HomeMy WebLinkAboutBack-Up from Law Dept2/4/14 eCFR — Code of Federal Regulations
Subpart C—Local Governments; Contents of Consolidated Plan
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§91.200 General.
(a) A complete consolidated plan consists of the information required in §91.200 through §91.230, submitted in
accordance with instructions prescribed by HUD (including tables and narratives), or in such other format as jointly
agreed upon by HUD and the jurisdiction.'A comprehensive housing affordability strategy consists of the information
required in §91.200 through §91.215(e), §91.215(h) through §91.215(I), §91.220(c), §91.220(g), §91.225 and §91.230.
(b) The jurisdiction shall describe:
(1) The lead agency or entity responsible for overseeing the development of the plan and the significant aspects
of the process by which the consolidated plan was developed;
(2) The identity of the agencies, groups, organizations, and others who participated in the process; and
(3) A jurisdiction's consultations with:
(i) The Continuum of Care that serves the jurisdiction's geographic area;
(ii) Public and private agencies that address housing, health, social services, employment, or education needs of
low-income individuals and families, of homeless individuals and families, of youth, and/or of other persons with
special needs,
(iii) Publicly funded institutions and systems of care that may discharge persons into homelessness (such as
health-care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and
institutions);
(iv) Other entities.
(c) In order to facilitate citizen review and comment each year, the plan shall contain a concise executive
summary that includes the objectives and outcomes identified in the plan as well as an evaluation of past
performance. The plan shall also include a concise summary of the citizen participation process, public comments,
and efforts made to broaden public participation in -the development of the consolidated plan.
[71 FR 6963, Feb. 9, 2006, as amended at 76 FR 75968, Dec. 5, 2011]
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§91.205 Housing and homeless needs assessment.
(a) General. The consolidated plan must provide a concise summary of the jurisdiction's estimated housing
needs projected for the ensuing five-year period. Housing data included in this portion of the plan shall be based on
U.S. Census data, as provided by HUD, as updated by any properly conducted local study, or any other reliable
source that the jurisdiction clearly identifies, and should reflect the consultation with social service agencies and
other entities conducted in accordance with §91.100 and the citizen participation process conducted in accordance
with §91.105. Fora jurisdiction seeking funding on behalf of an eligible metropolitan statistical area under the
HOPWA program, the needs described for housing and supportive services must address the unmet needs of low-
income persons with HIV/AIDS and their families throughout the eligible metropolitan statistical area.
(b) Categories of persons affected. (1)(i) The plan shall estimate the number and type of families in need of
housing assistance for:
(A) Extremely low-income, low-income, moderate -income, and middle -income families;
(B) Renters and owners;
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(C) Elderly persons;
(D) Single persons;
(E) Large families;
(F) Public housing residents;
(G) Families on the public housing and Section 8 tenant -based waiting list;
(H) Persons with HIV/AIDS and their families;
(I) Victims of domestic violence, dating violence, sexual assault, and stalking;
(J) Persons with disabilities; and
(K) Formerly homeless families and individuals who are receiving rapid re -housing assistance and are nearing the
termination of that assistance.
(ii) The description of housing needs shall include a concise summary of the cost burden and severe cost
burden, overcrowding (especially for large families), and substandard housing conditions being experienced by
extremely low-income, low-income, moderate -income, and middle -income renters and owners compared to the
jurisdiction as a whole. (The jurisdiction must define in its consolidated plan the terms "standard condition" and
"substandard condition but suitable for rehabilitation.")
(2) For any of the income categories enumerated in paragraph (b)(1) of this section, to the extent that any racial
or ethnic group has disproportionately greater need in comparison to the needs of that category as a whole,
assessment of that specific need shall be included. For this purpose, disproportionately greater need exists when the
percentage of persons in a category of need who are members of a particular racial or ethnic group in a category of
need is at least 10 percentage points higher than the percentage of persons in the category as a whole.
(c) Persons who are homeless or at risk of homelessness. (1) The plan must describe, in a form prescribed by
HUD, the nature and extent of unsheltered and sheltered homelessness, including rural homelessness, within the
jurisdiction. At a minimum, the recipient must use data from the Homeless Management Information System (HMIS)
and data from the Point -In -Time (PIT) count conducted in accordance with HUD standards.
