TITLE 24 - HOUSING AND URBAN DEVELOPMENT

SUBTITLE B - REGULATIONS RELATING TO HOUSING AND URBAN DEVELOPMENT

CHAPTER VIII - OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING - FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (SECTION 8 HOUSING ASSISTANCE PROGRAMS, SECTION 202 DIRECT LOAN PROGRAM, SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY PROGRAM AND SECTION 811 SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES PROGRAM)

PART 891 - SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES

subpart b - SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY

891.205 - Definitions.

As used in this part in reference to the Section 202 Program, and in addition to the applicable definitions in 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) EatingMay need assistance with cooking, preparing, or serving food, but must be able to feed self; (2) BathingMay need assistance in getting in and out of the shower or tub, but must be able to wash self; (3) GroomingMay need assistance in washing hair, but must be able to take care of personal appearance; (4) DressingMust be able to dress self, but may need occasional assistance; and (5) Home management activitiesMay 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 (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]