ct balance of state continuum of care monitoring 2015 - … · ct balance of state continuum ......

CT Balance of State Continuum of Care Monitoring 2015 Agency: Project Monitored: Grant Number: Monitoring Date: Contract Year Monitored: Total Grant Amount: Number of Households Served PIT: Type of CoC Funds: Program Type: Housing Innovations Staff Participating in Visit:

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CT Balance of State Continuum of Care Monitoring 2015

Grantee Monitoring Tool & Guide Updated 1/12/15

1. Using This Document • This document will be used during monitoring visits and includes all requirements that

will be monitored. • Embedded in the tool is guidance regarding HUD and CT BOS requirements. This

guidance is intended to help CoC program recipients and subrecipients to maintain compliance with requirements and prepare for CT BOS and HUD Monitoring.

• As we learn from the monitoring process about what is most helpful to recipients/subrecipients, we will make adjustments to the document.

• Standards have been strategically selected from among HUD and CT BOS requirements to enable a one day monitoring visit. Projects are required to maintain compliance with all requirements, including those that are not monitored.

• Projects monitored will receive a completed version of this tool approximately 30 days after the monitoring visit.

2. Document assembling and review Prior to monitoring – obtain or request the following documents from grantee :

� HUD grant agreement for the project being monitored, including any amendments � HUD project application (renewal or new, as appropriate) for the contract year being

monitored � Most recent Annual Performance Report (APR) submitted to HUD � List of all participants served in past 12 months, including admission date and discharge

date, if applicable (Initials or unique identifier only) � List of all applicants declined for admission in the past 12 months (Initials or unique

identifier only) � Most recent complete audit for the grantee being monitored - (if the agency is in receipt

of $750,000 or greater in Federal funding in the most recent fiscal year completed, the audit must meet OMB standards for a single audit under OMB Circular A-133 (please see: http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=507fdf090cc45530e24e09ca63b4ce1b&n=pt2.1.200&r=PART&ty=HTML#sp2.1.200.f for information on OMB requirements.)

� Most recent two LOCCS vouchers � Most recent close out certification executed by HUD and your agency � List of all staff billed to HUD CoC contract, including name, title and % FTE billed to HUD

CoC contract � Written policies and procedures for the management of the CoC program (if the grantee

has this), including: Confidentiality policy Conflict of Interest policy

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http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=507fdf090cc45530e24e09ca63b4ce1b&n=pt2.1.200&r=PART&ty=HTML%23sp2.1.200.f




Eligibility and intake requirements for the program being monitored Intake policy for the program being monitored (including all documents

provided to participants and all documents participants must sign) – PSH only Non-discrimination policy of grantee Service planning policy for the program being monitored Client assessment policy for the program being monitored Procurement policies Agency Code of Conduct Release of information forms provided to and completed by program

participants. � Job descriptions for all positions funded through CoC grant � Accounting policy and procedures manual including:

Procedures for recording financial transactions Written guidelines for authority to approve financial transactions Guidelines for controlling expenditures including purchasing requirements and

travel authorizations How accounting records are to be maintained

Upon arrival on site, request the following:

PLEASE NOTE: If applicable, monitors will also need access to the following for charts selected: leases/occupancy agreements, most recent rent calculations, environmental reviews , documentation of rent reasonableness, documentation of HQS inspections , documentation of Lead Based Paint Visual Inspections. Additionally, should the monitoring identify issues with the client charts under review, the monitors may seek to review additional charts to determine the pervasiveness of the issue.

� Charts of 5 participants currently enrolled in and/or recently discharged from the program ,

including at least one participant discharged in the past 12 months and one participant admitted in the past 12 months (if applicable).

Indicate Initials of Charts Selected and, if applicable, discharge/admission status #1 ___________

� Discharge � Admission

#2 ___________


#3 ___________


#4 ___________


#5 ___________


#6 ___________


#7 ___________


#8 ___________


#9 ___________


#10 ___________


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� Applications, disposition records, and all related documents from at least one applicant recently denied admissions to the program - please have available a list of all applicants denied in the past 12 months.

Indicate Initials of Charts Selected:

#1: #2: #3:

3. Visual Observation 1) Are financial records and valuables secured in limited access area?

Yes No

Guidance: Recipients shall adequately safeguard all such assets and assure they are used solely for authorized purposes.

Reviewer Comments:

2) Are client files maintained in a confidential manner?

Yes No Guidance: Recipients shall adequately safeguard charts and assure they are used solely for authorized purposes. Reviewer will look for evidence of locked charts and for proper safeguarding of client names and other confidential materials .578.103(b) Confidentiality

Reviewer Comments:

3) Drug free work place statement

Yes No

Guidance: Agency must have a drug free work place statement that complies with the requirements of 24 CFR 21.200 and has been posted in an area visible to all employees engaged on the CoC award.

Reviewer Comments:

4) Physical plant

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A. Residents have adequate space with an acceptable place to sleep

Yes No

B. Rooms have natural or mechanical ventilation

Yes No

C. Residents have access to sufficient sanitary facilities

Yes No

D. Heating and cooling is adequate/in working condition

Yes No

E. Electricity/Illumination is adequate

Yes No

F. Space/equipment to store and prepare food in a sanitary manner is suitable

Yes No

G. Smoke detector is present on each occupied level of unit

Yes No

H. Public areas have sufficient smoke detectors

Yes No I. Housing is maintained in a sanitary condition

Yes No

Guidance: Items above are intended to inform a brief review of physical plant conditions. All housing assisted through leasing or rental assistance with CoC funds Must be inspected prior to occupancy and re-inspected at least annually using HUD Housing Quality Standards (see Section E #32)

Reviewer Comments:

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4. Monitoring Checklist a. Match/Leverage Documentation

Complete table below.

Activity Amount Pledged in Application

Documented Amount on Site

Cash In-kind Cash In-kind Acquisition Rehabilitation New Construction Rental Assistance Supportive Services Operating Costs HMIS Administrative Costs

5) Required match. Is the required match met? All above funds must be matched by at least 25% of funds or in-kind contributions from other sources. [578.53(a)] Yes No Guidance: Agency must demonstrate by cash receipt in accounting records or MOU as specified below for in-kind that the required match was met for the program year being monitored.

Reviewer Comments:

6) In-Kind Match MOU. If the match has been met in whole or in part by services provided by a third party, is there a MOU that indicates: the hourly rate for the services (must be consistent with those paid for similar services); specific service to be provided; and profession of persons providing the service [578.73(c)(3)] Yes No

Reviewer Comments:

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7) Eligibility of match. If match is met by in-kind contributions, would the services, goods,

equipment, real property that is providing the match have been an eligible expense under Subpart D of the HEARTH CoC program? [578.73(c)(1)] Yes No Guidance: For each component type (e.g. Rental Assistance, Supportive Services, Operating) eligible activities are defined in Subpart D of the HEARTH Interim Rule. Match must be used only for eligible activities. See Appendix I

Reviewer Comments:

8) Documentation of in-kind match. Does the grantee have documentation of the service hours

provided where these hours are used as in-kind match? [578.73(c)(3)(ii)] Yes No Guidance: Volunteer services shall be documented and, to the extent feasible, supported by the same methodology used by the recipient for employees; the basis for determining the value of personal services must be documented.

Reviewer Comments:

9) Documentation of leverage. Does the grantee have required documentation of leveraging as

defined in the NOFA under which the project was funded? Yes No Guidance: Commitment letter(s) on file that are dated within 60 days of 1/18/2013 and demonstrating a minimum of 150 percent leveraging . A written commitment may include signed letters, memoranda of agreement, or other documented evidence of a commitment. All written commitments must be signed and dated by an authorized representative, and should include the name of the contributing organization, the type of contribution (cash, child care, case management, etc.), the value of the contribution, and date the contribution will be available. It is also important that the written commitment include the project name and be addressed to the project applicant or subrecipient.

Reviewer Comments:

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b. Administrative costs and requirements 10) Administration fee. Review APR and grant application for amounts requested for

administrative expenses. Calculate the percentage that administrative costs represent of the total grant. Percent of administrative funding: ___________ (CT BOS projects restricted to 7% or less) Yes No

Reviewer Comments:

11) Eligibility of Administrative Costs: If administrative funds are used for general management, oversight and coordination, has the grantee included the entire salary, wages and related costs of persons whose primary activity is program administration or has it pro-rated the share of time of each person whose job includes any administrative function. Has the grantee used only one of these methods for each fiscal year grant? [578.89(a)(1)] Yes No

Reviewer Comments:

12) Allocation of Administrative costs. Have administrative costs been allocated to the following

eligible activities: general management, oversight and coordination including travel costs associated with monitoring; contracts for legal, accounting or audit services; costs for goods and services required for administration of the program including equipment rental and purchase, insurance, utilities, supplies, rental and maintenance of office space; Training on Continuum of Care requirements (providing or participating in HUD sponsored trainings); or Environmental Review [578.59(a)] Yes No

Guidance: Reviewers will request a report showing administrative expenses drawn down and expended during the contract period.

Reviewer Comments:

13) Staff eligibility for administrative costs. Does a randomly selected review of administrative personnel costs reveal that staff paid from CoC funds are working on eligible CoC funded activities? [578.59] Yes No

Guidance: If personnel costs are assigned to administration, reviewers will look for backup (e.g. time sheets) that shows staff was working on administrative activities for the time billed.

