12-Attachment F - HOPWA Provisions (Scattered).docx

Attachment F Project Sponsor’s Name Housing Opportunities for Persons with AIDS (HOPWA)

HOPWA Provisions Scattered Site Housing Assistance

Eligibility Participant Eligibility An “Eligible Person” is defined under this contract to include an individual or family for whom documentation has been obtained/maintained showing that such individual or family meets the following eligibility criteria:

· HIV Diagnosis: Has acquired immunodeficiency syndrome (AIDS) or related diseases (including HIV)

· Residency: Resides in the Dallas Eligible Metropolitan Statistical Area (Dallas EMSA), consisting of Collin, Dallas, Denton, Ellis, Hunt, Kaufman, and Rockwall Counties; and

· Income: Meets the Income Limits described below.

For Tenant Based Rental Assistance (TBRA), an Eligible Person must also meet the following additional eligibility criteria (as defined in program guidelines):

· Independent Living: Must be capable of living independently with little or no intervention or with assistance from others. This project provides independent living, not assisted living.

· Eligible Unit: Must reside in an eligible unit, which is a unit in which the Eligible Person has a legal right to reside (i.e., legally enforceable lease) and which meets the authorized unit size requirements, rent standard, rent reasonableness, HQS habitability standards, eligible type, and is not a federally subsidized housing unit.

For Short-Term Rent, Mortgage, and Utility Assistance (STRMU), an Eligible Person must also meet the following additional eligibility criteria (as defined in program guidelines):

· Independent Living: Must be capable of living independently with little or no intervention or with assistance from others. This project provides independent living, not assisted living.

· Eligible Unit: Must reside in an eligible unit, which is a unit in which the Eligible Person is a tenant or authorized occupant on a valid lease (for rent assistance), owner or resident household member of a mortgaged dwelling (for mortgage assistance), or a utility account holder or persons responsibility for utility (for utility assistance), and which meets housing suitability/smoke detector / lead-based paint requirements, eligible type, and is not a federally subsidized housing unit.

· Emergency Situation: Is (or will be) late or in default on rent, mortgage, or utility due to an emergency situation.

· At Imminent Risk or At Risk of Homelessness: Is at imminent risk of homelessness or at risk of homelessness.

· Lacks Sufficient Resources: Lack sufficient financial resources to maintain housing.

· Ability to Maintain Housing Stability: Has the ability to maintain housing stability after STRMU assistance has ended (i.e., prevent homelessness).

STRMU Limits: Has not exceeded the maximum amount of STRMU assistance (annual dollar cap) or maximum period of STRMU assistance (annual weeks cap) (as defined in program guidelines).

Income Eligibility “Income Limits,” when used in this contract, means low-income persons who are members of families whose annual income with respect to the family size does not exceed 80 percent of the median income for the area, as determined by the Secretary of Housing and Urban Development, during all periods of participation in the project.

Eligible Activities and Costs Activity Types and Eligible Costs

574.300(b)(6) (STRMU)

Allowable costs incurred for:

· Rent Assistance (with Utility Allowance)

STRMU:

Allowable costs incurred for:

· Rent Assistance

· Mortgage Assistance

· Utility Assistance

Allowable costs incurred for providing the following required service:

· Case management

Allowable costs incurred for providing one or more of the following additional services (if approved):

· Adult day care and personal assistance

· Alcohol and drug abuse services

· Childcare and other child services

· Education

· Employment assistance and training

· Health, medical, or intensive care services (if approved)

· Legal services

· Life skills management

· Meals/nutritional services

· Mental health services

· Outreach

· Transportation

HIV/AIDS prevention education is not an eligible activity.

Allowable costs incurred for performing the following functions with respect to eligible HOPWA activities:

· General management

· Oversight

· Coordination

· Evaluation

· Reporting

· Fees charged by Metro Dallas Homeless Alliance (MDHA) for use of the local Homeless Management Information System (HMIS) by the project. HMIS user fees are billed and paid by the Vendor directly.

Administrative Cap:

Administrative expenses (including HMIS user fees) cannot exceed 7% of amounts received for service activities.