(i) The description must include, for each category of homeless persons specified by HUD (including chronically
homeless individuals and families, families with children, veterans and their families, and unaccompanied youth), the
number of persons experiencing homelessness on a given night, the number of persons who experience
homelessness each year, the number of persons who lose their housing and become homeless each year, the
number of persons who exit homelessness each year, the number of days that persons experience homelessness,
and other measures specified by HUD.
(ii) The plan also must contain a brief narrative description of the nature and extent of homelessness by racial
and ethnic group, to the extent information is available.
(2) The plan must include a narrative description of the characteristics and needs of low-income individuals and
families with children (especially extremely low-income) who are currently housed but threatened with homelessness.
This information may be evidenced by the characteristics and needs of individuals and families with children who are
currently entering the homeless assistance system or appearing for the first time on the streets. The description
must also specify particular housing characteristics that have been linked with instability and an increased risk of
homelessness.
(d) Other special needs. (1) The jurisdiction shall estimate, to the extent practicable, the number of persons who
are not homeless but require supportive housing, including the elderly, frail elderly, persons with disabilities (mental,
physical, developmental), persons with alcohol or other drug addiction, persons with HIV/AIDS and their families,
public housing residents, and any other categories the jurisdiction may specify, and describe their supportive housing
needs.
(2) With respect to a jurisdiction seeking funding on behalf of an eligible metropolitan statistical area under the
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HOPWA program, the plan must identify the size and characteristics of the population with HIV/AIDS and their
families within the eligible metropolitan statistical area it will serve.
(e) Lead -based paint hazards. The plan must estimate the number of housing units within the jurisdiction that are
occupied by low-income families or moderate -income families that contain lead -based paint hazards, as defined in
this part.
(Approved bythe Office of Management and Budget under control number 2506-0117)
[60 FR 1896, Jan. 5, 1995, as amended at 61 FR 51760, Oct. 3, 1996; 71 FR 6963, Feb. 9, 2006; 73 FR 72342, Nov. 28,
2008; 75 FR 66260, Oct. 27, 2010; 76 FR 75968, Dec. 5, 2011 ]
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§91.210 Housing market analysis.
(a) General characteristics. Based on information available to the jurisdiction, the plan must describe the
significant characteristics of the jurisdiction's housing market, including the supply, demand, and condition and cost
of housing and the housing stock available to serve persons with disabilities, and to serve other low-income persons
with special needs, including persons with HIV/AIDS and their families. Data on the housing market should include,
to the extent information is available, an estimate of the number of vacant or abandoned buildings and whether units
in these buildings are suitable for rehabilitation. The jurisdiction must also identify and describe any areas within the
jurisdiction with concentrations of racial/ethnic minorities and/or low-income families, stating how it defines the terms
"area of low-income concentration" and "area of minority concentration" for this purpose. The locations and degree of
these concentrations must be identified, either in a narrative or on one or more maps.
(b) Public and assisted housing. (1) The plan must describe and identify the public housing developments and
the number of public housing units in the jurisdiction, the physical condition of such units, the restoration and
revitalization needs, results from the Section 504 needs assessment (i.e., assessment of needs of tenants and
applicants on waiting list for accessible units, as required by 24 CFR 8.25), and the public housing agency's strategy
for improving the management and operation of such public housing and for improving the living environment of low -
and moderate -income families residing in public housing. The consolidated plan must identify the public housing
developments in the jurisdictions that are participating in an approved PHA Plan.
(2) The jurisdiction shall include a description of the number and targeting (income level and type of family
served) of units currently assisted by local, state, or federally funded programs, and an assessment of whether any
such units are expected to be lost from the assisted housing inventory for any reason, such as expiration of Section
8 contracts.
(c) Facilities, housing, and services for homeless persons. The plan must include a brief inventory of facilities,
housing, and services that meet the needs of homeless persons within the jurisdiction, particularly chronically
homeless individuals and families, families with children, veterans and their families, and unaccompanied youth.
(1) The inventory of facilities and housing (e.g., emergency shelter, transitional housing, and permanent
supportive housing) must be presented in a form specified by HUD.