Reviewer Comments:

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14) Homeless Participation. Does the grantee meet the participation requirements? (Each

grantee and sub-grantee must have at least one homeless or formerly homeless individual on the board of directors or equivalent policy making entity. Each grantee and sub-grantee must to the maximum extent practicable involve homeless people through employment or volunteer services.) [578.75(g)] Yes No

Reviewer Comments:

15) Nondiscrimination and equal opportunity requirements. Does the project comply with the nondiscrimination and equal opportunity requirements set forth in 24 CFR 5.105(a)? [578.93 (a)] Yes No Guidance: Recipients, subrecipients and partner agencies are subject to federal civil rights laws, including Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. For more information about these laws, see Appendix II or www.hud.gov/offices/fheo/FHLaws/index.cfm.

Reviewer Comments:

C. Financial Management 16) Internal controls. Do the fiscal records indicate that the grantee has effective internal

control over, and accountability for, all grant funds, property and other assets? [84.21(b) and 85.20(b)] Yes No

Reviewer Comments:

17) Recording of expenses. Do the grantees accounting records identify expenditures according to eligible activities [578.37-578.59] Yes No

Reviewer Comments:

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http://www.hud.gov/offices/fheo/FHLaws/index.cfm


18) Expenditure eligibility. Randomly select financial transactions. Does a review of these transactions reveal that CoC expenditures were for eligible costs and that the transactions were supported by adequate source documentation? [578.37-578.59; 84.21(b); and 85.20(b)] Yes No

Guidance: For each component type (e.g. Rental Assistance, Supportive Services, Operating) eligible activities are defined in Subpart D of the HEARTH Interim Rule. See Appendix I

Reviewer Comments:

19) Payroll documentation. Are charges for salaries and wages based on payrolls documented by appropriate time sheets (including timesheets indicating actual times worked) and approved by responsible official of the grantee? [OMB Circular A110 & A122] Yes No

Reviewer Comments:

20) Allocation of salaries. If salaries involve payments from more than one CoC activity line (i.e., Rental Assistance, Leasing, Operating Costs, and Supportive Services) can payments for wages be clearly tracked to the eligible CoC activities? [84.21(b) and 85.20(b)] Yes No

Reviewer Comments:

21) Program Income. Has program income earned by grantee been added to funds committed

to project by HUD and used for eligible activities under 24 CFR Part 578 [578.97(b)] Yes No

Reviewer Comments:

22) Indirect costs. If indirect costs have been charged, does the grantee have an indirect cost rate proposal that is in accordance with OMB Circulars A-87 or A-122, as applicable? [578.63] Yes No

Reviewer Comments:

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23) Separation of duties: is there evidence that financial duties are separated so that no one individual has complete authority over a financial transaction? [OMB Circular A110 & A122] Yes No

Reviewer Comments:

24) LOCCS. Does withdrawal information from the Line of Credit Control System (LOCCS) match the information from the CoC grantee’s drawdown voucher requests? [OMB Circular A110 & A122] Yes No

Reviewer Comments:

25) Travel. Review a sample of travel expenditures. Were they necessary and proper? Was reimbursement in accordance with GSA policies? [OMB A-122] Yes No

Reviewer Comments:

26) Eligibility of expenditures. Do CoC funded expenditures reviewed meet program and fiscal eligibility requirements? [578.37-578.59 and OMB A-122] Yes No

Reviewer Comments:

27) Equipment: Does the grantee maintain equipment records that contain information required (item, date acquired, cost, serial number, Federal share of acquisition)? [85.32 & 84.34] Yes No

Reviewer Comments:

28) Equipment: Has a physical inventory of the equipment been taken and the result reconciled with the property records in the past two years? [85.32 and 84.34] Yes No

Reviewer Comments:

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29) Conflicts of interest. Does the grantee meet the conflict of interest requirements (no financial interests or benefit from assisted activity on part of staff (or person with whom the staff member has immediate family or business ties) during his/her tenure with organization and one year following his/her tenure. This includes, procurement, rent reasonableness determinations and housing quality inspections for a property owned by the grantee or sub-grantee)? [578.95]

Yes No Guidance: Sample “Rent Reasonableness Checklist and Certification” form available at: www.hud.gov/offices/cpd/affordablehousing/library/forms/rentreasonablechecklist.doc

Reviewer Comments:

D. Reporting and Contract Requirements 30) APR. Was the most recent APR submitted to HUD no later than 90 days from the date of

the end of the project’s grant term? [578.103 (e)] Yes No

Reviewer Comments:

31) Close-out. Were all close out reports required by HUD submitted no later than 90 days from the date of the end of the project’s grant term and as instructed in the closeout certification issued by HUD? [578.109 (b)] Yes No Balance Remaining indicated on Closeout Certification: $_________________________

Reviewer Comments:

32) Grant amendment. If there was a significant change made that required a grant amendment, is an executed amendment on file? Significant changes include, a change of recipient, a shift in a single year of more than 10 percent of the total amount awarded under the grant for one approved eligible activity category to another activity and a permanent change in the subpopulation served by any one project funded under the grant, as well as a permanent proposed reduction in the total number of units funded under the grant. [578.105 (a)] Yes No

Reviewer Comments:

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http://www.hud.gov/offices/cpd/affordablehousing/library/forms/rentreasonablechecklist.doc

http://www.hud.gov/offices/cpd/affordablehousing/library/forms/rentreasonablechecklist.doc


33) Number of Participants. Is the number of participants currently being served consistent with the number in the approved application? Yes No

Reviewer Comments:

E. Housing Assistance 34) Housing Quality Standards. Has all housing assisted through leasing or rental assistance

with CoC funds been inspected prior to occupancy and re-inspected at least annually? [587.75(b)]

Yes No

Reviewer Comments:

35) Habitability Standards. Has all assisted housing not required to be inspected using Housing Quality Standards been inspected for habitability prior to occupancy and re-inspected at least annually? Guidance: CT BOS Best Practice recommendation; see visual observation section #4 Physical Plant for suggested criteria Yes No

Reviewer Comments:

36) Occupancy Agreements. Does grantee have a signed occupancy agreement/lease with all program participants residing in housing (permanent housing must have an initial one year agreement; transitional must have at least a monthly agreement). [578.77(a) and 578.51(l)]

Yes No

Reviewer Comments:

Permanent Supportive and Transitional Housing Calculation of occupancy charges/rent. 37) A. Calculation. If grantee imposes occupancy charges is income calculated in accordance

with 24 CFR 5.609 and 5.611 and is the rent charged not greater than 30% of family’s adjusted income or 10% of gross income? [578.77(b)] Yes No

Guidance: If grantee has used the CPD income calculator and this is documented by system printouts, then no further assessment is required. If the grantee is using something other than the CPD income calculator, review calculations in selected client’s charts to be sure HUD requirements are followed. HUD CPD Income Calculator available at:

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https://www.hudexchange.info/resource/2079/cpd-income-eligibility-calculator/

Reviewer Comments:

37) B. Adjustment. Is rent adjusted upon notification of change in income? [578.77(c)] Yes No

Reviewer Comments:

37) C. Review. Is income reviewed annually or when there is a change in income and is documentation of the review on file? [578.77(c)]

Yes No

Reviewer Comments:

RRH Calculation of occupancy rent

38) A. Calculation. Is income calculated in accordance with 24 CFR 5.609 and 5.611 and is the rent charged not less than 30% of family’s adjusted income? Is total rental assistance received by each participant not more than $2500 in the initial 3 month period, $2000 for months 4 to 6, $1500 for months 7 to 9, and $1000 for months 10 to 12 or has the program documented approval for a higher amount of assistance by the CAN or, as necessary, the CT BOS chairs if relevant CAN is not operational? Yes No

Reviewer Comments:

38) B. Adjustment. Is rent adjusted upon notification of change in income? [578.77(c)]

Yes No

Reviewer Comments:

38) C. Review. Is income reviewed at least every 90 days or when there is a change in income and is documentation of the review on file? Yes No

Reviewer Comments:

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https://www.hudexchange.info/resource/2079/cpd-income-eligibility-calculator/


39) Rent Reasonableness. If grant funds are used to lease individual units or if rental assistance is provided, has the grantee conducted a rent reasonableness determination? [578.49(b) and 578.51(g)] Yes No

Guidance: When grants are used to pay rent for all or part of a structure or structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. In addition, the rent paid may not exceed rents currently being charged by the same owner for comparable unassisted space. The recipient or subrecipient must determine whether the rent charged for the unit receiving rental assistance is reasonable, taking into account the location, size, type, quality, amenities, facilities, and management and maintenance of each unit.

Reviewer Comments:

40) FMR Ceilings. If CoC grant funds are used to lease individual units, has the grantee observed the limitation that rents may not exceed Fair Market Rents? [578.49(b)]

Yes No

Reviewer Comments:

41) Security Deposits. If the grantee uses CoC funds for security deposits, are the amounts of the deposits not in excess of two months’ rent? [578.49(b) and 578.51(a)]

Yes No

Reviewer Comments:

42) Limitation on transitional housing. Has the grantee observed the 24 month time limit for transitional housing? [578.79] Yes No Guidance: A homeless individual or family may remain in transitional housing for a period longer than 24 months, if permanent housing for the individual or family has not been located or if the individual or family requires additional time to prepare for independent living (should be documented in client chart). However, HUD may discontinue assistance for a transitional housing project if more than half of the homeless individuals or families remain in that project longer than 24 months.