Match Requirements HOPWA grant funds do not require a matching contribution. However, any vendor funded under HOPWA is expected to track and report on leveraged resources (monetary and in-kind) from other sources that contribute toward the cost of the project and/or otherwise benefit/support project participants. The amount of leveraged resources provided by the Vendor will be taken into account in the evaluation of the project. Resident Rent Payments (as defined below) are counted as leveraging.

Contract Provisions

Licensing, Staffing and Zoning: Vendor represents that it holds all necessary and appropriate business licenses for the services provided hereunder, and that it will maintain such licenses during the term of this agreement. If, for any reason, any license is revoked during the term of this agreement, Vendor shall notify City, and City may, in its sole discretion, terminate this agreement. Vendor will provide professional trained staff that are knowledgeable about the program and applicable policies, rule, regulations, and laws. Vendor will ensure that zoning for the location where services are to be provided is appropriate for the location.

Ongoing Assessment and Housing Plan: Vendor commits to the development and management of an individualized Housing Plan (or Individual Housing and Services Plan) for each Eligible Person residing in an assisted unit. Vendor agrees to conduct an ongoing assessment of the housing assistance and supportive services required by program participants as identifies in Individual Housing and Services Plans, including an annual assessment of their housing situation, a reevaluation of the appropriateness of rental subsidies or other support.

Moving On Strategies: Vendor will demonstrate, to the greatest extent feasible, a commitment to transition Eligible Persons from HOPWA-funded housing into the Section 8 Housing Choice Voucher or Public Housing programs with a local public housing authority, or other local area affordable housing programs, for example, by utilizing “Moving On” strategies.

Required HOPWA Trainings: Vendor must commit to ensure that at least one of its employees completes (and obtains a certificate of completion for) the following HOPWA training requirements at least once every three years:

· HOPWA Getting to Work Online Training (currently available at www.hudexchange.info)

· HOPWA Oversight Online Training (currently available at www.hudexchange.info)

· CPD Financial Management Training (currently available at www.hudexchange.info) Equal Participation of Faith-Based Organizations (24 CFR § 574.300(c)): “The HUD program requirements in 2 CFR §5.109 of this title apply to the HOPWA program, including the requirements regarding disposition and change in use of real property by a faith-based organization.”

Provision of Supportive Services (24 CFR § 574.310(a)(1)): Vendor agrees to make available appropriate supportive services to the individuals assisted with housing under this program. For any individual with HIV/AIDS who requires more intensive care than can be provided in housing assisted under this contract, Vendor shall provide for locating a care provider who can appropriately care for the individual and for referring the individual to the care provider. Supportive Services provided directly by Vendor (whether funded by HOPWA) are specified in the Scope of Work set forth in Exhibit A to this contract.

Payments for Health Services (24 CFR § 574.310(a)(2)): Vendor agrees to ensure that funds will not be used to make payments for health services for any item or service for healthcare and related drug assistance to the extent that payment has been made, or can reasonably be expected to be made, with respect to that item or service under any state compensation program, under any insurance policy or under any Federal or State health benefits program, or by an entity that provides health services on a prepaid basis.

Housing Quality Standards (24 CFR § 574.310(b)): Except for STRMU, all housing provided under this contract must meet the applicable housing quality standards outlined in 24 CFR § 574.310(b).

Resident Rent Payments (24 CFR § 574.310(d)): Except for STRMU, each Eligible Person residing in any housing assisted under this contract must pay as rent, including utilities, in an amount equal to that calculated in accordance with 24 CFR § 574.310(d). Vendor shall document resident income and the calculation of resident rent payments in the participant’s file.

Termination of Assistance (24 CFR § 574.310(e)): Vendor shall have procedures in place for the termination of assistance under this program that comply with 24 CFR § 574.310(e).

