Disaster Housing Assistance Program-Ike (DHAP-Ike)

DISASTER HOUSING ASSISTANCE PROGRAM—IKE
GRANT AGREEMENT
1. Grant Information
This Grant Agreement (“Grant Agreement”) is made by and between the Federal
Emergency Management Agency (“Grantor”) and the public housing agency (PHA)
____________________________________PHA Code_______ (“Grantee”) to
administer the Disaster Housing Assistance Program-Ike (“DHAP-Ike”). DHAP-Ike is
authorized under the Department of Homeland Security’s general grant authority under
section 102(b)(2) of the Homeland Security Act, 6 U.S.C. § 112, sections 408(b)(1), 426
and 306(a) of Robert T. Stafford Disaster Relief and Emergency Assistance Act , 42
U.S.C. § 5174(b)(1), § 5189d and § 5149 (a), respectively, and the Economy Act, 3l
U.S.C. § 1535. Pursuant to an Inter-Agency Agreement signed by the Federal
Emergency Management Agency (FEMA) and the Department of Housing and Urban
Development (HUD), FEMA transferred the administration of the DHAP-Ike to HUD
including administration of this grant agreement.

2. Definitions
Budget Authority The maximum amount of funds available for payment to the PHA
over the term of the Grant Agreement.
Grant Agreement This Grant Agreement for the DHAP-Ike. With each Grant
Agreement Funding Increment, the parties commit to the terms of this Grant Agreement.
Commitments for all the funding increments are listed in this Grant Agreement as
Funding Exhibits.
Expenditures Amounts which may be charged against program receipts in accordance
with the Grant Agreement and HUD requirements.
Funding Exhibit An exhibit to the Grant Agreement. The funding exhibit states the
amount and term of funding for a Grant Agreement Funding Increment.
Grant Agreement Funding Increment Each commitment of budget authority by
HUD to the PHA for the DHAP-Ike under the Grant Agreement. The funding
increments for the program are listed on the program funding exhibit.
HUD U.S. Department of Housing and Urban Development.
Program The Disaster Housing Assistance Program-Ike.

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Public Housing Agency (PHA) A housing agency or other HUD-designated
intermediary agency with the ability and legal capability to administer the DHAP-Ike
assistance that has entered this Grant Agreement with HUD upon executing the DHAPIke Grant Agreement.
Program Receipts Amounts paid by HUD to the PHA for the program, and any other
amounts received by the PHA in connection with the program.

3. Funding for PHA Program
a. The funding increments in the DHAP-Ike are listed in the funding exhibit for the
program.
b. The amount of budget authority for each funding increment in a program is stated in
the program funding exhibit.
c. By giving written notice to the PHA, HUD may revise the funding exhibit for a
program:
(1) To add a funding increment, or
(2) To remove a funding increment for which the Grant Agreement term has expired.
d. The HUD notice must include a revised funding exhibit, specifying the term and
budget authority for each funding increment under the Grant Agreement. The HUD
notice of a revised funding exhibit for a program constitutes an amendment of the
Grant Agreement.

4. Term
a. The funding exhibit states the first date and last date of the Grant Agreement term for
each funding increment
b. If the first or last date of the Grant Agreement term for a funding increment is not
entered before the Grant Agreement is signed by the PHA, HUD may enter the date
subsequently, by giving written notice to the PHA.
c. The PHA agrees that costs incurred prior to the execution of this Grant Agreement for
DHAP-Ike shall not be reimb ursable from this grant.

5. Payments for Program
a. HUD will make payments to the PHA for the program in accordance with DHAP-Ike
requirements.
b. For the program, HUD will pay the PHA the amount approved by HUD to cover:
(1)Rent subsidy payments by the PHA for the program.
(2)Security and utility deposit assistance by the PHA for the program.
(3)PHA fees for administration of the program, including case management fees.
(4)Any other costs or fees that HUD determines necessary for the program
administration.
c. The amount of the payment may be reduced, as determined by HUD, in accordance
with DHAP-Ike requirements.

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d. HUD will offset funds advanced to PHAs for services that will not or have not been
rendered against future disbursements to the PHA. HUD will perform quarterly
reconciliation of advances of funds in accordance with DHAP-Ike standard operating
procedures published by HUD.
e. HUD may require a PHA to transfer payments to another PHA in accordance with the
DHAP-Ike requirements.
6. Maximum Payments for Program
a. Maximum Limit. The payments for the DHAP-Ike must not be more than the sum of
the budget authority amounts for the funding increments in the program.
b. Limit on Payments for Funding Increment. The total amount of payments for any
funding increment over the increment term must not exceed budget authority for the
funding increment.