Reviewer Comments:

43) Lead based paint. Has the grantee conducted a visual assessment of all units receiving financial assistance if the unit was constructed prior to 1978 and if there will be a child under 6 years of age or a pregnant woman residing in the unit? [578.99(f)] Yes No

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Guidance: Units must be inspected to identify deteriorated paint ( i.e., chipping, cracking, chalking, damaged, separated from substrate). For more information see: http://www.hud.gov/offices/lead/training/visualassessment/h00100.cfm

Reviewer Comments:

44) Environmental Review. Has the grantee complied with environmental review requirements (Grantee will not acquire, rehabilitate, convert, lease, provide sponsor or project based rental assistance, repair, dispose of, demolish or construct property or expend HUD funds until an Environmental Review under 24 CFR part 50 has been completed and the grantee has received HUD approval of the property)? [578.31] Yes No

Guidance: Monitors will review files for evidence of environmental review and notice of HUD approval. For more guidance see: http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_8698.pdf https://www.hudexchange.info/environmental-review/

Reviewer Comments:

45) Dwelling size. Does the dwelling unit have at least one bedroom or living/sleeping room for each two persons)? [578.75 (c)] Yes No

Chart #1 Chart #2 Chart #3 Chart #4 Chart #5 Chart #6 Chart #7 Initials # People # Bedrms

Reviewer Comments:

46) Retention of assistance in PSH. Has a family been able to retain rental assistance until the expiration of the lease in effect when qualifying member died, was incarcerated, or institutionalized? [578.75 (i)] Yes No

Reviewer Comments:

47) Program fees. Has the grantee charged program participants any fees other than rent? [578.87(d)] Yes No

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http://www.hud.gov/offices/lead/training/visualassessment/h00100.cfm

http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_8698.pdf

https://www.hudexchange.info/environmental-review/

CT Balance of State Continuum of Care Monitoring 2015 Reviewer Comments:

48) Restriction on combining funds. Does the project comply with HUD’s restriction on combining funds (i.e., In a single structure or housing unit, the following types of assistance may not be combined: Leasing and acquisition, rehabilitation, or new construction; Tenant-based rental assistance and acquisition, rehabilitation, or new construction; Short- or medium-term rental assistance and acquisition, rehabilitation, or new construction; Rental assistance and leasing; or Rental assistance and operating)? [578.87 (b)] Yes No

Reviewer Comments:

f. Participant eligibility

Chronic Homelessness

49) A. Designated. If the project has designated /prioritized chronically homeless beds, does the correct portion of households assisted meet the definition of chronic homelessness and has the grantee maintained documentation that applicable households served meet HUD’s definition of chronic homelessness? [578.3]

Yes No

Guidance: See Appendix III and HUD Notice: Prioritizing Persons Experiencing Chronic Homelessness in PSH & Recordkeeping Requirements for Documenting Chronic Homeless Status

https://www.hudexchange.info/resource/3897/notice-cpd-14-012-prioritizing-persons-experiencing-chronic-homelessness-in-psh-and-recordkeeping-requirements/

Reviewer Comments:

49)B. Minimum commitment. Is the project either already serving a minimum of 40% chronically homeless persons or families, or does every household newly admitted meet the definition of chronically homeless? [CT BOS Policies and Procedures – Applies to PSH only beginning December 2013] Yes No

Reviewer Comments:

50) Homeless status. Has the grantee maintained documentation that indicates that all households served meet HUD’s definition of homelessness? [578.3]

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Yes No

Guidance: See Appendix IV

Reviewer Comments:

51) Disability status for permanent supportive housing. Do all households served in permanent supportive housing meet HUD’s definition of a disabled household? [578.37(a)]

Yes No

Guidance: See Appendix V

Reviewer Comments:

52) Rapid Rehousing. Are CoC grants providing rapid rehousing and funded through the 2013-2014 competition only serving families who were in emergency shelter or were unsheltered prior to receiving rapid rehousing assistance? [2013 NOFA I, II, A, 3 b “Rapid rehousing projects must serve households with children living on the streets or in emergency shelter.”]

Yes No

Reviewer Comments:

53) Rapid Rehousing. Is the program only serving clients with 1) income initially at or below 50% of AMI, 2) income at or below 30% of AMI at each 90 day re-evaluation, and 3) who have completed a VI-SPDAT during their current episode of homelessness? [CT. BoS Policies and Procedures] Yes No

Guidance: As per CT BOS P&P, households with no income at initial or re-evaluation are eligible. As per HUD, households who are eligible for PSH and awaiting PSH placement may receive RRH assistance and will retain their homeless and, if applicable, chronic homeless status.

Reviewer Comments:

54) Rapid rehousing. Is the program prioritizing all unsheltered households regardless of length of their current episode of homelessness and sheltered households whose current episode of literal homelessness has been at least seven days in duration and is the program documenting whether households meet this criteria using HMIS data and, as necessary, permissible written documentation of unsheltered homelessness? (CT BoS Policies and Procedures) Yes No

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Guidance: Documentation standards are available in HEARTH Homeless Definition Final Rule at https://www.hudexchange.info/resource/1928/hearth-defining-homeless-final-rule/

Reviewer Comments:

55) Rapid rehousing. Has rental assistance been provided for longer than 24 months. [578.37(a)]. Have case managers met with program participants at least monthly? [578.37(a)]

Yes No

Reviewer Comments:

56) Transitional housing. Households are moved to permanent housing within 24 months. [578.37(a)];

Yes No

Reviewer Comments:

57) Transitional Housing and Rapid Rehousing. Have services been provided to participants for a period not in excess of six months after they have been placed in permanent housing (TH) or after rental assistance stops (RRH)[578.53(b)]

Yes No

Reviewer Comments:

58) Transitional Housing. Is the program only serving clients with income at or below 30% of AMI? [CT. BoS Policies and Procedures] Yes No

Reviewer Comments:

59) Transitional Housing. Are all households screened for diversion prior to admission and only admitted if no other options are available? [CT. BoS Policies and Procedures]

Yes No

Reviewer Comments:

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https://www.hudexchange.info/resource/1928/hearth-defining-homeless-final-rule/

https://www.hudexchange.info/resource/1928/hearth-defining-homeless-final-rule/


60) Termination of Assistance. Review files of participants who have been terminated from the CoC program. Has the grantee met HUD requirements for terminating assistance (provide formal due process, written copies of rules, written notice of termination with clear statement of reasons for terminating, opportunity to appeal decision, and receiving written notification of final decision)? [578.91] Yes No

Reviewer Comments:

61) Involuntary separation of families. The age and gender of a child under age 18 must not be used as a basis for denying any family’s admission to a project or for separation when entering a project (projects serving families only). Does program being monitored meet these conditions? [578.93/2013 CoC Application] Yes No

Reviewer Comments:

62) Equal Access. Does program comply with HUD Final Rule on Equal Access? Yes No

Guidance: Final Rule available at https://www.hudexchange.info/resource/1991/equal-access-to-housing-final-rule/

Reviewer Comments:

63) Referrals from other systems of care. Before accepting participants into CoC programs from the Mental Health, Foster Care, Correctional or Public Health Systems, providers will work to ensure that all other discharge options have been exhausted. Accepting a person directly from publicly-funded institutions should only be considered if there are no other viable housing options and the person meets the eligibility criteria for the bed or unit. [CT. BoS Policies and Procedures] Does program being monitored meet these conditions? Yes No

Reviewer Comments:

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https://www.hudexchange.info/resource/1991/equal-access-to-housing-final-rule/

https://www.hudexchange.info/resource/1991/equal-access-to-housing-final-rule/

CT Balance of State Continuum of Care Monitoring 2015 g. Services

64) Rapid Rehousing: Assessment of need for rapid rehousing services. Has the grante re-evaluated all participants receiving rental assistance and/or case management at least every 90 days to determine that the participant lacks resources and support networks necessary to retain housing and that the continuation of assistance is necessary to avoid literal homelessness? [578.37(a) and CT BOS Policies and Procedures – HUD requires annual assessment, CT BOS requires at 90 day intervals). Yes No

Reviewer Comments:

65) Rapid Rehousing: Has the grantee demonstrated use of a progressive engagement model (i.e., staring with a small amount of assistance for the shortest period of time possible to help resolve homelessness then adding more resources, only as necessary, if the less intensive intervention is unsuccessful.)? (CT BOS Policies and Procedures). Yes No

Reviewer Comments:

66) Rapid Rehousing: Frequency of Case Management . Have participants met with case managers not less frequently than once/month? [578.37(a)]

Yes No

Reviewer Comments:

67) On-going assessment of supportive services needs. Has the grantee conducted on-going assessments of participant’s supportive services needs including the services needed, the availability of such services, and the coordination of services to ensure long-term housing stability? Is this documented in sampled client charts? [578.75(e)]

Yes No

Guidance: Recipients and subrecipients shall conduct an annual assessment of the service needs of the program participants and should adjust services accordingly. Sample assessment available at: http://www.csh.org/csh-solutions/community-work/housing-development-and-operation/assuring-quality-in-connecticut

Reviewer Comments:

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http://www.csh.org/csh-solutions/community-work/housing-development-and-operation/assuring-quality-in-connecticut



68) Services for Permanent Supportive Housing and SSO. Has the grantee made supportive services available to meet the needs of program participants? ( [578.37(a)] required by HUD for PSH, CT BOS Best Practices Recommendation for SSO)

Yes No Guidance: Monitors will look for evidence that services are provided with a frequency that is responsive to participant needs (e.g. evidence of appropriate and timely intervention on identified issues that threaten housing stability or health/wellbeing; evidence that, in general, contact/attempts occur at least two times/month; contact/attempts that are less are supported by an assessment indicating a lower level of service need); Sample service plan available at: http://www.csh.org/csh-solutions/community-work/housing-development-and-operation/assuring-quality-in-connecticut

Reviewer Comments:

69) Ineligible costs. Have any services been provided under ‘supportive services’ that are not specifically identified under 578.53(e)? Or have any services provided that exceed the scope of allowable services specified in 578.53?

