Yes, but only if the beneficiary consents. A refund/reimbursement to a HOPWA beneficiary is required when the beneficiary makes a rent payment that exceeds the applicable 30% or 10% rent cap in 24 CFR § 574.310(d). For example, this may occur when: Utilities are not included in the rent, The HOPWA beneficiary pays utilities out of his or her pocket, The amount of utilities paid by the beneficiary exceeds the PHA utility allowance, and The payme...
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Yes, but only if the beneficiary consents. A refund/reimbursement to a HOPWA beneficiary is required when the beneficiary makes a rent payment that exceeds the applicable 30% or 10% rent cap in 24 CFR § 574.310(d). For example, this may occur when:

1. Utilities are not included in the rent,
2. The HOPWA beneficiary pays utilities out of his or her pocket,
3. The amount of utilities paid by the beneficiary exceeds the PHA utility allowance, and
4. The payment made by the beneficiary exceed the applicable resident rent payment cap in 24 CFR § 574.310(d).

In such a situation, a refund/reimbursement to the beneficiary is required as the failure to provide one would violate the requirements of 24 CFR § 574.310(d). A beneficiary may elect to have the grantees pay their utility bill with their reimbursement amount on their behalf. However, the grantee may not take such action without the consent of the beneficiary. Additionally, the grantee must provide the beneficiary with the full amount of each reimbursement that occurs. Grantees may not keep any portion of the reimbursement for their own use.

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Grantees may establish a dollar limit or caps on the total amount of assistance provided to clients during the 52-week period selected, if applied consistently and in a non-discriminatory manner. Caps should be reasonable enough to assist clients in overcoming the pressing need and move to residential stability as soon as possible. Some communities may use the public housing authority Section 8 rent and utility standards as caps and others place ...
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Grantees may establish a dollar limit or caps on the total amount of assistance provided to clients during the 52-week period selected, if applied consistently and in a non-discriminatory manner. Caps should be reasonable enough to assist clients in overcoming the pressing need and move to residential stability as soon as possible. Some communities may use the public housing authority Section 8 rent and utility standards as caps and others place a limit on the total dollar amount of funding a client may access during the year. Others may place a cap on the number of times in the 52-week period a client can apply for assistance.

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Section 858(b)(3)(B) of the AIDS Housing Opportunity Act, as amended, specifically states that assistance may not be provided to "any individual for rent, mortgage, or utilities costs accruing over a period of more than 21 weeks of an 52-week period." This publication provides guidance on ways to track STRMU assistance, thereby allowing for a period of STRMU support that is consistent with the statutory limitation. Grantees are allowed to establi...
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Section 858(b)(3)(B) of the AIDS Housing Opportunity Act, as amended, specifically states that assistance may not be provided to "any individual for rent, mortgage, or utilities costs accruing over a period of more than 21 weeks of an 52-week period." This publication provides guidance on ways to track STRMU assistance, thereby allowing for a period of STRMU support that is consistent with the statutory limitation. Grantees are allowed to establish the period of STRMU assistance based on a calendar year, grantee's operating year, or client year (the first service date in which a STRMU payment is made on behalf of the client). Grantees must require project sponsors to consistently apply the selected method for all of its clients.

The methods used to calculate the 21-week maximum length of time an eligible client may receive HOPWA benefits should be tracked in terms of "weeks of service" or equated to months of assistance, as addressed in this document. There are three acceptable methods for tracking and reporting on STRMU payments, (i) by equating costs to the actual calendar days of assistance provided; (ii) by rounding each month of assistance to 4 weeks; or (iii) by counting full and partial weeks of assistance. A chart is provided below to help illustrate these methods. Once a grantee selects the method it intends to use for determining how it will be tracking help over the 52-week period (grantee program year, calendar year or individual client year), the grantee must use that particular method for all of the clients of its project sponsors.

NOTE: these methods create an incentive for the client to make partial rent payments, when possible. If STRMU clients understand that they can save some weeks of assistance for future emergencies by paying at least a portion of their debt, this incentive will foster more personal responsibility in household budgeting, albeit with limited resources.

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Yes. Written verification must be obtained and maintained in the file indicating that an adult member of the household has legal custody of the minor child, and the entire household income must be taken into consideration for purposes of income eligibility. The child must reside in the household at least 51% of the time. In this situation the adult would be considered the head of household as an affected member of the family, but the minor child ...
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Yes. Written verification must be obtained and maintained in the file indicating that an adult member of the household has legal custody of the minor child, and the entire household income must be taken into consideration for purposes of income eligibility. The child must reside in the household at least 51% of the time. In this situation the adult would be considered the head of household as an affected member of the family, but the minor child is the infected member of the family qualifying the entire household for assistance.

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The HOPWA regulations (24 CFR 574.310 (e)(2)) provide guidance on terminating a client's assistance. It is unlawful to provide false information to the government when applying for "federal public benefit programs" (see Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812). Grantees are encouraged to contact their legal counsel and local HUD Field Office for guidance in addressing potential fraud by a HOPWA client. It is recommended that...
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The HOPWA regulations (24 CFR 574.310 (e)(2)) provide guidance on terminating a client's assistance. It is unlawful to provide false information to the government when applying for "federal public benefit programs" (see Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812). Grantees are encouraged to contact their legal counsel and local HUD Field Office for guidance in addressing potential fraud by a HOPWA client. It is recommended that project sponsors maintain a fraud policy within their HOPWA program guidelines.

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A lead-based paint inspection is not required in all cases of STRMU assistance. Housing built before 1978 that is assisted with HOPWA dollars, where a pregnant woman or a child under six years resides or is expected to reside, generally must have potential lead exposures evaluated and controlled; how these are done depends on the type of assistance. Zero-bedroom units are exempt from the Lead Safe Housing Rule. HOPWA clients are considered disabl...
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and Utility Assistance (STRMU) Payments

A lead-based paint inspection is not required in all cases of STRMU assistance. Housing built before 1978 that is assisted with HOPWA dollars, where a pregnant woman or a child under six years resides or is expected to reside, generally must have potential lead exposures evaluated and controlled; how these are done depends on the type of assistance. Zero-bedroom units are exempt from the Lead Safe Housing Rule. HOPWA clients are considered disabled, and housing exclusively for the disabled is exempt from the Rule; however, if there are family members who are pregnant or are children under the age of six, then the lead-based requirements apply. Short-term rental, mortgage, and utility programs lasting over 100 consecutive days are considered to be support, leasing, or operation services in the Rule's terminology. For these programs, a visual assessment must be done. Then, deteriorated paint identified by the visual assessment, must be repaired (as is the building component underneath the surface finish, if it is defective) using lead-safe work practices. Finally the affected area, unless it is very small, must be tested and "cleared" to allow safe occupancy. The person doing the visual assessment must pass the one-hour HUD online course.

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CORRECTED RESPONSE in CPD Notice 06-07, issued 8/3/06 NO, not as a housing cost reported as STRMU. However, in some situations, a grantee may determine that their HOPWA programs will allow for supportive services that include reasonable costs for basic phone services that are determined to be needed to assist the beneficiary in accessing services, such as maintaining consistent and accurate participation with medical treatment protocols, care or ...
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CORRECTED RESPONSE in CPD Notice 06-07, issued 8/3/06

NO, not as a housing cost reported as STRMU. However, in some situations, a grantee may determine that their HOPWA programs will allow for supportive services that include reasonable costs for basic phone services that are determined to be needed to assist the beneficiary in accessing services, such as maintaining consistent and accurate participation with medical treatment protocols, care or other essential supportive services. As an additional consideration for rural or small population areas, these supportive service cost may involve reasonable costs for long-distance services, if needed, for connecting clients to this available support.

