HomeMy WebLinkAbout02.B- City Manager 2.B
DOC ID: 3667 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Report/Information
From: Allen Parker M/CC Meeting Date: 01/15/2015
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Manager Ward(s): All
Subject:
Discussion of the 2015-2020 Consolidated Plan Process (#3667)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Receive and file.
Staff will discuss the 2015-2010 Consolidated Plan Process using the following outline
of topics:
a. Purpose of Consolidated Plan (Exhibit B, Page 3)
b. Submission Dates (Exhibit B, Page 17)
c. Citizen Participation Requirements (Exhibit B, Pages 19,22)
d. Contents of Consolidated Plan (Exhibit B, Page 37)
i. Executive Summary
ii.Housing and Homeless Needs
iii. Housing Market Analysis
iv. Strategic Plan
V. Action Plan
vi. Certifications
vii. Monitoring
Supporting Documents:
Title 24 Part 91 Exhibit B (PDF)
Updated: 1/12/2015 by Georgeann "Gigi" Hanna A Packet Pg. 102
Title 24-Housing and Urban Development
PART 91-CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
Subpart A—General
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911 Purpose. a.
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91.2 Applicability. a.
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91.5 Definitions.
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9 1.10 Consolidated program year. o
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91.15 Submission date. o
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91.20 Exceptions. o
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Subpart B—Citizen Participation and Consultation
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91.100 Consultation;local governments. 0
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91.105 Citizen participation plan;local governments. N
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91.110 Consultation; states.
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91.115 Citizen participation plan; States.
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Subpart C—Local Governments; Contents of Consolidated Plan
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91.200 General
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91.205 Housing and homeless needs assessment. a
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91.210 Housing market analysis. 01
91.215 Strategic plan. j
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91.220 Action plan.
91.225 Certifications. a
91.230 Monitoring.
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91.235 Special case; abbreviated consolidated plan.
91.236 Special case;District of Columbia.
Subpart D—State Governments; Contents of Consolidated Plan
91.300 General. m
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91.305 Housing and homeless needs assessment. a.
91.310 Housing market analysis. a
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91.315 Strategic plan.
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91.320 Action plan. v
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91.325 Certifications. o
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91.330 Monitoring. N
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Subpart E -Consortia; Contents of Consolidated Plan
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91.400 Applicability.
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91.401 Citizen participation plan. y
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91.402 Consolidated program year.
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91.405 Housing and homeless needs assessment.
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91.410 Housing market analysis. 2
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91.415 Strategic plan.
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91.420 Action plan. a
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91.425 Certifications.
91.430 Monitoring. _
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Subpart F—Other General Requirements
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91.500 HUD approval action. a
91.505 Amendments to the consolidated plan.
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91,510 Consistency determinations.
91.515 Funding determinations by HUD.
91.520 Performance reports.
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91.525 Performance review by HUD.
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91.600 Waiver authority. c
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Subpart A—General
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§91.1 Purpose. v
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(a) Overall goals. N
1 The overall goal of the community planning and develo ment programs covered b this N
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part is to develop viable urban communities by providing decent housing and a suitable Irving ,
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environment and expanding economic opportunities principally for low-and moderate-income .0
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persons.The primary means towards this end is to extend and strengthen partnerships among all
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levels of government and the private sector,including for-profit and non-profit organizations,in
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the production and operation of affordable housing, m
(i)Decent housing includes assisting homeless persons to obtain appropriate housing and 2
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assisting persons at risk of becoming homeless;retention of the affordable housing stock;and
increasing the availability of permanent housing in standard condition and affordable cost to a
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low-income and moderate-income families,particularly to members of disadvantaged minorities,
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without discrimination on the basis of race,color,religion,sex,national origin,familial status,or
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disability.Decent housing also includes increasing the supply of supportive housing,which 0
combines structural features and services needed to enable persons with special needs,including
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persons with HIV/AIDS and their families,to live with dignity and independence;and providing
housing affordable to low-income persons accessible to job opportunities.
(ii)A suitable living environment includes improving the safety and livability of
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neighborhoods;increasing access to quality public and private facilities and services;reducing
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the isolation of income groups within a community or geographical area through the spatial a.
deconcentration of housing opportunities for persons of lower income and the revitalization of a
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deteriorating or deteriorated neighborhoods;restoring and preserving properties of special
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historic,architectural,or aesthetic value;and conservation of energy resources. 0
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(iii)Expanded economic opportunities includes job creation and retention;establishment, N
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stabilization and expansion of small businesses(including microbusinesses);the provision of N
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public services concerned with employment;the provision of jobs involved in carrying out ,
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activities under programs covered by this plan to low-income persons living in areas affected by g
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those programs and activities; availability of mortgage financing for low-income persons at y
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reasonable rates using nondiscriminatory lending practices;access to capital and credit for
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development activities that promote the long-term economic and social viability of the CO
community; and empowerment and self-sufficiency opportunities for low-income persons to
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reduce generational poverty in federally assisted and public housing.
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(2)The consolidated submission described in this part 91 requires the jurisdiction to state in a
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one document its plan to pursue these goals for all the community planning and development —�'
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programs,as well as for housing programs.It is these goals against which the plan and the a
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jurisdiction's performance under the plan will be evaluated by HUD.
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(b)Functions of plan.The consolidated plan serves the following functions:
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(1)A planning document jurisdiction,for the which builds on a participatory process among
citizens,organizations,businesses,and other stakeholders;
(2)A submission for federal funds under HUD's formula grant programs for jurisdictions;
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(3)A strategy to be followed in carrying out HUD programs; and(4)A management tool for CD
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assessing performance and tracking results. a
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§91.2 Applicability. o
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(a)The following formula grant programs are covered by the consolidated plan: v
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(1)The Community Development Block Grant(CDBG)programs (see 24 CFR part 570, N
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subparts D and 1); `"
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(2)The Emergency Solutions Grants(ESG)program(see 24 CFR part 5761;�!��e'ge � o
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Shelter Gmnts(Egg)program (seer 24
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(3)The HOME Investment Partnerships(HOME)program(see 24 CFR part 92); and o
(4)The Housing Opportunities for Persons With AIDS(HOPWA)program(see 24 CFR
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part 574). 0°
(b)The following programs require either that the jurisdiction receiving funds directly from w
T11 HUD have a consolidated plan that is approved by HUD or that the application for HUD funds
contain a certification that the application is consistent with a HUD-approved consolidated plan: I
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(1)The HOPE I Public Housing Homeownership(HOPE 1)program(see 24 CFR Subtitle
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A,Appendix A);
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(2)The HOPE II Homeownership of Multifamily Units(HOPE Il)program(see 24 CFR c
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Subtitle A,Appendix B);
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(3)The HOPE III Homeownership of Single Family Homes(HOPE 111)program(see 24
CFR part 572);
(4)The Low-Income Housing Preservation(prepayment avoidance incentives)program,
when administered by a State agency(see 24 CFR 248.177); M
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(5)The Supportive Housing for the Elderly(Section 202)program(see 24 CFR part 889); n.
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(6)The Supportive Housing for Persons with Disabilities program(see 24 CFR part 890); a
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(7)The Supportive Housing program(see 24 CFR part 583);
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(8)The Single Room Occupancy Housing(SRO)program(see 24 CFR part 882,subpart H);
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(9)The Shelter Plus Care program(see 24 CFR part 5 82); N
(10)The Community Development Block Grant program—Sinall Cities(see 24 CFR part N
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570,subpart F); o
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(11)HOME program reallocations; °-
(12)Revitalization of Severely Distressed Public Housing(section 24 of the United States N
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Housing Act of 1937,(42 U.S.C. 1437 et seq.));
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(13)Hope for Youth:Youthbuild(see 24 CFR part 585); m
(14)The John Heinz Neighborhood Develo p ment program see 24 CFR part 594); :2
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(15)The"Lead-Based Paint Hazard Reduction Program(see 42 U.S.C.4852(o));" rn
(16)Grants for Regulatory Barrier Removal Strategies and Implementation(section 1204, n
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Housing and Community Development Act of 1992(42 U.S.C. 12705c));and
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(17)Competitive grants under the Housing Opportunities for Persons With AIDS (HOPWA)
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program(see 24 CFR part 574). o
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(c)Other programs do not require consistency with an approved consolidated plan.
However,HUD funding allocations for the Section 8 Certificate and Voucher Programs are to be
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made in a way that enables participating jurisdictions to carry out their consolidated plans.(d)
The Public Housing Agency Plan submission(PHA Plan) (see 24 CFR part 903)includes a
certification by the appropriate state or local official that the PHA Plan is consistent with the
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applicable consolidated plan for the jurisdiction in which the public housing agency is located
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and must describe the manner in which the applicable contents of the PHA Plan are consistent -
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with the consolidated plan.
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§91.5 Definitions. v
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At risk of homelessness (1)An individual or family who: N
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(i)Has an annual income below 30 percent of median family income for the area,as N
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determined by HUD; o
(ii)Does not have sufficient resources or support networks e family,friends faith-based N
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or other social networks immediately available to prevent them from moving to an-emergency o
shelter or another place described in paragraph(1) of the"homeless"definition in this section;
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(iii)Meets one of the following conditions: x
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A Has moved because of economic reasons two or more times during the 60 da s
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immediately precedina the application for homelessness prevention assistance,
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(B)Is living in the home of another because of economic hardship,
(C)Has been notified in writing that their right to occupy their current housing or living E
situation will be terminated within 21 days after the date of application for assistance,
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(D)Lives in a hotel or motel and the cost of the hotel or motel stay is not paid
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by charitable organizations or by federal State or local government pro grams for low-
income individuals;
Lives in a single-room occupancy.or efficiency apartment unit in which there reside
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more than two persons or lives in a larger housing trait in which there reside more than 1.5 c
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people per room,as defined by the U.S. Census Bureau;_
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(F)Is exiting a publicly funded institution or system of care(such as a health-care facilit a
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mental health facility,foster care or other youth facility or correction program or institution);or o
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G Otherwise lives in housin that has characteristics associated with instabiiit and an °
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increased risk of homelessness as identified in the recipient's approved consolidated pla n N
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(2)A child of youth who does not qualify as "homeless"under this section, but qualifies as N
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"homeless"under section 387(3)of the RunawU and Homeless Youth Act(42 U.S.C. 5732a(3)), o
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section 637{11)of the Head Start Act 42 U.S.0 9832(11)) section 41403(6)of the Violence N
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Against Women Act of 1994(42 U.S.C. 14043e-2(6)),section 330(h)(5)(A)of the Public Health o
Service Act{42 U S C 254b(h){5){A)) section 3(m)of the Food and Nutrition Act of 2008 (7
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U.S.C.2012(m)-)-,or section 17 b 15 of the Child Nutrition Act of 1966 42 U.S.C. CO
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1786(b)(15)); or x
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(3)A child or youth who does not qualify as "homeless"under this section,but qualifies as
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"homeless"under section 725(2)of the McKinne --Vento Homeless Assistance Act(42 U.S.C.
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11434a 2 and the parent(s)or guardian(s)of that child or youth if living with her or him.
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The terms Elderly person and HUD are defined in 24 CFR part 5.
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Certification. A written assertion,based on supporting evidence,that must be kept available .2
for inspection by HUD,by the Inspector General of HUD, and by the public.The assertion shall
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be deemed to be accurate unless HUD determines otherwise,after inspecting the evidence and
providing due notice and opportunity for comment.
Chronically homeless (1)An individual who:
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i 1s homeless and lives in a place not meant for human habitation a safe haven or in an
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emergency shelter;and
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(ii)Has been homeless and living or residing in a place not meant for human habitation,a
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safe haven or in an emergency shelter continuously for at least one ygar or on at least four •o
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separate occasions in the last 3 years where each homeless occasion was at least 15 days; and o
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(iii)Can be diagnosed with one or more of the following conditions: substance use disorder, N
serious mental illness developmental disability(as defined in section 102 of the Developmental N
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Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002)) post-traumatic stress o
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disorder, cognitive impairments resulting from brain injury,or chronic physical illness or N
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disability; N
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(2)An individual who has been residing in an institutional care facility,including a jail,
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substance abuse or mental health treatment facility,hospital,or other similar facility,for fewer m
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than 90 days and met all of the criteria in paragraph (1)before entering that facilit • or x
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(3)A family with an adult head of household(or if there is no adult in the family, a minor rn
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head of household)who meets all of the criteria in paragraph_ l including a family whose IL
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composition has fluctuated while the head of household has been homeless.
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Consolidated plan or("the plan"),The document that is submitted to HUD that serves as the
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comprehensive housing affordability strategy,community development plan,and submissions o
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for funding under any of the Community Planning and Development formula grant programs r-
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CDBG,ESG,HOME, and HOPWA),that is prepared in accordance with the process
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described in this part. o
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Consortiwn. An organization of geographically contiguous units of general local v
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government that are acting as a single unit of general local government for purposes of the N
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HOME program(see 24 CFR part 92). N
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Continuum of Cane The group composed of representatives of relevant organizations which o
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generally includes nonprofit homeless providers victim service providers faith-based N
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organizations, overnments businesses advocates public housing agencies, school districts o
social service providers mental health agencies,hospitals universities,affordable housing
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developers law enforcement organizations that serve homeless and formerly homeless veterans, CO
and homeless and formerly homeless persons that are organized to plan for and provide,as x
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necessary,a system of outreach cn a ement and assessment-,emergency shelter-, rapid.re-
housiniz,•transitional housing,.permanent housing,• and revention strategies to address the
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various needs of homeless persons and persons at risk of homelessness for a specific geographic Y
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Cost burden. The extent to which gross housing costs,including utility costs,exceed 30 v
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percent of gross income,based on data available from the U.S.Census Bureau.
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diagnosable substanee use disorder-,serious mental illness, develepmental disability,Or Ghr-MiO
disabling eendition limits an ifidividual
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EineMencv shelter Any facility,the primary puMose of which is to provide a temporau
shelter for the homeless in general or for specific populations of the homeless,and which does
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not require occupants to sign leases or occupancy agreements. °
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purpose-ef whieh is-te provide temper"y shelter for the hemeless in general or-for spe
populations of the homeless.
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Extremely low-income family.Family whose income is between 0 and 30 percent of the y
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median income for the area,as determined by HUD with adjustments for smaller and larger N
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families,except that HUD may establish income ceilings higher or lower than 30 percent of the
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median for the area on the basis of HUD's findings that such variations are necessary because of m
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prevailing levels of construction costs or fair market rents,or unusually high or low family x
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incomes.
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Homeless (1)An individual or family who lacks a fixed regular,and adequate nighttime
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residence,meaning:
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(i)An individual of family with a primary nighttime residence that is a public or private
place not desi ned for or ordinarily used as a regular sleepinp,accommodation for human beings,
including a car, ark abandoned buildin bus or train station air ott or camping round•
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(ii)An individual oLfamily living in a supervised publicly or privately operated shelter o
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designated to provide temporary living arrangements (including con •e ate shelters transitional
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housing and hotels and motels said for by charitable organizations or by federal state,or local
government programs for low-income individuals);or o
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iii An individual who is exitin an institution where he or she resided for 90 da s or less U
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and who resided in an emergency shelter or place not meant for human habitation immediately N
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before entering;that institution; N
An individual individual or family who will imminently.lose their primate nighttime residence, o
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provided that: N
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(i)The primary nighttime residence will be lost within 14 days of the date of application for N
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homeless assistance;
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(ii)No subs e uent residence has been identified• and m
viii)The individual or family lacks the resources or support networks e.g.,famil friends x
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faith-based or other social networks needed to obtain other ermanent housin .
