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Joint Webinar with HUD, GSA, and HHS November 13, 2013 Title V: The Roles and Responsibili2es of HUD, GSA, and HHS 1

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Page 1: HUD GSA HHS Title V Combined v3 · – Job training – Food banks – Clothing depots – Basic life skills training – Case management – Mental and medical health screening and

Joint Webinar with HUD, GSA, and HHS November 13, 2013

Title V:  The  Roles  and  Responsibili2es  of  HUD,  GSA,  and  HHS    

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Webinar Format •  Approximately  one  hour  •  Audio  recorded  and  phones  muted  •  Webinar  recording  will  be  posted  at  the  following  

loca2ons:  •  OneCPD  Resource  Exchange  Training  &  Events  Page  

hKps://www.onecpd.info/training-­‐events/  •  hKp://rc.gsa.gov/HomelessAssistance  •  hKp://www.psc.gov/property_management/2tlev.html#other  

•  Feedback  survey  and  instruc2ons  to  get  credit  will  be  emailed  following  webinar  

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Submitting Questions    

•  Submit  ques2ons  through  “Q&A  Pod”  func2on  on  the  

boKom  leX  side  of  your  screen  •  Ques2ons  aXer  the  webinar?    

•  Submit  to  OneCPD  Ask  A  Ques2on  at  

hKps://www.onecpd.info/ask-­‐a-­‐ques2on/my-­‐ques2on/    

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Learning Objectives

Upon  comple2on  of  this  webinar,  par2cipants  will  be  able  to:  

•  Understand  the  law  that  governs  the  Title  V  program  

•  Understand  the  role  and  responsibili2es  of  each  agency  

•  Understand  the  collabora2on  between  each  agency    

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Title V History

Title V of the Stewart B. McKinney Homeless Assistance Act (Act), 42 U.S.C. §11411, requires HUD to: 1.  Canvass Federal landholding agencies

regarding unutilized, underutilized, excess, and surplus federal real properties (including building, land, and fixtures),

2.  make suitability determinations; and 3.  publish the suitability determination in the

Federal Register.

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Title V History

1993 Court Order 1.  Order to Vacate

a. Expanded HUD Role (National Law Center on Homelessness & Poverty v. U.S. Dept. of Veterans Affairs, 640, Case 1:88-cv-02503-RCL, Filed 03/21/13)

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Title V Compliance

1. Canvass Landholding Agencies Quarterly (24 CFR 581.3- Collecting the Information) 2. Review Properties for Suitability (24 CFR 581. 4- Suitability Determination)

a. Suitability Criteria (24 CFR 581.6- Suitability Criteria): i.  National Security Concerns ii.  Within 2,000 of Flammable/Explosive materials iii.  Runway Clear Zone iv.  Floodway v.  Documented Deficiencies vi.  Inaccessible

3. Publish Suitability in Federal Register  (24 CFR 581.4(f)(4)(ii)- Suitability Determination; 24 CFR 581.7- Determination of Availability, and 24 CFR 581.8- Public Notice of Determination)

4. Appeals Review (24 CFR 581.4- Suitability Determination)

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Title V Compliance (cont.)  

5. Annual Suitable Property Report (24 CFR 581.3(b)- Collecting Information)

6. Send Listing to Interagency Council on Homelessness (ICH) and local HUD Field Offices (24 CFR 581.8 (c)- Public Notice of Determination)

7. Maintain Toll-Free Number (1-888-927-7588) (24 CFR 581.8 (b)- Public Notice of Determination)

8. *NEW* Training for Landholding Agencies ( National Law Center on Homelessness & Poverty v. U.S. Dept. of Veterans Affairs, 640, Case 1:88-cv-02503-RCL, Filed 03/21/13)

 

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!

!! REQUEST INFORMATION !!! !!!!!!!!!!

! !!!MAKE

SUITABILITY !!!!! PUBLISH DETERMINATION! !

Quarterly Canvassing (24 CFR 581.3- Collecting the Information)

HUD sends canvassing letters to all landholding agencies

quarterly. (i.e., Jan. 1, April 1, July 1, and Oct. 1)

Landholding Agency Submission (24 CFR 581.3- Collecting the Information)

HUD will direct landholding agencies to respond to request for

information within 25 days of receipt of HUD’s request.

Suitable/Available Properties (24 CFR 581.9-Application

Process) 60 day no disposal action for agencies from the date of the

Federal Register

HUD’s Responsibilities (24 CFR 581.4- Suitability Determination)

Within 30 days after the receipt of information from landholding agencies regarding

properties which were reported pursuant to the canvass described in 581.3 (a), HUD will determine, under criteria set forth in 24 CFR 581.6- Suitability Criteria, which properties are

suitable for use to assist the homeless and report its determination to the landholding agency.

NOTE: In practice, HUD also publishes the determination within the 30 day review period; however, per 24CFR&581.8,&HUD&has a longer timeframe to publish determination.