(2) The inventory of services must include both services targeted to homeless persons and mainstream services,
such as health, mental health, and employment services to the extent those services are used to complement
services targeted to homeless persons.
(d) Special need facilities and services. The plan must describe, to the extent information is available, the
facilities and services that assist persons who are not homeless but who require supportive housing, and programs for
ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing.
(e) Barriers to affordable housing. The plan must explain whether the cost of housing or the incentives to
develop, maintain, or improve affordable housing in the jurisdiction are affected by public policies, particularly by
policies of the jurisdiction, including tax policies affecting land and other property, land use controls, zoning
ordinances, building codes, fees and charges, growth limits, and policies that affect the return on residential
investment.
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(Approved bythe Office of Management and Budget under control number 2506-0117)
[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6964, Feb. 9, 2006; 76 FR 75969, Dec. 5, 2011]
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§91.215 Strategic plan.
(a) General. For the categories described in paragraphs (b), (c), (d), (e), and (f) of this section, the consolidated
plan must do the following:
(1) Indicate the general priorities for allocating investment geographically within the jurisdiction (or within the
EMSA for the HOPWA program) and among different activities and needs, as identified in tables prescribed by HUD.
(2) Describe the rationale for establishing the allocation priorities given to each category of priority needs,
particularly among extremely low-income, low-income, and moderate -income households;
(3) Identify any obstacles to meeting underserved needs;
(4) Summarize the priorities and specific objectives the jurisdiction intends to initiate and/or complete during the
time period covered by the strategic plan and how funds that are reasonably expected to be available will be used to
address identified needs. For each specific objective statement, identify proposed accomplishments and outcomes
the jurisdiction hopes to achieve in quantitative terms over a specified time period (e.g., one, two, three or more
years), or in other measurable terms as identified and defined by the jurisdiction. This information is to be provided in
accordance with guidance to be issued by HUD.
(b) Affordable housing. With respect to affordable housing, the consolidated plan must include the priority
housing needs table prescribed by HUD and must do the following:
(1) The affordable housing section shall describe how the characteristics of the housing market and the severity
of housing problems and needs of extremely low-income, low-income, and moderate -income renters and owners,
persons at risk of homelessness, and homeless persons identified in accordance with §91.205 provided the rationale
for establishing allocation priorities and use of funds made available for rental assistance, production of new units,
rehabilitation of existing units, or acquisition of existing units (including preserving affordable housing units that may
be lost from the assisted housing inventory for any reason). Household and income types may be grouped together
for discussion where the analysis would apply to more than one of them. If the jurisdiction intends to use HOME
funds for tenant -based assistance, the jurisdiction must specify local market conditions that led to the choice of that
option.
(2) The affordable housing section shall include specific objectives that describe proposed accomplishments, that
the jurisdiction hopes to achieve and must specify the number of extremely low-income, low-income, and moderate -
income families, and homeless persons to whom the jurisdiction will provide affordable housing as defined in 24 CFR
92.252 for rental housing and 24 CFR 92.254 for homeownership over a specific time period.
(c) Public housing. The consolidated plan must describe the manner in which the plan of the jurisdiction will
address the needs of public housing, including the need to increase the number of accessible units where required by
a Section 504 Voluntarily Compliance Agreement. The consolidated plan must also describe the jurisdiction's
activities to encourage public housing residents to become more involved in management and participate in
homeownership. If the public housing agency is designated as "troubled" by HUD under 24 CFR part 902, the
jurisdiction must describe the manner in which it will provide financial or other assistance to improve its operations
and remove the "troubled" designation.
(d) Homelessness. The consolidated plan must include the priority homeless needs table prescribed by HUD and
must describe the jurisdiction's strategy for reducing and ending homelessness through:
(1) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs;
(2) Addressing the emergency shelter and transitional housing needs of homeless persons;
(3) Helping homeless persons (especially chronically homeless individuals and families, families with children,
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veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent
living, including shortening the period of time individuals and families experience homelessness, facilitating access for
homeless individuals and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again; and
(4) Helping low-income individuals and families avoid becoming homeless, especially extremely low-income
individuals and families who are:
(i) Likely to become homeless after being discharged from publicly funded institutions and systems of care into
homelessness (such as health-care facilities, mental health facilities, foster care and other youth facilities, and
corrections programs and institutions) or
(ii) Receiving assistance from public and private agencies that address housing, health, social services,
employment, education, or youth needs.