7. Reduction of Amount Payable by HUD
a. If HUD determines that the PHA has failed to comply with any obligations under the
Grant Agreement, HUD may reduce to an amount determined by HUD:
(1) The amount of the HUD payment for any funding increment.
(2) The budget authority for any funding increment.
b. HUD must give the PHA written notice of the reduction.
c. The HUD notice must include a revised funding exhibit specifying the term and budget
authority for each funding increment under the Grant Agreement. The HUD notice of
revisions to the funding exhibit for the program constitutes an amendment of the Grant
Agreement.
d. In addition to future reductions, PHA’s may be required to return funds back to HUD
for failing to comply with any obligations under the Grant Agreement or operating
requirements.

8. PHA Request for Payment
a. The PHA must report to HUD such information as HUD may require to receive
payments for the program. The report to HUD must be submitted at such time and in
such form as HUD may require, and is subject to HUD approval and revision.
b. PHAs, at a minimum, must report the following information and certify that:
(1) Rent subsidy payments have been made in accordance with contracts in the form
prescribed by HUD in accordance with HUD requirements; and
(2) Units have been inspected by the PHA in accordance with HUD and PHA
requirements.
(3) Security and utility deposit assistance have been made in accordance with
contracts in the form prescribed by HUD in accordance with HUD requirements.
c. If HUD determines that payments by HUD to the PHA exceed the amount of the
payment approved by HUD, the excess must be applied as determined by HUD. Such
applications determined by HUD may include, but are not limited to, application of
the excess payment against the amount of the payment for a subsequent quarter.

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d. The PHA must take any actions required by HUD respecting the excess payment, and
must, upon demand by HUD, promptly remit the excess payment to HUD.
e. The accounting system of the PHA shall ensure that it will not commingle these grant
funds with funds from any other sources that include, but are not limited to, other
FEMA or HUD program funds or funds from other Federal, State, tribal or local
government agencies.

9. DHAP-IKE Requirements
a. The PHA must comply, and must require owners and families to comply with the
requirements of the DHAP-Ike including any amendments or changes in the law or
requirements.
b. The DHAP-Ike requirements are embodied in the Inter-Agency Agreement between
FEMA and HUD, the Operating Requirements and Case Management Guidelines for
the program, any applicable HUD notices, Federal Register Notices, regulations,
contracts and HUD policies for the DHAP-Ike.
c. The PHA must use the program forms required by HUD.
d. The PHA must report in the Voucher Management System (VMS) the actual rental
assistance costs and leasing for each month. Submissions are due 30 days following
the end of each quarter or earlier as required by HUD.
e. The PHA must proceed expeditiously with the program under this Grant Agreement.
f. The PHA must verify the families’ need for continued assistance by the earlier of
either the six months after the effective date of the DRSC initially executed on behalf
of the family or by July 31, 2009.

10. Use of Program Receipts
a. The PHA must use program receipts to provide temporary rental assistance for eligible
families in compliance with the DHAP-Ike and all HUD requirements. Program
receipts may only be used to pay eligible program expenditures properly obligated
within the period of performance.
b. The PHA must not make any program expenditures, except in accordance with the
reporting and other HUD requirements.
c. If required by HUD, program receipts in excess of current needs must be promptly
remitted to HUD.

11. Depositary
a. Unless otherwise required or permitted by HUD, all program receipts must be
promptly deposited with a financ ial institution selected as depositary by the PHA in
accordance with HUD requirements.
b. The PHA must enter into an agreement with the depositary institution in the form
required by HUD.
c. The PHA may only withdraw deposited program receipts for use in connection with
the program in accordance with HUD requirements.

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d. The agreement with the depositary institution must provide, that if required under a
written notice from HUD to the depositary:
(1) The depositary must not permit any withdrawal of deposited funds by the PHA
unless withdrawals by the PHA are expressly authorized by written notice from
HUD to the depositary.
(2) The depositary must permit withdrawals of deposited funds by HUD.
e. If approved by HUD, the PHA may deposit under the depositary agreement monies
received or held by the PHA in connection with any contract between the PHA and
HUD.

