certification as required under this Notice and 24 CFR 5.152. The AFFH
definition in HUD's Interim Final Rule entitled, "Restoring Affirmatively Furthering Fair
Housing Definitions and Certifications"(86 FR 30779, June 10, 2021), as amended, at 24
CFR 5.151, and the AFFH certification requirement, at 24 CFR 5.152, available at
https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-affirmatively-
furthering-fair-housing-definitions-and-certifications.
5. Indirect costs may be charged to the HOME-ARP program under a cost allocation plan
prepared in accordance with 2 CFR part 200, subpart E, as amended.
6. Preparation of the HOME-ARP allocation plan as required in this Notice. Preparation
includes the costs of public hearing, consultations, and publications.
7. Costs of complying with the applicable Federal requirements in 24 CFR part 92, subpart H.
Project-specific environmental review costs may be charged as administrative or project
costs in accordance with 24 CFR 92.206(d)(8) and is at the discretion of the PJ.
19
Funds available under the HOME-ARP appropriation for administration and planning may not
be used to pay costs attributable to the regular HOME Program.
PJs may provide all or a portion of its HOME-ARP administrative funds to subrecipients and
contractors that are administering activities on behalf of the PJ(e.g., CoC entity, other non-
Federal entity), in accordance with the requirements in this Notice. However,from the
obligation date of the HOME-ARP funds in the HOME-ARP Grant Agreement and prior to
HUD's acceptance of the PJ's HOME-ARP allocation plan, a subrecipient or contractor to the
PJ may only incur and expend HOME-ARP funds for eligible administrative and planning costs
if the subrecipient or contractor is responsible for the use of the PJ's entire HOME-ARP award
and has executed a HOME-ARP written agreement that complies with 24 CFR 92.504 and this
Notice. The PJ must also identify the subrecipient or contractor administering the PJ's entire
HOME-ARP award and describe the subrecipient or contractor's responsibilities in the PJ's
HOME-ARP allocation plan.
All costs must comply with the Cost Principles contained in subpart E of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2
CFR part 200, as amended(Uniform Administrative Requirements).
Once HUD obligates the HOME-ARP funds, as described in Section VIII.C.2 of this Notice,the
PJ may incur and expend up to 5 percent of its HOME-ARP allocation on eligible
administrative and planning costs, as described in this section and 24 CFR 92.207. Before
HUD's acceptance of the PJ's HOME-ARP allocation plan,the PJ is only permitted to incur and
expend HOME-ARP funds on eligible administrative and planning costs.
If the PJ does not submit a HOME-ARP allocation plan or if the PJ's plan is not accepted within
a reasonable period of time, as determined by HUD, all HOME-ARP administrative and
planning costs incurred by the PJ will be ineligible costs and any HOME-ARP funds expended
by the PJ must be repaid to the PJ's HOME Investment Trust Fund Treasury account, in
accordance with guidance issued by HUD. Moreover, if the PJ's HOME-ARP allocation plan
does not identify or include a description of the responsibilities of the subrecipient or contractor
that is responsible for the PJ's entire HOME-ARP award, if applicable,the administrative and
planning costs incurred or expended by the subrecipient or contractor will also be ineligible and
any HOME-ARP funds expended by the PJ's subrecipient or contractor must be repaid to the
PJ's HOME Investment Trust Fund Treasury account;m accordance with guidance-from-HUD.
B. HOME-ARP Rental Housing
HOME-ARP funds may be used to acquire, rehabilitate, or construct affordable rental housing
primarily for occupancy by households of individuals and families that meet the definition of
one or more of the qualifying populations described in Section IV.A of this Notice("qualifying
households"). Unlike the regular HOME Program,which targets HOME-assisted rental units
based on tenant income, 70 percent of all HOME-ARP units will admit households based only
upon their status as qualifying households. This complicates the underwriting and operation of
projects that include HOME-ARP units.As a result,the requirements for HOME-ARP rental
housing provide significant flexibilities to enable HOME-ARP rental projects to remain
20
financially viable and affordable for the qualifying populations throughout the minimum
compliance period.
Eligible HOME-ARP rental housing includes "housing"as defined
but not limited to manufactured housing, single room occupancy at 24 C_92.2, including
supportive housing. Emergency shelters, hotels, and motels (including SRO)units, and permanent
as non-congregate shelter), facilities such as nursing homes, residental treatment currently operating
correctional facilities, halfway houses, and housing for students or dormitoriest facilities,
housing in the HOME-ARP program. However, HOME-ARP funds dod t nota constitute
rehabilitate such structures into HOME- maybe used to acquire and
ARP rental housing.
Developing financially feasible rental housing for qualifying households is challenging
absence of project-based rental assistance. g ng in the
rents to cover all or a portion of the debt service and project soperating isted tacostsl . is relytoMe A
qualifying households will be unable to pay a rent that covers allocated debt Most HOME-ARP
operating costs,requiring PJs to use other techniques to determine that HOME-
service or
affordable and that projects containing HOME-ARP units are sustainable throughout ARP units are
the
minimum compliance period. PJs are encouraged to work with local PHAs andother
local agencies to obtain project-based rental assistance for units funded withstate or
the absence of such project-based rental assistance, the HOME-ARP units for qualifying f
households may require substantial capital investment through HOME-ARP and of
state, local, or private sources to eliminate debt service on the units. ARP suspended the
her Federal,
maximum per-unit subsidy limit for HOME-ARP units, enabling HOME-ARP funds to
entire cost to acquire,rehabilitate and/or construct the HOME-ARP rental units, eliminating theeating the
need for the HOME-ARP units to support debt. In mixed-income develo ments, revenue from
market rate or higher income-restricted units may also provide an internal subsid to co
portion of the operating costs of HOME-ARP units. Y ver a
To address these challenges and maintain affordability, HUD is using its HOME RP statutory
authority to: -A
• Establish alternative rent requirements to 24 CFR 92 252(b) and extend an owner's
ability to charge the maximum rent permissible under a rental assistance r
units occupied by recipients of tenant-based rental assistance e, n gam (to
e
Vouchers, HOME TBRA, HOME-ARP TBRA). ( g, Housing Choice
• Establish a minimum compliance period of 15 years for all HOME-ARP rental
irrespective of the amount of subsidy per unit or whether the units are acquired units
rehabilitated, and/or newly constructed, q ed,
• Permit the use of HOME-ARP funds to provide ongoing operating cost assistance or
capitalize a project operating cost assistance reserve to address operating deficits of the
HOME-ARP units restricted for qualifying households duringthe co
• Allow not more than 30 percent of the total number of rental nits assisted with iance od.
HOME-
ARP funds by the PJ to be restricted to households that are low-income as defined R 9?•2 ("low-income households" ts med in 24
containing HOME-ARP units restricted for equalifyi g households.may only e l The ed in projects
rental units occupied by low-income households must operate under the regulations
applicable to HOME rental units at 24 CFR 92.252 (i.e., be occupied by low-income
21
r
households and bearing a rent not greater than the
lesser of a.the Fair
iHUD, or b. arentr
existing housing for comparable units in the area, as established by percent
equal to 30 percent of the adjusted income of a family with
h dustmen s for nnual incoe t 65 number
of median income for the area, as determined by ,
J
of bedrooms in the unit).
1. Taroeting and OccupancyRe uirements: ARP requires HOME-ARP achetivities
t ty and
to
primarily benefit households in the qualifying populationsimprove
maintain the long-term viability of projects with HOME-ARPH that re not restricted for rental units for qualifying
f yingancY
households, a PJ may invest HOME-ARP funds
solely for qualifying populations as described in this section. Specifically, participating
jurisdictions must comply with the following requirements:
a in units restricted for Qualifyin�
HOME-ARP funds can only be invested a. Tnrveaanx livi.�i�
households or low-income households as follows.
i. Not less than 70 percent of the total numbero of rental units assisted with occupancy by households thaHOME-
ARP funds by the PJ must be restricted
t are
qualifying households at the time of the household's initial occupancy; and,
ii. Not more than 30 percent of the total number of rental units
assisted
These re with HOME-
ARP funds by the PJ may be restricted to low-income
households.households,however
ntal
units do not have to be restricted for occupancy by qualifying g
rental units restricted to low-income hhouseholdss e only permitted in projects that
include HOME-ARP units for qualifying
ds.
b. Occupancy Reguir_m ents.
i. Qualifying Households. Units restricted for occupancy by qualifying households
must be occupied by households that meet the definition of a qualifying population
at the time of admission to the HOME-ARP unit. qualifying l household
t for
admission retains its eligibility to occupy restricted income
qualifying populations, irrespective of the qualifying household's changesincome
or whether the household continues to meet the definition of a qualifying pop
n.
such,
z t
As such, a unit restricted-for a quulifying household remains in compliance with the
HOME-ARP unit restriction as long as the unit is occupied i n by a
at qe tame lifying of admission.
household that met the definition of a qualifying popu
ii. Low-Income Households. At initial occupancy,
units
t the defi rtion of lowcin ome
households-must be occupied by households that mee
in 24 C_21. If a tenant's income increases above e n dared temporarilylelow out me
limit during the compliance period,the unit will be co
of
compliance. Noncompliance requires the PJ to take action in accordance with the
rent and unit mix requirements in Sections VI.B.15 and VI.B.17 of this Notice,
respectively.
22
2. Eligible Activities: A PJ may use HOME-ARP funds for acquisition, construction, and
rehabilitation, including reconstruction as defined in 24 CFR 92.2, of affordable rental
housing for qualifying and low-income households. Acquisition of vacant land or
demolition must be undertaken only with respect to a particular housing project intended to
provide HOME-ARP rental housing within the timeframes provided in Section VI.B. of this
Notice. A HOME-ARP rental project must meet the definition of project in 24 CFR 92.2.
HOME-ARP funds may be used to assist one or more units in a project. Only the eligible
development costs of the HOME-ARP units may be charged to the HOME-ARP program.
Cost allocation in accordance with 24 CFR 92.205(d)(l)is required if the assisted and non-
assisted units are not comparable. After project completion, the number of HOME-ARP
units in a project cannot be reduced. During the HOME-ARP minimum compliance period
and prior to the end of the HOME-ARP budget period, a PJ may invest additional HOME-
ARP funds to provide operating cost assistance but is prohibited from investing additional
HOME-ARP funds for capital costs except within the 12 months after project completion.
A qualifying household admitted to a HOME-ARP rental unit may still receive HOME-ARP
supportive services or TBRA in accordance with the requirements in this Notice.
3. Forms of Assistance: The PJ may invest HOME-ARP funds in accordance with the
eligible forms of assistance described in 24 CFR 92.205(b). Each PJ has the right to
establish the terms of assistance, subject to the HOME-ARP requirements described in this
Notice.
4. Minimum Amount of Assistance: The minimum amount of HOME-ARP funds that must
be invested in a rental housing project is $1,000 times the number of HOME-ARP-assisted
units in the project as established in 24 CFR 92.205(c).
5. Eligible Costs: HOME-ARP funds may be used to pay for up to 100%of the following
eligible costs associated with the acquisition, development, and operation of HOME-ARP
rental units:
a. Development hard costs—defined in 24 CFR 92.206(a).
b. Refinancing—the cost to refinance existing debt secured by a rental project that is being
rehabilitated with HOME-ARP funds in accordance with 24 CFR 92.206(b)(2) and the
PJ's HOME-ARP refinancing guidelines, as stated in their HOME-ARP Allocation Plan.
c. Acquisition—the costs of acquiring improved or unimproved real property.
d. Related soft costs—defined in 24 CFR 92.206(d).
e. Relocation costs—as defined in 24 CFR 92.206(0. 24 CFR 92.353, and described in this
Notice.
f. Costs relating to payment of loans—If the HOME-ARP funds are not used to directly
pay a cost specified in this HOME-ARP rental housing section, but are used to pay off a
23
construction loan,bridge financing loan, or guaranteed loan,the payment of principal
and interest for such loan is an eligible cost only if: (1)the loan was used for eligible
costs specified in this HOME-ARP rental housing section, and(2)the HOME-ARP
funds are part of the original financing for the project and the project meets the
requirements of this Notice.
g. Operating Cost Assistance—A PJ may pay ongoing operating cost assistance or
capitalize an operating cost assistance reserve for HOME-ARP-assisted units restricted
for occupancy by qualifying populations in a project where the PJ determines in its
underwriting that the reserve is necessary to maintain the HOME-ARP units' long-term
operational feasibility. However, HOME-ARP funds cannot be used for both a
capitalized operating cost assistance reserve and ongoing payments for operating cost
assistance during the minimum compliance period. The allowable amount of the reserve
shall not exceed the amount determined by the PJ to be necessary to provide operating
cost assistance for HOME-ARP units restricted for occupancy by qualifying populations
for the 15-year HOME-ARP minimum compliance period.
The operating cost assistance reserve for HOME-ARP units for qualifying households
must be held by the project owner in a separate interest-bearing account and sized,based
on an analysis of projected deficits remaining after the expected payments toward rent
by qualifying households are applied to the units' share of operating costs. Funds in a
capitalized operating cost assistance reserve can only be drawn to address operating
deficits associated with HOME-ARP units restricted for occupancy by the qualifying
populations. A PJ must use the definition of operating costs in this Notice in its
calculation of operating deficits to determine the amount of HOME-ARP funds needed
for an operating cost assistance reserve or when providing operating cost assistance.
Unexpended operating cost assistance reserve amounts remaining at the end of the
minimum compliance period must be returned in accordance with Section VI.B.24 of
this Notice.
A PJ may provide operating cost assistance to a HOME-ARP rental project to cover an
operating deficit associated with HOME-ARP units restricted for occupancy by
qualifying households except for when an operating cost assistance reserve is already
established for the project.._Operating=cost assistance committed_to aproject cannot be
provided beyond the HOME-ARP budget period, as described in Section VIII.C.4 of this
Notice.
Operating costs include costs for administrative expenses, property management fees,
insurance, utilities,property taxes, and maintenance of a unit that is designated as a
HOME-ARP-assisted unit and required to be occupied by a qualifying household. .
Operating costs must be reasonable and appropriate for the area, size, population(s)
served, and type of project.
Project administrative expenses include payroll costs, which are gross salaries and
wages paid to employees assigned to the property, including payroll taxes, employee
compensation, and employee benefits; employee education,training, and travel;
advertising; and general administrative costs which are costs for goods and services
24
required for administration of the housing, including rental or purchase of equipment,
supplies, legal charges, bank charges, utilities, telephone/interne services, insurance,
and other administrative costs that are reasonable and customary for the general
administration of a rental unit occupied by qualifying populations. HOME-ARP permits
the pro-rated staffing costs of a Resident Services Coordinator to be included in the
operating costs allocated to a HOME-ARP unit for low-income or qualifying households
if such costs are not already paid by another source. Typically, the role of a Resident
Services Coordinator is to arrange community activities for residents and link residents
to outside service agencies as needed.
A property management fee includes the total fee paid to a management agent by the
owner for the day-to-day management of a HOME-ARP rental unit restricted for
occupancy by qualifying populations. A management agent must cover its costs of
supervising and overseeing operations of a HOME-ARP unit out of the fee they receive.
A reserve for replacement must be based on the useful life of each major system and
expected replacement cost in a HOME-ARP project. Scheduled payments to a reserve
for replacement of major systems included in the a operating costs allocated to a HOME-
ARP unit restricted for a qualifying household may be made from the operating cost
assistance reserve. A reserve for replacement allocated to the HOME-ARP units may
also be capitalized in the initial year of the minimum compliance period of the HOME-
ARP units. HOME-ARP.funds cannot be used to both capitalize.a reserve for
replacement and provide payments to the reserve for replacement from a capitalized
operating reserve during the minimum compliance period.
Supportive services costs are not eligible operating costs of HOME-ARP units, however,
qualifying households occupying HOME-ARP rental units may receive supportive
services through the HOME-ARP supportive services eligible activity.
6. Prohibited Activities and Fees: HOME-ARP may not be used for any of the prohibited
activities, costs or fees in 24 CFR 92.214, as revised by the Appendix to this Notice.
7. HOME-ARP Funds and Public Housing: HOME-ARP funds must be used in accordance
with the requirements in 24 CFR 92.213(a)-(c).
8. Commitment: The affordable housing requirements in the definition of Commitment in 24
CFR 92.2, including the provisions in(2) Commit to a specific local project, apply to rental
housing units assisted with HOME-ARP funds. This includes but is not limited to the
requirements that the PJ and project owner have an executed legally binding written
agreement under which HOME-ARP assistance will be provided to the owner for an
identifiable project for which all necessary financing has been secured, a budget and
schedule have been established, and underwriting has been completed and under which
construction is scheduled to start within 12 months of the agreement date.
9. Maximum Per-Unit Subsidy and Limitations on Costs: The maximum per-unit subsidy
established in NAHA does not apply to HOME-ARP units. PJs may pay up to 100 percent
of the eligible and reasonable HOME-ARP costs allocated to a HOME-ARP unit, including
25
operating cost assistance associated with units restricted for occupancy by qualifying
households. All costs paid by HOME-ARP funds must comply with the requirements of
this Notice and the Cost Principles at 2 CFR part 200, subpart E_of the Uniform
Administrative Requirements, as amended.
10.Underwriting, Subsidy Layering: Before the PJ can commit HOME-ARP funds to a
project, it must evaluate the project to determine the amount of HOME-ARP capital subsidy
and operating cost assistance necessary to provide quality affordable housing that meets the
requirements of this Notice and is financially viable throughout the minimum 15-year
HOME-ARP compliance period. The PJ must evaluate the project in accordance with
underwriting and subsidy layering guidelines it has developed for HOME-ARP projects.
The PJ's project underwriting must include an in-depth review of underlying project
assumptions, development sources and uses, and projected operating income and expenses,
and the project's long-term financial viability to determine the project's need for HOME-
ARP assistance while preventing over-subsidization of the project. HUD anticipates that
project developers will rely on Low-Income Housing Tax Credit(LIHTC)financing,
HOME funds, Housing Trust Fund grants,project-based vouchers,project-based rental
assistance, operating cost reserves, state or local sources, or a combination of these and
other resources to create a feasible HOME-ARP project and maintain compliance with
HOME-ARP requirements. HOME-ARP units for qualifying households that do not receive
a commitment of project-based vouchers or project-based rental assistance may require both
deep capital subsidy and operating cost assistance to remain financially sustainable for the
minimum 15-year HOME-ARP compliance period. However, the PJ, through its
underwriting,must also determine that the HOME-ARP capital and operating subsidies do
not result in over-subsidization of the project.
To secure HOME-ARP rental units for qualifying households, HOME-ARP funds may be
invested in different types of projects, including permanent supportive housing,mixed-
fmance affordable housing, and market-rate projects. While the viability of the HOME-
ARP units is the PJ's primary concern, it must not limit its underwriting analysis to the
HOME-ARP units. The long-term viability of HOME-ARP units is contingent upon the
financial health of the entire project. PJs must therefore take a holistic approach to
underwriting that examines the overall feasibility of the entire project to determine that the
property will be financially sustainable for the duration of the 15-year HOME-ARP
compliance period.
For projects that will receive operating cost assistance through a capitalized operating cost
assistance reserve or on-going operating cost assistance for a specific period, the on-going
operating cost assistance or operating cost assistance reserve must be included in the
underwriting. Unless placed into an operating cost assistance reserve,operating cost
assistance committed to a project for a specific period cannot be provided beyond the budget
period, as described in Section VIII.C.4. of this Notice. HOME-ARP units that have
commitments for a form of project-based rental assistance must be underwritten with the
projected rental assistance and not with operating cost assistance. An operating cost
assistance reserve must be sized based on an analysis of projected operating deficits
26
remaining after the expected payments toward rent by qualifying households are applied to
the HOME-ARP unit's share of operating costs. While a PJ may offer on-going project
operating cost assistance instead of providing an operating cost assistance reserve, it may
find this approach makes it more difficult to develop HOME-ARP units.
a. Underwriting and Subsidy Layering Guidelines: PJs must develop standardized
underwriting guidelines for HOME-ARP rental projects. These guidelines must provide
for underwriting that accommodates and is appropriate for different types of projects.
For example, a standard market analysis does not provide the necessary data for a
project where 100% of the units are restricted as permanent supportive housing for
qualifying populations. In contrast, if a mixed-income property relies on rental income
from market-rate units to subsidize the operating costs of permanent supportive housing
units for which little or no tenant-paid rental income is projected,then a market study
confirming that the proposed market rents are achievable is needed to demonstrate the
long-term financial viability of the project.
PJs with existing HOME rental underwriting standards may use these standards as the
foundation for their HOME-ARP underwriting guidelines, but all PJs are required to
develop and implement standardized underwriting guidelines for HOME-ARP that
require the following:
i. An examination of the sources and uses of funds for the project and a determination
that costs are necessary and reasonable. In examining a project's proposed sources
and uses, a PJ must determine the amount of HOME-ARP development subsidy
required to fill the gap between other committed funding sources and the cost to
develop the project.
A developer fee is a permitted development cost under the HOME-ARP program,
but the PJ must review the fee and determine that it is reasonable. A PJ may set
limits on the developer fee and other fees(e.g., asset management fee, property
management fee)to be paid by HOME-ARP funds that differ from other funding
sources (e.g., LIHTC underwriting standards).
ii. An assessment of the current market demand for the proposed project.
(1) For HOME-ARP units for qualifying households, a market assessment is not
required. Rather, the PJ can demonstrate that there is unmet need among
qualifying populations for the type of housing proposed through their gap
analysis, CoC data, public housing and affordable housing waiting lists, point-
in-time surveys, housing inventory count, or other relevant data on the need for
permanent housing for the qualifying populations.
(2) For projects containing units restricted for occupancy by low-income
households or market-rate households,the PJ must conduct a market
assessment in accordance with 24 CFR 92.250(b)(2). A third-party market
assessment completed by the developer or another funder meets this
requirement,but the PJ must review the assessment and provide a written,
dated acknowledgement that it accepts the assessment's findings and
conclusions. The market assessment and the PJ's written, dated
27
acknowledgement must be retained for recordkeeping purposes.
iii. Review of and determination that the developer's experience and fmancial capacity
are satisfactory based on the size and complexity of the project. When assessing the
developer, the PJ must review, at minimum, prior experience with similar projects
and the current capacity to develop the proposed project. When determining
whether the developer has the financial capacity to undertake the project,the PJ
should examine financial statements and audits to determine the developer's net
worth,portfolio risk, pre-development funding, and liquidity.
iv. Firm written financial commitments for the project.
v. A careful review of the project's operating budget, including the basis for
assumptions, projections of a project's net operating income,and reasonably
expected changes in revenue and expenses during the minimum compliance period,
to determine if any HOME-ARP-funded operating cost assistance is necessary and if
applicable, an operating cost assistance reserve is sized appropriately. Operating
income of the project must be sufficient to cover operating expenses throughout the
minimum compliance period. For HOME-ARP units for qualifying households, the
proforma or budget projections should include any anticipated ongoing operating
cost assistance or draws from an operating cost assistance reserve, if applicable,that
will offset operating deficits associated with those units to demonstrate sufficient
operating support.
(1) If project-based vouchers or project-based rental assistance is or will be
awarded, this analysis must include that rental assistance revenue because
operating cost assistance cannot be used for units for qualifying households with
project-based vouchers or project-based rental assistance.
(2) A PJ's underwriting standards may permit projects to generate reasonable net
operating income throughout the minimum compliance period. However,
HOME-ARP operating cost assistance may only be used to offset operating
deficits, in accordance with the requirements of this Notice. Net operating
income resulting from HOME-ARP operating cost assistance is not permitted
and must be prohibited in the written agreement between the participating
jurisdiction_and_the_-owner. —
vi. An assessment of the project's overall viability through the minimum compliance
period based on the households(i.e., qualifying households, low-income households,
market-rate households) it will serve.
11.Property Standards: HOME-ARP rental units must comply with all property standards
applicable to rental projects required in 24 CFR 92.251 paragraphs (a) new construction, (b)
rehabilitation projects, (c)(1) and (2) acquisition of standard housing, (e) manufactured
housing, and(f) on-going property condition standards.
12. Determining Household Income: The PJ must require all HOME-ARP units to be
restricted for eligible households (i.e., either qualifying or low-income households)
28
throughout the minimum compliance period. Qualifying households are eligible for
admission to HOME-ARP rental units solely by meeting the definition of one of the
qualifying populations (i.e., HOME-ARP does not impose income restrictions on units
restricted for qualifying populations). If there is no income requirement in the qualifying
population's definition, a PJ is not required to perform an initial determination of household
income except as necessary to determine an affordable rental contribution by the qualifying
household or to establish eligibility for another funding source in the unit that imposes
income restrictions (e.g., LIHTC). Each subsequent year during the compliance period,
starting 1 year after initial occupancy,the PJ must use the definition of annual income as
defined in 24 CFR 5.609 to examine the income of qualifying households to determine the
household's contribution to rent. For low-income households, the PJ must use the definition
of annual income as defined in 24 CFR 5.609 to examine the household's income at initial
occupancy and each subsequent year during the compliance period to determine the
household's ongoing income eligibility and applicable rental contribution.
a. 9ualijying populations: For purposes of establishing the qualifying household's rental
contribution after initial occupancy, a PJ must examine a HOME-ARP qualifying
household's income using 24 CFR 92.203(a)(1)(i) or(iii),starting 1 year after initial
occupancy. Each year during the minimum compliance period,the owner must examine
the household's annual income in accordance with any one of the options in 24 CFR
92.203(a)(1) specified by the P.T. A project owner who re-examines household income
through a statement and certification in accordance with 24 CFR 92.203(a)(l)(ii), must
examine the income of each household, in accordance with 24 CFR 92.203(a)(1)(i),
every sixth year of the compliance period. Otherwise, an owner who accepts the
household's statement and certification in accordance with 24 CFR 92.203(a)(1)(ii) is
not required to examine the household's income unless there is evidence that the
household's written statement failed to completely and accurately state information
about the household's size or income.
b. Low-income Households: In accordance with 24 CFR 92.252(h),the income of each
low-income household must be determined initially in accordance with 24 CFR
92.203(a)(1)(i), and each year following the initial determination during the minimum
compliance period in accordance with any one of the options in 24 CFR 92.203(a)(1)
specified by the PJ. An owner who re-examines household income through a statement
and certification in accordance with 24 CFR 92.203(a)(1)(ii),must examine the income
of each household, in accordance with 24 CFR 92.203(a)(1)(i), every sixth year of the
minimum compliance period. Otherwise, an owner who accepts the household's
statement and certification in accordance with 24 CFR 92.203(a)(1)(ii) is not required to
examine the household's income unless there is evidence that the household's written
statement failed to completely and accurately state a information about the household's
size or income.
c. Households Assisted by Other Programs: Notwithstanding paragraphs (a) and(b), if a
family is applying for or living in a HOME-ARP-assisted rental unit, and the unit is
assisted by a Federal or State project based rental subsidy then a PJ must accept a public
housing agency, section 8 project owner, or CoC recipient or subrecipient's
29
determination of the family's annual income and adjusted income under that program's
rules and does not need to obtain source documentation in accordance with 24 CFR
92.203(a)(1)or calculate the annual income of the family. If a family is applying for or
living in a HOME-ARP rental unit, and the family is assisted by a Federal tenant-based
rental assistance program(e.g. housing choice vouchers)then a PJ may choose to accept
the rental assistance provider's determination of the family's annual and adjusted
income under that program's rules without need for review under 24 CFR 92.203(a)(1).
13.Rent limitations: This Notice establishes rent limits for HOME-ARP units restricted for
qualifying populations and for units that may be restricted for low-income households.
a. Units Restricted for Occupancy by Oualifying Households: In no case can the HOME-
ARP rents exceed 30% of the adjusted income of a household whose annual income is
equal to or less than 50% of the median income for the area, as determined by HUD,
with adjustments for number of bedrooms in the unit. HUD will publish the HOME-
ARP rent limits on an annual basis.
Notwithstanding the foregoing, a unit that receives a Federal or state project-based rental
subsidy and is occupied by a qualifying household that pays as a contribution to rent no
more than 30 percent of the household's adjusted income,may charge the rent allowable
under the Federal or state project-based rental subsidy program (i.e.,the tenant rental
contribution plus the rental subsidy allowable under that program). If a household
receives tenant-based rental assistance,the rent is the rent permissible under the
applicable rental assistance program (i.e.,the tenant rental contribution plus the rental
subsidy allowable under that rental assistance program).
The rent limits for HOME-ARP units for qualifying households include the rent plus the
utility allowance established pursuant to Section VI.B.13.d of this Notice.
b. Rent limitations—low-income households: HOME-ARP rental units occupied by low-
income households must comply with the rent limitations in 24 CFR 92.252(a) (i.e., the
lesser of the Fair Market Rent for existing housing for comparable units in the area, as
established by HUD, or a rent equal to 30 percent of the income of a family at 65
percent-of median_income_for the_area, as.determined_by HUD, with adjustments for
number of bedrooms in the unit). Notwithstanding the foregoing,when a household
receives a form of Federal tenant-based rental assistance(e.g.,housing choice vouchers),
the rent is the rent permissible under the applicable rental assistance program(i.e.,the
tenant rental contribution plus the rent subsidy allowable under the rental assistance
program). The rent limits for low-income households apply to the rent plus the utility
allowance established pursuant to Section VI.B.13:d of this Notice.
c. Rent limitations—Single Room Occupancy (SRO) Units: A HOME-ARP rental project
may consist of SRO units. For the purposes of HOME-ARP rental, a SRO unit is
defined as a unit that is the primary residence of the occupant(s) and must at least
contain sanitary facilities but may also contain food preparation facilities. A project's
30
designation as a SRO cannot be inconsistent with the building's zoning and building
code classification.
If the SRO units have both sanitary and food preparation facilities, the maximum
HOME-ARP rent is based on the zero-bedroom fair market rent. If the SRO unit has
only sanitary facilities, the maximum HOME-ARP rent is based on 75 percent of the
zero-bedroom fair market rent. The rent limits for SRO units must also include the
utility allowance established pursuant to Section VI.B.13.d of this Notice.
d. Initial Rent.Schedule and Utility Allowance: The PJ must establish maximum
allowances for utilities and services and update the allowances annually. The PJ may
adopt the utility allowance schedule,of the PHA.
The PJ must review and approve the HOME-ARP rents proposed by the owner, subject
to the HOME-ARP rent limitations. For HOME-ARP units where the tenant is paying
utilities and services (e.g., trash collection), the PJ must determine that the rent for the
unit does not exceed the maximum rent minus the monthly allowance for utilities and
services.
14. Tenant Contribution to Rent—Qualifying Households: The PJ must determine that the
qualifying household's contribution to rent is affordable to the qualifying household based
on a determination of the household's income. If the household is receiving project-based
or tenant-based rental assistance, the household cannot be required to contribute more
towards rent than the amount permitted by the requirements of the applicable rental
assistance program(See Section VI.B.13.a of this Notice). If a qualifying household is not
receiving project-based or tenant-based rental assistance and cannot contribute any income
toward rent, or the contribution is insufficient to cover the unit rent, the project owner may
draw from the project's operating cost assistance reserve if projected rental revenue minus
the operating costs of the unit results in a deficit. If an operating cost assistance reserve was
not capitalized at project completion:
• The PJ may provide ongoing HOME-ARP operating cost assistance to cover the
operating deficits associated with units occupied by qualifying households, subject
to the requirements in this Notice.
• The qualifying household may receive HOME-ARP TBRA to remain housed in the
HOME-ARP rental unit or the PJ may offer, in conjunction with a qualifying
household's admittance into a HOME-ARP rental unit, a simultaneous award of
supportive services to the qualifying household in accordance with Section VI.D of
this Notice. Any provision of supportive services must comply with all requirements
of Section VI.D.of the Notice and the PJ's policies and procedures.
• Operating cost assistance, HOME-ARP TBRA, and supportive services funds
committed to a project cannot be provided beyond the budget period for the HOME-
ARP funds, as described in Section VIII.C.4 of this Notice.
15. Changes in.Income and Over-income.Households:
A household that met the definition of one of the HOME-ARP qualifying populations at
initial occupancy and whose annual income at the time of income re-certification is above
31
50 percent of median income for the area but at or below 80 percent of the median income
for the area must pay the rent specified in 24 CFR 92.252(a).
HOME-ARP-assisted units restricted for low-income households continue to qualify as
HOME-ARP rental housing despite a temporary noncompliance caused by increases in the
incomes of existing households if actions satisfactory to HUD are taken so that all vacancies
are filled in accordance with HOME-ARP requirements until the noncompliance is
corrected.
A qualifying or low-income household that is not low-income at the time of income re-
certification(i.e.,whose income is above 80 percent of the median income for the area)
must pay rent that complies with the over income regulatory requirements at 24 CFR
92.252(i)(2), which includes requirements applicable to HOME units that also have LIHTC
restrictions.
16. Unit Designation: The PJ must determine the number of HOME-ARP units in the project
restricted for qualifying households and low-income households, respectively, and whether
the units are fixed or floating units at the time of project commitment. The total number of
HOME-ARP rental units restricted for occupancy by qualifying households and the total
number of HOME-ARP rental units restricted for low-income households must be identified
as separate totals in the written agreement. In a project containing HOME-ARP and other
units,the PJ must designate fixed or floating HOME-ARP units in accordance with 24 CFR
92.252(j).The PJ must maintain this unit mix throughout the compliance period.
17. Maintaining Unit Mix: At the time of admission to a HOME-ARP rental unit, a household
must meet the definition for at least one qualifying population or be determined to be a low-
income household, depending on the applicable HOME-ARP restriction on the rental unit to
which it is being admitted--and_in_accordance with the written agreement.
For HOME-ARP rental units restricted for occupancy by qualifying populations, a
household that meets the definition of a qualifying population at the time of admission
retains its eligibility to occupy a HOME-ARP rental unit restricted for occupancy by
qualifying populations, irrespective of changes in income or whether the household
continues-to-meet the definitionof a-qualifying populationa-ft-er-initial occupancy. As an
example, a household that qualifies as "Homeless" at admission does not meet the Homeless
defmition once the household occupies a HOME-ARP unit but remains a qualifying
household and is eligible to remain in a HOME-ARP rental unit restricted for qualifying
populations. Income determinations for qualifying households are therefore only for
purposes of establishing a qualifying household's rental contribution as described in Section
VI.B.15 of this Notice and not for maintaining continued eligibility in the HOME-ARP
program. In a project with floating units, PJs are encouraged but not required to shift the
HOME-ARP qualifying population designation to another unit to serve another qualifying
household if the household's income subsequently is certified to be at or above 80 percent
AMI and the household no longer meets the definition of any qualifying population.
32
For HOME-ARP rental units restricted for occupancy by low-income households, units will
be considered temporarily out of compliance if the household's income increases above 80
percent of area median income. The requirements for correcting any noncompliance using
vacancies or redesignation of units depends on whether the HOME-ARP rental units are
fixed or floating and whether other funding sources (e.g., LIHTC) impose income or other
restrictions on the units. Please note, in accordance with the requirements in 24 CFR 92.253
and in Section VI.B.19.c, an increase in a tenant's income does not constitute good cause to
evict or refuse to renew a tenant's lease, regardless of program requirements associated with
other funding sources such as LIHTC. In addition, compliance with unit restrictions for
low-income households requires adjustment of rents as described in Section VI.B.15 of this
Notice.
18. Minimum Compliance Period: HOME-ARP-assisted units must comply with the
requirements of this Notice for a minimum period of 15 years, irrespective of the amount of
HOME-ARP funds invested in the project or the activity being undertaken. A PJ may
impose a longer compliance period but should plan for the project's financial feasibility for
the longer period without HOME-ARP funds. The PJ may not use HOME-ARP funds to
provide operating cost assistance, including a capitalized operating cost assistance reserve,
to cover deficits during a PJ's extended compliance period.
If a project-based rental assistance Housing Assistance Payments (HAP)contract is awarded
to a HOME-ARP rental project, a PJ must impose a minimum compliance period that is the
greater of 15 years or the term of the HAP contract. PJs are also encouraged to extend
restrictions for occupancy of the HOME-ARP units in accordance with the requirements in
this section to match the term of eligible HAP contract renewals.
