Permanent_Supportive_Housing_Program_MOU.pdf

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE HOUSING DEVELOPMENT CORPORATION OF ROCK HILL,

AND

THE SERVICE PROVIDER

1. Purpose & Guiding Principles

This agreement for services entered into on the ________day of ____________, 202X is between the Housing Development Corporation of Rock Hill, hereby after referred to as “Owner”, _____________, hereby after referred to as “Property Manager”, and ____________________, hereby after referred to as “Service Provider”.

The purpose of this MOU is to establish the roles, responsibilities, and expectations of each Party in the administration and operation of the Supportive Housing Program in Rock Hill, South Carolina. The Supportive Housing Program, grounded in the “Housing First” model, prioritizes providing individuals who meet the Department of Housing and Urban Development (HUD)’s definition of “chronic homelessness” with access to safe, stable, and permanent housing without preconditions, while offering voluntary supportive services designed to promote housing stability, improve quality of life, and increase self-sufficiency.

The primary eligibility requirements for applicants to the Supportive Housing Program are as follows:

• The applicant must be referred to the program by the Service Provider.

• The applicant, or the head of household in the case of a family, must meet the U.S.

Department of Housing and Urban Development (HUD) definition of chronically homeless, have documentation of a qualifying disability, and be referred through the local Coordinated Entry System.

• The household size must be appropriate for the size and occupancy standards of the available unit.

• The individual or household should have a gross monthly income of at least two times the monthly rent, in accordance with the Owner's established requirements.

The Housing First Model prioritizes finding housing for those experiencing homelessness before addressing other needs, goals, or issues. This approach is guided by the idea that once the basic needs are met, individuals are more likely to be successful at secondary activities like finding a job, making a budget, or attending mental health services. Additionally, the Housing First model values the freedom of choice in as many places as possible such as housing selection and supportive services selection.

While this program does not offer choice in physical structure, the Service Provider should offer as many options for supportive service participation as possible. Participation in services is voluntary and is not a condition of tenancy. The guiding principles of supportive housing services are:

• Services are individualized and tailored to each tenant's strengths, needs, goals, and preferences.

• Services are flexible and adjusted in type, frequency, and intensity based on the tenant's changing needs.

• Services are ongoing and are not subject to predetermined time limits, allowing tenants to receive support for as long as it is needed to maintain housing stability.

• Services are primarily provided in the tenant's home or within the community, using a person-centered approach that best meets the tenant's needs and promotes independent living.

2. Agency Roles & Responsibilities

The success of the Supportive Housing Model is predicated upon a constructive, functioning partnership between the Owner, Property Manager, and Service Provider. This partnership must be grounded in a clear understanding of each agency’s role in serving tenants, a commitment to upholding the principles of the model, and a capacity to maintain open lines of communication between the agencies, except when constrained by tenant confidentiality concerns.

a) ____________________ hereby after known as “Service Provider”, is responsible for the provision of case management with the goal of supporting tenant housing stability, promotion of successful tenancy, and maintaining a housing-first approach that emphasizes voluntary supportive services and tenant self-determination. Service Provider responsibilities include:

i) Making the initial referral of all applicants and ensure each applicant meets the eligibility requirements outlined in this MOU prior to their referral.

ii) Maintaining an active Homeless Management Information System (HMIS) license and utilize HMIS in accordance with the applicable Continuum of Care (CoC) data quality, privacy, and security standards.

iii) Making supportive case management services available to all tenants throughout their enrollment in the program.

iv) Making reasonable efforts to engage with each tenant at least monthly to assess needs, monitor housing stability, and provide ongoing support.

v) Assisting tenants in identifying barriers to housing stability and developing strategies to address those barriers.

vi) Providing referrals and connections to community resources and supportive services, including but not limited to:

(1) Physical healthcare services

(2) Mental health services

(3) Substance use treatment services

(4) Employment and workforce development services

(5) Benefits acquisition and retention assistance

(6) Transportation resources

(7) Financial literacy and budgeting assistance

(8) Other services that support long-term housing stability

vii) Maintaining documentation of case management contacts, referrals, outreach efforts, and participant progress in accordance with applicable program requirements and agency policies.

viii) Acknowledge and uphold the following tenant rights:

(1) Participation in case management services is voluntary and shall not be required as a condition of housing.

(2) Tenants may decline case management services or refuse individual case management meetings without risk of housing termination or other program penalties.

(3) Home visits may be offered as a case management tool; however, tenants have the right to deny entry into their residence without penalty.

(4) Service Provider Staff must not search, inspect, or go through a tenant's personal belongings during home visits or other interactions.

ix) Communicate and coordinate with the Owner by:

(1) Notifying the Owner when a tenant has not engaged in a case management meeting for thirty (30) consecutive days despite reasonable outreach efforts.

(2) Documenting all outreach attempts made to re-engage tenants who are not actively participating in case management services.

(3) Informing the Owner regarding concerns that may impact a tenant's housing stability while maintaining tenant confidentiality and complying with applicable privacy requirements.

(4) Participating in case conferencing, coordination meetings, or other collaborative efforts requested by the Owner to support tenant success and housing retention.

x) Reporting any observed or disclosed lease violations, health and safety concerns, property damage, unauthorized occupants, or other housing-related concerns identified during case management contacts or home visits.