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(3)Unaccompanied youth under 25 years of age,or families with children and youth,Nvho It
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do not otherwise qualify as s homeless under this definition,but who:
(il Are defined as homeless under section 387 of the Runaway.and Homeless Youth Act(42
U.S.C. 5732x),section 637of the Head Start Act(42 U.S.C. 9832) section 41403 of the Violence
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Against Women Act of 1994 42 U.S.C. 14043e-2 section 330(h)of the Public Health Service
Act(42 U.S.C.254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.2012),
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section 17(b)of the Child Nutrition Act of 1966 (42 U S C 1786(b)) or section 725 of the
McKinney Vento Homeless Assistance Act(42 U.S.C. 11434a),
(ii)Have not had a lease ownership interest,or occupancy agreement in permanent housing
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at any time during the 60 days immediatelypreceding the date of application for homeless 0
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(iii)•_Have experienced persistent instability as measured by two moves or more during the �
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60 day period immediately preceding the date of applying for homeless assistance; and o
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(iv)Can be expected to continue in such status for an extended..period of time because of 0
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Nchronic disabilities chronic physical health or mental health conditions substance addiction,
histories of domestic violence or childhood abuse(including the presence of a child or N
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youth with a disability,or two or more barriers to employment which include the lack of a high o
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school degree or General Education Development(GED) illiteracy,low English proficiency, a .0
history of incarceration or detention for criminal activity,and a history of unstable employment; o
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�4)Any individual or family who: m
(i)Is fleeing,or is attempting to flee domestic violence,dating violence,sexual_assault, x
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stalking, or other dangerous or life threatening_conditions that relate to violence against the a�
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individual or a family member,including a child that has either taken place within the a
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individual's or family's primary nighttime residence or has made the individual or family afraid F
to return to their primary nighttime residence-,
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(ii)Has no other residence, and
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(iii)Lacks the resources or support networks e.g. family,friends faith-based or other social
networks to obtain other permanent housing.
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elder) or an adult v4theldt children,whe is homeless(not impAsened_ff otherwise detained
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Homeless Ma»a�enient Inforrnatio»System (HMIS) The information system designated by
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the Continuum of Care to comply with HUD's data collection management and reporting
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standards and used to collect client level data and data on the provision of housing and services a.
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to homeless individuals and families and persons at risk of homelessness.
Jurisdiction. A State or unit of general local government.
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Large family. Family of five or more persons.
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Lead based paint hazards means lead-based paint hazards as defined in part 35, subpart B of
this title.
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Low-income families. Low-income families whose incomes do not exceed 50 percent of the
median family income for the area,as determined by HUD with adjustments for smaller and
larger families,except that HUD may establish income ceilings higher or lower than 50 percent
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of the median for the area on the basis of HUD's findings that such variations are necessary
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because of prevailing levels of construction costs or fair market rents,or unusually high or low =
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family incomes.
Middle-income family. Family whose income is behvicen 80 percent and 95 percent of the
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median income for the area, as determined by HUD,with adjustments for smaller and larger 0
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families,except that HUD may establish income ceilings higher or lower than 95 percent of the N
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median for the area on the basis of HUD's findings that such variations are necessary because of N
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prevailing levels of construction costs or fair market rents,or unusually high or low family c
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incomes.(This corresponds to the term"moderate income family"under the CHAS statute,42 N
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U.S.C. 12705.) o
Moderate-income family. Family whose income does not exceed 80 percent of the median
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income for the area,as determined by HUD with adjustments for smaller and larger families, m
except that HUD may establish income ceilings higher or lower than 80 percent of the median X
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for the area on the basis of HUD's findings that such variations are necessary because of M
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prevailing levels of construction costs or fair market rents,or unusually high or low family °-
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incomes.
Overcrowding. For purposes of describing relative housing needs,a housing unit containing d
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more than one person per room,as defined by the U.S. Census Bureau,for which data are made
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available by the Census Bureau. (See 24 CFR 791.402(b).)
Person with a disability. A person who is determined to:
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(1)Have a physical,mental or emotional impairment that;
(i)Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live independently;and
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(iii)Is of such a nature that the ability could be improved by more suitable housing
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conditions;or =
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(2)Have a developmental disability,as defined in section 102(7)of the Developmental
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Disabilities Assistance and Bill of Rights Act(42 U.S.C. 6001-6007);or o
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(3)Be the surviving member or members of any family that had been living in an assisted c0
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unit with the deceased member of the family who had a disability at the time of his or her death. N
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Poverty level family. Family with an income below the poverty line, as defined by the Office N
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of Management and Budget and revised annually. o
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Rapid re housing assistance The provision of housing relocation and stabilization services y
and short-and/or medium-term rental assistance as necessary to help a homeless individual or o
family move as quickly as possible into permanent housing and achieve stability in that housing.
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Severe cost burden. The extent to which gross housing costs,including utility costs,exceed m
50 percent of gross income,based on data available from the U.S. Census Bureau. x
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State.Any State of the United States and the Commonwealth of Puerto Rico. a�
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Transitional housing. A project that is designed to provide housing and appropriate
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supportive services to homeless persons to facilitate movement to independent living within 24
months,or a longer period approved by HUD.For purposes of the HOME program,there is no
HUD-approved time period for moving to independent living.
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Unit of general local government. A city,town,township,county,parish,village,or other
general purpose political subdivision of a State; an urban county;and a consortium of such
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program 24 CFR art
political subdivisions recognized by HUD in accordance with the p g ( p
92) or the CDBG program(24 CFR part 570).
Urban county. See definition in 24 CFR 570.3.
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Victim sejijce, Wdet A private nonprofit organization whose primary mission is_to 0
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provide services to victims of domestic violence dating violence sexual assault or stalking. r-
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This term includes rage crisis centers battered women's shelters,domestic violence transitional d
housing programs and other programs. 0
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§91.10 Consolidated program year. N
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(a)Each of the following programs shall be administered by a jurisdiction on a single N
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consolidated program year, established by the jurisdiction, CDBG,ESG,HOME,and HOPWA. o
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Except as provided in paragraph(b)of this section,the program year shall run for a twelve 3
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month period and begin on the first calendar day of a month. o
(b)Once a program year is established,the jurisdiction may either shorten or lengthen its
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program year to change the beginning date of the following program year,provided that it m
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notifies HUD in writing at least two months before the date the program year would have ended x
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if it had not been lengthened or at least two months before the end of a proposed shortened
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program year. N
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(c)See subpart E of this part for requirements concerning program year for units of general
local government that are part of a consortium.
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§91.15 Submission date.
(a)General.
Packet Pg. 119
(1)In order to facilitate continuity in its program and to provide accountability to citizens,
each jurisdiction should submit its consolidated plan to HUD at least 45 days before the start of
its program year. (But see §92.104 of this subtitle with respect to newly eligible jurisdictions
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under the HOME program.)With the exception of the August 16 date noted in paragraph(a)(2)
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of this section,HUD may grant a jurisdiction an extension of the submission deadline for good C
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cause.
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(2)In no event will HUD accept a submission earlier than November 15 or later than August o
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16 of the federal fiscal year for which the grant funds are appropriated.Failure to receive the v
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plan by August 16 will automatically result in a loss of the CDBG fiends to which the jurisdiction
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would otherwise be entitled.
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(3)A jurisdiction may have a program year that coincides with the federal fiscal year(e.g., o
October 1,2005 through September 30,2006,for federal fiscal year 2006 funds).However,the
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consolidated plan may not be submitted earlier than November 15 of the federal fiscal year and N
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HUD has the period specified in§91.500 to review the consolidated plan. to
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(4)See § 91.20 for HUD field office authorization to grant exceptions to these provisions. Co
(b)Frequency of submission. x
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(1)The summary of the citizen participation and consultation process,the action plan,and
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the certifications must be submitted on an annual basis.
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41
(2)The housing,and homeless needs assessment,market analysis,and strategic plan must
be submitted at least once every five years,or as such time agreed upon by HUD and the E
jurisdiction in order to facilitate orderly program management,coordinate consolidated plans a
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with time periods used for cooperation agreements,other plans,or the availability of data.
Packet Pg. 120
19
(3)A jurisdiction may make amendments that extend the time period covered by their plan if
agreed upon by IUD.
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§91.20 Exceptions.
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a.
The HUD Field Office may grant a jurisdiction an exception from the submission deadline
a.
for plans and reports and from a requirement in the implementation guidelines for good cause,as
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determined by the field office and reported in writing to HUD Headquarters,unless the o
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requirement is required by statute or regulation. 0
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Subpart B—Citizen Participation and Consultation s
§91.100 Consultation; local governments. °
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(a)General. N
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(1)When preparing the consolidated plan,the jurisdiction shall consult with other public o
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and private agencies that provide assisted housing,health services,and social and fair housing
services(including those focusing on services to children,elderly persons,persons with 0°
disabilities,persons with HIV/AIDS and their families,homeless persons)during preparation of w
the consolidated plan.
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(2)When preparing the portions of the consolidated plan describing the jurisdiction's N
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homeless strategy and the resources available to address the needs of homeless persons
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(particularly chronically.homeless individuals and families families with children veterans and E
their families and unaccompanied youth)and persons at risk of homelessness,the jurisdiction a
must consult with:
(i)The Continuum(s) of Care that serve(s)the jurisdiction's geographic area,
Packet Pg. 121
20
(ii) Public and private agencies that address
housing,health social service victim services
employment,or education needs of low-income individuals and families' homeless individuals
and families including homeless veterans;youth; and/or other persons with special needs;
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(iii) Publicly funded institutions and systems of care that may discharge persons into
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homelessness(such as health-care facilities mental health facilities,foster care and other Youth n.
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facilities and corrections programs and institutions);and
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homeless strategy,thejurisdictieft shall eanstilt W h publie and rivate agencies that previde N
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(3)When preparing the portion of its consolidated plan concerning lead-based paint hazards, O-
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the jurisdiction shall consult with state or local health and child welfare agencies and examine N
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existing data related to lead-based paint hazards and poisonings,including health department
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data on the addresses of housing units in which children have been identified as lead poisoned. CO
(4)When preparing the description of priority nonhousing community development needs,a x
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unit of general local government must notify adjacent units of general local government,to the
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extent practicable.The nonhousing community development plan must be submitted to the state, a
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and,if the jurisdiction is a CDBG entitlement grantee other than an urban county,to the county.
(5)The jurisdiction also should consult with adjacent units of general local government,
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including local government agencies with metropolitan-wide planning responsibilities,
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particularly for problems and solutions that go beyond a single jurisdiction.
Packet Pg. 122
21
(b)HOPWA. The largest city in each eligible metropolitan statistical area(EMSA)that is
eligible to receive a HOPWA formula allocation must consult broadly to develop a metropolitan-
wide strategy for addressing the needs of persons with HIVWDS and their families living
throughout the EMSA.All jurisdictions within the EMSA must assist the jurisdiction that is a
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applying 1 i for a HOPWA allocation in the preparation of the HOPWA submission.
(c)Public housing.The jurisdiction shall consult with the local public housing agency
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(PHA)concerning consideration of public housing needs and planned programs and activities. °
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This consultation will help provide a better basis for the certification by the authorized official 0
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that the PHA Plan is consistent with the consolidated plan and the local government's description N
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of the manner in which it will address the needs of public housing and,where necessary,the N
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manner in which it will provide financial or other assistance to a troubled PHA to improve its
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operations and remove such designation.It will also help ensure that activities with regard to °—
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local drug elimination,neighborhood improvement programs,and resident programs and N
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services,funded under a PHA's program and those funded under a program covered by the
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consolidated plan,are fully coordinated to achieve comprehensive community development CO
goals.If a PHA is required to implement remedies under a Section 504 Voluntary Compliance
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Agreement to provide accessible units for persons with disabilities,the local jurisdiction should
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consult with the PHA.and identify actions it may take,if any,to assist the PHA in implementing a
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the required remedies.A local jurisdiction may use CDBG funds for eligible activities or other :
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funds to implement remedies required under a Section 504 Voluntary Compliance Agreement.
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(dl Emergency Solutions Grants (ESG} A jurisdiction that receives an ESG grant must
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consult with the Continuum of Care in determining how to allocate its ESG grant for eligible
activities;in developing the performance standards for and evaluating the outcomes o£projects
(46:
Packet Pg. 123
22
and activities assisted by ESG funds,,and in developing funding,policies and procedures forth
operation and administration of the HMIS.
§91.105 Citizen participation plan; local governments.
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(a)Applicability and adoption of the citizen participation plan.
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(1)The jurisdiction is required to adopt a citizen participation plan that sets forth the _
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jurisdiction's policies and procedures for citizen participation. (Where a jurisdiction,before
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February 6, 1995,adopted a citizen participation plan that complies with section 104(a)(3)of the 0
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Housing and Community Development Act of 1974(42 U.S.C. 5304(A)(3))but will need to N
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amend the citizen participation plan to comply with provisions of this section,the citizen N
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participation plan shall be amended by the first day of the jurisdiction's program year that begins ,
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on or after 180 days following February 6, 1995.) 2
(2) Encoura eft nent_of citizen partic�pation (i)The citizen-participation plan must provide N
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for and encourage citizens to participate in the development of any consolidated plan,any
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substantial amendment to the consolidated plan and the performance report. These requirements m
are designed especially to encourage participation by low-and moderate-income ersons
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particularly those living in slum and blighted areas and in areas where CDBG fiends are proposed
to be used,and by residents of predominantly low-and moderate-income neighborhoods,as a
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defined by the jurisdiction A jurisdiction is also expected to take whatever actions are
qp ropriate to encourage the participation of all its citizens including minorities and non-English
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speaking persons as well as persons with disabilities.
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(ii)The jurisdiction shall encourage the particiRation of local and regional institutions the
Continuum of Care and other organizations(including businesses developers,nonprofit
Packet Pg. 124
NMI23
organizations philanthropic organizations and community-based and faith-based organizations)
in the process of developing and implementing the consolidated plan.
(iii)The jurisdiction shall encourage,in conjunction with consultation with public housing
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agencies the participation of residents of public and assisted housing developments,in the
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process of developing and implementing the consolidated Man,along with other low-income
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residents of targeted revitalization areas in which the developments are located. The
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jurisdictions shall make an effort to provide information to the public housing agency(PHA) •o
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about consolidated plan activities related to its developments and surrounding communities so
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that the PHA can make this information available at the annual public hearing required for the N
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PHA Plan. N
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iv The jurisdiction should ex lore alternative public involvement techniques and o
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(40 quantitative ways to measure efforts that encourage citizen participation in a shared vision for N
change in communities and neighborhoods and the review of program performdnce,e.g.,use of
focus groups and the Internet.
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plan, CD
and the perf6rinaiies report.
44-These Eelquhrements are designed espeeially to eneetirage ptii4isipatian by low
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(3)Citizen comment on the citizen participation plan and amendments. The jurisdiction a�
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must provide citizens with a reasonable opportunity to comment on the original citizen N
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participation plan and on substantial amendments to the citizen participation plan,and must
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make the citizen participation plan public.The citizen participation plan must be in a format
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accessible to persons with disabilities,upon request. w
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(b)Development of the consolidated plan. The citizen participation plan must include the
following minimum requirements for the development of the consolidated plan.
