24 C.F.R. Subpart A—General
Title 24 - Housing and Urban Development
This part implements the Emergency Shelter Grants program contained in subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371–11378). The program authorizes the Secretary to make grants to States, units of general local government, territories, and Indian tribes (and to private nonprofit organizations providing assistance to homeless individuals in the case of grants made with reallocated amounts) for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain operating expenses and essential services in connection with emergency shelters for the homeless, and for homeless prevention activities. The program is designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as to prevent homelessness. [61 FR 51548, Oct. 2, 1996] The terms Grantee and HUD are defined in 24 CFR part 5. Administrative costs means as the term is defined in §583.135(b) of this part, except that the exclusion relates to the costs of carrying out eligible activities under §576.21(a). Consolidated plan means the plan prepared in accordance with part 91 of this title. An approved consolidated plan means a consolidated plan that has been approved by HUD in accordance with part 91 of this title. Conversion means a change in the use of a building to an emergency shelter for the homeless under this part, where the cost of conversion and any rehabilitation costs exceed 75 percent of the value of the building after conversion. Emergency shelter means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless. Essential services includes services concerned with employment, health, drug abuse, and education and may include (but are not limited to): (1) Assistance in obtaining permanent housing. (2) Medical and psychological counseling and supervision. (3) Employment counseling. (4) Nutritional counseling. (5) Substance abuse treatment and counseling. (6) Assistance in obtaining other Federal, State, and local assistance including mental health benefits; employment counseling; medical assistance; Veteran's benefits; and income support assistance such as Supplemental Security Income benefits, Aid to Families with Dependent Children, General Assistance, and Food Stamps; (7) Other services such as child care, transportation, job placement and job training; and (8) Staff salaries necessary to provide the above services. Formula city or county means a metropolitan city or urban county that is eligible to receive an allocation of grant amounts under §576.5. Homeless means as the term is defined in 42 U.S.C. 11302. Homeless prevention means activities or programs designed to prevent the incidence of homelessness, including (but not limited to): (1) Short-term subsidies to defray rent and utility arrearages for families that have received eviction or utility termination notices; (2) Security deposits or first month's rent to permit a homeless family to move into its own apartment; (3) Mediation programs for landlord-tenant disputes; (4) Legal services programs for the representation of indigent tenants in eviction proceedings; (5) Payments to prevent foreclosure on a home; and (6) Other innovative programs and activities designed to prevent the incidence of homelessness. Indian tribe means as the term is defined in 42 U.S.C. 5302(a). Major rehabilitation means rehabilitation that involves costs in excess of 75 percent of the value of the building before rehabilitation. Metropolitan city means a city that was classified as a metropolitan city under 42 U.S.C. 5302(a) for the fiscal year immediately preceding the fiscal year for which emergency shelter grant amounts are made available. Nonprofit recipient means any private nonprofit organization providing assistance to the homeless, to which a State or unit of general local government distributes emergency shelter grant amounts. Obligated means that the grantee or State recipient, as appropriate, has placed orders, awarded contracts, received services, or entered similar transactions that require payment from the grant amount. Grant amounts that a unit of general local government or State awards to a private nonprofit organization by a written agreement or letter of award requiring payment from the grant amount are obligated. Private nonprofit organization means as the term is defined in 42 U.S.C. 11371. Rehabilitation means the labor, materials, tools, and other costs of improving buildings, other than minor or routine repairs. The term includes where the use of a building is changed to an emergency shelter and the cost of this change and any rehabilitation costs does not exceed 75 percent of the value of the building before the change in use. Renovation means rehabilitation that involves costs of 75 percent or less of the value of the building before rehabilitation. Responsible entity means as the term is defined in §58.2 of this title, as applied though §58.1(b)(3) of this title and §576.57(e). State means each of the several States and the Commonwealth of Puerto Rico. Territory means each of the following: the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, Palau (Trust Territory of the Pacific), and any other territory or possession of the United States. State recipient means any unit of general local government or nonprofit organization to which a State makes available emergency shelter grant amounts. Unit of general local government means any city, county, town, township, parish, village, or other general purpose political subdivision of a State. Urban county means a county that was classified as an urban county under 42 U.S.C. 5302(a) for the fiscal year immediately preceding the fiscal year for which emergency shelter grant amounts are made available. Value of the building means the monetary value assigned to a building by an independent real estate appraiser, or as otherwise reasonably established by the grantee or the State recipient. [54 FR 46799, Nov. 7, 1989, as amended at 56 FR 56128, Oct. 31, 1991; 60 FR 1918, Jan. 5, 1995; 61 FR 5210, Feb. 9, 1996; 61 FR 51548, Oct. 2, 1996] (a) Territories. HUD will set aside for allocation to the territories an amount equal to 0.2 percent of the total amount of each appropriation under this part in any fiscal year. HUD will allocate this set-aside amount to each territory based upon its proportionate share of the total population of all territories. (b) States, metropolitan cities, urban counties, and Indian tribes. HUD will allocate the amounts that remain after the set-aside to territories under paragraph (a) of this section, to States, metropolitan cities, urban counties, and Indian tribes, as provided in 42 U.S.C. 11373. HUD will subsequently distribute the amount set aside for Indian tribes under this paragraph as provided in §576.31. (c) Notification of allocation amount. HUD will notify in writing each State, metropolitan city, urban county, and territory that is eligible to receive an allocation under this section of the amount of its allocation. [61 FR 51549, Oct. 2, 1996]
Title 24: Housing and Urban Development
PART 576—EMERGENCY SHELTER GRANTS PROGRAM: STEWART B. McKINNEY HOMELESS ASSISTANCE ACT
Subpart A—General
§ 576.1 Applicability and purpose.
§ 576.3 Definitions.
§ 576.5 Allocation of grant amounts.
