Homeowner Assistance Fund Policy (2021)

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Homeowner Assistance Fund Policy

Adopted August 19, 2021, Resolution No. 2021-33

COLVILLE INDIAN HOUSING AUTHORITY

HOMEOWNER ASSISTANCE FUND POLICY

This project is being supported, in whole or in part, by federal grant awarded to the Colville

Indian Housing Authority by the U.S. Department of Treasury.

Adopted: August 19, 2021

Modified: N/A

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Adopted: August 19, 2021

Modified: N/A

SECTION I. PURPOSE

A. This Homeowner Assistance Fund Policy (“Policy”) shall govern the Colville Indian

Housing Authority (“CIHA”) Homeowner Assistance Fund (“HAF Program”) and the

expenditure and management of the Homeowner Assistance Funds (“HAF Program

Funds”) received from the U.S. Treasury pursuant to Section 3206 of the American

Rescue Plan Act of 2021, Pub. L. No. 117-2 (Mar. 11, 2021).

B. The first case of COVID-19 was detected in the United States on January 21, 2021. The

Secretary of the U.S. Department of Health and Human Services declared the public

health emergency for COVID-19 on January 31, 2020. An emergency declaration was

issued on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act, 42 U.S.C. 5191(b).

C. The COVID-19 pandemic poses an immediate and imminent threat to the health, safety,

and well-being of Indian Tribes. The purpose of the HAF Program is to assist Tribal,

Indian, and other households with mitigating financial hardships associated with the

COVID-19 pandemic by providing funds to eligible entities for the purpose of

preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or

home energy services, and displacements of homeowners experiencing financial

hardship after January 21, 2020, through qualified expenses related to mortgages and

housing.

D. Notwithstanding any provision set forth in any other CIHA Policy, receipt of assistance

from the HAF Program established under this Policy shall not make the Recipient or

Recipient family ineligible for assistance under any of the regular CIHA policies.

E. Nothing in this Policy shall be construed to invalidate any otherwise legitimate grounds

for eviction.

F. Assistance to be provided under the HAF Program is subject to availability of funds. No

applicant or household determined to be eligible is entitled to or has a property right to

receive funding under the HAF Program. When funding for the HAF Program is fullyexpended, the HAF Program will terminate. CIHA may terminate this Program at any

time.

G. This Policy is based, and the HAF Program will be carried out, in reliance upon the

August 2, 2021 guidance document from the Department of Treasury (entitled

“Homeowner Assistance Fund Guidance”), along with any future modification,

clarification, or supplementation which Treasury may provide. This Policy and the

administration of the HAF Program will be subject to change if and when additional

guidance is provided.

SECTION II. DEFINITIONS

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Adopted: August 19, 2021

Modified: N/A

General: The following definitions shall apply to this HAF Program Policy.

A. “100% of the area median income” for a household means two times the income limit

for very-low income families, for the relevant household size, as published by the

Department of Housing and Urban Development (HUD) in accordance with 42 U.S.C.

1437a(b)(2) for purposes of the HAF Program.

B. “100% of the median income for the United States” means the median income of the

United States, as published by HUD.

C. “150% of the area median income” for a household means three times the income

limit for very-low income families, for the relevant household size, as published by

HUD in accordance with 42 U.S.C. 1437a(b)(2) for purposes of the HAF Program.

D. “Applicant” means a homeowner who applies for financial assistance pursuant to this

HAF Program Policy.

E. “Conforming loan limit” means the applicable limitation governing the maximum

original principal obligation of a mortgage secured by a single-family residence, a

mortgage by a 2-family residence, a mortgage secured by a 3-family residence, or a

mortgage secured by a 4-familiy residence, as determined and adjusted annually under

section 302(b)(2) of the Federal Mortgage Association Charter Act (12 U.S.C. §

1717(b)(2) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act

(12 US.C. § 1454(a)(2)).

F. “COVID-19” refers to the viral disease caused by the novel coronavirus known as

SARS-CoV-2.

G. “Dwelling” means any building, structure, or portion thereof that is occupied as, or

designed or intended for occupancy as, a residence by one or more individuals.

H. “Eligibly entity” means (1) a state, (2), the Department of Hawaiian Home Lands, (3)

each Indian tribe (or, if applicable, the tribally designated housing entity of an Indian

tribe) that was eligible for a grant under Title I of the Native American Housing

Assistance and Self-Determination Act of 1996 (25 U.S.C. § 4111 et seq.) for fiscal year

2020, and (4) any Indian tribe that opted out of receiving a grant allocation under the

Native American Housing Block Grants program formula in fiscal year 2020.