Packet Pg. 126
25
(1)The citizen participation plan must require that,before the jurisdiction adopts a
consolidated plan,the jurisdiction will make available to citizens,public agencies,and other
interested parties information that includes the amount of assistance the jurisdiction expects to
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receive (including grant funds and program income)and the range of activities that may be
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undertaken, including the estimated amount that will benefit persons of low-and moderate- C
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income.The citizen participation plan also must set forth the jurisdiction's plans to minimize
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displacement of persons and to assist any persons displaced,specifying the types and levels of o
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assistance the jurisdiction will make available(or require others to make available)to persons
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displaced,even if the jurisdiction expects no displacement to occur.The citizen participation N
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plan must state when and how the jurisdiction will make this information available. N
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(2)The citizen participation plan must require the jurisdiction to publish the proposed o
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consolidated plan in a manner that affords citizens,public agencies,and other interested parties a N
reasonable opportunity to examine its contents and to submit comments. The citizen participation N
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plan must set forth how the jurisdiction will publish the proposed consolidated plan and give
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reasonable opportunity to examine the contents of the proposed consolidated plan.The m
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requirement for publishing may be met by publishing a summary of the proposed consolidated x
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plan in one or more newspapers of general circulation,and by making copies of the proposed
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consolidated plan available at libraries,government offices, and public places.The summary 14
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must describe the contents and purpose of the consolidated plan,and must include a list of the
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locations where copies of the entire proposed consolidated plan may be examined.In addition, E
the jurisdiction must provide a reasonable number of free copies of the plan to citizens and c
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groups that request it.
Packet Pg. 127
26
(3)The citizen participation plan must provide for at least one public hearing during the
development of the consolidated plan. See paragraph(e) of this section for public hearing
requirements, generally.
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(4)The citizen participation plan must provide a period,not less than 30 days,to receive
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comments from citizens on the consolidated plan.
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(5)The citizen participation plan shall require the jurisdiction to consider any comments or
views of citizens received in writing,or orally at the public hearings, in preparing the final o
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consolidated plan.A summary of these comments or views,and a summary of any comments or U
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views not accepted and the reasons therefor,shall be attached to the final consolidated plan. N
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(c)Amendments—(1)Criteria for amendment to consolidated plan. The citizen participation
plan must specify the criteria the jurisdiction will use for determining what changes in the o
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jurisdiction's planned or actual activities constitute a substantial amendment to the consolidated •y
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plan. (See§ 91.505.)It must include among the criteria for a substantial amendment changes in o
the use of CDBG funds from one eligible activity to another. CO
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(2)The citizen participation plan must provide citizens with reasonable notice and an CO
opportunity to comment on substantial amendments.The citizen participation plan must state x
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how reasonable notice and an opportunity to comment will be given.The citizen participation
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plan must provide a period,not less than 30 days,to receive comments on the substantial a
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amendment before the amendment is implemented.
(3)The citizen participation plan shall require the jurisdiction to consider any comments or W
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views of citizens received in writing,or orally at public hearings,if any,in preparing the w
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substantial amendment of the consolidated plan. A summary of these comments or views,and a
Packet Pg. 128
27
summary of any comments or views not accepted and the reasons therefor, shall
be attached to
the substantial amendment of the consolidated plan.
(d)Performance reports.
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(1)*The citizen participation plan must provide citizens with reasonable notice and an a
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opportunity to comment on performance reports.The citizen participation plan must state how
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reasonable notice and an opportunity to comment will be given.The citizen participation plan
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must provide a period,not less than 15 days,to receive comments on the performance report that
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is to be submitted to HUD before its submission. °
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N(2)The citizen participation plan shall require the jurisdiction to consider any comments or
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views of citizens received in writing,or orally at public hearings in preparing the performance N
f report.A summary of these comments or views shall be attached to the performance report. ,
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(e)Public hearings. N
(1)The citizen participation plan must provide for at least two public hearings per year to
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obtain citizens'views and to respond to proposals and questions,to be conducted at a minimum
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of two different stages of the program year.Together,the hearings must address housing and m
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community development needs,development of proposed activities,and review of program k
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performance.To obtain the views of citizens on housing and community development needs, c,
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including priority nonhousing community development needs,the citizen participation plan must a
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provide that at least one of these hearings is held before the proposed consolidated plan is r
published for comment.
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(2)The citizen participation plan must state how and when adequate advance notice will be
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given to citizens of each hearing,with sufficient information published about the subject of the
hearing to permit informed comment.(Publishing small print notices in the newspaper a few
Packet Pg.129"
days before the hearing does not constitute adequate notice.Although HUD is not specifying the
length of notice required,it would consider two weeks adequate.)
(3)The citizen participation plan must provide that hearings be held at times and locations
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convenient to potential and actual beneficiaries,and with accommodation for persons with c
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disabilities.The citizen participation plan must specify how it will meet these requirements. C
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(4)The citizen participation plan must identify how the needs of non-English speaking
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residents will be met in the case of public hearings where a significant number of non-English c
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speaking residents can be reasonably expected to participate.
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(f)Meetings. The citizen participation plan must provide citizens with reasonable and timely N
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access to local meetings. N
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(g)Availability to the public. The citizen participation plan must provide that the o
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consolidated plan as adopted,substantial amendments,and the performance report will be N
available to the public, including the availability of materials in a form accessible to persons with o
disabilities,upon request.The citizen participation plan must state how these documents will be
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available to the public. CO
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(h)Access to records. The citizen participation plan must require the jurisdiction to provide x
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citizens,public agencies, and other interested parties with reasonable and timely access to
I information and records relating to the jurisdiction's consolidated plan and the jurisdiction's use v
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of assistance under the programs covered by this part during the preceding five years. F
(i) Technical assistance. The citizen participation plan must provide for technical assistance
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to groups representative of persons of low-and moderate-income that request such assistance in v
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developing proposals for funding assistance under any of the programs covered by the
Packet P9.-130
29
consolidated plan,with the level and type of assistance determined by the jurisdiction.The
assistance need not include the provision of funds to the groups.
{j) Complaints. The citizen participation plan shall describe the jurisdiction's appropriate and
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practicable procedures to handle complaints from citizens related to the consolidated plan, o
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amendments, and performance report.At a minimum,the citizen participation plan shall require C
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that the jurisdiction must provide a timely, substantive written response to every written citizen
complaint,within an established period of time(within 15 working days,where practicable, if o
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the jurisdiction is a CDBG giant recipient). v
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(k) Use of citizen participation plan. The jurisdiction must follow its citizen participation N
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plan.
(1)Jurisdiction responsibility. The requirements for citizen participation do not restrict the o
responsibility or authority of the jurisdiction for the development and execution of its N
consolidated plan.(Approved by the Office of Management and Budget under control number a
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2506-0117) M
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4 91.110 Consultation, States.
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(a)When preparing the consolidated plan the State shall consult with other public a)
and .)
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Rrivate agencies that provide assisted housing(including any state housing agency administering N
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public housing),health services and social and fair housing services (including those focusing
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on services to children,elderly persons persons with disabilities,persons with HIV/AIDS and E
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their families and homeless persons)during preparation of the consolidated plan. Q
(b)When preparing the portions of the consolidated plan describing the State's homeless
1
strategy and the resources available to address the needs of homeless persons(particular)
Packet Pg. 131
X17
chronically homeless individuals and families families with children veterans and their families
and unaccompanied y oath and ersons at risk of homelessness the State must consult with:
i Each Continuum of Care within the state•
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2 Public and private agencies that address housin health social services victim services o
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a.
employment,or education needs oflow-income individuals and families of homeless individuals
a.
and families including homeless veterans youth-, and/or of other persons with special needs
3 Publicly funded institutions ands stems of care that may dischar e ersons into 6
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homelessness such as health care facilities mental health facilities foster care and other vouch v
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facilities,and corrections programs and institutions);and N
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O} Business and civic leaders. d
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c When re arin the portion of its consolidated plan concerning lead-based paint hazards o
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the State shall consult with state or local health and child welfare agencies and examine existing y
data related to lead-based paint hazards and poisonings,includiniz health department data on the o
addresses of housing units in which children have been identified as lead-poisoned. CO
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Q When preparing its method of distribution of assistance under the CDBG program,a m
State must consult with local governments in nonentitlement areas of the state. s
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(e)The State must also consult with each Continuum of Care within the state in deter minin a)
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how to allocate its ESG rant for ell ible activities- develo in the erformance standards for N
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and evaluating the outcomes of,projects and activities assisted by ESG funds and developing
funding,policies,and procedures for the o eration and administration of the HMIS. E
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§ 91.110 Go FISHItation-3-States,
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Packet Pg. 132
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housing),health serviees,and seeial and fair-housing sefviees(ineluding these feetising on
to children,elder4y >persons with disabilities,per-sons with 14IV4AIDS and
families and homeless Persons)duning preparation of the eansolidated plan.When preparing4he
pafti6n ef the eensE)Iidated plan describing!he state's homeless strategy,the state shall 06
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with pjibiie and Private ageneies that provide assisted housing,health
to deteFmine what reseumes are available to address the needs of an),persons that are
ohr-anjeaRy herfleless. When Preparing the pOftiOR ef its GOB961--ed Plan reoneeffling lead based
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paint hazards,the state shall eansult with state ar leeal health and-ehild welfar 0
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depai4ment date on addresses of heesing units in w-hieh ehildr-en hm,e been identified as lead 0
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§91.115 Citizen participation plan; States. (0
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(a)Applicability and adoption of the citizen participation plan. CO
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(1)The State is required to adopt a citizen participation plan that sets forth the State's x
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policies and procedures for citizen participation. (Where a State,before March 6, 1995,adopted o>
a citizen participation plan that complies with section 104(a)(3)of the Housing and Community a
N
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Development Act of 1974(42 U.S.C. 5304(A)(3))but will need to amend the citizen
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participation plan to comply with provisions of this section,the citizen participation plan shall be
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amended by the first day of the State's program year that begins on or after 180 days following
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March 6, 1995.)
Packet Pg.133i
(2)Encouragement of citizen participation (i)The citizen participation plan must provide
for and encourage citizens to participate in the development of the consolidated plan,any
substantial amendments to the consolidated plan and the performance report. These
requirements are designed especially to encourage participation by low-and moderate-income
U
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persons particularly.those living in slum and blighted areas and in areas where CDBG funds are a`
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proposed to be used and by residents of predominantly low-and moderate-income a
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neighborhoods A State is also expected to take whatever actions are appropriate to encourage -14a
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the participation of all its citizens including minorities and non-English speaking persons, as o
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well as_persons with disabilities. N
(ii)The State shall encourage the participation of local regional, and statewide institutions N
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Continuums of Care and other organizations(including businesses developers,nonprofit Y
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organizations, philanthropic organizations and community-based and faith-based organizations) o
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that are involved with or affected by the programs or activities covered by the consolidated plan N
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in the process of developing and implementing the consolidated plan. r:
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(iii)The state should explore alternative public involvement techniques that encourage a
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shared vision of change for the community and nd the review of program performance, the use
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of focus groups and the Internet. a,
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amendmefAs to the eanselidated plan,and the per-fermanee report.These r-equiremefAs are
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partietilaAy these liAng in slum and blighted aveas ffnd in areas whefe CD Rinds afe pro
to be used and by residents of predominant!y low and meder-ate ineeme neighberhoods-4 04e
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Packet Pg. 134
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also i i eiEpeeteld4e4ak,&.vA+attver-a-etions are appropriate to eaeourage the participatien Of all 4&
citizens, ineleding per-sons With
disabilities.The state shaj!eneeuFage the pat4ielpatien E)f statewide a 'e-0-41 inStittifi@A
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amendments. The State must provide citizens and units of general local goverment a reasonable o
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opportunity to comment on the original citizen participation plan and on substantial amendments N
to the citizen participation plan,and must make the citizen participation plan public.The citizen o
participation plan must be in a format accessible to persons with disabilities,upon request.
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(b)Development of the consolidated plan. The citizen participation plan must include the CO
following minimum requirements for the development of the consolidated plan. x
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(1)The citizen participation plan must require that,before the State adopts a consolidated
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public agencies,and other interested parties °'
plan,the State will make available to citizens,p g p N
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information that includes the amount of assistance the State expects to receive and the range of
activities that may be undertaken,including the estimated amount that will benefit persons of
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low-and moderate-income and the plans to minimize displacement of persons and to assist any
persons displaced.The citizen participation plan must state when and how the State will make
this information available.
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Packet pg.135
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(2)The citizen participation plan must require the State to publish the proposed consolidated
plan in a manner that affords citizens,units of general Iocal governments,public agencies,and
other interested parties a reasonable opportunity to examine its contents and to submit comments.
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The citizen participation plan must set forth how the State will publish the proposed consolidated
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plan and give reasonable opportunity to examine the contents of the proposed consolidated plan. _
a.
The requirement for publishing may be met by publishing a summary of the proposed
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consolidated plan in one or more newspapers of general circulation, and by making copies of the
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proposed consolidated plan available at libraries,government offices,and public places.The
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summary must describe the contents and purpose of the consolidated plan,and must include a list N
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of the locations where copies of the entire proposed consolidated plan may be examined.In N
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addition,the State must provide a reasonable number of free copies of the plan to citizens and 4-
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groups that request it. y
(3)The citizen participation plan must provide for at least one public hearing on housing and N
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community development needs before the proposed consolidated plan is published for comment.
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(i)The citizen participation plan must state how and when adequate advance notice will be m
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given to citizens of the hearing,with sufficient information published about the subject of the
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hearing to permit informed comment. (Publishing small print notices in the newspaper a few o)
r-
days before the hearing does not constitute adequate notice.Although HUD is not specifying the a
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length of notice required,it would consider two weeks adequate.) r
(ii)The citizen participation plan must provide that the hearing be held at a time and
location convenient to potential and actual beneficiaries,and with accommodation for persons
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with disabilities.The citizen participation plan must specify how it will meet these requirements.
Packet Pg. 136
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(iii)The citizen participation plan must identify how the needs of non-English speaking
residents will be met in the case of a public hearing where a significant number of non-English
speaking residents can be reasonably expected to participate.
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(4)The citizen participation plan must provide a period,not less than 30 days,to receive c
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comments from citizens and units of general local government on the consolidated plan. C
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(5)The citizen participation plan shall require the State to consider any comments or views M
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of citizens and units of general received in writing,or orally at the public hearings, in preparing o
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the final consolidated plan.A summary of these comments or views, and a summary of any v
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comments or views not accepted and the reasons therefore, shall be attached to the final N
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consolidated plan. N
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(c)Amendments—(1)Criteria for amendment to consolidated plan. The citizen participation a
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plan must specify the criteria the State will use for determining what changes in the State's N
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planned or actual activities constitute a substantial amendment to the consolidated plan. (See§ N
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91.505.)It must include among the criteria for a substantial amendment changes in the method of
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distribution of such funds. m
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(2)The citizen participation plan must provide citizens and units of general local X
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government with reasonable notice and an opportunity to comment on substantial amendments.
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will be given.The citizen participation plan must provide a period,not less than 30 days,to
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receive comments on the substantial amendment before the amendment is implemented. d
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(3)The citizen participation plan shall require the State to consider any comments or views
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of citizens and units of general local government received in writing,or orally at public hearings,
if any,in preparing the substantial amendment of the consolidated plan.A summary of these
Packet Pg. 137'
2.B.a
36
comments or views,and a summary of any comments or views not accepted and the reasons
therefore,shall be attached to the substantial amendment of the consolidated plan.
(d)Peiforinance Reports.
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(1)The citizen participation plan must provide citizens with reasonable notice and an o
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opportunity to comment on performance reports.The citizen participation plan must state how
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reasonable notice and an opportunity to comment will be given.The citizen participation plan
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must provide a period,not less than 15 days,to receive comments on the performance report that o
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is to be submitted to HUD before its submission. °
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(2)The citizen participation plan shall require the state to consider any comments or views N
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of citizens received in writing,or orally at public hearings in preparing the performance report.A N
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summary of these comments or views shall be attached to the performance report. o
(e) Citizen participation i equirements for local governments. The citizen participation plan
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must describe the citizen participation requirements for units of general local government o
receiving CDBG funds from the State in 24 CFR 570.486.The citizen participation plan must
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explain how the requirements will be met. m
(fj Availability to the public. The citizen part icipation plan must provide that the X
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consolidated plan as adopted,substantial amendments,and the performance report will be o,
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available to the public,including the availability of materials in a form accessible to persons with
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disabilities,upon request.The citizen participation plan must state how these documents will be
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available to the public. 0)
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(g)Access to records. The citizen participation plan must require the state to provide c
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citizens,public agencies,and other interested parties with reasonable and timely access to
Packet Pg: 138
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information and records relating to the state's consolidated plan and the state's use of assistance
under the programs covered by this part during the preceding five years.