(e) Other special needs. With respect to special needs of the non -homeless, the consolidated plan must provide
a concise summary of the priority housing and supportive service needs of persons who are not homeless but who
may or may not require supportive housing (i.e., elderly, frail elderly, persons with disabilities (mental, physical,
developmental), persons with alcohol or other drug addiction, persons with HIV/AIDS and their families, and public
housing residents). If the jurisdiction intends to use HOME funds for tenant -based assistance to assist one or more of
these subpopulations, it must specify local market conditions that led to the choice of this option.
(f) Nonhousing community development plan. If the jurisdiction seeks assistance under the Community
Development Block Grant (CDBG) program, the consolidated plan must provide a concise summary of the
jurisdiction's priority non -housing community development needs eligible for assistance under HUD's community
development programs by CDBG eligibility category, in accordance with a table prescribed by HUD. This community
development component of the plan must state the jurisdiction's specific long-term and short-term community
development objectives (including economic development activities that create jobs), which must be developed in
accordance with the primary objective of the CDBG program to develop viable urban communities by providing decent
housing and a suitable living environment and expanding economic opportunities, principally for low-income and
moderate -income persons.
(g) Neighborhood Revitalization. Jurisdictions are encouraged to identify locally designated areas where
geographically targeted revitalization efforts are carried out through multiple activities in a concentrated and
coordinated manner. In addition, a jurisdiction may elect to carry out a HUD -approved neighborhood revitalization
strategy that includes the economic empowerment of low-income residents with respect to one or more of its areas. If
HUD approves such a strategy, the jurisdiction can obtain greater flexibility in the use of the CDBG funds in the
revitalization area(s) as described in 24 CFR part 570, subpart C. This strategy must identify Tong -term and short-term
objectives (e.g., physical improvements, social initiatives and economic empowerment), expressing them in terms of
measures of outputs and outcomes the jurisdiction expects to achieve in the neighborhood through the use of HUD
programs.
(h) Barriers to affordable housing. The consolidated plan must describe the jurisdiction's strategy to remove or
ameliorate negative effects of public policies that serve as barriers to affordable housing, as identified in accordance
with §91.210(e), except that, if a State requires a unit of general local government to submit a regulatory barrier
assessment that is substantially equivalent to the information required under this paragraph (h), as determined by
HUD, the unit of general local government may submit its assessment submitted to the State to HUD and shall be
considered to have complied with this requirement.
(i) Lead -based paint hazards. The consolidated plan must outline actions proposed or being taken to evaluate
and reduce lead -based paint hazards and increase access to housing without such health hazards, how the plan for
the reduction of lead -based hazards is related to the extent of lead poisoning and hazards, and how the plan for the
reduction of lead -based hazards will be integrated into housing policies and programs.
(j) Anti -poverty strategy. The consolidated plan must provide a concise summary of the jurisdiction's goals,
programs, and policies for reducing the number of poverty -level families and how the jurisdiction's goals, programs,
and policies for producing and preserving affordable housing, set forth in the housing component of the consolidated
plan, will be coordinated with other programs and services for which the jurisdiction is responsible and the extent to
which they will reduce (or assist in reducing) the number of poverty -level families, taking into consideration factors
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over which the jurisdiction has control. These policies may include the jurisdiction's policies for providing employment
and training opportunities to section 3 residents pursuant to 24 CFR part 135.
(k) Institutional structure. The consolidated plan must provide a concise summary of the institutional structure,
including private industry; nonprofit organizations; community and faith -based organizations; philanthropic
organizations; the Continuum of Care; and public institutions, departments and agencies through which the
jurisdiction will carry out its housing, homeless, and community development plan; a brief assessment of the
strengths and gaps in that delivery system; and a concise summary of what the jurisdiction will do to overcome gaps
in the institutional structure for carrying out its strategy for addressing its priority needs.
