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

 

DIVISION 51

HOUSING STABILIZATION PROGRAM

813-051-0000

Purpose and Objectives

OAR 813, division 51is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, specifically 458.505, which designates the Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. These administrative rules describe the HOUSING STABILIZATION PROGRAM. Although this Program is partially funded through the Children, Adult and Family Services Division of the Oregon Department of Human Resources, the Department has entered into an agreement with the Children, Adult and Family Services Division to administer this Program through the Department’s network of social service providers. The Program’s objective is to help meet the emergency needs of the homeless or those at risk of becoming homeless.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0010

Definitions

All words and terms that are used in OAR 813, division 51, are defined in the Act, and in 813-005-0005 and below. As used in OAR 813, division 51, unless the context indicates otherwise:

(1) “Administrative Costs” means all costs which are not directly related to delivery of Eligible Services under OAR 813, division 51.

(2) “CAFS” means the Children, Adult and Family Services Division of the Oregon Department of Human Resources.

(3) “Community Action Agency” or “CAA” 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 Department of Health and Human Services, which meets the requirements of ORS 458.505(4).

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

(5) “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.

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

(7) “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.

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

(9) “Oregon resident” is an individual who at the time of determination lives in Oregon and intends to remain in Oregon for the foreseeable future as a permanent resident. There is no minimum amount of time which an individual must live in Oregon to be considered a resident. An individual is not considered an Oregon resident if the individual is in Oregon solely for vacation or is returning to a state of former residence.

(10) “Poverty Line” means the official standard established by the Secretary of the U.S. Department of Health and Human Services.

(11) “Program” means the Housing Stabilization Program.

(12) “Program Costs” means those costs directly associated with Eligible Services.

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

(14) “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 whom the Department has contracted to administer Program activities and services at the local level.

(15) “Work Plan” means the Subgrantee Agency’s plan for the use of Program funds which is part of its Funding Application and which has been approved by the Department and included in its contract with the Department.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0020

Administration

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

(2) The Department may allocate Program funds to Service Areas through a formula established by the Department prior to the allocation process.

(3) A Subgrantee Agency may subcontract with another organization which meets the requirements of ORS 458.505(4) to provide a Program service or activity in the Subgrantee Agency’s Service Area.

(4) A Subgrantee Agency shall assist Program participants to access other services designed to meet other, longer-term needs whenever possible.

(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 and to prevent duplication of services.

(6) The Department may conduct an annual review of each Subgrantee Agency to assure compliance with applicable state and federal regulations involving administrative, financial, and programmatic activities of the Program and to assure that the Subgrantee Agency is achieving its Work Plan objectives.

(7) If the performance of a Subgrantee Agency is deemed 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 Services going forward.

(8) 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
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0030

Applicant Eligibility

(1) A Subgrantee Agency shall determine whether an applicant is eligible to receive Eligible Services under the Program pursuant to section (2) or (3) below.

(2) An applicant is eligible to receive Eligible Services under the Program if the applicant:

(a) Is Homeless or at imminent risk of becoming Homeless;

(b) Is a dependent child who is under 18 years of age, or who is 18 years of age and a full-time student; a caretaker relative of an eligible dependent child; or the mother of an unborn child;

(c) Is a United States citizen or a legal alien;

(d) Is an Oregon resident; and

(e) Has a Household income of less than 150 percent of Poverty Line.

(3) An applicant who is not Homeless may still be eligible to receive Eligible Services under the Program if, for the calendar month of application and the immediately preceding calendar month, the applicant has an emergency need because of:

(a) A natural disaster;

(b) Circumstances beyond the applicant’s control, including, but not limited to, loss of income due to theft or use of income for unexpected need;

(c) No income or food stamps available to meet the nutritional needs of the members of the Household;

(d) No medical resources available to meet the medical needs of member(s) of the Household; or

(e) Loss of shelter. An emergency need does not include a need which results from the applicant’s failure to use available income to prevent the emergency.

(4) An applicant is ineligible to receive Eligible Services under the Program if any of the following shall occur within the 30 days period before requesting any benefits under the Program:

(a) Applicant without cause quit or refused a job;

(b) Applicant without cause refused a referral to a job or training;

(c) Applicant was dismissed for cause from a job; or

(d) Applicant voluntarily and without cause reduced his or her earnings.

