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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 46

EMERGENCY HOUSING PROGRAM

813-046-0000

Purpose

OAR chapter 813, division 46, is promulgated to accomplish the general purposes of ORS 458.505 and 458.600 to 458.650, and particularly 458.650, which authorizes the department to establish a program to assist homeless persons and those at risk of becoming homeless by supplementing funding for existing local homeless programs or by enabling the establishment of new programs. Emergency housing assistance provided in accordance with this division to low-income and very-low-income homeless persons and those persons who are at risk of becoming homeless is intended to help them quickly regain stability in permanent housing after experiencing a housing crisis or homelessness.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; Renumbered from 813-046-0010; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0010 [Renumbered to 813-046-0000]

813-046-0011

Definitions

All words and terms that are used in OAR chapter 813, division 46, are defined in the act, and in 813-005-0005 and 813-005-0015 and below. As used in OAR chapter 813, division 46, unless the context indicates otherwise:

(1) "Account" means the Emergency Housing Account, a revolving account within the Oregon Housing Fund created under ORS 458.620.

(2) "Administrative costs" means all program costs that are not directly related to delivery of program services under OAR chapter 813, division 46.

(3) "Community action agency" means a private, nonprofit corporation organized under ORS Chapter 65, or an office, division or agency of a political subdivision designated as a community action agency pursuant to the Economic Opportunity Act of 1964 by the U.S. Department of Health and Human Services, which meets the requirements of 458.505(4).

(4) “Department” means the Housing and Community Services Department for the state of Oregon.

(5) “Emergency Housing Assistance Program operations manual” or “program manual” means the Emergency Housing Assistance Program operations manual as amended from time to time, incorporated herein by this reference.

(6) "Funding application" means a subgrantee agency's application to the department for a program grant.

(7) “HMIS” means the Homeless Management Information System.

(8) "Homeless" means an individual, family or household that lacks a fixed, regular and adequate nighttime residence in accordance with department categorical definitions contained in the program manual.

(9) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit.

(10) "Household income" means the total household income from all sources before taxes. Income under this definition may be reduced by deductions allowed by the department. Income does not include assets or funds over which the applicant/household has no control.

(11) “HUD” means the U.S. Department of Housing and Urban Development.

(12) "Low-income household" means a household with an annual household income that is more than fifty (50) percent but at or below eighty (80) percent of the area median income based on HUD determined guidelines as adjusted for family size.

(13) “Program” means the Emergency Housing Assistance Program administered by the department in accordance with this division.

(14) “Program requirements” means all funding agreement terms and conditions (including work plan objectives), department directives (including deficiency notices), and applicable state, local, and federal laws and regulations (including these rules and the program manual), executive orders, local ordinances and codes.

(15) “Program services” means emergency shelter, transitional housing, supportive housing services, rapid re-housing, homeless prevention services and data collection activities as further described by the department in its program manual.

(16) "Self-sufficiency" means meeting basic needs and achieving stability in areas including, but not limited to, housing, household income, nutrition and health care and accessing needed services.

(17) "Service area" means the specific geographic area or region within which a subgrantee agency provides program services directly or by contract.

(18) "Subcontractor” means a nonprofit corporation established under ORS Chapter 65, a housing authority established under ORS 456.055 to 456.235, or local government as defined in 197.015, contracting with a subgrantee agency to provide program services.

(19) "Subgrantee agency" means a private, nonprofit corporation organized under ORS Chapter 65, a housing authority established under 456.055 to 456.235, or a local government as defined in 197.015 with which the department has contracted to administer program services at the local level.

(20) "Very low-income household" means a household with an annual household income that is fifty (50) percent or less of the area median income based on HUD determined guidelines, adjusted for family size.

(21) "Work plan" or "plan" means the subgrantee agency's work plan for the use of program funds, which (as modified by the department) is part of its approved funding application, and included in its funding agreement with the department.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; HSG 9-1994, f. & cert. ef. 11-9-94; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; Renumbered from 813-046-0020; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0020 [Renumbered to 813-046-0011]

813-046-0021

Administration

(1) The department may contract with subgrantee agencies to provide program services at the local level. In a service area where a community action agency exists, the community action agency has a conditional right of first refusal to serve as the subgrantee agency for the service area.

(2) The department normally will allocate program funds to subgrantee agencies for the various service areas through a formula established by the department prior to the allocation process. The department reserves the right to modify such formula at any time at its sole discretion.

(3) A subgrantee agency may subcontract with other organizations that meet the requirements of ORS 458.505(4) to provide program services in the subgrantee agency's service area.

(4) A subgrantee agency shall identify potential applicants, certify eligibility and provide program services to eligible households within its service area.

(5) The department normally will fund only one subgrantee agency within any service area. However, the department may, in its sole discretion, allow two or more subgrantee agencies to operate within a common service area. In such cases, the subgrantee agencies shall enter into a written agreement with the department, satisfactory to the department in its sole discretion, in order, inter alia, to ensure full access to program services for all eligible households within the service area to the extent of available funding and to prevent duplication of services.