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Yes, but only in some situations. A rent, mortgage, or utility payment must be the basis for the assistance, and if an applicant presents such documentation and the need is assessed, then STRMU payments for up to 21 weeks of assistance could be permitted under the following circumstances: HOPWA can follow guidance established for the HOME Affordable Housing program in HUD Notice CPD 03-05 for conducting STRMU assistance in these circumstances. Mo...
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Yes, but only in some situations. A rent, mortgage, or utility payment must be the basis for the assistance, and if an applicant presents such documentation and the need is assessed, then STRMU payments for up to 21 weeks of assistance could be permitted under the following circumstances: HOPWA can follow guidance established for the HOME Affordable Housing program in HUD Notice CPD 03-05 for conducting STRMU assistance in these circumstances. Mobile homes, motor homes, trailers, recreational vehicles, and other like vehicles with wheels on the ground, capable of relocating, and not attached to the earth are considered personal property and therefore, are not eligible for STRMU assistance. HOME guidance considers units attached to the earth as "real" property (as in real estate) and therefore, eligible for STRMU assistance, providing the mobile home is connected to permanent utilities and local guidelines for mobile home housing are followed. Additionally, space rental costs in a mobile home park are allowable for STRMU assistance. 

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Yes, but only with reasonable accommodation approval as stated in (g) above. HOPWA regulations follow 24 CFR 982.306(d) prohibits assistance to clients if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless it is determined by a physician that living with the family member is important to the client's overall health and well being. In such situations because of this reasonable accommodat...
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Yes, but only with reasonable accommodation approval as stated in (g) above. HOPWA regulations follow 24 CFR 982.306(d) prohibits assistance to clients if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless it is determined by a physician that living with the family member is important to the client's overall health and well being. In such situations because of this reasonable accommodation determination, the family's income is not to be counted in determining the eligibility of the low-income person with disabilities for a STRMU (or TBRA) payment. Such payments are based on the number of bedrooms that the person(s) with disabilities occupies in the home and must be reasonable for the type and nature of the housing arrangement, and similar to the reasonable rental fees available in comparable unassisted units.

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STRMU can assist in this scenario under two conditions: Where a client lives with an adult family member and the entire household is assisted and total household income is taken into consideration to meet HOPWA low-income eligibility guidelines, or If the client is renting the unit from the adult family member and a "reasonable accommodation" is determined necessary for the client. HUD regulation 24 CFR 82.306 (d) does not allow housing assista...
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and Utility Assistance (STRMU) Payments

STRMU can assist in this scenario under two conditions:

1. Where a client lives with an adult family member and the entire household is assisted and total household income is taken into consideration to meet HOPWA low-income eligibility guidelines, or
2. If the client is renting the unit from the adult family member and a "reasonable accommodation" is determined necessary for the client.

HUD regulation 24 CFR 82.306 (d) does not allow housing assistance to a unit if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family, unless it is determined that approving the unit would provide "reasonable accommodation" for a family member who is a person with disabilities. A reasonable accommodation would permit a "person with disabilities" including persons with HIV/AIDS to receive benefits when housed with a family member who owns or rents the housing unit if it is determined by a physician that living with the family member is important to the client's overall health and well being. In such situations because of this reasonable accommodation determination, the family's income is not to be counted in determining the eligibility of the low-income person with disabilities for a STRMU (or TBRA) payment. Such payments are based on the number of bedrooms that the person(s) with disabilities occupies in the home and must be reasonable for the type and nature of the housing arrangement, and similar to the reasonable rental fees available in comparable unassisted units.

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Generally yes. As a general matter, a second mortgage represents a lien on real property. Defaults on mortgages (e.g., nonpayment of loan(s), lapsed insurance, unpaid property taxes, or the commission of waste, among others) may lead residents to foreclosures and evictions from their homes. STRMU benefits provide short-term mortgage payments regardless of priority (i.e. the first or second mortgages) to eliminate the threat of homelessness for an...
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Generally yes. As a general matter, a second mortgage represents a lien on real property. Defaults on mortgages (e.g., nonpayment of loan(s), lapsed insurance, unpaid property taxes, or the commission of waste, among others) may lead residents to foreclosures and evictions from their homes. STRMU benefits provide short-term mortgage payments regardless of priority (i.e. the first or second mortgages) to eliminate the threat of homelessness for an adequately housed eligible person. This would mean that a borrower could receive STRMU assistance for a payment that was clearly designated as a second mortgage. STRMU may not be used for the following activities: (i) support an open line of credit or loan that was secured by the house; (ii) taxes and insurance paid separately after the first or second mortgage is paid in full; (iii) assistance for payment towards personal loans or credit debts secured against the unit; or (iv) assistance when the first mortgage payments are not current. Careful assessment and a permanent housing stability plan should be done to determine if the client is able to maintain payments on both mortgages after the short-term assistance period ends.

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Yes in some situations. Most homeowners are required to pay property taxes, mortgage insurance premiums, fire and hazard insurance premiums as part of their monthly mortgage payment. For example, the Federal Housing Administration (FHA) requires a homeowner's monthly payment to include property taxes, special assessments (if applicable), and flood insurance (if applicable) in addition to principal and interest (see 24 CFR 203.22-203.24). These ad...
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Yes in some situations. Most homeowners are required to pay property taxes, mortgage insurance premiums, fire and hazard insurance premiums as part of their monthly mortgage payment. For example, the Federal Housing Administration (FHA) requires a homeowner's monthly payment to include property taxes, special assessments (if applicable), and flood insurance (if applicable) in addition to principal and interest (see 24 CFR 203.22-203.24). These additional charges are held in escrow for payment by the lender on behalf of the homeowner. Other forms of financing allow a mortgagor to pay for taxes, insurance, and condo fees separately. For the purposes of STRMU assistance, to the extent that taxes and insurance, condominium fees or other building operation costs are required to be included in the monthly mortgage payment either by federal regulation or the terms of the mortgage, these expenses are eligible for payment assistance. This would mean that a client could not receive STRMU assistance for taxes and insurance or condo dues that are not included on the monthly mortgage statement. Other forms of assistance, such as homeownership programs may provide for alternative forms of support for costs not included on the mortgage payment statement. In the alternative, a grantee could limit the mortgage payment assistance to only the principal and interest payments if the grantee would like to adopt a local standard that gives every recipient of its program the same level of assistance, irrespective of whether other escrow items are included in the borrower's mortgage payment statement.

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Yes, but only under certain conditions. Eligible STRMU recipients must have a legal right to reside in the unit and prove responsibility for paying the rent, mortgage or utility costs. As a general matter, if the eligible person is not named on a valid lease/rental agreement either as a tenant or an authorized occupant, the person has no legal right to reside in the unit and is therefore not eligible for STRMU assistance. However, if a STRMU appl...
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and Utility Assistance (STRMU) Payments

Yes, but only under certain conditions. Eligible STRMU recipients must have a legal right to reside in the unit and prove responsibility for paying the rent, mortgage or utility costs. As a general matter, if the eligible person is not named on a valid lease/rental agreement either as a tenant or an authorized occupant, the person has no legal right to reside in the unit and is therefore not eligible for STRMU assistance. However, if a STRMU applicant is listed as an occupant on a lease agreement and can prove through paid receipts in their name, money orders or cancelled checks that they pay rent or utility bills, even if the accounts are in the name of another household member, it is permissible to assist the applicant. The Grantee and project sponsor have responsibility for ensuring the eligibility of each household assisted with STRMU funds. The STRMU eligibility assessment would determine if the total household income would be included, or if a shared leased housing arrangement is present, therefore counting only the applicant's income. While an oral lease for less than a year may be valid in some states, most states require a written lease to establish a legal tenancy and HOPWA adopts this clear standard. This position is also consistent with other HUD rental assistance programs, which require such documentation (e.g., HOME, Shelter Plus Care, Housing Choice Vouchers/Section 8). As a practical matter, not requiring a written lease may leave grantees in a vulnerable position in documenting STRMU payments during audits and reviews.