“Eligible Homeowner” means a homeowner that meets the eligibility requires

provided for in this Policy.

“Financial hardship” means a material reduction in income or material increase in

living expenses associated with the coronavirus pandemic that has created or increased a

risk of mortgage delinquency, mortgage default, foreclosure, loss of utilities or home

energy services, or displacement for a homeowner.

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K. “Indian Tribe” means a tribe that is a federally recognized tribe or a “State recognized

tribe” as those terms are defined in NAHASDSA, 25 U.S.C. 4103(13).

L. “Mortgage” means any credit transaction (1) that is secured by a mortgage, deed of

trust, or other consensual security interest on a principal residence of a borrower that is

(a) a one- to four-unit Dwelling, or (b) a residential real property that includes a one- to

four-unit Dwelling; and (2) the unpaid principal balance of which was, at the time of

origination, not more than the conforming loan limit. For purposes of this definition, the

conforming loan limit means the applicable limitation governing the maximum original

principal obligation of a mortgage secured by a single-family residence, a mortgage

secured by a two-family residence, a mortgage secured by a three-family residence, or a

mortgage secured by a four-family residence, as determined and adjusted annually under

section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C.

1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act

(12 U.S.C. 1454(a)(2)).

M. “NAHASDA” means the Native American Housing Assistance and Self-Determination

Act passed by the U.S. Congress in 1996.

N. “Secretary” means the Secretary of the U.S. Department of Treasury, except where

otherwise indicated.

O. “Socially Disadvantaged Individuals” means those who have been subject to racial or

ethnic prejudice or cultural bias because of their identity as a member of a group without

regard to their individual qualities. The social disadvantage must stem from

circumstances beyond their control. There is a rebuttable presumption that the following

individuals are socially disadvantaged: Black Americans, Hispanic Americans, Native

Americans, and Asian Americans and Pacific Islanders. In addition, an individual may

be determined to be a socially disadvantaged individual in accordance with the

procedures set forth in 13 C.F.R. § 124.103(c) or (d).

P. “Treasury” means the U.S. Department of Treasury.

Q. “Tribal Member” means a member of the Confederated Tribes of the Colville

Reservation.

R. “Tribe” means the Confederated Tribes of the Colville Reservation.

S. “CIHA” means the Colville Indian Housing Authority

SECTION III.

HOMEOWNER ASSISTANCE OVERVIEW

A. CIHA shall only use the HAF Program Funds to provide financial assistance to Eligible

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Homeowners to use for qualified expenses for the uses set forth herein and in accordance

with the terms of this Policy.

Application. To participate in the HAF Program, a Homeowner must first

submit a complete, written Application to CIHA. This Application must

include all information required by CIHA, as described herein.

Participation. If an Applicant is approved for participation in the HAF

Program, they must then submit information and supporting documentation

each month for which they seek continued HAF Program Funds, unless such

payments are to be provided for a 3 month period, for which the Applicant

must provide such information for the 3-month period.

B. Qualified Expenses

HAF Program Funds may only be used for the following types of qualified

expenses that are for the purpose of preventing homeowner mortgage

delinquencies, homeowner mortgage defaults, homeowner mortgage

foreclosures, homeowner loss of utilities or home energy services, and

displacement of homeowners experiencing financial hardship, after January

21, 2020:

Mortgage payment assistance;

Financial assistance to allow a homeowner to reinstate a mortgage or

to pay other housing-related costs related to a period of forbearance,

delinquency, or default;

Mortgage principal reduction, including with respect to a second

mortgage provided by a nonprofit or government entity;

Facilitating mortgage interest rate reductions;

Payment assistance for:

Homeowner’s utilities, including electric, gas, home energy,

and water;

Homeowner’s insurance, flood insurance, and mortgage

insurance;

Homeowner’s association fees or liens, condominium

association fees, or common charges; and

Down payment assistance loans provided by nonprofit or

government entities;

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Adopted: August 19, 2021

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Payment assistance for delinquent property taxes to prevent

homeowner tax foreclosures;

Measures to prevent homeowner displacement, such as home repairs to

maintain the habitability of a home or assistance to enable households

to receive clear title to their properties;