(h) Complaints. The citizen participation plan shall describe the State's appropriate and
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practicable procedures to handle complaints from citizens related to the consolidated plan,
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amendments,and performance report.At a minimum,the citizen participation plan shall require °-
that the State must provide a timely,substantive written response to every written citizen
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complaint,within an established period of time(within 15 working days,where practicable,if 0
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the State is a CDBG grant recipient). 0
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(i) Use of citizen participation plan. The State must follow its citizen participation N
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plan.(Approved by the Office of Management and Budget under control number 2506-0117) N
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Subpart C Local Governments; Contents of Consolidated Plan N
§91.200 General. o
(a)A complete consolidated plan consists of the information required in§91.200 through §
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91.230,submitted in accordance with instructions prescribed by HUD(including tables and m
narratives),or in such other format as jointly agreed upon by HUD and the jurisdiction.A x
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comprehensive housing affordability strategy consists of the information required in§91.200
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through§ 91.215(e), § 91.215(h)through§91.215(1), § 91.220(c), § 91.220(g), §91.225 and § N
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(b) The jurisdiction shall describe:
(1) The lead agency or entity responsible for overseeing the development of the plan and
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the significant aspects of the process by which the consolidated plan was developed;
Packet Pg. 139
38
2 The identity of the a encies, proups.organizations,and others who participated in the
process,and
(3)Ai}risdiction's consultations with:
(i) The Continuum of Care that serves the jurisdiction's geographic area,
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(ii) Public and private agencies that address housing,health,social services,emplavment,or =
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education needs of low-income individuals and families of homeless individuals and families of
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youth and/or of other persons with special needs,
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(iii) Publicly funded institutions and systems of care that may discharge persons into 0
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homelessness(such as health-care facilities mental health facilities foster care and other youth N
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facilities and corrections programs and institutions); °
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(c)In order to facilitate citizen review and comment each year,the plan shall contain a 0)
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concise executive summary that includes the objectives and outcomes identified in the plan as 0.
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well as an evaluation of past performance,The plan shall also include a concise summary of the F
citizen participation process,public comments,and efforts made to broaden public participation
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§91.205 Housing and homeless needs assess►nent.
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(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
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properly conducted local study,or any other reliable source that the jurisdiction clearly
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identifies,and should reflect the consultation with social service agencies and other entities =
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conducted in accordance with §9 1.100 and the citizen participation process conducted in
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accordance with§ 91.105.For a jurisdiction seeking funding on behalf of an eligible o
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metropolitan statistical area under the HOPWA program,the needs described for housing and 0
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supportive services must address the unmet needs of low-income persons with HIV/AIDS and N
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their families throughout the eligible metropolitan statistical area. N
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(b)Categories ofpersons affected. (1)(i) The plan shall estimate the number and type of o
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families in need of housing assistance for: in
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(A)Extremely low-income low-income moderate-income and middle-income families; a
(B)Renters and owners;
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(C)Elderly persons; CO
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(D) Single persons; x
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(E)Large familis•
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(G)Families on the public housing and Section 8 tenant-based waiting list;
(H)Persons with HIV/AIDS and their families;
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(1)Victims of domestic violence dating violence sexual assault,and stalking;
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O Persons with disabilities;and
Packet Pg. 141
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(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 summar of the cost burden
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and severe cost burden,overcrowding especially for large families);and substandard housing CD
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conditions being experienced b extremel low-income low-income moderate-income and
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middle income renters and owners compared to the jurisdiction as a whole The urtsdictlon
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must define in its consolidated plan the terms"standard condition"and "substandard condition o
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but suitable for rehabilitation.") v
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and owners, for elderly persons,fop single persons,for Wge families,f6F p4lie helisin
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(2)For any of the income categories enumerated in paragraph(b)(1)of this section,to the C
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extent that any racial or ethnic group has disproportionately greater need in comparison to the r
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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
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Packet Pg. 142
41
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
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form prescribed by HUD the nature and extent of unsheltered and sheltered homelessness
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including rural homelessness,within the l risdiction At a minimum,the recipient must use data =
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from the Homeless Management Information System(HMIS)and data from the Point-In-Time
(PITS count conducted in accordance with HUD standards. o
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} The description must include for each category of homeless persons specified by HUD
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(including chronically homeless individuals and families families with children veterans and N
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their families and unaccompanied youth) the number of persons experiencing homelessness on N
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a given night,the number of persons who experience homelessness each year,the number of o
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persons who lose their housing and become homeless each year,the number of persons who exit N
homelessness each year,the number of days that persons experience homelessness and other o
measures specified by HUD.
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iii) The plan also must contain a brief narrative description of the nature and extent of m
homelessness by racial and ethnic.group,to the extent information is available. x
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X21 The plan must include a narrative description of the characteristics and needs of low- a�
income individuals and families with children(especially extremely low-income)who are a
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currently housed but threatened with homelessness This information may be evidenced by the
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characteristics and needs of individuals and families with children�vho are currently entering the E
homeless assistance system or appearing for the first time on the streets. The description must a
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also specify particular housing characteristics that have been linked with instability and an
increased risk of homelessness.
Packet Pg. 143
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_(,e)Homeless needg. The plan-must previde a eenoise summary of the nature and e)Aent of
m 11omeiess individuals and homeless families
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(d)Other special needs. (1)The jurisdiction shall estimate,to the extent practicable,the N
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number of persons who are not homeless but require supportive housing, including the elderly, -
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frail elderly,persons with disabilities(mental,physical,developmental),persons with alcohol or N
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other drug addiction,persons with HIV/AIDS and their families,public housing residents,and o
any other categories the jurisdiction may specify,and describe their supportive housing needs.
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(2)With respect to a jurisdiction seeking funding on behalf of an eligible metropolitan Co
statistical area under the HOPWA program,the plan must identify the size and characteristics of x
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the population with HIV/AIDS and their families within the eligible metropolitan statistical area
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it will serve.
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(e)Lead-based paint hazards. The plan must estimate the number of housing units within
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the jurisdiction that are occupied by low-income families or moderate-income families that 0
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contain lead-based paint hazards,as defined in this patL(Approved by the Office of Management
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and Budget under control number 2506-0117)
Packet Pg. 144
2.B.a
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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 W
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disabilities,and to serve other low-income persons with special needs,including persons with C
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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 o
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whether units in these buildings are suitable for rehabilitation.The jurisdiction must also identify 0
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Nand describe any areas within the jurisdiction with concentrations of raciat/ethnic minorities
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and/or low-income families,stating how it defines the terms"area of low-income concentration" N
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and"area of minority concentration"for this purpose.The locations and degree of these o
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concentrations must be identified,either in a narrative or on one or more maps. y
(b)Public and assisted housing. o
(1)The plan must describe and identify the public housing developments and the number of
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public housing units in the jurisdiction,the physical condition of such units,the restoration and CO
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revitalization needs,results from the Section 504 needs assessment(i.e.,assessment of needs of x
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tenants and applicants on waiting list for accessible units,as required by 24 CFR 8.25),and the CD
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public housing agency's strategy for improving the management and operation of such public N
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 0
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in the jurisdictions that are participating in an approved PHA Plan. r
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(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
Packet Pg. 145
44
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
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inventory of facilities housing,and services that meet the needs of homeless persons within the
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jurisdiction at ticulaLly chronically homeless individuals and families families with children °-
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veterans and their families and unaccompanied youth. �
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(l) The inventory of facilities and housing(e.g., emergency shelter,transitional housing, o
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and permanent supportive housing)must be presented in a form specified by HUD.
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2 The inventoi of services must include both services tar eted to homeless persons and N
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mainstream services, such as health mental health and employment services to the extent those N
services are used to complement services targeted to homeless persons. o
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(d)Special need facilities and services. The plan must describe,to the extent information is
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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
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health institutions receive appropriate supportive housing.
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(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
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Packet Pg. 146
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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.(Approved by the
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Office of Management and Budget under control number 2506-0117) Q
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§91.215 Strategic plan. 2
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(a)General, For the categories described in paragraphs(b),(c), (d),(e),and(f)of this a I
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section,the consolidated plan must do the following: v
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(1)Indicate the general priorities for allocating investment geographically within the N
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jurisdiction(or within the EMSA for the HOPWA program)and among different activities and N
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needs,as identified in tables prescribed by HUD. o
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y(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 o
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households; M
(3)Identify any obstacles to meeting underserved needs; Co
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(4) Summarize the priorities and specific objectives the jurisdiction intends to initiate and/or X
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complete during the time period covered by the strategic plan and how funds that are reasonably
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expected to be available will be used to address identified needs.For each specific objective N
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statement,identify proposed accomplishments and outcomes the jurisdiction hopes to achieve in F
quantitative terms over a specified time period(e.g.,one,two,three or more years),or in other a)
measurable terms as identified and defined by the jurisdiction. This information is to be provided .2
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in accordance with guidance to be issued by HUD.
Packet Pg. 147
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2.B.a
46
(b) Affordable housitzg With respect to affordable housing the consolidated plan must
include the priority housing needs table prescribed by HUD and must do the following:
O The affordable housing section shall describe how the characteristics of the housing
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market and the severity of housing problems and needs of extremely low-income, low-income, 4)
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and moderate income renters and owners persons at risk of homelessness,and homeless persons I
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identified in accordance with§91.205 provided the rationale for establishing allocation priorities
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and use of funds made available for rental assistance production of new units rehabilitation of o
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existing units,or acquisition of existing units(including preserving affordable housing units that v
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rnabe lost from the assisted housing inventor for and reason). Household and income types N
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may be grouped together for discussion where the analysis would apply to more than one of c°v
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them. If the^jurisdiction intends to use HOME funds for tenant-based assistance the jurisdiction o
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must specify local market conditions that led to the choice of that option. N
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(2)The affordable housing section shall include specific objectives that describe proposed o
accomplishments,that the jurisdiction hopes to achieve and must specify the number of
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extremely low-income low-income and moderate-income families and homeless persons to CO
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whom the jurisdiction will'provide affordable housing as defined in 24 CFR 92.252 for rental x
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housing and 24 CFR 92.254 for homeownership over a specific time period.
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ti"its(inrjudi Ig presen,in�a43rdable housing 14nits that may be lost ftem the ssisted housing
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HOME funds fef tonant based assistanee, it-must speeify leeal market eonditions glat led to the
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aMfdable he asbig as defined in 24-GFR 92.252 fei:rental housing a Ed-24 GFR-92.254 for homeowners 1 --spee.-fifet] period, O
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(c)Public housing. The consolidated plan must describe the manner in which the plan of the N
jurisdiction will address the needs of public housing,including the need to increase the number o
of accessible units where required by a Section 504 Voluntarily Compliance Agreement.The ;
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consolidated plan must also describe the jurisdiction's activities to encourage public housing CO
residents to become more involved in management and participate in homeownership.if the x
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public housing agency is designated as"troubled"by HUD under 24 CFR part 902,the
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jurisdiction must describe the manner in which it will provide financial or other assistance to Itt
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Iimprove its operations and remove the"troubled"designation.
(d) Homelessness The consolidated plan must include the priority homeless needs table
rescribed by HUD and must describe the jurisdiction's strategy for reducing and ending
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homelessness through:
Packet Pg. 149
2.B.a
48
(1)Reaching out to homeless persons especially unsheltered persons)and assessing their
heir
individual needs;
(2)Addressing the emergency shelter and transitional housing needs of homeless persons;
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(3)Helping homeless,persons(especially chronically homeless individuals and families,
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families with children,veterans and their families and unaccompanied youth)make the
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transition to permanent housing and independent living including shortening the period of time
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individuals and families experience homelessness,facilitating_access for homeless individuals o
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and families to affordable housing units and pr individuals and families who were °
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recently homeless from becoming homeless aggIa and N
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(4)Helping low-income individuals and families avoid becoming homeless,especially N
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extremely low-income individuals and families who are: o
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(i)Likely to become homeless after being discharged from publicly funded institutions and
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systems of care into homelessness such as health-care facilities mental health facilities foster o
care and other youth facilities and corrections programs and institutions)or w
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(ii)Receiving assistance from public and private agencies that address housing,health m
social services employment education or youth needs. x
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(3)Addressing the emeEgeney shelter and tr-ansitienal heusing needs ef homeless persef1s;
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(e)Other special needs. With respect to special needs of the non-homeless,the consolidated
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plan must provide a concise summary of the priority housing and supportive service needs of
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persons who are not homeless but who may or may not require supportive housing(i.e., elderly,
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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 o
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the jurisdiction intends to use HOME funds for tenant-based assistance to assist one or more of 0
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these subpopulations,it must specify local market conditions that led to the choice of this option. N
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{fj Nonhousing community developinentplan. If the jurisdiction seeks assistance under the N
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Community Development Block Grant(CDBG)program,the consolidated plan must provide a o
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concise summary of the jurisdiction's priority non-housing community development needs N
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eligible for assistance under HUD's community development programs by CDBG eligibility N
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category,in accordance with a table prescribed by HUD.This community development
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component of the plan must state the jurisdiction's specific long-term and short-term community m
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development objectives(including economic development activities that create jobs),which x
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must be developed in accordance with the primary objective of the CDBG program to develop rn
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viable urban communities by providing decent housing and a suitable living environment and
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expanding economic opportunities,principally for low-income and moderate-income persons.
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(g)Neighborhood Revitalization. Jurisdictions are encouraged to identify locally designated
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areas where geographically targeted revitalization efforts are carried out through multiple v
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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
co
Packet Pg. 151
50
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
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long-term and short-term objectives(e.g.,physical improvements,social initiatives and o
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economic empowerment),expressing them in terms of measures of outputs and outcomes the
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jurisdiction expects to achieve in the neighborhood through the use of HUD programs. d
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(h)Barriers to affordable housing. The consolidated plan must describe the jurisdiction's o
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strategy to remove or ameliorate negative effects of public policies that serve as barriers to c0�
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affordable housing,as identified in accordance with § 91.210(e), except that,if a State requires a N
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unit of general local government to submit a regulatory barrier assessment that is substantially N
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equivalent to the information required under this paragraph(h),as determined by HUD,the unit o
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of general local government may submit its assessment submitted to the State to HUD and shall N
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be considered to have complied with this requirement. o
(i)Lead-based paint hazards. The consolidated plan must outline actions proposed or being
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taken to evaluate and reduce lead-based paint hazards and increase access to housing without CO
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such health hazards,how the plan for the reduction of lead-based hazards is related to the extent x
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of lead poisoning and hazards,and how the plan for the reduction of lead-based hazards will be
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integrated into housing policies and programs. N
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(j)Anti poverty strategy. The consolidated plan must provide a concise summary of the
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jurisdiction's goals,programs,and policies for reducing the number of poverty-level families and E
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how the jurisdiction's goals,programs,and policies for producing and preserving affordable
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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
Packet Pg. 152
51
will reduce(or assist in reducing)the number of poverty-level families,taking into consideration
factors 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
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�) Institutional structure The consolidated plan must provide a concise summary of the C
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institutional structure, including private industry nonprofit organizations; community and faith.- �
based organizations; hilanthro is organizations,the Continuum of Care;and ublic institutions o
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diction will carry out its housing homeless,
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and community development plan-,a brief assessment of the strengths and gaps in that delivery N
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institutional structure for carrying out its strategy for addressing its priorUy needs. o
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(1) Coordination The consolidated plan must provide a concise summary of the F
jurisdiction's activities to enhance coordination among the Continuum of Care public and
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assisted housing providers and private and governmental health,mental health and service
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agencies The summary must address the jurisdiction's efforts to coordinate housing assistance
and services for homeless persons(especially chronically homeless individuals and families,
Packet Pg. 153
52
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
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an units of general local government in the metro olitan area in the im lementation of its c
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consolidated plan With respect to economic development,the jurisdiction should describe o
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efforts to enhance coordination with pri vate industry,businesses developers,and social service
agencies.