The provisions at 24 CFR 92.252(e)(1)-(4) apply, including the requirement that the PJ must
impose the HOME-ARP rental requirements through a deed restriction, covenant running
with the land, legally binding agreement restricting the use of the property and recorded on
the property in accordance with State recordation laws, or other mechanisms approved by
HUD. The chart providing minimum affordability periods based on rental housing activity
that is contained in 24 CFR 92.252(e) does not apply. The enforceable restriction must
provide that units assisted with HOME-ARP comply with the requirements of this Notice
throughout the minimum 15-year compliance period, including:
a. Units restricted for qualifying populations must be occupied by households that met the
definition of a qualifying population at the time of initial occupancy. The household's
contribution toward rent during this period must be affordable in accordance with
Section VI.B.14 of this Notice. The rents for these units must comply with the rent
limitations established in this Notice, including the rent provisions specified in 24 CFR
92.252(i)(2) for households whose income increases above 80 percent of area median
income and whose contribution to rent complies with the requirements in Section
VI.B.15.
b. Units available for low-income households must be continuously occupied by
households who are income eligible. The rents for these units must comply with the rent
33
limitations established in this Notice, including the rent provisions specified in 24 CFR
92.252(i)(2) for households whose income increases above 80 percent of area median
income.
c. The units must comply with the ongoing property condition standards of 24 CFR
92.251(f)throughout the compliance period as demonstrated by an on-site inspection
within 12 months of project completion and an on-site inspection at least once every
three years thereafter as required by 24 CFR 92.504.
d. Each household that occupies a HOME-ARP unit has an executed lease that complies
with the tenant protections required in Section VI.B.19 of this Notice.
19.Tenant Protections: PJs must verify that each household that occupies a HOME-ARP
assisted unit has an executed lease that complies with the tenant protection requirements of
this Notice. The lease must be either be between the project owner and the household or
between the project owner and a HOME-ARP sponsor with a sublease between the
qualifying household and HOME-ARP sponsor. A HOME-ARP sponsor is a nonprofit
organization that provides housing or supportive services to qualifying households and
facilitates the leasing of a HOME-ARP rental unit to a qualifying household or the use and
maintenance of HOME-ARP TBRA by a qualifying household. PJs may permit a HOME-
ARP sponsor to lease a HOME-ARP unit from an owner or execute a master lease with the
owner of a HOME-ARP project for HOME-ARP units restricted for occupancy by
qualifying households. The HOME-ARP sponsor may then sublease the HOME-ARP rental
unit to the qualifying household. The sublease between the HOME-ARP sponsor and the
qualifying household must comply with the rent limitations and tenant protection
requirements of this Notice.
a. Lease Requirement: There must be a lease between the qualifying household or the low-
income household and the owner of the HOME-ARP-assisted project in accordance with
24 CFR 92.253(a), except that a sublease is permitted if a HOME-ARP sponsor has
executed a master lease or lease with the project owner for the leasing of the units
restricted for occupancy by qualifying households.
b. -Prohibited Lease Terms: The lease between the-low-income household,qualifying
household, or HOME-ARP sponsor and the HOME-ARP project owner or the sublease
between the HOME-ARP sponsor and a qualifying household may not contain any of
the prohibited lease terms specified in 24 CFR 92.253(b).
c. Termination of tenancy: An owner may not terminate the tenancy or refuse to renew the
lease of a tenant of a HOME-ARP unit or of a HOME-ARP sponsor with a sublease with
a qualifying household except for serious or repeated violation of the terms and
conditions of the lease; for violation of applicable Federal, State, or local laws; or for
other good cause. Similarly, a HOME-ARP sponsor may not refuse to renew a sublease
with a qualifying household except for serious or repeated violation of the terms and
conditions of the sublease; for violation of applicable Federal, State, or local laws; or for
34
other good cause. An increase in the tenant's or sublessee's income does not constitute
good cause.
In addition, if HOME-ARP funds were or are used to capitalize an operating cost
assistance reserve or there is a current contract for the PJ to provide operating cost
assistance to the project, an owner may not terminate the tenancy or refuse to renew the
lease of a qualifying household because of the household's inability to pay rent during
the minimum compliance period. A qualifying household's inability to pay rent shall
mean that the qualifying household cannot pay more than 30 percent of the qualifying
household's income.toward rent, based on an income determination made by the PJ in
the last 30 days.
Where there is no capitalized operating reserve or other operating cost assistance to
cover the operating deficit for a HOME-ARP unit occupied by a qualifying household,
the PJ may assist the qualifying household with HOME-ARP TBRA or supportive
services in accordance with the requirements of this Notice.
The above tenant protections are necessary as HOME-ARP requires the PJ to perform
underwriting that reviews the operating feasibility of units occupied by qualifying
households for the 15-year compliance period to determine how HOME-ARP funds may
address the potential for qualifying households to have little to no income to contribute
toward rent.
To terminate or refuse to renew tenancy for any household occupying a HOME-ARP
unit, the owner must serve written notice upon the tenant(and the HOME-ARP sponsor
if the lease is between an owner and HOME-ARP sponsor)at least 30 days before
termination of tenancy, specifying the grounds for the action. In the case of a sublease,
to terminate or refuse to renew tenancy of a qualifying household, the HOME-ARP
sponsor, in accordance with the policy established by the PJ, must notify the PJ in
advance of serving written notice to the qualifying household and must serve written
notice upon the qualifying household at least 30 days before termination of tenancy,
specifying the grounds for the action.
20. Coordinated Entry and Proiect-Specific Waitlists: In accordance with Section IV.0 of
this Notice, PJs must determine whether an owner may use a CoC's CE, a CoC's CE and
other referral sources, or a project-specific waitlist,to select qualifying households for
HOME-ARP units restricted for occupancy by qualifying populations. PJs will make this
determination on a project-by-project basis. Regardless of which method is selected, in all
cases, the PJ must use a project-specific waitlist when selecting households to occupy units
restricted for occupancy by low-income households. Any preferences among qualifying
households must be disclosed in the HOME-ARP allocation plan through the PJ's public
participation process in accordance with Section V.C. of this Notice. The written agreement
between the PJ and the project owner must specify the method the owner must use for
selecting qualifying households for admission to HOME-ARP units.
a. The owner of a HOME-ARP rental project must adopt and follow written tenant
selection policies and criteria for HOME-ARP units that:
35
i. Limits eligibility to households that meet one of the HOME-ARP qualifying
populations definitions or low-income households in accordance with HOME-
ARP requirements; Preferences for households in one or more of the HOME-
ARP qualifying populations must comply with the PJ's preferences and the PJ's
policies and procedures for applying those preferences,if any, and must not
violate nondiscrimination requirements in 24 CFR 92.350.
ii. Do not exclude an applicant with a voucher under the section 8 Housing Choice
Voucher Program(24 CFR 982), or an applicant participating in HOME,
HOME-ARP or other Federal, state or local tenant-based rental assistance
program because of the status of the prospective tenant as a holder of such a
certificate, voucher, or comparable tenant-based assistance document;
iii. Limits eligibility or gives a preference to a particular qualifying population or
segment of the qualifying population if permitted in its written agreement with
the participating jurisdiction(and only if the limitation or preference is described
in the participating jurisdiction's HOME-ARP allocation plan). A preference for
households in one or more of the HOME-ARP qualifying populations must
comply with the PJ's determined preference(s) and the PJ's policies and
procedures for applying the preference(s),if any;
iv. Any limitation or preference must not violate nondiscrimination requirements in
24 CFR 92.350. If the PJ requires the use of a project-specific waitlist to select
qualifying households and/or low-income households for occupancy of HOME-
ARP units, provide for the selection of households from a written waiting list in
the chronological order of their application, insofar as is practicable;
v. Gives prompt written notification to any rejected applicant of the grounds for any
rejection; and,
vi. Complies with the VAWA requirements as described in 24 CFR 92.359.
b. Project-Specific Waitlist—Low-Income Households: A project owner must use a
project-specific waitlist to select households to occupy units restricted for occupancy
by low-income households in accordance with the tenant selection requirements of
24 CFR 92.253(d).
21. Project Completion and Occupancy: HOME-ARP rental projects must meet the
definition of project completion at 24 CFR92.2. If the PJ fails to complete aproject within
4 years of project commitment, it must comply with the terminated project requirements at
24 CFR 92.205(e)(2). If the HOME-ARP units are not occupied by eligible qualifying
households or low-income households within six months following project completion, the
PJ, as applicable, must submit to HUD information on its efforts to coordinate with a CoC,
homeless service providers, social service,and other public agencies to fill units for
qualifying households or must submit marketing information and, if appropriate, a
marketing plan to fill units for low-income households. The PJ must repay any HOME-
ARP funds invested in units that are not rented to eligible qualifying or low-income
households within 12 months of project completion.
22. Penalties for Noncompliance: The PJ must repay HOME-ARP funds invested in rental
housing that is terminated before completion or otherwise does not comply with initial or
ongoing requirements of this Notice during the compliance period, as follows:
36
a. If the noncompliance or termination occurs within the first 10 years of the compliance
period, the PJ must repay the entire amount of HOME-ARP funds invested in the
project.
b. If the noncompliance or termination occurs in years 11 through 15, the repayment
amount will be reduced by 20 percent for each year beyond the initial 10-years during
which time the project was compliant.
Repayment of the HOME-ARP funds is not required if the project owner sells or transfers,
either voluntarily or involuntarily, the HOME-ARP project during the compliance period if
(1) the HOME-ARP restrictions remain, (2)the project and new project owner continues to
comply with all HOME-ARP requirements, and(3)any HOME-ARP funds remaining in a
project's operating cost assistance reserve or reserve for replacement remain with the project
and convey upon sale or transfer of the project as a restricted operating cost assistance
reserve or reserve for replacement subject to HOME-ARP Notice requirements.
23. Operating Cost Assistance Reserve-Management and Oversight: The PJ must require
that any HOME-ARP funds expended for project operating cost assistance reserves are held
by the project owner in a separate interest-bearing account. The PJ must require the project
owner to request written approval from the PJ prior to disbursing funds from the project
operating cost assistance reserve. The PJ must review each requested distribution from the
operating cost assistance reserve, including supporting documentation,to determine that the
distribution is reasonable and necessary to cover the operating deficit associated with
HOME-ARP units occupied by qualifying households. The PJ must, no less than annually,
review the operating cost assistance reserve account to determine that the account is
appropriately sized based on the projected operating deficits of HOME-ARP units restricted
for occupancy by qualifying households: The PJ may require the project owner to enter into
a deposit account control agreement for the operating cost assistance reserve where the PJ
must approve disbursements from the account.
24. End of Compliance Period and Return of Operating Cost Assistance Reserve: Any
unexpended operating cost assistance reserve remaining at the end of the compliance period
must be returned as follows:
a. If the HOME-ARP rental project will continue to operate in accordance with the
HOME-ARP requirements and serve qualifying households beyond the HOME-ARP 15-
year compliance period as demonstrated by enforceable restrictions imposed by the PJ,
the project can retain the operating cost assistance reserve amount to address any
operating deficits associated with the HOME-ARP units occupied by qualifying
households.
b. If the HOME-ARP project will not continue to operate in accordance with the HOME-
ARP requirements and serve qualifying households beyond the 15-year HOME-ARP
compliance period and the HOME-ARP grant has expired or is closed out, the remaining
operating cost assistance reserve funds must be deposited in the PJ's local HOME
37
account and recorded as HOME program income receipt in the Integrated Disbursement
and Information System(IDIS) and used for eligible costs under 24 CFR part 92.
C. Tenant-Based Rental Assistance (TBRA)
HOME-ARP funds may be used to provide tenant-based rental assistance to qualifying
households ("HOME-ARP TBRA"). In HOME-ARP TBRA,the PJ assists a qualifying
household with payments to cover the entire or insufficient amounts that the qualifying
household cannot pay for housing and housing-related costs, such as rental assistance, security
deposits, and utility deposits. HOME-ARP TBRA assisted households may choose to rent a
unit in a HOME-ARP rental project or any other eligible rental unit. HOME-ARP TBRA is a
form of rental assistance that is attached to the household and not a-particular rental unit.
Therefore, the HOME-ARP TBRA assisted household may choose to move to another unit with
continued HOME-ARP TBRA as long as the new unit meets the applicable property standards
of this Notice. If a HOME-ARP TBRA assisted household chooses to move, the rental
assistance contract terminates and a new rental assistance contract for the new unit will be
executed according to HOME-ARP TBRA requirements. The HOME-ARP TBRA assisted
household must notify the PJ before moving in order to receive continued HOME-ARP TBRA.
1. Tenant Selection: Only individuals and families in the qualifying populations are eligible
to receive HOME-ARP TBRA assistance. PJs must perform tenant selection in accordance
with Section IV.0 of this Notice. The PJ must select qualifying households for HOME-
ARP TBRA in accordance with written tenant selection policies and criteria that are based
on local housing needs established in the HOME-ARP allocation plan. The PJ must follow
written tenant selection policies and criteria that:
a. Limit eligibility to households that meet one of the HOME-ARP qualifying populations
definitions in accordance with HOME-ARP requirements. Preferences for households
in one or more of the HOME-ARP qualifying populations, if any,must comply with the
preferences and/or method of prioritization in the PJ's HOME-ARP allocation plan and
the PJ's policies and procedures for applying such preferences, if any, and must not
violate nondiscrimination requirements in 24 CFR 92.350.
b. If the PJ selects HOME-ARP TBRA applicants off a waiting list, it must provide for the
selection of qualifying households from a written waiting list in accordance with the
PJ's preferences-or method-of-prioritization in the chronological-order-of their-
application, insofar as is practicable.
c. Give prompt written notification to any rejected applicant of the grounds for any
rejection, and
d. Comply with the VAWA requirements as described in 24 CFR 92.359.
Finally, the PJ may offer, in conjunction with HOME-ARP TBRA assistance, a
simultaneous award of services in accordance with Section VI.D of this Notice, and also
provide particular types of other nonmandatory services that may be most appropriate for
persons with a special need or a particular disability. Any provision of supportive services
must comply with all requirements of Section VI.D of the Notice and the PJ's policies and
procedures.
38
_2. ..Tenant Protections: PJs must require and verify that there is an executed lease between the
qualifying household that receives HOME-ARP TBRA and the owner of the rental unit or
between the owner of the rental unit and a HOME-ARP sponsor with a sublease between the
qualifying households and the HOME-ARP sponsor, in accordance with 24 CFR 92.253(a).
A HOME-ARP sponsor is a nonprofit organization that provides housing or supportive
services to qualifying households and facilitates the leasing of a rental unit to a qualifying
household or the use and maintenance of HOME-ARP TBRA by a qualifying household.
PJs may permit a HOME-ARP sponsor, as defined in Section VI.B.19, to execute a lease or
master lease with a project owner. The HOME-ARP sponsor must then sublease a unit to a
qualifying household. The lease between the qualifying household and the rental unit owner
or the sublease between the HOME-ARP sponsor and the qualifying household cannot
contain any of the prohibited lease terms specified in 24 CFR 92.253(b).
3. Eligible Costs: Eligible costs under HOME-ARP TBRA include rental assistance, security
deposit payments, and utility deposit assistance to qualifying households. HOME-ARP
funds may be used to pay for up to 100% of these eligible costs. A PJ may use HOME-ARP
TBRA funds to provide loans or grants to qualifying households for security deposits for
rental units regardless of whether the PJ provides any other HOME-ARP TBRA assistance.
The amount of funds that may be provided for a security deposit may not exceed the
equivalent of two months' rent for the unit. Utility deposit assistance is an eligible cost only
if rental assistance or a security deposit payment is provided. Costs of inspecting the
housing are also eligible as costs of HOME-ARP TBRA. Administration of HOME-ARP
TBRA is an eligible cost only if executed in accordance with general management oversight
and coordination at 24 CFR 92.207(a), except that the costs of inspecting the housing and
determining the income eligibility of the family are eligible project costs under HOME-ARP
TBRA.
4. Ineligible Costs: HOME-ARP TBRA may not be used to pay for the homebuyer program
as defined at 24 CFR 92.209(c)(2)(iv).
5. Portability of Assistance: A PJ may require the HOME-ARP TBRA assisted household to
use HOME-ARP TBRA within the PJ's boundaries or may permit the household to use the
assistance outside its boundaries pursuant to 24 CFR 92.209(d).
6. Term of Rental Assistance Contract: The requirements at 24 CFR 92.209(e)defining the
term of the rental assistance contract for providing assistance with HOME funds are waived
for HOME-ARP TBRA. The PJ must determine the maximum term of the rental assistance
contract. The rental assistance contract continues until the end of the rental assistance
contract term, as determined by the PJ, or until the lease or sublease is terminated,
whichever occurs first. The term of the rental assistance contract may be renewed, subject to
the availability of HOME-ARP funds. The term of the rental assistance contract must begin
on the first day of the term of the lease or sublease. HOME-ARP TBRA funds cannot be
used after the end of the budget period.
7. Maximum Subsidy: The PJ must establish policies for the allowable maximum subsidy,
which may differ from the maximum subsidy requirements at 24 CFR 92.209(h). PJs may
39
provide up to 100 percent subsidy for rent, security deposit payments, and utility bills. The
PJ must also establish policies for determining any household contribution to rent based on a
determination of the qualifying household's income.
8. Rent Standard: Consistent with 24 CFR 92.209(h)(3),PJs must also establish a rent
standard for HOME-ARP TBRA by unit size that is based upon local market conditions or
the section 8 Housing Choice Voucher program under 24 CFR part 982. The PJ must
determine whether the rent for a HOME-ARP TBRA household complies with the rent
standard established by the PJ for the HOME-ARP program and must disapprove a lease if
the rent does not meet the PJ's rent standard for HOME-ARP TBRA.
9. Housing Quality Standards: Housing occupied by a household receiving HOME-ARP
TBRA must comply with all housing quality standards required in 24 CFR 982.401 (or
successor inspection standards issued by HUD)unless the tenant is residing in a HOME or
HOME-ARP unit, in which case the PJ may defer to initial and ongoing inspection
standards.
10.Program Operation: The PJ may operate HOME-ARP TBRA itself or may contract with a
PHA or other entity with the capacity to operate a rental assistance program. In either case,
the PJ or entity operating the program must approve the lease. HOME-ARP TBRA may be
provided through an assistance contract with (1) an owner that leases a unit to a qualifying
household; (2)the qualifying household, or(3) an owner and the qualifying household in a
tri-parry contract. In the case of HOME-ARP TBRA provided in coordination with a
HOME-ARP sponsor, as described below, the PJ may require that payments be made
directly to the HOME-ARP sponsor that will make rental payments to the owner on behalf
of the qualifying household or require payments directly to the owner of the unit.
11.HOME-ARP TBRA with a HOME-ARP Sponsor: HOME-ARP TBRA may be provided
in coordination with a HOME-ARP sponsor. As defined in Section VI.B.19, a HOME-ARP
sponsor is a nonprofit organization that provides housing or supportive services to
qualifying households and facilitates the leasing of a HOME=ARP rental unit to a qualifying
household or the use and maintenance of HOME-ARP TBRA by a qualifying household. A
HOME-ARP sponsor may make rental subsidy payments and a security deposit payment on
behalf of a qualifying_ household. Under HOME-ARP TBRA.,a._qualify_ing household may
reside in housing leased by a HOME-ARP sponsor if there is a sublease that complies with
HOME-ARP lease requirements between the HOME-ARP sponsor and the qualifying
household.
a. Rental Assistance Contract: There must be a rental assistance contract between the PJ
and at least one of the following:
• HOME-ARP sponsor;
• Qualifying household; or
• Owner of the housing.
Rental subsidy payments are made on behalf of the HOME-ARP TBRA household
pursuant to a rental assistance contract. The rental assistance contract continues until the
40
lease is terminated or the term of the rental assistance contract expires(and is not
renewed). Regardless of the role of the HOME-ARP sponsor, the HOME-ARP TBRA
household has the right to continued HOME-ARP TBRA assistance if the household
chooses to move from the unit. HOME-ARP TBRA funds cannot be used beyond the
end of the HOME-ARP budget period.
The HOME-ARP sponsor may only receive the TBRA subsidy directly from the PJ on
behalf of the qualifying household if the rental assistance contract is between the
HOME-ARP sponsor and the PJ or the HOME-ARP sponsor and the PJ have entered
into a written agreement as outlined below. The HOME-ARP sponsor must make rental
subsidy payments to the owner on behalf of the qualifying household per the terms and
conditions of the HOME-ARP TBRA contract or written agreement with the PJ. When
the HOME-ARP TBRA assisted household moves to a new unit,the HOME-ARP
sponsor is not required to continue its sponsor relationship with the HOME-ARP TBRA
assisted household for the new rental unit but may do so with the consent of the HOME-
ARP TBRA household.
The PJ must establish policies and procedures regarding termination of HOME-ARP
TBRA assistance for qualifying households who are absent from the rental unit for a
minimum of 60 days and where a HOME-ARP sponsor is leasing the rental unit and
subleasing to the qualifying household or providing HOME-ARP TBRA rental subsidy
payments on behalf of the household.
b. Lease and Sublease: PJs must require and verify that each household that receives
HOME-ARP TBRA assistance has an executed lease that complies with the tenant
protection requirements of this Notice. The lease agreement may be between the project
owner and the HOME-ARP TBRA household, or PJs may permit a HOME-ARP
sponsor to execute a lease with an owner for an individual unit or a master lease for
more than one unit restricted for occupancy by HOME-ARP TBRA households. If the
lease agreement is between the HOME-ARP sponsor and owner, the HOME-ARP
sponsor must execute a sublease agreement with a HOME-ARP TBRA household. The
sublease between the HOME-ARP sponsor and the HOME-ARP TBRA household must
meet the tenant protection requirements of this Notice.
c. Written Agreement with HOME-ARP Sponsor: The PJ must enter into a written
agreement with the HOME-ARP sponsor if the HOME-ARP TBRA rental assistance
contract is not with the HOME-ARP sponsor and the HOME-ARP sponsor will receive
the HOME-ARP TBRA subsidy directly from the PJ. The written agreement must
specify the requirements for the HOME-ARP sponsor receiving the HOME-ARP TBRA
subsidy on behalf of the qualifying household and the HOME-ARP sponsor's obligation
to provide the HOME-ARP TBRA payment to the owner for the unit's required rent.
12. Project Completion: Project completion for a HOME-ARP TBRA project means the final
drawdown has been disbursed for the project.
41
D. Supportive Services
HOME-ARP funds may be used to provide a broad range of supportive services to qualifying
individuals or families as a separate activity or in combination with other HOME-ARP
activities. Supportive services include: a)services listed in section 401(29)of the McKinney-
Vento Homeless Assistance Act ("McKinney-Vento Supportive Services")1 (42 U.S.C.
11360(29)D; b)homelessness prevention services , as described in Section VI.D.3. and D.4
below; and c) housing counseling services.
1. Eligible Program Participants: Supportive services may be provided to individuals and
families who meet the definition of a qualifying population under Section IV.A of this
Notice and who are not already receiving these services through another program. Program
participants in other HOME-ARP activities are eligible for supportive services under this
Notice in accordance with policies and procedures developed by the PJ. These policies and
procedures should identify the length of time that program participants may be served by
HOME-ARP TBRA and/or HOME ARP rental housing before they will no longer be
eligible as a qualifying population for purposes of this section.
2. Client Selection: HOME-ARP funds may only be used to provide supportive services to
individuals or families that meet the defmition of a qualifying population in Section IV.A of
this Notice. PJs must develop policies and procedures for the selection of program
participants for services under this section of the Notice that comply with Section IV.0 and
this section of this Notice.
3. Eligible Supportive Services under HOME-ARP: There are three categories specifically
included as supportive services under HOME-ARP:
a. McKinney-Vento Supportive Services: McKinney-Vento Supportive Services under
HOME-ARP are adapted from the services listed in section 401(29) of McKinney-
Vento.
b. Homelessness Prevention Services: HOME-ARP Homelessness Prevention Services are
adapted from eligible homelessness prevention services under the regulations at 24 CFR
576-102,24 CFR 576.103,24 CFR 576 105,-and 24 CFR 576.106,and are revised,
supplemented, and streamlined in Section VI.D.4.c.i below.
c. Housing Counseling Services: Housing counseling services under HOME-ARP are
those consistent with the definition of housing counseling and housing counseling
services defined at 24 CFR 5.100 and 5.111, respectively, except where otherwise noted.
The requirements at 24 CFR 5.111 state that any housing counseling, as defined in 24
CFR 5.100, required under or provided in connection with any program administered by
HUD shall be provided only by organizations and counselors certified by the Secretary
under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x.
' The Consolidated Appropriations Act,2021 (P.L. 116-260)enacted changes that renumbered section 401(27)to
(29)of McKinney-Vento.
42
HUD-approved Housing Counseling Agencies can.be found on HUD's website at:
http://portal.hud.gov/hudportal/HUD?src=/program ofces/housing/sfh/hcc.
Program requirements and administration under 24 CFR part 214 apply to the provision of
HOME-ARP Housing Counseling supportive services except those provisions related to
current homeowners do not apply. Eligible HOME-ARP topics under Housing Counseling
include but are not limited to the following examples:
Rental Housing Pre-Purchase Homebuying Homeless Services Topics
Counseling Topics Topics (24 CFR 214.300(e)(5))
(24 CFR 214.300(ej4)) (24 CFR 214 300(e)(1))
HUD rental and rent Advice regarding readiness Homeless assistance
subsidy programs and preparation information regarding
emergency shelter
Other federal, state,or Federal Housing Other emergency services
local assistance Administration insured
financing
Fair housing Housing selection and Transitional housing
mobility
Rental search assistance Housing search assistance Referral to local, state, and
federal resources (24 CFR
214.300(b)(2))
Landlord tenant laws Fair housing and predatory
lending 1.
Lease terms Budgeting and credit
Rent delinquency Loan product comparison
Referrals to local, state, Purchase procedures and
and federal resources closing costs
Referrals to local, state, and
federal resources
Housing Counseling surrounding the following topics are ineligible under HOME-ARP:
• Resolving or preventing mortgage delinquency, including, but not limited to default
and foreclosure, loss mitigation, budgeting, and credit;
• Home maintenance and financial management for homeowners, including, but not
limited to: Escrow funds,budgeting, refinancing, home equity, home improvement,
utility costs, energy efficiency, rights and responsibilities of homeowners, and
reverse mortgages.
In accordance with 24 CFR 214.300(a)(2), housing counselors must establish an action plan
for each participating qualifying individual or family. Additionally, as per 24 CFR
43
214.300(c), housing counselors must also make reasonable efforts to have follow-up
communications with participating qualifying individuals, when possible, to assure that the
individual or family is progressing toward the housing goal established in the plan, to
modify or terminate housing counseling, and to learn and report outcomes.
4. Eligible Costs of Supportive Services for Qualifying Individuals and Families: HOME-
ARP funds may be used to pay eligible costs associated with the HOME-ARP supportive
services activity in accordance with the requirements in this Notice. Eligible costs that may
be paid using HOME-ARP funds are limited to only those identified in Section VI.D.4.c
below. Any ineligible costs paid using HOME-ARP funds must be repaid in accordance
with the requirements of this Notice.
HUD has used its discretion in ARP to include eligible costs for supportive services that are
necessary to assist the qualifying populations,prevent homelessness, or to enable qualifying
households to obtain and maintain housing. The list of eligible costs associated with
McKinney-Vento Supportive Services and Homelessness Prevention Services is in Section
VI.D.4.c.i of this Notice.
While all qualifying households are eligible to receive supportive services under this
activity, the PJ must establish requirements for documenting eligible costs for an individual
or family in a qualifying population(as defined in Section IV.A of this Notice) as
McKinney-Vento supportive services, homelessness prevention services, or Housing
Counseling.
If a person is homeless, then the person is eligible to be provided the supportive services as
McKinney-Vento supportive services for the costs allowable in Section VI.D.4.c below. If a
person is housed and the supportive services are intended to help the program participant
regain stability in the program participant's current permanent housing or move into other
permanent housing to achieve stability in that housing then the person is eligible for
homelessness prevention services for the costs allowable in Section VI.D.4.c.i below.
Housing Counseling services may be provided regardless of whether a person is homeless or
currently housed.
PJs must document in their files which types of supportive services they wish to offer
program participants. If PJs are using a supportive services provider, PJs must document in
their written agreements with supportive service providers whether they are authorizing
McKinney-Vento supportive services, homelessness prevention services, Housing
Counseling services or some combination of the three. Only the supportive services that are
authorized in the written agreement with the supportive service provider may be provided to
program participants by that supportive service provider and only program participants that
are eligible for those supportive services may be served. As such, supportive services
providers must demonstrate through their documentation that the individuals served were
eligible to receive the supportive services that were authorized under the written agreement
in order for those costs to be eligible.
44
Consistent with the requirements in this section, the PJ may set a maximum dollar amount
that a program participant may receive for each type of service described in Section
VI.D.4.c. below and may also set a maximum period for which a program participant may
receive any of the types of assistance or services.
a. Oversight of Eligible Costs: All supportive service costs paid for by HOME-ARP must
comply with the requirements of this Notice, including requirements in 2 CFR part 200,
subpart E, Cost Principles that require costs be necessary and reasonable. If a qualifying
household is already receiving the same eligible supportive service or has been approved
to receive the same service through another program or provider,the program participant
does not have a need for the HOME-ARP service and the costs related to the service do
not comply with the Cost Principles. The PJ is responsible for establishing requirements
that allow a program participant to receive only the HOME-ARP services needed so
there is no duplication of services or assistance in the use of HOME-ARP funds for
supportive services. This may include the use of systems such as Homeless
Management Information Systems in coordination with local supportive service
providers, CoCs, and other nonprofit organizations.
b. Direct provision of services: PJs contracting with service providers engaged directly in
the provision of services under the HOME-ARP eligible supportive services categories,
shall have written agreements or contracts that comply with the requirements of this
Notice and, to the extent practicable, enter into agreements or contracts in amounts that
cover the actual total program costs and administrative overhead to provide the services
contracted.
If the services outlined in paragraph c. below are being directly delivered by the PJ or a
subrecipient, the following costs are eligible project delivery costs for those services:
• the costs of labor or supplies and materials incurred by the PJ or subrecipient in
directly providing supportive services to program participants.
• the salary and benefit packages of the PJ and subrecipient staff who directly deliver
the services.
These project delivery costs must be attributable to the identifiable objective of the
service delivered, otherwise they are administrative costs of the PJ or subrecipient.
c. Eligible Costs:
i. Eligible Costs for McKinney Vento Supportive Services and Homelessness
Prevention Services: Eligible costs for supportive services under either of these two
categories include costs associated with the following services:
(A) Child care: The costs of child care for program participants, including
providing meals and snacks, and comprehensive and coordinated
developmental activities, are eligible. The child care center must be licensed
by the jurisdiction in which it operates in order for its costs to be eligible. The
following conditions also apply:
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• Children must be under the age of 13 unless the children have a disability.
• Children with a disability must be under the age of 18.
(B) Education services: The costs of improving knowledge and basic educational
skills are eligible costs including:
• Instruction or training in consumer education,health education, substance
abuse prevention, literacy, English as a Second Language, and General
Educational Development(GED).
• Screening, assessment, and testing; individual or group instruction;
tutoring; provision of books, supplies, and instructional material;
counseling; and referral to community resources.
(C) Employment assistance and job training: The costs of establishing and/or
operating employment assistance and job training programs are eligible,
including classroom, online and/or computer instruction, on-the-job
instruction, services that assist individuals in securing employment, acquiring
learning skills, and/or increasing earning potential. The cost of providing
reasonable stipends to program participants in employment assistance and job
training programs is also an eligible cost.
• Learning skills include those skills that can be used to secure and retain a
job, including the acquisition of vocational licenses and/or certificates.
• Services that assist individuals in securing employment consist of:
• Employment screening, assessment, or testing;
• Structured job skills and job-seeking skills;
• Special training and tutoring, including literacy training and pre-
vocational training;
• Books and instructional material;
• Counseling or job coaching; and
• Referral to community resources.
(D) Food: The cost of providing meals or groceries to program participants is
eligible.
(E) Housing search and counseling services: Costs of assisting eligible program
participants to locate, obtain, and retain suitable housing are eligible. Services
are:
• Development of an action plan for locating housing;
• Housing search;
• Tenant counseling;
• Securing utilities;
• Making moving arrangements;
• Outreach to and negotiation with owners;
• Assistance submitting rental applications and understanding leases;
• Assessment of housing for compliance with HOME-ARP requirements
for TBRA assistance in Section VI.0 of this Notice and financial
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assistance for short-term and medium-term rental payments provided
under Section VI.D.4.c.i.(R)below;
• Assistance obtaining utilities; and
• Tenant counseling;
• Mediation with property owners and landlords on behalf of eligible
program participants;
• Credit counseling,accessing a free personal credit report, and resolving
personal credit issues;and
• Payment of rental application fees;
• Other Housing counseling costs, as defined in 24 CFR 5.100, funded
with or provided in connection with grant funds must be carried out in
accordance with 24 CFR 5.111.
Please Note: When PJs or subrecipients provide housing services to eligible
persons that are incidental to a larger set of holistic case management
services,these services do not meet the definition of Housing counseling,
as defined in 24,CFR 5.100, and therefore are not required to be carried out
in accordance with the certification requirements of 24 CFR 5.111.
(F) Legal services: Eligible costs are the fees charged by licensed attorneys and
by person(s) under the supervision of licensed attorneys, for advice and
representation in matters that interfere with a qualifying individual or
family's ability to obtain and retain housing.
• Eligible subject matters are child support; guardianship;paternity;
emancipation; legal separation; orders of protection and other legal
remedies for victims of domestic violence, dating violence, sexual
assault,human trafficking, and stalking; appeal of veterans and public
benefit claim denials; landlord-tenant disputes; and the resolution of
outstanding criminal warrants; landlord/tenant matters, provided that the
services must be necessary to resolve a legal problem that prohibits the
program participant from obtaining permanent housing or will likely
result in the program participant losing the permanent housing in which
the program participant currently resides.
• Legal services for immigration and citizenship matters and for issues
related to mortgages and homeownership are ineligible. Retainer fee
arrangements and contingency fee arrangements are prohibited.
• Services may include client intake, receiving and preparing cases for
trial,provision of legal advice, representation at hearings, and
counseling.
• Fees based on the actual service performed(i.e., fee for service) are also
eligible, but only if the cost would be less than the cost of hourly fees.
Filing fees and other necessary court costs are also eligible. If the
subrecipient is a legal services provider and performs the services itself,
the eligible costs are the subrecipient's employees' salaries and other
costs necessary to perform the services.
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(G) Life skills training: The costs of teaching critical life management skills that
may never have been learned or have been lost during the course of physical
or mental illness, domestic violence, dating violence, sexual assault, stalking,
human trafficking, substance abuse, and homelessness are eligible. These
services must be necessary to assist the program participant to function
independently in the community. Life skills training includes:
• the budgeting of resources and money management, household
management, conflict management, shopping for food and other needed
items,nutrition, the use of public transportation,and parent training.
(H) Mental health services: Eligible costs are the direct outpatient treatment of
mental health conditions that are provided by licensed professionals.
• Mental health services are the application of therapeutic processes to
personal, family, situational, or occupational problems in order to bring
about positive resolution of the problem or improved individual or family
functioning or circumstances. Problem areas may include family and
marital relationships,parent-child problems,or symptom management.
• Services are crisis interventions; counseling; individual, family, or group
therapy sessions; the prescription of psychotropic medications or
explanations about the use and management of medications; and
combinations of therapeutic approaches to address multiple problems.
(I) Outpatient health services: Eligible costs are the direct outpatient treatment of
medical conditions when provided by licensed medical professionals
including:
• Providing an analysis or assessment of a program participant's health
problems and the development of a treatment plan;
• Assisting program participants to understand their health needs;
• Providing directly or assisting program participants to obtain and utilize
appropriate medical treatment;
• Preventive medical care and health maintenance services, including in-
home health services and emergency medical services;
• Provision of appropriate medication;
• Providing follow-up services; and
• Preventive and non-cosmetic dental care.
(J) Outreach services: The costs of activities to engage qualified populations for
the purpose of providing immediate support and intervention, as well as
identifying potential program participants, are eligible.