Counseling or educational efforts by housing counseling agencies

approved by HUD, or legal services, targeted to households eligible to

be served with funding from the HAF Program related to foreclosure

prevention or displacement, in an aggregate amount up to 5% of the

funding from the HAF Program received by the CIHA;

Reimbursement of funds expended by CIHA, by a state, local

government, or entity described in clause (3) or (4) of the definition

above of “eligible entity” during the period beginning on January 21,

2020, and ending on the date that the first funds are disbursed by

CIHA under the HAF Program, for a qualified expense (other than any

qualified expense paid directly or indirectly by another federal funding

source, or any qualified expenses described in clauses (f), (g), (h), or

(j) of this definition) (form to be provided by Treasury); and

Planning, community engagement needs assessment, and

administrative expenses related to CIHA’s disbursement of HAF

Program Funds for qualified expenses, in an aggregate amount not to

exceed 15% of the funding from the HAF Program received by the

CIHA.

Duplication of Assistance. An Eligible Homeowner that occupies a

Dwelling for which that Homeowner is receiving or has already received other

federal assistance may receive HAF Program assistance, provided that HAF

Program Funds are not applied to costs that have been or will be reimbursed

under any other federal assistance. To the extent feasible, CIHA will ensure

that any financial assistance provided to an Eligible Homeowner pursuant to

the HAF Program Funds is not duplicative of any other Federally funded

rental assistance provided to such Homeowner.

If an Eligible Homeowner receives homeowner assistance other than

through the HAF Program, the HAF Program Funds may only be used

to pay for costs that are not paid for by the other homeowner

assistance. When providing HAF Program Funds, CIHA must review

the Eligible Homeowner’s income and sources of assistance to confirm

that the HAF Program Funds do not duplicate any other assistance,

including federal, state, and local assistance provided for the same

costs.

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SECTION IV.

ELIGIBILITY

A. Eligibility Requirements. In order to be eligible to apply for the HAF Program, at the

time the Applicant applies to the HAF Program, the Applicant must meet the following

eligibility requirements:

The Applicant is a homeowner who has experienced a financial hardship after

January 21, 2020, and have an income equal to or less than 150% of the area

median income.

The Applicant attests to the nature of the financial hardship experienced after

January 21, 2020. The attestation must describe the nature of the financial

hardship (for example, job loss, reduction in income, or increased costs due to

healthcare or the need to care for a family member).

B. HAF Program Funds received by an Applicant must only be used for qualified expenses

set forth in this Policy that are related to the Dwelling that is used as the homeowner’s

primary residence.

C. Income Determination. In determining the Income of a household for purposes of

determining such household’s eligibility for assistance from the HAF Program Funds,

CIHA may use HUD’s definition of “annual income” in 24 C.F.R. § 5.609 or use

adjusted gross income as defined for purposes of reporting on Internal Revenue Service

(IRS) Form 1040 series for individual federal annual income tax purposes.

Documentation of Income Determination: Applicant must provide

sufficient information to CIHA to enable CIHA to have a reasonable basis

under the circumstances for purposes of determining if the income eligibility

requirements in (A) above are met. Two approaches for income verification

are permissible: (1) the household may provide a written attestation as to

household income together with supporting documentation such as paystubs,

W-2s or other wage statements, IRS Form 1099s, tax filings, depository

institution statements demonstrating regular income, or an attestation from an

employer; or (2) the household may provide a written attestation as to

household income and CIHA may use a reasonable fact-specific proxy for

household income, such as reliance on data regarding average incomes in the

household’s geographic area. In implementing the HAF Program, CIHA will

avoid establishing documentation requirements that are likely to be barriers to

participation for eligible households, including those with irregular incomes

such as from a small business.

Wavier or Exception to Documentation Requirement: CIHA may provide

a waiver or exception to documentation of income requirement as reasonably

necessary to accommodate extenuating circumstances, such as disabilities,

practical challenges related to the pandemic, or a lack of technological access

by homeowners; in these cases, CIHA is still responsible for making the

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required documentation regarding household income and documenting that

determination.