Yes No Guidance: See Appendix I

Reviewer Comments:

70) Disability-related services. Has the grantee required project residents to participate in disability-related services? (this does not include substance abuse treatment services) [578.75(h)]

Yes No Guidance: Examples of disability-related services include, but are not limited to, mental health services, outpatient health services, and provision of medication, which are provided to a person with a disability to address a condition caused by the disability. (Note: CT BOS PSH projects are required to follow Housing First Principles – see below)

Reviewer Comments:

71) Housing First. All permanent supportive housing must follow Housing First principles including: housing is not contingent on compliance with services; tenants may only be terminated for lease violations or failure to carry out obligations under Connecticut’s Landlord and Tenant Act and many only be evicted from their units based on a valid court order; and services are provided post-housing placement to promote housing stability. [CT BoS Policies and Procedures]. Does PSH project follow Housing First principles? Yes No

22




Guidance: Complete Housing First Principles are included in Appendix VI .HUD Housing First Brief available at:

https://www.hudexchange.info/resource/3892/housing-first-in-permanent-supportive-housing-brief/

Reviewer Comments:

Confidentiality

72) A. Procedures. Has the grantee/sub-grantee developed written procedures to ensure: all client records containing identifying information are kept secure and confidential; address of any family violence project will not be made public; address or location of any housing or program participant will not be made public? [578.103(b)] Yes No

Reviewer Comments:

72) B. Releases. Is information sharing evidenced in chart authorized by a current release of information? [578.103(b)] Yes No

Reviewer Comments:

73) Educational Assurances: Designated Staff. If the grantee provides housing or services to families, has the grantee designated a staff person to be responsible for ensuring that children being served are enrolled in school and connected to appropriate services in the community including early childhood programs? [578.23(c)] Yes No

Reviewer Comments:

74) Educational Assurances: Policies and Practices. Are the project’s policies and practices consistent with the laws related to providing education services to individuals up to 24 years of age and families? [578.23(c)] Yes No

Reviewer Comments:

23



CT Balance of State Continuum of Care Monitoring

Links to Helpful Resources‐ Updated 12/22/14

CTBOS has compiled this list of resources to help CoC program grant recipients and

subrecipients to maintain compliance with HUD and CoC requirements. All updates will be

posted at the link indicated below.

CT BOS Resources

The following materials are available at:

http://www.csh.org/csh‐solutions/community‐work/housing‐development‐and‐

operation/2578‐2/

CT BOS Links to Helpful Resources

CT BOS Monitoring Guide

CT BOS Policies & Procedures

CT BOS Renewal Evaluation Criteria

Housing First Principles

HUD Resources

HEARTH CoC Program Interim Rule

https://www.hudexchange.info/resource/2033/hearth‐coc‐program‐interim‐rule/

HEARTH Homeless Definition Final Rule

https://www.hudexchange.info/resource/1928/hearth‐defining‐homeless‐final‐rule/

COC Program Frequently Asked Questions

https://www.hudexchange.info/coc/faqs/

HUD Notice: Prioritizing Persons Experiencing Chronic Homelessness in PSH &

Recordkeeping Requirements for Documenting Chronic Homeless Status

https://www.hudexchange.info/resource/3897/notice‐cpd‐14‐012‐prioritizing‐persons‐

experiencing‐chronic‐homelessness‐in‐psh‐and‐recordkeeping‐requirements/

HUD Equal Access Final Rule

https://www.hudexchange.info/resource/1991/equal‐access‐to‐housing‐final‐rule/

Sample “Rent Reasonableness Checklist and Certification” form

www.hud.gov/offices/cpd/affordablehousing/library/forms/rentreasonablechecklist.doc

HUD Environmental Review Requirements

https://www.hudexchange.info/environmental‐review/

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HUD Lead Based Paint Visual Assessment Training

http://www.hud.gov/offices/lead/training/visualassessment/h00100.cfm

HUD CPD Income Calculator

https://www.hudexchange.info/resource/2079/cpd‐income‐eligibility‐calculator/

HUD Housing First Brief

https://www.hudexchange.info/resource/3892/housing‐first‐in‐permanent‐supportive‐

housing‐brief/

eLOCCS Registration Guide

http://portal.hud.gov/hudportal/documents/huddoc?id=eloccs_registration_guide.pdf

Other Resources

CT Department of Children and Families: What Mandated Reporters Need to Know

http://www.ct.gov/dcf/cwp/view.asp?a=2556&Q=314384

Corporation for Supportive Housing Case Management Tools (including sample

assessment and service planning forms)

http://www.csh.org/csh‐solutions/community‐work/housing‐development‐and‐

operation/assuring‐quality‐in‐connecticut

Please help to keep these resources current . Notify [email protected] of any issues with links.

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Appendix I – Eligible Costs (Supportive Services, Operating,

Administration) – excerpted from HEARTH CoC Program Interim Rule

§ 578.53 Supportive services. (a) In general. Grant funds may be used to pay the eligible costs of supportive services that address the special needs of the program participants. If the supportive services are provided in a supportive service facility not contained in a housing structure, the costs of day‐to‐day operation of the supportive service facility, including maintenance, repair, building security, furniture, utilities, and equipment are eligible as a supportive service. (1) Supportive services must be necessary to assist program participants obtain and maintain housing.

(2) Recipients and subrecipients shall conduct an annual assessment of the service needs of the program participants and should adjust services accordingly. (b) Duration. (1) For a transitional housing project, supportive services must be made available to residents throughout the duration of their residence in the project.

(2) Permanent supportive housing projects must provide supportive services for the residents to enable them to live as independently as is practicable throughout the duration of their residence in the project.

(3) Services may also be provided to former residents of transitional housing and current residents of permanent housing who were homeless in the prior 6 months, for no more than 6 months after leaving transitional housing or homelessness, respectively, to assist their adjustment to independent living.

(4) Rapid rehousing projects must require the program participant to meet with a case manager not less than once per month as set forth in § 578.37(a)(1)(ii)(F), to assist the program participant in maintaining long‐term housing stability. (c) Special populations. All eligible costs are eligible to the same extent for program participants who are unaccompanied homeless youth; persons living with HIV/AIDS; and victims of domestic violence, dating violence, sexual assault, or stalking. (d) Ineligible costs. Any cost that is not described as an eligible cost under this section is not an eligible cost of providing supportive services using Continuum of Care program funds. Staff training and the costs of obtaining professional licenses or certifications needed to provide supportive services are not eligible costs. (e) Eligible costs. (1) Annual Assessment of Service Needs. The costs of the assessment required by § 578.53(a)(2) are eligible costs.

(2) Assistance with moving costs. Reasonable one‐time moving costs are eligible and include truck rental and hiring a moving company.

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(3) 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. Component services and activities consist of:

(i) Counseling;

(ii) Developing, securing, and coordinating services;

(iii) Using the centralized or coordinated assessment system as required under § 578.23(c)(9).

(iv) Obtaining federal, State, and local benefits;

(v) Monitoring and evaluating program participant progress;

(vi) Providing information and referrals to other providers;

(vii) Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking; and

(viii) Developing an individualized housing and service plan, including planning a path to permanent housing stability.

(4) Child care. The costs of establishing and operating child care, and providing child‐care vouchers, for children from families experiencing homelessness, including providing meals and snacks, and comprehensive and coordinated developmental activities, are eligible.

(i) The children must be under the age of 13, unless they are disabled children.

(ii) Disabled children must be under the age of 18.

(iii) The child‐care center must be licensed by the jurisdiction in which it operates in order for its costs to be eligible.

(5) Education services. The costs of improving knowledge and basic educational skills are eligible.

(i) Services include instruction or training in consumer education, health education, substance abuse prevention, literacy, English as a Second Language, and General Educational Development (GED).

(ii) Component services or activities are screening, assessment and testing; individual or group instruction; tutoring; provision of books, supplies, and instructional material; counseling; and referral to community resources.

(6) Employment assistance and job training. The costs of establishing and 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.

(i) Learning skills include those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates.

(ii) Services that assist individuals in securing employment consist of:

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(A) Employment screening, assessment, or testing;

(B) Structured job skills and job‐seeking skills;

(C) Special training and tutoring, including literacy training and pre‐vocational training;

(D) Books and instructional material;

(E) Counseling or job coaching; and

(F) Referral to community resources.

(7) Food. The cost of providing meals or groceries to program participants is eligible.

(8) Housing search and counseling services. Costs of assisting eligible program participants to locate, obtain, and retain suitable housing are eligible.

(i) Component services or activities are tenant counseling; assisting individuals and families to understand leases; securing utilities; and making moving arrangements.

(ii) Other eligible costs are:

(A) Mediation with property owners and landlords on behalf of eligible program participants;

(B) Credit counseling, accessing a free personal credit report, and resolving personal credit issues; and

(C) The payment of rental application fees.

(9) 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 the homeless individual or family’s ability to obtain and retain housing.

(i) Eligible subject matters are child support; guardianship; paternity; emancipation; legal separation; orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking; appeal of veterans and public benefit claim denials; landlord tenant disputes; and the resolution of outstanding criminal warrants.

(ii) Component services or activities may include receiving and preparing cases for trial, provision of legal advice, representation at hearings, and counseling.

(iii) 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.

(iv) Legal services for immigration and citizenship matters and issues related to mortgages and homeownership are ineligible. Retainer fee arrangements and contingency fee arrangements are ineligible.

(10) 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, substance abuse, and homelessness are eligible. These services must be necessary to assist the

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program participant to function independently in the community. Component life skills training are 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.

(11) Mental health services. Eligible costs are the direct outpatient treatment of mental health conditions that are provided by licensed professionals. Component 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.