• Eligible costs include the outreach worker's transportation costs and a cell
phone to be used by the individual performing the outreach.
• Costs associated with the following services are eligible: initial
assessment; crisis counseling; addressing urgent physical needs, such as
providing meals, blankets, clothes, or toiletries; actively connecting and
providing people with information and referrals to homeless and
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mainstream programs; and publicizing the availability of the housing
and/or services provided within the PJ's geographic area.
(K) Substance abuse treatment services: Eligible substance abuse treatment
services are designed to prevent, reduce, eliminate, or deter relapse of
substance abuse or addictive behaviors and are provided by licensed or
certified professionals. The costs include:
• Program participant intake and assessment;
• Outpatient treatment;
• Group and individual counseling
• Drug testing;
• Inpatient detoxification and other inpatient drug or alcohol treatment are
ineligible.
(L) Transportation: Eligible costs are:
• The costs of program participant's travel on public transportation or in a
vehicle provided by the PJ or subrecipient to and from medical care,
employment, childcare, or other services eligible under this Notice;
• Mileage allowance for service workers to visit program participants and
to carry out housing inspections;
• The cost of purchasing or leasing a vehicle in which staff transports
program participants and/or staff serving program participants;
• The cost of gas, insurance,taxes, and maintenance for the vehicle;
• The costs of PJ or subrecipient staff to accompany or assist program
participants to utilize public transportation; and
• If public transportation options are not sufficient within the area, the PJ
may make a one-time payment on behalf of a program participant
needing car repairs or maintenance required to operate a personal vehicle,
subject to the following:
• Payments for car repairs or maintenance on behalf of the program
participant may not exceed 10 percent of the Blue Book value of the
vehicle(Blue Book refers to the guidebook that compiles and quotes
prices for new and used automobiles and other vehicles of all makes,
models, and types);
• Payments for car repairs or maintenance must be paid by the PJ or
subrecipient directly to the third party that repairs or maintains the
car; and
• PJs or subrecipients may require program participants to share in the
cost of car repairs or maintenance as a condition of receiving
assistance with car repairs or maintenance.
• The PJ must establish policies and procedures surrounding payments for
the cost of gas, insurance, taxes, the one-time payment for car repairs or
maintenance described above, and maintenance for vehicles of program
participants. Such costs must be limited to program participants with the
inability to pay for such costs and who, without such assistance, would
not be able to participate in eligible services under this Section VI.D.4.c.i.
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(M) Case management: The costs of assessing, arranging, coordinating, and
monitoring the delivery of individualized services to meet the needs of the
program participant(s) are eligible costs. PJs and subrecipients providing these
supportive services must have written standards for providing the assistance.
Eligible costs are those associated with the following services and activities:
• Conducting the initial evaluation, including verifying and documenting
eligibility, for individuals and families applying for supportive services;
• Counseling;
• Developing, securing, and coordinating services;
• Using a centralized or coordinated assessment system that complies with
the requirements of Section N.0 of the Notice;
• Obtaining federal, State, and local benefits;
• Monitoring and evaluating program participant progress;
• Providing information and referrals to other providers;
• Providing ongoing risk assessment and safety planning with victims of
domestic violence, dating violence, sexual assault, stalking, and human
trafficking;
• Developing an individualized housing and service plan, including
planning a path to permanent housing stability; and
• Conducting re-evaluations of the program participant's eligibility and the
types and amounts of assistance the program participant needs.
(N) Mediation: HOME-ARP funds may pay for mediation between the program
participant and the owner or person(s) with whom the program participant is
living,provided that the mediation is necessary to prevent the program
participant from losing permanent housing in which the program participant
currently resides.
(0) Credit repair: HOME-ARP funds may pay for credit counseling and other
services necessary to assist program participants with critical skills related to
household budgeting, managing money, accessing a free personal credit report,
and resolving personal credit problems. This assistance does not include the
payment or modification of a debt.
(P) Landlord/Tenant Liaison: Costs of liaison services between property
managers/owners and program participants are eligible HOME-ARP costs and
may include:
• Landlord outreach;
• Physical inspections and rent reasonable studies as needed to secure
units;
• Rental application fees and security deposits for clients, in accordance
with the financial assistance costs requirements in (R);
• Mediation services in(N) for housing issues that may arise between
owner, property manager, or other residents and clients;
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• Coordination or assistance with the provision of other_HOME-ARP
eligible services to assist clients to maintain permanent housing.
(Q) Services for special populations: HOME-ARP funds may be used to provide
services for special populations, such as victim services, so long as the costs of
providing these services are eligible under this section. The term victim services
means services that assist program participants who are victims of domestic
violence, dating violence, sexual assault, stalking, or human trafficking including
services offered by rape crisis centers and domestic violence shelters, and other
organizations with a documented history of effective work concerning domestic
violence, dating violence, sexual assault, stalking, or human trafficking.
(R) Financial assistance costs: HOME-ARP funds may be used to pay housing
owners,utility companies, and other third parties for the following costs, as
applicable:
• Rental application fees: Rental housing application fee that is charged by
the owner to all applicants.
• Security deposits: A security deposit that is equal to no more than 2
months' rent. This assistance is separate and distinct from the provision
of financial assistance for First,and Last Month's rent provided under this
section and cannot be used to duplicate those costs.
• Utility deposits: HOME-ARP funds may pay for a standard utility
deposit or initiation fee required by the utility company or owner(if
owner-paid utilities are provided) for all program participants for the
following utilities:
• Gas
• Electric
• Water
• Sewer
• Utility payments: HOME-ARP funds may pay for up to 24 months of
utility payments per program participant,per service, including up to 6
months of utility payments in arrears, per service. A partial payment of a
utility bill counts as one month. This assistance may only be provided if
the program participant or a member of the same household has an
account in his or her name with a utility company or proof of
responsibility to make utility payments. Eligible utility services are gas,
electric, water, and sewage. No program participant shall receive more
than 24 months of utility assistance within any 3-year period.
• Moving costs: HOME-ARP funds may pay for moving costs, such as
truck rental or hiring a moving company. This assistance may include
payment of temporary storage fees for up to 3 months,provided that the
fees are accrued after the date the program participant begins receiving
assistance under this section of the Notice and before the program
participant moves into permanent housing. Payment of temporary
storage fees in arrears is not eligible.
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• First and Last month's rent: If necessary to obtain housing for a program
participant, HOME-ARP funds may be used to make a pre-payment of
the first and last month's rent under a new lease to the owner at the time
the owner is paid the security deposit for the program participant's
tenancy in the housing. This assistance must not exceed two month's rent
and must be tracked for purposes of determining the total short- and
medium-term fmancial assistance for rent that the program participant
may receive. This assistance is separate and distinct from financial
assistance for Security Deposits provided under this section and cannot
be used to duplicate those costs.
• Payment of rental arrears: HOME-ARP funds may be used for a one-
time payment for up to 6 months of rent in arrears, including any late fees
or charges on those arrears, if necessary for the household to maintain
their existing housing or, for those without housing, if necessary to
remove a demonstrated barrier to obtaining housing.
(S) Short-term and medium-term financial assistance for rent: Subject to the
following conditions, a PJ may provide a program participant with short-term or
medium-term financial assistance for rent,provided that the total financial
assistance provided, including any pre-payment of first and last month's rent as
described above, does not exceed 24 months of rental payments over any 3-year
period.
• Short-term means up to 3 months.
• Medium-term means more than 3 months but not more than 24 months.
• The PJ may make rental payments only to an owner with whom the PJ
has entered into a financial assistance agreement for rental payment. The
financial assistance agreement must set forth the terms under which rental
payments will be provided, including the requirements that apply under
this Notice. The financial assistance agreement must provide that, during
the term of the agreement, the owner must give the PJ a copy of any
notice to the program participant to vacate the housing unit or any
complaint used under State or local law to commence an eviction action
against--the-program participant-The owner must-serve written notice
upon the program participant at least 30 days before termination of
tenancy specifying the grounds for the action. Each financial assistance
agreement that is executed or renewed must comply with the
requirements in 24 CFR 92.359.
• The PJ must make timely payments to each owner in accordance with the
financial assistance agreement. The financial assistance agreement must
contain the same payment due date, grace period, and late payment
penalty requirements as the program participant's lease. The PJ is solely
responsible for paying late payment penalties that it incurs with non-
HOME-ARP funds.
• Rental payments cannot be provided unless the rent does not exceed
the Fair Market Rent established by HUD, as provided under 24 CFR
52
part 888,and complies with HUD's standard of rent reasonableness,
as established under 24 CFR 982.507.
• Each program participant receiving financial assistance for rental
payments must have a legally binding, written lease for the rental
unit,unless the assistance is solely for rental arrears. The lease must
be between the owner and the program participant. Where the
financial assistance is solely for rental arrears, an oral agreement may
be accepted in place of a written lease, if the agreement gives the
program participant an enforceable leasehold interest under state law
and the agreement and rent owed are sufficiently documented by the
owner's financial records,rent ledgers, or canceled checks. New
leases must have an initial term of 1 year unless a shorter period is
agreed upon by the program participant and owner. The lease
requirements in 24 CFR 92.359 apply to this financial assistance.
• PJs must establish requirements to prevent the provision of short-or
medium-term financial assistance for rent for the same period for
which a program participant is receiving rental assistance or living in
housing provided with ongoing assistance(such as project-based
rental assistance or operating subsidies).
• If a program participant receiving financial assistance for short- or
medium-term rental payments under this section meets the conditions
for an emergency transfer under 24 CFR 5.2005(e), HOME-ARP
funds may be used to pay amounts owed for breaking a lease to
effectuate an emergency transfer. These costs are not subject to the
24-month limit on rental payments.
Ineligible costs-Financial assistance cannot be provided to a program
participant who is receiving the same type of assistance through other public
sources. Financial assistance also cannot be provided to a program participant
who has been provided with replacement housing payments under the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended(42 USC 4601 et seq.) and its implementing regulations at 49 CFR part
24, or Section 104(d) of the Housing and Community Development Act of 1974
(42 USC 5304(d)and its implementing regulations at 24 CFR part 42,during the
period of time covered by the replacement housing payments.
ii. Eligible Costs Associated with Housing Counseling under 24 CFR 5.100 and
5.111: Costs associated with housing counseling services as defined at 24 CFR
5.100 and 5.111 are eligible under HOME-ARP. As homeowner assistance and
related services are not eligible HOME-ARP activities, costs for the provision of
services related to mortgages and homeownership to existing homeowners are
also not eligible under HOME-ARP. If a program participant is a candidate for
homeownership, costs associated with pre-purchase homebuying counseling,
education and outreach are eligible under HOME-ARP. Eligible costs are those
costs associated with the services listed in 24 CFR part 214 and include, but are
not limited to:
53
(A) Staff salaries and overhead costs of HUD-certified housing counseling
agencies related to directly providing eligible housing counseling services
to HOME-ARP program participants;
(B) Development of a housing counseling workplan;
(C) Marketing and outreach;
(D) Intake;
(E) Financial and housing affordability analysis;
(F) Action plans that outline what the housing counseling agency and the client
will do to meet the client's housing goals and that address the client's
housing problem(s);
(G) Follow-up communication with program participants.
5. Termination of assistance to program participants:
a. Termination of assistance: The PJ may terminate assistance to a program participant
who violates program requirements or conditions of occupancy or no longer needs the
services as determined by the PJ. Termination under this section does not bar the PJ
from providing further assistance at a later date to the same individual or family under
this Notice.
b. Due process: The PJ must establish policies and procedures for termination of
assistance to program participants. In terminating assistance to a program participant,
the PJ must provide a formal process that recognizes the rights of individuals receiving
assistance under the due process of law. This process, at a minimum, must consist of:
i. Providing the program participant with a written copy of the program rules and
the termination process before the participant begins to receive assistance;
ii. Written notice to the program participant containing a clear statement of the
reasons for termination;
iii. A review of the decision, in which the program participant is given the
opportunity to present written or oral objections before a person other than the
person(or a subordinate of that person)who made or approved the termination
decision; and
iv. Prompt written notice of the final decision to the program participant.
During this process,the RI mustprovide-effective communication-and accessibility for
individuals with disabilities, including the provision of reasonable accommodations.
Similarly,the PJ must provide meaningful access to persons with LEP.
6. Commitment: For supportive services, commitment means that before disbursing any
HOME-ARP funds to any entity, the PJ executed a legally binding written agreement that
complies with HOME-ARP requirements with the contractor or subrecipient providing the
supportive service (that includes the date of the signature of each person signing the
agreement).
7. Policies and Procedures: PJs must establish the following policies and procedures in
compliance with this notice:
54
a. Tenant selection procedures in accordance with Section IV.C.2 and this section;
b. Eligibility of program participants in other HOME-ARP activities for supportive
services under Section VI.D.4.c.i above including the length of time that program
participants may be served by HOME-ARP TBRA and/or HOME ARP rental housing
before they will no longer be eligible as a qualifying population for purposes of this
section;
c. If the PJ chooses to set maximum amounts and/or maximum periods for assistance or
services, the maximum dollar amount that a program participant may receive for each
type of service described in Section VI.D.4.c.i above and/or maximum periods for
which a program participant may receive any of the types of assistance or services
under this section;
d. Documentation of eligible costs;
e. Requirements that allow a program participant to receive only the HOME-ARP services
needed so there is no duplication of services or assistance in the use of HOME-ARP
funds for supportive services;
f. Payments for the cost of gas, insurance, taxes,the one-time payment for car repairs or
maintenance described above, and maintenance for vehicles of program participants;
g. Financial assistance for short-term and medium-term rental payments under this Notice,
including requirements to prevent a duplication of rental or financial assistance
provided to a program participant;
h. Housing stability case management; and
i. Termination of assistance to program participants.
8. Project Completion:Project completion for a HOME-ARP Supportive Services project
means the final drawdown has been disbursed for the project.
E. Acquisition and Development of Non-Congregate Shelter
A non-congregate shelter(NCS) is one or more buildings that provide private units or rooms as
temporary shelter to individuals and families and does not require occupants to sign a lease or
occupancy agreement. HOME-ARP funds may be used to acquire and develop HOME-ARP
NCS for individuals and families in qualifying populations. This activity may include but is not
limited to the acquisition of land and construction of HOME-ARP NCS or acquisition and/or
rehabilitation of existing structures such as motels, hotels, or other facilities to be used for
HOME-ARP NCS. HOME-ARP funds may not be used to pay the operating costs of HOME-
ARP NCS. Consequently, PJs must consider the availability of ongoing operating funds for the
HOME-ARP NCS so that the HOME-ARP NCS can remain viable through the restricted use
period specified in this Notice.
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During the restricted use period, HOME-ARP NCS may:
• Remain as HOME-ARP NCS in compliance with the requirements of this Notice.
• Be used as a non-congregate emergency shelter under the Emergency Solutions Grants
(ESG)program (Subtitle B of title IV of the McKinney-Vento Homeless Assistance Act)
(42 USC 11371 et seq.), in which case the non-congregate shelter must be operated in
compliance with all requirements at 24 CFR part 576 that apply when ESG funds are
provided for operating costs or essential services in the shelter. During any period for
which ESG funds are provided,the applicable ESG requirements shall govern in the
event of any conflict with HOME-ARP requirements.
• Be converted to permanent affordable housing according to the requirements established
in Section VI.E.11 of this Notice.
• Be converted to permanent housing as defined in Subtitle C of title IV of the McKinney-
Vento Homeless Assistance Act(42 USC 11381 et seq.) according to requirements of
this Notice and 24 CFR part 578.
1. Admission and Occupancy: HOME-ARP NCS units may only be occupied by individuals
or families that meet the criteria for one or more of the qualifying populations as defined in
Section IV.A. of this Notice. Where applicable, occupancy of NCS units by qualifying
populations must be in accordance with the requirements in Section 1V.0 of this Notice.
The PJ must not allow qualifying populations to be charged occupancy fees or other charges
to occupy a HOME-ARP NCS unit unless the PJ determines such fees and charges to be
customary and reasonable and the charges comply with 24 CFR 578.77(b).
To ensure that access to HOME-ARP NCS by qualifying populations is effectively
integrated with other assistance and services, PJs are encouraged to incorporate each
HOME-ARP NCS into the CE established by the CoC(s) for the area the NCS is funded to
serve, provided that the CE is used in accordance with Section IV.0 of this Notice. Whether
or not packaged with NCS funding, HOME-ARP supportive services may also be provided
as needed to qualifying individuals and families served by the HOME-ARP NCS in
accordance with the requirements contained in Section VI.D of this Notice.
No individual or family may be denied admission to or removed from a HOME-ARP NCS
unit on the basis or as a direct result of the fact that the individual or family is or has been a
victim of domestic violence,dating violence, sexual assault,sulking,or human trafficking if
the individual or family meets the criteria of one of the qualifying populations.
2. Eligible Activities: HOME-ARP funds may be used to acquire and/or rehabilitate or
construct HOME-ARP NCS units to serve qualifying populations. Acquisition of vacant
land or demolition of existing structures may be undertaken only as part of a HOME-ARP
NCS project. HOME-ARP NCS units acquired and/or developed with HOME-ARP funds
must meet the requirements of this Notice, i.e.,be used as HOME-ARP NCS or used as
emergency shelter under ESG for the restricted use period established in Section VI.E.9 of
this Notice.
3. Eligible Costs: HOME-ARP funds may be used for actual costs of acquiring NCS or
developing HOME-ARP NCS as follows:
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a. Acquisition Costs: Costs to acquire improved or unimproved real property.
b. Demolition Costs: Costs of demolishing existing structures for the purpose of
developing HOME-ARP NCS.
c. Development Hard Costs: Costs identified in 24 CFR 92.206(a) to rehabilitate or
construct HOME-ARP NCS units, except costs must be for meeting the physical
standards established in Section VI.E.7 of this Notice.
d. Site Improvements: Costs to make improvements to the project site,including
installation of utilities or utility connections, and the construction or rehabilitation of
laundry,community facilities, on-site management, or supportive service offices.
e. Related Soft Costs: Reasonable and necessary costs incurred by the PJ and owner
associated with the financing, acquisition, and development of HOME-ARP NCS
projects, including costs identified in 24 CFR 92.206(d) with the following exceptions:
i. Costs to provide information services such as affirmative marketing to
prospective homeowners and tenants are not eligible.
ii. Costs of funding an initial operating deficit reserve are not eligible.
iii. Costs of project-specific assistance to community housing development
organizations, including technical assistance and site control loans or seed
money loans as specified in 24 CFR 92.301 are not eligible.
f. Replacement Reserve: Costs to capitalize a replacement reserve to pay the reasonable
and necessary costs of replacing major systems and their components whose useful life
will end during the restricted use period. Major systems include structural support,
roofing, cladding, and weatherproofing, plumbing, electrical and HVAC. The costs of
replacing major systems must be determined through a Capital Needs Assessment or
documented in writing after an inspection by the PJ or PJ-selected contractor to assess
the remaining useful life of major systems expected upon completion of the HOME-
ARP NCS project. The costs of a replacement reserve must be included in the project
budget in the written agreement along with a list of major systems to be replaced with
the reserve and projected replacement schedule during the restricted use period(i.e.,
reserve for replacement analysis). Rehabilitation planned to be completed with HOME-
ARP NCS reserve funds at a later date must be included in IDIS as a rehabilitation
activity at initial commitment.
4. Prohibited Costs: HOME-ARP funds may not be used to:
a. Pay any operating costs of a HOME-ARP NCS project.
b. Provide additional HOME-ARP investment in a HOME-ARP NCS project during the
restricted use period, except that additional HOME-ARP funds can be invested in the
project up to one year after project completion in IDIS for eligible costs.
57
c. Pay costs of a conversion of HOME-ARP NCS as described in Section VI.E.11 of this
Notice.
d. Provide non-Federal matching contributions required under any other Federal program.
e. Provide assistance for uses authorized under section 9 of the U.S. Housing Act of 1937
(42 U.S.C. 1437g) (Public Housing Capital and Operating Funds).
f. Provide assistance to eligible low-income housing under 24 CFR part 248 (Prepayment
of Low-Income Housing Mortgages).
g. Pay for the acquisition of property owned by the PJ, except for property acquired by the
PJ with HOME-ARP NCS funds, or property acquired in anticipation of carrying out a
HOME-ARP NCS project.
h. Pay delinquent taxes, fees, or charges on properties to be assisted with HOME-ARP
NCS funds.
i. Pay for any cost that is not eligible under this Notice.
5. Commitment: PJs must commit HOME-ARP funds before disbursing funds for a HOME-
ARP NCS project. HOME-ARP funds are committed to a HOME-ARP NCS project when
the PJ executes a legally binding written agreement that meets the requirements in this
Notice.
If the project is an acquisition-only activity,the PJ may commit HOME-ARP funds if it
reasonably expects the project will be operated as HOME-ARP NCS within 6 months of the
date of acquisition. Acquisition-only HOME-ARP NCS projects may be performed when
the PJ reasonably determines that the units acquired will not require rehabilitation to meet
the property standards in Section VI.E.7 of this Notice. If the project is not in active use as
HOME-ARP NCS within 6 months of the acquisition, HUD may require the PJ to submit a
schedule for placing the project into operation within a period determined by HUD or may
require the PJ to repay the funds to its HOME-ARP Treasury Account.
For projects-that will involve rehabilitation or new or without acquisition,
the PJ may commit HOME-ARP funds if it reasonably expects development to begin within
12 months of the date of commitment.
6. Project Development Due Diligence: HOME-ARP NCS projects must meet the
requirements of this Notice for the restricted use period. Consequently, before awarding
HOME-ARP funds to a HOME-ARP NCS project,PJs must determine that acquisition
and/or development is financially feasible. The PJ is responsible for maintaining continued
operation of the NCS in accordance with this Notice throughout the restricted use period.
Therefore, the PJ must consider whether the HOME-ARP NCS project has secured or has a
high likelihood of securing operating funding because operating costs cannot be paid with
HOME-ARP.
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PJs must assess HOME-ARP NCS projects, including a review of information from the
owner and/or developer that demonstrates the project's financial feasibility throughout the
restricted use period. Before awarding funds for HOME-ARP NCS,the PJ must:
• Require that the developer submit evidence of appropriate skills and experience
related to the development of shelters or similar facilities.
• Require the owner to submit evidence of prior experience with operating shelters.
• Require an,acquisition or development budget, timeline, and sources and uses
statement for the acquisition and/or development of the project be submitted for
review.
• Require the owner to submit a proposed operating budget, including secured sources
for operating costs and any operating gap that will require additional assistance. If
there is a gap in the operating budget, the PJ should require the owner to submit a
plan for securing additional private, local, state, or Federal funding sufficient for
successful operation of the project.
Before committing funds,PJs should also determine whether the owner intends to continue
operating the project as HOME-ARP NCS or emergency shelter NCS under ESG for the
entire full restricted use period or plans to convert the HOME-ARP NCS to permanent
affordable housing or CoC permanent housing during the restricted use period, once the
minimum use period for HOME-ARP NCS established in this section is completed. If a
HOME-ARP NCS project owner intends to convert the project to CoC permanent housing
or permanent supportive housing during the restricted use period,the PJ is encouraged to
pursue partnership and leveraging opportunities with the CoC early in the planning stage of
a HOME-ARP NCS project. In such instances,the PJ should consider the physical design
needs of an eventual conversion in its evaluation of the HOME-ARP NCS project.
7. Property and Habitability.Standards: HOME-ARP NCS projects must meet the
minimum HOME-ARP property standards prior to occupancy and the HOME-ARP NCS
ongoing property standards throughout the restricted use period as described in this Notice.
An"acquisition only"project must meet the HOME-ARP NCS minimum property
standards described in paragraph a. below at the time of acquisition. If the project requires
rehabilitation or repair to meet the minimum property standards,the project is considered
acquisition and rehabilitation irrespective of the source of funds used for the rehabilitation
or repair and must meet the NCS rehabilitation standards in paragraph b. below. In addition,
PJs must meet the standards required in this Notice for rehabilitation or new construction, as
applicable. The PJ must determine that construction contracts and documents describe the
work to be completed in adequate detail to establish a basis for inspection to determine that
all work was completed to contracted specifications and that the project met the HOME-
ARP NCS property standards. Project classification as rehabilitation or new construction is
determined by the PJs local code requirements based on specific work to be completed. PJs
may also choose to adopt a standard that exceeds the minimum standards described here.
The written agreement must impose the HOME-ARP NCS property standards or the PJ's
locally developed standards and require that the PJ or its representatives have access to the
property to perform inspections during development and throughout the restricted use
period.
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a. Minimum HOME ARP NCS Property Standards: All HOME-ARP NCS units and
common areas must meet all applicable State and local codes, ordinances, and
requirements and the applicable provisions of HUD's Lead Safe Housing Rules at 24
CFR Part 35. In addition, all HOME-ARP NCS projects must meet the following
minimum safety, sanitation, accessibility, and privacy standards:
i. Must be structurally sound to protect occupants from the elements and not pose
any threat to health and safety of the occupants. -
ii. Must be accessible in accordance with section 504 of the Rehabilitation Act(29
U.S.C. 794) and implementing regulations at 24 CFR part 8;the Fair Housing
Act(42 U.S.C. 3601 et seq.) and implementing regulations at 24 CFR part 100;
and Title II of the Americans with Disabilities Act(42 U.S.C. 12131 et seq.)and
implementing regulations at 24 CFR part 35, all as applicable.
iii. Must provide each individual or family with an acceptable, individual room to
sleep which includes adequate space and security for themselves and their
belongings.
iv. Must have a natural or mechanical means of ventilation. The interior air must be
free of pollutants at a level that might threaten or harm the health of occupants.
v. Must have a water supply free of contamination.
vi. Must have in-unit sanitary facilities that are in proper operating condition and are
adequate for personal cleanliness and the disposal of human waste.
vii. Must provide necessary heating/cooling facilities in proper operating condition.
viii. Must have adequate natural or artificial illumination to permit normal indoor
activities and support health and safety. There must be sufficient electrical
sources to permit the safe use of electrical appliances.
ix. Food preparation areas, if any, must contain suitable space and equipment to
store, prepare, and serve food in a safe and sanitary manner.
x. Must provide one working smoke detector and one working carbon monoxide
detector in each unit. All smoke and carbon monoxide detectors and alarm
systems must be designed for hearing-impaired residents. All public areas of the
shelter must have at least one working smoke detector and one carbon monoxide
detector. There must also be a second means of exiting the building in the event
of fire or other emergency.
Minimum-HOME-ARP NCS RehabilitationStandards-:HOME-ARP-NCS-rehabilitation
projects must meet all applicable State and local codes, ordinances, and requirements ,
or in the absence of such codes, International Residential Code or the International
Building Code (as applicable), and must comply with the Lead Safe Housing Rule at 24
CFR Part 35. Additionally,PJs must consider the remaining useful life of major
systems. PJs are encouraged to use a Capital Needs Assessment to determine the
reasonable and necessary investment of HOME-ARP funding in rehabilitation projects
and expected cost of ongoing replacement needs during the restricted use period. If
HOME-ARP funding will capitalize a replacement reserve, the PJ must determine the
remaining useful life of major systems through a Capital Needs Assessment or other PJ
inspection documented in writing, in accordance with requirements for capitalized
replacement reserve costs in VI.E.3.
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Minimum HOME-ARP NCS New Construction Standards: HOME-ARP NCS projects
that are newly constructed must meet all applicable State and local codes, ordinances,
and requirements, or in the absence of such codes, the International Residential Code or
the International Building Code(as applicable to the type of structure). HOME-ARP
funds cannot be used to fund a replacement reserve for newly constructed HOME-ARP
NCS.
b. On-going Property Standards and Inspections: PJs must develop ongoing inspection
procedures to verify that HOME-ARP NCS projects meet the minimum HOME-ARP
NCS property standards established in this Notice throughout the restricted use period.
A PJ's inspection procedures must require annual inspections that are applied
consistently to all HOME-ARP NCS projects. When deficiencies are identified,a
follow-up inspection to verify that deficiencies are corrected must occur within 6
months. The PJ may establish a list of non-hazardous deficiencies for which correction
can be verified by third party documentation(e.g., paid invoice or work order)rather
than reinspection. If life-threatening deficiencies exist, the owner or operator of the
HOME-ARP NCS must correct such deficiencies immediately. In such instances,the PJ
must re-inspect to verify the deficiency has been corrected within 14 days.
8. Project Completion: Project Completion for HOME-ARP NCS means:
• All necessary title transfer requirements and construction work has been performed;
• The project complies with the requirements of this Notice, including the HOME-
ARP NCS property standards as evidenced by a final inspection;
• The project is actively operating as a HOME-ARP NCS;
• Final drawdown of HOME-ARP funds has been disbursed; and
• Project completion information is entered into IDIS.
All HOME-ARP NCS projects must be completed within 4 years of the date of commitment
of the HOME-ARP funds based on the date of the last signature on the written agreement.
If the PJ fails to complete a project within 4 years of project completion, it must comply
with the terminated project requirements at 24 CFR 92.205(e)(2). HOME-ARP NCS
rehabilitation and new construction projects must begin operating as active shelters within 6
months after the date of completion of the construction work. If the HOME-ARP NCS
project is not in use within 6 months, HUD may require the PJ to submit a schedule for
placing the project into operation as an active shelter within a period determined by HUD or
may require the PJ to repay the HOME-ARP funds to its HOME-ARP Treasury Account.
9. Restricted Use Period: HOME-ARP NCS projects must comply with the requirements of
this Notice for not less than the restricted use period specified in this Notice. PJs must
impose the HOME-ARP NCS requirements through a deed restriction, covenant running
with the land, legally binding agreement restricting the use of the property and recorded on
the property in accordance with State recordation laws, or other mechanism approved by
HUD. The use restriction should not identify that the property is prioritized for victims of
domestic violence, dating violence, sexual assault, stalking or human trafficking. This use
restriction must require that the property is operated as HOME-ARP NCS or non-congregate
emergency shelter under ESG for the required restricted use period except that HOME-ARP
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NCS projects may be converted to permanent affordable housing or CoC permanent housing
after being operated as HOME-ARP NCS for the applicable minimum use period prior to
conversion as described in Section VI.E.11. If the HOME-ARP NCS is converted,the PJ
must amend its use restriction to reflect the change in requirements for the remainder of the
restricted use period.
The restricted use period begins at project completion as defined in Section VI.E.8 of this
Notice and must be imposed for at least the following periods:
a. New Construction: Newly constructed HOME-ARP NCS units must be operated as
HOME-ARP NCS units for qualifying populations for a restricted use period of 15
years,regardless of the amount of HOME-ARP funds invested in the project.
b. Rehabilitation: HOME-ARP NCS units which receive any amount of HOME-ARP
funds for rehabilitation but are not designated as new construction by the PJ's state or
local building code requirements must be operated as HOME-ARP NCS units for
qualifying populations for a restricted use period of 10 years.
c. Acquisition Only: Units acquired for use as HOME-ARP NCS that do not require
rehabilitation for occupancy must serve the qualifying populations for a restricted use
period of 10 years.
d. PJs may impose longer restricted use periods but must require the project remain
financially viable for the extended period.
10.Return of Replacement Reserve: HOME-ARP funds may capitalize a replacement reserve
for HOME-ARP NCS projects performing rehabilitation as described in Section VI.E.3 of
this Notice. Any unexpended HOME-ARP funds remaining in a project's replacement
reserve at the completion of the restricted use period or upon conversion must be used or
returned as follows:
a. If the HOME-ARP NCS project will continue to operate in accordance with the HOME-
ARP NCS requirements and serve qualifying households beyond the HOME-ARP NCS
restricted use period-demonstrated by enforceable restrictions imposed by the RI in
accordance with Section VI.E.9,the project can retain the replacement reserve to pay
reasonable and necessary costs of replacing major systems and their components.
b. If the HOME-ARP NCS project will not continue to operate in accordance with the
HOME-ARP NCS requirements because the NCS is being converted to either CoC
permanent housing or permanent affordable housing as described in Section VI.E.11 of
this Notice and the HOME-ARP grant is still open,the remaining HOME-ARP funds in
the replacement reserve must be returned to the PJ's HOME Investment Trust Fund
Treasury account.
c. If the HOME-ARP NCS grant has expired or is closed out, any remaining HOME-ARP
funds in the replacement reserve must be deposited in the PJ's local HOME account,
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recorded as a program income receipt in IDIS and used for eligible costs under 24 CFR
part 92.
11. Conversion of Non-Congregate Shelter to Rental Housing: The ARP authorizes the
conversion of HOME-ARP NCS units into permanent housing under subtitle C of title IV of
McKinney-Vento or permanent affordable housing as described in this section, during the
restricted use period. No HOME-ARP funds may be used for conversion. The written
agreement between the PJ and the owner of the HOME-ARP NCS project must describe
conversion as a possible outcome of the HOME-ARP NCS project; specify the conditions
under which conversion will be permitted; and require that the PJ approve any conversion in
advance.
a. Minimum Use Period: All HOME-ARP NCS projects must be operated as NCS for a
minimum period of time prior to conversion. The minimum use period prior to
conversion varies based on the original HOME-ARP NCS eligible activity undertaken
and the amount of funds invested in the project. If the HOME-ARP NCS project
involves rehabilitation, the minimum use period prior to conversion is based on the total
cost of the rehabilitation as a percentage of the total appraised value of the improved
property. A larger investment for rehabilitation will require operation as HOME-ARP
NCS for a longer minimum use period prior to conversion.
i. Acquisition Only: HOME-ARP NCS activities not requiring rehabilitation for
occupancy must be operated as HOME-ARP NCS for no less than 3 years from
project completion prior to conversion.
ii. Moderate Rehabilitation: Occurs when an NCS HOME-ARP project requires
rehabilitation and the total rehabilitation expenditure from all sources of less than 75
percent of the total appraised value of the improved property. HOME-ARP NCS
projects that receive moderate rehabilitation must be operated as HOME-ARP NCS
for no less than 5 years from project completion prior to conversion.
iii. Substantial Rehabilitation: Occurs when an NCS HOME-ARP project requires
rehabilitation and the total rehabilitation expenditure from all sources exceeds 75
percent of the total appraised value of the improved property. HOME-ARP NCS
projects that receive substantial rehabilitation must be operated as HOME-ARP NCS
for no less than 10 years from project completion before conversion.
iv. New Construction: Any HOME-ARP NCS project defined by the PJ's state or local
code requirements as new construction must be operated as HOME-ARP NCS for no
less than 10 years from project completion prior to conversion.
Requirements for conversions vary depending on the type of conversion, as follows:
b. Permanent Affordable Housing: During the HOME-ARP NCS restricted use period but
only after the HOME-ARP NCS minimum use period, a PJ may provide written
approval to convert the project from HOME-ARP NCS to permanent affordable housing
(e.g., affordable multifamily rental housing, transitional housing) in accordance with the
requirements prescribed in the PJ's written agreement with the HOME-ARP NCS
owner.
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The converted permanent affordable housing project must meet the following
requirements:
i. Additional HOME-ARP Investment: The PJ is prohibited from investing additional
HOME-ARP funds to pay for the cost of converting the project from HOME-ARP
NCS to permanent affordable housing or to pay for operating the project as
permanent affordable housing. However, the PJ must determine that adequate
financial resources are committed to the project to bring it into compliance with the
property standards of Section VI.B.11 of this Notice and maintain the financial
feasibility of the project to be operated as permanent affordable housing for the
qualifying populations throughout the remaining restricted use period. If permitting
conversion of HOME-ARP NCS into permanent affordable housing, a PJ must
develop and evaluate the project in accordance with standardized underwriting
guidelines for conversion. At minimum, the PJ's underwriting guidelines for
conversion must include an examination of the sources and uses of funds for the
conversion and a careful review of the project's operating budget,including the
assumptions,projections, and reasonably expected increases in expenses throughout
the minimum compliance period defined in the section below, to determine that the
project will remain financially feasible to serve the qualifying populations for the
remainder of the restricted use period.
