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HomeMy WebLinkAboutBack-Up from Law DeptAUTHENTICATED US. GOVERNMENT INFORMATION CPf) § 91.220 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 consoli- dated plan must provide a concise sum- mary of the jurisdiction's goals, pro- grams, and policies for reducing the number of poverty -level families and how the jurisdiction's goals, programs, and policies for producing and pre- serving affordable housing, set forth in the housing component of the consoli- dated plan, will be coordinated with other programs and services for which the jurisdiction is responsible and the extent to which they will reduce (or as- sist in reducing) the number of pov- erty -level families, taking into consid- eration factors over which the jurisdic- tion has control. These policies may in- clude the jurisdiction's policies for pro- viding employment and training oppor- tunities to section 3 residents pursuant to 24 CFR part 135, (k) Institutional structure. The con- solidated plan must provide a concise summary of the institutional struc- ture, including' private industry; non- profit organizations; community and faith -based organizations; philan- thropic organizations; the Continuum of Care; and public institutions, depart- ments 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 sys- tem; 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. (1) Coordination. The consolidated plan must provide a concise summary of the jurisdiction's activities to en- hance coordination among the Con- tinuum of Care, public and assisted housing providers, and private and gov- ernmental health, mental health, and service agencies. The summary must address the jurisdiction's efforts to co- ordinate housing assistance and serv- ices for homeless persons (especially 24 CFR Subtitle A (4-1-12 Edition) chronically homeless individuals and families, families with children, vet- erans and their families, and unaccom- panied youth) and persons who were re- cently homeless but now live in perma- nent housing. With respect to the pub- lic entities involved, the plan must de- scribe the means of cooperation and co- ordination among the State and any units of general local government in the metropolitan area in the imple- mentation 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] § 91.220 Action plan. The action plan must include the fol- lowing: (a) Standard Form 424; (b) A concise executive summary that includes the objectives and out- comes identified in the plan as well as an evaluation of past performance, a summary of the citizen participation and consultation process (including ef- forts to broaden public participation) (24 CFR 91.200 (b)), a summary of com- ments or views, and a summary of com- ments or views not accepted and the reasons therefore (24 CFR 91.105 (b)(5)). (c) Resources and objectives—(1) Fed- eral 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 ob- jectives identified in the strategic plan. (2) Other resources. The consolidated plan must indicate resources from pri- vate and state and local sources that are reasonably expected to be made available to address the needs identi- fied in the plan. The plan must explain how federal funds will leverage those 532 Office of the Secretary, HUD additional resources, including a de- scription of how matching require- ments of the HUD programs will be sat- isfied, Where the jurisdiction deems it appropriate, the jurisdiction may indi- cate publicly owned land or property located within the jurisdiction that may be used to address the needs iden- tified in the plan; (3) Annual objectives. The consoli- dated plan must contain a summary of the annual objectives the jurisdiction expects to achieve during the forth- coming program year. (d) Activities to be undertaken. The ac- tion plan must provide a description of the activities the jurisdiction will un- dertake during the next year to address priority needs and objectives. This de- scription of activities Shall estimate the number and type of families that will benefit from the proposed activi- ties, 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 jurisdic- tion expects to receive during the pro- gram year, proposed accomplishments, and a target date for completion of the activity. This information is to be pre- sented 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 address- ing underserved needs; (e) Outcome measures. Each jurisdic- tion must provide outcome measures for activities included in its action plan in accordance with guidance to be issued by HUD. (f) Geographic distribution. A descrip- tion of the geographic areas of the ju- risdiction (including areas of low-in- come and minority concentration) in which it will direct assistance during the ensuing program year, giving the rationale for the priorities for allo- cating investment geographically. When appropriate, jurisdictions should estimate the- percentage of funds they plan to dedicate to target areas. (g) Affordable housing. The jurisdic- tion must specify one-year goals for the number of homeless, non -homeless, and special -needs households to be pro- vided affordable housing using funds made available to the jurisdiction and one-year goals for the number of house- § 91.220 holds to be provided affordable housing through activities that provide rental assistance, production of new units, re- habilitation of existing units, or acqui- sition of existing units using funds made available to the jurisdiction. The term affordable housing shall be as de- fined in 24 CFR 92.252 for rental hous- ing and 24 CFR 92.254 for homeowner- ship, (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 manage- ment and participate in homeowner- ship. If the public housing agency is designated as "troubled" by HUD under part 902 of this title, the jurisdic- tion must describe the manner in which it will provide financial or other assistance to improve its operations and remove the "troubled" designa- tion. (i) Homeless and other special needs ac- tivities. (1) The jurisdiction must de- scribe its one-year goals and specific actions steps for reducing and ending homelessness through: (i) Reaching out to homeless persons (especially unsheltered persons) and as- sessing their individual needs; (ii) Addressing the emergency shelter and transitional housing needs of homeless persons; and (iii) Helping homeless persons (espe- cially chronically homeless individuals and families, families with children, veterans and their families, and unac- companied 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 be- coming homeless again; and (iv) Helping low-income individuals and families avoid becoming homeless, especially extremely low-income indi- viduals 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 correc- tions programs and institutions; or 533 § 91.220 (B) Receiving assistance from public and private agencies that address hous- ing, health, social services, employ- ment, 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. Ac- tions it plans to take during the next year to remove or ameliorate the nega- tive effects of public policies that serve as barriers to affordable housing, Such policies, procedures and processes in- clude, 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 resi- dential 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 insti- tutional structure, and enhance coordi- nation between public and private housing and social service agencies (see §91.215 (a), (b), (i), (j), (k), and (1)). (1) 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 re- ceived before the start of the next pro- gram 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 avail- able 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 24 CFR Subtitle A (4-1-12 Edition) specific objectives identified in its strategic plan; (C) Surplus from urban renewal set- tlements; (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 re- ceived in a future program year. To as- sure 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 in- cluded only if the jurisdiction identi- fies the activity in the action plan and certifies that the activity is designed to meet other community development needs having a particular urgency be- cause existing conditions pose a serious and immediate threat to the health or welfare of the community and because other financial resources are not avail- able. (iv) The plan shall identify the esti- mated amount of CDBG funds that will be used for activities that benefit per- sons 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 par- ticipating jurisdiction shall describe other forms of investment that are not described in §92.205(b). (ii) If the participating jurisdiction intends to use HOME funds for home- buyers, it must state the guidelines for resale or recapture, as required in § 92,254, (iii) If the participating jurisdiction intends to use HOME funds to refi- nance existing debt secured by multi- family housing that is being rehabili- tated with HOME funds, it must state its refinancing guidelines required under 24 CFR 92.206(b). The guidelines 534 Office of the Secretary, HUD shall describe the conditions under which the participating jurisdictions will refinance existing debt. At min- imum, the guidelines must: (A) Demonstrate that rehabilitation is the primary eligible activity and en- sure that this requirement is met by establishing a minimum level of reha- bilitation per unit or a required ratio between rehabilitation and refi- nancing. (B) Require a review of management practices to demonstrate that dis- investment in the property has not oc- curred; that the long-term needs of the project can be met; and that the feasi- bility of serving the targeted popu- lation over an extended affordability period can be demonstrated, (C) State whether the new invest- ment is being made to maintain cur- rent affordable units, create additional affordable units, or both. (D) Specify the required period of af- fordability, whether it is the minimum 15 years or longer. (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 strat- egy under 24 CFR 91.215(g) or a feder- ally designated Empowerment Zone or Enterprise Community. (F) State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal pro- gram, including CDBG, (iv) If the participating jurisdiction will receive funding under the Amer- ican 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 fami- lies receiving ADDI funds to undertake and maintain homeownership. § 91.220 (3) HOPWA. 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 pay- ments to prevent homelessness of the individual or family; tenant -based rental assistance; and units provided in housing facilities that are being devel- oped, 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 orga- nizations). (4) ESG. (i) The jurisdiction must in- clude its written standards for pro- viding ESG assistance. The minimum requirements regarding these stand- ards 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 in- tends to make its allocation available to private nonprofit organizations (in- cluding community and faith -based or- ganizations), 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 re- quirement in 24 CFR 576.405(a), the ju- risdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individ- uals 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 535 § 91.225 each program year; developing the per- formance 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] § 91.225 Certifications. (a) General. The following certifi- cations, satisfactory to HUD, must be included in the annual submission to HUD. (See definition of "certification" in §91.5.) (1) Affirmatively furthering fair hous- ing. Each jurisdiction is required to submit a certification that it will af- firmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take ap- propriate actions to overcome the ef- fects of any impediments identified through that analysis, and maintain records reflecting the analysis and ac- tions" in this regard. (2) Anti -displacement and relocation plan. Each jurisdiction is required to submit a certification that it has in ef- fect and is following a residential antidisplacement and relocation assist- ance plan in connection with any activ- ity assisted with funding under the CDBG or HOME programs. (3) Anti -lobbying. The jurisdiction must submit a certification with re- gard to compliance with restrictions on lobbying required by 24 CFR part 87, together with disclosure forms, if re- quired by that part. (4) Authority of jurisdiction. The juris- diction must submit a certification that the consolidated plan is author- ized under State and local law (as ap- plicable) and that the jurisdiction pos- sesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations, (5) Consistency with plan. The juris- diction must submit a certification that the housing activities to be under- taken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Where the HOPWA funds are to be received by a city that is the most populous unit of general 24 CFR Subtitle A (4-1-12 Edition) local government in an EMSA, it must obtain and keep on file certifications of consistency from the authorized public officials for each other locality in the EMSA in which housing assistance is provided, (6) Acquisition and relocation. The ju- risdiction must submit a certification that it will comply with the acquisi- tion and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24. (7) Section 3. The jurisdiction must submit a certification that it will com- ply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regu- lations at 24 CFR part 135. (b) Community Development Block Grant program.. For jurisdictions that seek funding under CDBG, the fol- lowing certifications are required: (1) Citizen participation. Each jurisdic- tion must certify that it is in full com- pliance and following a detailed citizen participation plan that satisfies the re- quirements of § 91.105. (2) Community development plan. A certification that this consolidated housing and community development plan identifies community develop- ment and housing needs and specifies both short-term and long-term commu- nity development objectives that have been developed in accordance with the primary objective of the statute au- thorizing the CDBG program, as de- scribed in 24 CFR 570.2, and require- ments of this part and 24 CFR part 570. (3) Following a plan. A certification that the jurisdiction is following a cur- rent consolidated plan (or Comprehen- sive Housing Affordability Strategy) that has been approved by HUD. (4) Use of funds. A certification that the jurisdiction has complied with the following criteria: (i) With respect to activities expected to be assisted with CDBG funds, the Action Plan has been developed so as to give the maximum feasible priority to activities that will benefit low- and moderate -income families or aid in the prevention or elimination of slums or blight. The plan may also include 536