[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR700.105]



[Page 5-7]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER VII--OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN 

 DEVELOPMENT (HOUSING ASSISTANCE PROGRAMS AND PUBLIC AND INDIAN HOUSING 

                                PROGRAMS)

 

PART 700_CONGREGATE HOUSING SERVICES PROGRAM--Table of Contents

 

Sec.  700.105  Definitions.



    In addition to the definitions in section 802(k), the following 

definitions apply to CHSP:

    Activity of Daily Living (ADL) means an activity regularly necessary 

for personal care.

    (1) The minimum requirements of ADLs include:

    (i) Eating (may need assistance with cooking, preparing or serving 

food, but must be able to feed self);

    (ii) Dressing (must be able to dress self, but may need occasional 

assistance);

    (iii) Bathing (may need assistance in getting in and out of the 

shower or tub, but must be able to wash self);

    (iv) Grooming (may need assistance in washing hair, but must be able 

to take care of personal appearance);

    (v) Getting in and out of bed and chairs, walking, going outdoors, 

using the toilet; and

    (vi) Household management activities (may need assistance in doing 

housework, grocery shopping or laundry, or getting to and from one 

location to another for activities such as going to the doctor and 

shopping, but must be mobile. The mobility requirement does not exclude 

persons in wheelchairs or those requiring mobility devices.)

    (2) Each of the Activities of Daily Living noted in paragraph (1) of 

this definition includes a requirement that a person must be able to 

perform at a specified minimal level (e.g., to satisfy the eating ADL, 

the person must be able to feed himself or herself). The determination 

of whether a person meets this minimal level of performance must include 

consideration of those services that will be performed by a person's 

spouse, relatives or other attendants to be provided by the individual. 

For example, if a person requires assistance with cooking, preparing or 

serving food plus assistance in feeding himself or herself, the 

individual would meet the minimal performance level and thus satisfy the 

eating ADL, if a spouse, relative or attendant provides assistance with 

feeding the person. Should such assistance become unavailable at any 

time, the owner is not obligated at any time to provide individualized 

services beyond those offered to the resident population in general. The 

Activities of Daily Living analysis is relevant only with regard to 

determination of a person's eligibility to receive supportive services 

paid for by CHSP and is not a determination of eligibility for 

occupancy;

    Adjusted income means adjusted income as defined in 24 CFR parts 813 

or 913.

    Applicant means a State, Indian tribe, unit of general local 

government, public housing authority (PHA), Indian housing authority 

(IHA) or local nonprofit housing sponsor. A State, Indian tribe, or unit 

of general local government may apply on behalf of a local



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nonprofit housing sponsor or a for-profit owner of eligible housing for 

the elderly.

    Area agency on aging means the single agency designated by the State 

Agency on Aging to administer the program described in Title III of the 

Older Americans Act of 1965 (45 CFR chapter 13).

    Assistant Secretary means the HUD Assistant Secretary for Housing-

Federal Housing Commissioner or the HUD Assistant Secretary for Public 

and Indian Housing.

    Case management means implementing the processes of: establishing 

linkages with appropriate agencies and service providers in the general 

community in order to tailor the needed services to the program 

participant; linking program participants to providers of services that 

the participant needs; making decisions about the way resources are 

allocated to an individual on the basis of needs; developing and 

monitoring of case plans in coordination with a formal assessment of 

services needed; and educating participants on issues, including, but 

not limited to, supportive service availability, application procedures 

and client rights.

    Eligible housing for the elderly means any eligible project 

including any building within a mixed-use project that was designated 

for occupancy by elderly persons, or persons with disabilities at its 

inception or, although not so designated, for which the eligible owner 

or grantee gives preference in tenant selection (with HUD approval) for 

all units in the eligible project (or for a building within an eligible 

mixed-use project) to eligible elderly persons, persons with 

disabilities, or temporarily disabled individuals. For purposes of this 

part, this term does not include projects assisted under the Low-Rent 

Housing Homeownership Opportunity program (Turnkey III (24 CFR part 905, 

subpart G)).

    Eligible owner means an owner of an eligible housing project.

    Excess residual receipts mean residual receipts of more than $500 

per unit in the project which are available and not committed to other 

uses at the time of application to HUD for CHSP. Such receipts may be 

used as matching funds and may be spent down to a minimum of $500/unit.

    For-profit owner of eligible housing for the elderly means an owner 

of an eligible housing project in which some part of the project's 

earnings lawfully inure to the benefit of any private shareholder or 

individual.

    Grantee or Grant recipient means the recipient of funding under 

CHSP. Grantees under this Program may be states, units of general local 

government, Indian tribes, PHAs, IHAs, and local nonprofit housing 

sponsors.

    Local nonprofit housing sponsor means an owner or borrower of 

eligible housing for the elderly; no part of the net earnings of the 

owning organization shall lawfully inure to the benefit of any 

shareholder or individual.

    Nonprofit includes a public housing agency as that term is defined 

in section 3(b)(6) of the United States Housing Act of 1937.

    Person with disabilities means a household composed of one or more 

persons, at least one of whom is an adult who has a disability.

    (1) A person shall be considered to have a disability if such person 

is determined under regulations issued by the Secretary to have a 

physical, mental, or emotional impairment which:

    (i) Is expected to be of long-continued and indefinite duration;

    (ii) Substantially impedes his or her ability to live independently; 

and

    (iii) Is of such a nature that the person's ability could be 

improved by more suitable housing conditions.

    (2) A person shall also be considered to have a disability if the 

person has a developmental disability as defined in section 102(5) of 

the Developmental Disabilities Assistance and Bill of Rights Act (42 

U.S.C. 6001-7). Notwithstanding the preceding provisions of this 

paragraph, the terms ``person with disabilities'' or ``temporarily 

disabled'' include two or more persons with disabilities living 

together, one or more such persons living with another person who is 

determined (under regulations prescribed by the Secretary of HUD) to be 

essential to their care or well-being, and the surviving member or 

members of any household where at least one or more persons was an adult 

with a disability who was living, in a



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unit assisted under this section, with the deceased member of the 

household at the time of his or her death.

    Program participant (participant) means any project resident as 

defined in section 802(e)(1) who is formally accepted into CHSP, 

receives CHSP services, and resides in the eligible housing project 

served by CHSP grant.

    Qualifying supportive services means those services described in 

section 802(k)(16). Under this Program, ``health-related services'' mean 

non-medical supervision, wellness programs, preventive health screening, 

monitoring of medication consistent with state law, and non-medical 

components of adult day care. The Secretary concerned may also approve 

other requested supportive services essential for achieving and 

maintaining independent living.

    Rural Housing Service (RHS) means a credit agency for rural housing 

and rural development in the U.S. Department of Agriculture (USDA).

    Secretary concerned means (1) The Secretary of Housing and Urban 

Development, with respect to eligible federally assisted housing 

administered by HUD; and

    (2) The Secretary of Agriculture with reference to programs 

administered by the Administrator of the Rural Housing Service.

    Service coordinator means CHSP staff person responsible for 

coordinating Program services as described in section 700.130.

    Service provider means a person or organization licensed or 

otherwise approved in writing by a State or local agency (e.g., 

Department of Health, Department of Human Services or Welfare) to 

provide supportive services.

    State agency means the State or an agency or instrumentality of the 

State.

    State agency on aging means the single agency designated by the 

Governor to administer the program described in Title III of the Older 

Americans Act of 1965 (See 45 CFR part 13).