(12) Outpatient health services. Eligible costs are the direct outpatient treatment of medical conditions when provided by licensed medical professionals including:

(i) Providing an analysis or assessment of an individual’s health problems and the development of a treatment plan;

(ii) Assisting individuals to understand their health needs;

(iii) Providing directly or assisting individuals to obtain and utilize appropriate medical treatment;

(iv) Preventive medical care and health maintenance services, including in‐home health services and emergency medical services;

(v) Provision of appropriate medication;

(vi) Providing follow‐up services; and

(vii) Preventive and non‐cosmetic dental care.

(13) Outreach services. The costs of activities to engage persons for the purpose of providing immediate support and intervention, as well as identifying potential program participants, are eligible.

(i) Eligible costs include the outreach worker’s transportation costs and a cell phone to be used by the individual performing the outreach.

(ii) Component activities and services consist of: 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 mainstream programs; and publicizing the availability of the housing and/or services provided within the geographic area covered by the Continuum of Care.

(14) Substance abuse treatment services. The costs of program participant intake and assessment, outpatient treatment, group and individual counseling, and drug testing are eligible. Inpatient detoxification and other inpatient drug or alcohol treatment are ineligible.

(15) Transportation. Eligible costs are:

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(i) the costs of program participant’s travel on public transportation or in a vehicle provided by the recipient or subrecipient to and from medical care, employment, child care, or other services eligible under this section. (ii) Mileage allowance for service workers to visit program participants and to carry out housing quality inspections;

(iii) The cost of purchasing or leasing a vehicle in which staff transports program participants and/or staff serving program participants;

(iv) The cost of gas, insurance, taxes, and maintenance for the vehicle;

(v) The costs of recipient or subrecipient staff to accompany or assist program participants to utilize public transportation; and

(vi) If public transportation options are not sufficient within the area, the recipient 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:

(A) 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);

(B) Payments for car repairs or maintenance must be paid by the recipient or subrecipient directly to the third party that repairs or maintains the car; and

(C) The recipients 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.

(16) Utility deposits. This form of assistance consists of paying for utility deposits. Utility deposits must be a one‐time fee, paid to utility companies.

(17) Direct provision of services. If the a service described in paragraphs (e)(1) through (e)(16) of this section is being directly delivered by the recipient or subrecipient, eligible costs for those services also include:

(i) The costs of labor or supplies, and materials incurred by the recipient or subrecipient in directly providing supportive services to program participants; and

(ii) The salary and benefit packages of the recipient and subrecipient staff who directly deliver the services. § 578.55 Operating costs. (a) Use. Grant funds may be used to pay the costs of the day‐to‐day operation of transitional and permanent housing in a single structure or individual housing units. (b) Eligible costs. (1) The maintenance and repair of housing;

(2) Property taxes and insurance;

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(3) Scheduled payments to a reserve for replacement of major systems of the housing (provided that the payments must be based on the useful life of the system and expected replacement cost);

(4) Building security for a structure where more than 50 percent of the units or area is paid for with grant funds;

(5) Electricity, gas, and water;

(6) Furniture; and

(7) Equipment. (c) Ineligible costs. Program funds may not be used for rental assistance and operating costs in the

same project. Program funds may not be used for the operating costs of emergency shelter‐ and

supportive service‐only facilities. Program funds may not be used for the maintenance and repair of

housing where the costs of maintaining and repairing the housing are included in the lease.

§ 578.59 Project administrative costs. (a) Eligible costs. The recipient or subrecipient may use up to 10 percent of any grant awarded under this part, excluding the amount for Continuum of Care Planning Activities and UFA costs, for the payment of project administrative costs related to the planning and execution of Continuum of Care activities. This does not include staff and overhead costs directly related to carrying out activities eligible under § 578.43 through § 578.57, because those costs are eligible as part of those activities. Eligible administrative costs include: (1) General management, oversight, and coordination. Costs of overall program management, coordination, monitoring, and evaluation. These costs include, but are not limited to, necessary expenditures for the following:

(i) Salaries, wages, and related costs of the recipient’s staff, the staff of subrecipients, or other staff engaged in program administration. In charging costs to this category, the recipient may include the entire salary, wages, and related costs allocable to the program of each person whose primary responsibilities with regard to the program involve program administration assignments, or the pro rata share of the salary, wages, and related costs of each person whose job includes any program administration assignments. The recipient may use only one of these methods for each fiscal year grant. Program administration assignments include the following: (A) Preparing program budgets and schedules, and amendments to those budgets and schedules;

(B) Developing systems for assuring compliance with program requirements;

(C) Developing agreements with subrecipients and contractors to carry out program activities;

(D) Monitoring program activities for progress and compliance with program requirements;

(E) Preparing reports and other documents directly related to the program for submission to HUD;

(F) Coordinating the resolution of audit and monitoring findings;

(G) Evaluating program results against stated objectives; and

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(H) Managing or supervising persons whose primary responsibilities with regard to the program include such assignments as those described in paragraph (a)(1)(i)(A) through (G) of this section. (ii) Travel costs incurred for monitoring of subrecipients;

(iii) Administrative services performed under third‐party contracts or agreements, including general legal services, accounting services, and audit services; and

(iv) Other costs for goods and services required for administration of the program, including rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space.

(2) Training on Continuum of Care requirements. Costs of providing training on Continuum of Care requirements and attending HUD‐sponsored Continuum of Care trainings.

(3) Environmental review. Costs of carrying out the environmental review responsibilities under § 578.31. (b) Sharing requirement. (1) UFAs. If the recipient is a UFA that carries out a project, it may use up to 10 percent of the grant amount awarded for the project on project administrative costs. The UFA must share the remaining project administrative funds with its subrecipients.

(2) Recipients that are not UFAs. If the recipient is not a UFA, it must share at least 50 percent of project administrative funds with its subrecipients.

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Appendix II ‐Fair Housing & Civil Rights Laws Overview

363333

Supportive Housing Program Grantees

October 2013

___________________________________________________________________

Fair Housing and Civil Rights Laws Supportive Housing Programs The Ohio Development Services Agency’s Office of Community Development helps meet the needs of vulnerable Ohioans by providing federal and state grant funding to local governments and nonprofit organizations operating homeless outreach, emergency shelters, homelessness prevention, rapid re-housing, transitional housing and permanent supportive housing, as well as emergency home repair. Supportive Housing Program grantees and partner agencies are subject to federal civil rights laws. This handout provides an overview of these laws, as well as highlights some of the major program issues that are affected by these laws. It also provides citation to additional resources with more extensive information about these laws. The laws discussed in this chapter include the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. Grantees and partner agencies are strongly encouraged to become familiar with the requirements of the laws, as well as any applicable state or local civil rights laws. By signing a grant agreement, recipients of the Supportive Housing Program funding certify that they will comply with these federal civil rights laws. Note: This document focuses on the applicability of these laws to homeless assistance programs. It does not provide a comprehensive overview of the applicability of these laws in all circumstances. For general information about these laws, see www.hud.gov/offices/fheo/FHLaws/index.cfm. Nondiscrimination and Equal Opportunity Requirements Grantees and partner agencies must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In addition, grantees and partner agencies must make known that rental assistance and services are available to all on a nondiscriminatory basis and ensure that all citizens have equal access to information about the program and have equal access to the financial assistance and services provided under this program. Among other things, this means that each grantee and partner agency must take reasonable steps to ensure meaningful access to programs to persons with limited English proficiency (LEP), pursuant to Title VI of the Civil Rights Act of 1964. This may mean providing language assistance or ensuring that program information is available in the appropriate languages for the geographic area served by the jurisdiction and that limited English proficient persons have meaningful access to assistance. This will be a particular issue for state grantees and partner agencies that may not be aware of LEP speaking populations in jurisdictions that are not normally served with Supportive Housing Program funds. To assist grantees and partner agencies, the U.S. Department of Housing and Urban Development (HUD) published the “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” (72 Federal Register 2732; January 22, 2007). In addition, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual, and other communication-related disabilities consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. If the procedures that the grantee or partner agency intends to use to make known the availability of the rental assistance and services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status or disability who may qualify for such rental assistance and services, the grantee or partner agency must establish additional procedures that will ensure that such persons are made aware of the rental assistance and services. Affirmatively Furthering Fair Housing Under Section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. Grantees and partner agencies have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability and familial status. Examples of affirmatively furthering fair housing include: (1) marketing the program to all eligible persons, including

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Fair Housing and Civil Rights Laws Page 2 persons with disabilities and persons with limited English proficiency; (2) making buildings and communications that facilitate applications and service delivery accessible to persons with disabilities (see, for example, HUD’s rule on effective communications at 24 CFR 8.6); (3) providing fair housing counseling services or referrals to fair housing agencies; (4) informing participants of how to file a housing discrimination complaint, including providing the toll-free number for the Housing Discrimination Hotline: 1- 800-669-9777; and (5) recruiting landlords and service providers in areas that expand housing choice to program participants. Equal Access to Housing Final Rule On February 3, 2012, HUD published a final rule in the Federal Register entitled “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” available at http://hudhre.info/documents/EqualAccess_FinalRule_2.3.12.pdf. This rule became effective March 5, 2012.

This rule applies to housing assisted or insured by HUD including homeless housing assistance programs. The rule creates a new regulatory provision that generally prohibits considering a person’s marital status, sexual orientation or gender identity (a person’s internal sense of being male or female) in making homeless housing assistance available. As the nation’s housing agency, HUD’s goal is to ensure that their programs are carried out free from discrimination and are models for equal housing opportunity. Effective March 5, 2012, lesbian, gay, bisexual and transgender people are guaranteed equal access to housing and shelters that receive HUD financial assistance.