(6) The department may conduct reviews, audits, and other compliance monitoring - and take such remedial action - as it deems appropriate with respect to each subgrantee agency and its subcontractors, inter alia, to assure compliance with program requirements.

(7)(a) The department may take such remedial action as it deems appropriate including, but not limited to terminating its funding agreement with a subgrantee agency and requiring repayment of all program funding if it determines (in its sole discretion) that the performance of the subgrantee agency or any of its subcontractors is deficient in any manner, including with respect to program requirements.

(b) The department may, but is not required to issue deficiency notices and require the subgrantee agency to correct such deficiencies in a manner satisfactory to the department within a period of time designated by the department. If any such deficiency notices are issued, the subgrantee agency shall fully correct such deficiencies to the department’s satisfaction within the time specified.

(c) Issuance of a deficiency notice shall not constitute a waiver of other remedies available to the department or preclude the department from exercising such other remedies available to it under the funding agreement or other program requirements, at law or otherwise.

(8)(a) A subgrantee agency may expend up to an amount authorized by the department in writing for reimbursement of reasonable and appropriate administrative costs.

(b) If a subgrantee agency subcontracts with other organizations to provide program services, that organization may expend up to an amount for administrative costs that does not exceed the subgrantee agency’s amount authorized by the department for reasonable and appropriate administrative costs of the funding award.

(c) The ultimate determination of reasonable and appropriate administrative costs is reserved to the department in its sole discretion.

(9) A subgrantee agency and its subcontractors shall comply with the terms of the funding agreement and all other program requirements, including but not limited to department directives (including deficiency notices), applicable local, state and federal laws, rules (including the program manual), regulations, executive orders, local ordinances and codes.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0030 [Renumbered to 813-046-0045]

813-046-0040

Client Eligibility

(1) Program services will be available to low-income and very low-income households, including but not limited to veterans, persons more than 65 years of age, persons with disabilities, farmworkers, and Native Americans, that are homeless or at risk of being homeless and that are otherwise eligible.

(2) A subgrantee agency may consider a household's self-declaration or referral of a household from local, state or federal human service agencies, if no other verifiable documentation is available, to determine eligibility of that household for program services.

(3) A subgrantee agency will not require residency within its service area or legal status as client eligibility criteria.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0045

Use of Funds

(1) The department may provide program assistance in the form of a grant or other funding award to a subgrantee agency to provide the following program services directly or through contracts with other organizations:

(a) Emergency shelter and support services;

(b) Housing services designed to assist households to make the transition from homelessness to permanent housing and economic independence;

(c) Supportive housing services designed to enable persons to continue living in their own homes or to provide in-home services for persons for whom suitable programs do not exist in their geographic area;

(d) Programs that provide emergency payment of home payments, rents or utilities, and/or transitional housing capacity;

(e) Programs, activities and projects that expand emergency shelter, rapid re-housing and/or transitional housing capacity; and

(f) Department-required data collection including data entry into department-approved HMIS and client follow-up to determine performance outcomes.

(2) Subgrantee agencies may require all recipients of program services to participate in programs or activities that will increase household self-sufficiency.

(3) Program funds granted or otherwise awarded shall not be used by a subgrantee agency to replace funds currently being received from other sources, available or reasonably expected to be available to the subgrantee agency but may be used to supplement these other sources of funds or to support existing programs and establish new programs.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; HSG 9-1994, f. & cert. ef. 11-9-94; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; Renumbered from 813-046-0030 by OHCS 1-2014, f. & cert. ef. 1-27-14; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0050

Funding Application

(1) Prior to providing any program services, a subgrantee agency shall submit on a biennial basis, a funding application satisfactory to the department, including a work plan, which must be approved by the department before being operative. The subgrantee agency shall adhere to the department's requirements and deadlines for obtaining approval of this funding application. All funding applications are subject to approval, including as modified by the department, or disapproval by the department.

(2) A subgrantee agency's funding application shall include details satisfactory to the department on how the subgrantee agency provided a meaningful opportunity for participation in the development of the work plan by local continuum of care, local service providers, advocates, clients, businesses, churches, citizens, governments and other interested stakeholders.

(3) Funding applications must meet all requirements established by the department for the form and content of the funding application. In cases where a community action agency has the conditional right of first refusal for antipoverty program administration, and the subgrantee agency cannot meet the requirements for the form and content of the funding application as determined by the department in its sole discretion, the department may allow other eligible organizations to submit a funding application with respect to that service area.

(4) Funding applications will be evaluated by the department for sufficiency with respect to application and other program requirements.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0061

Reporting and Recordkeeping

(1) Subgrantee agencies shall maintain accurate financial records satisfactory to the department, which document, inter alia, the receipt and disbursement of all funds provided through the program by the department; and have an accounting system in place satisfactory to the department, which meets, inter alia, generally accepted accounting principles.

