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<br /> Federal Register / Vol. 61, No. 57 / Friday, March 22, 1996 / Rules and Regulations 11961
<br /> 3891.175 Technical assistance. activities of daily living as defined in "Sponsor'does not mean a public body
<br /> For purposes of the Section 202 this section.Owners may establish or the instrumentality of a public body.
<br /> Program and the Section 811 Program, additional eligibility requirements
<br /> the Secretary shall make available acceptable to HUD based on the 3881 210 Special project standards.
<br /> appropriate technical assistance to standards in local supportive services In addition to the applicable project
<br /> assure that applicants having limited programs. standards in§891.120,resident units in
<br /> resources,particularly minority Owner means a single-purpose private Section 202 projects are limited to
<br /> applicants,are able to participate more nonprofit organization that may be efficiencies or one-bedroom units.If a
<br /> fully in the programs. established by the Sponsor that will resident manager is proposed for a
<br /> receive a capital advance and project project,up to two bedrooms could be
<br /> i Subpart B—Section 202 Supportive rental assistance payments to develop provided for the resident manager unit.
<br /> Housing for the Elderly and operate supportive housing for the
<br /> 3891.200 Applicability. elderly as its legal owner.Owner does 3891.215 Limits on number of units.
<br /> not mean a public body or the (a) HUD may establish,through
<br /> The requirements set forth in this instrumentality of any public body.The publication of a notice in the Federal
<br /> subpart B apply to the Section 202 purposes of the Owner must include the Register,limits on the number of units
<br /> Program of Supportive Housing for the promotion of the welfare of the elderly. that can be applied for by a Sponsor or
<br /> Elderly only,and to applicants, The Owner may not be controlled by or Co-sponsor in a single geographical
<br /> Sponsors,and Owners under that under the direction of persons or firms region and/or nationwide.
<br /> program. seeking to derive profit or gain
<br /> therefrom. (b)Affiliated entities that submit
<br /> §891.205 Definitions. separate applications shall be deemed to
<br /> Private nonprofit organization
<br /> As used in this part in reference to the any incorporated private Institution be a single entity for purposes of these
<br /> on or
<br /> Section 202 Program,and in addition to limits.
<br /> the applicable definitions in§891.105: foundation:
<br /> Acquisition means the purchase of(or (1)That has tax-exempt status under f notice tian the Federal
<br /> otherwise obtaining title to existing section 501(c)(3)or(c)(4)of the Internal publication
<br /> g ) g Revenue Code of 1986 (26 U.S.C. 1 et Register,the minimum size of a single
<br /> housing and related facilities from the project.
<br /> Resolution Trust Corporation. seq.);
<br /> Activities of daily living(ADL)means ( No part of the net earnings of 38912M Prohibited facilities.
<br /> eating,dressing,bathing,grooming,and "Whi ch inures to the benefit of any
<br /> household management activities,as member,founder,contributor,or Projects may not include facilities for
<br /> further described below: individual; infirmaries,nursing stations,or spaces
<br /> —May need assistance with (3)That has a governing board: for overnight care.
<br /> (1)Eatlng
<br /> cooking, or servin food,but (i)The membership of which is §891.225 Provision of services.
<br /> g g selected in a manner to assure that there
<br /> must be able to feed self; is significant representation of the views (a)In carrying out the provisions of
<br /> (2) Bathing—May need assistance in of the community in which such this part,HUD shall ensure that housing
<br /> getting in and out of the shower or tub, housing is located;and assisted under this part provides
<br /> but must be able to wash self; (ii)That is responsible for the services as described in section 202(12
<br /> (3) Grooming—May need assistance in operation of the housing assisted under U.S.C. 1701q(g)(1)).
<br /> washing hair,but must be able to take this part;and (b) (1) HUD shall ensure that Owners
<br /> care of personal appearance; (4)That is approved by HUD as to have the managerial capacity to perform
<br /> (4) Dressing—Must be able to dress administrative and financial the coordination iaservices described in
<br /> self,but may need occasional assistance; responsibility. h 12 U.S.C. 1701 (2).
<br /> and Services expenses means those costs q�
<br /> (5)Home management activities— needed to provide the necessary (2)Any cost associated with this
<br /> May need assistance in doing services for the elderly tenants,which paragraph shall be an eligible cost under
<br /> housework,grocery shopping,laundry, may Include,but are not limited to: the contract for project rental assistance.
<br /> or getting to and from activities such as health related activities,continuing Any cost associated with the
<br /> going to the doctor and shopping,but education,welfare, informational, employment of a service coordinator
<br /> must be mobile.The mobility recreational,homemaking,meal and shall also be an eligible cost,except if
<br /> requirement does not exclude persons nutritional services,counseling,and the project is receiving congregate
<br /> in wheelchairs or those requiring referral services as well as housing services assistance under
<br /> mobility devices. transportation as necessary to facilitate section 802 of the National Affordable
<br /> Congregate space(hereinafter referred access to these services. Housing Act.The HUD-approved
<br /> to as community space)shall have the Sponsor means any private nonprofit service costs will be an eligible expense
<br /> meaning provided in section 202 (12 entity,including a consumer to be paid from project rental assistance,
<br /> U.S.C. 1701q(h)(1)).The tern cooperative* not to exceed$15 per unit per month.
<br /> "community spaces"excludes offices, (1)No part of the net earnings of The balance of service costs shall be
<br /> halls.mechanical rooms,laundry which inures to the benefit of any provided from other sources,which may
<br /> rooms,parking areas,dwelling units, private shareholder,member,founder, include co-payment by the tenant
<br /> and lobbies.Community space does not contributor,or individual; receiving the service.Such co-payment
<br /> Include commercial areas. (2)That is not controlled by,or under shall not be included in the Total
<br /> Elderly person means a household the direction of,persons or firms Tenant Payment.
<br /> composed of one or more persons at seeking to derive profit or gain 3891230 Selection preferences.
<br /> least one of whom is 62 years of age or therefrom;and
<br /> more at the time of initial occupancy. (3)That is approved by the Secretary For purposes of the Section 202
<br /> Frail elderly means an elderly person as to administrative and financial Program,the selection preferences in 24
<br /> who is unable to perform at least three capacity and responsibility.The term CFR part 5,subpart D apply.
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