SECTION V. APPLICATIONS FOR HAF PROGRAM

A. Participation Applications: To participate in the HAF Program, an Applicant must

first submit a complete, written Application on the forms provided by CIHA, which are

attached as Exhibits to this Policy. All information required to be on the forms must be

completed, or the Application will be returned. Applications for the HAF Program may

be submitted electronically, by mail, or by dropping off at the following addresses:

Mailing Address:

Colville Indian Housing Authority

PO Box 528

Nespelem, WA 99155

Nespelem District Drop Box:

CIHA Administration Office

42 Convalescent Center Blvd

Nespelem, WA 99155

Omak District Drop Box:

CIHA Eagles Nest Community Center

1198 Bull Rope Street

Omak, WA 98841

Inchelium District Drop Box:

CIHA Buttercup Lane Community Center Drop Box

21 Salish Way Loop

Inchelium, WA 99138

Electronic Submission:

Email:

Docusign:

CIHA Administration Fax:

[InsertCIHA.Staff.Name>.hsg@colvilletribes.com

insertCIHA.Staff.Name>.hsg@colvilletribes.com

(509) 634-2335

The Application must include the following information and supporting

documentation:

Applicant and Household Information. Homeowners must submit

applicant and household information as included in the Application Form.

This form is attached as an Exhibit.

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Financial Hardship. Homeowners must attest that they experienced financial

hardship after January 21, 2020. The attestation must describe the nature of

the financial hardship (for example, job loss, reduction in income, or increased

costs due to healthcare or the need to care for a family member). This form is

attached as an Exhibit.

Income. Homeowners must have incomes equal to or less than 150% of the

area median income.

Release of Information. This form is attached as an exhibit.

B. Notification of Change of Eligibility. Applicants are required to notify CIHA in writing

immediately whenever any determining factor of eligibility changes. This includes, but

is not limited to:

No longer experiencing a Financial hardship; or

Have an income that is equal to or less than 150%of the area median income.

C. Falsification and Investigation.

If it is discovered that an Applicant has falsified his or her Application, or

otherwise abused the HAF Program, or if an Eligible Homeowner fails to

notify CIHA of changes to eligibility, the homeowner will be subject to

penalties. Penalties will include ineligibility for continued participation in the

HAF Program and repayment of the value of any benefit for which they were

not eligible to receive. CIHA shall have the right to seek such repayment

through garnishment of the Tribal Member’s per capita distribution or wages,

if any.

CIHA shall retain the right to conduct a follow-up investigation into any selfattestations submitted or regarding any other documentation, at its own

discretion, if it determines that the reliability or accuracy of the information

provided is in doubt.

D. Application Review

The CIHA staff member receiving the Application shall sign and date the

Application when it is received at the CIHA offices.

Preferences and Priorities. Applications will be reviewed and processed as

they are received. However, in anticipation of CIHA receiving a substantial

number of applications within a short period of time, with a finite amount of

funding available, CIHA shall review and process Applications for HAF

Program Funds under this Policy according to the following order of

preferences, and in accordance with the HAF Plan submitted to, and approved

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by, the Secretary.

Not less than 60% of amounts made available to CIHA must be used

for qualified expenses that assist Eligible Homeowners having

incomes equal to or less than 100% of the area median income or

equal to or less than 100% of the median income for the United States,

whichever is greater, utilizing the following preferences:

First preference will be given to socially disadvantaged

Eligible Homeowners that have at least one family member

(regardless of whether that member is an adult or head of

household) who is a Tribal Member.

Second preference will be given to socially disadvantaged

Eligible Homeowners that have at least one family member

(regardless of whether that member is an adult or head of

household) who is a member of an Indian Tribe.

Third, preference will be given to other Socially

Disadvantaged Individuals. Households who meet the third

tier of preference may not be eligible to receive HAF

assistance until approval of the HAF Plan by the Department

of Treasury.

The remaining 40% of amounts made available to CIHA will be

prioritized to socially disadvantaged individuals utilizing the same

preferences as set out in subsection (a); above with income equal or

less than 150% of the area median income.

Approval of Application. CIHA will notify Applicants in writing, within

fourteen (14) days of CIHA’s receipt of the Application, of CIHA’s decision

of whether the Applicant has been approved to receive HAF Program Funds.

Denial of Application. If upon initial review, CIHA determines that the

Applicant is not eligible or the request is outside of this Policy, or there are no

longer any HAF Program Funds available, CIHA will notify the Applicant in

writing of this determination, the applicable policies which support the

determination, and the process of appeal (if allowed).

Process of Appeal. Any Applicant who is dissatisfied with a decision

of CIHA concerning eligibility of assistance, the level of benefit

approved, or the type of services available, can appeal that decision to

the CIHA Executive Director.

The appeal process consists of the following steps:

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SECTION VI.

