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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 46

EMERGENCY HOUSING PROGRAM

813-046-0000

Purpose

OAR 813, division 46, is promulgated to accomplish the general purpose of ORS 458.505 and 458.600 to 458.650, specifically 458.650, which authorizes the Department to establish a program to assist low- and very-low-income homeless persons and those persons who are at risk of becoming homeless, including, but not limited to, persons more than 65 years of age, disabled persons, farmworkers and Native Americans. These rules describe the Emergency Housing Program. The objective of the Emergency Housing Program is to assist homeless persons and those persons at risk of becoming homeless by providing funds to supplement existing programs or to establish new programs of Subgrantee Agencies.

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; Administrative correction, 5-2-14

813-046-0011

Definitions

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

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

(2) “Administrative Costs” means all costs which are not directly related to delivery of Eligible Services under OAR 813, division 46.

(3) “Eligible Services” means shelter and support services for the Homeless or those at risk of becoming Homeless.

(4) “Emergency Shelter” means any facility whose primary purpose is to provide temporary or transitional shelter for the Homeless in general or for specific populations of the Homeless.

(5) “Funding Application” means a Subgrantee Agency’s application to the Department for a Program grant.

(6) “Homeless” means an individual, family or Household that lacks a fixed, regular residence or has a nighttime residence that is an Emergency Shelter or institution, and that is without the means to secure and/or maintain affordable, safe shelter.

(7) “Household” means an individual living alone or a group of individuals who are living together as one economic unit.

(8) “Household Income” means the total Household receipts before taxes from all sources. Income may be reduced by deductions allowed by the Department. Income does not include assets or funds over which the applicant has no control.

(9) “Low Income Household” means a Household with an annual Household Income that is more than 50 percent but less than 80 percent of the area median income based on information from the federal grantors, as adjusted for family size.

(10) “Organization” 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 ORS 197.015.

(11) “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.

(12) “Service Area” means the specific geographic area or region within which a Subgrantee Agency provides Program services directly or by contract.

(13) “Subgrantee Agency” means a private, nonprofit corporation organized under ORS Chapter 65, a housing authority established under ORS 456.055 to 456.235, or a local government as defined in ORS 197.015. with whom the Department has contracted to administer Program activities and services at the local level.

(14) “Work Plan” or “Plan” means part of a Subgrantee Agency’s Funding Application, which is a part of contract between the Department and the Subgrantee Agency.

(15) “Very Low Income Household” means a Household with an annual Household Income that is less than 50 percent of the area median income based on information from the federal grantors, adjusted for family size.

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; Administrative correction, 5-2-14

813-046-0021

Administration

(1) The Department shall allocate Program funds to Service Areas through a formula established by the Department prior to the allocation process. However, the Department reserves the right to modify that formula at any time in its sole discretion.

(2) The Department may contract with Subgrantee Agencies, to provide Program services and activities at the local level. In a Service Area where a Community Action Agency exists, this Community Action Agency will have the right of first refusal to serve as the Subgrantee Agency for the Service Area.

(3) A Subgrantee Agency may subcontract with another Organization to provide a Program service or activity in the Subgrantee Agency’s Service Area.

(4) Each Subgrantee Agency shall identify potential applicants, certify eligibility and provide Eligible Services to eligible Households within its Service Area.

(5) The Department shall normally fund only one Subgrantee Agency within any Service Area. However, the Department may, in its sole and absolute discretion, allow two Subgrantee Agencies to operate within a common Service Area. In such a case the Department and the two Subgrantee Agencies shall enter into a Memorandum of Agreement in order to insure full access to the Program’s Eligible Services for all eligible persons within the Service Area to prevent duplication of services.

(6) The Department may conduct a review of each Subgantee Agency at least once every two years to assure compliance with applicable state and federal regulations involving administrative, financial and programmatic activities of the Program and that the Work Plan objectives are being achieved.

(7) If the Department deems the performance of a Subgrantee Agency to be deficient and the Subgrantee Agency does not give the Department adequate assurance of satisfactory performance in the future, the Department may terminate its contract with the non-performing Subgrantee Agency and contract with another Subgrantee Agency to provide the Program’s Eligible Service going forward.

(8)(a) The Department may expend no more than five percent of the Account appropriation for the purpose of Administrative Costs.

(b) A Subgrantee Agency may expend for Administrative Costs of the Program no more than ten percent of its Program award from the Department.

(c) If a Subgrantee Agency subcontracts with another Organization to provide a Program service or activity, that Organization may expend for Administrative Costs no more than five percent of its Program award from the Subgrantee Agency.

