[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: 24CFR583.150]

[Page 251-252]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 
        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 583_SUPPORTIVE HOUSING PROGRAM--Table of Contents
 
                      Subpart B_Assistance Provided
 
Sec. 583.150  Limitations on use of assistance.

    (a) Maintenance of effort. No assistance provided under this part 
(or any State or local government funds used to supplement this 
assistance) may be used to replace State or local funds previously used, 
or designated for use, to assist homeless persons.
    (b) 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 Supportive Housing Program. Neither the Federal 
government nor a State or local government receiving funds under 
Supportive Housing 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 Supportive 
Housing 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 Supportive 
Housing 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 Supportive Housing Program funds to 
support any inherently religious activities, such as worship, religious 
instruction, or proselytization. Among other things, faith-based 
organizations may use space in their facilities to provide Supportive 
Housing Program-funded services, without removing religious art, icons, 
scriptures, or other religious symbols. In addition, a Supportive 
Housing Program-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 Supportive Housing 
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) Program funds may not be used for the acquisition, construction, 
or rehabilitation of structures to the extent that those structures are 
used for inherently religious activities. Program funds may be used for 
the acquisition, construction, or rehabilitation of structures only to 
the extent that those structures are used for conducting eligible 
activities under this part. Where a structure is used for both eligible 
and inherently religious activities, program funds may not exceed the

[[Page 252]]

cost of those portions of the acquisition, construction, or 
rehabilitation that are attributable to eligible activities in 
accordance with the cost accounting requirements applicable to 
Supportive Housing Program funds in this part. Sanctuaries, chapels, or 
other rooms that a Supportive Housing Program-funded religious 
congregation uses as its principal place of worship, however, are 
ineligible for Supportive Housing Program-funded improvements. 
Disposition of real property after the term of the grant, or any change 
in use of the property during the term of the grant, is subject to 
government-wide regulations governing real property disposition (see 24 
CFR parts 84 and 85).
    (6) 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.
    (c) Participant control of site. Where an applicant does not propose 
to have control of a site or sites but rather proposes to assist a 
homeless family or individual in obtaining a lease, which may include 
assistance with rent payments and receiving supportive services, after 
which time the family or individual remains in the same housing without 
further assistance under this part, that applicant may not request 
assistance for acquisition, rehabilitation, or new construction.

[58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1993; 
68 FR 56407, Sept. 30, 2003]