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No. However, HUD requires grantees and project sponsors administering HOPWA funding to provide safe and sanitary housing that is in compliance with all applicable State and local housing codes. If program staff assesses that a STRMU applicant is residing in substandard housing, it is expected that the permanent housing stability plan will address measures to correct unit deficiencies, or to move the client to housing that meets HUD's habitability...
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No. However, HUD requires grantees and project sponsors administering HOPWA funding to provide safe and sanitary housing that is in compliance with all applicable State and local housing codes. If program staff assesses that a STRMU applicant is residing in substandard housing, it is expected that the permanent housing stability plan will address measures to correct unit deficiencies, or to move the client to housing that meets HUD's habitability standards found at 24 CFR 574.310(b)(2).

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No. STRMU can only be used to assist someone currently in housing as an intervention to prevent homelessness. Other HOPWA components can be used to assist someone who is homeless in obtaining housing and other support. HOPWA funds may only be used for eligible activities as cited in 24 CFR 574.300. These "uses" are intended to address unmet housing needs, including costs when no other funding or insurance is available, and assistance must be cons...
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No. STRMU can only be used to assist someone currently in housing as an intervention to prevent homelessness. Other HOPWA components can be used to assist someone who is homeless in obtaining housing and other support.

HOPWA funds may only be used for eligible activities as cited in 24 CFR 574.300. These "uses" are intended to address unmet housing needs, including costs when no other funding or insurance is available, and assistance must be consistent with OMB-circular standards for real needs. As provided in section 574.300, HOPWA funds may be used to assist all forms of housing designed to prevent homelessness including costs to develop and/or operate emergency housing facilities, which could assist an eligible person who is homeless. The STRMU activity, however, is established in statute to prevent a household from becoming homeless and could be used to addresses urgent financial needs in order to prevent eviction or loss of the housing unit that is occupied by eligible persons, and thereby continues residency in the current unit. This is an important distinction to be tracked in undertaking the different eligible activities.

Often households may find themselves in an emergency situation, which should be resolved quickly at the local level with HOPWA funds or other related assistance. In providing assistance, it is important to assess the reasons for household's debt. Grantees should not pay for housing-related costs if the client's need is a result of other expenses resulting from poor money management, such as credit card debt or unnecessary entertainment expenses. If these issues are present, a case management plan should be put in place to address budgeting and money management issues. If the client does not demonstrate compliance with the case plan, on-going STRMU or other assistance should not be provided. While it is not easy to separate needs related to living with the challenge of HIV/AIDS, the intent of the HOPWA program is to address the housing needs for eligible persons.

Also, subject to compliance with applicable civil rights requirements, grantees may add additional conditions of eligibility, but the needs test for HOPWA eligibility established by law is that a person must demonstrate their HIV positive status or AIDS diagnosis and the low-income status for the eligible person and their family. The grantee or sponsor must also assess the specific level of need they require to remain housed.

Various communities make eligibility requirements more restrictive due to the limited amount of HOPWA resources and the need to integrate program support with other efforts and to help address the most pressing housing needs for a large population of consumers who may ultimately qualify for benefits. To meet the needs of the higher risk population, the grantee must identify the needs in their Consolidated Plan planning process, involving local consultations and public participation. HUD permits the use of local preference as a means of prioritizing benefits to those who are most needy. "Local Preferences" are to be approved through HUD's Field Office of Fair Housing and Equal Opportunity (FHEO) to ensure that such practices do not discriminate or inadvertently exclude any persons either by design or omission.

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STRMU is one type of the three main types of HOPWA housing activities, along with Tenant-Based Rental Assistance (TBRA) and residency in a housing facility, such as a community residence. The use of funds annually to provide these three types of housing support are considered the housing outputs of HOPWA programs, as reported in annual performance reports. HOPWA activities can involve other costs in addition to the direct housing costs for STRMU ...
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and Utility Assistance (STRMU) Payments

STRMU is one type of the three main types of HOPWA housing activities, along with Tenant-Based Rental Assistance (TBRA) and residency in a housing facility, such as a community residence. The use of funds annually to provide these three types of housing support are considered the housing outputs of HOPWA programs, as reported in annual performance reports. HOPWA activities can involve other costs in addition to the direct housing costs for STRMU payments, rental subsidies or the development and operation costs for housing facilities. These other activities include permanent housing placement services and housing information services which can play a direct role in assisting clients gain access to available housing stock and qualify for or secure occupancy. Permanent housing placement services can be used to help address pressing housing situations in order to secure a new residence. Permanent housing placement costs may include reasonable costs for security deposits (not to exceed two months of rent costs), related credit checks, and assistance in completing permanent housing applications. In addition, many clients have service needs that can be addressed with related supportive services offered on-site or by improved access off-site as part of a supportive housing project. Grantees should consider how to best make use of these program activities, found at 24 CFR 574.300(b), and the connection with other resources to address the needs in the community. A generalized statement on the main HOPWA activities is shown in an attached chart to this FAQ.

The goal of the HOPWA program is to provide a stable living environment for households who are experiencing a financial crisis as a result of issues arising from their HIV/AIDS condition. STRMU assistance is used as part of a homeless prevention strategy, intended to reduce the risks of homelessness, and to improve access to health care and other needed support. As a reasonable public policy goal, HUD seeks to foster long-term solutions to housing problems of eligible persons. This can be done through the use these time-limited housing assistance payments (STRMU) and by the creation of individual housing service plans that include an assessment of current resources and establish long-term goals for recipient households. These goals should involve efforts to restore client self-sufficiency and future independence from the need for housing support. On-going assessments of the housing assistance and supportive services requested by participants, as required under 24 CFR 574.500, may be evidenced by the development of a housing service plan for every client of the agency approving the expenditure of STRMU payments.

Updated HOPWA performance reporting tools such as the Annual Performance Report (APR) for competitive grantees (form HUD-40110-C, revised 1/2006) and the Consolidated Annual Performance Report (CAPER) and Integrated Information and Disbursement System (IDIS) for formula grantees (form HUD-40110-D, revised 1/2006 and IDIS version 10.0 released May, 2006) also focus on the results of HOPWA housing efforts. Stand-alone STRMU payments are likely to create only a temporary solution that reduces the clients more immediate risks of homelessness for many client households. Others may only require this limited support to address a temporary crisis or housing issue. A short-term project may only evidence a partial achievement of your project goals for client outcomes. For HOPWA, these program outcomes will be shown in data on how clients achieve and maintain stable housing, reduce their risks of homelessness and improve their access to care. Grantees should consider how these short-term efforts connect to more stable living arrangements that are needed and can be addressed in a housing service plan for the household along with the provision of this permanent housing support from HOPWA or other sources.

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No. Costs related to displacement and relocation assistance for displaced persons are considered direct costs, as provided at 24 C.F.R. § 574.630(e)(2), and chargeable to the approved budget line item for the direct activity, which is limited to acquisition, rehabilitation and demolition of the HOPWA-funded project.

Administrative and Planning Costs/Cap

Yes, administrative costs can be used to pay for staff recruitment and related security clearance if reasonable and associated with management and delivery of HOPWA activities. Where the recruitment and related expenses are necessary to fill a vacancy that occurs during project implementation, such personnel administrative expenses could be eligible. Also, charges to HOPWA for this purpose must be consistent with the allocation of such personnel ...
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Yes, administrative costs can be used to pay for staff recruitment and related security clearance if reasonable and associated with management and delivery of HOPWA activities. Where the recruitment and related expenses are necessary to fill a vacancy that occurs during project implementation, such personnel administrative expenses could be eligible. Also, charges to HOPWA for this purpose must be consistent with the allocation of such personnel costs to other cost objectives.

