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Home My WebLink AboutBack-Up from Law Department11/21/2014 HUD > Prograrns of HUD > Ernergenry8holter Grants Emergency Shelter Grants (ESG) Program I . Emergency Shelter Grants (ESG) Program Grants to support homelessness prevention, emergency shelter, and related services. Nature of Program: Provides grants by formula to States, metropolitan cities, urban counties and U.S. territories for eligible activities, generally including essential services related to emergency shelter, rehabilitation and conversion of buildings to be used as emergency shelters, operation of emergency shelters, and homelessness prevention services. Applicant Eligibility* States, District of Columbia, Puerto Rico, metropolitan cities, urban counties, and U.S. territories are eligible. Metropolitan cities and urban counties are eligible if, after applying the formula, their allocation is greater than 0.05 percent of the funds appropriated. Funding Distribution, After setting aside a small amount for allocation to the territories, HUD allocates the fiscal year appropriation for ESG to eligible recipients in accordance with the percentage of CDBG funding each jurisdiction was allocated for the previous fiscal ,year. However, where the ESG allocation for a metropolitan city ,or urban county would be less than .5 percent of the total fiscal year appropriation for ESG, HUD adds that jurisdiction's allocation to the allocation for the State in which the jurisdiction is located. Legal Authority: Subtitle B of Title IV of the McKinney- Vento Homeless Assistance Act (42 U.S.C. 11371-11378). Regulations are at 24 CFR part 576. Note: The Act to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability Act was signed into law on May 20, 2009 (Public Law 111-22). Division B of this new law isthe Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act). The HEARTH Act amends Subtitle B of Title IV of the Mcl(inney- littp:Hporfal.hud.gov/hudportal/HUD?srcm/hLidprograms/esg 1/2 11/21/2014 Emergency Shelter Grants (ESG) Program Vento Homeless Assistance Act (42 U.S.C. 11371-1.1378) to rename the program the Emergency Solutions Grants program, expand the range of eligible activities under the program, and add or change certain program requirements. HUD is now in the process of revising the regulations at 24 CFR part 576 to implement these changes and make other refinements to the program. Administering Office: Office of Special Needs Assistance Programs (SNAPS) in the Office of Community Planning and Development, Assistant Secretary for Community Planning and Development, U.S. Department of Housing and Urban Development, Washington, DC 20410-7000. Information Sources: Administering office and local HUD field offices. On the Web Current Status: Active, Table of Contents http://poi-tal.hud.gov/hudpoi,tal/HUD?sro=/hudprogrems/esg 212 AUTHENTIGATEb U.S. OOVCRNMCNT INPORMl:fION OPO Ofc. of Asst. Secy,, Comm. Planning, Develop„ HUD result of privately undertaken rehabili- tation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the grantee and the project sponsor, §574.635 Lead-based paint, The Lead -Based Paint Poisoning Pre- vention Act (42 U.S.C. 4821--4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S,C. 4851- 4856), and implementing regulations at part 35, subparts A, B, H, J, X, M, and R of this part apply to activities under this program. [64 FR 50226, Sept. 16, 19991 §574,640 Flood insurance protection, No property to be assisted under this part may be located in an area that has been identified by the Federal Emer- gency ivianagement Agency (FEMA) as having Special flood hazards, unless: (a)(1) The community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder (44 CFR parts 59 through 79); or (2) Less than a year has passed since FEMA notification regarding such haz- ards; and (b) The grantee will ensure that flood insurance on the structure is obtained in compliance with section 102(a) of the Flood Minster Protection Act of 1973 (42 U,S.C. 4001 et seq.), § 574.645 Coastal barriers. In accordance with the Coastal Bar- rier Resources Act, 16 U.S.C. 3501, no fi- nancial assistance under this part may be made available within the Coastal Barrier Resources System. § 574.650 Audit, The financial management system used by a State or unit of general local government that is a grantee must pro- vide for audits in accordance with 24 CFR part 44. A nonprofit organization that is a grantee or a project sponsor is subject to the audit requirements set forth in 24 CFR part 45. § 574.655 Wage rates. The provisions of the Davis -Bacon Act (40 U,S,C, 276a-276ar5) do not apply Pt. 576 to this program, except where funds re- ceived under this part are combined with funds frons. other: Federal pro- grams that are subject to the Act, [59 FF. 17201, Apr, 11, 19941 PART 576—EMERGENCY SOLUTIONS GRANTS PROGRAM Subpart A --General Provisions Seo. 576.1 Applicability and purpose. 576,2 Definitions. 576.3 Allocation of funding. Subpart B—Program Components and Eligible Activities 576.100 General provisions and expenditure limits. 