[Code of Federal Regulations]
[Title 24, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR582.115]

[Page 238-239]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 582_SHELTER PLUS CARE--Table of Contents
 
                      Subpart B_Assistance Provided
 
Sec. 582.115  Limitations on assistance.

    (a) Current occupants. Current occupants of the real property are 
not eligible for assistance under this part. However, as described in 
Sec. 582.335, persons displaced as a direct result of acquisition, 
rehabilitation, or demolition for a project under the S+C program are 
eligible for and must be provided relocation assistance at Uniform 
Relocation Act levels.
    (b) Amount of assistance provided within a jurisdiction. HUD will 
limit the amount of assistance provided within the jurisdiction of any 
one unit of local government to no more than 10 percent of the amount 
available.
    (c) Faith-based activities. (1) Organizations that are religious or 
faith-based are eligible, on the same basis as any other organization, 
to participate in the S+C program. Neither the Federal government nor a 
State or local government receiving funds under S+C programs shall 
discriminate against an organization on the basis of the organization's 
religious character or affiliation.
    (2) Organizations that are directly funded under the S+C program may 
not engage in inherently religious activities, such as worship, 
religious instruction, or proselytization as part of the programs or 
services funded under this part. If an organization conducts such 
activities, the activities must be offered separately, in time or 
location, from the programs or services funded under this part, and 
participation must be voluntary for the beneficiaries of the HUD-funded 
programs or services.
    (3) A religious organization that participates in the S+C program 
will retain its independence from Federal, State, and local governments, 
and may continue to carry out its mission, including the definition, 
practice and expression of its religious beliefs, provided that it does 
not use direct S+C funds to support any inherently religious activities, 
such as worship, religious instruction, or proselytization.

[[Page 239]]

Among other things, faith-based organizations may use space in their 
facilities to provide S+C-funded services, without removing religious 
art, icons, scriptures, or other religious symbols. In addition, an S+C-
funded religious organization retains its authority over its internal 
governance, and it may retain religious terms in its organization's 
name, select its board members on a religious basis, and include 
religious references in its organization's mission statements and other 
governing documents.
    (4) An organization that participates in the S+C program shall not, 
in providing program assistance, discriminate against a program 
beneficiary or prospective program beneficiary on the basis of religion 
or religious belief.
    (5) If a State or local government voluntarily contributes its own 
funds to supplement federally funded activities, the State or local 
government has the option to segregate the Federal funds or commingle 
them. However, if the funds are commingled, this section applies to all 
of the commingled funds.
    (d) Maintenance of effort. No assistance received under this part 
(or any State or local government funds used to supplement this 
assistance) may be used to replace funds provided under any State or 
local government assistance programs previously used, or designated for 
use, to assist persons with disabilities, homeless persons, or homeless 
persons with disabilities.

[58 FR 13892, Mar. 15, 1993, as amended at 68 FR 56407, Sept. 30, 2003]