Additional Standards for TBRA (24 CFR § 574.320): The following additional standards apply to TBRA:

· Maximum Subsidy: The monthly assistance for an Eligible Person may not exceed the difference between: (a) the lower of (i) the published section 8 fair market rent (FMR) or the HUD-approved community-wide exception rent for the unit size, or (ii) reasonable rent for the unit; and (b) the resident’s rent payment (as defined above). The rent charged for a unit must be reasonable in relation to rents currently being charged for comparable units in the private unassisted market and must not be in excess of rents currently being charged by the owner for comparable unassisted units. Vendor shall document the maximum subsidy in the participant’s file.

· Shared Housing: With respect to shared housing arrangements, the rent charged for an assisted family or individual shall be in relation to the size of the private space for that assisted family or individual in comparison to other private space in the shared unit, excluding common space. An assisted family or individual may be assisted a pro rata portion based on the ratio derived by dividing the number of bedrooms in their private space by the number of bedrooms in the unit. Participation in shared housing arrangements must be voluntary. Vendor shall document any such shared housing arrangement in the participant’s file.

Additional Standards for STRMU (24 CFR § 574.330): The following additional standards apply STRMU projects:

· Assistance to Continue Independent Living: Supportive Services may be provided to individuals when they remain in their residence because the residence is appropriate to the needs of the individual. In the latter case, a rent, mortgage and utilities payments program assistance under this contract shall provide, when reasonable, supportive services specifically designed to maintain the individual in such residence.

· Case Management Services: A project providing STRMU must provide each assisted individual with an opportunity, if eligible, to receive case management services form the appropriate social service agencies.

Special Responsibilities of HOPWA Project Sponsors: Notwithstanding any provision of this agreement to the contrary and not to diminish other requirements outlined in this agreement, the following special responsibilities, as outlined in HUD regulations (which may be amended from time to time), shall apply under this agreement. Applicable sections of 24 CFR Part 574 are provided for reference.

· Prohibition of Substitution of Funds (24 CFR § 574.400): “Amounts received from grants under [the HOPWA program] may not be used to replace other amounts made available or designated by State or local governments through appropriations for use for the purposes of [the HOPWA program].”

· Capacity (24 CFR § 574.410): Vendor certifies that it has the capacity and capability to effectively administer the activity(ies) carried out under this agreement.

· Cooperation (24 CFR § 574.420): Vendor agrees “to cooperate and coordinate in providing assistance under this [agreement] with the agencies of the relevant State and local governments responsible for services in the area served by the grantee for eligible persons and other public and private organizations and agencies providing services for such eligible persons.

· Fee Prohibition (24 CFR § 574.430): Vendor agrees that “no fee, except rent, will be charged of any eligible person for any housing or services provided through with amounts from a grant under [the HOPWA program].”

· Confidentiality (24 CFR § 574.440): Vendor agrees “to ensure the confidentiality of the name of any individual assisted under [the HOPWA program] and any other information regarding individuals receiving assistance.”

· Financial Records (24 CFR § 574.450): Vendor agrees “to maintain and make available to HUD –[and the City of Dallas] for inspection financial records sufficient, in HUD’s [and the City of Dallas’] determination, to ensure proper accounting and disbursing of amounts received from [the HOPWA program].”

· Remaining Participants Following Bifurcation of a Lease or Eviction As a Result of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (24 CFR § 574.460): When a covered housing provider exercises the option to bifurcate a lease, as provided in 24 CFR § 5.2009(a), in order to evict, remove, terminate occupancy rights, or terminate assistance to a person with AIDS or related diseases that receives rental assistance or resides in rental housing assisted under the HOPWA program for engaging in criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking, the covered housing provider shall provide the remaining persons residing in the unit a reasonable grace period to establish eligibility to receive HOPWA assistance or find alternative housing. The [grantee] shall set the reasonable grace period [through program guidance], which shall be no less than 90 calendar days, and not more than one year, from the date of the bifurcation of the lease. Housing assistance and supportive services under the HOPWA program shall continue for the remaining persons residing in the unit during the grace period. The grantee or project sponsor [that serving such persons] shall notify the remaining persons residing in the unit of the duration of the reasonable grace period and may assist them with information on other available housing programs and with moving expenses.”