The PJ may assist households living in affordable rental housing units in converted
projects by providing HOME-ARP TBRA in accordance with Section VI.0 of this
Notice or fmancial assistance services in accordance with Section VI.D.4.c.i.R.
ii. Minimum Compliance Period: The minimum compliance period for converted
housing is the period that the housing must continue to comply with the
requirements of this Notice and is equal to the balance of the HOME-ARP NCS
restricted use period. A PJ may impose a longer compliance period but should plan
for the project's fmancial feasibility for the longer period. The PJ may not use
HOME-ARP funds to provide operating assistance, including a capitalized operating
reserve, to cover deficits during the minimum or an extended compliance period.
The PJ must amend the use restriction for HOME-ARP NCS to reflect the
conversion to permanent affordable housing. The provisions for imposing
affordability requirements at 24 CFR 92.252(e)(1)through (e)(4) apply to the
amended use restriction. In addition, the amended use restriction for the permanent
affordable housing must be enforceable to maintain compliance with the
requirements of this Notice for the minimum compliance period, including the
following:
(1) The same number of units that were operated as HOME-ARP NCS for
qualifying populations must be restricted for and must be occupied by
households that meet the definition of a qualifying population at the time
of initial occupancy of the permanent affordable housing. The
household's contribution toward rent during this period must be
affordable in accordance with Section VI.E.11 of this Notice.
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(2) The units must comply with the ongoing property condition standards of
24 CFR 92.251(f) throughout the minimum compliance period as
demonstrated by an on-site inspection within 12 months of project
completion and an on-site inspection at least once every three years
thereafter as required by 24 CFR 92.504(d)(ii).
(3) Each household that occupies.a HOME-ARP assisted rental unit must
have an executed lease that complies with the tenant protections required
in Section VI.B.18 of this Notice.
iii. Property Standards: For the remaining restricted use period,the PJ must require that
project owners maintain the housing as decent, safe and sanitary housing in good
repair in accordance with the ongoing property condition standards of 24 CFR
92.251(f)as demonstrated by an on-site inspection at least once every three years in
accordance with 24 CFR 92.504(d)(ii).
iv. Tenant Contribution to Rent: The PJ must confirm that the qualifying household's
contribution to rent is affordable to the household based on a dete rmination of the
household's income. If the household is receiving project-based or tenant-based
rental assistance, it cannot contribute towards rent more than is permitted in
accordance with the requirements of the applicable program. If a qualifying
household cannot contribute to rent, or the contribution is insufficient to cover the
unit rent, the PJ may provide HOME-ARP TBRA or supportive services to assist the
qualifying household but may not provide operating cost assistance or fund an
operating cost assistance reserve.
v. Tenant Protections: Following conversion, each qualifying household that occupies
a permanent affordable housing unit must have an executed lease or sublease that
complies with the tenant protections requirements of this Notice.
(1) Lease Requirement: There must be a lease between the qualifying household
and the owner of the permanent affordable housing project or, if there is a
sublease with a qualifying household, a lease between a HOME-ARP
sponsor and the owner in accordance with 24 CFR 92.253(a).
(2) Prohibited Lease Terms: The lease between the qualifying household and
the owner, lease between HOME-ARP sponsor and the owner, and sublease
between a HOME-ARP sponsor and qualifying household may not contain
any of the prohibited lease terms specified in 24 CFR 92.253(b).
(3) Termination of tenancy: An owner may not terminate the tenancy or refuse
to renew the lease of a qualifying household(or of a HOME-ARP sponsor
with a sublease with a qualifying household) in a permanent affordable
housing unit except for serious or repeated violation of the terms and
conditions of the lease; for violation of applicable Federal, State, or local
laws, or for other good cause. An increase in the qualifying household's
income does not constitute good cause.
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To terminate or refuse to renew tenancy, the owner must serve written notice
upon the qualifying household and the HOME-ARP sponsor if the lease is
between an owner and HOME-ARP sponsor, specifying the grounds for the
action at least 30 days before termination of tenancy. In the case of a
sublease, to terminate or refuse to renew tenancy of a qualifying household,
the HOME-ARP sponsor, in accordance with the policy established by the
PJ, must notify the PJ in advance of serving written notice to the qualifying
household and must serve written notice upon the qualifying household at
least 30 days before termination of tenancy, specifying the grounds for the
action.
vi. Coordinated Entry and Project-Specific Waitlists: On a project-by-project basis,the
PJ must use the method of tenant selection in Section VI.B.19 of this Notice to select
qualifying households for occupancy of permanent affordable housing.
vii. Penalties for Noncompliance: The PJ must repay HOME-ARP funds invested in
HOME-ARP NCS that was converted to permanent affordable housing if the
permanent affordable housing does not comply with initial or ongoing requirements
of this Notice during the compliance period.
c. CoC Permanent Housing: During the HOME-ARP NCS restricted use period but only
after the HOME-ARP NCS minimum use period, a PJ may permit the conversion of a
HOME-ARP NCS project to permanent housing or permanent supportive housing under
24 CFR 578.43 (acquisition) and/or 24 CFR 578.45 (rehabilitation) of the CoC program
regulations. Conversions may only occur in accordance with the requirements
prescribed in the PJ's written agreement with the HOME-ARP NCS owner. If
conversion is approved by the PJ, the HOME-ARP NCS use restrictions must remain in
place until the project is approved for CoC funding and the required CoC restrictions are
imposed on the property.
Conversion to CoC permanent housing or permanent supportive housing may serve the
following eligible households as defined in 24 CFR 578.3, subject to any further
eligibility conditions that may apply to the use of CoC Program funds to provide rental
assistance-in the housing or-otherwise support the project.;- ---_-- - - -
• Chronically homeless individuals
• Homeless individuals or families
PJs are prohibited from investing additional HOME-ARP funds to pay for the cost of
converting the project to CoC permanent housing or permanent supportive housing. The
CoC designates eligible applicants for grant funds under 24 CFR Part 578, which
includes nonprofit organizations, States, local governments, and instrumentalities of
State or local governments. For-profit entities are not eligible to apply for CoC grants or
to be subrecipients of grant funds. Consequently, if a HOME-ARP NCS project owner
intends to convert the project to CoC permanent housing or permanent supportive
housing during the restricted use period, the PJ is encouraged to pursue partnership and
leveraging opportunities with the CoC early in the planning stage of a HOME-ARP NCS
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project. Additionally,PJs may provide supportive services or HOME-ARP TBRA
to qualifying households that must move because of the conversion. (See Section
VII.F.4.b for more information on relocations involving shelter occupants).
F. Nonprofit Operating and Capacity Building Assistance
A PJ may use up to 5 percent of its HOME-ARP allocation to pay operating expenses of
CHDOs and other nonprofit organizations that will carry out activities with HOME-ARP funds.
A PJ may also use up to an additional 5 percent of its allocation to pay eligible costs related to
developing the capacity of eligible nonprofit organizations to successfully carry out HOME-
ARP eligible activities.
PJs may award operating expense assistance or capacity building assistance to a nonprofit
organization if it reasonably expects to provide HOME-ARP funds to the organization for any
of the eligible HOME-ARP activities within 24 months of the award.
1. Eligible Costs
a. Operating Expense Assistance: Operating expenses are defined as reasonable and
necessary costs of operating the nonprofit organization. These costs
include employee salaries, wages and other employee compensation and
benefits; employee education,training, and travel; rent; utilities; communication costs;
taxes; insurance; equipment, materials, and supplies.
HOME-ARP funds used for operating expenses must be used for the"general
operating costs"of the nonprofit organization. These operating costs must not have a
particular final cost objective, such as a project or activity, or must not be directly
assignable to a HOME-ARP activity or project. For example,HOME-ARP funds for
operating expenses may not be used for staffing costs to provide supportive services or
develop HOME-ARP-rental housing (as operating costs to develop HOME-ARP rental
housing are paid for by a developer fee which is a project delivery or soft cost). Because
ARP does not permit any HOME-ARP funds to be used to operate a shelter, all costs
related to operating a non-congregate shelter(e.g., allocable overhead and staffing costs,
insurance, utilities) also cannot be paid with HOME-ARP funds.
The actual costs of implementing a specific activity or project, including staff costs to
deliver supportive services or administer HOME-ARP TBRA, are considered HOME-
ARP project delivery costs or project soft costs and are not eligible costs under
Nonprofit Operating and Capacity Building Assistance. HOME-ARP project delivery
costs are those allowable costs incurred for implementing and carrying out eligible
HOME-ARP projects or activities, such as supportive services. All project delivery costs
are allocable to a HOME-ARP project, including direct project and related delivery costs
integral to developing the project or providing the activity. HOME-ARP project delivery
costs may be paid, if eligible, by HOME-ARP funds provided under a written agreement
for the activity or project and must not be paid with nonprofit operating expense or
capacity building assistance.
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r
b. Capacity Building Assistance: Capacity building expenses are defined as reasonable and
necessary general operating costs that will result in expansion or improvement of an
organization's ability to successfully carry out eligible HOME-ARP activities. Eligible
costs include salaries for new hires including wages and other employee compensation
and benefits; costs related to employee training or other staff development that enhances
an employee's skill set and expertise; equipment(e.g., computer software or programs
that improve organizational processes),upgrades to materials and equipment, and
supplies; and contracts for technical assistance or for consultants with expertise related
to the HOME-ARP qualifying populations.
2. Limitations on Assistance: NAHA and the HOME regulations limit the amount of
operating expense assistance that an organization can receive annually. ARP extends this
limitation to the capacity building assistance paid with HOME-ARP funds.
In any fiscal year, operating assistance provided to a nonprofit organization may not exceed
the greater of 50 percent of the general operating expenses of the organization, as described
above, for that fiscal year or$50,000.
In any fiscal year, capacity building assistance provided to a nonprofit organization may not
exceed the greater of 50 percent of the general operating expenses of the organization, as
described above, or$50,000.
If an organization receives both operating assistance and capacity building assistance in any
fiscal year, the aggregate total amount of assistance it may receive is the greater of 50
percent of the organization's total operating expenses for that fiscal year or$75,000.
To implement the above limitations on assistance, HUD has established separate fund types
in IDIS for operating expense assistance and capacity building assistance. This will
facilitate accurate tracking and ensure that PJs do not exceed the limits established in
NAHA and ARP.
3. Commitment of Operating Expense and Capacity Building Assistance: A PJ commits
operating expense assistance or capacity building assistance when it enters into a legally
binding agreement-with the nonprofit organization-to-provide the-assistance.
VII. OTHER FEDERAL REQUIREMENTS
HOME-ARP funds are federal financial assistance and, therefore, are subject to requirements
applicable to such funds. PJs must comply with the following requirements: 24 CFR part 92,
subpart H, 92.352—Environmental review; 92.353 —Displacement,relocation, and acquisition;
and 92.355—Lead-based paint.
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A. Other Federal Requirements and.Nondiscrimination
The requirements in 24 CFR 92.350 apply to the HOME-ARP program. PJs must comply with
the Federal requirements set forth in 24 CFR part 5, subpart A, including: nondiscrimination
and equal opportunity; disclosure requirements; debarred, suspended or ineligible contractors;
drug-free work; and housing counseling and the nondiscrimination requirements at section 282
of NAHA. The requirements in section 282 of NAHA are waived in connection with the use of
HOME-ARP funds on lands set aside under the Hawaiian Homes Commission Act, 1920(42
Stat. 108). PJs must also comply with the Violence Against Women Act(VAWA) requirements
set forth in 24 CFR 92.359.
B. Affirmative Marketing and Minority Outreach
The requirements in 24 CFR 92.351 apply to HOME-ARP activities.
C. National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and
Related Laws
The environmental requirements in 24 CFR 92.352 apply to eligible activities under this Notice.
The environmental effects of each activity carried out with HOME-ARP funds must be assessed
in accordance with the provisions of NEPA and the related authorities listed in HUD's
implementing regulations at 24 CFR part 58. The applicability of the provisions of 24 CFR part
58 is based on the HOME-ARP project as a whole(i.e., all individual project activities, such as
acquisition and rehabilitation, aggregated according to the requirements at 24 CFR 58.32), not
on the type of the cost paid with HOME-ARP funds. In accordance with the provisions in 24
CFR part 58, activities undertaken with HOME-ARP funds are subject to environmental review
by a PJ or State recipient. The PJ or State recipient(referred to as the"Responsible Entity"or
"RE")must assume responsibility for environmental review, decision making, and action for
each activity that it carries out with HOME-ARP funds, in accordance with the requirements at
24 CFR Part 58. A state PJ must assume responsibility for approval of Requests for Release of
Funds and Certification (RROF/C) submitted by State recipients.
•
No funds may be committed to a HOME-ARP activity or project before the completion of the
environmental review and approval of the RROF/C, as applicable. Neither a HOME-ARP
recipient nor any participant in the development process, including public or private nonprofit
or for-profit entities, or any of their contractors,may commit HUD assistance on an activity or
project until the environmental review has been completed and HUD or the state has approved
the recipient's RROF/C from the RE as applicable. In addition, until the RROF/C have been
approved, neither a HOME-ARP recipient nor any participant in the development process may
commit non-HUD funds on or undertake a HOME-ARP activity or project if the activity or
project would have an adverse environmental impact or limit the choice of reasonable
alternatives. Therefore, it is important for REs to begin and complete any required
environmental reviews as soon as possible.
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1.HOME-ARP TBRA and Supportive Services
HOME-ARP TBRA and supportive services as defined at 24 CFR 58.35(b) are categorically
excluded,not subject to the Federal laws and authorities at 24 CFR 58.5 (CENST)or exempt
from review under NEPA. A RE may complete a single CENST review categorized under 24
CFR 58.35(b) for their supportive services program or their HOME-ARP TBRA program where
participants choose their own unit and are not restricted to units within a pre-determined
specific project site or sites. There is no need to complete reviews for every unit selected by
participants.
2.HOME-ARP Rental Housing
Acquisition of a structure to be used as HOME-ARP rental housing is categorically excluded,
subject to the Federal laws and authorities referenced at 24 CFR 58.5 (CEST)under 24 CFR
58.35(a)(5) (with the possibility of converting to exempt under 24 CFR 58.34(a)(12)) if the
structure acquired will be retained for the same use (e.g.,residential). Rehabilitation of
buildings for residential use with one to four units for HOME-ARP rental housing is CEST
under 24 CFR 58.35(a)(3)(i), if the density is not increased beyond four units, and the land use
is not changed. Rehabilitation of buildings for use as HOME-ARP multifamily rental housing
is CEST under 24 CFR 58.35(a)(3)(ii) only if:
1. the unit density is not changed more than 20 percent;
2. the project does not involve changes in land use from residential to non-residential; and
3. the estimated cost of rehabilitation is less than 75 percent of the total estimated cost of
replacement after rehabilitation.
Rehabilitation for HOME-ARP rental housing that does not meet the thresholds for multifamily
residential buildings listed above requires completion of an Environmental Assessment in
accordance with 24 CFR Part 58, Subpart E. An Environmental Assessment is also required for
new construction, demolition, acquisition of vacant land for new construction, and acquisition of
non-residential structures for demolition and new construction.
3. HOME-ARP NCS
HOME-ARP NCS activities are subject to environmental review by the RE under 24 CFR part
58.Acquisition of a structure to be used as HOME-ARP NCS is CEST under 24 CFR
58.35(a)(3) (with-the possibility-of-converting-to exemptunder-24-GFR 5&34(a)(1-2))if-the --
structure acquired will be retained for the same use(e.g.,residential). Rehabilitation of a
structure for HOME-ARP NCS is CEST if the project meets the thresholds listed at 24 CFR
58.35(a)(3)(i)or(ii). Rehabilitation that does not meet these thresholds requires completion of
an Environmental Assessment pursuant to 24 CFR part 58, subpart E.An Environmental
Assessment is also required for new construction,demolition, acquisition of vacant land for new
construction,and acquisition of non-residential structures for demolition and new construction.
HOME-ARP NCS projects which may convert to emergency shelter or permanent housing
pursuant to Sec. 3204(a)(4)(B) or(C) of the ARP may complete a single environmental review
that covers all proposed HUD funding sources and project activities. Conversion to a program
using project-based rental assistance is CEST and requires completion of an environmental
review. If conversion or other additional HUD funding sources are proposed after the
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environmental review has been completed, a CENST review for supplemental assistance under
24 CFR 58.35(b)(7) can be performed if the review is completed by the same RE that conducted
the original review and if re-evaluation is not required by 24 CFR 58.47.
The PJ or subrecipient, or any contractor of the PJ or subrecipient, may not acquire, rehabilitate,
convert, repair, dispose of, demolish, or construct property for a HOME-ARP NCS project, or
commit or expend HUD or non-HUD funds for NCS under HOME-ARP, until the RE has
completed an environmental review under 24 CFR part 58 and received HUD or state approval
of the RROF/C, as applicable.
D. Labor Standards
The requirements in 24 CFR 92.354 apply to HOME-ARP activities.
E. Lead Hazard Control Requirements
The Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing
regulations at 24 CFR Part 35, subparts A, B, J, K,M, and R apply to HOME-ARP-assisted
activities.
For HOME-ARP NCS, a project must comply with 24 CFR part 35, Subpart K when the
HOME-ARP activity is acquisition only. HOME-ARP NCS projects that involve rehabilitation
of pre-1978 facilities, whether the rehabilitation is funded with HOME-ARP or other funds,
must comply with the requirements of 24 CFR part 35 Subpart J.
F. Uniform Relocation Assistance and Real Property Acquisition Policies
Act, Section 104(d), and HOME-ARP Displacement, Relocation and
Acquisition Program Requirements
HOME-ARP funding is subject to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and section 104(d) of the Housing and Community
Development Act of 1974, in addition to the Displacement, Relocation and Acquisition
regulatory requirements of 24 CFR 92.353. This Notice also includes HOME-ARP program
specific relocation requirements applicable to HOME-ARP-assisted projects. PJs must comply
with all applicable requirements, as described in this section.
1. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970:
Costs incurred to comply with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, (42 U.S.C. § 4601 et seq.) (URA)are eligible
HOME-ARP project costs pursuant to this Notice and 24 CFR 92 206(fl. The URA
establishes minimum requirements for the acquisition of real property and the displacement
of persons from their homes, businesses, or farms as a direct result of acquisition,
rehabilitation, or demolition for federally-assisted programs and projects. The URA
implementing regulations at 49 CFR part 24 establish:
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• Requirements for the provision of replacement housing assistance, advisory services,
and moving costs to persons displaced as a result of a program or project that receives
federal financial assistance;
• Requirements for acquisitions, including the payment of just compensation pursuant to
49 CFR part 24, subpart B, and provisions for voluntary acquisitions set forth in 49 CFR
24.101.
• Minimum requirements for temporary relocation of persons,businesses, or farms as a
result of a project or program that receives federal financial assistance. These
requirements are found in Appendix A, Section 24.2(a)(9)(ii)(D).
Additional HUD URA policy and guidance is available in HUD Handbook 1378.
2. Section 104(d)of the Housing and Community Development Act of 1974: HOME-ARP
is HOME funding and subject to the requirements in section 104(d) of the Housing and
Community Development Act of 1974, as amended, (42 USC § 5304(d)), ("section 104(d)")
unless waived, as described in this section and Appendix. Costs incurred to comply with
section 104(d)requirements are eligible HOME-ARP project costs under 24 CFR 92.206(f).
section 104(d) applies to the demolition or conversion, as defined in 24 CFR 42.305, of a
lower-income dwelling unit in connection with a HOME or Community Development Block
Grant Program(CDBG) assisted activity. section 104(d) includes the following
requirements:
• A PJ must have a residential anti-displacement and relocation assistance
plan(RARAP);
• A PJ must provide relocation assistance to displaced lower-income persons; and
• A PJ must perform one-for-one replacement of lower-income dwellings demolished or
converted to a use other than a lower-income dwelling unit. A lower-income dwelling
unit is defined in 24 CFR 42.305 as a dwelling unit with a market rent(including utility
costs) that does not exceed the applicable Fair Market Rent(FMR) for existing housing,
as defined by HUD.
Section 104(d) implementing federal regulations can be found at 24 CFR part 42 Subpart C.
HOME-ARP Section 104(d) Waiver/One-for-One Replacement Housing.
For purposes of,the one-for-one replacement housing requirements of secti-on
104(d)(2)(A)(i) and(ii) and(d)(3)(42 U.S.C. 5304(d)(2)(A)(i) and(ii) and 42 U.S.C.
5304(d)(3)) and 24 CFR 42.375,lower-income dwelling units shall not include single-room
occupancy (SRO)units or residential hotel or motel units in jurisdictions where those units
are considered dwelling units under state or local law. All other section 104(d)
requirements, including but not limited to the requirement that the PJ have and follow a
RARAP, remain in effect. (See 24 CFR 92.353(e) and 24 CFR part 42, subpart C).
3. HOME Program Displacement,Relocation and Acquisition Regulations: In addition to
the URA and section 104(d) requirement described above,the HOME program's
Displacement, Relocation and Acquisition regulations at 24 CFR 92.353 also apply
to projects funded with HOME-ARP funds. Some of these requirements differ from those
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of the URA and section 104(d), including but not limited to the expanded temporary
relocation protections at 24 CFR 92.353(b) and (c); optional relocation assistance policies in
24 CFR 92.353(d); and the right to return to a building or complex, if feasible, upon
completion of a HOME project, in accordance with 24 CFR 92.353(a). PJs must
follow these program-specific requirements in HOME-ARP assisted projects.
PJs are encouraged to develop optional relocation policies to address individuals that may
not be eligible for URA or section 104(d)assistance due to their length of occupancy in a
unit, ineligibility of their dwelling unit, or other factors beyond their control. Such policies
must be in writing, applied consistently, and must not violate any other federal law or
regulation. Costs incurred to comply with 24 CFR 92.353, including optional relocation
policies, are eligible HOME-ARP project costs under 24 CFR 92.206(f).
4. Additional HOME-ARP Program Relocation Related Requirements: The
following additional HOME-ARP program relocation requirements apply:
a. Acquisition and/or rehabilitation of hotels, motels and other non-residential
property: In states where hotels and motels are not considered dwelling units or
residential property, the acquisition of non-residential property such as hotels and motels
for the production of HOME-ARP NCS units or HOME-ARP rental housing will not
make a person occupying those properties eligible for relocation assistance under the
URA, section 104(d) or 24 CFR 92.353. HOME PJs may provide HOME-ARP
assistance, as defined by this Notice, including the provision of HOME-ARP supportive
services, HOME-ARP TBRA,the ability to stay in HOME-ARP NCS units, or the
ability to rent a HOME-ARP rental unit, if the individuals or families can
demonstrate that—
i. they have been in continuous residence at the property for 30 or more calendar
days, and
ii. they are a qualifying household, as defined by this Notice.
Any assistance provided pursuant to this section may be provided without regard to any
preferences, project-specific waiting lists, or any other form of prioritization the PJ has
developed pursuant to this Notice. For purposes of HOME-ARP, costs associated with
activities under this provision of the Notice may be charged as either project delivery
costs or relocation costs eligible under 24 CFR 92.206(f).
b. Conversion of HOME ARP NCS: If HOME-ARP NCS units are occupied and converted
to either permanent housing under CoC or permanent affordable housing as described in
Section VI.E.11 of this Notice, persons occupying the shelter would not normally be
eligible for relocation assistance under the URA, section 104(d) or 24 CFR
92.353 because they are not displaced from a dwelling unit. However, since the
individuals or families occupying such shelter units are already qualifying households
under HOME-ARP, HOME PJs may immediately provide such occupants with HOME-
ARP assistance, as defined by this Notice, including the provision of HOME-ARP
supportive services, HOME-ARP TBRA, the ability to stay in other HOME-ARP
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NCS units, or the ability to rent a HOME-ARP rental unit. Additionally,the PJ may
provide the occupants with assistance for moving costs or advisory services, as
appropriate, as HOME-ARP administrative costs or under the HOME-ARP supportive
services activity in Section VI.D of this Notice. Any assistance provided pursuant to this
section may be provided without regard to any preferences, project-specific waiting lists,
or any other form of prioritization the PJ has developed pursuant to this Notice, as
the persons occupying the NCS units were already determined to be qualifying
households under the HOME-ARP.
5. Persons Ineligible for HOME-ARP Assistance and Ineligible for URA, Section
104(d), or assistance pursuant to 24 CFR 92.353: If a person is required to move as a
direct result of a HOME-ARP project and is determined ineligible for HOME-ARP housing
assistance under the preceding Section VII.F.4 and also determined ineligible as a displaced
person under the URA, section 104(d)or HOME program rules,the PJ may provide such
persons advisory services as an eligible HOME-ARP administrative cost, as
the PJ determines to be reasonable and necessary.
G. Section 3 Economic Opportunities for Low- and Very Low-Income
Persons
Section 3 requirements established at 24 CFR Part 75 apply to HOME-ARP-assisted projects.
H. Conflicts of Interest
HOME-ARP is subject to the following conflicts of interest requirements:
1. Conflicts of Interest: PJs, State recipients, and subrecipients engaging in any of the
activities defined this Notice shall be subject to the conflicts of interest provisions at 24
CFR 92.356, including but not limited to the conflicts of interest exception process defined
in 24 CFR 92.356(d)-(e). Owners and developers of HOME-ARP NCS and HOME-ARP
rental housing shall be subject to 24 CFR 92.356(f).
2. Organizational Conflicts of Interest: The provision of any type or amount of HOME-
ARP TBRA or supportive services may not be conditioned on an individual's or family's
acceptance or occupancy of a shelter or housing unit owned by the PJ; State recipients; the
subrecipient; or a parent, affiliate, or subsidiary of the subrecipient. No subrecipient may,
with respect to individuals or families occupying housing owned by the subrecipient, or any
parent, affiliate, or subsidiary of the subrecipient, administer financial assistance that
includes rental payments,utility deposits, security deposits, or first and last month's rent
provided pursuant to this Notice. All contractors of the PJ, State recipients, or subrecipient
must comply with the same requirements that apply to subrecipients under this section.
3. Written Standards of Conduct: PJs, State recipients, and subrecipients must maintain
written standards of conduct covering the conflicts of interest and organizational conflicts of
interest requirements under this Notice and 2 CFR 200.318. The written standards of
conduct must also provide for internal controls and procedures to require a fair and open
selection process for awarding HOME-ARP funds pursuant to this Notice. These standards
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must include provisions on if and how Continuum of Care board members may participate
in and/or influence discussions or resulting decisions concerning the competition or
selection of an award or other financial benefits made pursuant to the HOME-ARP Notice,
including internal controls on when funds may be awarded to the organization that the
member represents.
4. Requesting Exceptions to Organizational Conflicts of Interest: Any request for an
exception to the organizational conflicts of interest provisions in this Notice shall be in
writing and shall be considered by HUD only after the PJ or State recipient has provided the
following:
a. A written disclosure of the nature of the conflict, accompanied by an assurance that there
has been public disclosure of the conflict and a description of how the public disclosure
was made; and
b. An opinion of the PJ's or State recipient's attorney that the interest for which the
exception is sought would not violate State or local law.
5. Granting Exceptions to Organizational Conflicts of.Interest: HUD shall determine
whether to grant an exception to the organizational conflicts of interest on a case-by-case
basis when it determines that the exception will serve to further the purposes of HOME-
ARP. HUD shall consider the following factors, as applicable, in determining whether to
grant such an exception:
c. Whether the exception would provide a significant cost benefit or an essential degree of
expertise to the program or project which would otherwise not be available
d. Whether undue hardship will result to the PJ, State recipient, subrecipient or the person
affected when weighed against the public interest served by avoiding the prohibited
conflict;
e. Whether conditioning approval on changes to the PJ, State recipient, or subrecipient's
policies or procedures can adequately address the organizational conflict of interest; and
f. Any other factors relevant to HUD's determination, including the timing of the
requested exception.
VIII. PROGRAM ADMINISTRATION
A. PJ Responsibilities
The PJ is responsible for managing the day-to-day operations of its HOME-ARP program,
ensuring that HOME-ARP funds are used in accordance with all program requirements and
written agreements, and taking appropriate action when performance problems arise. The use of
State recipients, subrecipients, or contractors does not relieve the PJ of this responsibility.
B. Written Agreement Requirements
Before disbursing any HOME-ARP funds to any entity, the PJ must enter into a written
agreement with that entity pursuant to 24 CFR 92.504. Similarly, before disbursing any HOME
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funds to a State recipient, subrecipient, or contractor which is administering all or a part of the
HOME-ARP program on behalf of the PJ,the PJ must also enter into a written agreement with
that entity that complies with 24 CFR 92.504 and the requirements described below. A written
agreement cannot commit to providing HOME-ARP funds after the end of the HOME-ARP
budget period.
The written agreement must require compliance with the requirements of this Notice. The
content of the written agreement will vary depending upon the role the entity is asked to assume
or the type of project undertaken.
This section details basic requirements by activity and the minimum provisions, in addition to
those at 24 CFR 92.504 that must be included in a written agreement. The written agreement
provisions in 24 CFR 92.504 that reference the requirements of 24 CFR 92.350, 24 CFR 92.351,
and 24 CFR 92.359 are not waived and apply for all HOME-ARP written agreements.
1. Rental Housing: The PJ must execute a written agreement with the project
owner/developer prior to the expenditure of HOME-ARP funds. The written agreement
must comply with 24 CFR 92.504 and contain the following additional provisions:
a. Use of HOME ARP funds for Rental Housing: The agreement between the
owner/developer must describe the address of the project or legal description of the
property if a street address has not be assigned to the property,the use of the HOME-
ARP funds and other funds for the project, including the tasks to be performed for the
project, a schedule for completing the tasks and the project, and a complete budget,
including any HOME-ARP funds used to capitalize an operating cost reserve for
qualified HOME-ARP units. These items must be in sufficient detail to provide a sound
basis for the PJ to effectively monitor performance under the agreement to achieve
project completion and compliance with HOME-ARP requirements.
b. Operating Cost Assistance: If the PJ will provide HOME-ARP funds for operating cost
assistance,the agreement must specify whether the PJ will provide assistance through
periodic payments or capitalize the operating cost assistance reserve based on the
operating deficit projected for the 15-year compliance period. If the PJ is providing
ongoing assistance,the amount of-assistance-must be-based-on the actual operating -
deficit associated with the HOME-ARP units restricted for occupancy by qualifying
households. The written agreement must specify the frequency of operating assistance
payments made to the owner(e.g., monthly, quarterly, etc.) and state that the amount of
assistance will be equal to the deficit demonstrated and/or incurred. The written
agreement may only provide for HOME-ARP funds to be used for operating assistance
payments during the budget period defined in Section VIII.C.4 below. If operating cost
assistance will be required beyond the budget period, the PJ should capitalize an
operating reserve before the expiration of the budget period for HOME-ARP funds in
accordance with Section VI.B.23. If the PJ is capitalizing the operating reserve for the
15-year HOME-ARP compliance period, the amount of assistance must be based on the
project's underwriting and the total anticipated operating deficit associated with the
HOME-ARP units restricted for occupancy by qualifying households. The written
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agreement must specify the amount of the capitalized reserve and the restrictions on its
use during the minimum compliance period in Section VI.B.18. Net operating income
resulting from HOME-ARP operating cost assistance is not permitted and must be
prohibited in the written agreement between the participating jurisdiction and the owner.
c. Sublease/Master Lease of HOME ARP Units: If the PJ will permit a project owner to
execute a sublease or master lease with a nonprofit organization for HOME-ARP units
restricted for occupancy by qualifying households, the agreement must specify the
duration of the sublease or master lease, applicable rents, lease requirements and tenant
protections.
d. On-going compliance: The agreement must require rental housing assisted with HOME-
ARP funds to comply with the on-going requirements of Section VI.B of this Notice or
require repayment in accordance with Section VLB.22.
e. Property Standards: The agreement must require the housing to meet the property
standards required in 24 CFR 92.251 paragraphs (a)new construction, (b)rehabilitation
projects, (c)(1) and(2) acquisition of standard housing and (f)on-going property
condition standards.
f. Records and reports: The agreement must specify the particular records that must be
maintained and the information or reports that must be submitted to assist the PJ in
meeting its recordkeeping and reporting requirements. The owner/developer of rental
housing must annually provide the PJ with information on rents and occupancy of
HOME-ARP assisted units to demonstrate compliance with this Notice. If the rental
project has floating HOME-ARP units, the project owner/developer must provide the PJ
with information regarding unit substitution and filling vacancies so that the project
remains in compliance with the HOME-ARP occupancy requirements. The agreement
must specify the reporting requirements, (including copies of financial statements) to
enable the PJ to determine the financial condition and continued financial viability of the
project.
g. Enforcement of the agreement: The agreement must provide for a means for the PJ to
enforce compliance with HOME-ARP requirements. This means of enforcement may
include liens, deed restrictions, covenants running with the land, use restriction, or other
mechanism approved by HUD under which the PJ has the right to require specific
performance. In addition, the agreement must specify remedies for breach of the
provisions of the agreement.
h. Request for disbursement of funds: The agreement must specify that the
owner/developer may not request disbursement of funds under the agreement until the
funds are needed for payment of eligible costs. The owner/developer may request
capitalization of a project operating cost assistance reserve for the qualifying units once
all necessary title transfer requirements and construction work have been performed.
The amount of each request must be limited to eligible costs in the amount needed, as
described in Section VI.B.5.g.
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i. Duration of the agreement: The agreement must be in effect for at least the 15-year
HOME-ARP minimum compliance period.
j. On-site Inspections and Financial Oversight: The PJ must comply with the on-site
inspections and financial oversight requirements of 24 CFR 92.504(d)(1) and(2). In
addition, if the PJ will permit the capitalization of a project operating cost assistance
reserve, the PJ must, no less than annually, oversee the administration of the operating
cost assistance reserve account to verify that the account is appropriately sized and
draws from the account are used to cover any deficits associated with units occupied by
qualifying households.
k. Tenant Selection: The written agreement must contain provisions explaining the method
of tenant selection to be used in accordance with the requirements of Section IV.0 and
VI.B.20 of this Notice. This section must be in sufficient detail to determine which
method of tenant selection is being used for the qualifying population(i.e.,use of CE,
use of CE with oth,er referral methods, or project-specific waiting list),the method of
tenant selection for low-income households (See Section VI.B.20.b and 24 CFR
92.253(d)), and any required policies and procedures around the use of a CE or project-
specific waiting list. This section must also be in sufficient detail to determine
compliance with the PJ's preferences and/or method of prioritization, if any, as well as
all applicable fair housing, civil rights, and nondiscrimination requirements, including
but not limited to those requirements listed in 24 CFR 5.105(a).
2. TBRA (subrecipient or contractor): The requirements at 24 CFR 92.504, apply to the use
of HOME-ARP funds for TBRA. The written agreement provisions in 24 CFR 92.504 that
reference the requirements of 24 CFR 92.350, 24 CFR 92.351, and 24 CFR 92.359 are not
waived and still apply for HOME-ARP written agreements. The written agreement must
contain the following provisions:
a. Use of HOME ARP funds: At a minimum, the written agreement must describe the
amount and use of the HOME-ARP funds, the tasks to be performed, or services to be
provided. HOME-ARP funds cannot be provided after the end of the HOME-ARP
budget period.
b. Recor-d-and-reports:The agreement must-specify the-particular-records-that-must be
maintained and the information or reports that must be submitted to assist the PJ in
meeting its recordkeeping and reporting requirements.
c. Duration of agreement and disbursement of funds: The agreement must specify the
duration of the agreement and state that disbursement of funds under the agreement may
not be requested until the funds are needed.
d. Compliance with HOME ARP program requirements: The written agreement must
require compliance with HOME-ARP program requirements for the HOME-ARP TBRA
activity as outlined in Section VI.0 of this Notice.
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e. Rental assistance contract: There must be a rental assistance contract between the PJ
and either the HOME-ARP sponsor, the HOME-ARP TBRA assisted household, or the
property owner. The PJ must determine the terms of the rental assistance contract. The
rental assistance contract continues until the lease is terminated. If the rental assistance
is being provided through a HOME-ARP sponsor, the PJ must determine the term of the
rental assistance contract between the PJ and HOME-ARP sponsor.
If HOME-ARP TBRA is provided in coordination with a HOME-ARP sponsor, the PJ
must enter into a written agreement with the HOME-ARP sponsor if the HOME-ARP
TBRA rental assistance contract is not with the HOME-ARP sponsor and the HOME-
ARP sponsor will be receiving the HOME-ARP TBRA subsidy directly from the PJ.