The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, disability and familial status (i.e., presence of children in the household). Neither the Fair Housing Act nor Ohio’s Fair Housing Law specifically include sexual orientation and gender identity as prohibited bases. However, a lesbian, gay, bisexual or transgender (LGBT) person's experience with sexual orientation or gender identity housing discrimination may still be covered by the federal and state fair housing laws.

Examples:

A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS. That situation may constitute illegal disability discrimination under the Fair Housing Act because the man is perceived to have a disability, HIV/AIDS.

A property manager refuses to rent an apartment to a prospective tenant who is transgender. If the housing denial is because of the prospective tenant's non-conformity with gender stereotypes, it may constitute illegal discrimination on the basis of sex under the Fair Housing Act.

An underwriter for a Federal Housing Administration (FHA) insured loan is reviewing an application where two male incomes are being used as the basis for the applicants’ credit worthiness. The underwriter assumes the applicants are a gay couple and, as a result, denies the application despite the applicants’ glowing credentials. This scenario may violate HUD regulations which prohibit FHA-insured lenders from taking actual or perceived sexual orientation into consideration in determining adequacy of an applicant’s income.

In addition, housing providers that receive HUD funding, have loans insured by the Federal Housing Administration (FHA), as well as lenders insured by FHA, may be subject to HUD program regulations intended to ensure equal access of LGBT persons. HUD's regulations requiring equal access to LGBT persons include the following:

A general equal access provision which requires housing that is funded by HUD or subject to a mortgage insured by the Federal Housing Administration (FHA) to be made available without regard to actual or perceived sexual orientation;

Clarification that the terms "family" and "household" as used in HUD programs include persons regardless of actual or perceived sexual orientation; gender identity or marital status;

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http://hudhre.info/documents/EqualAccess_FinalRule_2.3.12.pdf

http://portal.hud.gov/hudportal/documents/huddoc?id=12lgbtfinalrule.pdf


Fair Housing and Civil Rights Laws Page 3

Prohibition on owners and operators of HUD-funded housing or housing insured by FHA from

asking about an applicant's or occupant's sexual orientation or gender identity for the purpose of determining eligibility or otherwise making housing available; and,

Prohibition on FHA lenders from taking into account actual or perceived sexual orientation or gender identity in determining the adequacy of a potential borrower's income.

HUD can withhold funding for those found to be discriminatory housing providers or can order housing providers to pay fines or restitution to victims of discrimination.

If you have a general question about LGBT fair housing issues or need information about HUD regulations intended to ensure equal access of LGBT persons, please email [email protected].

HUD LGBT webpage and resources: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/LGBT_Housing_Discrimination

THE FAIR HOUSING ACT The Fair Housing Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status and national origin. It applies to housing, regardless of the type of funding or ownership, including housing operated by private individuals or organizations that receive federal financial assistance, and housing owned or operated by state and local governments. The Fair Housing Act prohibits discrimination based on membership in a protected class in a broad range of housing-related activities, including refusing to lease a unit or otherwise denying use of a dwelling. It also prohibits discriminating in the terms, conditions, privileges or in the provision of services or facilities in connection with a dwelling. Other covered housing-related activities include, financing, zoning practices and new construction design. The Act covers all types of housing intended as a short- or long-term residence, including the following types of housing that may be funded under the Office of Community Development Supportive Housing Programs: shelters that house persons for more than a few days, transitional housing facilities and permanent housing facilities. The Fair Housing Act covers housing provided through dormitory-style sleeping units as well as apartments and single-room occupancy units. The Fair Housing Act regulations are found at 24 CFR Part 100. For additional technical information about the Fair Housing Act, see http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm. Nondiscrimination Requirements Related to Disability HUD published new guidance on June 4, 2013 for HUD-assisted housing providers on how they can support state and local Olmstead efforts to increase the integrated housing opportunities for individuals with disabilities who are transitioning from, or at serious risk of entering, institutions and other restrictive, segregated settings, encourage efforts to assist individuals with disabilities who are moving out of institutions and into housing within the community. This guidance will be helpful to individuals with disabilities and anyone engaged in the funding, development or operation of housing, the scope of this guidance is limited to HUD funding and programs. Recipients of HUD funds include, but are not limited, to: states, units of local government; public housing agencies; and developers of multifamily properties. Recipients do not include the individual beneficiaries of HUD-funded programs and activities. The guidance is located at http://portal.hud.gov/hudportal/documents/huddoc?id=OlmsteadGuidnc060413.pdf Definition of Persons with Disabilities All three federal civil rights laws addressing disability discrimination (the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act) define a person with a disability as one who:

1. Has a physical or mental impairment which substantially limits one or more major life activities; 2. Has a record of such impairment; or

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mailto:[email protected]

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/LGBT_Housing_Discrimination

http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/LGBT_Housing_Discrimination

http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm

http://portal.hud.gov/hudportal/documents/huddoc?id=OlmsteadGuidnc060413.pdf


3. Is regarded as having such impairment. The status of being a juvenile offender or a sex offender does not qualify an individual as a person with a disability under these civil rights laws. Similarly, while these laws protect persons who are recovering from substance abuse or have a history of substance abuse, they do not protect persons who are currently engaging in the illegal use of controlled substances. Additionally, these laws do not protect an individual with a disability whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. It is important to note that the above definition applies to the application of federal civil rights laws. Many HUD programs have different definitions of “disability,” and those definitions should be used to determine program eligibility. As an example, while a current user of illegal drugs may not be protected under federal civil rights laws, he/she may be an eligible participant in programs that offer substance abuse services. Applying Multiple Laws Certain entities will be subject to both the requirements of the Americans with Disabilities Act and the provisions of the Fair Housing Act and/or Section 504. These entities include, but are not limited to, public housing agencies and some places of public accommodation, such as rental offices, shelters, residentialhomes, some types of multifamily housing, assisted living facilities and housing at places of education. Covered entities must ensure compliance with all relevant civil rights laws. Compliance with the Fair Housing Act and Section 504 does not ensure compliance with the ADA. Similarly, compliance with the ADA's regulations does not ensure compliance with the Fair Housing Act or Section 504. For example, the preambles to the 2010 Title II and Title III ADA regulations state that public entities or public accommodations that operate housing facilities "may not use the ADA definition of "service animal" as a justification for reducing their Fair Housing Act obligations.

Reasonable Accommodations The Fair Housing Act requires owners of housing facilities to provide reasonable accommodations to persons with disabilities. Under the Fair Housing Act, reasonable accommodations are changes, exceptions or adjustments to a program, service or procedure that will allow a person with a disability to have equal enjoyment of the housing program. There must be an identifiable relationship between the requested accommodation and the person’s disability. Reasonable accommodations need not be provided if they would constitute an undue financial and administrative burden, or if they would be a fundamental alteration of the provider’s program. For information about reasonable accommodations under the Fair Housing Act, see the resources listed below:

Joint Statement of the U.S Department of Housing and Urban Development and the U.S. Department of Justice entitled “Reasonable Accommodations under the Fair Housing Act,” issued May 14, 2004 located at http://www.fairhousing.com/include/media/pdf/finaljointstatement051704.pdf and

ADA Regulations and Assistance Animals as Reasonable Accommodations under the Fair

Housing Act and Section 504 of the Rehabilitation Act of 1973 – http://www.bazelon.org/LinkClick.aspx?fileticket=lhyaA_hRAoE%3D&tabid=268

“Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-

Funded Programs” issued April 25, 2013 located at http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf&utm_source=17th-2013+HNN&utm_campaign=17th+HNN+Analytics&utm_medium=email.

403737

http://www.fairhousing.com/include/media/pdf/finaljointstatement051704.pdf

http://www.bazelon.org/LinkClick.aspx?fileticket=lhyaA_hRAoE%3D&tabid=268

http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf&utm_source=17th-2013+HNN&utm_campaign=17th+HNN+Analytics&utm_medium=email




Reasonable Modifications The Fair Housing Act does not require owners and homeowner associations to make and pay for structural modifications to dwellings. Instead, it requires owners and homeowners to allow tenants with disabilities to make reasonable access-related modifications to their private living space and common use spaces. See 24 CFR §100.203. However, recipients of federal financial assistance such as Supportive Housing Program grantees and partner agencies should be mindful that they are subject to Section 504’s more stringent requirements that they make and pay for structural modifications to dwellings and public and common use areas that are needed as a reasonable accommodation for persons with disabilities unless providing that accommodation would constitute a fundamental alteration of the program or an undue financial and administrative burden. (See Section 504 discussion below.) For information about reasonable modifications under the Fair Housing Act, see the Joint Statement of the U.S Department of Housing and Urban Development and the U.S. Department of Justice entitled Reasonable Accommodations Under the Fair Housing Act, issued on May 14, 2004 found at www.hud.gov/offices/fheo/library/huddojstatement.pdf

Affirmative Minimum Accessibility Requirements In addition to its general non-discrimination requirements, the Fair Housing Act requires that new multifamily housing (both rental and for sale) with four or more dwelling units built for first occupancy after March 13, 1991, be designed and built to contain minimum accessibility features for persons with disabilities. This includes accessible public and common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver and other adaptable features within the units. Sleeping rooms that share kitchen facilities and dormitory style housing are subject to these requirements. For more information about these the accessibility requirements see 24 CFR 100.205 and www.fairhousingfirst.com. Please note: These accessibility requirements are in addition to those required under Section 504 and the new Americans with Disabilities Act requirements.

Inquiries Related to Disability Although the Fair Housing Act places limitations on the ability of housing providers to inquire about the nature and severity of an applicant’s disability, it is permissible for a housing provider that offers housing serving persons with disabilities to inquire whether an applicant meets the program’s eligibility requirements. See 24 CFR 100.202(c). Thus, a Supportive Housing Program provider may inquire whether an applicant has a disability as defined in the program regulations. In addition, service providers connected with the housing program may make inquiries appropriately connected to determining the service needs of residents. Housing providers may also ask applicants and residents whether they need units with special features or if they have special needs related to communication, but they should make these inquiries of all program participants.