Federal'Register:'NO'DISPOSAL''

Unsuitable Properties (24 CFR 581.11- Unsuitable

Properties) 20 day no disposal action for agencies from the date of the

Federal Register '

In the interim of the HUD canvassing, agencies submit Title V checklists to HUD .

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CONTACT INFORMATION

Juanita Perry, Title V Lead Office of Special Needs Assistance Programs (SNAPS)

Community Planning & Development US Dept. of Housing and Urban & Development (HUD)

451 7th Street SW Room 7262 Washington, DC 20410

Phone: 202-402-3970 Toll Free Number: 1-888-927-7588 Email Address: [email protected]

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McKinney-Vento Homeless Assistance

Program – Title V

GSA Role in Title V

OFFICE OF Real Property Utilization and Disposal

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Title V McKinney-Vento

Report of Excess

n  Federal Landholding Agencies Report Excess Real Property to GSA for Disposition

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Title V McKinney-Vento

Federal Screening

n  GSA Screens Excess Real Property to Determine if Continuing Federal Need Exists

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Title V McKinney-Vento

McKinney-Vento Authority and Regulations

n  42 USC § 11411 n  41 CFR 102-75.1160 – 102-75.1215

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Title V McKinney-Vento

Homeless Suitability Determination

n  GSA Submits Property Information to

HUD to Obtain Suitability Determination for Homeless Use

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Title V McKinney-Vento

Determination of Surplus

n  Excess Property Not Requested by a Federal Agency is Determined Surplus to the Needs of the Federal Government

n  Surplus Property Available for Public Benefit Use and Sale

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Title V McKinney-Vento

Available for Homeless Assistance

n  Property Determined Suitable for

Homeless Use by HUD and Surplus by GSA is Available for Homeless Use

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Suitable Property is listed in the Federal Register

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Listings in the Federal Register inform organizations of property that has been determined “Suitable” Listings are by State. The address, status, and brief comments about the property are provided.

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Title V McKinney-Vento

Suitable, Available Properties Posted to

GSA’s Website

n  Available Properties are Posted to GSA’s Resource Center and are Available for Sixty Days

n  http://propertydisposal.gsa.gov

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Title V McKinney-Vento

GSA Resource Center McKinney-Vento Section

n  Homeless Screening Module Contains

“3 Easy Ways” to Locate Properties

" Property Search - view available properties " Email Alerts – to sign up to receive

screening notices automatically " Federal Register search instructions

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Title V McKinney-Vento

Requesting Information and Application

n  Homeless Assistance Providers

Request Application from Department of Health and Human Services (HHS)

n  HHS Notifies GSA of Interest and Sends

Interested Parties and Application

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Title V McKinney-Vento

Action on Approved Applications

n  HHS Notifies GSA of Approved Application and Requests Assignment of Property

n  GSA Assigns Property to HHS n  HHS Conveys Property to Homeless

Assistance Provider

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Visit Us At:

Resource Center n  http://propertydisposal.gsa.gov

GSA Central Office Point of Contact

David Stinson Email: [email protected]

Phone: (202) 208-0324 28

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U.S. Department of Health and Human Services

Department of Health and Human Services, Program Support Center

McKinney-Vento Homeless

Assistance Program – Title V

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U.S. Department of Health and Human Services

Regulations

40 U.S.C. § 550 Disposal of Real Property for Certain Purposes

Ø  Authorizes HHS to transfer declared surplus Federal real property to non-Federal entities for use in the protection of public health, including research, at a discounted cost.

McKinney-Vento Homeless Assistance Act, Title V Ø  Added homeless assistance conveyances “as a

permissible use.” 45 C.F.R Part 12a Ø  Joint agency regulation (HUD, GSA, and HHS) covering

the Title V application process.

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U.S. Department of Health and Human Services

Benefits of the Title V Program

Ø  Encourages eligible organizations to develop programs that help address homeless issues by offering essentially “free” property, in exchange for serving the homeless.

Ø  Rules of transfer are very similar to a 30-year mortgage.

•  360 “payments” of a service rather than cash to the Federal Government

•  At the end of 30-year period, the grantee obtains clear title to the property

Ø  Addresses the needs of the homeless in local communities where the programs are badly needed.

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U.S. Department of Health and Human Services

Eligible Homeless Programs

The following is a partial listing of the common types of homeless programs HHS considers eligible for real property assignments. According to the joint Federal agency Title V regulation contained in the HHS Regulations, 45 C.F.R. part 12a.