576,101 Street outreach component, 576,102 Emergency shelter component. 576,103 Homelessness prevention compo - neat. 576.104 aapid re -housing assistance compo- nent. 576,105 Housing relocation and stabilization services. 576,106 Short term and medium-term rental assistance. 576,107 HMIS component. 576.108 Administrative activlties. 576.109 Indirect costs. Subpart C —Award and Use of f=unds 576,200 Submission requirements and grant approval. 576,201 Matching requirement. 576.202 Means of carrying out grant activi- ties, 576.203 Obligation, expenditure, and pay - Mont requirements. Subpart D --,Reallocations 576,300 In general. 676.301 Metropolitan cities and urban ooun ties. 676.302 States, 676.303 Territories. 576.304 Alternative method, Subpart E --Program Requirements . 576.400 Area -wide systems coordination re- quirements, 576.401 Evaluation of program participant eligibility and needs. 576,402 'Terminating assistance, 576.403 Shelter and housing standards, 576.404 Conflicts of interest. 676,405 Homeless participation. 576.406 Faith -based activities, 576.107 Other Federal requirements, 217 §576J 576.408 Displacement, rolooation, and acqui- sition, Subpart F—Grant Administration 576,500 Recordkeeping and reporting re- quirements, 576.501 Enforoernent. A,aTHORITY: 42 U.S.C. 11371 et seg., 42 U.S.C. 3535(d), Souncs 76 FR 75974, Dec. 5, 2011, unless otherwise noted, Subpart A—General Provisions §576.1 Applicability and purpose. This part implements the Emergency Solutions Grants (ESG) program au- thorized by subtitle B of title IV of the McI{inney-Vento Homeless Assistance Act (42 U.S.C, 11371-11378). The program authorizes the Department of Housing and Urban Development (HUD) to snake grants to States, units of general purpose local government, and terri- tories for the rehabilitation or conver- sion of buildings for use as emergency shelter for the homeless, for the pay- ment of certain expenses related to op- erating emergency shelters, for essen- tial services related to emergency shel- ters and street outroach for the hone- less, and for homelessness prevention and rapid re -housing assistance. § 576.2 Definitions. At risk of lioinetesvwss means: (1) An individual or family who: (i) Has an annual income below 30 percent of median fancily income for the area, as determined by HUD; (ii) Does not have sufficient resources or support networks, e.g., family, friends, faith -based or other social net- works, immediately available to pre- vent them from moving to an emer- gency shelter or another place de- scribed in paragraph (1) of the "home- less" definition in this section; and (iii) Meets one of the following condi- tions: (A) Has moved because of economic reasons two or more times during the 60 days immediately preceding the ap- plication for homelessness prevention assistance; (13) Is living in the home of another because of economic hardship; (C) Has been notified in writing that their right to occupy their current 24 CFR Ch. V (4-1-72 Edition) housing or living situation will be ter- minated within 21 days after the date of application for assistance; (D) Lives in a hotel or motel and the cost of the hotel or motel. stay is not paid by charitable organizations or by Federal, State, or local governmont programs for low-income individuals; (E) Lives in a single -room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1,5 persons re- side per room, as defined by the U.S. Census Bureau; (F) Is exiting a publicly funded insti- tution, or system of care (such as a health-care facility, a mental ,health facility, foster care or other youth fa- cility, or Correction program or insti- tution); or (G) otherwise lives in housing that has characteristics associated with in- stability and an increased risk of homelessness, as identified in the re- cipient's approved consolidated plan; (2) A child or youth who does not qualify as "homeless" under this sec- tion, but qualifies as "homeless" under section 387(3) of the Runaway and homeless Youth Act (42 U.S.C. 5732x(3)), section 687(11) of the Head Start Act (42 U.S.C. 9832(11)), section 41408(6) of the 'Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), see - tion 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), section 3(rn) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)), or section 17(b)(15) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(15)); or (3) A child or youth who does not qualify as "homeless" under this sec- tion, but qualifies as "homeless" under section 725(2) of the McKinnoy-Vonto Homeless Assistance Act (42 U,S.C. 11434x(2)), and the parent(s) or guard- ian(s) of that child or youth if living with her or him. Consolidated plan means a plan pre- pared in accordance with 24 CFR part 91. An approved consolidated plan means a consolidated plan that has been a,p proved by HUD in accordance with 24 CFR part 91. Continuunn of Care means the group composed of representatives of rel- evant organizations, which generally includes nonprofit homeless providers; 218