[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: 24CFR891.205]



[Page 185-186]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

  CHAPTER VIII--OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL 

 

PART 891_SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES

--Table of Contents

 

        Subpart B_Section 202 Supportive Housing for the Elderly

 

Sec.  891.205  Definitions.



    As used in this part in reference to the Section 202 Program, and in 

addition to the applicable definitions in Sec.  891.105:

    Acquisition means the purchase of (or otherwise obtaining title to) 

existing housing and related facilities to be used as supportive housing 

for the elderly.

    Activities of daily living (ADL) means eating, dressing, bathing, 

grooming, and household management activities, as further described 

below:

    (1) Eating--May need assistance with cooking, preparing, or serving 

food, but must be able to feed self;

    (2) Bathing--May need assistance in getting in and out of the shower 

or tub, but must be able to wash self;

    (3) Grooming--May need assistance in washing hair, but must be able 

to take care of personal appearance;

    (4) Dressing--Must be able to dress self, but may need occasional 

assistance; and

    (5) Home management activities--May need assistance in doing 

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

    Congregate space (hereinafter referred to as community space) shall 

have the meaning provided in section 202 (12 U.S.C. 1701q(h)(1)). The 

term ``community spaces'' excludes offices, halls, mechanical rooms, 

laundry rooms, parking areas, dwelling units, and lobbies. Community 

space does not include commercial areas.

    Elderly person means a household composed of one or more persons at 

least one of whom is 62 years of age or more at the time of initial 

occupancy.

    Frail elderly means an elderly person who is unable to perform at 

least three activities of daily living as defined in this section. 

Owners may establish additional eligibility requirements acceptable to 

HUD based on the standards in local supportive services programs.

    Owner means a single-purpose private nonprofit organization that may 

be established by the Sponsor that will receive a capital advance and 

project rental assistance payments to develop and operate supportive 

housing for the elderly as its legal owner. Owner does not mean a public 

body or the instrumentality of any public body. The purposes of the 

Owner must include the promotion of the welfare of the elderly. The 

Owner may not be controlled by or under the direction of persons or 

firms seeking to derive profit or gain therefrom.

    Private nonprofit organization means any incorporated private 

institution or foundation:

    (1) That has tax-exempt status under section 501(c)(3) or (c)(4) of 

the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.);

    (2) No part of the net earnings of which inures to the benefit of 

any member, founder, contributor, or individual;

    (3) That has a governing board:

    (i) The membership of which is selected in a manner to assure that 

there is significant representation of the views of the community in 

which such housing is located; and



[[Page 186]]



    (ii) That is responsible for the operation of the housing assisted 

under this part; and

    (4) That is approved by HUD as to administrative and financial 

responsibility.

    Services expenses means those costs needed to provide the necessary 

services for the elderly tenants, which may include, but are not limited 

to: health related activities, continuing education, welfare, 

informational, recreational, homemaking, meal and nutritional services, 

counseling, and referral services as well as transportation as necessary 

to facilitate access to these services.

    Sponsor means any private nonprofit entity, including a consumer 

cooperative:

    (1) No part of the net earnings of which inures to the benefit of 

any private shareholder, member, founder, contributor, or individual;

    (2) That is not controlled by, or under the direction of, persons or 

firms seeking to derive profit or gain therefrom; and

    (3) That is approved by the Secretary as to administrative and 

financial capacity and responsibility. The term Sponsor does not mean a 

public body or the instrumentality of a public body.



[61 FR 11956, Mar. 22, 1996, as amended at 68 FR 67321, Dec. 1, 2003; 70 

FR 54209, Sept. 13, 2005]