12. Program Records
a. The PHA must maintain complete and accurate books of account and records for this
program. The books and records must remain separate and distinct from the PHA’s
regular voucher program, DHAP and DVP in terms of the source and use the funding.
The books and records must be in accordance with OMB Circular A-133 and HUD
requirements in 24 CFR part 5, subpart H, and must permit a speedy and effective
audit.
b. The PHA must maintain a separate Housing Assistance Payment (HAP) register to
record and control assistance payments for rent subsidies.
c. The PHA must furnish HUD such financial and program reports, records, statements,
and documents at such times, in such form, and accompanied by such supporting data
as required by HUD.
d. FEMA, HUD and the Comptroller General of the United States, or their duly
authorized representatives, must have full and free access to all PHA offices and
facilities, and to all the books, documents and records of the PHA relevant to
administration of the program, including the right to audit and to make copies.
e. The PHA must engage and pay an independent public accountant to conduct audits
that are required by HUD.

13. Default by PHA
a. Upon written notice to the PHA, HUD may take possession of rights or interests in
connection with this program, including funds held by a depositary, program receipts,
and rights or interests under a Disaster Rent Subsidy Contract with an owner, or may
order the PHA to take remedial action, if HUD determines that:
(1) The PHA has failed to comply with any obligations under this Grant Agreement;
or
(2) The PHA has failed to comply with obligations under a Disaster Rent Subsidy
Contract with an owner; or
(3) The PHA has failed to comply with the DHAP-Ike program requirements.
(4) The PHA has failed to take appropriate action, to HUD’s satisfaction or as
directed by HUD, for enforcement of the PHA’s rights under a Disaster Rent
Subsidy Contract; or
(5) The PHA has made any misrepresentation to HUD of any material fact.

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b. HUD’s exercise or non-exercise of any right or remedy under the Grant Agreement is
not a waiver of HUD’s right to exercise that or any other right or remedy at any time.

14. Program Closeout
Upon conclusion of the PHA’s DHAP-Ike program, HUD will conduct a settlement
process in accordance with DHAP-Ike operating requirements and then adjust funding
for the PHAs accordingly. Final close out will be conducted by HUD no later than 180
days after termination of the program.

15. Fidelity Bond Coverage
The PHA must carry adequate fidelity bond coverage, as required by HUD, of its
officers, agents, or employees handling cash or authorized to sign checks or certify
vouchers. Proof of this coverage must be made available to FEMA and HUD upon
request.

16. Exclusion of Third Party Rights
a. A family that is eligible for rent subsidies or rental assistance under this Grant
Agreement is not a party to or third party beneficiary of the Grant Agreement.
b. Nothing in the Grant Agreement shall be construed as creating any right of any third
party to enforce any provision of this Grant Agreement, or to assert any claim against
HUD or the PHA.

17. Grant Misrepresentation
The PHA or any other entity under this instrument who makes or causes to be made a
false statement, claim or misrepresentation, which the Grantee or entity knows or has
reason to know is false, may be imprisoned and/or fined in accordance with the civil or
criminal penalties and /or fines applicable under law, including Title 18 of the United
States Code (U.S.C.), Title 31, section 3801, et seq. (Program Fraud Civil Remedies
Act) and any other applicable provision or Federal, state or local law.

18. Grant Agreement
a. The Grant Agreement is an agreement between FEMA and the PHA.
b. The Grant Agreement shall not be amended or modified without prior written
approval from FEMA.
c. FEMA will make funds available to HUD and the PHA pursuant to this Grant
Agreement and the DHAP-Ike Requirements in the manner and amounts described
herein.
19. Termination
The Grant term shall begin on ________________and shall end no later than
March 13, 2010.

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20. Acknowledgements
a. The Grantor and the Grantee acknowledge HUD’s right to administer and enforce the
provisions under this Grant Agreement, the Standard Operating Procedures and any
subsequent HUD directives and guidance for the DHAP-Ike.
b. By entering into this Grant Agreement, it is so acknowledged by the signature
below, that the Grantee has the legal capacity and authority to administer the
DHAP-Ike in the jurisdiction covered by this Agreement.

WITNESS WHEROF, the parties have executed this Grant Agreement by their duly
authorized signatories as of the date signed by both parties.
________________________________________________________________________
United States of America
Federal Emergency Management Agency
Signature of Authorized Representative
X____________________________________________Date Signed__________________
Name and Official Title (Print or Type)__________________________________________
DHAP FEMA Grant Officer, Office of the Administrator of the Disaster Assistance
Directorate

Housing Agency
Name of Agenc y____________________________________________________________
Signature of Authorized Representative
X____________________________________________Date Signed__________________
Name and Official Title (Print or Type)__________________________________________

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