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Yes. HOPWA grantees and project sponsors can use HOPWA funds for comprehensive planning, community meetings, and other activities to plan, establish, coordinate and develop HIV/AIDS housing assistance and services for eligible persons (including conducting preliminary research and making expenditures necessary to determine the feasibility of specific housing-related initiatives (see 24 C.F.R. § 574.300 (b)(2)). HUD encourages grantees to collabo...
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Yes. HOPWA grantees and project sponsors can use HOPWA funds for comprehensive planning, community meetings, and other activities to plan, establish, coordinate and develop HIV/AIDS housing assistance and services for eligible persons (including conducting preliminary research and making expenditures necessary to determine the feasibility of specific housing-related initiatives (see 24 C.F.R. § 574.300 (b)(2)). HUD encourages grantees to collaborate with State and/or community partners, as appropriate, to assess needs using local data and to strategically plan how to use HUD and other resources to meet housing and related needs, as envisioned in the President's July, 2010 National HIV/AIDS Strategy. HUD may allow up to 10 percent of the HOPWA grant to be budgeted under the Resource Identification activity and used for such purposes.

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No. There are no specific administrative limits on contracted services to provide benefits to eligible persons. Purchase orders, contracts, or other similar agreements with subcontractors generally include overhead costs or amounts required to cover the cost of carrying out the contracted services, which are specified within the scope and cost provision of the contract. Rates approved for contracted services must comply with the procurement requi...
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No. There are no specific administrative limits on contracted services to provide benefits to eligible persons. Purchase orders, contracts, or other similar agreements with subcontractors generally include overhead costs or amounts required to cover the cost of carrying out the contracted services, which are specified within the scope and cost provision of the contract. Rates approved for contracted services must comply with the procurement requirements in 2 CFR Part 200. 

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When a competitive grantee provides direct service activities to beneficiaries and also contracts with other organizations as project sponsors, that entity is considered a grantee and is eligible to use not more than three percent of the total grant amount for both functions.

Administrative and Planning Costs/Cap

In some instances, grantees may select another entity to carry out administrative activities on behalf of the grantee. Examples of administrative functions include the distribution of HOPWA awards, coordination and oversight of HOPWA programs and project sponsors, and development and preparation of HOPWA performance reports. A grantee may select a government entity within the grantee's organizational structure, an external governmental entity, or...
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In some instances, grantees may select another entity to carry out administrative activities on behalf of the grantee. Examples of administrative functions include the distribution of HOPWA awards, coordination and oversight of HOPWA programs and project sponsors, and development and preparation of HOPWA performance reports.

A grantee may select a government entity within the grantee's organizational structure, an external governmental entity, or a nonprofit organization or governmental housing agency to provide administrative activities. When a grantee utilizes another organization to carry out some or all of the grantee's administrative functions, the administrative activities, costs, and terms of payment should be clearly delineated in a contract or other written agreement between the parties. All costs associated with administering the grant, whether incurred by the grantee or the other organization, are subject to the three percent administrative cost limit

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HUD would consider reasonable and allow for up to three percent of the HOPWA grant to be used for HMIS or HMIS-compliant systems to track client access and utilization and enhance housing access.  These costs are separate from the three percent grantee administrative cost cap and may be billed under Housing Information Services, provided that such information systems comply with requirements for confidentiality of personal information. ...
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HUD would consider reasonable and allow for up to three percent of the HOPWA grant to be used for HMIS or HMIS-compliant systems to track client access and utilization and enhance housing access.  These costs are separate from the three percent grantee administrative cost cap and may be billed under Housing Information Services, provided that such information systems comply with requirements for confidentiality of personal information.  The agreement between the grantee and the project sponsor should clearly specify the amount designated for each of these activities.

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Yes, HOPWA funds can be used to build upon or integrate with Ryan White CARE Act data systems (or other systems), provided that the system meets HMIS program specific data elements/standards and protects client confidentiality. When the systems are developed or used to facilitate data reporting, the costs are considered administrative costs and are subject to the administrative cost limit. These costs may be eligible Housing Information Services ...
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Yes, HOPWA funds can be used to build upon or integrate with Ryan White CARE Act data systems (or other systems), provided that the system meets HMIS program specific data elements/standards and protects client confidentiality. When the systems are developed or used to facilitate data reporting, the costs are considered administrative costs and are subject to the administrative cost limit. These costs may be eligible Housing Information Services costs if the system is developed or used for purposes of better integration of community resources and tracking of clients and housing resources, as well as for client case file management.

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Yes, costs of including HOPWA in community HMIS and/or implementing HMIS or HMIS-compliant systems are eligible HOPWA costs, provided that such systems comply with HOPWA reporting requirements (as incorporated into HMIS) and protect client confidentiality.  HOPWA funds may be used for HMIS costs incurred by grantees and project sponsors that are required to participate in their community HMIS (i.e., projects that target and serve persons who...
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Yes, costs of including HOPWA in community HMIS and/or implementing HMIS or HMIS-compliant systems are eligible HOPWA costs, provided that such systems comply with HOPWA reporting requirements (as incorporated into HMIS) and protect client confidentiality.  HOPWA funds may be used for HMIS costs incurred by grantees and project sponsors that are required to participate in their community HMIS (i.e., projects that target and serve persons who are homeless), as well as HOPWA grantees that participate in HMIS on a voluntary basis.  Grantees and project sponsors are encouraged to integrate with HMIS to improve coordination and to enhance beneficiary access to other community assistance programs.  Costs of developing, implementing and training in HMIS and other HMIS-compliant information systems may be billed to the HOPWA grant.  Visit the HUD Exchange for further information on HMIS standards.

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Program costs are costs for carrying out and delivering eligible program activities, as identified at 24 C.F.R. § 574.300(b).  These costs include housing assistance activities (i.e., tenant- and project-based rental assistance; operating costs for housing; acquisition, rehabilitation, lease, and repair of facilities; new construction of SROs and community residences only; short-term rent, mortgage and utility assistance; and permanent hous...
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Program costs are costs for carrying out and delivering eligible program activities, as identified at 24 C.F.R. § 574.300(b).  These costs include housing assistance activities (i.e., tenant- and project-based rental assistance; operating costs for housing; acquisition, rehabilitation, lease, and repair of facilities; new construction of SROs and community residences only; short-term rent, mortgage and utility assistance; and permanent housing placement activities).  Also included as eligible program activities are supportive services; housing information services; resource identification to establish, develop and coordinate housing assistance resources; and technical assistance (for community residences only).

As defined in 24 C.F.R. § 574.3, administrative costs are 'costs for general management, oversight, coordination, evaluation and reporting on eligible activities.'  The definition further clarifies that administrative costs 'do not include costs directly related to carrying out eligible activities, since those costs are eligible as part of the delivery costs of such activities.'

As one example, the cost of operating a tenant-based rental assistance program (TBRA) includes both the monthly rental assistance payments to landlords for rental units that meet Housing Quality Standards (HQS) and the staff to coordinate and administer those payments.  Thus, a bookkeeper's time for writing rental checks to landlords would be billed under TBRA as an eligible program activity cost, whereas their time spent on payment of general office expenditures would be billed as administrative costs.

Similarly, a supervisor's time may be split between the applicable program activity and administrative costs, depending upon the tasks the supervisor is carrying out.  For example, supervisory participation in case conferences with staff to discuss complex client cases may be an eligible supportive service cost.  However, supervisory activities such as staff meetings and employee evaluations are clearly administrative tasks for managing and providing oversight of the program.  All personnel funded through the HOPWA grant must carefully track their time and record their activity in sufficient detail to document it as an allowable project activity cost or administrative cost.