(1) These concerns should be submitted to the Owner withing two (2) business days of Service Provider Staff becoming aware of the issue.

(2) The reporting of concerns to the Owner does not make the Service Provider responsible for lease enforcement or property management activities.

xi) Work collaboratively with the tenant and the Owner to address concerns and support successful tenancy whenever possible.

xii) Acknowledges that the roles of case management and property management are separate and distinct.

(1) The Service Provider serves solely as the case management provider for program participants. Nothing in this agreement shall be construed as granting the Service

Provider authority to make housing, tenancy, or property management decisions on behalf of HDC or its designated property management agent.

(2) The Owner and/or the designated Property Manager shall retain responsibility for all housing operations, property management activities, lease administration, and enforcement of lease requirements.

(3) The Service Provider is not responsible for:

(a) Lease execution or modification

(b) Applicant screening or approval

(c) Rent collection

(d) Property inspections conducted for property management and grant purposes

(e) Maintenance requests or maintenance coordination

(f) Enforcement of lease terms

(g) Eviction proceedings

(h) Property management functions of any kind

b) The Housing Development Corporation of Rock Hill, hereby after known as “Owner”, is responsible for the organization and operations coordination behind the scenes including:

i) Maintaining a housing stock for the Supportive Housing Program.

(1) Unit designation will be communicated to the Service Provider prior to lease signing.

ii) Developing and maintaining agreements between all parties to further the purpose of the program.

iii) Maintaining the property and making repairs as needed in coordination with Property Management.

(1) Lawn Mowing and quarterly air filter replacements included free of charge to tenants.

iv) Conducting regular unit inspections and consulting the Service Provider if anything needs to be addressed.

v) Being the intermediary between the Service Provider and Property Manager on tenant related issues.

vi) Coordinate with Property Manager when determining lease renewals as outlined in the lease agreement.

c) _____________, hereby after known as “Property Manager”, is to manage the day-to-day operations, as outlined in the current Residential Property Management Agreement with the Owner. The Property Manager duties include:

i) Collecting rent and other fees as outlined in the current Residential Property

Management Agreement.

ii) Conducting application intakes and background checks.

iii) Serving notices and attending to legal matters relating to the lease agreement.

iv) Being the first point of contact for tenants on property matters.

v) Making property repairs as needed, in coordination with the Owner.

vi) Coordinating with Owner on any tenant related issues.

vii) Coordinate with Owner on determining lease renewals as outlined in the lease agreement.

3. Tenant Responsibilities

The tenant is responsible for following the terms of the lease agreement. While case management services are voluntary, monthly inspections will happen in lieu of case management should a tenant opt out of receiving these services. Tenants will receive a program agreement outlining the expectations of tenancy in a Supportive Housing Unit that will be made available for the Service Provider to review.

4. Reporting Requirements:

Quarterly meetings shall take place between the Owner and the Service Provider to discuss tenant progress, share updates on program operations, and ensure continued alignment in service delivery and program expectations. These meetings are intended to provide space for collaborative problem-solving, discussion of successes and challenges related to tenant stability, and general check-ins regarding staff capacity and support needs. The meetings may also include conversations around documentation practices, including the storage and organization of client-related records, to help ensure consistency, confidentiality, and alignment with program expectations.

5. General Terms

This Memorandum of Understanding will be effective on the ________day of ____________, 202X and will continue through the ________day of ____________, 202X. This agreement will be automatically renewed with the same terms and conditions annually thereafter. Otherwise, this Agreement may be terminated in accordance with the section on Termination below.

a) Termination

i) Any party may terminate this Agreement by giving the other parties sixty (60) days prior written notice. The party wishing to terminate this agreement for cause must provide a written intent to terminate notice to the party in breach or default. The notice will provide sixty (60) days for the party in breach or default to respond to said notice with an acceptable plan to cure cause for termination.

b) Confidentiality

i) Owner, Property Manager, and Service Provider agree that by virtue of entering into this

Agreement they will have access to certain confidential information regarding the other party’s operations related to this project. The Owner, Property Manager, and Service Provider further agree that they will not at any time disclose confidential information and/or material without the consent of that party unless such disclosure is authorized by this Agreement or required by law. Confidential client information will be handled with the utmost discretion and judgment.

c) Arbitration

i) Should any party wish to commence an action for damages under this Agreement, it shall be required to adjudicate the dispute through binding arbitration under the rules of The American Arbitration Association or under such rules to which the parties may agree.

Any award rendered by the arbitrator shall be final and binding upon each of the parties, the judgment there upon shall be borne equally by both parties. During the course of arbitration and until a final settlement has been reached, this agreement shall remain in full force and effect unless otherwise terminated as provided in this Agreement.

d) Hold Harmless

i) The Owner and Service Provider will indemnify and hold the Property Manager harmless from all claims, demands, suits or other forms of liability that may arise against the Owner, Service Provider, and/or Property Manager for or on account of any action taken by the Tenant.

Signed:

Corinne Sferrazza, Executive Director Date

The Housing Development Corp. of Rock Hill

, Property Manager Date

_________, Executive Director Date

Service Provider