(I) Coordination. The consolidated plan must provide a concise summary of the jurisdiction's activities to enhance
coordination among the Continuum of Care, public and assisted housing providers, and private and governmental
health, mental health, and service agencies. The summary must address the jurisdiction's efforts to coordinate
housing assistance and services for homeless persons (especially chronically homeless individuals and families,
families with children, veterans and their families, and unaccompanied youth) and persons who were recently
homeless but now live in permanent housing. With respect to the public entities involved, the plan must describe the
means of cooperation and coordination among the State and any units of general local government in the metropolitan
area in the implementation of its consolidated plan. With respect to economic development, the jurisdiction should
describe efforts to enhance coordination with private industry, businesses, developers, and social service agencies.
[71 FR 6964, Feb. 9, 2006, as amended at 76 FR 75969, Dec. 5, 2011]
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§91.220 Action plan.
The action plan must include the following:
(a) Standard Form 424;
(b) A concise executive summary that includes the objectives and outcomes identified in the plan as well as an
evaluation of past performance, a summary of the citizen participation and consultation process (including efforts to
broaden public participation) (24 CFR 91.200 (b)), a summary of comments or views, and a summary of comments or
views not accepted and the reasons therefore (24 CFR 91.105 (b)(5)).
(c) Resources and objectives—(1) Federal resources. The consolidated plan must provide a concise summary of
the federal resources (including grant funds and program income) expected to be made available. Federal resources
should include Section 8 funds made available to jurisdictions, Low -Income Housing Tax Credits, and competitive
McKinney-Vento Homeless Assistance Act funds, expected to be available to address priority needs and specific
objectives identified in the strategic plan.
(2) Other resources. The consolidated plan must indicate resources from private and state and local sources that
are reasonably expected to be made available to address the needs identified in the plan. The plan must explain how
federal funds will leverage those additional resources, including a description of how matching requirements of the
HUD programs will be satisfied. Where the jurisdiction deems it appropriate, the jurisdiction may indicate publicly
owned land or property located within the jurisdiction that may be used to address the needs identified in the plan;
(3) Annual objectives. The consolidated plan must contain a summary of the annual objectives the jurisdiction
expects to achieve during the forthcoming program year.
(d) Activities to be undertaken. The action plan must provide a description of the activities the jurisdiction will
undertake during the next year to address priority needs and objectives. This description of activities shall estimate
the number and type of families that will benefit from the proposed activities, the specific local objectives and priority
needs (identified in accordance with §91.215) that will be addressed by the activities using formula grant funds and
program income the jurisdiction expects to receive during the program year, proposed accomplishments, and a target
date for completion of the activity. This information is to be presented in the form of a table prescribed by HUD. The
plan must also describe the reasons for the allocation priorities and identify any obstacles to addressing underserved
needs;
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(e) Outcome measures. Each jurisdiction must provide outcome measures for activities included in its action
plan in accordance with guidance to be issued by HUD.
(f) Geographic distribution. A description of the geographic areas of the jurisdiction (including areas of low-
income and minority concentration) in which it will direct assistance during the ensuing program year, giving the
rationale for the priorities for allocating investment geographically. When appropriate, jurisdictions should estimate the
percentage of funds they plan to dedicate to target areas.
(g) Affordable housing. The jurisdiction must specify one-year goals for the number of homeless, non -homeless,
and special -needs households to be provided affordable housing using funds made available to the jurisdiction and
one-year goals for the number of households to be provided affordable housing through activities that provide rental
assistance, production of new units, rehabilitation of existing units, or acquisition of existing units using funds made
available to the jurisdiction. The term affordable housing shall be as defined in 24 CFR 92.252 for rental housing and
24 CFR 92.254 for homeownership.
(h) Public housing. Actions it plans to take during the next year to address the needs of public housing and
actions to encourage public housing residents to become more involved in management and participate in
homeownership. If the public housing agency is designated as "troubled" by HUD under part 902 of this title, the
jurisdiction must describe the manner in which it will provide financial or other assistance to improve its operations
and remove the "troubled" designation.
