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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 145

EMERGENCY SHELTER GRANT PROGRAM

813-145-0000

Purpose and Objectives

OAR 813, division 145, are promulgated to accomplish the general purpose of ORS 458.505 to 458.545, specifically 458.505 to 458.515, which designates the Housing and Community Services Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. These administrative rules describe the Emergency Shelter Grant Program, which operates through a network of service agencies at the local level. The Program’s objective is to increase assistance available to those who are homeless so that they have access to safe shelter and to other services designed to improve their situations.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0010

Definitions

All words and terms are used in OAR 813, division 145, are defined in the Act and in 813-005-0005 and below. As used in OAR 813, division 145, unless the context indicates otherwise:

(1) “Administrative Costs” mean all costs which are not directly related to delivery of Program services under OAR 813, division 145.

(2) “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 by the Department of Health and Human Services as a community action agency pursuant to the Economic Opportunity Act of 1964, which meets the requirements outlined in ORS 458.505(4).

(3) “Conversion” means a change in the use of a building to an Emergency Shelter for the Homeless, where the cost of conversion and any rehabilitation costs exceed 75 percent of the value of the building before conversion.

(4) “Eligible Services” means services related to providing emergency shelter for the Homeless under this Program.

(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) “Essential Services” means services provided to the Homeless that are deemed essential by the Subgrantee Agency, including, but not limited to, services concerned with employment, health, drug abuse, and education.

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

(8) “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.

(9) “Homeless Prevention” means activities or programs designed to prevent the incidence of homelessness.

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

(11) “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.

(12) “Major Rehabilitation” means Rehabilitation where the cost of Rehabilitation exceeds 75 percent of the value of the building before Rehabilitation.

(13) “Operating Costs” means the expenses incurred by a Subgrantee Agency in operating an Emergency Shelter, including but not limited to maintenance, repairs, insurance, rent, utilities, fuel, furnishings, equipment and security.

(14) “Operational Staff Costs” means Operating Costs related to the staff whose salaries and benefits are paid under the Program

(15) “Rehabilitation” means the labor, material, tools and other costs of improving a building other than minor or routine repairs.

(16) “Renovation” means Rehabilitation where the cost of Rehabilitation is 75 percent or less of the value of the building before Rehabilitation.

(17) “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.

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

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

(20) “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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0020

Administration

(1) 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, it will have the right of first refusal to serve as the Subgrantee Agency.

(2) The Department may allocate Program funds to the Subgrantee Agency 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) 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.

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

(6) 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 services going forward.

(7) 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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0030

Eligible Activities

(1) Program funds may be used for one or more of the following activities relating to Emergency Shelter for the Homeless:

(a) Renovation, Major Rehabilitation or Conversion of buildings for use as Emergency Shelters for the Homeless;

(b) Provision of Essential Services to the Homeless;

(c) Payment of maintenance and operating costs of a Homeless Shelter, including but not limited to rent, repair, security, insurance, fuel, utilities, equipment and furnishings; and

(d) Developing and implementing Homeless Prevention activities.

(2) A building being converted to an Emergency Shelter or an Emergency Shelter receiving Major Rehabilitation must be used as an Emergency Shelter for at least 10 years after such conversion or Major Rehabilitation. An Emergency Shelter undergoing Renovation must be used as an Emergency Shelter for at least 3 years after such Renovation.

(3) The following are the maximum amounts of Program funds that the Department can allocate on a statewide basis to certain Program activities:

(a) Essential Services — 30 percent of the State appropriation for the Program;

(b) Homeless Prevention — 30 percent of the State appropriation for the Program; and

(c) Administrative Costs — 5 percent of the State appropriation for the Program.

(A) The Department will expend no more than 2.5 percent of the State appropriations for the Program on Administrative Costs.

(B) The remaining amount (i.e., 5 percent of the State appropriations for the Program minus the amount expended by the Department pursuant to OAR 813-145-0030(3)(c)(A)) shall be allocated to the Subgrantee Agencies for Administrative Costs through a formula established by the Department

(4) A Subgrantee Agency shall expend no more than 10% of its allocation for Operational Staff Costs.

(5) A Subgrantee Agency must match the Program grant with an equal amount of funds from local, private or other State General Funds.

Stat. Auth.: ORS 458.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0040

Funding Application

(1) Prior to providing Program services, 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.

(2) A Subgrantee Agency’s Funding Application shall identify the needs of the Homeless and potential strategies to address those needs.

(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, including the minimum number of clients to be served;

(d) Demonstration that the Subgrantee Agency and any designated contractor(s) have the capacity to deliver the Program service proposed in the Work Plan;

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

(f) A geographic description of the Subgrantee Agency’s Service Area; and

(g) A certification letter executed by the appropriate local jurisdiction approving the Subgrantee Agency’s use of Program funds as proposed in the Subgrantee Agency’s Funding Application.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0050

Reporting; Recordkeeping

(1) A Subgrantee Agency shall, at a minimum:

(a) Maintain accurate records which document the receipt and disbursement of all funds provided through the Program;

(b) Maintain financial accurate records, in a format designated by the Department, which document the clients receiving services through the Program and ensure that its accounting system is in accordance with generally accepted accounting principles;

(c) Provide the Department with the following reports, which shall be in form and substance satisfactory to the Department:

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

(B) Within 90 days after the close of the Program, final Program and fiscal reports;

(C) Within 15 working days following the end of each calendar quarter, a Program report detailing the progress made by the Subgrantee Agency toward Program objectives; and

(D) Promptly upon request, any annual report requested by the U.S. Department of Urban Development.

(2) Records of Program activities including 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 four (4) 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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0060

Audit

(1) The Department shall, at a minimum, audit a Subgrantee Agency’s activities to verify a Subgrantee Agency’s compliance with the fiscal 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.

(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-1333, as revised June 24, 1997. If a 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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0070

Appeal Procedure

Local interest groups, service providers or representatives thereof who oppose the proposed 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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0080

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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-145-0090

Waiver

The Director may waive or modify any requirements of the rules in OAR 813, division 145, 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 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; Suspended by OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

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