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§91.220 Action plan.
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The action plan must include the following:
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(a) Standard Form 424; E
(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
AF N
Packet Pg.154'
53
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
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concise summary of the federal resources(including grant funds and program income) expected c
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to be made available.Federal resources should include Section 8 funds made available to
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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 o
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identified in the strategic plan. v
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(2) Other resources. The consolidated plan must indicate resources from private and state N
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and local sources that are reasonably expected to be made available to address the needs N
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identified in the plan.The plan must explain how federal funds will leverage those additional o
resources,including a description of how matching requirements of the HUD programs will be
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satisfied.Where the jurisdiction deems it appropriate,the jurisdiction may indicate publicly o
owned land or property located within the jurisdiction that may be used to address the needs
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identified in the plan; m
(3)Annual objectives. The consolidated plan must contain a summary of the annual x
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objectives the jurisdiction expects to achieve during the forthcoming program year. M
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(d)Activities to be undertaken. The action plan must provide a description of the activities It
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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
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proposed activities,the specific local objectives and priority needs(identified in accordance with a
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§ 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
Packet Pg. 155
54
target date for completion of the activity.This information is to be presented in the form of a
table prescribed by IUD.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
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included in its action plan in accordance with guidance to be issued by HUD. C
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(f) Geographic distribution. A description of the geographic areas of the jurisdiction
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(including areas of low-income and minority concentration)in which it will direct assistance •o
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during the ensuing program year,giving the rationale for the priorities for allocating investment 0
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geographically.When appropriate,jurisdictions should estimate the percentage of funds they N
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plan to dedicate to target areas. N
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(g)Affordable housing. The jurisdiction must specify one-year goals for the number of o
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funds made available to the jurisdiction and one-year goals for the number of households to be MA
provided affordable housing through activities that provide rental assistance,production of new
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units,rehabilitation of existing units,or acquisition of existing units using funds made available m
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to the jurisdiction.The term affordable housing shall be as defined in 24 CFR 92.252 for rental w
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housing and 24 CFR 92.254 for homeownership. 0'
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(h)Public housing. Actions it plans to take during the next year to address the needs of
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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 E
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"troubled"by HUD under part 902 of this title,the jurisdiction must describe the manner in a
which it will provide financial or other assistance to improve its operations and remove the
"troubled" designation.
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2.B.a
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(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 throw
(i) Reaching out to homeless persons(especially unsheltered persons)and assessing their
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individual needs, o
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(ii)Addressing the emergency shelter and transitional housing needs of homeless persons, C
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(iii)Helping homeless persons(especially chronically homeless individuals and families, y
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families with children veterans and their families and unaccompanied youth)make the u
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transition to permanent housing and independent living including shortening the period of time N
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that individuals and families experience homelessness facilitating_access for homeless
individuals and families to affordable housing units and preventing individuals and families Nvho 0
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were recently homeless from becoming homeless again;and
(iv)Helping low income individuals and families avoid becoming homeless, especially o
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extremely low-income individuals and families who are:
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(A)Being discharged from publicly funded institutions ands stems of care such as health- Co
care facilities mental health facilities foster care and other youth facilities,and corrections x
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programs and institutions;or °'
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(B)Receiving assistance from public and private agencies that address housing,health,
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social services employment education or youth needs.
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(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)
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with respect to persons Nvho are not homeless but have other special needs
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housing next year-to address emergeney shelter and transitional needs ef homeless indivi
children(espeeia!1514hese Wi4h incomes bejoA,3 0 percent ef median) f+em N
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(j)Barrier s to affordable housing. Actions it plans to take during the next year to remove or 0
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ameliorate the negative effects of public policies that serve as barriers to affordable housing. N
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Such policies,procedures and processes include,but are not limited to,land use controls,tax N
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policies affecting land,zoning ordinances,building codes,fees and charges, growth limitations, o
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and policies affecting the return on residential investment. e
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(k)Other actions. Actions it plans to take during the next year to address obstacles to N
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meeting underserved needs,foster and maintain affordable housing,evaluate and reduce lead-
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based paint hazards,reduce the number of poverty-level families, develop institutional structure, m
and enhance coordination between public and private housing and social service agencies (see§ x
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91.215 (a),(b),(i),0), (k), and(1)). T
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(1)Program-specific requirements—(1) CDBG. (i)A jurisdiction must describe activities N
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planned with respect to all CDBG funds expected to be available during the program year F
(including program income that will have been received before the start of the next program
year),except that an amount generally not to exceed ten percent of such total available CDBG c
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funds may be excluded from the funds for which eligible activities are described if it has been
identified for the contingency of cost overruns.
Packet Pg. 158
2�B a
57
(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 a
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the priority needs and specific objectives identified in its strategic plan; a
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(C) Surplus from urban renewal settlements;
(D) Grant funds returned to the line of credit for which the planned use has not been
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included in a prior statement or plan; and v
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(E)Income from float funded activities. The full amount of income expected to be generated N
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by a float-funded activity must be shown,whether or not some or all of the income is expected to N
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be received in a future program year.To assure that citizens understand the risks inherent in o
undertaking float-funded activities,the recipient must specify the total amount of program •y
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income expected to be received and the month(s)and year(s)that it expects the float-funded N
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activity to generate such program income. ~
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(iii)An"urgent needs"activity(one that is expected to qualify under § 570.208(c)of this m
title)may be included only if the jurisdiction identifies the activity in the action plan and certifies x
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that the activity is designed to meet other community development needs having a particular
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urgency because existing conditions pose a serious and immediate threat to the health or welfare a.
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of the community and because other financial resources are not available. w
(iv)The plan shall identify the estimated amount of CDBG funds that will be used for a)
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activities that benefit persons of low-and moderate-income.The information about activities
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shall be in sufficient detail, including location,to allow citizens to determine the degree to which
they are affected.
Packet Pg. 159
2.B:a
58
(2)HOME. (i)For HOME funds,a participating 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 homebuyers,it must state
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the guidelines for resale or recapture,as required in§92.254. U
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(iii)If the participating jurisdiction intends to use HOME funds to refinance existing debt C
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secured by multifamily housing that is being rehabilitated with HOME funds, it must state its
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refinancing guidelines required under 24 CFR 92.206(b).The guidelines shall describe the
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conditions under which the participating jurisdictions will refinance existing debt.At minimum, c0
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the guidelines must: N
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(A)Demonstrate that rehabilitation is the primary eligible activity and ensure that this N
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requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio 0
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AV between rehabilitation and refinancing. N
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(B)Require a review of management practices to demonstrate that disinvestment in the N
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property has not occurred;that the long-term needs of the project can be met;and that the
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feasibility of serving the targeted population over an extended affordability period can be m
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demonstrated. k
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(C)State whether the new investment is being made to maintain current affordable units,
create additional affordable units,or both. a
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(D) Specify the required period of affordability,whether it is the minimum 15 years or
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longer. 0
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(E)Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a
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specific geographic area,such as a neighborhood identified in a neighborhood revitalization
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Packet Pg.160
59
strategy under 24 CFR 91.215(g)or a federally designated Empowerment Zone or Enterprise
Community.
(F)State that HOME finds cannot be used to refinance multifamily loans made or insured
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by any federal program,including CDBG. o
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(iv)If the participating jurisdiction will receive funding under the American Dream
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Downpayment Initiative(ADDI) (see 24 CFR part 92,subpart M),it must include:
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(A)A description of the planned use of the ADDI funds; 'o
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(B)A plan for conducting targeted outreach to residents and tenants of public and U
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manufactured housing and to other families assisted by public housing agencies,for the purposes N
of ensuring that the ADDI funds are used to provide downpayment assistance for such residents, N
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tenants,and families;and o
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(C)A description of the actions to be taken to ensure the suitability of families receiving N
ADDI funds to undertake and maintain homeownership. N
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(3)HOPWA.For HOPWA funds,the jurisdiction must specify one-year goals for the
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number of households to be provided housing through the use of HOPWA activities for: short- m
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term rent,mortgage, and utility assistance payments to prevent homelessness of the individual or x
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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
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project sponsors(including providing full access to grassroots faith-based and other community = I
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organizations).
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(4)ESG 6)The jurisdiction must include its written standards for providing ESG assistance.
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The minimum requirements regarding these standards are set forth in 24 CFR 576.400(e)(1)and
(e)(3).
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(ii)If the Continuum of Care for the jurisdiction's area has established a centralized or
coordinated assessments stem that meets HUD requirements,the jurisdiction must describe that
centralized or coordinated assessment sum The requirements for using.a centralized or
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coordinated assessment system, including the exception for victim service providers,are set forth Q
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under 24 CFR 575.400(d).. _
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,(iii)The jurisdiction must identify its process for making subawards and a description of
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how the jurisdiction intends to make its allocation available to private nonprofit organizations o
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(including_community and faith based organizations) and in the case of urban counties,funding 0
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to participating units of local government. °
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(iv)If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR N
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576,405(a the jurisdiction must specify its plan for reaching out to and consulting with o
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homeless or formerly homeless individuals in considering and making policies and decisions N
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regarding any facilities or services that receive funding under ESQ. N
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(v)The jurisdiction must describe the performance standards for evaluating ESQ activities._
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vi)The jurisdiction must describe its consultation with each Continuum of Care that serves m
the jurisdiction in determining how to allocate ESQ funds each program year, developing the x
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performance standards for and evaluating the outcomes of projects and activities assisted by M
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ESQ funds-,and developing funding,policies and procedures for the administration and
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§91.225 Certifications.
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(a)General. The following certifications,satisfactory to HUD,must be included in the
annual submission to HUD. (See definition of"certification"in §91.5.)
Packet Pg. 162
61
(1)Affirmatively furtheringfair housing. Each jurisdiction is required to submit a
certification that it will affirmatively further fair housing,which means that it will conduct an
analysis to identify impediments to fair housing choice within the jurisdiction,take appropriate
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actions to overcome the effects of any impediments identified through that analysis, and maintain o
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records reflecting the analysis and actions in this regard.
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(2)Anti-displacement and relocation plan. Each jurisdiction is required to submit a
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certification that it has in effect and is following a residential antidisplacement and relocation o
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assistance plan in connection with any activity assisted with funding under the CDBG or HOME
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programs. `"
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(3)Anti-lobbying. The jurisdiction must submit a certification with regard to compliance N
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with restrictions on lobbying required by 24 CFR part 87,together with disclosure forms,if o
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required by that part. v
(4)Authority of jurisdiction. The jurisdiction must submit a certification that the o
consolidated plan is authorized under State and local law(as applicable)and that the jurisdiction
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possesses the legal authority to carry out the programs for which it is seeking finding, in m
72
accordance with applicable HUD regulations. x
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(S)Consistency with plan. The jurisdiction must submit a certification that the housing M
activities to be undertaken with CDBG,HOME,ESG,and HOPWA funds are consistent with the N
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strategic plan.Where the HOPWA funds are to be received by a city that is the most populous
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unit of general local government in an EMSA,it must obtain and keep on file certifications of
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consistency from the authorized public officials for each other locality in the EMSA in which
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housing assistance is provided.
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Packet Pg. 163
2.B.a
62
(6)Acquisition and relocation. The jurisdiction must submit a certification that it will
comply with the acquisition and relocation requirements of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970,as amended(42 U.S.C.4601),and
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implementing regulations at 49 CFR part 24. o
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(7)Section 3. The jurisdiction must submit a certification that it will comply with section 3
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of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u),and implementing
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regulations at 24 CFR part 135. o
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(b)Community Development Block Grantprogram. For jurisdictions that seek funding v
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under CDBG,the following certifications are required: N
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(1)Citizen participation. Each jurisdiction must certify that it is in full compliance and N
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following a detailed citizen participation plan that satisfies the requirements of§91.105. o
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(2)Community development
ent plan. A cetification that this consolidated housing and N
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community development plan identifies community development and housing needs and i?
specifies both short-term and long-term community development objectives that have been
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developed in accordance with the primary objective of the statute authorizing the CDBG m
program,as described in 24 CFR 570.2,and requirements of this part and 24 CFR part 570. x
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(3)Following a plan. A certification that the jurisdiction is following a current consolidated
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p lan or Com prehensive Housing Affordability Strategy)that has been a pp rov
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(4) Use of funds. A certification that the jurisdiction has complied with the following
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criteria: d
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(i)With respect to activities expected to be assisted with CDBG funds,the Action Plan has
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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
Packet Pg. 164
63
may also include CDBG-assisted activities that are certified to be designed to meet other
community development needs having particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community where other financial
N
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resources are not available to meet such needs; o
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(ii)The aggregate use of CDBG funds,including section 108 guaranteed loans,during a a
a.
period specified by the jurisdiction,consisting of one,two,or three specific consecutive program
years,shall principally benefit low-and moderate-income families in a manner that ensures that o
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at least 70 percent of the amount is expended for activities that benefit such persons during the L)
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designated period(see 24 CFR 570.3 for definition of"CDBG funds");and N
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(iii)The jurisdiction will not attempt to recover any capital costs of public improvements N
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assisted with CDBG funds,including Section 108 loan guaranteed funds,by assessing any c
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amount against properties owned and occupied by persons of low-and moderate-income, N
3
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including any fee charged or assessment made as a condition of obtaining access to such public i?
improvements.However,if CDBG funds are used to pay the proportion of a fee or assessment
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attributable to the capital costs of public improvements(assisted in part with CDBG funds) m
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financed from other revenue sources,an assessment or charge may be made against the property X
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with respect to the public improvements financed by a source other than CDBG funds.In
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addition,with respect to properties owned and occupied by moderate-income(but not low-
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income)families,an assessment or charge may be made against the property with respect to the F
public improvements financed by a source other than CDBG funds if the jurisdiction certifies
that it lacks CDBG funds to cover the assessment.
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(5)Excessive force. A certification that the jurisdiction has adopted and is enforcing:
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Packet Pg. 165
64
(i)A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdictionn against any individuals engaged in non-violent civil rights demonstrations;and
(ii)A policy of enforcing applicable State and local laws against physically barring entrance
to or exit from,a facility or location that is the subject of such non-violent civil rights U
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demonstrations within its jurisdiction. _
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(6)Compliance with anti-discrimination laws. The jurisdiction must submit a certification
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that the grant will be conducted and administered in conformity with title VI of the Civil Rights c
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Act of 1964(42 U.S.C.20004),the Fair Housing Act(42 U.S.C.3601-3619), and implementing v
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regulations.
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(7)Compliance with lead-based paint procedures. The jurisdiction must submit a N
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certification that its activities concerning lead-based paint will comply with the requirements of o
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part 35,subparts A,B, J,K,and R of this title. N
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(8) Compliance with laws. A certification that the jurisdiction will comply with applicable N
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laws.
