Where did this 25% density rule come from?

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    Desiree Kameka
    Keymaster

    There are two major federal sources of public help for supportive housing: 1) US Department of Housing and Urban Development which creates regulations and funding to help people build affordable housing or offer permanent rental subsidies (housing vouchers); and 2) US Department of Health and Human Services which includes the Center for Medicaid & Medicare Services (CMS) who controls the federal regulations and funding for long-term support services. For those with autism and I/DD, these services come in the form of Home and Community-Based Service waivers.

    o HUD has a 25% density rule for projects that are funded with a specific HUD program- Section 811. Therefore any project that uses 811 funding can not have more than 25% of residents with I/DD. Other HUD funding does not have this restriction.
    o CMS does not have this rule in any their HCBS waiver regulations. Only New Jersey has this additional rule in their state HCBS regulations as stated in their State Transition Plan which as of April 2016 has yet to be approved by CMS.

    Therefore the restriction automatically applies only to projects funded by HUD Section 811 or potentially if a waiver recipient lives in NJ. Have you been told that your project would not comply with federal regulations if there were more than 25% of residents with I/DD?

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