Written notice of ineligibility issued to applicant.

Notice of ineligibility shall inform the Applicant that they

can appeal the decision in writing to the Executive Director

within 10 business days after the notice is issued.

Executive Director has 15 business days from receipt of

appeal to review supporting documentation.

Executive Director has sole authority to overturn the

eligibility determination or deny the appeal based on

information provided by the applicant.

Executive Director’s decision shall be final.

No Appeal. If the reason for the denial of the Application is that there

are no longer any HAF Program Funds remaining, such denial is not

subject to appeal.

HAF PROGRAM PARTICIPATION

A. Submission of Documentation

Once an Applicant is approved for participation in the HAF Program, they

must submit information and documentation on the qualified expenses for

which they are seeking HAF Program Funds.

SECTION VII.

Applicants may initially submit the above information and

documentation at the same time that they submit their initial program

Application.

HAF PROGRAM MANAGEMENT

A. HAF Plan.

To receive HAF funds beyond the initial 10% payment described above,

CIHA must develop and submit a plan for its use of HAF funding. These HAF

plans will describe in detail the needs of homeowners within the relevant

jurisdiction, the design of each program the eligible entity proposes to

implement using HAF funds, performance goals, and information regarding

the CIHA’s readiness to implement the programs. Treasury encourages CIHA

to post draft HAF plans for public comment and hold public hearings. CIHA

will receive funds under the HAF only after Treasury approves a HAF plan. It

is expected that Treasury will provide a template for the HAF plan, which is

expected to include the elements described in Treasury’s HAF Guidance,

dated August 2, 2021 (Homeowner Needs and Engagement; Program Design;

Performance Goals; Readiness; Budget). Notwithstanding anything else in this

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paragraph, CIHA will begin implementing the HAF Program upon adoption

of this Policy, utilizing the initial 10% payment of HAF funds.

By September 30, 2021, CIHA must submit to Treasury a completed HAF

plan or a date by which a HAF plan will be submitted.

B. Maintenance of and Access to Records.

CIHA must create and maintain a set of files for this HAF Program separate

from all other CIHA programs. Any Eligible Homeowner who also

participates in another CIHA program must have a separate file maintained

specifically for the HAF Program.

CIHA may copy relevant documents from a Eligible Homeowner’s existing

file under a separate CIHA program so that the Eligible Homeowner does not

need submit the same documentation twice, provided that the copied

documentation for the HAF Program is kept separately with all other HAF

Program files.

CIHA shall maintain records and financial documents sufficient to evidence

compliance with Section 3206 of the American Rescue Plan Act of 2021 and

applicable Guidance regarding the eligible uses of funds.

The U.S. Treasury Office of Inspector General and the Government

Accountability Office, or their authorized representatives, shall have the right

of access to records (electronic and otherwise) of CIHA in order to conduct

audits or other investigations.

CIHA shall maintain records for a period of five (5) years after all funds have

been expended or returned to the Treasury.

C. Reporting Requirements

CIHA agrees to comply with any reporting obligations established by

Treasury related to the HAF Program. CIHA acknowledges that any such

information required to be reported may be publicly disclosed.

CIHA will submit quarterly reports to Treasury that include financial data,

targeting data, and other information, incompliance with upcoming Treasury

Guidance. CIHA will be subject to the reporting requirements under 2 C.F.R.

Part 200, other than such provisions as Treasury may determine are

inapplicable to CIHA. CIHA will also submit an annual program report to

Treasury regarding the impact of the HAF Program.

D. Compliance with Applicable Laws and Regulations. In carrying out the activities

funded by the HAF Program Funds, CIHA will comply with the following laws and

regulations.

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Section 3206 of the American Rescue Plan Act of 2021 relating to the HAF

Program and any guidance on the HAF Program issued by Treasury.

Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards, 2 C.F.R. Part 200, other than such

provisions as the Secretary may determine are inapplicable to the HAF

Program Funds and subject to such exceptions as may be otherwise provided

by the Secretary. Subpart F – Audit Requirements of the Uniform Guidance,

implementing the Single Audit Act, shall apply to the HAF Program Funds.

Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part

25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R.

Part 25 is hereby incorporated by reference.

Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part

170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.

Part 170 is hereby incorporated by reference.

OMB Guidelines to Agencies on Governmentwide Debarment and Suspension

(Nonprocurement), 2 C.F.R. Part 180 (including the requirement to include a

term or condition in all lower tier covered transactions (contracts and

subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is

subject to 2 C.F.R. Part 180 and the Treasury’s implementing regulation at 31

C.F.R. Part 19.