The written agreement must specify the requirements for the HOME-ARP sponsor
receiving the TBRA subsidy on behalf of the HOME-ARP TBRA household and the
HOME-ARP sponsor's obligation to use the HOME-ARP TBRA payment to pay rent
for the unit to the property owner or management agent. If HOME-ARP TBRA is
provided in coordination with a HOME-ARP sponsor, the sponsor must enter into a
sublease with the HOME-ARP TBRA assisted household that must specify the duration
of the sublease, applicable rents, lease requirements and tenant protections, all in
accordance with the requirements of this Notice.
f. Tenant Selection: The written agreement must require the owner to comply with the
method of tenant selection determined by the PJ and applicable requirements of Section
IV.0 and VI.C.1 of this Notice. The written agreement must include a description of the
required method of tenant selection for the qualifying populations (i.e., use of CE,use of
CE with other referral methods,project-specific waiting list),the method of tenant
selection for low-income households.(See Section VI.B.20.b and 24 CFR 92.253(d)),
and any required policies and procedures around the use of a CE or project-specific
waiting list. This section of the written agreement must be in sufficient detail to
determine compliance with the PJ's preferences and/or method of prioritization, if any,
as well as all applicable fair housing, civil rights, and nondiscrimination requirements,
including but not limited to those requirements listed in 24 CFR 5.105(a).
3. Supportive Services (subrecipient or contractor): The requirements at 24 CFR 92.504,
apply to the use of HOME-ARP funds for supportive services. The provisions of the written
agreement will depend on the role the entity is asked to assume. At a minimum, the written
agreement must contain the following provisions:
a. Use of HOME funds: The written agreement must describe the amount and uses of the
HOME-ARP funds, the tasks to be performed, the services to be provided, and include a
budget. The written agreement cannot agree to provide HOME-ARP funds after the end
of the HOME-ARP budget period.
b. Records and Reports: The agreement must specify the particular records that must be
maintained and the information or reports that must be submitted in order to assist the PJ
in meeting its recordkeeping and reporting requirements as required under Section
VIII.F of this Notice.
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c. Duration of the agreement and Disbursement of Funds: The agreement must specify the
duration of the agreement, and state that disbursement of funds under the agreement may
not be requested until the funds are needed.
d. Compliance with HOME ARP Program Requirements: The written agreement must also
require compliance with HOME-ARP program requirements for the HOME-ARP
supportive services activity as described in Section VI.D of this Notice.
4. HOME-ARP Non-Congregate Shelter(owner/developer): Written agreements must be
executed between the PJ and the owner for all HOME-ARP NCS projects. A legally
binding HOME-ARP NCS written agreement must include the date of the signature of each
person signing the agreement. PJs are responsible for entering into written agreements
before disbursing HOME-ARP funding. Contents of written agreements can vary based on
specific needs of the PJ,the owner, and the project. Agreements for the acquisition,
development, and rehabilitation of HOME-ARP NCS units must contain the following
provisions:
a. Use of HOME ARP funds: The agreement between the PJ and owner must include the
address of the project or legal description of the property if a street address has not been
assigned to the property, the use of the HOME-ARP NCS funds and other funds for the
project, including the tasks to be performed for the project, a schedule for completing
the tasks and the project, and a complete budget. These items must be in sufficient
detail to provide a sound basis for the PJ to effectively monitor performance under the
agreement to achieve project completion and compliance with HOME-ARP
requirements. The written agreement cannot agree to provide HOME-ARP funds after
the end of the HOME-ARP budget period.
b. Habitability and Property Standards: The agreement must require the HOME-ARP
NCS project to meet the habitability and property standards as described in Section
VLE.7 of this Notice based on the type of project completed.
c. Project Requirements: The agreement must require the HOME-ARP NCS project to
meet the project requirements as described in this Notice.
d. Other program-requirements:- The agreement-must require the--P--J and owner to carry out
the project in compliance with the other Federal requirements of 24 CFR 92 subpart H
and 24 CFR 92.505.
e. Records and reports: The agreement must specify the particular records that must be
maintained and the information or reports that must be submitted to assist the PJ in
meeting its recordkeeping and reporting requirements.
f. Restricted Use Period: The agreement must require the project to meet the Restricted
Use Period as described in Section VI.E.9 of this Notice based on project type.
g. Enforcement of the agreement: The agreement must provide for a means for the PJ to
enforce compliance with HOME-ARP requirements. This means of enforcement may
include liens, deed restrictions, covenants running with the land,use restriction, or other
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mechanism approved by HUD under which the PJ has the right to require specific
performance. In addition, the agreement must specify remedies for breach of the
provisions of the agreement.
h. Plan of Conversion: PJs that intend to allow conversion of HOME-ARP NCS projects
to other permanent affordable housing as permitted in this Notice must describe
conversion as a possible outcome of the HOME-ARP NCS project; specify the
conditions under which conversion will be permitted; and require that the PJ approve the
terms and conditions of any conversion before the conversion occurs.
i. Additional PJ Conditions and Requirements: PJs may include additional program and
project requirements as determined necessary.
5. Non-Profit Operating and Capacity Building: The requirements at 24 CFR 92.504(c)(6),
apply to the use of HOME-ARP funds for non-profit operating and capacity building
assistance. The written agreement must describe the amounts and uses of HOME-ARP
funds for operating expenses or capacity building. If the non-profit organization is not also
receiving HOME-ARP funds to carry out a HOME-ARP project, the agreement must
provide that the organization is expected to receive funds for a HOME-ARP project within
24 months of the date of receiving the funds for operating or capacity building expenses and
must specify the terms and conditions upon which this expectation is based and the
consequences of failure to receive funding for a project.
When a PJ provides both operating assistance and capacity building assistance to an
organization, it must enter into either one written agreement for both types of assistance or
separate written agreements for operating expense assistance and capacity building
assistance. If a PJ chooses to enter into one written agreement, the PJ must separately
identify the scope of assistance, eligible uses and costs, and a budget for each type of funds.
C. Grants Management
1. HOME-ARP Grant Agreement: HUD will make HOME-ARP funds available to the PJ
pursuant to a HOME-ARP Grant Agreement, consistent with Section VIII.C.2 below.
Subject to the provisions of the grant agreement and requirements in this Notice, HUD will
obligate HOME-ARP funds to the PJ upon execution of the agreement by both parties. In
the grant agreement,the PJ agrees that funds invested in affordable housing under this
Notice are repayable if the housing no longer meets the requirements of this Notice during
the compliance period or the NCS no longer meets the requirements of this Notice during
the restricted use period. The PJ also agrees to assume all responsibility for environmental
review, decision making, and actions, as specified and required in regulation at 24 CFR
92.352 and 24 CFR Part 58. The PJ agrees to comply with 24 CFR 92.505 and applicable
Uniform Administrative Requirements at 2 CFR part 200, as amended. The PJ agrees to
comply with requirements established by the Office of Management and Budget(OMB)
concerning the unique entity identifier and System for Award Management (SAM)
requirements in Appendix Ito 2 CFR part 200, as amended, and the Federal Funding
Accountability and Transparency Act (FFATA) in Appendix A to 2 CFR part 170. The PJ
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agrees to comply with the federal nondiscrimination and equal opportunity requirements at
24 CFR 92.350 and affirmative marketing requirements in 24 CFR 92.351 and the VAWA
requirements set forth in 24 CFR 92.359. The HOME-ARP grant is obligated when the
HUD Authorized Official signs the memorandum obligating HOME-ARP grants. The
HOME-ARP Grant Agreement must be signed by the CPD Field Office Director and
counter-signed by the PJ's authorized signatory. Once the CPD division in the local field
office receives the fully executed HOME-ARP Grant Agreement, it_will send the agreement
to HUD's CFO Accounting Office for processing. As described in Section VIII.C.2 of this
Notice, funds will become available to the PJ in IDIS once HUD's CFO Accounting Office
processes the grant.
2. Access to Administrative Set-aside Funds: Upon issuance of this Notice, HUD will
obligate all HOME-ARP grants to PJs through the signing of the HOME-ARP obligating
memorandum, after which each HOME-ARP Grant Agreement must be signed by both
parties. After obligation,HUD will permit the PJ to use 5 percent of its award for eligible
administrative and planning costs under Section VI.A of this Notice. The PJ may not
expend any funds for non-administrative and planning costs before the HOME-ARP
allocation plan is accepted by HUD as described in Section V.D.2 and 3 of this Notice.
HUD will make the remaining HOME-ARP grant funds available to the PJ once HUD
accepts the HOME-ARP allocation plan. If the PJ does not submit a HOME-ARP allocation
plan or if the PJ's plan is not accepted within a reasonable period of time, as determined by
HUD, any costs incurred or HOME-ARP funds expended by the PJ will be considered
ineligible costs and must be repaid with non-Federal funds in accordance with guidance
from HUD.
3. HOME-ARP Grant Number: The PJ's HOME-ARP grant number is similar to its HOME
grant number with the exception of the source type code. All HOME-ARP grants have the
program identifier"M"and the source year of the grant "21." The different source type
codes are identified in the table below.
Source Type HOME Source HOME-ARP
Description Type Code Source Type Code
HOME Consortium DC DP
Metropolitan City MC MP
State SG SP
Insular Area ST IP
Urban County UC UP
The unique grantee identifier portion of the grant number will be the same for HOME-ARP
grants as it is for HOME grants. See examples of HOME-ARP grant numbers with the
different source type codes in the table below.
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Participating HOME Grant HOME-ARP
Jurisdiction Number Grant Number
Maryland M21SG240100 M21SP240100
Baltimore M21MC240200 M21MP240200
4. Budget Period: The budget period for HOME-ARP grants begins on the Federal Award
Date, which is the date of the HUD Authorized Official's signature specified on the HOME-
ARP Grant Agreement. The budget period for HOME-ARP grants ends on September 30,
2030. The PJ may not expend any HOME-ARP funds after September 30, 2030. After
September 30,2030, any HOME-ARP funds remaining in the PJ's HOME Investment Trust
Fund Treasury account will be cancelled and not available for obligation or expenditure for
any purpose (per 31 U.S.C. 1552).
5. Period of Performance: The period of performance for HOME-ARP grants begins on the
Federal Award Date, which is the date of the HUD Authorized Official's signature specified
on the HOME-ARP Grant Agreement. The period of performance for HOME-ARP grants
ends on September 30, 2030.
6. Audit: Audits of the PJ, State recipients, and subrecipients must be conducted in
accordance with 2 CFR part 200, subpart.F.
7. Closeout: HOME-ARP funds will be closed out in accordance with 2 CFR part 200,
subpart D. The PJ will use HUD's data system to closeout HOME-ARP grants once all
HOME-ARP funds have been expended, all HOME-ARP activities are completed in
accordance with the requirements of this Notice, and the proper beneficiary data has been
entered. In order to closeout its HOME-ARP grants,the PJ must not have any open CPD
monitoring findings or audits related the HOME-ARP funds. HUD will provide closeout
guidance and instructions at a later date.
D. Applicability of Uniform Administrative Requirements.
The requirements of 2 CFR part_200, as amended apply to PJs, State recipients, and
subrecipients receiving HOME-ARP funds, except for the following provisions: 2 CFR
200.306, 200.307, 200.308 (not applicable to participating jurisdictions),200.311 (except as
provided in 24 CFR 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR
200.305 apply as modified by 24 CFR 92.502(c)and this Notice. If there is a conflict between
definitions in 2 CFR part 200 and 24 CFR part 92, the definitions in 24 CFR part 92, govern.
Moreover, if there is a conflict between the provisions of 2 CFR part 200 and the provisions of
this Notice,the provisions of this Notice govern.
Where regulations in 24 CFR part 92 refer to specific regulations of 2 CFR part 200 that were or
are renumbered or revised by amendments to 2 CFR part 200, the requirements that apply to the
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use of HOME-ARP funds are the applicable requirements in 2 CFR part 200, as amended,
notwithstanding the renumbered regulatory reference.
E. Financial Management
1. The HOME Investment Trust Fund: HUD will establish a HOME-ARP Investment Trust
Fund Treasury account(Treasury account) for a PJ's HOME-ARP funds. The Treasury
account includes all HOME-ARP funds allocated to the PJ by formula and any HOME-ARP
funds repaid by the PJ.
The PJ must establish a HOME-ARP Investment Trust Fund local account (local account) as
described in 24 CFR 92.500. The PJ may use either a separate local account or, a subsidiary
account within its general fund(or other appropriate fund) as the local account. The PJ may
not use the same local account for HOME-ARP that it uses for its HOME local account.
The local account includes deposits of HOME-ARP funds disbursed from the Treasury
account. The local account must be interest-bearing.
HUD will reduce or recapture any HOME-ARP funds that are in the Treasury account that
are not expended(drawn down) by September 30, 2030. Due to end-of-year financial
system closeouts that begin before this date and prevent electronic access to the payment
system, requests to draw down the funds must b,e made at least 7 full business days before
this date so that the funds still can be drawn from the Treasury account through IDIS.
2. Program Income: Program Income means gross income received by the PJ generated from
the use of HOME-ARP funds during the grant period of performance. This includes, but is
not limited to,principal and interest payments from a loan made with HOME-ARP funds, or
other income or fees received from project owners in connection with HOME-ARP funds,
and interest earned by the PJ on program income before its disposition.
Program income earned as a result of the use of HOME-ARP funds is HOME program
income and must be used in accordance with the requirements of 24 CFR part 92. All
program income must be recorded in IDIS. Program income must be deposited in the PJ's
HOME-ARP local account(unless the PJ allows a State recipient or subrecipient to retain
the program income for additional HOME projects pursuant to such terms aad conditions in
the written agreement and this Notice). The PJ must enter HOME-ARP program income
retained by the State recipient or subrecipient as a HOME program income receipt in IDIS
and subgrant the program income to the State recipient or subrecipient that retained the
program income. The PJ is responsible to report on the use of its program income in IDIS,
including program income it allowed a State recipient or subrecipient to retain.
3. Repayments: Any HOME-ARP funds used for costs that are not eligible under this Notice,
funds invested in a project that is terminated before completion,either voluntarily or
otherwise, or funds invested in HOME-ARP rental housing and NCS that does not meet the
requirements in this Notice for the applicable period specified in this Notice must be repaid
by the PJ to its Treasury account. If the funds are repaid after September 30, 2030, they will
be recaptured by the U.S. Department of Treasury and the PJ will not be able to re-use the
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funds for eligible HOME-ARP activities. HOME-ARP funds may not be repaid to the PJ's
local account.
4. Integrated Disbursement and Information System (IDIS): The PJ will use IDIS to
administer its HOME-ARP funds. The PJ will request disbursements of HOME-ARP funds
from its Treasury account and collect and report information on the use of HOME-ARP
funds through IDIS. (For purposes of reporting in IDIS, a HOME-ARP project is an
activity.) The PJ must report all program income in IDIS.
The requirements of 24 CFR 92.502(c)(3) do not apply to HOME-ARP funds.
In accordance with this Notice, a HOME-ARP written agreement providing HOME-ARP
funds to a project or the CHDO/nonprofit must be signed and dated by:
a. the PJ and project owner for HOME-ARP rental and HOME-ARP NCS;
b. the PJ and service provider for HOME-ARP supportive services;
c. the PJ and landlord, tenant, and/or HOME-ARP sponsor, as applicable, for HOME-ARP
TBRA; and,
d. the PJ and CHDO/nonprofit organization for HOME-ARP Operating Expenses and
Capacity Building Assistance.
This must occur before any HOME-ARP funds are disbursed. Federal funds cannot be
drawn from the Treasury account in advance of the need to pay an eligible cost.
Consequently, HOME-ARP funds cannot be drawn from the U.S. Treasury and placed in
escrow or advanced in lump sums to State recipients, subrecipients,project owners, service
providers, or landlords or tenants, except funds drawn down for a HOME-ARP rental
project for an operating cost assistance reserve or reserve for replacement pursuant to
Section VI.B.5.g. of this Notice or a HOME-ARP NCS project for a replacement reserve
pursuant to Section VI.E.
Once funds are drawn from the PJ's Treasury account,they must be expended for an eligible
HOME-ARP cost within 15 days. Any interest earned within the 15-day period may be
retained by the PJ as HOME program income and recorded in IDIS as a program income
receipt. Any funds that are drawn down and not expended for eligible costs within 15 days
of the disbursement must be returned to HUD for deposit in the PJ's Treasury account.
Interest earned after 15 days belongs to the United States and must be remitted to the United
States as provided in 2 CFR 200.305(b)(9), except interest amounts up to $500 per year may
be retained for the PJ's administrative expenses.
Additional HOME-ARP funds may be committed to a project up to one year after project
completion.
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HUD will govern access to IDIS by other entities participating in the HOME program(e.g.,
State recipients). Only PJs and State recipients (if permitted by the State) may request
disbursement.
F. Recordkeeping
Each PJ must establish and maintain sufficient records to enable HUD to determine whether the
PJ has met the requirements of this Notice. At a minimum,the following records are needed:
1. Program Records:
a. Records evidencing that all HOME-ARP funds used by a PJ for TBRA, supportive
services, and acquisition and development of non-congregate shelter units benefit
individuals and families in qualifying populations.
b. Records evidencing that not less than 70 percent of affordable rental housing units
acquired, rehabilitated, and/or constructed with HOME funds by a PJ are restricted for
occupancy by households in the qualifying populations.
c. Records documenting compliance with the 15 percent limitation on administrative and
planning costs.
d. Records documenting compliance with the 5 percent limitation on CHDO and non-profit
operating and capacity building costs.
e. The underwriting and subsidy layering guidelines adopted in accordance with Section
VI.B.10 of this Notice that support the PJ's HOME-ARP allocation plan certification.
f. If existing debt is refinanced for multifamily rehabilitation projects,the HOME-ARP
refinancing guidelines established in the HOME-ARP in the HOME-ARP Allocation
Plan.
g. If HOME-ARP funds are used for TBRA, records supporting the PJ's written selection
policies and criteria; supporting documentation for preferences for specific categories of
qualifying_individuals;_and records_supporting the rent standard_and.minimum_tenant
contribution established in accordance with Section VI.C.7 and 8 of this Notice.
h. Confidentiality.
i. The PJ's written policies and procedures for maintaining confidentiality of
qualifying households as individuals or families fleeing,or attempting to flee
domestic violence, dating violence, sexual assault, stalking, or human trafficking in
accordance with Section VIII.H.
ii. The PJ's written policies and procedures for maintaining confidentiality in
compliance with the VAWA protections contained in 24 CFR Part 5, Subpart L.
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2. Project Records: PJs are required to retain the following records for HOME-ARP-assisted
projects, as specified by activity type.
a. A full description of each project assisted with HOME-ARP funds, including the
location(address of project), form of HOME-ARP assistance, and the units, families, or
qualifying households assisted with HOME-ARP funds, subject to confidentiality
requirements in this Notice.
b. The source and application of funds for each project, including supporting
documentation in accordance with 2 CFR 200.302; and records to document the
eligibility and permissibility of the project costs, including the documentation of the
actual HOME-ARP-eligible development costs of each HOME-ARP-assisted unit as
defined in this Notice.
c. Records (i.e., written agreements) demonstrating compliance with the written agreement
requirements in Section VIII.B of this Notice.
d. Records (e.g., inspection reports) demonstrating that each HOME-ARP rental project
meets the property standards in Section VI.B.11 of this Notice at project completion and
through the applicable minimum compliance period. In addition, during a HOME-ARP
rental project's minimum compliance period, records demonstrating compliance with the
property standards and financial oversight pursuant to 24 CFR 92.504(d) and the
operating cost assistance reserve management and oversight required by Section VI.B.23
of this Notice.
e. Records (e.g., inspection reports) demonstrating that each unit occupied by a qualifying
household receiving HOME-ARP TBRA, meets the housing quality standards of Section
VI.C.9 of this Notice at initial occupancy and throughout the household's term of
assistance.
f. Records (e.g., inspection reports)demonstrating that each NCS project meets the
property and habitability standards of Section VI.E.7 of this Notice at project completion
and throughout the applicable restricted use period.
g. Records demonstrating that each qualifying household is eligible for HOME-ARP
assistance based on the requirements of the ARP and Section IV of this Notice.
h. Records demonstrating that each household qualifying as homeless,records that meet
the requirements in 24 CFR 576.500(b)(1), (2), (3), or(4), as applicable (except that
youth aged 24 and under must not be required to provide third-party documentation to
show they are homeless to receive any shelter, housing, or services for which ESG or
CoC Program funds may be used to supplement the HOME-ARP assistance).
i. Records demonstrating that each household qualifying as "at risk of homelessness,"
records that meet the requirements in 24 CFR 576.500(c)(1) or(2), as applicable, and
include the following documentation of annual income:
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i. Income evaluation form containing the minimum requirements specified by
HUD and completed by the recipient or subrecipient; and
ii. Source documents for the assets held by the household and income received
over the most recent period for which representative data is available before the
date of the evaluation(e.g.,wage statement,unemployment compensation
statement, public benefits statement, bank statement);
iii. To the extent that source documents are unobtainable, a written statement by the
relevant third party (e.g., employer, government benefits administrator) or the
written certification by the recipient's or subrecipient's intake staff of the oral
verification by the relevant third party of the income the household received over
the most recent period for which representative data is available; or
iv. To the extent that source documents and third-party verification are
unobtainable,the written certification by the household of the amount of income
the household received for the most recent period representative of the income
that the household is reasonably expected to receive over the 3-month period
following the evaluation.
j. Records demonstrating compliance with the household income requirements in
accordance with Section VI.B.12 of this Notice for each HOME-ARP rental project.
k. Records demonstrating that each HOME-ARP rental and NCS project meets the
minimum compliance period or restricted use period described in Sections VI.B.18 and
VI.E.9 respectively, of this Notice.
1. Records demonstrating that for each HOME-ARP rental housing unit or for each
household receiving HOME-ARP TBRA, compliance with the tenant protection
requirements of Sections VI.B.19 and VI.C.2,respectively, of this Notice. For HOME-
ARP TBRA or rental projects under a master lease,the PJ must retain records
demonstrating that a master lease for housing leased by a HOME-ARP sponsor and each
sublease between a qualifying household and HOME-ARP sponsor complies with the
tenant and participant protections of 24 CFR 92.253 and this Notice. Records must be
kept for each household.
m. Records demonstrating compliance with the return of the HOME-ARP rental capitalized
operating cost assistance reserve and/or the NCS replacement reserve at the end of the
compliance or restricted use period in accordance with Sections VI.B.24 and VI.E.10
respectively, of this Notice.
n. Records demonstrating that each HOME-ARP rental and each NCS project meets the
underwriting and subsidy layering or due diligence requirements of Section VI.B.10 or
VI.E.6 of this Notice.
o. Records demonstrating that each HOME-ARP rental housing project meets the rent
limitations of Sections VI.B.13 and VI.B.15 of this Notice for the 15-year minimum
compliance period. Records must be kept for each household assisted.
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p. Records demonstrating that each multifamily HOME-ARP rental housing project
involving rehabilitation with refinancing complies with the refinancing guidelines
established in accordance with 24 CFR 92.206(b).
q. Records demonstrating that a site and neighborhood standards review was conducted for
each HOME-ARP rental housing project involving new construction under Section VI.B
of this Notice to determine that the site meets the requirements of 24 CFR 983.57(e)(2)
and(e)(3), in accordance with 24 CFR 92.202.
r. Records demonstrating that any conversion of HOME-ARP NCS complies with the
requirements established by Section VI.E of this Notice, including that conversion of
NCS only occurred after the end of the applicable minimum use period defined in Section
VI.E.l1.
s. For all HOME-ARP NCS projects the following documents must be maintained, as
applicable:
i. Purchase contract, closing documents, settlement statement and title work for
acquisitions.
ii. Appraisal or other estimation of value to justify acquisition expenditure.
iii. Architectural and engineering contracts and completed designs, plans, and
specifications for rehabilitation and new construction activities.
iv. Invoices, pay requests, and proof of payment for all project expenditures.
v. Proof of insurance.
vi. Project and program audits.
t. For all HOME-ARP Supportive Services projects pursuant to McKinney-Vento or
Homelessness Prevention Supportive Services:
i. Records, where applicable, demonstrating compliance with the termination of
assistance requirement as described in Section VI.D.5 of this Notice.
ii. Records of all solicitations of and agreements with subrecipients and contractors,
records of all payment requests by and dates of payments made to subrecipients,
and documentation of all monitoring and sanctions of subrecipients, as
applicable including any findings and corrective actions required.
iii. Records of all procurement contracts and documentation of compliance with the
procurement requirements in 2 CFR part 200, subpart D, as revised by Section
VIII.D of this Notice.
iv. Records evidencing the use of the written procedures required under Section
VI.D.2 and records evidencing compliance with Section IV.C.2 of this Notice.
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v. Records of all leases, subleases,and financial assistance agreements for the
provision of rental payments, documentation of payments made by the PJ to
owners, HOME-ARP sponsor, or qualifying households for the provision of
financial assistance for rental payments, and supporting documentation for these
payments, including dates of occupancy by qualifying individuals and families.
vi. Records that document the monthly allowance for utilities (excluding telephone)
used to determine compliance with the rent restriction.
vii. Records of the types of services provided under the PJ's program and the
amounts spent on these services.
viii. Records demonstrating subrecipient compliance with the recordkeeping
requirements in Section VIILF of this Notice.
u. For all HOME-ARP Housing Counseling Services projects as defined in 24 CFR part 5,
each participating housing counseling agency must maintain a recordkeeping and
reporting system in accordance with 24 CFR 214.315 and 24 CFR 214.317.The system
must permit HUD to easily access all information needed for a performance review.
v. For all HOME-ARP-assisted nonprofit operating expense and capacity building
assistance activities:
i. Records concerning the use of funds for nonprofit operating expense and
capacity building assistance must be maintained to enable HUD to determine
whether the PJ has met the requirements of Section VLF of this Notice.
ii. Written agreements between the PJ and the nonprofit organization providing
nonprofit operating expense assistance or capacity building assistance must be
retained for five years after the agreement terminates.
3. Financial records:
a. Records, in accordance with 2 CFR 200.302, identifying the source and application of
HOME-ARP funds, Identification_must include,.as applicable,the Assistance Listing
program title and number(formerly Catalogue of Federal Domestic Assistance), Federal
award identification number and year,name of the Federal agency, and name of the
pass-through entity, if any.
b. Records concerning the HOME-ARP Investment Trust Fund Treasury account and local
account required to be established and maintained by this Notice, including deposits,
disbursements, balances, supporting documentation and any other information required
by IDIS.
c. Records identifying the source and application of program income and repayments.
d. Records demonstrating adequate budget control and other records required by 2 CFR
200.302, including evidence of periodic account reconciliations.
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4. Program administration records:
a. Records demonstrating compliance with the written agreements required by Section
VIII.B of this Notice.
b. Records demonstrating compliance with the applicable uniform administrative
requirements required by Section VIII.D of this Notice.
c. Records documenting required inspections, monitoring reviews and audits, and the
resolution of any findings or concerns.
5. Records concerning other Federal requirements:
a. Equal opportunity and fair housing records.
i. Data on the extent to which each racial and ethnic group,and single-headed
households by gender of household head)have applied for, participated in, or
benefited from, any program or activity funded in whole or in part with HOME-
ARP funds.
ii. Documentation that the PJ submitted a certification that it will affirmatively
further fair housing consistent with HUD's Interim Final Rule entitled Restoring
Affirmatively Furthering Fair Housing Definitions and Certifications(86 FR
30779,June 10, 2021)(codified at 24 CFR 5.151 and 5.152;), available at
https //www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-
affirmatively-furthering-fair-housing-definitions-and-certifications.
iii. Records demonstrating compliance with the nondiscrimination and equal
opportunity requirements of 24 CFR 92, Subpart H.
b. Affirmative marketing and MBE/WBE records.
i. Records demonstrating compliance with the affirmative marketing procedures
and requirements of 24 CFR 92.351 and this Notice.
ii. Documentation and data on the steps taken to implement the jurisdiction's
outreach programs to minority-owned(MBE)and female-owned(WBE)
businesses including data indicating the racial/ethnic or gender character of each
business entity receiving a contract or subcontract of$25,000 or more paid, or to
be paid, with HOME-ARP funds; the amount of the contract or subcontract, and
documentation of participating jurisdiction's affirmative steps to assure that
minority business and women's business enterprises have an equal opportunity to
obtain or compete for contracts and subcontracts as sources of supplies,
equipment, construction, and services.
c. Records demonstrating compliance with the environmental review requirements of 24
CFR 92.352, 24 CFR part 58, and this Notice including flood insurance requirements.
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d. Records demonstrating compliance with the requirements of 24 CFR 92.353 and the
provisions of Section VII.F of this Notice regarding displacement, relocation, and real
property acquisition, including but not limited to:
i. project occupancy lists identifying the name and address of all persons
occupying the real property on the date described in 24 CFR 92.353(c)(2)(i)(A),
moving into the property on or after the date described in 24 CFR
92.353(c)(2)(i)(A), and occupying the property upon completion of the project;
ii. lists of all individuals or families occupying hotels and motels and other
nonresidential properties acquired, rehabilitated,,and/or demolished and newly
constructed to become HOME-ARP NCS or HOME-ARP rental housing that
qualify for assistance under this Notice as members of a qualifying population,
as well as records indicating whether such persons were assisted by the HOME-
ARP program by the PJ following the closure of the nonresidential properties
because of HOME-ARP activities
iii. lists of all individuals or families occupying HOME-ARP NCS that were
converted during the required use period that qualify for assistance under this
Notice, as well as records indicating whether moving costs or advisory services
were provided as part of HOME-ARP administrative costs or under the HOME-
ARP supportive services activity in Section VI.D of this Notice, and records
indicating whether such persons were assisted by the HOME-ARP program by
the PJ following the conversion of the HOME-ARP NCS units.
iv. Documentation that the PJ has and followed a RARAP in accordance with 24
CFR 92.353 and 24 CFR 42.325.
e. Records demonstrating compliance with the labor requirements of 24 CFR 92.354,
including contract provisions and payroll records.
f. Records demonstrating compliance with the lead-based paint requirements of 24 CFR
part 35, subparts A, B, J, K, M and R, as applicable.
g. Records supporting-compliancewith conflict of interest-requirements in 24 CFR 92:356,
as revised by Section VII.H of this Notice, as well as documentation of any exceptions
granted by HUD or a state PJ, as applicable, to the conflict of interest provisions in 24
CFR 92.356, as revised by Section VII.H of this Notice.
h. Records demonstrating compliance with debarment and suspension requirements in 2
CFR part 2424.
i. Records concerning intergovernmental review, as required by 24 CFR 92.357.
j. Records of emergency transfers requested under 24 CFR 5.2005(e) and 24 CFR 92.359
pertaining to victims of domestic violence, dating violence, sexual assault,or stalking,
including data on the outcomes of those requests.
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k. Documentation of actions undertaken to meet the requirements of 24 CFR hart 75 which
implements section 3 of the Housing Development Act of 1968,as amended(12 U.S.C.
1701u).
6. State Recipients and Subrecipients: A PJ that distributes HOME-ARP funds to State
recipients or subrecipients must require the State recipients or subrecipients to keep the
records required by paragraphs 1. program records, 2. project records,3. financial records,
4. program administration records, and 5. records concerning other federal requirements of
Section VIII.F of this Notice, and such other records as the PJ determines to be necessary to
enable the PJ to carry out its responsibilities under this Notice. The PJ need not duplicate the
records kept by the State recipients or subrecipients. The PJ must keep records concerning
its annual review of the performance and compliance of each State recipient and
subrecipient as required under 24 CFR 92.504(a).
7. Period of record retention: All records pertaining to HOME-ARP funds must be retained
for five years, except as provided below.
a. For HOME-ARP rental housing projects,records may be retained for five years after the
project completion date; except that records of individual tenant income verifications,
project rents and project inspections must be retained for the most recent five-year
period, until five years after the affordability period terminates.
b. For HOME-ARP TBRA projects, records must be retained for five years after the period
of rental assistance terminates.
c. Written agreements must be retained for five years after the agreement terminates.
d. Records covering displacements and acquisition must be retained for five years after the
date by which all persons displaced from the property and all persons whose property acquired for the project have received the final payment to which they are entitled i is
accordance with 24 CFR 92.353.
e. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has
been started before the expiration of the required record retention period records must be
retained until completion of the action and resolution of all issues which arise from it, or
until the end of the required period, whichever is later.
8. Access to records: The PJ must provide citizens, public agencies, and other interested
parties with reasonable access to records, consistent with applicable state and local laws and
any other applicable grant conditions from other federal grant programs regarding privacy
and obligations of confidentiality.
The PJ, subrecipient, contractor, or owner may create a program participant identifier code
or number that can be used on a file and maintained internally, in such a way that the
number itself does not inadvertently identify the program participant, (i.e., no use of initials,
date of birth, or other pieces of information that might suggest the identity of the program
participant). The "key"or"cypher" for the program participant identifier code would itself
be confidential and would not leave the provider. In the circumstance of HUD programs, the
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Unique Personal Identification Number which is generated within the comparable database
could be used with auditors to identify records of services to distinct individuals, subject to
the below requirement.
HUD and the Comptroller General of the United States, any of their representatives,have
the right of access to any pertinent books, documents,papers, or other records of the PJ,
state recipients, and subrecipients, in order to make audits, examinations, excerpts,and
transcripts. If a provider of services or operator of an NCS is subject to state or local laws
or other federal grant programs that require that HUD not be given access to records
detailing PII of victims,then auditors or evaluators may be given access to representative
files without any sharing of individual identifying information.
G. Reporting and Performance Reports.
The PJ must submit reports in a format and at such time as prescribed by HUD. In addition,
HUD and Office of the Inspector General(OIG) staff must be given access,upon reasonable
notice,to all information related to the selection, award, and use of HOME-ARP funds.
Each PJ must enter the required HOME-ARP data elements timely in IDIS.
1. For HOME-ARP rental activities under Section VI.B of this Notice,the PJ must enter
complete project completion information when it completes the activity in IDIS, except the
assisted units can be marked vacant until they are occupied by eligible households.
2. For HOME-ARP NCS activities under Section VI.E of this Notice,the PJ must enter
complete project completion information when it completes the activity in IDIS. In
addition,the PJ must report the disposition of any HOME-ARP-assisted NCS activity that is
converted to another eligible use at the time of conversion.
3. For HOME-ARP TBRA activities under Section VI.0 of this Notice, the PJ must report
beneficiary information in IDIS at the time assistance is provided.
4. For HOME-ARP Supportive Services activities under Section VI.D of this Notice, the PJ
must report in IDIS quarterly,by the 30th day after the end of each calendar quarter, on the
number of homeless and not homeless households assisted with supportive services and
housing counseling, including the race arid-ethnicity;-50-uselialztsize; and-household type of
the households assisted.
HUD will issue guidance about reporting on HOME-ARP activities in the PJ's consolidated
annual performance and evaluation report(CAPER)required under 24 CFR 91.520, at a later
date.
H. Confidentiality Requirements
1. All entities assisted by HOME-ARP funds must develop, implement, and maintain written
procedures to require that—
94
a. All records containing personally identifying information of any individual or family
who applies for and/or receives HOME-ARP assistance will be kept secure and
confidential;
b. The address or location of any NCS or HOME-ARP rental housing exclusively for
individuals fleeing or attempting to flee domestic violence, dating violence, sexual
assault, stalking, or human trafficking will not be made public, except as necessary
where making the address or location public does not identify occupancy of the NCS or
HOME-ARP rental housing, when necessary to record use restrictions or restrictive
covenants in accordance with Section VI.B or VI.E,or with written authorization of the
person or entity responsible for the operation of the NCS or HOME-ARP rental housing;
and
c. The address or location of any program participant that is a fleeing or attempting to flee
domestic violence, dating violence, sexual assault, stalking, or human trafficking will
not be made public, except as provided under a privacy policy of the PJ consistent with
state and local laws and any other grant conditions from other federal grant programs
regarding privacy and obligations of confidentiality.