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Yes, but only if the costs are based on documented eligible activities incurred for administering the grant award during that monthly period.  Under no circumstances can the allowable administrative percentage be exceeded at the end of the grant term, and the allowable three percent or seven percent must be based on actual grant administrative expenditures.

Administrative and Planning Costs/Cap

Yes, but only in special situations, such as when the costs are documented and based on  eligible activities incurred for grant administration after the grant agreement was signed and executed (e.g., startup costs for that project's operations).  More likely, such costs would be incurred during the operation of the project and would be reimbursable as incurred.  Administrative costs may only be reimbursed after the administrative a...
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Yes, but only in special situations, such as when the costs are documented and based on  eligible activities incurred for grant administration after the grant agreement was signed and executed (e.g., startup costs for that project's operations).  More likely, such costs would be incurred during the operation of the project and would be reimbursable as incurred.  Administrative costs may only be reimbursed after the administrative activities have taken place and are properly documented.  Generally, administrative costs are billed with each request for reimbursement from HUD or from the grantee based on actual program/grant administrative expenditures.

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No.  The limits on administrative costs, as set forth at 24 C.F.R. § 574.300(b), are derived from Section 856 of the AIDS Housing Opportunity Act and cannot be waived.  Even in situations where all incurred administrative costs are reasonable and properly documented for the HOPWA program, if they exceed the applicable three or seven percent statutory administrative limits, they are unallowable and must be paid from other sources, such ...
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No.  The limits on administrative costs, as set forth at 24 C.F.R. § 574.300(b), are derived from Section 856 of the AIDS Housing Opportunity Act and cannot be waived.  Even in situations where all incurred administrative costs are reasonable and properly documented for the HOPWA program, if they exceed the applicable three or seven percent statutory administrative limits, they are unallowable and must be paid from other sources, such as State or local funds or other leveraged resources.

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No.  Sponsors must undertake the grant administration activities established at 24 C.F.R. § 574.500, including project management, recordkeeping, performance reporting and evaluation of HOPWA efforts.  Carrying out these activities ensures that awards are being administered in compliance with all applicable laws.  To ensure a reasonable level of funding is available to carry out administrative responsibilities, HOPWA grantees shou...
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No.  Sponsors must undertake the grant administration activities established at 24 C.F.R. § 574.500, including project management, recordkeeping, performance reporting and evaluation of HOPWA efforts.  Carrying out these activities ensures that awards are being administered in compliance with all applicable laws.  To ensure a reasonable level of funding is available to carry out administrative responsibilities, HOPWA grantees should allow a project sponsor to use at least four percent (and not more than seven percent) of amounts received for administrative expenses.  In lieu of providing HOPWA grant funds for administration, grantees may identify and use leveraged funds or other resources, such as State, local or private funding, equivalent to at least four percent of the award for project sponsor administrative expenses.

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Section 856 of the AIDS Housing Opportunity Act and the implementing regulation at 24 C.F.R. § 574.300(b)(10) establish that a grantee can use not more than three percent of the grant amount for  its administrative expenses and that a project sponsor may use not more than seven percent of its HOPWA grant for administrative costs.  As an example, please refer to the Grantee Award vs. Sponsor Award chart on Page 1....
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Section 856 of the AIDS Housing Opportunity Act and the implementing regulation at 24 C.F.R. § 574.300(b)(10) establish that a grantee can use not more than three percent of the grant amount for  its administrative expenses and that a project sponsor may use not more than seven percent of its HOPWA grant for administrative costs.  As an example, please refer to the Grantee Award vs. Sponsor Award chart on Page 1.

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The purpose and use of the HMIS or other management information system determines the cost category under which such activity may be billed.  As detailed below, when the HMIS is used for tracking and collecting data for purposes of grant reporting, the costs are administrative costs.  When the HMIS is developed or used to improve linkages to community services and resources or to enhance beneficiary access to other community programs, t...
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The purpose and use of the HMIS or other management information system determines the cost category under which such activity may be billed.  As detailed below, when the HMIS is used for tracking and collecting data for purposes of grant reporting, the costs are administrative costs.  When the HMIS is developed or used to improve linkages to community services and resources or to enhance beneficiary access to other community programs, the costs are program costs.

In general, HMIS-related costs are considered to be administrative when the system is used for the purpose of compiling information on grant operations and to report to HUD (or to the grantee, if a sponsor) on program beneficiaries, program activities and performance outcomes.  If the system is used by the grantee or sponsor solely for the purpose of reporting on beneficiaries, services and outcomes to HUD or to the grantee, the costs must be allocated to administrative costs and are subject to the limit of three or seven percent, respectively.  

However, community HMIS systems may also be utilized as a tool for housing information services to support case manager activities, such as an electronic case file or as a tool to facilitate beneficiary access to available housing and related services, track available housing units, reduce duplication in services, and provide essential data on client utilization to assess the effectiveness of the housing assistance.  Costs incurred for these and other activities that use HMIS in the delivery of HOPWA assistance are eligible as direct program activity costs, and may be billed to and reimbursed as Housing Information Service costs.

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Staff costs related to preparation and execution of reports to the grantee or to HUD are charged against administrative costs under the applicable three percent limit for grantees and seven percent limit for project sponsors.  As discussed below, a portion of the costs of operating the management information system that both generates the data and also is used for coordination and other purposes may be allocated to Housing Information Services.

Administrative and Planning Costs/Cap

The seven percent limitation is based on the award amount established in the grantee agreement with the project sponsor. Nonetheless, HUD expects grantees to monitor administrative costs throughout the grant period to ensure that they do not exceed the statutory limit. As a method for maintaining costs within the administrative limit, grantees may establish procedures that limit draws for administrative costs to the limitation of seven percent of...
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The seven percent limitation is based on the award amount established in the grantee agreement with the project sponsor. Nonetheless, HUD expects grantees to monitor administrative costs throughout the grant period to ensure that they do not exceed the statutory limit. As a method for maintaining costs within the administrative limit, grantees may establish procedures that limit draws for administrative costs to the limitation of seven percent of funds, subject to final reconciliation to the amount authorized by contract.

A recommended practice is for grantees to calculate, at the beginning of the grant period, the maximum administrative allocation (not more than seven percent of the project sponsor grant award/contract) and then reimburse sponsors for their incurred administrative costs at a rate proportionate to their spending of direct program funds. For example, if a sponsor spends ten percent of its awarded program funds during the first month, the grantee might reimburse the sponsor ten percent of its total allowance for administrative costs, provided that the sponsor documented actual administrative costs at least equal to that amount. If the sponsor billed for 13 percent of program activities in the second month, then the grantee could disburse 13 percent of the total allocated administrative funds that month, again assuming such costs were incurred, properly documented, and billed. Doing it in this manner prevents spending the administrative portion of the grant funds disproportionately to the program portion. 