Recipient Integrity and Performance Matters, pursuant to which the award

term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby

incorporated by reference.

Government-wide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

New Restrictions on Lobbying, 31 C.F.R. Part 21.

Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, which

prohibit discrimination on the basis of race, color, national origin, sex,

familial status, or disability, with the understanding, codified in regulation at

24 CFR 1000.12(d), that Tribes and TDHEs carrying out housing activities

satisfy these requirements by their compliance with the Indian Civil Rights

Act, 25 U.S.C. §§ 1301-1304 (ICRA), and with the further understanding that,

as codified in 25 U.S.C. §§ 4114(b) and 4131(b), Tribes and TDHEs are

permitted to use Indian and Tribal-specific preference in providing housing

services, as well as in contracting and hiring.

10.

The non-discrimination requirements as applied under Section 504 of the

Rehabilitation Act of 1973 and the Department of Housing and Urban

Development implementing regulations at 24 CFR part 8.

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11.

The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.)

and the Treasury’s implementing regulations at 31 C.F.R. Part 23, which

prohibit discrimination on the basis of age in programs or activities receiving

federal financial assistance.

E. Conflict of Interest. CIHA agrees that it will maintain in effect a conflict of interest

policy consistent with 2 C.F.R. § 200.318(c) covering each activity funded under this

award. CIHA shall disclose in writing to Treasury any potential conflict of interest

affecting the awarded funds in accordance with 2 C.F.R. § 200.112.

F. False Statements. CIHA understands that false statements or claims made in connection

with the HAF Program award is a violation of federal criminal law and may result in

fines, imprisonment, and debarment from participating in federal awards or contracts,

and/or any other remedy available by law.

SECTION VIII.

USE AND MANAGEMENT OF FUNDS

A. Use of Funds. CIHA understands and agrees that the HAF Program Funds may only be

used for the purposes set forth in Section 3206 of the American Rescue Plan Act of 2021

and the Guidance for the Homeowner Assistance Fund issued by Treasury on August 2,

2021, as amended from time to time, and any other guidance issued by Treasury

regarding the HAF.

B. Initial Payments. Treasury will make initial payments from the HAF Program available

to eligible entities that are approved to participate in the HAF Program, in an amount

equal to 10% of the total amount allocated to the eligible entity. In order to receive this

initial payment, the CIHA must (1) enter into the financial assistance agreement with

Treasury described above, and (2) commit to use the funds only for qualified expenses

other than clause B(1)(i) of the “Qualified Expenses” section above. Treasury will make

payments to the CIHA or agency of the eligible entity identified on the eligible entity’s

notice of funds request. No more than 50% of the initial payment may be used for

planning, community engagement, needs assessment, and administrative expenses

described in clause B(1)(j) of the “Qualified Expenses” section above. An eligible entity

that elects not to receive this initial payment may receive its allocated funds after

Treasury approves its HAF plan. Treasury encourages HAF participants to use these

initial payments to create or fund pilot programs to serve targeted populations, and to

focus on programs that are most likely to deliver resources most quickly to targeted

populations, such as mortgage reinstatement programs.

C. Financial Management of HAF Program Funds

The HAF Program Funds received by CIHA must be held and maintained in a

restricted revenue bank account depository.

The depository in which the HAF Program Funds are deposited must be a

financial institution that is approved by Treasury and that is sufficiently

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insured by the Federal Deposit Insurance Corporation (“FDIC”) or National

Credit Union Share Insurance Fund (“NCUSIF”).

The HAF Program Funds should be accounted for separately from other

CIHA funds.

Collateralization of HAF Program Funds. All deposits of HAF Program

Funds that are in excess of the FDIC insured amount must be continuously

and fully secured. This may be accomplished by the pledging or setting aside

of collateral of identifiable U.S. Government securities. Such securities shall

be owned by the depository, and the manner of collateralization shall provide

CIHA with a continuing perfected security interest for the full term of the

deposit in the collateral in accordance with applicable laws and Federal

regulations. Such collateral shall, at all times, have a market value at least

equal to the amount of the deposits so secured.

D. Counseling or Educational Costs

CIHA may not use more than 5% of the total amount of HAF Program Funds

for counseling or educational efforts by housing counseling agencies approved

by HUD, or legal services, targeted to households eligible to be served with

funding from the HAF Program related to foreclosure prevention or

displacement.

