45 C.F.R. § 12a.3

General policies

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(a) It is the policy of HHS to foster and assure maximum utilization of surplus property for homeless assistance purposes.

(b) Transfers may be made only to eligible organizations.

(c) Property will be requested for assignment only when HUD has made a final determination that the property is suitable for use to assist the homeless, GSA has determined it is available, and HHS has determined it is needed for homeless assistance purposes. The amount of real and related personal property to be transferred shall not exceed normal operating requirements of the applicant. Such property will not be requested for assignment unless it is needed at the time of application for homeless assistance purposes or will be so needed within the immediate or foreseeable future.

(d) Transfers by deed will be made only after the applicant's financial plan is approved and the applicant provides certification that the proposed program is permissible under all applicable State and local zoning restrictions, building codes, and similar limitations.

(e) In instances of noncompliance, transferees are provided an opportunity to cure the noncompliance pursuant to § 12a.10.

Notes of Decisions
Cited in 2 cases, 2010–2013 · leading case: New Life Evangelistic Ctr., Inc. v. Sebelius, 753 F. Supp. 2d 103 (D.D.C. 2010).
New Life Evangelistic Ctr., Inc. v. Sebelius, 753 F. Supp. 2d 103 (D.D.C. 2010). “45 C.F.R. § 12a.3. HUD is required to publish in the Federal Register a description of any available property that has been identified as suitable for use as a facility to assist the homeless.”
Nat'l Law Ctr. On, Homelessness & Poverty v. United States Dep't of Vets. Affairs, 931 F. Supp. 2d 167 (D.D.C. 2013). · cites it 2× “§ 11411 (a); 45 C.F.R. § 12a.3(a). Agencies have 25 days to respond.”
— 45 C.F.R. § 12a.3(a) — 1 case
Nat'l Law Ctr. On, Homelessness & Poverty v. United States Dep't of Vets. Affairs, 931 F. Supp. 2d 167 (D.D.C. 2013). “§ 11411 (a); 45 C.F.R. § 12a.3(a). Agencies have 25 days to respond.”
— 45 C.F.R. § 12a.3(a)(2) — 1 case
Nat'l Law Ctr. On, Homelessness & Poverty v. United States Dep't of Vets. Affairs, 931 F. Supp. 2d 167 (D.D.C. 2013). “§ 11411 (a); 45 C.F.R. § 12a.3(a). Agencies have 25 days to respond.”
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