Grant Administration by Project Sponsors: Notwithstanding any provision of this agreement to the contrary and not to diminish other requirements outlined in this agreement, the following grant administration requirements, as outlined in HUD regulations (which may be amended from time to time), shall apply under this agreement. Applicable sections of 24 CFR Part 574 are provided for reference.

· Responsibility for Grant Administration (24 CFR § 574.500): Vendor shall ensure funds under this agreement are administered in accordance with the requirements of the HOPWA program and other applicable laws. Vendor shall ensure that it carries out activities in compliance with all applicable requirements. Vendor further agrees “to:

· Operate the program in accordance with [HOPWA regulations] and other applicable HUD regulations

· Conduct an ongoing assessment of the housing assistance and supportive services required by the participants in the program

· Assure the adequate provision of supportive services to the participants in the program; and

· Comply with such other terms and conditions, including recordkeeping and reports (which must include racial and ethnic data on participants) for program monitoring and evaluation purposes, as HUD [and the City of Dallas] may establish for purposes of carrying out the program in an effective and efficient manner.’

· Environmental Procedures and Standards (24 CFR § 574.510): Activities under the HOPWA program are subject to HUD environmental regulations in part 58 of Title 24, in accordance with 24 CFR § 574.510.

· Performance Reports (24 CFR § 574.520): Vendor agrees to cooperate with, and comply with, all performance reporting requirements applicable to the HOPWA program.

· Recordkeeping (24 CFR § 574.530): Vendor must ensure that any and all “records are maintained for a 4-year period to document compliance with the provisions of [the HOPWA program],” including but not limited to, “current and accurate data on the race and ethnicity of program participants,” and “data on emergency transfers requested under 24 CFR 5.2005(e), pertaining to victims of domestic violence, dating violence, sexual assault, or stalking, including data on the outcomes of such requests.”

Other Federal Requirements: Notwithstanding any provision of this agreement to the contrary and not to diminish other requirements outlined in this agreement, the following other federal requirements, as outlined in HUD regulations (which may be amended from time to time), shall apply under this agreement. Applicable sections of 24 CFR Part 574 are provided for reference.

· Cross Reference (24 CFR § 574.600): “The Federal requirements set forth in 24 CFR part 5 apply to [the HOPWA program’ as specified herein.”

· Nondiscrimination and Equality Opportunity (24 CFR § 574.603): “Within the population eligible for this program, the nondiscrimination and equal opportunity requirements set forth in 24 CFR part 5 and the following requirements apply:

(a) Fair housing requirements. (1) [Vendor] shall comply with the applicable provisions of the Americans with Disabilities Act (42 U.S.C. 12101–12213) and implementing regulations at 28 CFR part 35 (States and local government grantees) and part 36 (public accommodations and requirements for certain types of short-term housing assistance). (2) Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964–1965 Comp., p. 339; 3 CFR, 1966–1970 Comp., p. 684; 3 CFR, 1966–1970 Comp., p. 803; 3 CFR 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity) does not apply to [the HOPWA] program.

(b) Affirmative outreach. [Vendor agrees to] adopt procedures to ensure that all persons who qualify for the assistance, regardless of their race, color, religion, sex, age, national origin, familial status, or handicap, know of the availability of the HOPWA program, including facilities and services accessible to persons with a handicap, and maintain evidence of implementation of the procedures.”

· Protections for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (24 CFR § 574.604): Vendor agrees to comply with the protections for victims of domestic violence, dating violence, sexual assault, and stalking, as set forth in 24 CFR § 574.604 and applicable program guidance.

“(1) Applicability of VAWA requirements. Except as provided below, the Violence Against Women Act (VAWA) requirements set forth in 24 CFR part 5, subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), apply to housing assisted with HOPWA grant funds for acquisition, rehabilitation, conversion, lease, and repair of facilities to provide housing; new construction; and operating costs, as provided in § 574.300. The requirements set forth in 24 CFR part 5, subpart L, also apply to project-based and tenant-based rental assistance, as provided in §§ 574.300 and 574.320, and community residences, as provided in § 574.340.’

