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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 240

HOMELESS ASSISTANCE

813-240-0001

Purpose and Objectives

OAR 813, division 240, is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, specifically 458.505, which designates the Housing and Community Services Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. OAR 813, division 240, describes the State Homeless Assistance Program, which is administered through a network of Subgrantee Agencies at the local level. The Program’s objective is to help meet the emergency needs of the Homeless by providing funds for Emergency Shelters and the supportive services directly related to them.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0005

Definitions

All words and terms used in OAR 813, division 240, defined in the Act, in 813-005-0005 and in this 813-240-0005. As used in OAR 813, division 240, unless the context indicates otherwise:

(1) “Administrative Costs” means all costs which are not directly related to delivery of Program services.

(2) “Community Action Agency” or “CAA” means a private, nonprofit corporation organized under ORS Chapter 65, or 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) “Eligible Services” means activities related to the running of Emergency Shelter Programs, including, but not limited to, operational costs, shelter conversion or rehabilitation, education and salaries for staff, and counseling and other support services for clients.

(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 a shelter or institution, i.e., 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) “Program Costs” means those costs directly associated with Eligible Services.

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

(10) “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.

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

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505 - 458.515
Hist.: AFS 65-1985, f. & ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0000; HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; Renumbered from 813-240-0000; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0010

Administration

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

(2) The Department may contract with a Subgrantee Agency to provide Program services and activities at the local level.

(3) In a Service Area where a Community Action Agency exists, it will have the first right of refusal to serve as the Subgrantee Agency.

(4) 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.

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

(6) 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 persons within the Service Area and to prevent duplication of services.

(7) The Department may conduct a review of a Subgrantee 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 to assure that the Subgrantee Agency is achieving its Work Plan objectives.

(8) 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 Services going forward.

(9) A Subgrantee Agency shall comply with pertinent local ordinances, state rules and regulations, and federal rules and regulations.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505 - 458.515
Hist.: AFS 65-1985, f. & ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0005; HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0015

Use of Funds

(1) Eligible Services funded under this Program includes shelter and auxiliary activities designed to stabilize the housing situation of the participant or lead the participant out of the shelter. Such activities may include, but are not limited to, case management, nutritional assistance, personal hygiene and referral.

(2) Eligible Services obtained through the Program shall not be utilized for purposes of rent or house payment to prevent eviction or foreclosure.

(3) The Department may expend for Administrative Costs no more than five percent of the appropriation for this Program.

(a) A Subgrantee Agency may expend for Administrative Costs of the services and activities funded by the Program no more than ten percent of its funding award.

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

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505 - 458.515
Hist.: AFS 65-1985, f. & ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0015; HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 6-2002, f. & cert. ef. 5-15-02; Renumbered from 813-240-0030 by OHCS 12-2014, f. & cert. ef. 1-27-14; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0020

Eligibility

(1) A Subgrantee Agency shall make a determination of an applicant’s eligibility to receive Eligible Services under the Program. A Subgrantee Agency may make such a determination based on an applicant’s self-declaration or by referral from local, state or federal human service agencies.

(2) An applicant is eligible for Emergency Shelter assistance through the Program if the applicant is Homeless.

(3) Residency within a Subgrantee Agency’s Service Area shall not be an eligibility requirement.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: AFS 65-1985, f. & ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0010; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0030 [Renumbered to 813-240-0015]

813-240-0041

Funding Application

(1) Prior to providing 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.

(a) A Subgrantee Agency’s Funding Application shall contain a needs assessment of the Homeless in its Service Area and potential strategies to address those needs.

(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 assistance allocation requested;

(C) A description of how the assistance will be used, including the minimum number of Homeless to be served;

(D) Demonstration that the Subgrantee Agency and any designated contractor(s) 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 Subgrantee Agency’s Service Area.

(2) The Department may review a Subgrantee Agency’s Funding Application for compliance with the requirements of the Program and may request additional information, if applicable, within 20 business days of receipt of the Funding Application.

Stat. Auth.: ORS 456.555
Stats Implemented: ORS 458.505
Hist.: OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0050

Fiscal Control/Reporting Requirements/Documentation

(1) 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 have an accounting system in place which meets generally accepted accounting principles.

(b) Maintain accurate records which document the clients receiving Eligible Services through the Program;

(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 Subgrantee Agency’s progress made toward Program objectives.

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

(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.: AFS 65-1985, f. & ef. 11-5-85; AFS 37-1988, f. 5-12-88, cert. ef. 5-12-88 (and corrected 5-18-88); HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0025; HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0060

Audit

(1) The Department may from time to time 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 audits 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
Hist.: AFS 65-1985, f. & ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0030; HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0070

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
Hist.: OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0080

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 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-240-0090

Waiver

The Director may waive or modify any requirements of OAR 813, division 240, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 411 & 458.505 - 458.515
Stats Implemented: ORS 458.505
Hist.: OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; [Suspended by OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14]

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