[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: 24CFR891.305]



[Page 187-188]

 

                 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 C_Section 811 Supportive Housing for Persons With Disabilities

 

Sec.  891.305  Definitions.



    As used in this part in reference to the Section 811 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 persons with disabilities.

    Congregate space (hereinafter referred to as community space) means 

space for multipurpose rooms, common areas, and other space necessary 

for the provision of supportive services. Community space does not 

include commercial areas.

    Disabled household means a household composed of:

    (1) One or more persons at least one of whom is an adult (18 years 

or older) who has a disability;

    (2) Two or more persons with disabilities living together, or one or 

more such persons living with another person who is determined by HUD, 

based upon a certification from an appropriate professional (e.g., a 

rehabilitation counselor, social worker, or licensed physician) to be 

important to their care or well being; or

    (3) The surviving member or members of any household described in 

paragraph (1) of this definition who were living in a unit assisted 

under this part, with the deceased member of the household at the time 

of his or her death.

    Nonprofit organization means any institution or foundation:

    (1) That has tax-exempt status under section 501(c)(3) 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 Board 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 (including persons with disabilities); and

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

under this part; and

    (4) That is approved by HUD as to financial responsibility.

    Owner means a single-purpose nonprofit organization established by 

the Sponsor that will receive a capital advance and project rental 

assistance payments to develop and operate, as its legal owner, 

supportive housing for persons with disabilities under this part. The 

purposes of the Owner must include the promotion of the welfare of 

persons with disabilities. The Owner may not be controlled by or under 

the direction of persons or firms seeking to derive profit or gain 

therefrom.

    Person with disabilities shall have the meaning provided in Section 

811 (42 U.S.C. 8013(k)(2)). The term ``person with disabilities'' shall 

also include the following:

    (1) A person who has a developmental disability, as defined in 

section 102(7) of the Developmental Disabilities Assistance and Bill of 

Rights Act (42 U.S.C. 6001(5)), i.e., if he or she has a severe chronic 

disability which:

    (i) Is attributable to a mental or physical impairment or 

combination of mental and physical impairments;

    (ii) Is manifested before the person attains age twenty-two;

    (iii) Is likely to continue indefinitely;

    (iv) Results in substantial functional limitation in three or more 

of the following areas of major life activity:

    (A) Self-care;

    (B) Receptive and expressive language;

    (C) Learning;

    (D) Mobility;

    (E) Self-direction;

    (F) Capacity for independent living;

    (G) Economic self-sufficiency; and

    (v) Reflects the person's need for a combination and sequence of 

special, interdisciplinary, or generic care, treatment, or other 

services which are of lifelong or extended duration and are individually 

planned and coordinated.

    (2) A person with a chronic mental illness, i.e., a severe and 

persistent mental or emotional impairment that seriously limits his or 

her ability to live independently, and which impairment could be 

improved by more suitable housing conditions.

    (3) A person infected with the human acquired immunodeficiency virus 

(HIV) and a person who suffers from alcoholism or drug addiction, 

provided they



[[Page 188]]



meet the definition of ``person with disabilities'' in Section 811 (42 

U.S.C. 8013(k)(2)). A person whose sole impairment is a diagnosis of HIV 

positive or alcoholism or drug addiction (i.e., does not meet the 

qualifying criteria in section 811 (42 U.S.C. 8013(k)(2)) will not be 

eligible for occupancy in a section 811 project.

    Sponsor means any nonprofit entity:

    (1) That has tax-exempt status under section 501(c)(3) 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 private shareholder, member, founder, contributor or individual;

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

firms seeking to derive profit or gain therefrom;

    (4) That has a governing board the membership of which is selected 

in a manner to assure that there is significant representation of the 

views of persons with disabilities; and

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

capacity and responsibility.



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

FR 54210, Sept. 13, 2005]