Alternatively, administrative cost disbursements to a project sponsor may exceed seven percent of the award at any particular point during the project period, provided that the total administrative costs at project expiration are below the limit allocated to this sponsor at the end of the grant period. Grantee expectations regarding documentation of costs and the terms of disbursement of administrative and eligible program costs to the sponsor should be clearly stated in the agreement between the grantee and sponsor

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In some instances, grantees may select other entities to carry out administrative activities on behalf of the grantee and to deliver direct program services to HOPWA eligible clients.  A grantee may select a governmental entity within the grantee's organizational structure, an external governmental entity, or a nonprofit organization or governmental housing agency to provide both grantee administrative and program activities.  In such i...
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In some instances, grantees may select other entities to carry out administrative activities on behalf of the grantee and to deliver direct program services to HOPWA eligible clients.  A grantee may select a governmental entity within the grantee's organizational structure, an external governmental entity, or a nonprofit organization or governmental housing agency to provide both grantee administrative and program activities.  In such instances, the entity is considered a HOPWA project sponsor and may spend not more than seven percent of the total grant amount for administrative activities.  The administrative activities would include both those designated by the grantee and those necessary for the project sponsor to administer their HOPWA grant funds.  The agreement between the grantee and the project sponsor should clearly specify each of these functions to be carried out by the sponsor and the amount of funding designated for each of these functions (i.e., costs of administrative activities conducted on behalf of the grantee, and administrative and program activity costs for project sponsor grant award).

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The HOPWA CAPER utilizes the same universal data elements that HMIS uses for collecting client demographic information, and will be useful for determining unduplicated client and household counts. HMIS does not track HOPWA financial information, nor does it create a report in the exact format that the CAPER utilizes to report program information.

Confidentiality Requirements

In order to maintain client confidentiality, some HIV/AIDS service providers must create a distinct legal trade name without HIV or AIDS in the title, referred to as a "DBA" (doing business as) name. For example, an agency that provides HOPWA tenant-based rental assistance might need to establish a separate entity with a separate name (e.g., Springfield Supportive Housing Program), designate a separate phone line for landlords to call, and/or set...
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In order to maintain client confidentiality, some HIV/AIDS service providers must create a distinct legal trade name without HIV or AIDS in the title, referred to as a "DBA" (doing business as) name. For example, an agency that provides HOPWA tenant-based rental assistance might need to establish a separate entity with a separate name (e.g., Springfield Supportive Housing Program), designate a separate phone line for landlords to call, and/or set up a separate bank account with a generic program name. It is prohibited to issue housing assistance checks from bank accounts that reference “HOPWA”, “HIV” or “AIDS” in the name.

Agencies are not prohibited from entering information into HMIS using their “DBA” name, but should think through the implications of doing so as the intent of a “DBA” name is to ensure it is never linked to the HIV/AIDS service provider. Using the “DBA” name to enter information in HMIS may compromise its anonymity. It is advisable to contact the HMIS administrator in your local Homeless Continuum of Care catchment area to consult directly about their requirements and protections for HOPWA-funded and/or HIV/AIDS organizations that participate in the local HMIS and discuss the use of local HMIS systems as a closed system.

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HMIS software providers vary across the country. To find the local HMIS administrator for your area, look up the HMIS Lead contact listed within your local Continuum of Care. Because HOPWA reporting utilizes the same universal data elements for client demographics that the HMIS uses, it should be feasible to add HOPWA, and possibly customize the program to best meet your HOPWA program tracking and reporting needs. Grantees may also use HOPWA...
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HMIS software providers vary across the country. To find the local HMIS administrator for your area, look up the HMIS Lead contact listed within your local Continuum of Care.

Because HOPWA reporting utilizes the same universal data elements for client demographics that the HMIS uses, it should be feasible to add HOPWA, and possibly customize the program to best meet your HOPWA program tracking and reporting needs. Grantees may also use HOPWA funding, within HUD defined limits, to assist with defraying the cost of HMIS. HOPWA has released two FAQs on this topic.

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No. Potential program participants are not required to sign an HMIS Release of Information in order to receive services. An individual or family can refuse to participate in HMIS, and the provider must still offer all the same services to that household. However, some information may be required by projects to determine eligibility for housing or services, or to assess needed services. Therefore, although program participants are not required to ...
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No. Potential program participants are not required to sign an HMIS Release of Information in order to receive services. An individual or family can refuse to participate in HMIS, and the provider must still offer all the same services to that household. However, some information may be required by projects to determine eligibility for housing or services, or to assess needed services. Therefore, although program participants are not required to participate in HMIS, they will need to provide personal information in order to be determined eligible for particular resources.

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The HOPWA program only requires participation in a local Homeless Management Information System (HMIS) if a grantee is renewing an expiring Competitive HOPWA permanent supportive housing grant, and/or if grantees are specifically targeting their HOPWA services to serve people who are homeless. However, HUD encourages all projects, regardless of target population, to participate in the local HMIS. HMIS systems can be invaluable in coordinating ava...
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The HOPWA program only requires participation in a local Homeless Management Information System (HMIS) if a grantee is renewing an expiring Competitive HOPWA permanent supportive housing grant, and/or if grantees are specifically targeting their HOPWA services to serve people who are homeless. However, HUD encourages all projects, regardless of target population, to participate in the local HMIS. HMIS systems can be invaluable in coordinating available services at the local level. In May 2014, HUD released the HMIS Data Standards Manual to provide guidance on the updated standards which include HOPWA program-specific standards for the first time.

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Program participants should be advised that revocation of consent to release information or verify certain information required by law for program eligibility may result in termination of housing assistance. Explain the regulatory requirements for HIV and income verification for HOPWA eligibility, as well as the requirements for annual income re-certification and obtaining needed supportive services. It is also important to clarify the additional...
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Program participants should be advised that revocation of consent to release information or verify certain information required by law for program eligibility may result in termination of housing assistance. Explain the regulatory requirements for HIV and income verification for HOPWA eligibility, as well as the requirements for annual income re-certification and obtaining needed supportive services. It is also important to clarify the additional requirements for maintaining a personal Housing Stability Plan and linkages to appropriate HIV care. Discussing the agency’s policies and practices for securing personal information and obtaining written consent to share information with only agencies that a participant authorizes for a specific period of time may relieve a client’s concerns for privacy.

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Releases of Information are not required in order for funders to do program monitoring including random client file reviews; however, it is important to state this in your privacy rights and responsibilities materials. For example: “XYZ Agency is required to send reports to funders, but no personal participant information is provided; only numbers in aggregate with other participants and general information about program accomplishments. Progra...
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Releases of Information are not required in order for funders to do program monitoring including random client file reviews; however, it is important to state this in your privacy rights and responsibilities materials. For example: “XYZ Agency is required to send reports to funders, but no personal participant information is provided; only numbers in aggregate with other participants and general information about program accomplishments. Program audits involving a sampling of client file review to determine that XYZ Agency is meeting contract requirements may be conducted by various funding agencies such as U.S. Department of Housing & Urban Development (HUD), Department of Health and Human Services (DHHS), and/or State of XXX Public Health Department. Agency auditors and contract monitors are bound by confidentiality requirements.”

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In service agencies where this situation is present it is recommended to provide at least one case conference room where case managers can meet privately with clients for the purpose of discussing confidential information. Additional methods of protection include locked file cabinets to store client files when you are away from your desk, password protected computers, utilizing unique identifier codes in place of client names on files or written ...
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In service agencies where this situation is present it is recommended to provide at least one case conference room where case managers can meet privately with clients for the purpose of discussing confidential information. Additional methods of protection include locked file cabinets to store client files when you are away from your desk, password protected computers, utilizing unique identifier codes in place of client names on files or written documents, and when speaking on the telephone with, or regarding clients, refer to them only by the first name or code name. An additional layer of protection is to have all employees of the organization be well trained (and periodically re-trained) on the requirements for ensuring client confidentiality, as well as signing a confidentiality agreement form.

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If your agency resource materials do not state HIV/AIDS services in particular, an effective response is to ask the caller to tell you about their current health and financial situation, and provide more details about their reason for calling. That should provide sufficient information for you to determine if they are HIV positive. If they are not, provide them with other emergency housing and service resource numbers.

