[Code of Federal Regulations] [Title 24, Volume 3] [Revised as of April 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR574.3] [Page 199-200] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 574_HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS--Table of Contents Subpart A_General Sec. 574.3 Definitions. Subpart A_General Sec. 574.3 Definitions. Subpart B_Formula Entitlements 574.100 Eligible applicants. 574.110 Overview of formula allocations. 574.120 Responsibility of applicant to serve EMSA. 574.130 Formula allocations. 574.190 Reallocation of grant amounts. Subpart C_Competitive Grants 574.200 Amounts available for competitive grants. 574.210 Eligible applicants. 574.240 Application requirements. 574.260 Amendments. Subpart D_Uses of Grant Funds 574.300 Eligible activities. 574.310 General standards for eligible housing activities. 574.320 Additional standards for rental assistance. 574.330 Additional standards for short-term supported housing. 574.340 Additional standards for community residences. Subpart E_Special Responsibilities of Grantees and Project Sponsors 574.400 Prohibition of substitution of funds. 574.410 Capacity. 574.420 Cooperation. 574.430 Fee prohibitions. 574.440 Confidentiality. 574.450 Financial records. Subpart F_Grant Administration 574.500 Responsibility for grant administration. 574.510 Environmental procedures and standards. 574.520 Performance reports. 574.530 Recordkeeping. 574.540 Deobligation of funds. Subpart G_Other Federal Requirements 574.600 Cross-reference. 574.603 Nondiscrimination and equal opportunity. 574.605 Applicability of OMB circulars. 574.625 Conflict of interest. 574.630 Displacement, relocation and real property acquisition. 574.635 Lead-based paint. 574.640 Flood insurance protection. 574.645 Coastal barriers. 574.650 Audit. 574.655 Wage rates. Authority: 42 U.S.C. 3535(d) and 12901-12912. Source: 57 FR 61740, Dec. 28, 1992, unless otherwise noted. The terms Grantee and Secretary are defined in 24 CFR part 5. Acquired immunodeficiency syndrome (AIDS) or related diseases means the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV). Administrative costs mean costs for general management, oversight, coordination, evaluation, and reporting on eligible activities. Such costs do not include costs directly related to carrying out eligible activities, since those costs are eligible as part of the activity delivery costs of such activities. Applicant means a State or city applying for a formula allocation as described under Sec. 574.100 or a State, unit of general local government, or a nonprofit organization applying for a competitive grant as described under Sec. 574.210. City has the meaning given it in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). Eligible Metropolitan Statistical Area (EMSA) means a metropolitan statistical area that has a population of more than 500,000 and has more than 1,500 cumulative cases of AIDS. Eligible person means a person with acquired immunodeficiency syndrome or related diseases who is a low-income individual, as defined in this section, and the person's family. A person with AIDS or related diseases or a family member regardless of income is eligible to receive housing information services, as described in Sec. 574.300(b)(1). Any person living in proximity to a community residence is eligible to participate [[Page 200]] in that residence's community outreach and educational activities regarding AIDS or related diseases, as provided in Sec. 574.300(b)(9). Eligible State means a State that has: (1) More than 1,500 cumulative cases of AIDS in those areas of the State outside of eligible metropolitan statistical areas that are eligible to be funded through a qualifying city; and (2) A consolidated plan prepared, submitted, and approved in accordance with 24 CFR part 91 that covers the assistance to be provided under this part. (A State may carry out activities anywhere in the State, including within an EMSA.) Family means a household composed of two or more related persons. The term family also includes one or more eligible persons living with another person or persons who are determined to be important to their care or well being, and the surviving member or members of any family described in this definition who were living in a unit assisted under the HOPWA program with the person with AIDS at the time of his or her death. Low-income individual has the meaning given it in section 853(3) of the AIDS Housing Opportunity Act (42 U.S.C. 12902). Metropolitan statistical area has the meaning given it in section 853(5) of the AIDS Housing Opportunity Act (42.U.S.C. 12902). Nonprofit organization means any nonprofit organization (including a State or locally chartered, nonprofit organization) that: (1) Is organized under State or local laws; (2) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; (3) Has a functioning accounting system that is operated in accordance with generally accepted accounting principles, or has designated an entity that will maintain such an accounting system; and (4) Has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency syndrome or related diseases. Non-substantial rehabilitation means rehabilitation that involves costs that are less than or equal to 75 percent of the value of the building after rehabilitation. Population means total resident population based on data compiled by the U.S. Census and referable to the same point in time. Project sponsor means any nonprofit organization or governmental housing agency that receives funds under a contract with the grantee to carry out eligible activities under this part. The selection of project sponsors is not subject to the procurement requirements of 24 CFR 85.36. Qualifying city means a city that is the most populous unit of general local government in an eligible metropolitan statistical area (EMSA) and that has a consolidated plan prepared, submitted, and approved in accordance with 24 CFR part 91 that covers the assistance to be provided under this part. Rehabilitation means the improvement or repair of an existing structure, or an addition to an existing structure that does not increase the floor area by more than 100 percent. State has the meaning given it in section 853(9) of the AIDS Housing Opportunity Act (42 U.S.C. 12902). Substantial rehabilitation means rehabilitation that involves costs in excess of 75 percent of the value of the building after rehabilitation. Unit of general local government means any city, town, township, parish, county, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of the National Affordable Housing Act. [57 FR 61740, Dec. 28, 1992, as amended at 59 FR 17199, Apr. 11, 1994; 60 FR 1917, Jan. 5, 1995; 61 FR 5209, Feb. 9, 1996; 61 FR 7963, Feb. 29, 1996] [[Page 201]]