E. Administrative Costs

CIHA may not use more than 15% of the total amount of HAF Program Funds

for planning, community engagement, needs assessment, and administrative

expenses related to CIHA’s disbursement of the HAF Program Funds for

qualified expenses, in an aggregate amount.

F. Expenditure of HAF Program Funds

Pursuant to Section 3206(c)(2), at least 60 percent of the total amount of HAF

Program Funds received by CIHA shall be used for qualified expenses that

assist homeowners having incomes equal to or less than 100% of the area

median income for their household size or equal to or less than 100% of the

median income for the United States, as determined by the Secretary of

Housing and Urban Development, whichever is greater.

Any amount not made available to homeowners that meet this incometargeting requirement must be prioritized for assistance to socially

disadvantaged individuals, with funds remaining after such prioritization

being made available to other Eligible Homeowners.

G. Cost Sharing. Cost sharing or matching funds are not required to be provided by CIHA.

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H. Sanctions. In the event of CIHA’s noncompliance with applicable law or HAF Program

requirements or guidance, Treasury may impose additional conditions on the receipt of

additional HAF Program Funds by CIHA, terminate further payments from the HAF

Program, seek the repayment of previous HAF payments, or take other available

remedies.

Debts Owed the Federal Government.

Any funds paid to CIHA (1) in excess of the amount to which CIHA is finally

determined to be authorized to retain under the terms of this award; (2) that

are determined by the Treasury Office of Inspector General to have been

misused constitute a debt to the federal government.

Any debts determined to be owed the federal government must be paid

promptly by CIHA. A debt is delinquent if it has not been paid by the date

specified in the Treasury’s initial written demand for payment, unless other

satisfactory arrangements have been made. Interest, penalties, and

administrative charges shall be charged on delinquent debts in accordance

with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. The Treasury will refer any

debt that is more than 180 days delinquent to the Treasury’s Bureau of the

Fiscal Service for debt collection services.

Penalties on any debts shall accrue at a rate of not more than 6 percent per

year or such other higher rate as authorized by law. Administrative charges,

that is, the costs of processing and handling a delinquent debt, shall be

determined by the Treasury.

Funds for payment of a debt must not come from other federally sponsored

programs.

Reallocation of Funds. Funds allocated by Treasury to CIHA that are not subsequently

requested by and disbursed to CIHA may be reallocated by Treasury to other eligible

entities, in accordance with the HAF statute.

K. Period of Performance. The period of performance for the award of HAF funds begins

on the date the CIHA’s Financial Assistance Agreement was executed and ends on

September 30, 2026. CIHA shall not incur any obligations to be paid with the funding

from this award after such period of performance ends.

L. Additional Federal Requirements.

Protections for Whistleblowers.

a. In accordance with 41 U.S.C. § 4712, CIHA may not discharge, demote, or

otherwise discriminate against an employee as a reprisal for disclosing

information to any of the list of persons or entities provided below that the

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employee reasonably believes is evidence of gross mismanagement of a

federal contract or grant, a gross waste of federal funds, an abuse of authority

relating to a federal contract or grant, a substantial and specific danger to

public health or safety, or a violation of law, rule, or regulation related to a

federal contract (including the competition for or negotiation of a contract) or

grant.

b. The list of persons and entities referenced in the paragraph above includes

the following:

i. A member of Congress or a representative of a committee of

Congress;

ii. An Inspector General;

iii. The Government Accountability Office;

iv. A Treasury employee responsible for contract or grant oversight or

management;

v. An authorized official of the Department of Justice or other law

enforcement agency;

vi. A court or grand jury; and/or vii. A management official or other

employee of Recipient, contractor, or subcontractor who has the

responsibility to investigate, discover, or address misconduct.

c. CIHA shall inform its employees in writing of the rights and remedies

provided under this section, in the predominant native language of the

workforce.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513,

74 FR 51225 (Oct. 1, 2009), CIHA should encourage its employees,

subrecipients, and contractors to adopt and enforce policies that ban text

messaging while driving, and CIHA should establish workplace safety

policies to decrease accidents caused by distracted drivers.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order

13043, 62 FR 19217 (Apr. 8, 1997), CIHA should and should encourage its

contractors to adopt and enforce on-the-job seat belt policies and programs for

their employees when operating company-owned, rented or personally owned

vehicles.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.