–  Emergency shelters –  Transitional housing (length of stay not to exceed 24 months) –  Job training –  Food banks –  Clothing depots –  Basic life skills training –  Case management –  Mental and medical health screening and programs –  Drug and alcohol abuse rehabilitation programs –  Homeless administrative offices –  Permanent supportive housing

This list is not exclusive

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U.S. Department of Health and Human Services

HHS Title V Process

Monitoring Grantee must submit Annual Utilization Reports

during the 30-year period of restrictions HHS will conduct site visits every 5 years, or as

required to ensure compliance

Conveyance Disposal agency must assign the property to HHS

for transfer to the applicant After agency assigns property, HHS will execute

transfer document

Determination HHS has 25 days from the receipt of a completed

application in which to make a decision If the application is approved, HHS will notify the

applicant and request assignment

Application HHS Sends application package with instructions Applicant has 90 days to return completed

application to HHS

Interest Applicant finds “Suitable/Available” Property in

the Federal Register Applicant submits Written Expression of interest to HHS within 60 days of Federal Register date

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U.S. Department of Health and Human Services

Expressing Interest Ø  Must be submitted in writing to HHS within 60 days

from the date the property is published in the Federal Register

Ø  Formal expression of interest should include:

Ø  Name and type of organization (State/local unit of government, or 501(c)(3) tax-exempt)

Ø  Identify property by name and property number Ø  Date property was listed in the Federal Register Ø  Provide brief description of the intended use

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U.S. Department of Health and Human Services

Application Submission Ø  Applications have a 90-day deadline for application

submission Ø  Calculated based on date the expression of interest was received by HHS

Ø  Time is of the Essence!

Ø  The potential exists for more than one party interested in the same property; therefore, it is in the applicant’s best interest to be proactive and expedite the completion of the application.

Ø  Applications must be complete and contain all required

documents per the application instructions. Ø  Incomplete applications may be returned without

review, and may not receive further consideration.

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U.S. Department of Health and Human Services

Application Review

Ø  45 C.F.R. Part 12a.9(e)(2) and page 5 of application booklet discuss review criteria: Ø  Services Offered Ø  Need Ø  Implementation Time Ø  Experience Ø  Financial Ability

Ø  Application must be complete before HHS will make a determination

Ø  Upon completion, HHS has 25 days to evaluate and

make a determination

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U.S. Department of Health and Human Services

Competing Applications

Defined as complete, and approvable applications which are received within 5 days of the first complete application:

HHS Will:

Ø  Convene an independent application review panel

Ø  Consists of neutral 3 or more member panel Ø  Panel will be given review criteria, and will be asked to rank applications Ø  Best application will be selected based on panel scoring

Ø  HHS will advise disposal agency and provide rankings for its record

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U.S. Department of Health and Human Services

Approved Applicants

Ø  HHS will notify applicant of determination. Ø  HHS does not have final disposition authority of

property, and, if application is approved, must request assignment of property from disposal agency.

Ø  Once disposal agency assigns the property to HHS: Ø  HHS will draft and execute appropriate transfer document (Quitclaim Deed or

Lease). Ø  Monitoring period begins immediately upon transfer.

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U.S. Department of Health and Human Services

Conveyance/Transfer

•  Transfer document contains general conditions and restrictions: 1.  Transferee must utilize property for approved program for 30 years. 2.  When construction or major renovation is not required, transferee has 12

months from date of transfer to put property into full use; when construction or major renovation is required transferee has 36 months from date of transfer.

3.  Transferee can not sell, mortgage, lease, encumber, etc. property without prior approval from HHS.

4.  Transferee must submit annual utilization reports. 5.  Transferee must abide by all Civil Rights laws and requirements. 6.  Transferee must remain an eligible organization.

•  Other conditions/restrictions imposed as required by the disposal agency (i.e., environmental use restrictions, historic preservation)

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U.S. Department of Health and Human Services

HHS Monitoring and Oversight

•  Review transferee’s annual utilization reports

•  Conduct site utilization visits, at least once every five years

•  Noncompliance Action:

–  Transferee corrects noncompliance; –  Transferee makes non-use payments; –  Retransfer property to another eligible provider for eligible use or

retransfer through another public benefit conveyance program (i.e., Dept. of Education, Dept. of Interior, etc.);

–  Abrogate conditions of deed; or –  Revert title to United States of America.

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U.S. Department of Health and Human Services

Federal Real Property Assistance Program Webpage

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U.S. Department of Health and Human Services

Questions???

•  Phone: 301-443-2265 •  Email: [email protected] •  Website:

http://www.psc.gov/property_management/federalprop-index

•  Address: U.S. Department of Health and Human Services

Program Support Center/FLS/OESP Federal Real Property Assistance Program 5600 Fisher Lanes, Suite 12-07 Rockville, Maryland 20857

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Questions

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Presentation Overview •  Governing  law  of  the  Title  V  program  •  Role  and  responsibili2es  of  each  agency:  HUD,  GSA,  

HHS  •  Interagency  collabora2on  

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Submit Your Questions For  ques2ons  regarding  GSA’s  role  with  Title  V:  [email protected]    For  ques2ons  regarding  HHS’  role  with  Title  V:  [email protected]  

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