Confidentiality Requirements

Regardless of what a caller might know or suspect about the health status of someone who provided them with information about your agency services, an effective response is to ask the caller to provide you with information about their current health and financial situation, and their reason for calling. This diverts the conversation from any discussion or acknowledgement about the person that referred the caller. If the caller inquires about the ...
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Regardless of what a caller might know or suspect about the health status of someone who provided them with information about your agency services, an effective response is to ask the caller to provide you with information about their current health and financial situation, and their reason for calling. This diverts the conversation from any discussion or acknowledgement about the person that referred the caller. If the caller inquires about the person that made the referral, the appropriate response is that your agency does not confirm, deny, or discuss information about anyone outside of the caller.

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Yes, it is allowable to indicate HIV/AIDS status on the client Release of Information or consent form. Once client data is collected, including the release of information, agencies must safely store and protect both hard copy and electronic records to minimize the risk of an information breach. Agencies must provide copies of signed releases of information to clients at their request and may also consider establishing it as a standard practi...
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Yes, it is allowable to indicate HIV/AIDS status on the client Release of Information or consent form. Once client data is collected, including the release of information, agencies must safely store and protect both hard copy and electronic records to minimize the risk of an information breach. Agencies must provide copies of signed releases of information to clients at their request and may also consider establishing it as a standard practice. While agencies cannot control or be held liable by HUD for what a client does with such documentation, they should work with clients to understand the impact of disclosure. Agencies may choose to state that organizations cannot be held liable by HUD for an individual’s actions that may lead to the disclosure of his/her own status and detail the possible impacts of disclosure in the text of the consent form.

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View an example Release of Information. 

Confidentiality Requirements

Confidentiality can be breached by other clients. It is the responsibility of each agency to educate clients to be respectful of others by not revealing information about specific residential locations, service programs, and other clients. Program service agreements should include language around maintaining confidentiality of other program participants and specific program locations that would identify the HIV/AIDS status of other residents or c...
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Confidentiality can be breached by other clients. It is the responsibility of each agency to educate clients to be respectful of others by not revealing information about specific residential locations, service programs, and other clients. Program service agreements should include language around maintaining confidentiality of other program participants and specific program locations that would identify the HIV/AIDS status of other residents or clients.

Even with effective policies and procedures in place to protect client confidentiality, data breaches may occur. HOPWA providers should have a written protocol for rapidly responding to data breaches to ensure steps are taken to limit the damage of a data breach and to notify those affected.

For more information, see the HOPWA Confidentiality User Guide, pp. 21-23.

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Each organization is different and should evaluate which staff members have a need to know sensitive information. Agencies should ask the question: why does our finance staff need access to personal identifying information? Housing programs should consider using unit numbers only or unique identifiers on checks and housing vouchers. This practice may be particularly suitable if additional precautions are warranted as it provides a method to shiel...
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Each organization is different and should evaluate which staff members have a need to know sensitive information. Agencies should ask the question: why does our finance staff need access to personal identifying information? Housing programs should consider using unit numbers only or unique identifiers on checks and housing vouchers. This practice may be particularly suitable if additional precautions are warranted as it provides a method to shield identifying information from agency staff who may not need to know participants’ HIV status.

Agency staff who need to have access to identifiable information must not share the names of HOPWA-assisted tenants with other people in the organization. Moreover, these staff must be trained on and implement work practices that ensure protection of all tenant information. In addition, staff members should sign confidentiality agreements that acknowledge and document that they have received training on, understand, and agree to the established confidentiality policies. Best practice suggests that all staff sign confidentiality agreements as a standard across the agency.

For more information, see the HOPWA Confidentiality User Guide, pp. 14-16.

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The AIDS Housing Opportunity Act of 1992 and the HOPWA regulations 24 CFR 574.440 require that grantees and project sponsors protect the privacy of those receiving HOPWA assistance. HOPWA grantees should include provisions within each project sponsor agreement or contract outlining the confidentiality requirements for any recipient of HOPWA funds. Examples of best practices include: Establishing a separate entity with non-HIV/AIDS specific names...
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The AIDS Housing Opportunity Act of 1992 and the HOPWA regulations 24 CFR 574.440 require that grantees and project sponsors protect the privacy of those receiving HOPWA assistance. HOPWA grantees should include provisions within each project sponsor agreement or contract outlining the confidentiality requirements for any recipient of HOPWA funds. Examples of best practices include:

• Establishing a separate entity with non-HIV/AIDS specific names under a generic name to perform certain functions. For example, an agency might establish a separate entity with a separate name (e.g., Springfield Supportive Housing Program) to conduct housing inspections, designate a separate phone line for landlords to call, and/or set up a separate bank account with a generic program name;
• Maintaining distinct phone lines for certain purposes, such as receiving property owner calls;
• Using an agency post office box to receive written correspondence;
• Avoiding identifying the HOPWA program as a funding source when it would lead to disclosing the HIV status of clients served. For example, an agency might state that they receive a range of federal, state and local government funding to provide housing and services to people with disabilities.

HUD advises that agencies use unit numbers only or unique identifiers on each rental check. This practice may be particularly suitable if additional precautions are warranted as it provides a method to shield identifying information from agency staff who may not need to know participants’ HIV status. Furthermore, if an agency or program name, logo, motto, or slogan identifies it as a provider of HIV/AIDS services, the organization must mask that information. It is prohibited to issue housing assistance checks from bank accounts that reference “HOPWA”, “HIV” or “AIDS” in the name.

For more information, see the HOPWA Confidentiality User Guide, pp. 14-16.

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The availability and easy accessibility of information that the internet provides is an opportunity and a challenge. Providers will need to make individual agency-level decisions about what and how to present information in developing and managing their online presence. These decisions will be driven by the nature and history of an organization along with their goals and mission. Agencies that serve a diverse population should generally describe ...
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The availability and easy accessibility of information that the internet provides is an opportunity and a challenge. Providers will need to make individual agency-level decisions about what and how to present information in developing and managing their online presence. These decisions will be driven by the nature and history of an organization along with their goals and mission.

Agencies that serve a diverse population should generally describe a range of services or people they serve, including services targeted for people living with HIV. However, agencies that solely serve or are vocal advocates for people living with HIV in their communities may not have that option. Being easily identified as an agency that serves people with HIV may be a vital aspect of an agency’s ability to succeed at their mission. This community presence and awareness may be enhanced by an online presence. Regardless of an agency’s mission, every agency is responsible to protect the confidentiality of the people they serve.

Agencies that are easily connected to programming that serves people with HIV, such as those with either ‘AIDS’ or ‘HIV’ in their agency name, may need to consider strategies to avoid the unintended disclosure of confidential information. Examples include serving clients off-site as needed, using an agency post office box to receive written correspondence, maintaining distinct phone lines for certain purposes, among other important strategies. Agencies must avoid identifying the HOPWA program as a funding source when it would lead to disclosing the HIV status of clients served, including in housing assistance program materials of all sorts (e.g. leases, brochures, and webpages). For additional guidance, please review the HOPWA Confidentiality User Guide, pp. 14-16. 

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When grantees provide housing services to eligible persons (including persons undergoing relocation) that are incidental to a larger set of holistic case management services, these services do not meet the definition of housing counseling, as defined in 24 CFR § 5.100, and therefore are not required to be carried out in accordance with the certification requirements of § 5.111. However, there may be instances where housing counseling, as define...
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When grantees provide housing services to eligible persons (including persons undergoing relocation) that are incidental to a larger set of holistic case management services, these services do not meet the definition of housing counseling, as defined in 24 CFR § 5.100, and therefore are not required to be carried out in accordance with the certification requirements of § 5.111. However, there may be instances where housing counseling, as defined in the Final Rule, is being provided under HOPWA. For example, if a program participant is receiving housing counseling, as defined in the Final Rule, as a separate specialized service, then the housing counseling has to be provided by a HUD certified housing counselor working for an agency approved to participate in HUD’s Housing Counseling program, as of August 1, 2021, the Final Compliance Date. The Final Rule defines housing counseling as:

“Independent, expert advice customized to the need of the consumer to address the consumers’ housing barriers and achieve their housing goals and must include the following process: intake; financial and housing affordability analysis; an action plan, except for reverse mortgage counseling; and a reasonable effort to have follow-up communication with the client when possible. The content and process of housing counseling must meet the standards outlined in the regulations that govern HUD’s Housing Counseling Program including but not limited to 24 CFR Part 5, 24 CFR Part 214, and HUD Handbook 7610.1 REV-5. Homeownership counseling and rental counseling are types of Housing Counseling.”