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certifications are required: X
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(I)If an emergence shelter's rehabilitation costs exceed 75 percent of the value of the
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building before rehabilitation the jurisdiction will maintain the building as a shelter for homeless a
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individuals and families for a minimum of 10 years after the date the building is first occupied by
a homeless individual or family after the completed rehabilitation;
2 If the cost to convert a building into an emergency shelter exceeds 75 percent of the w
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value of the building after conversion the jurisdiction will maintain the building as a shelter for
Packet Pg.,166
65
homeless individuals and families for a minimum of 10 years after the date the building is first
occupied by a homeless individual or family after the completed conversion;
(3)In all other cases where ESG funds are used for renovation,the jurisdiction will maintain
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the building as a shelter for homeless individuals and families for a minimum of 3 years after the 0
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date the building is first occupied by a homeless individual or family after the completed C
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renovation; °I
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(4)In the case of assistance involving shelter operations or essential services related to street o
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outreach or emergency shelter the jurisdiction will provide services or shelter to homeless °
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individuals and families for the period during which the ESG assistance is provided,without N
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regard to a particular site or structure so long_as the jurisdiction serves the same type of persons N
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(e families with children unaccompanied youth disabled individuals,or victims of domestic o
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violence)or persons in the same geog<aphic area; •�
(5)Any renovation carried out with ESG assistance shall be sufficient to ensure that the o
building involved is safe and sanitary;
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(6)The jurisdiction will assist homeless individuals in obtaining permanent housing, m
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appropriate supportive services(including medical and mental health treatment,victim services, x
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counseling,,supervision and other services essential for achieving independent living) and other
Federal State local and private assistance available for these individuals; N
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(7)The jurisdiction will obtain matching_amounts required under 24 CFR 576.201;
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(8)The jurisdiction has established and is implementing procedures to ensure the
confidentiality of records pertaining to any individual provide d family violence prevention or
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treatment services under any project assisted under the ESG program,including protection
Packet Pg. 167
66
against the release of the address or location of any family violence shelter proiect,except with
the written authorization of the person responsible for the operation of that shelteri
(9)To the maximum extent practicable the jurisdiction will involve,through employment,
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volunteer services or otherwise homeless individuals and families in constructing,renovating, o
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maintaining,and operating facilities assisted tinder the ESG program, in providing services
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assisted under the program and in providing services for occupants of facilities assisted under
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the program N
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10 All activities the jurisdiction undertakes with assistance under ESG are consistent with °
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the iurisdiction's consolidated plan,and Co
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(11)The jurisdiction will establish and implement to the maximum extent practicable and N
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where appropriate,policies and protocols for the discharge of persons from publicly funded o
institutions ors stems of care such as health-care facilities mental health facilities foster care N
or other youth facilities or correction programs and institutions) in order to prevent this Mn
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discharge from immediately resulting in homelessness for these persons.
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(1)In the ease-e� involving fnajer-rehabilitation or eetwersien,the a"lieant will
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maintain any 4LAIding fer whish assistanee is used under the.-ESG pvegram as a skelter for-
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hemeless individuals and families fbr-not less than a 10 year-p vied;
(-2)in the eare ef-assistanee invelving rehabilitation less than thfit cover-ed under-paragraph
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2.B.a
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(3)in the ease of assistanee jnN,ojvjng ossentiai-serviees(ineluding btA not limited to
employment,health, drug a 6use, or education) or maintonanee,opuation, insufaiiee,ittilities and
fumishings,�he applioant will provide servise-S Of Shelter to and families for-
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v as the sa---e goner-a!population is--served;
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Mt with 9SQ assistance sha4-b,-sufficient 10 onstire that the
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(5)it will assist homeless individtials in-obtai ing appropriate suppofOve-sefviees, ineluding U
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essential for-aehieving independent living,and other FedeFal, State, loeal,and private r
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title;(6)14 will ebtain matehing ameti its r-equifed under § 576.71.of this N
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program,
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publiely kided institutions er systems of care(suc-h as health care faeilities)festff Me OF Oth6f-
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(d)HOME program. Each participating jurisdiction must provide the following
certifications: o
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(1)If it plans to use HOME funds for tenant-based rental assistance,a certification that °
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rental-based assistance is an essential element of its consolidated plan; N
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(2)A certification that it is using and will use HOME funds for eligible activities and costs, N
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as described in §§92.205 through 92.209 of this subtitle and that it is not using and will not use o
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t HOME funds for prohibited activities,as described in § 92.214 of this subtitle;and •N
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(3)A certification that before committing funds to a project,the participating jurisdiction o
will evaluate the project in accordance with guidelines that it adopts for this purpose and will not
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invest any more HOME funds in combination with other federal assistance than is necessary to m
provide affordable housing. x
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(e)Housing Opportunities for Persons With AIDS. For jurisdictions that seek funding under a�
the Housing Opportunities for Persons With AIDS program,a certification is required by the
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jurisdiction that:
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(1)Activities funded under the program will meet urgent needs that are not being met by E
available public and private sources;and
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(2)Any building or structure assisted under that program shall be operated for the purpose
specified in the plan:
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Packet Pg. 170
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(i)For a period of not less than 10 years in the case of assistance involving new
construction, substantial rehabilitation,or acquisition of a facility;or
(ii)For a period of not less than three years in the case of assistance involving non-
substantial rehabilitation or repair of a building or structure.(Approved by the Office of
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Management and Budget under control number 2506-0117)
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§91.230 Monitoring. °
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The plan must describe the standards and procedures that the jurisdiction will use to monitor U
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activities carried out in furtherance of the plan and will use to ensure long-term compliance with
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requirements of the programs involved,including minority business outreach and the
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comprehensive planning requirements.(Approved by the Office of Management and Budget o
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kwlunder control number 2506-0117)
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§91.235 Special case; abbreviated consolidated plan. o
(a) Who may submit an abbreviated plan?A jurisdiction that is not a CDBG entitlement Co
community under 24 CFR part 570,subpart D,and is not expected to be a participating w
jurisdiction in the HOME program under 24 CFR part 92, as well as an Insular Area that is a
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HOME or CDBG grantee,may submit an abbreviated consolidated plan that is appropriate to the N
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types and amounts of assistance sought from HUD,instead of a full consolidated plan. F=
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(b) When is an abbreviated plan necessary?--(1)Jurisdiction. When a jurisdiction that is E
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permitted to use an abbreviated plan applies to HUD for funds under a program that requires an a
approved consolidated plan(see§ 91.2(b)),it must obtain approval of an abbreviated plan(or
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Packet Pg. 171
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full consolidated plan)and submit a certification that the housing activities are consistent with
the plan.
(2)Other applicants. When an eligible applicant other than a jurisdiction(e.g.,a public
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housing agency or nonprofit organization)seeks to apply for funding under a program-requiring o
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certification of consistency with an approved consolidated plan,the jurisdiction—if it is
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permitted to use an abbreviated plan—may prepare an abbreviated plan appropriate to the
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project.See§91.510. o
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(3)Limitation. For the HOME program, an abbreviated consolidated plan is permitted only v
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with respect to reallocations to other than participating jurisdictions(see 24 CFR part 92,subpart N
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J),and for Insular Area grantees that submit an abbreviated consolidated plan pursuant to 24 N
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CFR 570.440.For the CDBG program,an abbreviated plan may be submitted for the HUD-
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administered Small Cities program(except that an abbreviated plan may not be submitted for the y
IUD-administered Small Cities program in the state of Hawaii), and for Insular Area grantees o
pursuant to 24 CFR 570.440.
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(c) What is an abbreviated plan?—(1)Assessment of needs, resources,planned activities. m
An abbreviated plan must contain sufficient information about needs,resources,and planned x
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activities to address the needs to cover the type and amount of assistance anticipated to be funded
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by HUD. N
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(2)Nonhousing community developmentplan. If the jurisdiction seeks assistance under the
Community Development Block Grant program,it must describe the jurisdiction's priority non-
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housing community development needs eligible for assistance under HUD's community
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development programs by CDBG eligibility category,reflecting the needs of families for each
type of activity,as appropriate,in terms of dollar amounts estimated to meet the priority need for
Packet Pg. 172
the type of activity,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
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jobs),which must be developed in accordance with the statutory goals described in §91.1 and o
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the primary objective of the Housing and Community Development Act of 1974,42 U.S.C.
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5301(c),of the development of viable urban communities by providing decent housing and a
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suitable living environment and expanding economic opportunities,principally for low-income o
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and moderate-income persons. U
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(3)Separate application for funding. In addition to submission of the abbreviated N
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consolidated plan,an application must be submitted for funding is sought under a competitive N
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program.The applicable program requirements are found in the regulations for the program and c
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in the Notice of Funding Availability published for the applicable fiscal year.For the CDBG i
Small Cities program,the applicable regulations are found at 24 CFR part 570, subpart F. o
(4)Submissions, Certifications,Amendments, and Performance Reports. An Insular Area to
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grantee that submits an abbreviated consolidated plan under this section must comply with the m
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submission,certification,amendment,and performance report requirements of 24 CFR 570.440.
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This includes certification that the grantee will affirmatively further fair housing,which means it M
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will conduct an analysis of impediments to fair housing choice and undertake other activities
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required for fair housing planning,in accordance with 24 CFR 91.225(a)(1)and 570.601(a)(2).
(d) What consultation is applicable?The jurisdiction must make reasonable efforts to
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consult with appropriate public and private social service agencies regarding the needs to be r
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served with the funding sought from HUD.The jurisdiction must attempt some consultation with
the State. (Section 9 1.100 does not apply.)
Packet Pg. 173
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(e)Citizen Participation, An Insular Area grantee that submits an abbreviated consolidated
plan under this section must comply with the citizen participation requirements of 24 CFR
570.441.(Approved by the Office of Management and Budget under control number 2506-0117)
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§91.236 Special case;District of Columbia. .a.
For consolidated planning purposes,the District of Columbia must follow the requirements 2
applicable to local jurisdictions(§§ 91.100,91.105, and 91.200 through 91.230).In addition,it o
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must submit the component of the State requirements dealing with the use of Low Income
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Housing Tax Credits(§91.3150)).(Approved by the Office of Management and Budget under
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control number 2506-0117)
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Subpart D—State Governments; Contents of Consolidated Plan
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§91.300 General.
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(a)A complete consolidated plan consists of the information required in § 91.300 through§ o
91.330,submitted in accordance with instructions prescribed by HUD(including tables and 0°
narratives), or in such other format as jointly agreed upon by HUD and the state.A w
comprehensive housing affordability strategy consists of the information required in §§91.300
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through 91.315(c),91.315(h)through 91.315(m),91.320(c),91.320(g),91.225 and 91.330.
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(b) The State shall describe:
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(1) The lead agency or entity responsible for overseeing the development of the plan and E
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the significant affects of the rocess by which the consolidated plan was developed, a
2 The identt of the agencies, groups,organizations, and others who Pat tici ated in the
process,
Packet Pg, 174
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,(3) The State's consultations with:
(i) Continuums of Care,
(ii) Public and private agencies that address housing,health social services employment,-Or
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education needs of low-income individuals and families homeless individuals and families, o
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youth,and/or other persons with special needs;
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(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 o
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facilities •and corrections programs and institutions and c°�
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(iv)Other entities. N
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(c)The plan shall contain a concise executive summary that includes the objectives and m
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outcomes identified in the plan as well as an evaluation of past performance.The plan shall also x
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contain a concise summary of the citizen participation process,public comments,and efforts 01)
Nmade to broaden public participation in the development of the consolidated plan.
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§91.305 Housing and homeless needs assessment. E
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(a)General. The consolidated plan must provide a concise summary of the state's estimated r
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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
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Packet Pg. 175
conducted local study,or any other reliable source that the state clearly identifies and should
reflect the consultation with social service agencies and other entities conducted in accordance
with § 91.110 and the citizen participation process conducted in accordance with § 91.115.For a
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state seeking funding under the HOPWA program,the needs described for housing and o
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supportive services must address the unmet needs of low-income persons with HIV/AIDS and r_
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their families in areas outside of eligible metropolitan statistical areas.
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(b)Categories of persons affected. N
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(1)(i)The plan shall estimate the number and type of families in need of housing assistance °
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for:
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(A)Extremely low-income low-income moderate-income, and middle-income families; N
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(l3)Renters and owners; o
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.(C)Elderly persons, N
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(D) Single persons, o
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Large families; M
LF)Public housing residents; °0
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�G)Families on the public housing and Section 8 tenant-based waiting list;,
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(H)Persons with HIV/AIDS and their families*, T
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(1)Victims of domestic violence dating violence,olence,sexual assault and stalking; N
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(j)Persons with disabilities;and F
(K)Formerly homeless families and individuals who are receiving rapid re-housing
assistance and are nearing the termination of that assistance.
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(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
Packet Pg. 176
75
conditions being Werienced by extremely low-income low-income moderate-income,and
middle income renters and owners compared to the state as a whole. (The state must define in its
consolidated plan the terms"standard condition"and"substandard condition but suitable for
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rehabilitation.")
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and ow-nefs,for-oldedy persons,for-single per-sons,fer large families,foF-peFseff&with
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families,141VAIDS and their ' ' U
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and stalking,and fiqf per-sons ,�Ath disabilities.The deseAption ef heusing needs shall inewde a N
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Geneis summary eAhe eest bur-den and severe east burden,overcrowding(espeeially fe d
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,inederate.ineeme, 3
"substandard eeadit,,&n but sau—Rable for rehabilitation.")
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(2)For any of the income categories enumerated in paragraph(b)(1) of this section,to the m
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extent that any racial or ethnic group has disproportionately greater need in comparison to the x
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needs of that category as a whole,assessment of that specific need shall be included.For this
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purpose,disproportionately greater need exists when the percentage of persons in a category of N
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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.
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�) Persons who are homeless or at risk of homelessness. (1)The plan must describe,in_a
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form prescribed by HUD the nature and extent of homelessness including rural homelessness,
within the state.
Packet Pg. 177
2.B
76
(i)The description must include,,for each category of homeless persons s ecified 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
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a given night,the number of persons who experience homelessness each year,the number of a
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persons who lose their housing and become homeless each year,the number of persons who exit a
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homelessness each year,and the number of da sy that persons experience homelessness,and any
other measures specified by HUD. o
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(ii)The 121an also must contain a brief narrative description of the nature and extent of
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homelessness by racial and ethnic group,to the extent that information is available. N
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(2) The plan must include a narrative description of the characteristics and needs of low- N
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income individuals and families with children(especially extremely low-income)who are c
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currently housed but threatened with homelessness This information may be evidenced by the N
d needs of individuals and families with children who are currentl enterin the N
characteristics an o
homeless assistance system or appearing for the first time on the streets.The description must
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also include specific housing characteristics linked to instability and an increased risk of m
homelessness. x
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homelessness @neludingrur-al homelessness and chr-enioallyhomeless el-1-1- --ithin the state, L
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addresSing separately the need for fhei4ifies and sefviees for homeless individuals and heffieless
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families with > unsheltered, ' E
needs of low ineeme individuals and fam..— -
whe are euffent4y housed but fliteatened with homelessness.The plan a1se raust eentain a br-ig
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Packet Pg. 178
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narrefive deseEiption of the nature and extent ef hamelessness by moial and ethnic group,to!he
extent iftfe�fttiqff if,available.
(d)Other special needs. (1)The State shall estimate,to the extent practicable,the number of
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persons who are not homeless but require supportive housing,including the elderly,frail elderly,
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persons with disabilities(mental,physical,developmental),persons with alcohol or other drug c
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addiction,persons with HIV/AIDS and their families, and any other categories the State may
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specify,and describe their supportive housing needs.
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(2)With respect to a State seeking assistance under the HOPWA program,the plan must 0
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identify the size and characteristics of the population with HIV/AIDS and their families within N
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the area it will serve. N
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(e)Lead-based paint hazards. The plan must estimate the number of housing units within -
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the State that are occupied by low-income families or moderate-income families that contain 2
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lead-based paint hazards, as defined in this part.(Approved by the Office of Management and N
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Budget under control number 2506-0117)
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§91.310 Housing market analysis. w
(a)General characteristics. Based on data available to the State,the plan must describe the T
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significant characteristics of the State's housing markets(including such aspects as the supply, N
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demand, and condition and cost of housing).