Fair Housing Act Prohibitions on Discrimination Based on Sex In general, the Fair Housing Act prohibits housing providers from limiting access to their housing program based upon sex. However, housing may be limited to one sex where, because of the physical limitations or configuration of the housing facility, considerations of personal privacy or personal safety would make it inappropriate for the facility to be made available to members of both sexes. Housing providers must also comply with “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” final rule. Through this rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. To read rule, go to http://portal.hud.gov/hudportal/documents/huddoc?id=12lgbtfinalrule.pdf

Fair Housing Act Prohibitions on Discrimination Based on Familial Status The Fair Housing Act prohibits discrimination based upon familial status, defined as families and individuals with children under 18, as well as pregnancy, and families and individuals in the process of securing legal custody of individuals under 18. Discrimination against families with children is prohibited, regardless of the ages of the children, or the number of children in a household. Notwithstanding the prohibition against discrimination on the basis of familial status, state and local governments do have the right to apply reasonable restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

413838

http://www.hud.gov/offices/fheo/library/huddojstatement.pdf

http://www.fairhousingfirst.com/


Fair Housing and Civil Rights Laws Page 6 In general, absent special circumstances, it is HUD’s position that a maximum of two persons in a bedroom is a reasonable occupancy standard. Bedroom size, unit size, age of children and other circumstances might affect the reasonableness of a two-person per bedroom occupancy rule. For a detailed discussion on establishing lawful occupancy standards, see “Fair Housing Enforcement–Occupancy Standards Notice of Statement of Policy,” published in the Federal Register on December 18, 1998, Volume 63, Number 243.

Discrimination Based Upon Religion The Fair Housing Act prohibits discrimination based upon religion. Ohio grantees and partner agencies may not restrict housing or services to persons of a particular religion or religious denomination, nor may they require a particular religious belief or activity as a condition of receiving benefits or participating in Supportive Housing Program activities. If Supportive Housing Program providers allow tenants to use the public and common spaces for religious services, it must make those public and common spaces available for all types of religious services requested by the tenants. In addition to the Fair Housing Act prohibitions on discrimination based upon religion, there are other HUD requirements relating to use of federal funds by faith-based organizations. These include considerations related to use of federal funds for acquisition, construction, or rehabilitation of real property, and separation of inherently religious activities from HUD-funded activities. For more information, see http://www.hud.gov/offices/fbci/.

SECTION 504 OF THE REHABILITATION ACT OF 1973 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based upon disability in all programs or activities operated by recipients of federal financial assistance, regardless of whether the programs involve provision of housing or non-housing services or benefits. The Section 504 regulations are found at 24 CFR Part 8. While Section 504 overlaps with the disability discrimination prohibitions of the Fair Housing Act, (see above) it also imposes broad affirmative obligations on recipients to make their programs, as a whole, accessible to persons with disabilities. These obligations include the following:

Affirmative Accessibility Requirements Section 504 regulations establish affirmative physical accessibility requirements when federal financial assistance is used for new construction or rehabilitation of housing. The regulations require 5 percent of units to be made accessible to persons with mobility disabilities and an additional 2 percent to be made accessible to persons with communication disabilities. In addition, the regulations require accessible public and common use areas. See 24 CFR §§ 8.20, 8.22, 8.23. Units and public and common use areas that meet the requirements of the Uniform Federal Accessibility Standards (UFAS) are deemed to be fully accessible under Section 504. See 24 CFR § 8.32. The Section 504 accessibility requirements are in addition to the requirements imposed by the Fair Housing Act for newly constructed multifamily housing. Units that only meet the Fair Housing Act design and construction standards do not comply with UFAS. A copy of UFAS can be obtained at http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas. Services provided to participants in Supportive Housing Programs must also be provided in accessible settings.

Site Selection The Section 504 regulations require that recipients consider physical accessibility in determining the site or location of a federally-assisted facility. The regulations state that it is discriminatory for recipients to select sites which have the purpose or effect of excluding qualified persons with disabilities from participating in or denying the benefits of any program or activity that receives federal financial assistance. See 24 CFR §8.4(b)(5). For example, a Supportive Housing Program grant recipient should not lease a building that has steps at the entrance and cannot be ramped to allow persons with mobility impairments can access the building.

423939

http://www.hud.gov/offices/fbci/

http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas

http://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards/ufas

Fair Housing and Civil Rights Laws Page 7 Effective Communication The Section 504 regulations require recipients to take appropriate steps to ensure effective communication with applicants, residents and the public with communication disabilities. Supportive Housing Program providers should ensure that their application and admissions process and the services offered are accessible and understandable by persons with disabilities. This may include providing necessary auxiliary aids and services such as sign language interpreters and written materials in alternative formats. See 24 CFR §8.6.

Reasonable Accommodations The requirements for reasonable accommodations related to policies, practices and procedures are the same under Section 504 and the Fair Housing Act. However, the Section 504 reasonable accommodation obligation is broader than the obligation under the Fair Housing Act with respect to requests for structural changes to facilities because Section 504 requires that recipients of federal financial assistance make and pay for physical changes to dwelling units and public and common use spaces if needed as a reasonable accommodation unless it is an undue financial and administrative burden or a fundamental alteration of the program. Recipients are allowed to verify the existence of the disability and the need for the requested accommodation. Examples of reasonable accommodations include:

Making an exception to a rule that prohibits animals in a dwelling to accommodate a person with a disability who uses an assistance animal.

Providing and paying for a ramp to the entrance of a unit which would allow a tenant in a wheelchair to access the unit.

Providing accessible transportation for a trip for program participants where transportation is being provided for nondisabled residents.

Providing a first floor unit to an applicant or a transfer to a first floor unit for a resident who cannot climb stairs to a second floor unit.

Allowing a resident to have a personal refrigerator to store medications in a development that does not normally provide refrigerators in sleeping units.

For more extensive information on Section 504, see www.hud.gov/offices/fheo/disabilities.

On April 25, 2013, HUD issued notice FHE0-2013-01: Service Animals and Assistance Animals for People with Disabilities in Housing and HUD-Funded Programs. This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOJ) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service animal" under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional support animal, under both the FHAct and Section 504. In situations where the ADA and the FHAct/Section 504 apply simultaneously (e.g., a public housing agency, sales or leasing offices, or housing associated with a university or other place of education), housing providers must meet their obligations under both the reasonable accommodation standard of the FHAct/Section 504 and the service animal provisions of the ADA.

434040

http://www.hud.gov/offices/fheo/disabilities

Fair Housing and Civil Rights Laws Page 8 OTHER CIVIL RIGHTS LAWS Title VI of the Civil Rights Act of 1964 Title VI prohibits all recipients of federal financial assistance from discriminating based on race, color or national origin. Title VI applies to any program or activity receiving federal financial assistance, not just housing. See 24 CFR Part 1. In housing, Title VI and the Fair Housing Act apply to many of the same types of activities. However, HUD has broader investigative authority in complaints related to violations of Title VI and the authority to impose different types of remedies than it does in cases involving violations of the Fair Housing Act. Title VI regulations require that recipients have an affirmative obligation to take reasonable steps to remove or overcome any discriminatory practice or usage that subjects individuals to discrimination based on race, color or national origin. The regulations also require that, even in the absence of prior discrimination, recipients should take affirmative steps to overcome the effects of conditions that results in limiting participation by persons of a particular race, color or national origin. Title VI regulations also require that owners maintain racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federal financial assistance. Under Title VI, recipients may be required to provide language assistance to persons who, as a result of their national origin, are limited in their English proficiency, in order to improve access to their programs and activities. For more information on this issue, see http://www.hud.gov/offices/fheo/promotingfh/lep.cfm.

Americans with Disabilities Act (ADA) Title II of the Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities in all programs, activities, and services of a public entity (i.e., state or local government; or department, agency, special purpose district, or other instrumentality of a state or states, or local government). The prohibitions against discrimination under Title II of the ADA are essentially the same as those in Section 504, except they apply to all programs, activities, and services of the public entity, not just those funded with federal financial assistance. Title III of the ADA prohibits discrimination on the basis of disability in public accommodations and commercial facilities. Emergency overnight shelters and social service facilities may be covered by Title III. For more information about the ADA and its requirements, see the Department of Justice website at: www.usdoj.gov/crt/ada/adahom1.htm.

Age Discrimination Act of 1975 The Age Discrimination Act prohibits discrimination based upon age in federally assisted and funded programs or activities, except in limited circumstances. It is not a violation of the Age Discrimination Act to use age as a screening criterion in a particular program if age distinctions are permitted by statute for that program or if age distinctions are a factor necessary for the normal operation of the program or the achievement of a statutory objective of the program or activity. See 24 CFR Part 146.

Enforcement and Compliance with Civil Rights Laws Supportive Housing Program providers should make sure that their staff is trained in the requirements of the civil rights laws and that all admissions and residential policies are applied equally regardless of membership in a protected class. The Office of Community Development strongly recommends that providers have written, reasonable accommodation policies and that applicants and residents be advised of the existence of their right to reasonable accommodation at admission and during tenancy. Titles VI, Section 504 and the Age Discrimination Act are enforced by routine monitoring as well as investigation of complaints of discrimination. Recipients are obligated to provide HUD and the Office of Community Development access to any records these agencies believe are necessary to determine compliance with these laws.

