[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: 24CFR582.115]



[Page 242-243]

 

                 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. 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



[[Page 243]]



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]