N Facilities housing and services for homeless persons The plan must include a brief
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inventory of facilities and services that meet the needs of homeless persons within the state,
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particularly chronically homeless individuals and families families with children,veterans and
their families,and unaccompanied oath,
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Packet Pg. 179
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(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
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mainstream services such as health mental health,and employment services to the extent those
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services are used to complement services targeted to homeless persons. a
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(c)Special need facilities and services. The plan must describe,to the extent information is o
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available,the facilities and services that assist persons who are not homeless but who require y
supportive housing,and programs for ensuring that persons returning from mental and physical o
health institutions receive appropriate supportive housing.
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(d)Barriers to affordable housing. The plan must explain whether the cost of housing or the m
incentives to develop,maintain,or improve affordable housing in the State are affected by its x
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policies, including tax policies affecting land and other property, land use controls,zoning
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ordinances,building codes,fees and charges, growth limits,and policies that affect the return on
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residential investment.(Approved by the Office of Management and Budget under control
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number 2506-0117)
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§91.315 Strategic plan.
Packet Pg. 180
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(a)Genefal.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 state
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and among different activities and needs. o
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(2)Describe the rationale for establishing the allocation priorities given to each category of R
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priority needs,particularly among extremely low-income,low-income, and moderate-income
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households. o
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(3)Identify any obstacles to meeting underserved needs. 0
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(4)Summarize the priorities and specific objectives the state intends to initiate and/or N
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complete during the time period covered by the strategic plan describing how the proposed N
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distribution of funds will address identified needs.For each specific objective statement,identify c
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proposed accomplishments and outcomes the state hopes to achieve in quantitative terms over a N
specified time period(e.g., one,two,three or more years),or in other measurable terms as o
identified and defined by the state.This information shall be provided in accordance with
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guidance to be issued by HUD. CO
(b) Affordable housing With respect to affordable housing the consolidated Man must x
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include the priority housing needs table prescribed by HUD and the following:
1 The affordable housing section shall describe how the characteristics of the housing a le
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market and the severity of housing problems and needs of extremely low-income,low-income, F
and moderate income renters and owners persons at risk of homelessness and homeless persons
identified in accordance with&91 305 provided the rationale for establishing,allocation priorities a
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and use of funds madd available for rental assistance production of new units,rehabilitation of
existing units,or acquisition of existing units{including preserving affordable housing units that
Packet Pg. 181
2.B.a
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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 State intends to use HOME funds for tenant-based rental assistance the State must
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specify local market conditions that led to the choice of that option.
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(2)The affordable housing section shall include specific objectives that describe proposed C
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accomplishments that the jurisdiction hoees to achieve and must specify the number of
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extremely low-income, low-income and moderate-income families and homeless persons to 0
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whom the jurisdiction will rovide affordable housing as in 24 CFR 92.252 for rental v
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housing and 24 CFR 92.254 for homeownership over a specific time period.
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(1)The aff-eydable b N
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marke�and the severity of housing prebk"s-wid needs of v low ineeme,low ineeme—,
and mederate income rentefs and,A, 'newq identig@d in aeoerdanee with § 91-305 provided the ti
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ratiena4e far establishing all e e use of funds fnade available fer rental
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assistanee,prodeetionel- > units,-or aequisifion of eHistint9D x
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(2):Fhe aMvdabie housing seeOefi shall inelude speeifie objeetives that desevibe proposed
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jew-ineeftle,and mE)derate iRGE)Me famiges tE)whom the state will provide affeMable
housing as defined in 24 GFR 92-252-fbr rental housing and 24 GFR 92.-254 for-hemeownefflhip
ever a speeifie time ivu.
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(c)Public housing.With respect to public housing,the consolidated plan must do the
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following: C
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(1)Resident initiatives.For a state that has a state housing agency administering public
housing funds,the consolidated plan must describe the state's activities to encourage public c
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housing residents to become more involved in management and participate in homeownership; °
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(2)Public housing needs.The consolidated plan must describe the manner in which the plan N
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of the state will address the needs of public housing;and N
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(3)Troubled public housing agencies.If a public housing agency located within a state is o
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designated as"troubled"by HUD under part 902 of this title,the strategy for the state or unit of
local government in which any troubled public housing agency is located must describe the o
manner in which the state or unit of general local government will provide financial or other
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assistance to improve the public housing agency's operations and remove the"troubled" CO
designation.A state is not required to describe the manner in which financial or other assistance x
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is provided if the troubled public housing agency is located entirely within the boundaries of a
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unit of general local government that must submit a consolidated plan to HUD.
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Q Homelessness. The consolidated 121an must include the priority homeless needs table
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prescribed by HUD and must describe the State's strategy for reducing and ending homelessness E
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through-.
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(1)Reaching out to homeless persons(especially unsheltered persons)and assessing their
individual needs;
Packet Pg. 183
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Q Addressing the emergency shelter and transitional housing needs of homeless persons,
(3)Helping homeless persons(especially chronically homeless individuals and families,
families with children veterans and their families,and unaccompanied youth)make the
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transition to permanent housing and independent living, including cluding shortening the period of time
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individuals and families experience homelessness facilitating access for homeless individuals C
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and families to affordable housing units and preventing individuals and families who were
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recently homeless from becoming og meless again, and o
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L4)Helping low-income individuals and families avoid becoming homeless,especially °
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extremely low-income individuals and families who are: N
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to become homeless after being dischar d� from publicly funded institutions and N
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systems of care(such as health-care facilities mental health facilities foster care and other youth o
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facilities,and corrections programs and institutions),or N
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(ii)Receiving_assistance from public or private agencies that address housing,health,social o
services employment, education,or youth needs.
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_(d)Hqmeles-snem. With respeet to homelessness,the oansolidated plan mustiflehide the M
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priority homeless needs table pFem ibed by 14UW-a+id must deseribe the state's stfategy for.
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(2)Reachinget44o homeless persons and assessing their individual ne
(3)Addressing the emer-geney shelter and transitional hou ing needs ei hemeless pefsells; �t
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(e)Othet•special needs.With respect to supportive 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 require supportive housing,i.e.,elderly,frail elderly,
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persons with disabilities(mental,physical,developmental),persons with alcohol or other drag c
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addiction,persons with HIV/AIDS and their families,and public housing residents.If the state c
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intends to use HOME fiends for tenant-based assistance to assist one or more of these
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subpopulations,it must specify local market conditions that led to the choice of this option. o
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(f)Nonhousing community developmentplan.If the state seeks assistance under the CDBG o
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program,the consolidated plan must concisely describe the state's priority nnhousing N
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community development needs that affect more than one unit of general local government.These N
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priority needs must be described by CDBG eligibility category,reflecting the needs of persons or o
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families for each type of activity.This community development component of the plan must N
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identify the state's specific long-term and short-term community development objectives o
(including economic development activities that create jobs),which must be developed in
to
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accordance with the primary objective of the CDBG program to develop viable urban m
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communities by providing decent housing and a suitable living environment and expanding x
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economic opportunities,principally for low-income and moderate-income persons.
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(g)Community Revitalization. States are encouraged to identify areas where geographically
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targeted revitalization efforts are carried out through multiple activities in a concentrated and
coordinated manner.In addition,a state may elect to allow units of general local government to E
carry out a community revitalization strategy that includes the economic empowerment of low- v
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income residents,in order to obtain the additional flexibility available as provided in 24 CFR
part 570,subpart I.A state must approve a local government's revitalization strategy before it
Packet Pg. 185
84
may be implemented.If a state elects to allow revitalization strategies in its program,the method
of distribution contained in a state's action plan pursuant to § 91.320(k)(1)must reflect the state's
process and criteria for approving local government's revitalization strategies.The strategy must
N
identify the long-term and short-term objectives{e.g.,physical improvements, social initiatives, 0
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and economic empowerment), expressing them in terms of measures of outputs and outcomes =
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that are expected through the use of HUD programs.The state's process and criteria are subject
to HUD approval. o
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(h)Barriers to affordable housing.The consolidated plan must describe the state's strategy 0
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to remove or ameliorate negative effects of its policies that serve as barriers to affordable N
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housing, as identified in accordance with §91.310. N
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(i)Lead based paint.The consolidated plan must outline the actions proposed or being taken c
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1 to evaluate and reduce lead-based paint hazards,and describe how the lead-based paint hazard
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reduction will be integrated into housing policies and programs. o
o)Anti poverty strategy.The consolidated plan must provide a concise summary of the
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state's goals,programs,and policies for reducing the number of poverty-level families and how CO
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the state's goals,programs, and policies for producing and preserving affordable housing,set x
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forth in the housing component of the consolidated plan,will be coordinated with other programs
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such as Temporary Assistance for Needy Families as well as employment and training programs v
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and services for which the state is responsible and the extent to which they will reduce(or assist F
in reducing)the number of poverty-level families,taking into consideration factors over which 0)
the state has control. 1°
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(k) Institutional structure The consolidated plan must provide a concise summary of the
institutional structure including businesses developers nonprofit organizations philanthropic
Packet Pg. 186
85
orp,anizations community-based and faith-based organizations the Continuum of Care,and
public institutions departments and agencies through which the State will carry out its housing,
homeless and community development plan, brief assessment of the strengths and gaps in that
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deliverysystem;and a concise summary of what the State will do to overcome gaps in the
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institutional structure for carrying out its strategy for addressing its priority needs. a.
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(1)The censolidated plan must pr-ovido-- W&r-)Lof the institutional stmetum;
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streag4hs and gaps..in that delivevy system.
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lurisdiction's activities to enhance coordination among Continuums of Care,public and assisted
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housing providers, and private and governmental health, mental health and service agencies. m
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The summary,must include the jurisdiction's efforts to coordinate housing assistance and s
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services for homeless persons(especially chronically homeless individuals and families,families
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with children veterans and their families and unaccompanied youth)and persons who were a
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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
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any units of general local government in the implementation of its consolidated plan.With
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reskect to economic development the State should describe efforts to enhance coordination with
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private industry,businesses developers and social service agencies.
Packet Pg. 187
86
dination.The e;ensojidated pian must provide a coneise summary of the state's
ge,ixemmental health,meat
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strategy, O deseribe effbAs in addressing the needs E)f persons-'at
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(m)Lotiv-income housing tax credit.The consolidated plan must describe the strategy to N
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coordinate the Low-Income Housing Tax Credit with the development of housing that is o
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affordable to low-income and moderate-income families.
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§91.320 Action plan. co to
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The action plan must include the following: 0°
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(a)Standard Form 424; x Ui
(b)A concise executive summary that includes the objectives and outcomes identified in the
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plan as well as an evaluation of past performance,a summary of the citizen participation and N
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consultation process(including efforts to broaden public participation)(24 CPR 91.300 (b)),a
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summary of comments or views,and a summary of comments or views not accepted and the
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reasons therefore(24 CFR 91.115 (b)(5)).
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(c)Resources and objectives—(1)Federal resources.The consolidated plan must provide a
concise summary of the federal resources expected to be made available.These resources include
grant funds and program income.
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(2) Other resources.The consolidated plan must indicate resources from private and non-
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federal public sources that are reasonably expected to be:made available to address the needs C
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identified in the plan.The plan must explain how federal funds will leverage those additional
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resources,including a description of how matching requirements of the HUD programs will be o
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satisfied.Where the state deems it appropriate,it may indicate publicly owned land or property
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located within the state that may be used to carry out the purposes identified in the plan; N
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(3)Annual objectives.The consolidated plan must contain a summary of the annual N
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objectives the state expects to achieve during the forthcoming program year. c
(d)Activities.A description of the state's method for distributing funds to local governments N
and nonprofit organizations to carry out activities,or the activities to be undertaken by the state, N
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using funds that are expected to be received under formula allocations(and related program
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income)and other HUD assistance during the program year,the reasons for the allocation m
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priorities,how the proposed distribution of funds will address the priority needs and specific x
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objectives described in the consolidated plan,and any obstacles to addressing underserved needs.
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(e)Outcome measures.Each state must provide outcome measures for activities included in
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its action plan in accordance with guidance issued by HUD.For the CDBG program,this would F
include activities that are likely to be funded as a result of the implementation of the state's
method of distribution.
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(f)Geographic distribution.A description of the geographic areas of the State(including
areas of low-income and minority concentration)in which it will direct assistance during the
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ensuing program year,giving the rationale for the priorities for allocating investment
geographically.When appropriate,the state should estimate the percentage of funds they plan to
dedicate to target area(s).
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(g)Affordable housing goals.The state must specify one-year goals for the number of
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households to be provided affordable housing through activities that provide rental assistance, C
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production of new units,rehabilitation of existing units,or acquisition of existing units using
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funds made available to the state, and one-year goals for the number of homeless,non-homeless, o
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and special-needs households to be provided affordable housing using funds made available to L)
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the state. The term affordable housing shall be as defined in 24 CFR 92.252 for rental housing N
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and 24 CFR 92.254 for homeownership. N
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(b)Homeless and other special needs activities (1)The State must describe its one-year o
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goals and specific actions steps for reducing and ending homelessness through: y
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(i)Reaching out to homeless persons (especially unsheltered persons)and assessing their o
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individual needs;
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(ii)Addressing the emergency shelter and transitional housing needs of homeless persons m
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(iii)Helping_homeless persons(especially chronically homeless individuals and families, x
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families with children veterans and their families and unaccompanied youth)make the CD
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transition to permanent housing and independent living including shortening the period of time Iq
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that individuals and families experience homelessness facilitating access for homeless
individuals and families to affordable housing units and preventing individuals and families who
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were recently homeless from becoming og meless again;and w
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(iv)Helping low-income individuals and families avoid becoming homeless,especially
extremely low-income individuals and families who are:
Packet Pg. 190
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(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
Receiving assistance from public or private agencies that address housing,health,social o
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services employment education or youth needs.
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�2)The State must specify the activities that it plans to undertake during the next year to
address the housing and suppotive service needs identified in accordance with§91.315(e)with
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respect to persons who are not homeless but have other special needs. r"` u ne'k°~-e�,,..
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make the tfansitien to peffnanent housing and independent living, specific ste-Ps+18 end
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(i)Barriers to affordable housing.Actions it plans to take during the next year to remove or w
ameliorate the negative effects of public policies that serve as barriers to affordable housing. a�
Such policies,procedures,and processes include but are not limited to: land use controls,tax a
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policies affecting land,zoning ordinances,building codes,fees and charges, growth limitations,
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and policies affecting the return on residential investment.
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(j) Other actions.Actions it plans to take during the next year to implement its strategic plan o
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and address obstacles to meeting underserved needs,foster and maintain affordable housing
(including the coordination of Low-Income Housing Tax Credits with the development of
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affordable housing),evaluate and reduce lead-based paint hazards,reduce the number of poverty
level families,develop institutional structure,enhance coordination between public and private
housing and social service agencies,address the needs of public housing(including providing
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financial or other assistance to troubled public housing agencies),and encourage public housing o
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residents to become more involved in management and participate in homeownership.
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(k)Pi-ogt arn-specific requirements.In addition,the plan must include the following specific �
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information: N
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(1)CDBG.The action plan must set forth the state's method of distribution. °
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(i)The method of distribution shall contain a description of all criteria used to select N
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applications from local governments for funding,including the relative importance of the N
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criteria,where applicable.The action plan must include a description of how all CDBG resources o
will be allocated among funding categories and the threshold factors and grant size limits that are N
to be applied.The method of distribution must provide sufficient information so that units of o
general local government will be able to understand and comment on it,understand what criteria
to
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and information their application will be judged,and be able to prepare responsive applications. m
The method of distribution may provide a summary of the selection criteria,provided that all x
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criteria are summarized and the details are set forth in application manuals or other official state
publications that are widely distributed to eligible applicants.HUD may monitor the method of
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distribution as part of its audit and review responsibilities,as provided in§ 570.493(a)(1),in
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order to determine compliance with program requirements.
