[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: 24CFR581.9]



[Page 234-236]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND 

        DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 581_USE OF FEDERAL REAL PROPERTY TO ASSIST THE HOMELESS--Table of 

Contents

 

Sec.  581.9  Application process.



(OMB approval number 09370191)

    (a) Holding period. (1) Properties published as available for 

application for use to assist the homeless shall not be available for 

any other purpose for a period of 60 days beginning on the date of 

publication. Any representative of the homeless interested in any 

underutilized, unutilized, excess or surplus Federal property for use as 

a facility to assist the homeless must send to HHS a written expression 

of interest in that property within 60 days after the property has been 

published in the Federal Register.

    (2) If a written expression of interest to apply for suitable 

property for use to assist the homeless is received by HHS within the 60 

day holding period, such property may not be made available for any 

other purpose until the date HHS or the appropriate landholding agency 

has completed action on the application submitted pursuant to that 

expression of interest.

    (3) The expression of interest should identify the specific 

property, briefly describe the proposed use, include the name of the 

organization, and indicate whether it is a public body or a private non-

profit organization. The expression of interest must be sent to the 

Division of Health Facilities Planning (DHFP) of the Department of 

Health and Human Services at the following address:



Director, Division of Health Facilities Planning, Public Health Service, 

room 17A-10, Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 

20857.





HHS will notify the landholding agency (for unutilized and underutilized 

properties) or GSA (for excess and surplus properties) when an 

expression of interest has been received for a particular property.

    (4) An expression of interest may be sent to HHS any time after the 

60 day holding period has expired. In such a case, an application 

submitted pursuant to this expression of interest may be approved for 

use by the homeless if:

    (i) No application or written expression of interest has been made 

under any law for use of the property for any purpose; and

    (ii) In the case of excess or surplus property, GSA has not received 

a bona fide offer to purchase that property or advertised for the sale 

of the property by public auction.

    (b) Application requirements. Upon receipt of an expression of 

interest, DHFP will send an application packet to the interested entity. 

The application packet requires the applicant to provide certain 

information, including the following--

    (1) Description of the applicant organization. The applicant must 

document that it satisfies the definition of a ``representative of the 

homeless,'' as specified in Sec.  581.1 of this subpart. The applicant 

must document its authority to hold real property. Private non-profit 

organizations applying for deeds must document that they are section 

501(c)(3) tax-exempt.

    (2) Description of the property desired. The applicant must describe 

the property desired and indicate that any



[[Page 235]]



modifications made to the property will conform to local use 

restrictions except for local zoning regulations.

    (3) Description of the proposed program. The applicant must fully 

describe the proposed program and demonstrate how the program will 

address the needs of the homeless population to be assisted. The 

applicant must fully describe what modifications will be made to the 

property before the program becomes operational.

    (4) Ability to finance and operate the proposed program. The 

applicant must specifically describe all anticipated costs and sources 

of funding for the proposed program. The applicant must indicate that it 

can assume care, custody, and maintenance of the property and that it 

has the necessary funds or the ability to obtain such funds to carry out 

the approved program of use for the property.

    (5) Compliance with non-discrimination requirements. Each applicant 

and lessee under this part must certify in writing that it will comply 

with the requirements of the Fair Housing Act (42 U.S.C. 3601-3619) and 

implementing regulations; and as applicable, Executive Order 11063 

(Equal Opportunity in Housing) and implementing regulations; title VI of 

the Civil Rights Act of 1964 (42 U.S.C. 2000d to d-4) (Nondiscrimination 

in Federally Assisted Programs) and implementing regulations; the 

prohibitions against discrimination on the basis of age under the Age 

Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing 

regulations; and the prohibitions against otherwise qualified 

individuals with handicaps under section 504 of the Rehabilitation Act 

of 1973 (29 U.S.C. 794) and implementing regulations. The applicant must 

state that it will not discriminate on the basis of race, color, 

national origin, religion, sex, age, familial status, or handicap in the 

use of the property, and will maintain the required records to 

demonstrate compliance with Federal laws.

    (6) Insurance. The applicant must certify that it will insure the 

property against loss, damage, or destruction in accordance with the 

requirements of 45 CFR 12.9.

    (7) Historic preservation. Where applicable, the applicant must 

provide information that will enable HHS to comply with Federal historic 

preservation requirements.

    (8) Environmental information. The applicant must provide sufficient 

information to allow HHS to analyze the potential impact of the 

applicant's proposal on the environment, in accordance with the 

instructions provided with the application packet. HHS will assist 

applicants in obtaining any pertinent environmental information in the 

possession of HUD, GSA, or the landholding agency.

    (9) Local government notification. The applicant must indicate that 

it has informed the applicable unit of general local government 

responsible for providing sewer, water, police, and fire services, in 

writing of its proposed program.

    (10) Zoning and local use restrictions. The applicant must indicate 

that it will comply with all local use restrictions, including local 

building code requirements. Any applicant which applies for a lease or 

permit for a particular property is not required to comply with local 

zoning requirements. Any applicant applying for a deed of a particular 

property, pursuant to Sec.  581.9(b)(3), must comply with local zoning 

requirements, as specified in 45 CFR part 12.

    (c) Scope of evaluations. Due to the short time frame imposed for 

evaluating applications, HHS' evaluation will, generally, be limited to 

the information contained in the application.

    (d) Deadline. Completed applications must be received by DHFP, at 

the above address, within 90 days after an expression of interest is 

received from a particular applicant for that property. Upon written 

request from the applicant, HHS may grant extensions, provided that the 

appropriate landholding agency concurs with the extension. Because each 

applicant will have a different deadline based on the date the applicant 

submitted an expression of interest, applicants should contact the 

individual landholding agency to confirm that a particular property 

remains available prior to submitting an application.

    (e) Evaluations. (1) Upon receipt of an application, HHS will review 

it for completeness, and, if incomplete, may



[[Page 236]]



return it or ask the applicant to furnish any missing or additional 

required information prior to final evaluation of the application.

    (2) HHS will evaluate each completed application within 25 days of 

receipt and will promptly advise the applicant of its decision. 

Applications are evaluated on a first-come, first-serve basis. HHS will 

notify all organizations which have submitted expressions of interest 

for a particular property regarding whether the first application 

received for that property has been approved or disapproved. All 

applications will be reviewed on the basis of the following elements, 

which are listed in descending order of priority, except that paragraphs 

(e)(2)(iv) and (e)(2)(v) of this section are of equal importance.

    (i) Services offered. The extent and range of proposed services, 

such as meals, shelter, job training, and counseling.

    (ii) Need. The demand for the program and the degree to which the 

available property will be fully utilized.

    (iii) Implementation time. The amount of time necessary for the 

proposed program to become operational.

    (iv) Experience. Demonstrated prior success in operating similar 

programs and recommendations attesting to that fact by Federal, State, 

and local authorities.

    (v) Financial ability. The adequacy of funding that will likely be 

available to run the program fully and properly and to operate the 

facility.

    (3) Additional evaluation factors may be added as deemed necessary 

by HHS. If additional factors are added, the application packet will be 

revised to include a description of these additional factors.

    (4) If HHS receives one or more competing applications for a 

property within 5 days of the first application HHS will evaluate all 

completed applications simultaneously. HHS will rank approved 

applications based on the elements listed in Sec.  581.8(e)(2), and 

notify the landholding agency, or GSA, as appropriate, of the relative 

ranks.