(2) Limited applicability of VAWA requirements. The VAWA requirements set forth in 24 CFR part 5, subpart L do not apply to short-term supported housing, as provided in § 574.330, except that no individual may be denied admission to or removed from the short-term supported housing on the basis or as a direct result of the fact that the individual is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the individual otherwise qualifies for admission or occupancy.”

· Applicability of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (24 CFR § 574.605): “The provisions of 2 CFR part 200, ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards’’, apply to HOPWA grants.”

· Conflict of Interest (24 CFR § 574.625): “In addition to the conflict of interest requirements in 2 CFR 200.317 (for recipients and subrecipients that are States) and 2 CFR 200.318 (for recipients and subrecipients that are not States), no person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee or project sponsor and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.”

· Displacement, Relocation, and Real Property Acquisition (24 CFR §574.630): As applicable, Vendor agrees to comply with provisions relating to displacement, relocation, and real property acquisition under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 USC 4601-4655) and implementing regulations at 49 CFR Part 49, as set forth in 24 CFR § 574.630. Vendor must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of a project assisted under the HOPWA program. In general, these provisions may apply to projects for acquisition, rehabilitation, conversion, lease, repair, or new construction.

· Lead-Based Paint (24 CFR § 574.635): “The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821–4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851–4856), and implementing regulations at part 35, subparts A, B, H, J, K, M, and R of this part apply to activities under [the HOPWA program].”

· Flood Insurance Protection (24 CFR § 574.640): “No property to be assisted under the HOPWA program may be located in an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (a) (1) The community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR parts 59 through 79); or (2) Less than a year has passed since FEMA notification regarding such hazards; and (b) [Vendor] will ensure that flood insurance on the structure is obtained in compliance with section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.).

· Coastal Barriers (24 CFR § 574.645): “In accordance with the Coastal Barrier Resources Act, 16 U.S.C. 3501, no financial assistance under the HOPWA program may be made available within the Coastal Barrier Resources System.”

· Audit (24 CFR § 574.650): The audit requirements set forth in 2 CFR part 200, subpart F, apply to the HOPWA program.

· Wage Rates (24 CFR § 674.655): “The provisions of the Davis-Bacon Act (40 U.S.C. 276a–276a–5) do not apply to [the HOPWA program], except where funds received under [the HOPWA program] are combined with funds from other Federal programs that are subject to the Act.”

· Housing Counseling (24 CFR § 574.660): “Housing counseling, as defined in § 5.100, that is funded with or provided in connection with HOPWA funds must be carried out in accordance with § 5.111. When [Vendor provides] housing services to eligible persons (including persons undergoing relocation) 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 § 5.100, and therefore are not required to be carried out in accordance with the certification requirements of § 5.111.”

Compliance with HUD Requirements: Vendor shall comply with all HUD requirements applicable to the program. Certain provisions contained in this contract are based on HUD requirements. If during the term of this contract, HUD modifies its requirements in such a way as would necessitate a modification to the provisions set forth above, the Vendor will be bound by and comply with such modification in accordance with HUD requirements.

Resources 24 CFR Part 574, HOPWA Regulations (issued by the U.S. Department of Housing and Urban Development (HUD))

2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (issued by the Office of Budget and Management (OMB))

City of Dallas HOPWA Program Manual (particularly Chapter 7, TBRA, and Chapter 8, STRMU)

HUD HOPWA Resources (found on HUD Exchange at www.hudexchange.info):

· The HOPWA Institute

· HOPWA Grantee Oversight Resource Guide

· HOPA Financial Management Online Training

· Understanding HOPWA Access to Care and Support Outcomes

· HOPWA Confidentiality User Guide

· HOPWA FAQs (Frequently Asked Questions)

· HOPWA Short-Term Rent, Mortgage, and Utility Assistance Guidebook

· HOPWA Rental Assistance Guidebook

· HUD Community Planning and Development Monitoring Handbook

· HOPWA Income and Rent Calculation Curriculum For technical assistance, please contact your contract administrator.

Exhibit B, Page 1 of 2