(5) An applicant may receive Eligible Services under the Program for a maximum of one (1) year; provided, however, that the Department, in its sole and absolute discretion and upon review, may grant a 1-year extension so that the applicant may receive additional Eligible Services. If any member of a Household has received Eligible Services under the Program at any time during the 12-month period prior to application for benefits under the Program, every member of the Household shall be deemed to have received Eligible Services during that time.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0040

Use of Funds

(1) Eligible Services under the Program to an eligible applicant may include payment of one or more of the following Program Costs:

(a) Shelter costs, including but not limited to:

(A) Rent, mortgage and utility costs;

(B) Costs for room and board at a domestic violence shelter, emergency shelter or “safe home”;

(C) Moving costs;

(D) Property taxes for up to one year, if necessary to avoid foreclosure;

(E) Transportation costs to another area or residence; and

(F) Cost of repairs necessary to make the applicant’s housing habitable.

(b) Food costs.

(c) Medical costs, not covered by another source, that are incurred because of medical care:

(A) For a medical problem that appeared to be life-threatening at the time of occurrence;

(B) Necessary to prevent a medical problem from becoming life-threatening; or

(C) Deemed necessary by the Subgrantee Agency.

(d) Costs incurred for support services deemed necessary by the Subgrantee Agency to stabilize an applicant’s housing situation, including, but not limited to, child care, transportation, counseling, job training, education, and life skills training.

(e) Case management costs.

(2) A Subgrantee Agency may not expend more than ten percent of its Program funding for Administrative Costs.

(3) If a Subgrantee Agency subcontracts with another organization to provide a Program service or activity, that organization may not expend more than five percent of its Program funding for Administrative Costs.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0050

Funding Application

(1) Prior to providing Eligible Services under the Program, a Subgrantee Agency shall, on a biennial basis, submit to and obtain the approval of the Department for 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 Funding Application.

(2) A Subgrantee Agency’s Funding Application shall include details on how the Subgrantee Agency provided a meaningful opportunity for participation in the Work Plan by local service interests including CAFS.

(3) 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 assistance requested;

(c) A description of how the assistance will be used;

(d) Demonstration that the Subgrantee Agency and any designated contractor(s) have the capacity to deliver the Eligible Service 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 Subgrantee Agency’s Service Area.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0060

Reporting; Recordkeeping

(1) To insure accurate reporting, proper documentation and compliance with state guidelines for fiscal procedures, a Subgrantee Agency shall, at a minimum:

(a) Maintain accurate financial records which document the receipt and disbursement of all funds provided through the Program and ensure that its accounting system is in accordance with generally accepted accounting principles.

(b) Maintain accurate records which document the clients receiving Eligible Services through the Program. Such records shall be in a format designated by the Department.

(c) 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), and a fiscal report detailing all Administrative and Program Costs. Such reports shall be in a format designated by the Department;

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

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

(2) Records of Program activities, including but not limited to client files and fiscal records, shall be available to the Department and 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
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0070

Audit

(1) The Department shall, at a minimum, audit a Subgrantee Agency’s activities to verify a Subgrantee Agency’s fiscal compliance with the fiscal requirements regarding eligible client expenditures and Administrative Costs.

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

(3) If a Subgrantee Agency receives federal funds in excess of $300,000 in a fiscal year, the Subgrantee Agency shall conduct a single audit in compliance with Office of Management and Budget (OMB) Circular A-133, as revised June 24, 1997. If the Subgrantee Agency receives federal funds between $100,000 and $300,000 in a fiscal year, the Subgrantee Agency may elect to have a “program only” audit as provided in the same circular. A copy of the audit must be submitted to the Department after its completion.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0080

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
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0090

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
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-051-0100

Waiver

The Director may waive or modify any requirements of these rules in OAR 813, division 51, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 458.505 - 458.545
Stats. Implemented: ORS 458.505 - 458.545
Hist.: OHCS 6-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 4-2002, f. & cert. ef. 5-15-02; [Suspended by OHCS 4-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 15-2014(Temp), f. 2-10-14 thru 7-25-14]

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