444141

http://www.hud.gov/offices/fheo/promotingfh/lep.cfm

http://www.usdoj.gov/crt/ada/adahom1.htm

http://www.access.gpo.gov/nara/cfr/waisidx_00/24cfr146_00.html

Fair Housing and Civil Rights Laws Page 9 HUD has principal enforcement responsibility for the Fair Housing Act and will investigate complaints of discrimination. In addition, HUD has the authority to initiate complaints on behalf of the Secretary of HUD. Careful record-keeping is very helpful for documenting compliance with civil rights laws, as well as to demonstrate that policies and procedures are being applied equally to all program applicants and participants. RESOURCES Fair Housing for People with Disabilities: A guidance manual for emergency shelter and transitional housing providers – Mental Health Advocacy Services, Inc. http://www.mhas-la.org/FH%20Manual%20rev.4-07.pdf 2010 Between the Lines: A Question-and-Answer Guide on Legal Issues in Supportive Housing – National Corporation for Supportive Housing http://www.csh.org/resources/between-the-lines-a-question-and-answer-guide-on-legal-issues-in-supportive-housing-national-edition/ Bazelon Center for Mental Health Law – http://www.bazelon.org including fact sheets and what “Fair Housing” means for people with disabilities. http://www.bazelon.org/LinkClick.aspx?fileticket=bdk6FSfUBOQ%3d&tabid=104 Fair Housing Laws and Presidential Executive Orders http://www.hud.gov/offices/fheo/FHLaws/index.cfm Department of Justice Americans with Disabilities link – http://www.usdoj.gov/crt/ada/adahom1.htm

454242

http://www.mhas-la.org/FH%20Manual%20rev.4-07.pdf

http://www.csh.org/resources/between-the-lines-a-question-and-answer-guide-on-legal-issues-in-supportive-housing-national-edition/

http://www.csh.org/resources/between-the-lines-a-question-and-answer-guide-on-legal-issues-in-supportive-housing-national-edition/

http://www.bazelon.org/

http://www.bazelon.org/LinkClick.aspx?fileticket=bdk6FSfUBOQ%3d&tabid=104


http://www.usdoj.gov/crt/ada/adahom1.htm


When Working with Clients with Disabilities, Remember… Not all disabilities are visible. The nature of the person’s disability is a private matter. You are not

entitled to inquire for details.

In situations where the Americans with Disabilities Act and Fair Housing Act/Section 504 apply, housing providers must meet the broader Fair Housing Act/Section 504 standard in deciding whether to grant reasonable accommodation requests.

Under ADA – when it is not obvious what service an animal provides, staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog or ask that the dog demonstrate its ability to perform the work or task.

Service animals do not need to wear any special identifying gear such as tags, harnesses or capes. Service animal owners/handlers are not required to carry any paperwork documenting the animal as a service animal.

A tenant may train his or her own service animal and is not required to provide any information about training or the specific tasks the animal performs.

To qualify for an accommodation in under Fair Housing Act/Section 504, the assistance animal must be necessary to afford the individual an equal opportunity to use and enjoy a dwelling or to participate in the housing service or program... AND there must be a relationship, or nexus, between the individual’s disability and the assistance the animal provides.

The tenant/handler is responsible for the care of his/her service animal.

The animal must be supervised and the tenant/handler must retain full control of the animal at all times. Service animals must be harnessed, leashed or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal or other effective controls.

The tenant is responsible for the proper disposal of animal waste. If the tenant needs assistance with cleanup, they should make arrangements for such help through family, friends or advocates.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility, for example, at a homeless shelter, they both should be accommodated by assigning them, if possible, to different locations within the room or different rooms in the facility.

People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons or charged fees that are not charged to other patrons without animals. In addition, if a business requires a deposit or fee to be paid by patrons with pets, it must waive the charge for service animals.

If a business such as a hotel normally charges guests for damage that they cause, a customer with a disability may also be charged for damage caused by himself or his service animal.

If other tenants complain about the fact that they are not allowed to have a pet and want to know why you have made an exception, simply state that your agency complies with the fair housing laws. You can also refer your tenants to the fair housing laws or to a fair housing agency for further details.

For more information about fair housing and civil rights laws required for Supportive Housing Program providers, contact the Ohio Development Services Agency, Office of Community Development at (614) 466-2285.

464343


Appendix III – HUD Definition of Chronic Homelessness

Chronically Homeless. The definition of ”chronically homeless” currently in effect for the CoC Program is that which is defined in the CoC Program interim rule at 24 CFR 578.3, which states that a chronically homeless person is:

(a) An individual who:

i. Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and

ii. Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last 3 years; and

iii. Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002)), post‐traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability;

(b) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this definition [as described in Section I.D.2.(a) of this Notice], before entering that facility; or

(c) A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1) of this definition [as described in Section I.D.2.(a) of this Notice, including a family whose composition has fluctuated while the head of household has been homeless

474444


Appendix IV – HUD Definition of Homelessness and Record Keeping

Requirements

The handout included on the following pages provides an overview of the definition and related

documentation requirements. For more information see:

https://www.onecpd.info/resource/1928/hearth‐defining‐homeless‐final‐rule/

For information on documenting chronic homelessness see: HUD Notice: Prioritizing Persons Experiencing Chronic Homelessness in PSH & Recordkeeping Requirements for Documenting Chronic Homeless Status

https://www.hudexchange.info/resource/3897/notice‐cpd‐14‐012‐prioritizing‐persons‐

experiencing‐chronic‐homelessness‐in‐psh‐and‐recordkeeping‐requirements/

484545

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(iii) Is exiting an institution where (s)he has 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

Category 2

Imminent Risk of Homelessness

(2) Individual or family who will imminently lose their primary nighttime residence, provided that:

(i) 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 needed to obtain other permanent housing

Homeless under other Federal

statutes

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Category 3

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(iii) Have experienced persistent instability as measured by two moves or more during in the preceding 60 days; and

(iv) Can be expected to continue in such status for an extended period of time due to special needs or barriers

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r head of household y are fleeing; they have no resources. Statement cation or a certification by

ead of household seeking statement is documented

worker. Where the safety ardized, the oral

d of household that no ttified; and cumentation, that the l resources and support housing.

o

d

re

e

c l

v

o

t

504747


Appendix V – HUD Definition of Disability and Record Keeping

Requirements

514848

Definition of Disability

42

524949

Overview of Disability Definition

1) Physical, mental or emotional impairment

2) Developmental disability 3) HIV/AIDS

43

535050

Physical, Mental or Emotional

Impairment

• Is expected to be long-continuing or of indefinite duration;

• Substantially impedes the individual’s ability to

live independently; • Could be improved by the provision of more

suitable housing conditions and • Is a physical, mental or emotional impairment,

including impairment caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury

44

545151

Developmental Disability

• Defined in §102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 USC 15002)

• Means a severe, chronic disability that – Is attributable to a mental or physical impairment or

combination AND – Is manifested before age 22 AND – Is likely to continue indefinitely AND

45

555252

Developmental Disability continued

• Results in substantial limitations in three or more major life activities: – Self-care – Receptive and expressive language – Learning – Mobility – Self-direction – Capacity for independent living – Economic self-sufficiency

AND

46

565353


– Reflects need for • a combination and sequence of special,

interdisciplinary, or generic services, • individualized supports, or • other forms of assistance that are of lifelong or

extended duration and are individually planned and coordinated

47

575454


• An individual may be considered to have a developmental disability without meeting three or more of the criteria listed previously, if – Individual is 9 years old or younger AND – has a substantial developmental delay or

specific congenital or acquired condition AND – without services and supports, has a high

probability of meeting those criteria later in life. 48

585555

HIV/AIDS Criteria

• Includes the disease of acquired immunodeficiency syndrome (AIDS) or

• Any conditions arising from the etiologic agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV).

49

595656

Documenting Disability Status

• Documentation requirements applicable only

when status is required for eligibility to

program

• Written 3rd Party Written Verification

– State licensed professional – Social Security Administration – Receipt of disability check

50

605757

Documenting Disability Status,

continued

• Intake staff observations – Applicable only in the absence of written 3rd party

verification. – Must be confirmed and accompanied by written 3rd

party verification no later than 45 days

• Oral-third party and self-certification is not appropriate

51

615858


Appendix VI – CT BOS Housing First Principles and Related CT BOS

Policies

Housing First Principles

Housing First is a programmatic and systems approach that centers on providing homeless

people with housing quickly and then providing services as needed.

Housing is not contingent on compliance with services – participants expected to comply

with a standard lease agreement and are provided with services and supports to help

maintain housing and prevent eviction

Services are provided post‐housing to promote housing stability and well‐being

Tenants have choice and access to affordable housing

Housing is Integrated into the Community

Separation of Housing and Treatment – participation in services is not a condition of

maintaining tenancy.

Service Philosophy and Service Array

a. Low Demand Approach for Entry into the Housing

b. Provides Access to Treatment Resources and Supports

c. Employs Recovery Principles

Related CT BOS Policies

PH Housing First Requirement

All CT BOS PH projects (PSH and RR) are required to adopt the CT BOS Housing First

Principles listed above or penalties apply. Applicable penalties are established by the

BOS Steering Committee.

Termination of CT BOS PSH housing

Permanent Supportive Housing providers funded through the CoC may only

terminate occupancy of housing in cases of noncompliance with the lease or failure of

tenant to carry out obligations under Connecticut's Landlord and Tenant Act

625959


(Chapter 830 of the Connecticut General

Statute http://www.cga.ct.gov/2011/pub/chap830.htm).

In order to terminate housing, PSH providers are required to use the legal court

eviction process.

Tenants may not be terminated involuntarily from housing for refusal to participate

in services or for violating program rules that are not related to lease compliance.

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