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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 240

HOMELESS ASSISTANCE

813-240-0001

Purpose and Objectives

OAR chapter 813, division 240, is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, and particularly ORS 458.505, which designates the Housing and Community Services Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. The State Homeless Assistance Program addressed in this division is one such program subject to department administration and has as its purpose the funding of emergency shelters and the supportive services directly related to them in order to meet the emergency needs of the homeless.

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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0005

Definitions

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

(1) "Administrative costs" means all costs that are not directly related to delivery of program services.

(2) “Assistant director” means the department’s assistant director for the housing stabilization program.

(3) "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 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 outlined in ORS 458.505(4).

(4) “Conditional” means subject to relevant conditions subsequent, including but not limited to continued department authority and funding capacity as well as subgrantee agency, to the satisfaction of the department, satisfying the terms of its funding application, maintaining legal standing as a CAA, timely satisfying relevant program requirements, and executing and recording (if required) relevant documents.

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

(6) “Director” means the department director as appointed by the governor.

(7) "Emergency shelter" means any appropriate facility that has the primary purpose of providing temporary or transitional shelter for the homeless in general or for specific populations of the homeless and the use of which does not require occupants to sign leases or occupancy agreements.

(8) “Funding agreement” means that master grant agreement or other written agreement, together with all incorporated documents and references, to be executed by and between the department and subgrantee agency in form and substance satisfactory to the department as a condition precedent for receipt of program funding from the department.

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

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

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

(12) "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.

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

(14) "Program” or “SHAP” means the State Homeless Assistance Program administered by the department pursuant to this division and other applicable law.

(15) “Program manual” or “manual” means the State Homeless Assistance Program Operations Manual as amended from time to time, incorporated herein by this reference. The manual may be accessed online on the department’s website.

(16) “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, other applicable department rules, and the manual), executive orders, local ordinances and codes.

(17) "Program services" means allowable services and activities related to emergency shelter funding and operation including, but not limited to, operational costs, shelter conversion or rehabilitation, shelter resident support services, and data collection as defined in the department program manual and eligible for funding under the program.

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

(19) "Subcontractor” or “subrecipient” 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, contracting with a subgrantee agency to provide program services.

(20) "Subgrantee agency" or “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 services at the local level.

(21) “Sufficiency” means that the quantity, thoroughness and quality of performance is satisfactory to the department, including but not limited to providing relevant information in a manner and to a degree for the department to assess appropriately subgrantee agency’s compliance with relevant program requirements such as the provision of services consistent with the terms of the funding agreement, state plan and other appropriate standards, goals and requirements established by the department.

(22) "Work plan" or "plan" means the subgrantee agency's plan for the use of program funds as approved by the department, which is a 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 - 458.515
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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0010

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 in 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. Whenever appropriate, program participants will be assisted in accessing other services designed to meet other, longer-term needs.

(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)(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 another organization to provide program services, that organization may expend up to an amount for administrative costs that does not exceed the subgrantee agency’s proportionate share of the 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.

(7) 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 - 458.515
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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0015 [Renumbered to 813-240-0035]

813-240-0020

Client Eligibility

(1) Program services will be available to households that are certified by the subgrantee agency as homeless.

(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
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; OHCS 17-2015, f. & cert. ef. 8-25-15

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

813-240-0035

Use of Funds

(1) Program funds will be used for homeless shelter services within the allowable program components and activities as further defined in the funding agreement and program manual.

(2) Program services shall not be utilized for purposes of rent or house payment to prevent eviction or foreclosure.

(3) Program funds granted or otherwise awarded shall not be used by the 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 existing funds or to support existing programs or establish new programs.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505 - ORS 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; Renumbered from 813-240-0015, OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0041

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 in writing 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. A funding application is 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 the local or regional continuum of care, local service providers, advocates, clients, businesses, churches, governments and other interested stakeholders.

(3) A subgrantee agency's funding application 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 community action agency cannot meet the requirements for the form and content of the funding application, the department, in its sole discretion, 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
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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0050

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 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 all required reports, data, and financial statements by department determined submission deadlines including:

(a) Program reports detailing the progress made toward meeting program performance measures and service delivery objectives; and

(b) Fiscal reports detailing all administrative and program costs.

(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 shall retain and keep accessible all program records for a minimum of five (5) years, or such longer period as may be required by applicable law and state records retention requirements, following final payment and termination of program involvement, or until the conclusion of any audit, controversy or litigation arising out of or related to the program, 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
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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0060

Compliance Monitoring; Remedies

(1) The department will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee agency and its subcontractors, inter alia, to verify compliance with program requirements. Subgrantee agencies and their subcontractors will cooperate fully with the department in its compliance monitoring.

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

(3)(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 partial or 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 will notify a subgrantee agency of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected.

(c) The department will require the subgrantee agency to correct any deficiencies in a manner and timeframe satisfactory to the department and may offer training and technical assistance to the subgrantee.

(d) The department, at its discretion, may offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, the department will review and issue a decision on whether to approve or disapprove.

(4) The department will provide adequate notice and opportunity for appeal prior to a remedial action that terminates organizational eligibility for program funding for cause.

(5) Appeals will be addressed to the assistant director or designee whose decision may be further appealed to the department director.

(6) 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.

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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0070

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
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; OHCS 17-2015, f. & cert. ef. 8-25-15

813-240-0080

Review by Subgrantee

(1) Subgrantee agencies will establish in writing a process satisfactory to the department that, in a timely manner, enables beneficiaries of 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 must 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
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; OHCS 17-2015, f. & cert. ef. 8-25-15

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