(i) Homeless and other special needs activities. (1) The jurisdiction must describe its one-year goals and specific
actions steps for reducing and ending homelessness through:
(i) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs;
(ii) Addressing the emergency shelter and transitional housing needs of homeless persons; and
(iii) Helping homeless persons (especially chronically homeless individuals and families, families with children,
veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent
living, including shortening the period of time that individuals and families experience homelessness, facilitating
access for homeless individuals and families to affordable housing units, and preventing individuals and families who
were recently homeless from becoming homeless again; and
(iv) Helping low-income individuals and families avoid becoming homeless, especially extremely low-income
individuals and families who are:
(A) Being discharged from publicly funded institutions and systems of care, such as health-care facilities, mental
health facilities, foster care and other youth facilities, and corrections programs and institutions; or
(B) Receiving assistance from public and private agencies that address housing, health, social services,
employment, education, or youth needs.
(2) The jurisdiction must specify the activities that it plans to undertake during the next year to address the
housing and supportive service needs identified in accordance with §91.215(e) with respect to persons who are not
homeless but have other special needs.
(j) Barriers to affordable housing. Actions it plans to take during the next year to remove or ameliorate the
negative effects of public policies that serve as barriers to affordable housing. Such policies, procedures and
processes include, but are not limited to, land use controls, tax policies affecting land, zoning ordinances, building
codes, fees and charges, growth limitations, and policies affecting the return on residential investment.
(k) Other actions. Actions it plans to take during the next year to address obstacles to meeting underserved
needs, foster and maintain affordable housing, evaluate and reduce lead -based paint hazards, reduce the number of
poverty -level families, develop institutional structure, and enhance coordination between public and private housing
and social service agencies (see §91.215 (a), (b), (i), (j), (k), and (I)).
(I) Program -specific requirements—(1) CDBG. (i) A jurisdiction must describe activities planned with respect to
all CDBG funds expected to be available during the program year (including program income that will have been
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received before the start of the next program year), except that an amount generally not to exceed ten percent of
such total available CDBG funds may be excluded from the funds for which eligible activities are described if it has
been identified for the contingency of cost overruns.
(ii) CDBG funds expected to be available during the program year includes the following:
(A) Any program income that will have been received before the start of the next program year and that has not
yet been programmed;
(B) Proceeds from Section 108 loan guarantees that will be used during the year to address the priority needs
and specific objectives identified in its strategic plan;
(C) Surplus from urban renewal settlements;
(D) Grant funds returned to the line of credit for which the planned use has not been included in a prior statement
or plan; and
(E) Income from float -funded activities. The full amount of income expected to be generated by a float -funded
activity must be shown, whether or not some or all of the income is expected to be received in a future program year.
To assure that citizens understand the risks inherent in undertaking float -funded activities, the recipient must specify
the total amount of program income expected to be received and the month(s) and year(s) that it expects the float -
funded activity to generate such program income.
(iii) An "urgent needs" activity (one that is expected to qualify under §570.208(c) of this title) may be included
only if the jurisdiction identifies the activity in the action plan and certifies that the activity is designed to meet other
community development needs having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community and because other financial resources are not available.
(iv) The plan shall identify the estimated amount of CDBG funds that will be used for activities that benefit
persons of low- and moderate -income. The information about activities shall be in sufficient detail, including location,
to allow citizens to determine the degree to which they are affected.
(2) HOME. (i) For HOME funds, a participating jurisdiction shall describe other forms of investment that are not
described in 24 CFR 92.205(b). HUD's specific written approval to the jurisdiction is required for other forms of
investment, as provided in §92.205(b). Approval of the consolidated plan or action plan under §91.500 or the failure to
disapprove the consolidated plan or action plan does not satisfy the requirement for specific HUD approval for other
forms of investment.
(ii) If the participating jurisdiction intends to use HOME funds for homebuyers, it must set forth the guidelines for
resale or recapture, and obtain HUD's specific, written approval, as required in 24 CFR 92.254. Approval of the
consolidated plan or action plan under §91.500 or the failure to disapprove the consolidated plan or action does not
satisfy the requirement for specific HUD approval for resale or recapture guidelines.