(9) A Subgrantee Agency shall comply with all applicable state and federal laws, rules, regulations and executive orders and 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; Administrative correction, 5-2-14

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

813-046-0040

Client Eligibility

(1) Program services shall be available to Households 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 to determine eligibility of that Household for Program services.

(3) A Subgrantee shall not require residency within its Service Area or legal status as a client eligibility criterion.

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; Administrative correction, 5-2-14

813-046-0045

Use of Funds

(1) The Department may provide assistance in the form of a grant 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

(e) Programs, activities and projects that expand community shelter capacity and transitional housing.

(2) Program services shall be available to Low- and Very-Low-Income Households, including but not limited to, persons more than 65 years of age, disabled persons, farmworkers and Native Americans, that are Homeless or at risk of becoming Homeless.

(3) Subgrantee Agencies shall require all recipients of Program services described in OAR 813-046-0040(1) to participate in programs or activities that will increase Household Self-sufficiency.

(4) Funds granted shall not be used by a Subgrantee Agency to replace existing funds but may be used to supplement existing funds or to support existing programs or 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; Administrative correction, 5-2-14

813-046-0050

Funding Application

(1) Prior to providing any Eligible Services under the Program, a Subgrantee Agency shall submit on a biennial basis, and the Department shall approve, a Funding Application (including a Work Plan) which shall remain on file with the Department. The Subgrantee Agency shall adhere to the Department’s requirements and deadlines for obtaining approval of this Application.

(a) A Subgrantee Agency’s Funding Application shall include details on how the Subgrantee Agency provided a meaningful opportunity for participation in the development of the Work Plan by local providers, advocates, clients, businesses, churches, citizens, governments, and other local service interests.

(b) The Funding Application shall contain a section detailing how the Subgrantee Agency will administer the Program. This section shall contain at a minimum the following information:

(A) Name, address and telephone number of the Subgrantee Agency;

(B) Amount of funding allocation requested;

(C) A description of how the funds will be used;

(D) Demonstration that the Subgrantee Agency and any designated contractors have the capacity to deliver any Eligible Services proposed in the Funding Application;

(E) Details on how the Subgrantee Agency will coordinate with other local service providers and interest groups; and

(F) A geographic description of the Program Service Area.

(2) The Subgrantee Agency’s Work Plan shall contain a clear and detailed description of the Subgrantee Agency’s Program activities, and the Department may request additional information, if applicable, within 20 business days of receipt of the Work Plan.

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; Administrative correction, 5-2-14

813-046-0061

Reporting and Recordkeeping

(1) A Subgrantee Agency shall, at a minimum, maintain accurate financial records which document the receipt and disbursement of all funds provided through the Program and have an accounting system in place which meets generally accepted accounting principles.

(2) A Subgrantee Agency shall maintain accurate records which document the clients receiving Eligible Services through the Program. Such records shall be in a format designated by the Department and shall include client signatures and describe the coordination of other service providers to meet other client needs, and client status upon service termination.

(3) A Subgrantee Agency shall provide the Department with the following reports, in form and substance satisfactory to the Department:

(A) Within 15 working days following the end of each calendar quarter, a Program report detailing the progress made toward the Program objective(s);

(B) Within 90 days after the close of the Subgrantee Agency’s fiscal year, an annual Program and fiscal reports;

(C) Within 90 days after the close of the Program, final Program and fiscal reports.

(4) Program activity records including but not limited to client files and fiscal records shall be available to the Department. The Oregon Secretary of State’s Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of Subgrantee Agency that are pertinent to the Program to perform examinations and audits and make excerpts and transcripts. A Subgrantee Agency shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of the Program, or until the conclusion of any audit, controversy or litigation arising out of or related to the Program, whichever date is later.

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; Administrative correction, 5-2-14

813-046-0065

Audit

(1) The Department may from time to time audit a Subgrantee Agency’s activities to verify fiscal compliance with requirements regarding eligible client expenditures and Administrative Costs.

(2) Such audit may include, but not be limited to, fiscal records including general ledger and all supporting journals.

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; Administrative correction, 5-2-14

813-046-0070

Appeal Procedure

Local interest groups, service providers or representatives thereof who oppose the use of funds reflected in a Work Plan submitted to the Department by a Subgrantee Agency may submit written comments to the Department after first proceeding with the local appeals process. Following review and investigation of the circumstances, the Department shall respond to the comments within 20 business days of receipt of such comments.

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; Administrative correction, 5-2-14

813-046-0081

Administrative Review

The Subgrantee Agency shall provide an administrative review process, which shall include an administrative hearing, to individuals whose claims for assistance under the Program are denied or deemed denied because of the failure of the Subgrantee Agency to process a request for assistance.

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; Administrative correction, 5-2-14

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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