(2) Subgrantee agencies also shall maintain other program records satisfactory to the department, which document, inter alia, client eligibility, receipt of allowable program services, termination of services and the bases for same, housing status of clients, administrative actions, contracts with subcontractors, review of subcontractor performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records shall be in substance and format satisfactory to the department.

(3) Subgrantee agencies shall provide the department with the following reports, in form and substance satisfactory to the department:

(a) Within twenty (20) days following the end of each calendar quarter, a program report detailing the progress made toward meeting the program performance measures and service delivery objective(s), and a fiscal report detailing all administrative and program costs;

(b) Within sixty (60) days after the close of the subgrantee agency's fiscal year, annual program and fiscal reports;

(c) Within sixty (60) days after the close of the program, final program and fiscal reports.

(4)(a) Subgrantee agencies and their subcontractors shall furnish representatives of the department, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to and permit copying of all books, accounts, documents, records and allow reasonable access to the project and other property pertaining to the program, at any such representative’s request.

(b) Subgrantee agencies and their subcontractors shall cooperate fully in any inspections or other monitoring actions taken by the department, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(c) Subgrantee agencies and their subcontractors shall retain and keep accessible all program records according to the retention as required by the state of Oregon or Oregon Housing and Community Services records retention, following final payment and termination of program involvement, or until the conclusion of any audit, controversy or litigation arising out of or related to their program involvement, whichever date is later.

(5) Subgrantee agencies shall ensure that data is reported, collected and organized accurately, timely, and otherwise in a manner satisfactory to the department, through the use of a department-approved HMIS.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0065

Compliance Monitoring; Subcontractor Obligations

(1) The department may from time to time audit or otherwise review a subgrantee agency's program activities and records as the department determines to be appropriate, inter alia, to verify compliance with program requirements.

(2) In addition to the requirement of subsection (1) of this section, a subgrantee agency is also subject to any specific audit requirement applicable to the program.

(3) Subgrantee agencies shall require by contract that their subcontractors comply with all program requirements, including but not limited to retention of records and department compliance monitoring and enforcement.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0070

Challenge of Subgrantee Action

(1) Local interest groups, service providers or others aggrieved by a subgrantee agency with respect to its program obligations may submit a written request to the department for its review of such contested action, but only after first exhausting the applicable administrative review process furnished by the relevant subgrantee agency and within thirty (30) days of that administrative review determination or refusal by the subgrantee agency to provide such administrative review determination.

(2) The department may accept or deny a request for its review in whole or in part, at its sole discretion. Any department review will be in the manner determined appropriate by the department and may include, but will not necessarily be limited to review of provided information.

(3) If the department accepts the review request, the requester of the review, the subgrantee agency, and relevant subcontractors will produce all information required by the department, including requested affidavits or testimony.

(4) The department may make a determination on a review request and require such remedial action as the department determines, in its sole discretion, to be appropriate.

(5) Department review will not take the form of a contested case review under ORS Chapter 183 unless specifically so stated by the director in writing.

(6) Timely request for department review by an aggrieved person or entity and its completion to final order by the department are requirements for exhaustion of administrative remedies by such aggrieved person or entity.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0081

Review By Subgrantee

(1) Subgrantee agencies will establish in writing a process satisfactory to the department that, in a timely manner, enables beneficiaries and applicants for program services to contest a determination by the subgrantee agency or its subcontractors that:

(a) Denies or limits the eligibility of a beneficiary or applicant for benefits or other assistance; or

(b) Terminates or modifies benefits or other assistance awarded by the subgrantee agency or subcontractor to a beneficiary.

(2) Persons aggrieved by the action of a subgrantee agency or its subcontractors described in subsection (1) may request administrative review of such action by the subgrantee agency within the time frame and pursuant to the process established by the subgrantee agency consistent with program requirements. At all times, the subgrantee agency will allow a minimum of thirty (30) days within which an aggrieved person may request review from the time of the contested action or the aggrieved person’s reasonable discovery of such action, whichever is longer.

(3) The subgrantee agency will inform the department in writing of any request by an aggrieved party for administrative review within ten (10) days of such request.

(4) The subgrantee agency will inform the department and the aggrieved party in writing of any final administrative review determination made by the subgrantee agency, and the basis for same, within ten (10) days of such final determination.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505, 458.620 & 458.650
Hist.: OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14

813-046-0100

Waiver

The Director may waive or modify any requirements of OAR 813, division 46, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 458.620, 458.630 & 458.650
Stats. Implemented: ORS 458.650
Hist.: HSG 5-1991(Temp), f. & cert. ef. 10-10-91; HSG 5-1992, f. & cert. ef. 6-16-92; OHCS 3-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 3-2002, f. & cert. ef. 5-15-02; [Suspended by OHCS 11-2014(Temp), f. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 14-2014(Temp), f. & cert. ef. 2-10-14 thru 7-27-14]

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