| (a) Subrecipient must have written policies and procedures
to ensure that sufficient records are established and maintained to
enable a determination that applicable federal and state requirements
are met. The written standards must be applied consistently for all
Program Participants. Written policies must include, but not be limited
to, Inclusive Marketing outlined in §7.10 of this chapter (relating
to Inclusive Marketing).
(b) Subrecipient must obtain the correct level of environmental
clearance prior to expenditure of funds. Activities for which the
Subrecipient does not properly complete the Department's environmental
review process are ineligible, and funds will not be reimbursed or
will be required to be repaid.
(c) Subrecipient is prohibited from charging occupancy
fees for emergency shelter activities supported by funds covered by
this subchapter.
(d) If a Private Nonprofit Organization Subrecipient
wishes to expand the geographic scope of its emergency shelter activities
after Contract execution, an updated certification of approval from
the Unit of General Purpose Local Government with jurisdiction over
the updated Service Area must be submitted to the Department before
funds are spent on emergency shelter in those areas.
(e) Subrecipient must document compliance with the
shelter and housing standards per 24 CFR §576.500(j) and (k),
including but not limited to, maintaining sufficient construction
and shelter inspection reports.
(f) Rental developments must comply with all construction
or operational requirements governing the development or program to
which funds are comingled, and must comply with local health and safety
codes.
(g) Subrecipient may be required to complete Contract
orientation training prior to submission of the first Monthly Expenditure
Report. Subrecipient must also complete training as requested by the
Department in response to Findings or other issues identified while
managing the Contract.
(h) Subrecipient must develop and establish written
procurement procedures that comply with federal, State, and local
procurement requirements. A conflict of interest related to procurement
is prohibited by 2 CFR §200.317-318 or Chapter 171 of the Local
Government Code, as applicable.
(i) In instances where a potential conflict of interest
exists related to a beneficiary of assistance to a Program Participant,
Subrecipient must submit a request to the Department to grant an exception
to any conflicts prohibited using the procedures at 24 CFR §576.404.
The request submitted to the Department must include a disclosure
of the nature of the conflict, accompanied by an assurance that there
has been public disclosure of the conflict, a description of how the
public disclosure was made, and an attorney's opinion that the conflict
does not violate State or local law. No funds will be committed to
assist a Household until HUD has granted an exception.
(j) Subrecipient will comply with the requirements
under 24 CFR §576.409, "Protection for victims of domestic violence,
dating violence, sexual assault, or stalking."
(1) Compliance with 24 CFR §576.409 includes,
but is not limited to, providing two Departmental forms called "Notice
of Occupancy Rights under the Violence Against Women Act" based on
HUD form 5380 and "Certification of Domestic Violence, Dating Violence,
Sexual Assault, or Stalking," HUD form 5382, to each of the following:
(A) All applicants for short- and medium-term rental
assistance at the time of admittance or denial;
(B) Program Participants of short- and medium-term
rental assistance prior to execution of a Rental Assistance Agreement;
(C) Program Participants of short- and medium-term
rental assistance with any notification of eviction or notification
of termination of assistance; and
(D) Program Participants of short- and medium-term
rental assistance either during an annual Recertification or lease
renewal process, whichever is applicable.
(2) Subrecipient will adopt and follow an Emergency
Transfer Plan based on HUD's model Emergency Transfer Plan, pursuant
to 24 CFR §5.2005(e). Within three calendar days after Program
Participants request transfers, Subrecipient will inform Program Participants
of their eligibility under their Emergency Transfer Plan and keep
records of all outcomes.
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