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Housing counseling is an eligible activity under HOPWA. If a grantee chooses to fund housing counseling activities under their program, the housing counseling must be provided by a HUD certified housing counselor working for an agency approved to participate in HUD’s Housing Counseling program, by the Final Compliance Date. Please see FAQ 3147 regarding case management....
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Housing counseling is an eligible activity under HOPWA. If a grantee chooses to fund housing counseling activities under their program, the housing counseling must be provided by a HUD certified housing counselor working for an agency approved to participate in HUD’s Housing Counseling program, by the Final Compliance Date. Please see FAQ 3147 regarding case management.

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The Federal Funding Accountability and Transparency Act (FFATA) was signed into law on September 26, 2006. This legislation’s intent was to empower every American with the ability to hold the government accountable for each spending decision. The legislation requires information on federal grants and contracts to be made available to the public via a searchable website which is at https://usaspending.gov/.  In order to fulfill report...
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The Federal Funding Accountability and Transparency Act (FFATA) was signed into law on September 26, 2006. This legislation’s intent was to empower every American with the ability to hold the government accountable for each spending decision. The legislation requires information on federal grants and contracts to be made available to the public via a searchable website which is at https://usaspending.gov/. 

In order to fulfill reporting requirements, HOPWA grantees must report required data on their project sponsors in the FFATA Subaward Reporting System (FSRS). HOPWA formula and competitive grantees must report project sponsor identifying information and executive compensation to meet the FFATA reporting requirements. HOPWA grantees that are awarded a federal grant equal to or less than $25,000 as of October 1, 2010 are subject to FFATA reporting requirements as outlined in the Office of Management and Budget (OMB) guidance issued August 27, 2010. Grantees are required to file FFATA reports by the end of the month following the month in which the grantee awards any project sponsor awards greater than or equal to $25,000.  

HOPWA grantees are expected to report project sponsor identifying and executive compensation information on https://www.fsrs.gov/. Grantee identifying information is supplied by HUD to this website on a monthly basis.  

Also, the legislation requires HOPWA formula and competitive grantees to register in the Central Contractor Registration (CCR) by visiting the CCR website at https://www.sam.gov/SAM/. NOTE: The CCR website and other federal websites are being migrated to a single system called the System for Award Management (SAM).  It is expected that this system will go live in late July 2012.  Until this separate system goes live, HOPWA grantees should continue to visit the CCR website to keep their registration up to date.  A future update will be provided about this system migration at a later date.

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The HOPWA grant award information is sent monthly from HUD financial systems to the FSRS website. The awards that populate an agency’s work list are tied to the DUNS Number for the agency. If the agency’s DUNS Number that appears in the Department’s Line of Credit Control System (LOCCS) is incorrect, the system will assign the award to the wrong agency in the system. If a HOPWA grantee does not see their award in the system or is having iss...
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The HOPWA grant award information is sent monthly from HUD financial systems to the FSRS website. The awards that populate an agency’s work list are tied to the DUNS Number for the agency. If the agency’s DUNS Number that appears in the Department’s Line of Credit Control System (LOCCS) is incorrect, the system will assign the award to the wrong agency in the system. If a HOPWA grantee does not see their award in the system or is having issues with reporting, the grantee should first try to contact the Federal Service Desk to resolve the problem. If the Federal Service Desk cannot resolve the problem, you should contact the Office of HIV/AIDS Housing at HUD Headquarters by emailing HOPWA@hud.gov and CC your local Community Planning and Development Representative for your grant.

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A FSRS User Guide is available for HOPWA grantees to assist in the use of this system. The user guide provides instructions for grantees on how to access the site, how to query all grants received into the grantee’s work list, and how to finish reporting into the system. If grantees are having any problems with accessing information in the system or need assistance with completing their reporting, they may contact the Federal Service Desk. ...
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A FSRS User Guide is available for HOPWA grantees to assist in the use of this system. The user guide provides instructions for grantees on how to access the site, how to query all grants received into the grantee’s work list, and how to finish reporting into the system. If grantees are having any problems with accessing information in the system or need assistance with completing their reporting, they may contact the Federal Service Desk. Grantees must register for an account at this website before submitting a question. Frequently asked questions are available in the answer center tab of the website. A toll phone number for the Federal Service Desk is also available by calling (866) 606-8220 during business hours.

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HOPWA grantees should visit FSRS Login page to create an account with the website. The grantee will need to know their DUNS Number in order to create their account.

FFATA

HOPWA grantees may view this Open Government Directive – Federal Spending Transparency Memo to discover more information about the FFATA reporting requirements.

FFATA

The executive compensation reporting requirements are applicable to the grantee and project sponsors. Grantees are required to report the names and total compensation of the five most highly compensated officers of the grantee or project sponsor if: If the grantee or project sponsor in the previous fiscal year received 80% or more of its annual gross revenues from federal awards and $25,000,000 or more in annual gross revenues from federal award...
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The executive compensation reporting requirements are applicable to the grantee and project sponsors. Grantees are required to report the names and total compensation of the five most highly compensated officers of the grantee or project sponsor if:

• If the grantee or project sponsor in the previous fiscal year received 80% or more of its annual gross revenues from federal awards and $25,000,000 or more in annual gross revenues from federal awards and; 
• The public does not have access to this executive compensation information from periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986.

Grantees are also expected to report subaward information on their project sponsors. This information is pre-populated by HUD in the FSRS website to the greatest extent possible. Grantees are expected to do the reporting for the grantee and project sponsor. Thus, project sponsors will not be expected to report on this individually but should ensure that grantees have necessary information to complete this federal requirement.

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OMB guidance designates the operational definitions of grants and subawards for the FFATA reporting requirements. OMB defines a grant as “an award of financial assistance from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of the United States”. A subaward is defined as “a legal instrument to provide support for the performance of any portion of the substantive project or program ...
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OMB guidance designates the operational definitions of grants and subawards for the FFATA reporting requirements. OMB defines a grant as “an award of financial assistance from a federal agency to a recipient to carry out a public purpose of support or stimulation authorized by a law of the United States”. A subaward is defined as “a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received for this award”. The time “subaward” does not include procurement of property or services (subrecipients) needed to carry out the project or program.

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The Office of Management and Budget (OMB) has published the guidelines applicable to HOPWA grantees in regards to the FFATA reporting requirements.  HOPWA grantees that receive awards less than or equal to $25,000 or awards received prior to October 1, 2010 are not subject to the FFATA reporting requirements. HOPWA grantees whose cumulative gross income was less than $300,000 in the grantee’s last tax year are not subject to the FFATA...
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The Office of Management and Budget (OMB) has published the guidelines applicable to HOPWA grantees in regards to the FFATA reporting requirements.  HOPWA grantees that receive awards less than or equal to $25,000 or awards received prior to October 1, 2010 are not subject to the FFATA reporting requirements. HOPWA grantees whose cumulative gross income was less than $300,000 in the grantee’s last tax year are not subject to the FFATA executive compensation and subaward reporting requirements.

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