2. Documenting status of a qualifying population that is fleeing or attempting to flee domestic
violence, dating violence, stalking, sexual assault, or human trafficking:
a. If an individual or family qualifies because the individual or family is fleeing or
attempting to flee domestic violence, dating violence, sexual assault, stalking, or human
trafficking then acceptable evidence includes an oral or written statement by the
qualifying individual or head of household seeking assistance that they are fleeing that
situation. An oral statement may be documented by either—
i. a written certification by the individual or head of household; or
ii. a written certification by a victim service provider, intake worker, social worker,
legal assistance provider, health-care provider, law enforcement agency, legal
assistance provider, pastoral counselor, or an intake worker in any other
organization from whom the individual or family sought assistance.
The written documentation need only include the minimum amount of information
indicating that the individual or family is fleeing or attempting to flee domestic violence,
dating violence, sexual assault, stalking, or human trafficking and need not include any
additional details about the conditions that prompted the individual or family to seek
assistance.
IX. PERFORMANCE REVIEWS
HUD will review the performance of each PJ in carrying out its responsibilities for the use of
HOME-ARP funds and its compliance with the requirements of this Notice. Such reviews may
take the form of remote or on-site monitoring, review of IDIS data or reports, assessment of
documents requested from the PJ, subrecipient, or other entity carrying out HOME-ARP
activities, and inquiries resulting from external audit reports, media reports, citizen complaints,
95
or other sources of relevant information. HUD may also review a PJ's timely use of HOME-
ARP funds for eligible activities, including the progress of expenditures for individual projects
or activities,the requirement to place a project in service in accordance with requirements in
this Notice, and compliance of HOME-ARP rental housing and NCS with the 4-year deadline
for completing projects.
If HUD preliminarily determines that a PJ has not met a requirement of this Notice or an
applicable requirement of the HOME regulations at 24 CFR Part 92, HUD will communicate its
determination in writing and provide the PJ with the opportunity to demonstrate, based on
substantial facts, documentation, and data,that it has done so. HUD may extend any time
period it provided to the PJ to demonstrate its compliance if upon request of the PJ, HUD
determines that is it infeasible for the PJ to provide a full response within the prescribed period.
If the PJ fails to demonstrate to HUD's satisfaction that it has met the requirement, HUD will
take corrective or remedial action in accordance with this section or 24 CFR 92.552.
A. Corrective and Remedial Actions
Corrective or remedial actions for a performance deficiency(e.g., failure to meet a provision of
this Notice or an applicable provision of 24 CFR Part 92)will be designed to prevent a
continuation of the deficiency; mitigate, to the extent possible, its adverse effects or
consequences; and prevent its recurrence. HUD may impose corrective or remedial actions
including but not limited to the following:
1. HUD may instruct the PJ to submit and comply with proposals for action to correct, mitigate
and prevent a performance deficiency, including:
a. Preparing and following a schedule of actions for carrying out the affected activities,
consisting of schedules,timetables, and milestones necessary to implement the affected
activities;
b. Establishing and following a management plan that assigns responsibilities for carrying
out the remedial actions;
c. Canceling or revising activities likely to be affected by the performance deficiency,
before expending HOME-ARP funds for the activities;
d. Reprogramming HOME-ARP funds that have not yet been expended from affected
activities to other eligible activities;
e. Reimbursing its HOME-ARP grant in any amount not used in accordance with the
requirements of this Notice;
f. Suspending disbursement of HOME-ARP funds for affected activities; and
g. Establishing procedures to ensure compliance with HOME-ARP requirements.
96
2. HUD may also:
a. Change the method of payment from an advance to a reimbursement basis and may
require supporting documentation to be submitted for HUD review for each payment
request before payment is made;
b. Determine the PJ to be high risk and impose special conditions or restrictions on the use
of HOME-ARP funds in accordance with 2 CFR 200.208; and
c. Take other remedies that may be legally available, including remedies under 2 CFR
200.339 and 200.340.
B. Sanctions
The requirements at 24 CFR 92.552 apply to HOME-ARP funds, except that the provision at 24
CFR 92.552(a)(2)(iv) related to failure to comply with matching contribution requirements shall
not apply.
X. FINDING OF NO SIGNIFICANT IMPACT
A Finding of No Significant Impact(FONSI) with respect to the environment has been made in
accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for
inspection at HUD's Funding Opportunities web page at:
https://www.hud.gov/program offices/spm/gmomgmt/grantsinfo/fundingopps.
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P. R. #23188
05/23/2023 M. Essex
Page 4 of 3
ATTACHMENT "B"
LEGACY CDC
HOME - ARP TBRA PROGRAM -
PORT ARTHUR
POLICIES & PROCEDURES
A/S6,..
IlD LEGACY
COMMUNITY
DEVELOPM ENT
CORP
MARCH 2023
el
EQUAL HOUSING
OPPORTUNITY
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A. OVERVIEW OF LEGACY CDC HOME-ARP TBRA
PROGRAM AND POLICIES AND PROCEDURES
The purpose of the Policies and Procedures is to establish the Tender Loving Care Center
for Children dba Legacy Community Development Corporation (LEGACY CDC) guidelines
for conducting HOME-ARP Tenant Based Rental Assistance (TBRA) Program in a manner
consistent with federal requirements.
LEGACY CDC is responsible for complying with all changes in U.S. Department of Housing
and Urban Development (HUD) regulations pertaining to LEGACY CDC's TBRA program. If
such changes conflict with this plan, HUD regulations will have precedence, and LEGACY
CDC will revise this plan accordingly. On an ongoing basis, LEGACY CDC may make minor,
non-substantive modifications to the Policies and Procedures to clarify existing guidelines
and/or to correct editing errors.
LEGACY CDC'S SERVICE AREA INCLUDES THE FOLLOWING CITY
LIMITS OF PORT ARTHUR ONLY
B. FAIR HOUSING AND EQUAL OPPORTUNITY
a. Nondiscrimination
It is LEGACY CDC's policy to fully comply with federal, state, and local non-discrimination
laws and with the rules and regulations which govern Fair Housing and Equal Opportunity
in housing and employment.
LEGACY CDC will not deny any household or individual the equal opportunity to apply for
or receive assistance under LEGACY CDC HOME-ARP TBRA program on the basis of race,
color, sex, religion, creed, national or ethnic origin, age, familial or marital status, handicap
or disability, sexual orientation, gender identity, prior arrest or conviction, or status as a
victim of domestic violence.
b. Reasonable Accommodations for Persons with Disabilities
LEGACY CDC's policies and practices will make reasonable accommodations for persons
with disabilities to ensure that they may fully access and use LEGACY CDC's TBRA benefits.
Applicants and participants may telephone LEGACY CDC to request accommodation at any
time. This policy is intended to afford persons with disabilities equal opportunity to obtain
the same results and gain the same benefits as those who do not have disabilities and is
applicable to all situations described in this plan.
Reasonable accommodation will be made only after applicants or participants with a
disability request a change to LEGACY CDC's applicable policies or practices.
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A household contacting LEGACY CDC to request accommodation will be provided with
instructions as to the type of documentation to submit in support of the request. LEGACY
CDC will review all requests, reach out to the individual's health provider for clarification
or additional information if needed, and decide to approve or deny based on the information
provided. For LEGACY CDC to approve reasonable accommodation, there must be an
identifiable relationship between the requested accommodation and the individual's
disability. LEGACY CDC may deny the request if it will cause undue financial or
administrative burden or will change the fundamental nature of the program. Applicants
and participants will be notified by mail or phone.
LEGACY CDC will provide reasonable search time and extensions to households with
disabled persons so that they may located housing to meet their needs Reasonable search
time will be determined by LEGACY CDC but shall not be unlimited.
Household disability must be verified with a Verification of Disability Form (available at
LEGACY CDC or HUD webpage.)
C. QUALIFYING POPULATIONS
American Rescue Plan (ARP) requires that funds be used to primarily benefit individuals
and families in the following specified "qualifying populations." Any individual or family
who meets the criteria for these populations is eligible to receive assistance or services
funded through HOME-ARP without meeting additional criteria (e.g., additional income
criteria). All income calculations to meet income criteria of a qualifying population or
required for income determinations in HOME-ARP eligible activities must use the annual
income definition in 24 CFR 5.6og in accordance with the requirements of 24 CFR
92.2o3(a)(1).
a. Homeless
Homeless, as defined in 24 CFR 91.5 Homeless (1), (2), or (3):
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence,
meaning:
(i) An individual or family with a primary nighttime residence that is a public or
private place not designed for or ordinarily used as a regular sleeping accommodation for
human beings, including a car, park, abandoned building, bus or train station, airport, or
camping ground;
(ii) An individual or family living in a supervised publicly or privately operated
shelter designated to provide temporary living arrangements (including congregate
shelters, transitional housing, and hotels and motels paid for by charitable organizations
or by federal, state, or local government programs for low-income individuals); or 4
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(iii) An individual who is exiting an institution where he or she resided for 90 days
or less and who resided in an emergency shelter or place not meant for human habitation
immediately before entering that institution;
(2) An individual or family who will imminently lose their primary nighttime residence,
provided that:
(i) The primary nighttime residence will be lost within 14 days of the date of
application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g., family,
friends, faith-based or other social networks needed to obtain other permanent housing;
(3) Unaccompanied youth under 25 years of age, or families with children and youth, who
do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth
Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of
the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), section 33o(h) of the Public
Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
(ii) Have not had a lease, ownership interest, or occupancy agreement in permanent
housing at any time during the 6o days immediately preceding the date of application for
homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more
during the 6o-day period immediately preceding the date of applying for homeless
assistance; and
(iv) Can be expected to continue in such status for an extended period of time
because of chronic disabilities, chronic physical health or mental health conditions,
substance addiction, histories of domestic violence or childhood abuse (including neglect),
the presence of a child or youth with a disability, or two or more barriers to employment,
which include the lack of a high school degree or General Education Development (GED),
illiteracy, low English proficiency, a history of incarceration or detention for criminal
activity, and a history of unstable employment;
b. At-Risk of Homelessness
At risk of Homelessness, as defined in 24 CFR 91.5 At risk of homelessness:
(1) An individual or family who: 5
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(i) Has an annual income below 3o percent of median family income for the area, as
determined by HUD;
(ii) Does not have sufficient resources or support networks, e.g., family, friends,
faith-based or other social networks, immediately available to prevent them from moving
to an emergency shelter or another place described in paragraph (1) of the "Homeless"
definition in this section; and
(iii) Meets one of the following conditions:
(A) Has moved because of economic reasons two or more times during the 6o
days immediately preceding the application for homelessness prevention assistance;
(B) Is living in the home of another because of economic hardship;
(C) Has been notified in writing that their right to occupy their current
housing or living situation will be terminated within 21 days after the date of
application for assistance;
(D) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid
by charitable organizations or by federal, State, or local government programs for
low-income individuals;
(E) Lives in a single-room occupancy or efficiency apartment unit in which
there reside more than two persons or lives in a larger housing unit in which there
reside more than 1.5 people per room, as defined by the U.S. Census Bureau;
(F) Is exiting a publicly funded institution, or system of care (such as a health-
care facility, a mental health facility, foster care or other youth facility, or correction
program or institution); or
(G) Otherwise lives in housing that has characteristics associated with
instability and an increased risk of homelessness, as identified in the recipient's
approved consolidated plan;
(2) A child or youth who does not qualify as "homeless" under this section, but qualifies as
"homeless" under section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C.
5732a(3)), section 637(11) of the Head Start Act (42 U.S.C. 9832(11)), section 41403(6) of
the Violence Against Women Act of 1994 (42 U.S.C. i4o43e-2(6)), section 33o(h)(5)(A) of
the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), section 3(1) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(1)), or section 17(b)(15) of the Child Nutrition Act of
1966 (42 U.S.C. 1786(b)(15)); or
(3) A child or youth who does not qualify as "homeless" under this section but qualifies as
"homeless"under section 725(2) of the McKinney-Vento Homeless Assistance Act(42 U.S.C.
11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her or him.
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c. Fleeing or Attempting to Flee, Domestic Violence, Dating Violence,
Sexual Assault, Stalking, or Human Trafficking
Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault,
Stalking, or Human Trafficking, as defined by HUD.
For HOME-ARP, this population includes any individual or family who is fleeing, or is
attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human
trafficking. This population includes cases where an individual or family reasonably
believes that there is a threat of imminent harm from further violence due to dangerous or
life-threatening conditions that relate to violence against the individual or a family
member, including a child, that has either taken place within the individual's or family's
primary nighttime residence or has made the individual or family afraid to return or remain
within the same dwelling unit. In the case of sexual assault, this also includes cases where
an individual reasonably believes there is a threat of imminent harm from further violence
if the individual remains within the same dwelling unit that the individual is currently
occupying, or the sexual assault occurred on the premises during the go-day period
preceding the date of the request for transfer.
Domestic violence, which is defined in 24 CFR 5.2003 includes felony or misdemeanor
crimes of violence committed by:
1) A current or former spouse or intimate partner of the victim (the term "spouse or
intimate partner of the victim" includes a person who is or has been in a social relationship
of a romantic or intimate nature with the victim, as determined by the length of the
relationship, the type of the relationship, and the frequency of interaction between the
persons involved in the relationship);
2) A person with whom the victim shares a child in common;
3) A person who is cohabitating with or has cohabitated with the victim as a spouse
or intimate partner;
4) A person similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving HOME-ARP funds; or
5) Any other person against an adult or youth victim who is protected from that
person's acts under the domestic or family violence laws of the jurisdiction.
Dating violence which is defined in 24 CFR 5.2003 means violence committed by a person:
i) Who is or has been in a social relationship of a romantic or intimate nature with
the victim; and
2) Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
a. The length of the relationship;
b. The type of relationship; and
c. The frequency of interaction between the persons involved in the relationship.
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Sexual assault which is defined in 24 CFR 5.2o03 means any nonconsensual sexual act
proscribed by Federal, Tribal, or State law, including when the victim lacks capacity to
consent.
Stalking which is defined in 24 CFR 5.2003 means engaging in a course of conduct directed
at a specific person that would cause a reasonable person to:
i) Fear for the person's individual safety or the safety of others; or
2) Suffer substantial emotional distress.
Human Trafficking includes both sex and labor trafficking, as outlined in the Trafficking
Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7102). These are defined as:
i) Sex trafficking means the recruitment, harboring, transportation, provision,
obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in
which the commercial sex act is induced by force, fraud, or coercion, or in which the person
induced to perform such act has not attained i8 years of age; or
2) Labor trafficking means the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of force, fraud, or coercion for
the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
d. Other Populations
Other Populations where providing supportive services or assistance under section 212(a)
of NAHA (42 U.S.C. 12742(a)) would prevent the family's homelessness or would serve
those with the greatest risk of housing instability. HUD defines these populations as
individuals and households who do not qualify under any of the populations above but meet
one of the following criteria:
(1) Other Families Requiring Services or Housing Assistance to Prevent
Homelessness is defined as households (i.e., individuals and families) who have previously
been qualified as "homeless" as defined in 24 CFR 91.5, are currently housed due to
temporary or emergency assistance, including financial assistance, services, temporary
rental assistance or some type of other assistance to allow the household to be housed, and
who need additional housing assistance or supportive services to avoid a return to
homelessness.
(2) At Greatest Risk of Housing Instability is defined as household who meets
either paragraph (i) or (ii) below:
(i) has annual income that is less than or equal to 3o0/0 of the area median
income, as determined by HUD and is experiencing severe cost burden (i.e.,is paying
more than 5o0/0 of monthly household income toward housing costs);
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(ii) has annual income that is less than or equal to 50% of the area median
income, as determined by HUD, AND meets one of the following conditions from
paragraph (iii) of the"At risk of homelessness" definition established at 24 CFR 91.5:
(A)Has moved because of economic reasons two or more times during the 6o
days immediately preceding the application for homelessness prevention assistance;
(B) Is living in the home of another because of economic hardship;
(C)Has been notified in writing that their right to occupy their current
housing or living situation will be terminated within 21 days after the date of
application for assistance;
(D) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid
by charitable organizations or by Federal, State, or local government programs for
low-income individuals;
(E) Lives in a single-room occupancy or efficiency apartment unit in which
there reside more than two persons or lives in a larger housing unit in which there
reside more than 1.5 persons reside per room, as defined by the U.S. Census Bureau;
(F) Is exiting a publicly funded institution, or system of care (such as a health-
care facility, a mental health facility, foster care or other youth facility, or correction
program or institution); or
(G)Otherwise lives in housing that has characteristics associated with instability and an
increased risk of homelessness, as identified in the recipient's approved consolidated plan
Veterans and Families that include a Veteran Family Member that meet the criteria for
one of the qualifying populations described above are eligible to receive HOME-ARP
assistance.
D. IMPROVING ACCESS TO SERVICES FOR INDIVIDUALS
WITH LIMITED ENGLISH PROFICIENCY (LEP)
• LEGACY CDC provides language access services to limited-English proficient
individuals.
• Currently, LEGACY CDC translates notices and forms into Spanish, identified as the
most common foreign language of LEGACY CDC's clients. Additionally, LEGACY CDC
employs bilingual staff members who can assist clients as needed.
• Should applicants or participants need other language services, LEGACY CDC will
work to secure those services on an as needed basis which does not affect an applicant's
position on the waitlist or qualification for services.
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E. VIOLENCE AGAINST WOMEN ACT (VAWA)
a. Protections for Victims of Domestic Violence, Dating Violence,
Sexual Assault, or Stalking
The Violence Against Women Reauthorization Act of 2013 (VAWA) provides: "An applicant
for or tenant of housing assisted under a covered housing program may not be denied
admission to, denied assistance under, terminated from participation in, or evicted from
the housing on the basis that the applicant or tenant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise
qualifies for admission, assistance, participation, or occupancy." An incident or actual or
threatened domestic violence, dating violence, sexual assault, or stalking shall not be
construed as a serious or repeated violation of a lease by, or good cause for terminating
assistance to, the victim or threatened victim.
HUD's final rule is to implement expanded VAWA protections including requirements to
develop an emergency transfer plan and provide notice of VAWA rights to applicants and
participants.
Tenancy or occupancy rights may not be denied solely on the basis of criminal activity
directly relating to domestic violence, dating violence, sexual assault, or stalking if the
criminal activity is engaged in by a member of the tenant's household or any guest or other
person under the tenant's control and the tenant or an affiliated individual of the tenant is
the victim or threatened victim of such domestic violence, dating violence, sexual assault,
or stalking. An affiliated individual is a spouse, parent, sibling, or child of that individual
or an individual to whom that individual stands in loco parentis, or any individual, tenant
or lawful occupant living in the household of that individual.
VAWA does not limit otherwise available authority to evict or terminate assistance to a
tenant for any violation of a lease not premised on the act of violence in question against
the tenant or an affiliated person, so long as the victim is not subject to a more demanding
standard than other tenants. Nor does VAWA limit the authority to terminate assistance to
or evict a tenant if it is demonstrated that an actual and imminent threat to other tenants
or individuals employed at or providing services to the property would be present if the
assistance is not terminated or the tenant is not evicted, and no other actions could be taken
to reduce or eliminate the threat.
VAWA also does not supersede any provision of Federal, State, or local law that provides
greater protections for victims of domestic violence, dating violence, sexual assault, or
stalking.
b. Definitions of Domestic Violence, Dating Violence, Sexual Assault,
or Stalking
• DOMESTIC VIOLENCE: Includes felony or misdemeanor crimes of violence committed by
a current or former spouse or intimate partner of the victim, by a person with whom
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the victim shares a child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate partner, by a person similarly
situated to a spouse of the victim under the domestic or family violence laws of the
jurisdiction receiving grant monies, or by any other person against an adult or youth
victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.
• SPOUSE OR INTIMATE PARTNER OF THE VICTIM:includes a person who is or has been in a social
relationship of a romantic or intimate nature with the victim, as determined by the
length of the relationship, the type of the relationship, and the frequency of
interaction between the persons involved in the relationship.
• SEXUAL ASSAULT: means any nonconsensual sexual act proscribed by Federal, tribal, or
State law, including when the victim lacks capacity to consent.
• STALKING: Engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:
o fear for the person's individual safety or the safety of others; or
o suffer substantial emotional distress
• DATING VIOLENCE: Violence committed by a person:
o Who is or has been in a social relationship of a romantic or intimate nature
with the victim; and
o Where the existence of such a relationship shall be determined based on a
consideration of the following factors:
■ The length of the relationship;
■ The type of the relationship; and
■ The frequency of interaction between the persons involved in the
relationship.
C. Victim Documentation
When a participant household is facing termination of assistance or an applicant household
is facing denial of assistance because of the actions of a participant, household member,
guest, or other person under the participant's control and a participant or individual
affiliated with the participant claims that she or he is the victim of such actions and that
the actions are related to domestic violence, dating violence, sexual assault, or stalking,
LEGACY CDC will require the individual to submit documentation affirming that claim.
LEGACY CDC will accept one of four methods for certification of a claim:
1. A completed Form HUD-5382; or
2. A record of a Federal, State, tribal, territorial, or local law enforcement agency,
court, or administrative agency; or
3. A document signed by the victim and by an employee, agent, or volunteer of a victim
service provider, an attorney, a medical professional, or a mental health professional
("professional"), from whom the victim has sought assistance relating to domestic
violence, dating violence, sexual assault, or stalking, or the effects of abuse. The
document must specify that the professional believes the incident or incidents of
domestic violence, dating violence, sexual assault, or stalking occurred.
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4. At the discretion of LEGACY CDC, a statement or other evidence provided by the
victim.
If the documentation submitted contains conflicting information (including certification
forms from two or more members of a household each claiming to be a victim and naming
the other(s) as a perpetrator). LEGACY CDC may require submission of third-party
documentation (as described in the last three bullets above) within 3o days of the date that
LEGACY CDC requested third-party documentation.
The required certification and supporting documentation must be submitted to LEGACY
CDC within 14 business days after LEGACY CDC issues its written request. The 14-day
deadline may be extended at LEGACY CDC's discretion. If the individual does not provide
the required certification and supporting documentation within 14 calendar days, or the
approved extension period (including 3o-day period allowed to submit required third-party
documentation.) LEGACY CDC does not have to provide VAWA protections and may proceed
with the planned denial or termination of assistance.
d. Terminating or Denying Assistance to a Domestic Violence
Offender or Removing the Offender from the Household
VAWA does not provide protections for offenders. LEGACY CDC may terminate LEGACY CDC
HOME-ARP TBRA to the abuser or perpetrator or remove him or her from the LEGACY CDC
household. In terminating an abuser or perpetrator from the household, LEGACY CDC will
follow the guidelines in the Policies and Procedures and will not take away the right so
eligible tenants or otherwise punish the remaining tenants. In addition, a landlord may
bifurcate a lease in order to evict or remove a tenant or lawful occupant of the housing who
engages in criminal activity directly relating to domestic violence, dating violence, sexual
assault, or stalking against an affiliated individual or other individual, without evicting or
removing, or otherwise penalizing a victim of such criminal activity who is also a tenant or
lawful occupant of the housing.
e. Emergency Move
LEGACY CDC may grant a request for prior approval to move within the service area
(defined above), even if there is a violation of the lease. Individuals qualifying as victims of
domestic violence in accordance with applicable federal code are eligible for assistance
under the Emergency Transfer Plan if their written emergency transfer request includes
either:
• A statement expressing that the tenant reasonably believes that there is a threat of
imminent harm from further violence if he or she were to remain in the assisted unit;
OR
• A statement that the tenant was a sexual assault victim and that the assault occurred
on the premises during the go-day calendar period preceding the tenant's request for
an emergency transfer.
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f. Confidentiality Requirements
All information provided to the LEGACY CDC regarding domestic violence, dating violence,
sexual assault, or stalking, including the fact that an individual is a victim of such violence,
assault, or stalking, must be retained in confidence and may neither be entered into any
shared database nor provided to any related entity, except to the extent that the disclosure
is:
• Requested or consented to in writing by the individual in a time-limited release,
• Required for use in a proceeding or hearing regarding denial or termination of
LEGACY CDC HOME-ARP TBRA, or
• Is otherwise required by applicable law.
• Disclosure of information contained in LEGACY CDC records is also subject to
confidentiality requirements under Federal and State social services laws and
regulations.
F. APPLICATION PROCESS, METHOD OF PRIORITIZATION
SELECTION, WAITLIST
a. Application Format
LEGACY CDC uses the Neighborly Portal Application and supplemental forms that solicits
information regarding eligibility criteria, including:
• Proof of all income and assets
• Proof of citizenship or qualifying immigration status for every household member
• Documentation of allowable expenses; and
• Any other information that LEGACY CDC deems necessary to determine program
eligibility in conformance with applicable statutes, regulations, and HUD notices.
An applicant household must complete the LEGACY CDC HOME-ARP TBRA on-line
application and submit it to LEGACY CDC. If an applicant household misrepresents the
information on which eligibility or household share of the rent is established, LEGACY CDC
may deny or terminate LEGACY CDC HOME-ARP TBRA housing assistance.
b. Application Period
• At LEGACY CDC's discretion, when funding is available, LEGACY CDC will set an
application period of at least 3o days during which households may submit applications
on the form established by LEGACY CDC.
• LEGACY CDC will disseminate notice of the application period, including on LEGACY
CDC's website.
• LEGACY CDC may also work with other agencies to solicit applications from clients
in known need of rental assistance.
• Household can make an appointment by calling an Intake Specialist at (409) 832-
2723 Ext. 29 to assist with applying online.
• A household may submit no more than one application per period.
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c. Method of Prioritization Selection
Only households in the qualifying populations are eligible to receive HOME-ARP TBRA
assistance.
After the application period closes, LEGACY CDC will create a household waitlist. LEGACY
CDC will review all applications based on prioritization in the chronological order of their
submission (prioritized first come, first serve). All applicants will receive written
notification of their placement on the waitlist and next steps within 3o days of the close of
the application period.
Applicants who have submitted incorrect or incomplete information will have an
opportunity to correct or supplement their application within io days of notice by LEGACY
CDC identifying any missing information or documentation that must be submitted. If the
application remains incomplete after io days, the household will be deemed ineligible and
the application denied, unless an extension of the io-day waiting period is granted by
LEGACY CDC for good cause.
If a household is determined to be ineligible, LEGACY CDC will send a written denial notice
to the household at the last address known to LEGACY CDC.
If found ineligible, applicant households have the right to have the decision reviewed by
administrative review. The right to administrative review is set forth in the denial notice.
d. Placement on the Waitlist
LEGACY CDC coupons will be issued in order of prioritized submission to applicant
households that meet the eligibility criteria, until coupons are no longer available. LEGACY
CDC will maintain the waitlist of applicant households eligible for HOME-ARP TBRA funds
when the number of households exceeds the number of coupons available.
Applicant households will be placed onto the waitlist in order of their application
submission date and will be selected from the waitlist in that prioritized order to receive
HOME-ARP TBRA coupons that become available, for so long as funding remains available.
Once placed on the waitlist, a household will retain its placement unless it is selected or
removed.
LEGACY CDC will organize the waitlist to indicate the following:
• Applicant Name
• Family/Unit Size
• Date and time of application receipt
• Application Number
• Qualification for any prioritization for which the family may be eligible.
LEGACY CDC will not deny admission to its HOME-ARP TBRA program for any household
that qualifies. Qualified households will be placed on the waitlist if funding is unavailable
or tied to other program participants.
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e. Removal of Applicants from the Waitlist
• Applicant households who are found ineligible for LEGACY CDC HOME-ARP TBRA
will be removed from the waitlist, including those who may have initially qualified for
LEGACY CDC HOME-ARP TBRA but whose circumstances subsequently changed.
• Applicants who do not respond to periodic written requests from LEGACY CDC for
updated household information will be removed from the waitlist.
• Households will also be removed from the waitlist if letters from LEGACY CDC are
returned as undeliverable.
• Applicants on the waitlist are responsible for maintaining current information with
LEGACY CDC including income and household composition.
• LEGACY CDC will give an applicant household written notice of its final decision to
deny LEGACY CDC HOME-ARP TBRA participation. The notice will include the reason
for denial and advise the household of the right to request a review of the decision.
f. Selection of Applicants from the Waitlist
As funding and coupons become available, LEGACY CDC reviews applications and submitted
documentation of households on the waitlist, seeks verification where necessary, and offers
eligible applicant households' participation in LEGACY CDC HOME-ARP TBRA. Eligible
applicant households will be selected for participation in LEGACY CDC HOME-ARP TBRA in
prioritized order of their application submission date, regardless of household size. When
there is insufficient funding available for the first applicant household on the waitlist,
LEGACY CDC will not consider any other applicant household on the waiting list until
funding becomes available for the first applicant household.
g. Applicant Household Separations
If an applicant household separates into two or more otherwise eligible household units
prior to execution of the lease and LEGACY CDC HOME-ARP TBRA Rental Assistance
Contract, LEGACY CDC will decide on a case-by-case basis which of the household units will
be considered the applicant household and remain eligible to receive LEGACY CDC HOME-
ARP TBRA rental assistance. If the second resulting household unit also qualifies for
LEGACY CDC HOME-ARP TBRA rental assistance, that household may apply to be placed on
the waitlist.
LEGACY CDC will consider factors including, but not limited to:
• Which household member applied as head of household
• Which household unit retains any children, disabled members, or members over 62
years of age
• Role of domestic violence in the separation
• Role of criminal activity in the separation
• Recommendations of social service agencies, including state and local children's
service agencies, or qualified professionals
Documentation of these factors is the responsibility of the applicant households. If either
or both households do not provide the documentation, they may be removed from the
waitlist and denied a coupon for failure to supply information requested by LEGACY CDC
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G. LEGACY CDC HOME-ARP TBRA ELIGIBILITY
a. Eligibility
To be eligible for LEGACY CDC HOME-ARP TBRA, a household must meet the following
eligibility requirements:
• The household's adjusted income must not exceed 5o0/0 of area median income as set
forth by HUD; and
• At least one member of the applicant household must be either a citizen or noncitizen
with a qualifying immigration status under Section 1436a of Title 42 of the United States
Code
b. Participant Household Separations
If a household receiving LEGACY CDC HOME-ARP TBRA rental assistance separates,
LEGACY CDC will decide on a case-by-case basis which of the resulting household units will
continue to receive LEGACY CDC HOME-ARP TBRA rental assistance. If the second resulting
household unit qualifies for LEGACY CDC HOME-ARP TBRA rental assistance, that
household may apply to be placed on the waitlist for LEGACY CDC HOME-ARP TBRA rental
assistance.
LEGACY CDC will consider factors including, but not limited to:
• Which household member applied as head of household;
• Which household unit retains any children, disabled members, or members over the
age of 62;
• Role of domestic violence in the separation;
• Role of criminal activity or incarceration in the separation; and
• Recommendations of social service agencies, including state and local children's
service agencies, or qualified professionals.
C. Live-In Aides and Attendants
■ For the purpose of determining unit size, one live-in aide to reside in the assisted
unit to care for a household member who is elderly or disabled will be counted as a
household member.
■ LEGACY CDC will approve live-in aides determined to be essential to the care and
well-being of a household member, if the aide is not responsible for the support of,
and would not be living in the unit except to provide care for, assisted household
member(s). Written verification of (including the hours of care) is required from a
reliable, knowledgeable professional such as a doctor, social worker, or caseworker.
■ Relatives are not automatically excluded from being live-in aides, but they must
meet all of the elements in the live-in aide description above.
■ Although counted when determining unit size, a live-in aide is not otherwise treated
as a household member. Income and immigration status of a live-in aide is not
considered in determining a household's LEGACY CDC HOME-ARP TBRA eligibility
or rental assistance amount. Live-in aides may not receive LEGACY CDC HOME-ARP
TBRA rental assistance for the assisted unit as a result of household separation or
death of a household member.
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■ LEGACY CDC will approve live-in aides as a reasonable accommodation to make
LEGACY CDC HOME-ARP TBRA accessible to and usable by household members with
disabilities. Approval of live-in aides as a reasonable accommodation will be in
accordance with 24 CFR Part 8.
d. Household Absence from the Assisted Unit
Household absence from the unit is defined as the entire household not residing in the
assisted unit. The absence of some household members is not considered a "Household
Absence from the Unit."
Household Absence
An entire household may not be absent from the assisted unit for a period of more than i8o
days in a 12-month period in any circumstance and for any reason. After go consecutive
days of absence, assistance will terminate unless the household establishes that:
• The absence from the assisted unit was due to exceptional circumstances beyond the
household's control, such as hospitalization;
■ The household intends to return to the assisted unit within i8o days of departure;
and
■ The household is not maintaining an alternate residence.
Individual Absence
Any individual who is absent from the assisted unit for more than go consecutive days will
not be counted as household member unless such individual is absent due to hospitalization,
military deployment, or other good cause as determined by LEGACY CDC on a case-by-case
basis, and is reasonably expected to return within i8o days. A household member who is
away at school but intends to live with the household in the assisted unit during school
recesses is considered a household member. A child who resides in the assisted unit with
his or her parent for at least 183 days of the year pursuant to a joint custody agreement or
order is counted as a household member, provided that such parent is also a household
member.A foster child who is placed and resides in the assisted unit for more than 183 days
of the year is counted as a household member.
e. Income
A household's income determines eligibility for LEGACY CDC HOME-ARP TBRA and is also
used to calculate the household contribution amount and the LEGACY CDC HOME-ARP TBRA
rental assistance amount. LEGACY CDC will use the policies and methods described in this
section to ensure that only eligible households receive LEGACY CDC HOME-ARP TBRA rental
assistance and that no household pays more or less than its obligation under state and
federal regulations.
INCOME LIMITS - A household's adjusted income at the time of initial eligibility
determination and upon acceptance as a LEGACY CDC HOME-ARP TBRA
participant cannot exceed 8o% of Area Median Income. A household must re-
verify income prior to acceptance as a LEGACY CDC HOME-ARP TBRA participant
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if more than six months have elapsed since LEGACY CDC determined the household
to be income eligible.
ANNUAL INCOME - All income which is received by, issued on behalf of, or
derived from assets accessible by any household member.
ADJUSTED INCOME means a household's annual income minus the following
deductions:
1. $48o for each dependent
2. $40o for any elderly or disabled household member
3. Sum of the following, if in excess of 30 of the household's annual income:
a. Unreimbursed medical expenses of any elderly or disabled household
member, and
b. Unreimbursed reasonable attendant care and auxiliary apparatus
expenses for disabled household members enabling any household
member to be employed (not exceeding earned income received by
household members i8 years or older who are able to work because of
such attendant care or auxiliary apparatus).
4. Households will be required to submit a written certification as to whether any
expenses have been or will be reimbursed
5. Reasonable childcare expenses necessary to enable household members to
work or pursue an education, not in excess of employment income included in
annual income.
INCOME FROM FULL-TIME STUDENTS - LEGACY CDC will not include in annual income
the earnings in excess of $48o for each full-time student i8 years and older. However,
financial aid amounts exceeding tuition must be included in annual income with the
exception of financial aid paid to a student over 23 with dependent children, or to full-time
students residing with his or her parents.
INCOME OF TEMPORARILY ABSENT FAMILY MEMBERS- Income of household members
who are temporarily absent is counted, except for full-time students who have documented
their absence from the household. This includes the income (pay and allowances) of
household members serving in the military, except hazardous duty pay when exposed to
hostile fire is excluded.
AVERAGING INCOME- LEGACY CDC will use available information to average anticipated
income from all known sources when the sources are expected to change during the year.
Rounding of Income and Deductions- Generally LEGACY CDC will round to the nearest
whole dollar at the final calculation for each income/deduction source. LEGACY CDC will
follow all directions from income sources such as Social Security, which provides directions
on how to round income.
EARNED INCOME DISALLOWANCE- LEGACY CDC will disallow the increase in annual
income provided by the regulations covering the self-sufficiency incentive for disabled
household members. The disallowance of increases in income as a result of employment of
persons with disabilities will not apply for the purposes of admission to the program.
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f. Citizenship/Eligible Immigration Status
■ In order to receive assistance, at least one household member must be a U.S. citizen
or a noncitizen with a qualifying immigration status. Eligible immigrants are
persons who are in one of the immigrant categories as specified by HUD in 24 CFR
Part 5.
■ For the citizenship/eligible immigration requirement, the status of each member of
the household is considered individually. Households that include eligible and
ineligible individuals are considered individually.