(iii) If the participating jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily
housing that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 24 CFR
92.206(b). The guidelines shall describe the conditions under which the participating jurisdictions will refinance
existing debt. At minimum, the guidelines must:
(A) Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by
establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing.
(B) Require a review of management practices to demonstrate that disinvestment in the property has not
occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population
over an extended affordability period can be demonstrated.
(C) State whether the new investment is being made to maintain current affordable units, create additional
affordable units, or both.
(D) Specify the required period of affordability, whether it is the minimum 15 years or longer.
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(E) Specify whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic
area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(g) or a
federally designated Empowerment Zone or Enterprise Community.
(F) State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal
program, including CDBG.
(iv) If the participating jurisdiction intends to use HOME funds for homebuyer assistance or for rehabilitation of
owner -occupied single family housing and does not use the HOME affordable homeownership limits for the area
provided by HUD, it must determine 95 percent of the median area purchase price and set forth the information in
accordance with 24 CFR 92.254(a)(2)(iii).
(v) The jurisdiction must describe eligible applicants (e.g., categories of eligible applicants), describe its process
for soliciting and funding applications or proposals (e.g., competition, first -come first -serve) and state where detailed
information may be obtained (e.g., application packages are available at the office of the jurisdiction or on the
jurisdiction's Web site).
(vi) The participating jurisdiction may limit the beneficiaries or give preferences to a particular segment of the low-
income population only if described in the action plan.
(A) Any limitation or preference must not violate nondiscrimination requirements in 24 CFR 92.350, and the
participating jurisdiction must not limit or give preferences to students.
(B) A limitation or preference may include, in addition to targeting tenant- based rental assistance to persons
with special needs, as provided in 24 CFR 92.209(c)(2), limiting beneficiaries or giving preferences to such
professions as police officers, teachers, or artists.
(C) The participating jurisdiction must not limit beneficiaries or give a preference to all employees of the
jurisdiction.
(D) The participating jurisdiction may permit rental housing owners to limit tenants or give a preference in
accordance with 24 CFR 92.253(d) only if such limitation or preference is described in the action plan.
(vii) If the participating jurisdiction will receive funding under the American Dream Downpayment Initiative (ADDI)
(see 24 CFR part 92, subpart M), it must include:
(A) A description of the planned use of the ADDI funds;
(B) A plan for conducting targeted outreach to residents and tenants of public and manufactured housing and to
other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to
provide downpayment assistance for such residents, tenants, and families; and
(C) A description of the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake
and maintain homeownership.
(3) HOPIiVA.For HOPWA funds, the jurisdiction must specify one-year goals for the number of households to be
provided housing through the use of HOPWA activities for: short-term rent, mortgage, and utility assistance payments
to prevent homelessness of the individual or family; tenant -based rental assistance; and units provided in housing
facilities that are being developed, leased, or operated with HOPWA funds and shall identify the method of selecting
project sponsors (including providing full access to grassroots faith -based and other community organizations).
(4) ESG. (i) The jurisdiction must include its written standards for providing ESG assistance. The minimum
requirements regarding these standards are set forth in 24 CFR 576.400(e)(1) and (e)(3).
(ii) If the Continuum of Care for the jurisdiction's area has established a centralized or coordinated assessment
system that meets HUD requirements, the jurisdiction must describe that centralized or coordinated assessment
system. The requirements for using a centralized or coordinated assessment system, including the exception for
victim service providers, are set forth under 24 CFR 576.400(d).
(iii) The jurisdiction must identify its process for making subawards and a description of how the jurisdiction
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intends to make its allocation available to private nonprofit organizations (including community and faith -based
organizations), and in the case of urban counties, funding to participating units of local government.
(iv) If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the
jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in
considering and making policies and decisions regarding any facilities or services that receive funding under ESG.
(v) The jurisdiction must describe the performance standards for evaluating ESG activities.
(vi) The jurisdiction must describe its consultation with each Continuum of Care that serves the jurisdiction in
determining how to allocate ESG funds each program year; developing the performance standards for, and evaluating
the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for
the administration and operation of the HMIS.
[71 FR 6965, Feb. 9, 2006, as amended at 76 FR 75970, Dec. 5, 2011; 78 FR 44663, July 24, 2013]
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