■ Households that include eligible and ineligible individuals based on immigration
status will be given notice that their assistance will be pro-rated by multiplying the
LEGACY CDC HOME-ARP TBRA rental assistance amount by a fraction, the
denominator of which is the total number of household members and the numerator
of which is the total number of household members who are ineligible for LEGACY
CDC HOME-ARP TBRA based upon immigration status, and that they may request a
review conference or administrative hearing if they contest this determination.
■ Household members who are neither citizens nor eligible immigrants may contest
LEGACY CDC's determination of their citizenship status through INS and/or LEGACY
CDC's administrative appeals process.
■ Assistance for noncitizen students or their noncitizen spouses and children is
prohibited.
g. Social Security Numbers
■ Applicants and participants must disclose and verify social security numbers for all
household members.
■ Failure to furnish verification of social security numbers is grounds for denial or
termination of assistance.
■ Failure to correct a social security number submitted to LEGACY CDC that cannot be
verified in the federal registry is grounds for denial or termination of LEGACY CDC
HOME-ARP TBRA.
■ Persons who have not been issued a social security number, including ineligible
immigrants, must sign a certification that they have never been issued a number.
■ Persons who disclose their social security number but cannot provide verification
must sign a certification and provide verification within 6o days. Elderly or disabled
persons must provide verification within 120 days.
■ Applicants without social security cards may provide other acceptable forms of
documentation that identify the social security number, including Form W-2; IRS
Form iogg; Unemployment benefit letters; Court records.
h. Privacy Rights
■ LEGACY CDC's policy regarding the release of information is in accordance with state
and local laws.
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■ LEGACY CDC's practices and procedures are designed to safeguard the privacy of
LEGACY CDC HOME-ARP TBRA applicants and participants. All applicant and
participant paper files will be stored in a secure location, which is only accessible by
authorized staff. Access to information stored electronically will be limited to
employees with proper authorization.
■ LEGACY CDC staff will not discuss household information contained in files unless
there is a business reason to do so. Inappropriate discussion of household
information or improper disclosure of household information by staff will result in
disciplinary action.
H. VERIFICATION
a. Verification Factors and Required Documentation
■ It is the obligation of LEGACY CDC to obtain complete information regarding
applicants and thoroughly document the methods by which it has verified all
pertinent information in the applicant's file.
■ LEGACY CDC requires verification of all factors affecting LEGACY CDC HOME-ARP
TBRA eligibility, such as household composition, household income and assets,
citizenship/eligible immigration status, receipt of federal benefits, and other items
related to program eligibility before an applicant household is issued a LEGACY CDC
HOME-ARP TBRA coupon.
■ All program participants must also comply with the verification process during
annual recertification.
■ For applicants, verification of U.S. citizenship/eligible immigration status occurs at
the same time as verification of other factors of eligibility. Upon request, LEGACY
CDC may grant an extension of 3o days for households to submit evidence of eligible
immigration status prior to denying an application.
■ For purposes of application reviews and coupon issuance: Income documents are
only valid for 120 days from the time they are received by LEGACY CDC. Therefore,
if more than 120 days have passed since the date of submission to LEGACY CDC,
LEGACY CDC will not issue a coupon until income information is re-verified.
■ For coupon holders and coupon term extensions: LEGACY CDC HOME-ARP TBRA
coupon holders may be required to re-verify income at LEGACY CDC's request.
Income must be re-verified before providing LEGACY CDC HOME-ARP TBRA if more
than six months have elapsed since LEGACY CDC determined that an applicant
household was income-eligible.
■ For purposes of annual recertification: Income documents are only valid for 120 days
from the time they are received by LEGACY CDC. Therefore, if more than 120 days
have passed between date of submission to LEGACY CDC, LEGACY CDC will not
recertify a household until income information is re-verified.
b. Third-Party Verification
■ LEGACY CDC will first rely on its own data sources, as well as state and federal
sources to determine a participant household's continued eligibility for LEGACY CDC
HOME-ARP TBRA assistance.
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• LEGACY CDC may also request an applicant or program participant to submit
documentation of income issued by an appropriate third party. Such documentation
must be submitted by the applicant or program participant within io calendar days
of the request unless additional time is requested and granted for good cause.
1. Additionally, a third party (ex. Employer, Social Security Administration) may be
contacted directly to provide documentation of eligibility factors.
I. BRIEFINGS, HOUSEHOLD OBLIGATIONS, AND
SELF-SUFFICIENCY
a. Briefings and Household Obligations
i. Briefing
Upon selection of the household from the waiting list, LEGACY CDC will conduct a briefing
with the head of household. Individuals with a disability may have a proxy attend the
briefing session on their behalf if proper documentation is provided indicating the inability
to attend and naming the proxy. If warranted, LEGACY CDC may also conduct individual
briefings for households with a disabled head of household or spouse at their home upon
request by the household, and if LEGACY CDC staff determines it is required for reasonable
accommodation.
The briefing will cover the following general topics:
• How LEGACY CDC HOME-ARP TBRA works;
• Household responsibilities;
• Creating a Self-Sufficiency Plan
• How the household can lease a unit;
• Recertification;
• Moves;
• Grounds for termination; and
• Right of Review
• LEGACY CDC will take affirmative steps to make interpreters available when briefing
LEP individuals.
• All applicants attending a briefing will receive the LEGACY CDC HOME-ARP TBRA
Applicant Briefing Book explaining program requirements.
• Applicants who miss more than two briefing sessions will have their applications
rejected. LEGACY CDC will not issue a LEGACY CDC HOME-ARP TBRA coupon to a
household unless the household representative has attended the briefing and signed the
coupon.
ii. Household Obligations
The following are obligations of participants under the program. Violation of one or more
of these obligations is grounds for denial or termination of assistance under LEGACY CDC
HOME-ARP TBRA.
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THE HOUSEHOLD MUST:
■ Supply any information that LEGACY CDC, or HUD determines is necessary to the
administration of the program;
■ Supply any information regarding household income and composition requested by
LEGACY CDC for use in any annual or interim recertification;
■ Disclose and verify social security numbers of applicants and household members (if
applicable);
■ Timely pay the household share of the rent, and any utilities for which the household
is responsible, this includes but is not limited to maintaining status in any utility
assistance program which makes these payments possible;
■ Complete measurable goals on self-sufficiency plan before annual recertification
■ Know and comply with the conditions of the lease and LEGACY CDC HOME-ARP TBRA
program requirements;
■ Allow Housing Quality Standard (HQS) inspectors to access the unit at reasonable
times and after reasonable notice;
■ Timely correct any HQS breach caused by the household;
■ Notify LEGACY CDC and the owner before the household moves out of the unit, or
terminates the lease on notice to the owner;
■ Promptly notify LEGACY CDC in writing of an absence of the household from the
assisted unit, as well as the absence of any individual household member, expected to
last more than 90 days;
■ Add any guest residing in the assisted unit for more than 90 days during a year as a
member of the household and report to LEGACY CDC as a change in household
composition;
■ Inform LEGACY CDC if an individual who is ineligible for LEGACY CDC HOME-ARP
TBRA due to immigration status is residing in the assisted unit;
■ Promptly notify LEGACY CDC when an owner takes action to evict the household,
give LEGACY CDC a copy of any eviction notice;
■ Use the assisted unit as the household's sole residence;
■ Inform LEGACY CDC of any changes in household composition within 3o days of such
changes occurring;
■ Continue to include at least one member who is a U.S. citizen or qualified immigrant;
and
■ Comply with all LEGACY CDC HOME-ARP TBRA program requirements.
THE HOUSEHOLD MUST NOT:
■ Commit any serious or repeated violation of the lease;
■ Assign the lease, sublet the assisted unit, rent out a room in the unit, or transfer the
unit;
■ Own or have any interest in the unit;
■ Receive LEGACY CDC HOME-ARP TBRA rental assistance while residing in a unit
owned by a parent, child, grandparent, sister, or brother of any household member
without LEGACY CDC approval;
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■ Commit fraud, bribery, or any other corrupt or criminal act in connection with this
or any federal housing program;
■ Receive LEGACY CDC HOME-ARP TBRA while receiving another housing subsidy for
the same unit or for a different unit, under any duplicative (as determined by HUD)
federal, state, or local housing assistance program;
■ Engage in profit-making activities in the unit, unless such activities are legal,
approved by the owner, or permitted under the lease and incidental to primary use of
the unit for residence by members of the household;
■ Engage in drug-related criminal activity, violent criminal activity, other criminal
activity, or alcohol abuse that threatens the health, safety, or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of the
premises; or
■ Intentionally or negligently damage, or permit a guest to damage, the unit or
premises beyond normal wear and tear.
iii. Self-Sufficiency Plans
LEGACY CDC HOME-ARP TBRA program offers self-sufficiency plan to participants. The
program participant may complete and make progress toward a self-sufficiency plan.
The goal of the self-sufficiency plan is to help families work toward permanent housing
solutions and address any financial obstacles. Permanent housing is defined as permanent
subsidized housing or market rate depending upon individual circumstances.
Self-Sufficiency Plans may include:
• Completion of Money Management course upon Unit Approval
• Follow-up session with a HUD certified Housing Counseling to assist in creating
a self-sufficiency goal and action plan
• Attend three (3) additional counseling sessions, per approval term, to track
progress toward self-sufficiency goal
• Apply for and maintain placement on Section 8 Housing Choice Voucher Program
LEGACY CDC will document the following for the household's Self-Sufficiency Plan:
• Description of household need
• Identify services to assist household
• Describe how needs will be met
• Timeframe for completion
• Record attendance to required training
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J. ISSUANCE OF COUPONS, UNIT SIZE, AND RENT
STANDARD AMOUNTS
a. LEGACY CDC HOME-ARP TBRA Coupon Issuance
When funding is available, and after the household has been certified eligible and briefed
on program requirements, LEGACY CDC issues a LEGACY CDC HOME-ARP TBRA coupon to
the household. The coupon represents a contractual agreement between LEGACY CDC and
the household, specifying the rights and responsibilities of each party, and is the
household's authorization to search for an eligible unit. It also specifies the standard unit
size assigned to the household.A coupon does not constitute admission to the program, and
a coupon-holder is not considered a program participant until such time as a lease and RCC
become effective.
b. Coupon Term, Suspensions and Extensions
The initial coupon term will be 6o calendar days.
LEGACY CDC may grant an additional i5 calendar days extension to certain coupon holders
in documented special circumstances, including filing a housing discrimination complaint.
LEGACY CDC may also grant extensions to all coupon holders in appropriate circumstances,
based, for example, on market conditions. LEGACY CDC will also grant extensions as needed
as reasonable accommodation to make the program accessible to and usable by a person
with disabilities. A household may need to re-verify income before a coupon extension is
granted.
LEGACY CDC will suspend the coupon term (i.e. stop the clock) if the applicant has provided
a Request for Unit Approval (RUA) until the time that LEGACY CDC approves or denies the
request. The applicant's search time will be extended for a period of time equal to the
number of days elapsed between the submission of the RUA and denial of the request.
If the coupon term has expired before the household receives unit approval, the household
may submit a new application for LEGACY CDC HOME-ARP TBRA if LEGACY CDC reopens
the application period. LEGACY CDC is not required to notify a household that its coupon
has expired.
C. Unit Size and LEGACY CDC HOME-ARP TBRA Rent Standard
Amounts
At issuance, the LEGACY CDC HOME-ARP TBRA coupon will specify the household's unit
size on which the household's rent standard amount or initial maximum rent will be based.
The household may select any unit at or below the household's rent standard amount that
would not be overcrowded according to HUD HQS definition, which allots at least one
bedroom/living space for every two persons.
LEGACY CDC HOME-ARP TBRA rent standard amounts are based on unit size.
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LEGACY CDC will set the LEGACY CDC HOME-ARP TBRA rent standard amount for each unit
size at an amount that is between 95-11o% of the small area Fair Market Rent applicable in
its service area, as published annually by HUD. The LEGACY CDC HOME-ARP TBRA rent
standard amounts will remain the same until such time as the LEGACY CDC determines that
a different percentage of FMR is warranted. LEGACY CDC will publish LEGACY CDC HOME-
ARP TBRA rent standard amounts on LEGACY CDC's website and in the LEGACY CDC HOME-
ARP TBRA Applicant Briefing Book.
Determining Unit Size on Coupon
The unit size on the LEGACY CDC HOME-ARP TBRA coupon will be determined based upon
the total number of household members intending to reside in the assisted unit. Generally,
standard unit sizes provide for the smallest number of bedrooms needed to accommodate a
household without overcrowding. LEGACY CDC does not determine who will share a
bedroom/sleeping room. Households may choose an apartment smaller or larger than the
unit size on their coupon, as long as the assisted unit will not be overcrowded. The table
below sets forth standard unit sizes by household size.
Size of Household Unit Size
1 0-1
lto2 1
2to4 2
4to6 3
6to8 4
8toio 5
10 t0 12 6
For purposes of determining a household's unit size:
1. In the case of documented pregnancy of a household member, the unborn child will
be counted as a household member;
2. Any single live-in aide approved by LEGACY CDC to reside in the assisted unit to care
for a household member who is disabled or 62 years of age or older will be counted
as a household member;
3. A child who resides in the assisted unit with his or her parent for at least 183 days
of the year pursuant to a joint custody agreement or order will be counted as a
household member, provided that such parent is a household member;
4. A foster child who is placed and will reside in the assisted unit for more than 183
days of the year will be counted as a household member;
5. A household member who is away at school but intends to live with the household
in the assisted unit during school recesses will be counted as a household member;
6. An individual who will be absent from the assisted unit for more than go consecutive
days will not be counted as a household member unless such individual is absent due
to hospitalization, military deployment, or other good cause as determined by
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LEGACY CDC on a case-by-case basis, and is reasonably expected to return within
i8o days; and
7. If a household member is disabled, LEGACY CDC may increase the unit size it assigns
to the household as a reasonable accommodation for the disabled household
member.
K. HOUSING QUALITY STANDARDS
LEGACY CDC is required by federal legislation and HUD regulations to ensure that each
assisted unit occupied by a household participating in LEGACY CDC HOME-ARP TBRA is
"decent, safe and sanitary." To meet this requirement, LEGACY CDC will conduct a Housing
Quality Standard inspection prior to providing LEGACY CDC HOME-ARP TBRA assistance
and at least annually to ensure continued compliance with HQS throughout the term of
assisted tenancy. Inspected units will receive a designation of"pass" or "fail."
a. Physical Standards
In order to pass a HQS inspection, a unit must meet standards on the following components:
• Sanitary facilities;
• Food preparation and refuse disposal;
• Space and security;
• Thermal environment;
• Illumination and electricity;
• Structure and materials;
• Interior air quality;
• Water supply;
• Lead-based paint;
• Access;
• Site and neighborhood;
• Sanitary condition; and
• Smoke and Carbon Monoxide detectors
Bedrooms and Unit Layout
At a minimum, a dwelling unit must have a living room, a kitchen area, and a bathroom.
(Single Room Occupancy Units are exempt from this requirement). The unit must also have
at least one living/sleeping room for every two household members.
• A studio apartment is considered a living/sleeping room
• Each living/sleeping room must also have:
• Two working outlets; or one working outlet and one working light fixture; and
• A window if the room is used primarily for sleeping
• Unit Size is based on the number of legal bedrooms; sleeping quarters that are not
technically bedrooms do not count as bedrooms in determining unit size and rent
standard amount.
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Kitchen
A kitchen area must be used primarily for the preparation and storage of food. It must have
the following items:
• Oven and a stove with top burners. All burners must be working, and all knobs to
turn the burners on and off must be present (Single Room Occupancy Units excepted);
• A refrigerator of appropriate size, based on the number of household members. For
example, countertop or compact-type refrigerators are insufficient for a family of four.
The refrigerator must also maintain a temperature low enough to keep food from
spoiling, and the freezer space must be present and in working condition;
• Storage: the kitchen must have space for storage, preparation and serving of food;
and
• Kitchen Sink: a kitchen sink must provide running hot and cold water from the faucet
and have a properly working drain.
Bathroom
The bathroom must be contained within the unit and have the following characteristics:
• An enclosed and operating toilet facility;
• A shower or tub with running hot and cold water;
• A permanently-installed washbasin (bathroom sink);
• One permanent light fixture in working condition; and
• A window or alternative adequate ventilation.
Other Rooms Used for Living
Other rooms used for living are defined broadly, and include bedrooms, dining room,
entrance hall, and corridor. If any of these areas are used primarily for sleeping, they must
have a window, and two working outlets or one working outlet plus one working permanent
light fixture.
b. Specific Apartment Items
Windows
The windows should not show any signs of severe deterioration. The presence of any of the
conditions listed below requires a failure rating. Severe deterioration means:
• Missing or broken panes;
• Dangerously loose, cracked panes (which present a cutting hazard);
• Windows that will not close;
• Windows that, when closed, do not form a reasonably tight seal, and allow the
outside elements to enter; or
• Broken window balance
Doors
All exterior doors must be lockable, have no holes and have all trim intact.All interior doors
must have handles, contain no holes, and have all trim intact.
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Walls and Ceilings
Walls and ceilings may not show any signs of being structurally unsound or hazardous. The
presence of any condition below is an automatic HQS failure. Unsound or hazardous means:
• Severe bulging, buckling, or leaning; or
• Large cracks or holes allowing drafts or rodents to enter; or
• Loose sections of plaster in danger of falling; or
• Presence of severe mold
Floors
In order to pass inspection, floors must not show any signs of being structurally unsound
or hazardous. The presence of any condition below will result in an automatic HQS failure.
• Severe buckling or major movements under walking stress;
• Large sections of damaged or missing flooring (two square feet or more where floor
beams are visible); or
• Large cracks or holes allowing drafts or rodents to enter
Electrical
A unit must be free of electrical hazards and meet the following criteria:
• Kitchen - One working electric outlet and one permanently installed light fixture.
• Bathroom - One permanent light fixture. An outlet may be present, but is not
required. An outlet cannot be substituted for an overhead light fixture.
• Living Room and Bedroom - Two operating electrical dual outlets, or one operating
dual outlet and one permanent overhead or wall mounted light fixture.
Electrical hazards that cause an automatic HQS failure include the following:
• Exposed, uninsulated, frayed wires;
• Missing switch covers;
• Overloaded circuits;
• Improper wire connections to outlets;
• Light fixtures hanging from electric wire with no other firm support; and
• Illegal wiring from building source to the tenant's unit.
Heating
The heating must have a direct or indirect heat source as defined below:
• Direct - each room used for living must have a radiator, hot air register, or a facility
for baseboard heat.
• Indirect - If there is no heat source present in the room, heat must be able to enter
the room from an adjacent heated room.
Plumbing
• The kitchen and bathroom must have hot and cold running water;
• The unit should be free from major plumbing leaks; and
• The plumbing must be free from major corrosion that results in serious or persistent
levels of rust in the water.
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Access
• The unit must have its own entrance;
• Steps numbering six or more to any entrance in the building must also have a
handrail at least three feet high;
• Doors and windows that are accessible from the outside must have legal, working
locks; and
• Double cylinder locks are considered an automatic HQS failure and a hazardous
condition. Apartments or buildings with double cylinder locks are automatic failures.
Exits
• The unit must have an unblocked, acceptable, alternative means of egress in case of
fire (ex. Fire escapes, fire exit);
• Illegal window gates (gates that are located in the front of fire escape windows and
are locked with combination locks or key padlocks) are illegal and an automatic HQS
failure
• Legal window gates are located in front of fire escape windows and allow easy exit
in case of emergency. These types of gates do not have locks, but have a mechanical
level that can be lifted and the gate pulled back in case of an emergency. Gates with a
quick release system are permissible.
Sanitary
• The unit must be free of severe infestation of vermin or roaches; and
• Sanitary facilities must be in proper operating condition and adequate for personal
cleanliness and disposal of human and animal waste
Smoke Detectors
• A smoke detector is required in every unit, except where exempted by local law.
Building owners are responsible for installing the detectors in accordance with the law,
while tenants are responsible for maintaining them in working order. The detector is to
be located in the hall of the unit near the bedrooms and on every floor if the dwelling
has multiple floors. The detector may be battery or hard-wire operated;
• If the detector is present, but is inoperable (due to the need for a battery or if the
tenant has removed the smoke detector for cooking purposes), the failure will be
considered a tenant-based deficiency;
• If a hearing-impaired person is occupying the dwelling unit, the detectors must have
an alarm system designed for hearing-impaired persons as specified in the National Fire
Protection Association Standards.
Lead-Based Paint
Federal lead-based paint requirements applying to LEGACY CDC HOME-ARP TBRA are
codified at 24 CFR Part 35, subparts A, B, M, and R.
xiii. Emergency Conditions
LEGACY CDC may determine certain HQS defects to be emergencies. The owner must repair
these defects within 24 hours. The following list provides examples of the type of household
defects LEGACY CDC considers emergency HQS failures. Depending on their severity, other
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conditions may be cited as emergency HQS failures requiring 24-hour correction period
including:
• Gas leaks
• Smoking/Sparking electrical outlets or wiring; or
• Building in imminent danger of collapse
Tenant-Caused Defects
LEGACY CDC distinguishes between tenant-caused and owner-caused HQS defects on the
inspection report provided to both tenant and owner. Unless provided for in the lease
agreement, owners are not responsible for the correction of HQS defects that are tenant-
based. The following list provides examples of defects that LEGACY CDC will consider to be
caused by the tenant/participant. LEGACY CDC reserves the right to make a determination
of the cause of any deficiency following an inspection and discussion with both the owner
and the tenant.
Examples of tenant-caused failures include:
• No electricity when the tenant is responsible for payment of utilities;
• No gas to the unit when the tenant is responsible for this utility;
• A fire escape blocked or exit blocked by tenant;
• The heavy accumulation of refuse or debris in the unit;
• No battery in the smoke detector or the smoke detector is inoperable;
• Not providing HQS inspector with access to a specific room in the assisted unit
C. The Inspection Process
General Policies
There are six types of HQS inspections:
1. Initial inspection prior to entering into an RAC with an owner
2. Special inspection (occupancy checks, complaints, hazardous situations)
3. Re-inspections to confirm that deficiencies have been corrected
4. Verification Inspection
5. Quality control inspection
Inspections will be scheduled in accordance with 24 CFR Part 982 and this policies and
procedures.Additionally, inspections may be scheduled at the request of HUD, an applicant,
a participant, an owner/managing agent, or any other interested party.
LEGACY CDC HOME-ARP TBRA will provide reasonable notice to both tenant and owner of
the scheduled inspection date. For occupied units, the tenant is responsible for providing
access to the unit. Except in emergency situations, LEGACY CDC will provide reasonable
notice of any inspection and a reasonable opportunity for the owner and household to
reschedule an inspection. If two scheduled HQS inspections of occupied units are missed,
LEGACY CDC may terminate the household from LEGACY CDC HOME-ARP TBRA for failure
to uphold program obligations. For initial inspections of vacant units, owners are
responsible for providing access and failure to do so may result in a cancellation of the
Request for Unit Approval.
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HQS inspectors will document on the appropriate form all defects that may cause the unit
to fail to meet HQS standards, and will indicate whether those failures are deemed to be
caused by the owner or the tenant, or both. HUD requires that LEGACY CDC verify that HQS
failure items have been repaired. A re-inspection of a unit with HQS failures is not a
regulatory requirement, provided that LEGACY CDC can obtain verification through
alternative means. As defined herein, LEGACY CDC will require re-inspections for
emergency items, for tenant-caused failures, and other times at LEGACY CDC's discretion
and/or at the request of the owner or tenant; however LEGACY CDC will verify
nonemergency, owner-caused failures through certifications signed by both the owner and
tenant. LEGACY CDC reserves the right require re-inspection or to accept self-certification
of emergency own-caused failures.
If the unit fails its HQS inspection, notification of the failure and a list of the defects will be
provided to the tenant and the owner, and a copy will go into the tenant's file. A failure
letter from LEGACY CDC will provide the owner (or tenant, if the defect is tenant-caused)
with the date by which repairs must be made, and inform the owner or tenant to notify
LEGACY CDC (in writing or by phone) that the defects have been corrected. The failure
letter will also notify the owner that a RAC will be abated in accordance with LEGACY CDC
policies if repairs are not completed within 24 hours in the case of emergency failures, or
25 days in the case of routine, non-emergency failures.
Initial Inspections for New Program Units
LEGACY CDC will schedule inspections upon submission of a complete RUA. LEGACY CDC
will notify the owner and program applicant if the unit passes HQS inspection. An initial
inspection that passes HQS will be valid for one year. However, LEGACY CDC reserves the
right to conduct a second inspection if the period between the initial inspection and
execution of the RAC exceeds 6o days.
If the unit does not pass inspection, LEGACY CDC will notify the owner of the defects.
LEGACY CDC will notify the program applicant of the failure, giving the applicant the option
of searching for an alternate unit or waiting for the deficiency to be resolved, if the owner
indicates that the defect will be corrected within a reasonable time. It is the owner's
responsibility to notify LEGACY CDC that the failure has been corrected and ask LEGACY
CDC to conduct a re-inspection. LEGACY CDC will notify the owner and program applicant
if the unit passed the re-inspection.
Access to vacant units for the initial inspection is the responsibility of the owner. If an
owner misses two appointments, LEGACY CDC has the option of revoking the RUA and
issuing a new coupon to the program applicant.
Special Inspections
Tenants, owners, and interested third parties may report HQS complaints to LEGACY CDC.
LEGACY CDC will attempt to inform the owner of the reported failure conditions and then
attempt to confirm with the tenant if conditions have been corrected. LEGACY CDC will
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attempt to conduct an inspection if the reported failure conditions are not confirmed as
corrected by the tenant. If LEGACY CDC fails to gain access, the tenant will be notified to
contact LEGACY CDC and arrange an inspection should the failure conditions remain.
LEGACY CDC recommends that tenants immediately report hazardous situations to LEGACY
CDC. An HQS complaint inspection will be considered critical if the defect creates an
immediately hazardous situation. Inspections by LEGACY CDC may be used to verify the
existence or correction of an emergency hazard. If the defect endangers the household's
health or safety, the owner will be required to make the repair within 24 hours. In these
instances, LEGACY CDC will provide the owner and tenant of written notification of the
emergency and the 24-hour correction requirement. LEGACY CDC will also notify the tenant
and the owner of the possible suspension of LEGACY CDC HOME-ARP TBRA rental
assistance payments if the repairs are not made. Payment suspensions will be effective the
first of the month following the correction period.
In cases where life-threatening HQS failure exists, the household may be eligible for
emergency rehousing. LEGACY CDC may issue a new coupon for the household to find
alternative housing if the repairs on the current assisted unit have not been made within a
reasonable period of time.
LEGACY CDC has the right to terminate a RAC if another federal, state, or local authority or
agency inspects a unit and certifies that is unsafe for the household.
d. Abatement of Rent and Termination of RAC or LEGACY CDC HOME-
ARP TBRA Participation Based on HQS Failure
For owner-caused non-emergency failures in occupied units, owners will be given the
option of certifying in writing that defects have been corrected. A LEGACY CDC provided
certification must be signed by both the tenant and owner and submitted via mail, fax, or
email within 25 days of the failed inspection to avoid abatement on the first of the month
following the 25-day correction period or termination of the RAC and HRA HOME-ARP TBRA
payments will occur.
If the owner does not correct failures within 25 days, LEGACY CDC may abate LEGACY CDC
HOME-ARP TBRA rental assistance payments. The abatement will take effect the first of the
month following the 25-day correction period and will continue until all HQS deficiencies
have been corrected and verified via a self-certification or verification inspection by
LEGACY CDC.
If the owner has made repairs, but is unable to obtain the signature of the tenant on the
certification form, the owner may request a verification inspection. LEGACY CDC will make
reasonable attempts to re-inspect the unit before the 25th day; however, payment will not
be abated if the inspection cannot take place before the 25th day. The items are verified
corrected as of the date indicated by the owner. If the unit does not pass the scheduled
verification inspection,retroactive abatement will take place after LEGACY CDC notifies the
owner of the failed inspection.
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Non-certifiable items (ex. Emergency failures and tenant-caused failures) will continue to
be automatically re-inspected by LEGACY CDC within 24 hours, and tenant-caused failures
within 25 days. For an initial/vacant unit, it is the owner's responsibility to notify LEGACY
CDC that corrections have been made and to request a second inspection.
If a unit fails a second inspection for emergency failures, LEGACY CDC may abate LEGACY
CDC HOME-ARP TBRA rental assistance payments on the first of the month following the
initial 24-hour correction period. The owner must notify LEGACY CDC and provide
documentation of corrections in order for a third inspection to occur. If the unit then passes,
LEGACY CDC will make any retroactive payments to the date the repairs were documented,
so long as notification of repair occurs within 6o days of the repair.
If a vacant unit fails the verification re-inspection, LEGACY CDC will deny the RUA.
LEGACY CDC reserves the right to re-inspect for any self-certified failure items for
verification purposes. Additionally, LEGACY CDC will randomly re-inspect at least 25% of
all self-certified failure items for quality assurance purposes. If a random quality assurance
re-inspection reveals that self-certified item is not corrected, the unit will fail inspection.
Self-Certification is not acceptable for the following failures:
• Tenant-caused failures
• If a tenant dispute that the defect has been corrected
• Vacant Units
• Initial Inspections
LEGACY CDC reserves the right to accept self-certification for emergency failures.
Owner-Caused Failures
When an owner fails to correct an HQS failure within the specified period, LEGACY CDC
will either abate HRA HOME-ARP TBRA payments in their entirety until such time as the
owner remedies the HQS failure as determined by LEGACY CDC, or terminate the RAC and
cease LEGACY CDC HOME-ARP TBRA payments.
LEGACY CDC will provide the owner with written notice that LEGACY CDC HOME-ARP TBRA
rental assistance payments will be abated effective the first of the month following the
correction period or that LEGACY CDC is terminating the RAC and LEGACY CDC HOME-ARP
TBRA assistance payments. A copy of the notice will also be sent to the tenant. The notice
of abatement state that the tenant is not responsible for LEGACY CDC's portion of the abated
rent. The abatement will continue until all HQS deficiencies have been corrected and
verified via receipt of self-certification of HQS corrections or by re-inspection by LEGACY
CDC. It is the owner's responsibility to notify LEGACY CDC that deficiencies have been
corrected. If LEGACY CDC abates LEGACY CDC HOME-ARP TBRA payments or terminates
the RAC, LEGACY CDC will allow the household to move.
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Tenant-Caused Failures
When the tenant causes an HQS failure, LEGACY CDC will provide the tenant with a notice
of the defect and the required timeframe to correct the defect.
If the household causes a hazardous HQS failure requiring immediate correction, the
household must correct the defect within no more than 24 hours at the household's expense.
For other household-causes defects, the household must correct the defect within no more
than 25 calendar days. If LEGACY CDC does not receive notification that defects have been
corrected within the above timeframe, LEGACY CDC will terminate the tenant's
participation in LEGACY CDC HOME-ARP TBRA on the first of the month following the
correction period.
L. RENT REASONABLENESS DETERMINATIONS
a. General Policy
LEGACY CDC will not approve a lease until it has been determined that the rent is
reasonable and, for the household's first year in the unit, rent (including heat and hot
water) does not exceed the applicable rent standard amount. Furthermore,the contract rent
must be reasonable during the whole course of the assisted tenancy in the LEGACY CDC
HOME-ARP TBRA program. The term "reasonable" means that the owner's proposed rent is
within a range of rents that appropriately reflects the market conditions of a particular
service area/neighborhood, considering all of the relevant factors specified in 24 CFR
§982.5o7 and listed below. In all cases, the rent paid to the owner may not exceed the rent
charged by the owner for comparable unassisted units on the premises.
b. When and How Rent Reasonableness Determinations Are Made
Rent reasonableness determinations are made when LEGACY CDC reviews an initial or
renewal lease.
LEGACY CDC will determine that the proposed rent:
• Is reasonable in relation to rents for similar units in the private market; and
• Does not exceed rents charged by the owner for comparable, unassisted units
LEGACY CDC's reasonable rent determination will consider:
• Overall conditions of the unit;
• Utilities provided by the owner;
• Location of the unit;
• Rental market conditions;
• Number of bedrooms;
• Facilities; and
• Age of building/structure;
Each participant file will contain documentation that a rent reasonableness review has
been conducted for the assisted tenancy.
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c. Rent Reasonableness Methodology
For all units, LEGACY CDC will review rent reasonableness by:
• Reviewing the rental information provided by the owner in the LEGACY CDC HOME-
ARP TBRA Landlord Package and information in the RUA, and
• Comparing the requested rent amounts with rents for comparable, unassisted units
located on the premises, using a rent roll or leases provided by the owner.
• If the information above is unavailable or inconclusive, LEGACY CDC will obtain
information on comparable, unassisted units in the local market from online sources,
newspaper listings, and any other independently verifiable source of information.
Owners must provide to LEGACY CDC any information requested by LEGACY CDC on rents
charged by the owner for other units on the premises or elsewhere. If the owner does not
comply with LEGACY CDC requests for information, the RUA will be rejected and the owner
will be notified in writing with a copy to the household.
M. CALCULATING HOUSEHOLD CONTRIBUTION TO RENT
AND LEGACY CDC HOME-ARP TBRA RENT STANDARD
AMOUNT
a. Calculating Total Monthly Household Contribution to Rent
A household's total monthly contribution to rent is the sum of the following:
The highest of the following amounts, rounded to the nearest dollar:
• 3o% of the household's adjusted income, divided by 12;
• lo% of the household's annual income, divided by 12
• PLUS the amount, if any, by which the rent exceeds the applicable rent standard
amount, after the household's first year in the assisted unit;
• PLUS the amount, if any by which the LEGACY CDC HOME-ARP TBRA rental
assistance amount has been reduced because of a household member's ineligibility
based on immigration status.
b. Minimum Monthly Household Contribution to Rent
The minimum household contribution to rent under LEGACY CDC HOME-ARP TBRA is look
of gross monthly income
c. LEGACY CDC HOME-ARP TBRA Rent Standard Amount
The LEGACY CDC HOME-ARP TBRA rent standard amount is the maximum rent (including
utilities) that LEGACY CDC will approve for a household's first in an assisted unit. LEGACY
CDC sets the rent standard based on unit size and fair market rent for the unit's location
per HUD.
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Increase/Decrease in Payment Standard
An increase/decrease in the LEGACY CDC HOME-ARP TBRA rent standard amount will not
be applied to a household during the RAC term, and the household rent standard amount
will remain the same for purposes of calculating the LEGACY CDC HOME-ARP TBRA rental
assistance for the one-year term of the initial lease.
Change in Household Size
If the household size changes during the RAC term, LEGACY CDC will not assign a new unit
size and change the household's rent standard amount. The tenant will be required to
provide documentation of a decrease in household size, such as a utility bill or lease
verifying the former household member's new address. If other documentation is not
available, LEGACY CDC will use its discretion in assessing whether alternative
documentation can be used to show that the former household member no longer resides
in the subsidized unit.
Application of Rent Standard Amount
The rent standard amount for a household's assigned unit size that is in effect when the
RAC is executed is used in calculating the household contribution.
N. GENERAL LEASING POLICIES AND RENTAL ASSISTANCE
CONTRACT
a. Initial Steps in the Leasing Process
When a household finds a suitable unit and the owner is willing to lease the unit under
LEGACY CDC HOME-ARP TBRA, the following documents must be submitted to LEGACY
CDC, prior to the expiration of the coupon:
• A completed Landlord Package, including a completed LEGACY CDC HOME-ARP
TBRA Request for Unit Approval (RUA);
• A copy of the proposed lease, including HUD-prescribed LEGACY CDC HOME-ARP
TBRA Lease Addendum;
Both the owner and coupon holder must sign the RUA, and the household may not submit
more than one RUA at a time.
LEGACY CDC will review the proposed lease and the RUA to determine whether they can be
approved. The following factors are considered:
• Whether the unit meets HUD's Housing Quality Standards (HQS);
• Whether the rent is reasonable;
• Whether the proposed lease complies with HUD requirements; and
• Whether the owner is approvable and there are not conflicts of interest
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Initial Household Share of Rent
For the household's first year in the assisted unit, the rent may not exceed the household's
rent standard amount.A proposed lease providing for rent in excess of the household's rent
standard amount in the initial year will not be approved.
Disapproval of the Request for Unit Approval
If LEGACY CDC determines that the RUA cannot be approved, the owner and the household
will be notified in writing unless verbal notification will suffice based on the reason for the
disapproval.
When the RUA is disapproved, LEGACY CDC will provide the household with a new LEGACY
CDC HOME-ARP TBRA coupon with a revised expiration date, along with a new Landlord
Package and RUA form, so that the household can resume its search for eligible housing.
Screening of Applicants for Household Behavior or Suitability
Placing a household on the waiting list or selecting a household for participation in LEGACY
CDC HOME-ARP TBRA is not a representation by LEGACY CDC to prospective owners about
the household's expected behavior or suitability for tenancy. Tenant screening and selection
are the responsibility of the owner.
b. The Lease and Lease Addendum
Form of Lease
All proposed private leases submitted for LEGACY CDC HOME-ARP TBRA must comply with
federal, state, and local law,include the HUD-required LEGACY CDC HOME-ARP TBRA Lease
Addendum as an attachment, and be reviewed and approved by LEGACY CDC staff.
THE LEASE MUST CONTAIN:
• The name of the owner and tenant;
• The address of the unit rented (including apartment or duplex numbers as
applicable)
• The term of the lease (initial and any provisions for renewal);
• The amount of the monthly rent to owner; and
• Specifications concerning which utilities and appliances are to be supplied by the
owner and which are to be supplied by the household.
THE LEASE MUST NOT CONTAIN ANY OF THE FOLLOWING TERMS:
• Agreement to be sued - Agreement by the tenant to be sued, to admit guilt, or to a
judgment in favor of the owner in a lawsuit brought in connection with the lease
• Treatment of property - Agreement by the tenant that the owner may take, hold, or
sell personal property of household members without notice to the tenant and a court
decision on the rights of the parties. This prohibition, however, does not apply to an
agreement by the tenant concerning disposition of personal property remaining in the
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unit after the tenant has moved out of the unit. The owner may dispose of this personal
property in accordance with applicable law.
• Excusing owner from responsibility -Agreement by the tenant not to hold the owner or
the owner's agents legally responsible for any action or failure to act, whether or
intentional or negligent.
• Waiver of Notice - Agreement of the tenant that the owner may institute a lawsuit
without notice to the tenant
• Waiver of Legal Proceedings - Agreement by the tenant that the owner may evict the
tenant or household members without instituting a civil court proceeding in which the
tenant has the opportunity to present a defense, or before a court decision on the rights
of the parties.
• Waiver of a jury trial - Agreement by the tenant to waive any right to a trial by jury.
• Waiver of right to appeal court decision-Agreement by the tenant to waive the tenant's
right to appeal, or to otherwise challenge in court, a court decision in connection with
the lease.
• Tenant chargeable with cost of legal actions regardless of outcome - Agreement by the
tenant to pay attorney's fees or other legal costs even if the tenant wins in a court
proceeding by the owner against the tenant. The tenant, however, may be obligated to
pay costs if the tenant loses.
Initial Lease Term
Initial lease terms in the LEGACY CDC HOME-ARP TBRA program will be for a period of 12
months.
Changes in Lease
If a tenant and owner mutually agree to alter the current lease agreement, any changes
must be in writing, dated, and signed by both parties. The owner must provide a copy of
the updated lease to LEGACY CDC.
LEGACY CDC will approve any mutually agreed upon changes in a lease, as long as the lease
still complies with HUD requirements.
A new RUA, lease, and RAC are required for:
• Changes in tenant/owner-supplied utilities
• Changes governing the term of the lease; and
• Moving to a new unit in the same building or complex. Prior approval from LEGACY
CDC and a new Landlord Package and HQS inspection are required.
Separate Agreements
The owner is prohibited from demanding, requesting, or receiving any amount above the
rent and security deposit specified in the RAC. Any appliance, service or other item that is
routinely provided to unassisted tenants or permanently installed in the unit may not be
placed under a separate agreement and must be included in the approved lease. LEGACY
CDC approval of a reasonable and customary additional charge or fee may only be requested
for optional amenities.
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Violation of this provision may result in the owner being barred from further participation
in any LEGACY CDC rental assistance programs. Before disqualifying an owner, LEGACY
CDC will provide notice and an opportunity to object in writing.
All separate agreements for special items or services must be attached to the proposed lease
and approved by LEGACY CDC. Approved additional costs and fees will be identified in the
RUA. If agreements are executed at a later date, they must be approved by LEGACY CDC and
attached to the lease.
A tenant's failure to perform under a separate agreement has no effect on the tenant's rights
under the lease, and cannot be a cause for eviction.
If the tenant and owner agree on charges for an optional additional item, as long as those
changes are reasonable and not a substitute for a higher rent, LEGACY CDC will permit
them.
Security Deposits
If the owner requires a security deposit to rent the unit, LEGACY CDC can assist the
household with a security deposit that does not exceed one month's rent. Household will be
responsible for security deposit.
c. Rental Coupon Contracts (RCC)
A RCC will be executed after the following events:
1. Tenant is issued a coupon;
2. Tenant locates a unit prior to coupon expiration;
3. Rent reasonability test is conducted and rent is determined eligible
4. Landlord package and proposed lease are approved and owner has been validated
to receive payments
5. Unit passes HQS inspection
6. Household income has been reverified, if more than six months have elapsed
since LEGACY CDC determined the household to be income eligible.
The RCC and lease MUST be executed simultaneously.
LEGACY CDC HOME-ARP TBRA rental assistance payments will be made to the owner, in
accordance with the terms of the RCC, during the lease term while the household is residing
in the assisted unit. The term of the RCC will terminate upon termination of the lease and
may not exceed 12 months.
Overpayments
In accordance with the terms of all RCCs, if LEGACY CDC determines that the owner is not
entitled to any part of the LEGACY CDC HOME-ARP TBRA rental assistance payment,
LEGACY CDC may exercise rights and remedies including deducting the amount of
overpayment from any amounts due the owner (including amounts due under any other
RCC), recovering payments suspending future payments, or terminating the contract.
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LEGACY CDC may seek additional relief by judicial order or action, including specific
performance, other injunctive relief, or order for damages.
Examples of overpayment that may occur include:
• Payments made when a unit is under abatement because of HQS violations, or a RCC
has been terminated for HQS violations;
• Payments made for a unit vacated with or without the knowledge of the owner. This
policy does not apply to LEGACY CDC HOME-ARP TBRA rental assistance payments for
the month of the move-out. LEGACY CDC may recoup any amount due for the period
that a tenant did not reside in the LEGACY CDC HOME-ARP TBRA-assisted unit;
• Payments made mistakenly twice in one month because of record-keeping or other
error; and
• Change of ownership
In all these examples, the owner would owe LEGACY CDC the portion of the LEGACY CDC
HOME-ARP TBRA rental assistance payment to which he/she is not entitled.
Termination of RCC and Payment
LEGACY CDC HOME-ARP TBRA Rental Assistance payments pursuant to a RCC terminate if:
• The lease is terminated by the owner, in accordance with the terms of the lease;
• The lease terminates and is not renewed;
• The RCC terminates;
• LEGACY CDC terminates assistance for the household; or
• Funding for LEGACY CDC HOME-ARP TBRA program is no longer available.
If an owner has commenced the process to evict the tenant, and if the household continues
to reside in the unit, LEGACY CDC must continue to make payments to the owner in
accordance with the RAC until the owner has obtained a judicial determination allowing the
owner to evict the tenant. LEGACY CDC will continue such payments until the household is
evicted from the unit or moves out. Payments will be pro-rated to eviction date.
d. Household Move Out
If the household moves out of the unit, LEGACY CDC may not make any payments to the
owner for any month after the month when the household moves out. The owner may keep
the payment for the month during which the household moves out.
Violation of Space Standards
If LEGACY CDC determines that the unit no longer meets HQS because of an increase in
household size or change in household composition, LEGACY CDC may issue the household
a new LEGACY CDC HOME-ARP TBRA coupon to enable it to find an acceptable unit. If the
household locates an acceptable unit available for rental by the household, LEGACY CDC
must terminate the original RAC, with notification to the household and owner. The RAC
terminates at the end of the month that follows the month in which notification is given,
and LEGACY CDC HOME-ARP TBRA payments must terminate by the end of the month when
the household moves from such unit.
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0. OWNERS
a. Definition of Owner
An owner is defined as any person or entity legally authorized to lease the assisted unit. A
principal or interested party in a partnership or cooperation will be considered an owner,
if authorization to act on behalf of the partnership, corporation, etc. is provided.
Proof of ownership is required for participation in the program and must be submitted in
the following form:
• If the property is managed by an agent and payments are made to a management
company, a copy of the management agreement; and
• A copy of the recorded deed or shareholder agreement and W-9: Request for
Taxpayer Identification Number & Certification
b. Disapproval of Owner
LEGACY CDC will not approve a LEGACY CDC HOME-ARP TBRA tenancy if HUD or another
party has informed LEGACY CDC that the owner is debarred, suspended, or subject to
limited denial of participation, or if the owner has been disqualified by LEGACY CDC. An
owner who demands, requests, or receives any amount above what is set forth in the RAC
and lease will be barred from further participation in any LEGACY CDC rental assistance
program. Before placing an owner on a disqualification list, LEGACY CDC will provide notice
to the owner and an opportunity for the owner to object in writing.
LEGACY CDC MUST ALSO DISAPPROVE A LEGACY CDC HOME-ARP
TBRA TENANCY UNDER THE FOLLOWING CIRCUMSTANCES:
• The federal government has instituted an administrative or judicial action against
the owner for a violation of the Fair Housing Act or other federal equal opportunity
requirements and such action is pending;
• A court or administrative agency has determined that the owner violated the Fair
Housing Act or other federal equal opportunity requirements;
• The owner is a parent, child, grandparent, grandchild, sister, or brother of any
LEGACY CDC HOME-ARP TBRA household member. LEGACY CDC will waive this
restriction as a reasonable accommodation for a household member who is a person
with a disability.
• LEGACY CDC may use its discretion to deny a LEGACY CDC HOME-ARP TBRA tenancy
under the following circumstances:
• Violations of obligations under one or more LEGACY CDC HOME-ARP TBRA RACs, ex.
Refusal to renew leases of LEGACY CDC HOME-ARP TBRA participants in violation of 24
CFR §92.253(c).
• History of Housing Maintenance violations;
• Acts of fraud, bribery, or any other corrupt or criminal act in connection with any
federal housing program;
• Participation in any drug-related criminal activity or any violent criminal activity;
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• Current or previous practice of non-compliance with HQS and/or state and local
1 housing codes or with applicable housing standards for units leased under any other
federal housing program;
• Current or prior history of refusing to evict other assisted tenants for activity by the
tenant, any member of the household, a guest, or another person under the control of
any member of the household that: threatens the right to peaceful enjoyment of the
premises by other residents; threatens the health or safety of residents, LEGACY CDC
employees, or owner employees; threatens the neighbors' health or safety, or neighbors'
right to peaceful enjoyment of their residences; or engages in drug-related criminal
activity or violent criminal activity;
• Current or prior history of engaging in or threatening abusive or violent behavior
toward LEGACY CDC personnel; and
• Failure to pay state or local real estate taxes, fines, or assessments.
Any owner who has entered into a legal agreement with LEGACY CDC to pay outstanding
obligations may be approved for participation in LEGACY CDC HOME-ARP TBRA. This
decision will be made by LEGACY CDC on a case-by-case basis.
c. Change in Ownership
A prior owner must obtain LEGACY CDC's written consent before a RCC may be assigned to
a new owner. The new owner must agree in writing, in a form acceptable to LEGACY CDC,
to comply with all terms and conditions of the RCC. LEGACY CDC may deny approval of
assignment of the RCC to the new owner for any of the reasons listed above.
LEGACY CDC will process a change of ownership only if the request is accompanied by
proper documentation of ownership of the property in question (copy of the deed or title)
and proper documentation of the sale agreement, as well as Form W-9 and Electronic Funds
Transfer (EFT) Form.
LEGACY CDC must receive written request by the old owner or new owner in order to
change the RAC payee and/or the address to which the payment is to be sent.
P. MOVING WITH CONTINUED LEGACY CDC HOME-ARP
TBRA ASSISTANCE AND PORTABILITY
a. Moves
The need for the move is a direct result of a documented health and safety concern or other
good cause, as determined by LEGACY CDC on a case-by-case basis.
In accordance with VAWA and the Emergency Transfer Plan, victims of domestic violence,
dating violence, sexual assault, or stalking may make an emergency request for prior
approval to move and maintain LEGACY CDC HOME-ARP TBRA eligibility and to obtain
assistance in locating another available, safe dwelling unit.
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If LEGACY CDC does not grant a participant's request for prior approval to move, it will
issue a LEGACY CDC HOME-ARP TBRA Notice of Denial of Request for Prior Approval to
Move, which provides information concerning appeal procedures to contest the denial.
b. Portability
Portability is a term used to describe a household's ability to rent a dwelling unit outside
LEGACY CDC's jurisdiction and continue to receive assistance. A LEGACY CDC HOME-ARP
TBRA participant is not permitted to move with assistance outside of LEGACY CDC's service
area.
Q. DENIAL OR TERMINATION OF ASSISTANCE
LEGACY CDC may deny or terminate LEGACY CDC HOME-ARP TBRA for a household because
of the household's action or failure to act, failure to meet eligibility requirements, or
insufficiency of LEGACY CDC HOME-ARP TBRA funding. LEGACY CDC will provide
households with a written description of the household's obligations under LEGACY CDC
HOME-ARP TBRA, the grounds for denying or terminating LEGACY CDC HOME-ARP TBRA,
and LEGACY CDC's procedures for informal agency review conferences, administrative
hearings, and additional appeals.
a. Forms of Denial/Termination of LEGACY CDC HOME-ARP TBRA
Denial of LEGACY CDC HOME-ARP TBRA for an applicant may include any or all of the
following:
• Denying an application for failure to provide requested documentation and
supplemental information within the time allowed;
• Denying an application because the household misrepresented household income or
composition or failed to supply true and complete information;
• Denying an application based on LEGACY CDC's determination that the application
household failed to meet LEGACY CDC HOME-ARP TBRA eligibility requirements;
• Determining that a household member is ineligible for LEGACY CDC HOME-ARP
TBRA on the grounds of immigration status;
• Removing a household from the waitlist because it no longer satisfies eligibility
requirements or fails to timely or adequately respond to a request for additional
documentation;
• Denying an application because the household voluntarily withdrew its LEGACY CDC
HOME-ARP TBRA application by signing and submitting to LEGACY CDC a statement of
application withdrawal;
• Denying an application because the head of household failed to attend a briefing
session and sign a LEGACY CDC HOME-ARP TBRA Coupon.
• Expiration or rescission of a LEGACY CDC HOME-ARP TBRA Coupon.
• Termination of LEGACY CDC HOME-ARP TBRA for a participant may include:
• Terminating LEGACY CDC HOME-ARP TBRA rental assistance payments under
current
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b. Grounds for Denial/Termination of LEGACY CDC HOME-ARP TBRA
LEGACY CDC may deny LEGACY CDC HOME-ARP TBRA to an applicant or terminate LEGACY
CDC HOME-ARP TBRA for a participant under any of the following circumstances:
• The household fails to meet all LEGACY CDC HOME-ARP TBRA eligibility
requirements;
• Any member of the household fails to disclose and verify Social Security numbers
and execute consent forms for obtaining information in accordance with 24 CFR Part
5;
• An applicant household on the waitlist fails to timely or adequately respond to a
request from LEGACY CDC to provide additional documentation regarding the
household's income and composition and to establish that the household continues
to meet LEGACY CDC HOME-ARP TBRA eligibility requirements;
• Any household member has committed fraud, bribery, or any other corrupt or
criminal act in connection with this or any federal housing program;
• Sufficient LEGACY CDC HOME-ARP TBRA funding is unavailable;
• No current member of the household is a citizen or qualifying noncitizen;
• The LEGACY CDC HOME-ARP TBRA rental assistance amount has been zero for six
months;
• The sole member of the household participating in LEGACY CDC HOME-ARP TBRA
dies;
• LEGACY CDC determines that a household member knowingly permitted another
individual who is not eligible for LEGACY CDC HOME-ARP TBRA due to immigration
status to reside on a permanent basis in the assisted unit, and the ineligible
individual was not considered in calculating the prorated LEGACY CDC HOME-ARP
TBRA rental assistance amount. Such households will also be barred from submitting
a new LEGACY CDC HOME-ARP TBRA application for not less than 24 months;
• The household fails to grant access to its assisted unit for an HQS inspection;
• The household violated tenant responsibilities under the lease;
• The household is absent from the assisted unit for more than a total of i8o days in
a 12-month period in any circumstance and for any reason;
• The household is absent from the assisted unit for 90 consecutive days, unless the
household establishes that: (1) the absence was due to exceptional circumstances
beyond the household's control, such as hospitalization, (2) the household intends
to return to the assisted unit within i8o days of departure, and (3) the household is
not maintaining an alternative residence;
• Any member of the household engages in drug-related criminal activity, violent
criminal activity, other criminal activity, or alcohol abuse that threatens the health,
safety, or right to peaceful enjoyment of other residents;
• The household has engaged in or threated abusive or violent behavior toward
LEGACY CDC personnel. This includes verbal as well as physical abuse or violence.
Use of expletives that are generally considered insulting, racial epithets, or other
language, written or oral, that is customarily used to insult or intimidate, may be
cause for termination or denial. "Threatening" refers to oral or written threats and
physical gestures or use of animals as weapons that communicate an intent to abuse
or commit violence;
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• The household has misrepresented income, household composition, or any other
reported information on or accompanying the LEGACY CDC HOME-ARP TBRA
application, annual recertification, or other official communication with LEGACY
CDC;
• The household has failed to timely report a change in household composition or
absence from the assisted unit;
• The household has violated one of the household obligations listed in the LEGACY
CDC HOME-ARP TBRA Coupon, LEGACY CDC HOME-ARP TBRA Applicant Briefing
Book, or LEGACY CDC HOME-ARP TBRA Policies and Procedures;
• The household has failed to provide information and documentation requested by
LEGACY CDC;
• The household has failed to: attend a scheduled briefing with LEGACY CDC and sign
the LEGACY CDC HOME-ARP TBRA coupon or attend a mandatory conference
scheduled by LEGACY CDC
• A household member has engaged in activity that may threaten the health or safety
of the owner, property management staff, or persons performing the contract
administration function or responsibility on behalf of LEGACY CDC, including a
LEGACY CDC employee or contractor or agent;
• The household has vacated the assisted unit without notifying LEGACY CDC;
• The household is responsible for remedying an HQS failure and fails to make
required repairs or take other corrective action within the period specified by
LEGACY CDC;
• The household fails to complete an approved move after the owner of the assisted
unit fails to renew a lease.
c. Notice of Intent to Terminate Participation in LEGACY CDC HOME-ARP
TBRA
If LEGACY CDC decides to terminate the household's participation in LEGACY CDC HOME-
ARP TBRA for grounds other than a lack of available funding, LEGACY CDC must give the
household a written notice of intent to terminate, with reasons, as well as notify the
household of its right to an informal agency review conference.
Terminations will allow a minimum of 3o days' notice, with the following exception:
• Death of sole household member. The termination will be effective the end of the
month of the date of death, as confirmed by the Social Security Administration or
death certificate. LEGACY CDC will not make LEGACY CDC HOME-ARP TBRA rental
assistance payments beyond this date.
• Insufficient funding. The termination will be effective as of the date that funding is
no longer available. A notice of termination will be sent to the affected household.
d. LEGACY CDC Discretion
In deciding whether to deny admission or terminate participation in LEGACY CDC HOME-
ARP TBRA because of an action or failure to act by household members, LEGACY CDC has
discretion to consider all of the circumstances in each case including the seriousness of the
circumstances. Such acts include, but are not limited to:
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• Failure to occupy a unit as a primary residence after execution of a Rental Coupon
Contract
• Failure to attend a conference
• Failure to utilize the coupon within the time allowed
LEGACY CDC will use its discretion in reviewing the extent of participation or culpability
of individual household members and the length of time since the violation occurred.
LEGACY CDC may also review the household's more recent history and record of compliance
and the effects of that denial of program admission or termination of assistance may have
on other household members who were not involved in the action or failure to act.
LEGACY CDC may impose, as a condition of continued assistance for other household
members, a requirement that household members who participated in, or were culpable for
the action or failure to act, will not reside in the unit. LEGACY CDC may then permit the
other household members to continue in the program.
e. Lease Violations
The following criteria will be used to decide if a serious or repeated violation of the lease
will result in termination of assistance:
• If the owner terminates tenancy through court action for serious or repeated
violation of the lease;
• If the owner notifies the household of termination of tenancy for a serious or
repeated lease violation and the household moves from the unit prior to completion of
court action; and LEGACY CDC determines based on available evidence that the cause of
the move is a serious or repeated violation of the lease;
• If the household fails to provide access to the unit for the owner or management
agent, or fails to make necessary repairs for which the tenant is responsible, so that
HQS deficiencies can be cured as required;
• If there are police reports, neighborhood complaints, or other third party
information that has been verified by LEGACY CDC; and
• If the household fails to pay its share of the rent on time and/or pay utilities for the
household is responsible as stipulated by the lease. Non-payment of rent is considered
a serious violation of the lease.A court order of eviction for non-payment is not required
for LEGACY CDC to terminate assistance. If an owner provides sufficient documentation
of non-payment of rent, LEGACY CDC will consider termination of assistance for the
participant.
f. Termination of Tenancy by Owner
The owner may only evict the tenant by court action. During the term of the lease (the initial
term or any extension thereafter), the owner may only terminate the tenancy because of:
• Serious or repeated violations of the lease;
• Disturbance of neighbors;
• Destruction of property;
• Living or housekeeping habits that cause damage to the unit or premises;
• Violation of federal, state, or local law that imposes obligations on the tenant in
connection with the occupancy or use of the unit and the premises; or
• Other good cause
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An owner may not refuse to renew the lease of a household participating in LEGACY CDC
HOME-ARP TBRA except for serious or repeated violation of the terms and conditions of the
lease, violation of applicable law, or other good cause. To terminate or refuse to renew
tenancy, the owner must serve written notice upon the tenant specifying the grounds for
the action at least 3o days before the termination of the tenancy. HUD specifies that
property owners cannot discriminate against tenants for being recipients of federal housing
assistance.
g. Procedures for Noncitizens
Applicant or participant households in which no members are either U.S. citizens or eligible
immigrants are not eligible for assistance and must have their assistance terminated.
LEGACY CDC will verify all household members who declare eligible immigration status,
using a federal database. Assistance may not be terminated while verification of a
participant household member's eligible immigration status is pending.
If the household or any household member claimed eligible immigration status and the U.S.
Citizenship and Immigration Services (USCIS) primary and secondary verifications failed
to document the status, the household may make an appeal to the USCIS and request a
LEGACY CDC administrative review. After LEGACY CDC has made a determination of
ineligibility, the household will be notified of the determination and the reasons and
informed of the option for prorated assistance (if applicable).
h. Missed Appointments and Deadlines
It is a household's obligation to supply information, documentation and certification as
needed for LEGACY CDC to fulfill its responsibilities. LEGACY CDC schedules appointments
and sets deadlines in order to obtain the required information. An applicant or participant
who fails to keep an appointment or to supply information required by a deadline without
notifying the agency may be sent a notice of denial or termination of assistance for failure
to provide required information.
Appointments may be scheduled and time requirements will be imposed for the following
events and circumstances:
• Eligibility for admission;
• Verification procedures
• Coupon issuance and briefings;
• HQS inspections;
• Annual Recertification; and
• Conferences and Appeals
Acceptable reasons for missing appointments or failing to provide information by deadlines
are: medical emergency, household emergency, and any other reason that LEGACY CDC
deems appropriate. These reasons are only acceptable if LEGACY CDC is notified in a timely
manner.
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R. AGENCY REVIEW CONFERENCES
All applicants who have been denied assistance and participants who face termination of
assistance for grounds other than a lack of available funding may seek review of LEGACY
CDC's decision by requesting an agency review conference. A program applicant or
participant may also seek review of a decision by LEGACY CDC affecting eligibility. Or the
amount of assistance, removal from a waitlist, and denial of a request to move.
Determination of, or change to, the LEGACY CDC HOME-ARP TBRA rent standard amount is
not reviewable. LEGACY CDC will notify applicants and participants in writing of LEGACY
CDC's decision and their right to a review of that decision. An agency review conference
must be requested within 14 days of the date of the LEGACY CDC notification letter.
LEGACY CDC will take affirmative steps to communicate with people who need services or
information in a language other than English.
a. Authorized Representatives
Applicants and participants have a right to be represented by legal counsel or other
representative at their own expense. Written authorization is required where practicable
for a representative other than an attorney to appear at an agency review conference or
administrative hearing or to review a case record. An employee of an attorney may present
written authorization from the attorney, or the attorney may advise LEGACY CDC by
telephone of such employee's authorization. Once LEGACY CDC has been informed that a
person or organization is an authorized representative, such representative will receive
copies of all correspondence from LEGACY CDC regarding the conference.
b. Aid Continuing
If a participant requests an administrative conference regarding a determination by
LEGACY CDC to reduce, restrict, suspend, or discontinue LEGACY CDC HOME-ARP TBRA
rental assistance payments within io days of the date of the date of the LEGACY CDC
notification letter or by the effective date of a Notice of Intent to Terminate Participation
in LEGACY CDC HOME-ARP TBRA, and the appeal is based on a claim of incorrect
computation or an incorrect factual determination, benefits will continue unchanged until
the conference decision is issued or until the end of the term of the current rental assistance
contract, unless: the action is due to insufficient funding, the sole issue on appeal is one of
law or policy, the participant waive his or her right to continue assistance in writing, or the
participant fails without good cause to appear at the hearing.
The decision issued by the review conference can be reviewed by LEGACY CDC's Board of
Directors, or a subset the composition of which will be determined by LEGACY CDC's Board
President and Secretary. To request a Board Review the applicant or his/her designee must
submit a written request no later than 15 days after LEGACY CDC sends the decision. Rental
assistance payments will continue until a written decision is issued by the Board, as long
as the RAC remains in effect.
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c. Review Conferences
Notice
LEGACY CDC will provide the applicant/participant with notice of the date, time, and
location of the review conference no fewer than 7 calendar days prior to the scheduled date
of the hearing, unless the issue underlying the request has been resolved and the
applicant/participant has withdrawn the conference request.
Examination of Case Record
An applicant, participant, or authorized representative has the right to examine his/her
LEGACY CDC HOME-ARP TBRA case file and all documents and records that LEGACY CDC
intends to use in the review conference. Upon request by telephone, email, or written
correspondence; LEGACY CDC will provide copies of such documents and any additional
documents in LEGACY CDC's possession that the applicant, participant, or authorized
representative identifies and requests for purposes of preparing for the review conference.
LEGACY CDC will provide such documents free of charge reasonably in advance of the
review conference. If the request is made less than 5 business days before the review
conference, LEGACY CDC will provide copies no later than at the time of the review
conference.
Adjournment
A review conference may be adjourned for cause as determined by LEGACY CDC or at the
request of applicant or participant.
Conduct of the Review Conference
The review conference will be convened and facilitated by LEGACY CDC's Program Director.
LEGACY CDC's review panel will include at least 3 staff and no more than 5 who were not
involved in the decision being appealed. LEGACY CDC's staff that made the determination
on appeal may attend the review conference to explain and clarify the decision and any file
notations that may be under review.
The applicant/participant has a right to give a brief statement during the review conference
as to why they believe the decision was in error, offer documentary evidence on their own
behalf, and examine any documents offered by LEGACY CDC.
A transcript of the review conference will be made. The transcript, all documentary
evidence, and the conference decision will collectively constitute the conference record.
Review Conference Decision
The Review Conference Panel will issue a decision regarding the appealed action. The
decision will be made in writing and include the following:
• The action that was reviewed
• Relevant facts
• Laws, regulations, and any applicable internal policy
• Reasons for the decision
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• Directives to TBRA staff, when appropriate
A copy of the decision, along with written notice to the applicant/participant of additional
appeal options will be sent to the applicant or their authorized representative and placed
in the applicant's file.
Abandonment of Review Conference Request
LEGACY CDC will consider a review conference request abandoned if the
applicant/participant or authorized representative fails to appear for the conference
hearing, unless the applicant/participant or authorized representative:
• Contacted LEGACY CDC prior to the conference to request that it be rescheduled, or
• Contacts LEGACY CDC within 5 calendar days of the scheduled review conference
and provides good cause for the failure to appear.
If the above requirements are met, LEGACY CDC will reschedule the review conference
vii. Effect of Review Conference Decision
LEGACY CDC will not be bound by a review conference decision that:
• Contradict HUD Regulations or Requirements;
• Contradict HUD regulations;
• Contradict the policies in the Policies and procedures
If LEGACY CDC determines that the review conference decision meets any of the above
exceptions, it will promptly notify the household of the determination and reasons.
Additional Appeal
A decision made by the review conference may be reviewed by the Board of Directors or a
subset as determined by the Board President&Secretary. LEGACY CDC must receive written
notice of such a request within 15 calendar days after the review conference decision was
sent to the applicant/participant.
The complete review conference decision, the appeal request, and statement from LEGACY
CDC staff will be submitted to the Board for review. The Board will render a written
decision based on the review conference record, request, and statement.
The Board's decision is final and all other appeals must be done through external sources.
S. PROGRAM INTEGRITY
a. Preventing, Detecting, and Investigating Errors, Program Abuse, and
Fraud
If LEGACY CDC decides that a household, owner, or LEGACY CDC employee has abused the
LEGACY CDC HOME-ARP TBRA program, LEGACY CDC will take action to correct the
situation. LEGACY CDC may at any time deny LEGACY CDC HOME-ARP TBRA assistance to
an applicant or terminate program assistance for a participant if a preponderance of
evidence shows that any household member has willfully and intentionally committed
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fraud, bribery, or any other corrupt or criminal act in connection with a federal housing
program. LEGACY CDC's actions will vary based on the nature and severity of the abuse.
Fraud and abuse can consist of either a single act or a patent of actions made with the intent
to deceive or mislead, and which constitutes a false statement, omission, or concealment of
a substantive fact. Fraud and abuse result in the payment of program funds in violation of
program requirements.
In determining whether a case of fraud or abuse exists, LEGACY CDC must recognize the
differences between unintentional and intentional misreporting. LEGACY CDC will also
evaluate the special circumstances and seriousness of a case to determine whether further
investigation for evidence of fraud or abuse is required. For example, failure to report
required information due to a lack of understanding may be considered an error or omission
and not fraud or abuse. For owners, collecting payments for a vacated unit when the owner
is not aware that the assisted household has vacated may also be considered an error or
omission and not fraud.
Fraud allegations are received or discovered from many different sources. When
information indicates that fraud may exist, the household and/or owner and/or LEGACY
CDC employee may be required to attend a conference to review the issue. LEGACY CDC
may forward the case to appropriate law enforcement at any time. Referrals based on fraud
do not prohibit LEGACY CDC from deciding to deny assistance to an applicant or terminate
program assistance for a participant or owner.
b. Corrective Measures and Penalties
If an error has been made in determining household income, household share of the rent,
household composition, or household size, LEGACY CDC will promptly correct the error
after notice to the household and owner. For corrections in the LEGACY CDC HOME-ARP
TBRA rental assistance amount, LEGACY CDC will issue a revised Rent Breakdown notice.
For changes in household size, the correction may require the household to move to a new
unit if there is an HQS violation due to overcrowding. The specific corrective action that
LEGACY CDC takes depends upon the fault of the party in causing the error, as more fully
described below.
Household Share Too High
Error or Omission - fault of LEGACY CDC: LEGACY CDC will refund the total amount due to
the household. If the household owed the owner rent, LEGACY CDC may choose to pay the
amount due or a portion thereof directly to the owner on behalf of the household.
Error or Omission - fault of the household: If the error is the fault of the household, LEGACY
CDC will not reimburse the household, but will process the change effective the first of the
month following notification or discovery of the error or omission.
Household Share Too Low
Error or Omission-fault of LEGACY CDC: If the household share of the rent is incorrectly
set too low, LEGACY CDC will give the household and owner notice of the change in
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household share and LEGACY CDC HOME-ARP TBRA rental assistance amount, to be
effective immediately
Error or Omission - fault of household: If the household share of rent is set too low due
to error or omission of the household, LEGACY CDC may exercise its discretion to terminate
assistance for that household. If LEGACY CDC elects not to terminate assistance, LEGACY
CDC will notify both the owner and tenant of the corrected tenant share and LEGACY CDC
HOME-ARP TBRA rental assistance amount, to be effective immediately.
Household Assigned Larger Unit than Size Entitles
Error or Omission - fault of LEGACY CDC: LEGACY CDC will grant prior approval to move
to a new unit and issue the household a coupon for the correct unit size. If in LEGACY CDC's
judgement the household has failed to relocate within a reasonable time, LEGACY CDC may
adjust the household's LEGACY CDC HOME-ARP TBRA rent standard amount at the annual
recertification. LEGACY CDC will give proper notice to both the household and the owner
of any resulting change in the LEGACY CDC HOME-ARP TBRA rental assistance amount.
Error or Omission - fault of household: LEGACY CDC may terminate assistance or, at its
discretion, immediately correct the household's rent standard amount to reflect the correct
unit size and provide the owner and the household with notification of the new LEGACY
CDC HOME-ARP TBRA rental assistance amount. In addition, if the household requests prior
approval to move to a smaller unit, LEGACY CDC may in its discretion grant the request and
issue a new coupon with the correct unit size.
Household Assigned Smaller Unit than Size Entitles
Error or Omission - fault of LEGACY CDC or household: If the household is overcrowded
under HQS in the current unit, LEGACY CDC will immediately notify the household and the
owner of the error, approve the household to move to a new unit, and issue the household
a coupon for the correct unit size. If the household does not relocate within a reasonable
period, LEGACY CDC may terminate assistance.
T. PROGRAM ADMINISTRATION
a. LEGACY CDC HOME-ARP TBRA Notices
LEGACY CDC HOME-ARP TBRA deems all notices that are mailed through the U.S. Postal
Service to have been received five (5) calendar days after mailing unless the Postal Service
returns the notice as undeliverable. LEGACY CDC may also send some notices via certified
mail.
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U. Conflict of Interest Policy
a. Issues
Conflicts of interest raise issues of governance, tax, and regulatory authority. They also
raise concerns in the mind of the public and members of the media, potentially undermining
an organization's reputation and good standing.
b. Circumstances
Generally speaking, a conflict-of-interest situation arises when a staff member or one of his
or her family members holds a personal or financial interest that compromises or could
compromise the staff member's independence of judgment in exercising his or her
responsibilities. Staff members should minimize conflicts of interest, disclose ethical, legal,
financial, and other conflicts, and remove themselves from decision-making if their duties
would otherwise call on them to act in a situation involving themselves, their family
members, or entities closely associated with them or their family members.
c. Actions
This policy requires staff members to disclose actual or potential conflicts of interest, as
well as certain relationships and transactions,to enable an Administrator to report required
information on its IRS Form ggo and to enable the Board, management, HUD to take steps
it considers necessary or advisable to address conflicts of interest. HOME-ARP TBRA is
subject to conflict of interest regulations defined in 24 CFR § 92.356 and 24 CFR § 200.
Depending on the circumstances, a relationship or and transaction disclosed under this
policy:
(1) may not constitute a conflict of interest;
(2) may constitute a permitted conflict - if following certain procedures; or
(3) may constitute an altogether prohibited conflict.
d. Procedures
For all potential conflicts of interest, Legacy CDC will follow the following steps:
(1) Contact our Performance Specialist for guidance
(2) Have affected person(s) complete the Determination of Conflict Interest Form (Form
6.12) and submit applicable support documentation to HUD
(3) If there is a conflict of interest, we may:
(a) Deny assistance or benefit and document the file;
(b) Request an exception from HUD and submit applicable documentation; or
(c) Follow guidance outlined by HUD upon review.
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(4)All HUD approved conflicts of interest will be processed by a high-level member of
management to ensure confidentiality.
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