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(ii)If the state intends to help nonentitlement units of general local government apply for w
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guaranteed loan funds under 24 CFR part 570, subpart M, it must describe available guarantee
amounts and how applications will be selected for assistance.If a state elects to allow units of
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general local government to carry out community revitalization strategies,the method of
distribution shall reflect the state's process and criteria for approving local government's
revitalization strategies.
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(2)HOME. (1)The state shall describe other forms of investment that are not described in 24 �
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CFR 92.205(b). _
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(ii)If the state intends to use HOME funds for homebuyers,it must state the guidelines for
resale or recapture, as required in 24 CFR 92.254. o
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(iii) f the state intends to use HOME funds to refinance existing debt secured by V
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multifamily housing that is being rehabilitated with HOME funds, it must state its refinancing N
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guidelines required under 24 CFR 92.206(b).The guidelines shall describe the conditions under N
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which the state will refinance existing debt.At minimum,the guidelines must: o
(A)Demonstrate that rehabilitation is the primary eligible activity and ensure that this y
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requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio 0
between rehabilitation and refinancing.
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(B)Require a review of management practices to demonstrate that disinvestment in the m
property has not occurred;that the long-term needs of the project can be met;and that the x
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feasibility of serving the targeted population over an extended affordability period can be a�
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demonstrated. 1*
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(C) State whether the new investment is being made to maintain current affordable units,
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create additional affordable units,or both. E
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(D) Specify the required period of affordability,whether it is the minimum 15 years or Y
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longer.
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(E)Specify whether the investment of HOME funds may be state-wide or limited to a
specific geographic area,such as a community identified in a neighborhood revitalization
strategy under 24 CFR 91.315(g),or a federally designated Empowerment Zone or Enterprise
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(F)State that HOME funds cannot be used to refinance multifamily loans made or insured c
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by any federal program,including the CDBG program.
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(iv)If the state will receive funding under the American Dream Downpayment Initiative o
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(ADDI)(see 24 CFR part 92,subpart M),it must include: °
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(A)A description of the planned use of the ADDI funds; N
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(B)A plan for conducting targeted outreach to residents and tenants of public and N
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manufactured housing and to other families assisted by public housing agencies,for the purposes o
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of ensuring that the ADDI Rinds are used to provide downpayment assistance far such residents,
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tenants,and families;and o
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ADDI funds to undertake and maintain homeownership,such as provision of housing counseling m
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to homebuyers. x
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(3)ESG (i)The State must either include its written standards for providing Emergency
Solutions Grant ESG assistance or describe its requirements for its subreci Tents to establish a.
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and implement written standards for providing ESG assistance. The minimum requirements F
regarding_these standards are set forth in 24 CFR 576.400(c)(2)and(e)(3).
(ii)For each area of the State in which a Continuum of Care has established a centralized or
19
coordinated assessments stem that meets HUD re uirements the State must describe that
centralized or coordinated assessment system The requirements for using a centralized or
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coordinated assessments stem including the exception for victim set-vice providers, are set forth
under 24 CFR 576.400(d),
(iii)The State must identify its process for making subawards and a description of how the
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State intends to make its allocation available to units of general local government and private
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nonprofit organizations including community and faith-based organizations. C
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(iv)The State must describe the performance standards for evaluating ESG activities.
(v) The State must describe its consultation with each Continuum of Care in determining o
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how to allocate ESG funds each program year-,dev eloping tthe performance standards for and U
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evaluating the outcomes of projects and activities assisted by ESG funds;and developing N
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funding,policies and procedures for the administration and operation of the HMIS.f 3 he N
state shall identify.-the pfeeess fbf awarding grants te state reei-pients and a deseription efhaw4he a�
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state Wends to make its all- afien available te units of leeal government and nenpf
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(4)HOPWA. For HOPWA funds,the state must specify one-year goals for the number of
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households to be provided housing through the use of HOPWA activities for short-term rent; CO
mortgage and utility assistance payments to prevent homelessness of the individual or family; x
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tenant-based rental assistance;and units provided in housing facilities that are being developed, CD
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leased or operated with HOPWA funds,and shall identify the method of selecting project
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sponsors(including providing full access to grassroots faith-based and other community-based F
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organizations). E
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§91.325 Certifications.
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(a) General—(1)Affirmatively finrthering fair housing. Each State is required to submit a
certification that it will affirmatively further fair housing,which means that it will conduct an
analysis to identify impediments to fair housing choice within the State,take appropriate actions
to overcome the effects of any impediments identified through that analysis,and maintain
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records reflecting the analysis and actions in this regard.(See § 570.487(b)(2)(ii)of this title.)
a.
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(2)Anti-displacement and relocation plan. The State is required to submit a certification that
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it has in effect and is following a residential antidisplacement and relocation assistance plan in :a
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connection with any activity assisted with funding under the CDBG or HOME programs. c0
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(3)Anti-lobbying. The State must submit a certification with regard to compliance with N
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restrictions on lobbying required by 24 CFR part 87,together with disclosure forms,if required N
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by that part. o
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(4)Authority of State. The State must submit a certification that the consolidated plan is
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authorized under State law and that the State possesses the legal authority to carry out the N
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programs for which it is seeking funding, in accordance with applicable HUD regulations.
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(5)Consistency with plan. The State must submit a certification that the housing activities to m
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be undertaken with CDBG,HOME,ESG, and HOPWA funds are consistent with the strategic x
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plan. a'
(6)Acquisition and relocation. The State must submit a certification that it will comply with 0.
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the acquisition and relocation requirements of the Uniform Relocation Assistance and Real
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Property Acquisition Policies Act of 1970,as amended,and implementing regulations at 49 CFR
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part 24. w
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(7)Section 3. The State must submit a certification that it will comply with section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u),and implementing regulations
at 24 CFR part 135.
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(b)Community Development Block Grant program. For States that seek funding under
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CDBG,the following certifications are required:
a.
(1)Citizen participation. A certification that the State is following a detailed citizen
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participation plan that satisfies the requirements of§91.115,and that each unit of general local o
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government that is receiving assistance from the State is following a detailed citizen participation
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plan that satisfies the requirements of§ 570.486 of this title. N
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(2) Consultation with local governments. A certification that: N
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(i)It has consulted with affected units of local government in the nonentitlement area of the o
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State in determining the method of distribution of funding; U)
(ii)It engages or will engage in planning for community development activities; o
(iii)It provides or will provide technical assistance to units of general local government in
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connection with community development programs; m
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(iv)It will not refuse to distribute funds to any unit of general local government on the basis x
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of the particular eligible activity selected by the unit of general local government to meet its
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community development needs, except that a State is not prevented from establishing priorities
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in distributing funding on the basis of the activities selected;and
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(v)Each unit of general local government to be distributed funds will be required to identify E
its community development and housing needs, including the needs of the low-income and Y
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moderate-income families,and the activities to be undertaken to meet these needs.
Packet Pg. 197
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(3)Community developmentplan. A certification that this consolidated plan identifies
community development and housing needs and specifies both short-term and long-term
community development objectives that have been developed in accordance with the primary
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objective of the statute authorizing the CDBG program,as described in 24 CFR 570.2,and
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requirements of this part and 24 CFR part 570.
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(4) Use offunds, A certification that the State has complied with the following criteria:
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(i)With respect to activities expected to be assisted with CDBG funds,the action plan has c
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been developed so as to give the maximum feasible priority to activities that will benefit low- 0
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and moderate-income families or aid in the prevention or elimination of slums or blight.The plan N
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may also include CDBG-assisted activities that are certified to be designed to meet other N
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community development needs having particular urgency because existing conditions pose a o
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serious and immediate threat to the health or welfare of the community where other financial o—
resources are not available to meet such needs;
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(ii)The aggregate use of CDBG funds,including section 108 guaranteed loans,during a
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period specified by the State,consisting of one,two, or three specific consecutive program years, m
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shall principally benefit low-and moderate-income families in a manner that ensures that at least x
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70 percent of the amount is expended for activities that benefit such persons during the
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designated period(see 24 CFR 570.481 for definition of"CDBG funds");and
N
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(iii)The State will not attempt to recover any capital costs of public improvements assisted
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with CDBG funds,including Section 108 loan guaranteed funds,by assessing any amount
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against properties owned and occupied by persons of low-and moderate-income,including any
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fee charged or assessment made as a condition of obtaining access to such public improvements.
However,if CDBG funds are used to pay the proportion of a fee or assessment attributable to the
Packet Pg.198
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capital costs of public improvements(assisted in part with CDBG funds)financed from other
revenue sources,an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than with CDBG fiends.In addition,with respect
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to properties owned and occupied by moderate-income(but not low-income)families,an o
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assessment or charge may be made against the property with respect to the public improvements
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financed by a source other than CDBG funds if the State certifies that it lacks CDBG funds to
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cover the assessment. o
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(5) Compliance with anti-discrimination laws. A certification that the grant will be °
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conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 c°•,,
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U.S.C.2000d)and the Fair Housing Act(42 U.S.C. 3601-3619)and implementing regulations. N
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(6)Excessive fot•ce. A certification that the State will require units of general local o
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government that receive CDBG funds to certify that they have adopted and are enforcing: N
(i)A policy prohibiting the use of excessive force by law enforcement agencies within its o
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
CD
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(ii)A policy of enforcing applicable State and local laws against physically barring entrance m
to or exit from a facility or location that is the subject of such non-violent civil rights x
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demonstrations within its jurisdiction.
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(7)Compliance with laws. A certification that the State will comply with applicable laws.
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(c) ESG Each State that seeks funding under ESG must provide the following F
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certifications: d
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(1)The State will obtain any matching amounts required under 24 CFR 576.201 in a manner_
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so that its subrecipients that are least capable of providing matching amounts receive the benefit
of the exception under 24 CFR 576.201(a)(2),
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(2)The State will establish and implement to the maximum extent practicable and where
appropriate policies and protocols for the discharge of persons from publicly funded institutions
or systems of care(such as health-care facilities,mental health facilities,foster care or other
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youth facilities or correction programs and institutions)in order to prevent this discharge from
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immediately resulting in homelessness for these persons;
(3)The State will develop and implement procedures to ensure the confidentiality of records °-
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pertaining to any individual provided family.violence prevention or treatment seivices under any
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project assisted under the ESG program,_including protection against the release of the address or v
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location of any family violence shelter project, except with the written authorization of the N
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person responsible for the operation of that shelter;and N
(4)The State will ensure that its subrecipients comply with the following criteria: ,
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If an emergent shelter's rehabilitation costs exceed 75 percent of the value of the O_
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building before rehabilitation the building will be maintained as a shelter for homeless N
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individuals and families for a minimum of 10 years after the date the building is first occupied by
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a homeless individual or family after the completed rehabilitation; Co
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(ii)If the cost to convert a building into an emergency shelter exceeds 75 percent of the s
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value of the building after conversion,the building will be maintained as a shelter for homeless
individuals and families for a minimum of 10 years after the date the building is first occupied by a`-
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a homeless individual or family after the completed conversion•
viii)In all other cases where ESG funds are used for renovation,the building will be
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maintained as a shelter for homeless individuals and families for a minimum of 3 years after the
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date the date the building is first occupied by a homeless individual or family after the completed
renovation;
Packet Pg. 200
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►v)If ESG funds are used for shelter operations or essential services related to street
outreach or emergency shelter,the subrecipient will provide services or shelter to homeless
individuals and families for the period during which the ESG assistance is provided,without
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regard to a particular site or structure,so long as the applicant serves the same type of persons
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(e.g.,families with children unaccompanied youth,veterans,disabled individuals,or victims of a`
domestic violence)or persons in the same geographic area; M
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(v)Any renovation carried out with ESG assistance shall be sufficient to ensure that the a
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building involved is safe and sanitary-,
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Zvi)The subrecipient will assist homeless individuals in obtaining permanent housing, N
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��ropriate supportive selvices(including medical and mental health treatment,counseling, N
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supervision and other services essential for achieving independent livings) and other Federal, Y
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State local and private assistance available for such individuals-, .0
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(vii)To the maximum extent practicable the subrecipient will involve through N
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employment,volunteer services,or otherwise homeless individuals and families in constructing,
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renovating maintaining,and operating facilities assisted under ESG in providing services
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assisted under ESG and in providing services for occupants of facilities assisted under ESG;and
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viii)All activities the subrecipient undertakes with assistance under ESG are consistent
with the State's current IUD-approved consolidated plan. a
_(e)&f&%enqy Shekef-GqwntpFO9mm- For States that seek flanding under the Emergene)
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program, (D
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(4)lo the case o�assistanee involV4119FARjOrrehabilitation or oeaversion, it wi4l maintain
an),bijilding fev whiek assistanee is used tinder t4e ESG pfegFRm as a shelter f6r homeles-5
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(d)(1) of this seetion,--it will maintain all),bujiding foi-whieh assistanee is used under the El
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pFogvam as a sheltev,,for homeless-individuals and families fer n t less than a three year por-i
(g) In the ease ()f assistapeo w
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(4)Any renovation ear-vied etit with ESG assistanee shall be stif9eient to ensure that thee
building involved is safe and sanitaf�-,
permanent housing,medieel and menta4 health treatment, C
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(6) It will obtain matehing ameunts required under § 576.71 4this t,.t4e-;
(7) It will develop and implement procedure te enstife the eenfidenti alit),of records
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prejeet assisted under the ESQ pfogyam,inoluding prete4ien against the release ef the addf ess e
f-espensible for the opeFation of that t
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renovating,Of other-wise,homeless individuals and families in eenstrueting,
Mainta:n.*ng,afid epe�ating f-beilities assisted tinder-this program,in pt!evidiag setA'iees assisted
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undet!the pregFam,and in providing services fe"eoupants 4 f�eijities assisted under the O
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(4 0)A eettifieatien that the state has established a poli for the diseharge of per-sons f+em
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(d)HOME program. Each State must provide the following certifications: o
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(1)If it plans to use program funds for tenant-based rental assistance,a certification that N
rental-based assistance is an essential element of its consolidated plan; An
(2)A certification that it is using and will use HOME funds for eligible activities and costs,
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as described in§§ 92,205 through 92.209 of this subtitle and that it is not using and will not use m
HOME funds for prohibited activities,as described in§ 92.214 of this subtitle;and x
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(3)A certification that before committing funds to a project,the State or its recipients will M
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evaluate the project in accordance with guidelines that it adopts for this purpose and will not N
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invest any more HOME funds in combination with other federal assistance than is necessary to
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provide affordable housing. E
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(e)Housing Opportunities far Persons IYUh AIDS. For States that seek funding under the
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Housing Opportunities for Persons With AIDS program,a certification is required by the State
that:
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(1)Activities funded under the program will meet urgent needs that are not being met by
available public and private sources; and
(2)Any building or structure purchased,leased,rehabilitated,renovated, or converted with
N
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assistance under that program shall be operated for not less than 10 years specified in the plan,or c
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for a period of not less than three years in cases involving non-substantial rehabilitation or repair
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of a building or structure.(Approved by the Office of Management and Budget under control
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number 2506-0117) N
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§91.330 Monitoring. LO
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The consolidated plan must describe the standards and procedures that the State will use to
monitor activities carried out in furtherance of the plan and will use to ensure long-term 0
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compliance with requirements of the programs involved,including the comprehensive planning
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requirements.(Approved by the Office of Management and Budget under control number 2506- o
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0117)
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SubpartD—Consortia; Contents of Consolidated Plan w
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§91.400 Applicability. i
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This subpart applies to HOME program consortia,as defined in§91.5 (see 24 CFR part 92).
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Units of local goverment that participate in a consortium must participate in submission of a
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consolidated plan for the consortium,prepared in accordance with this subpart. CDBG E
entitlement communities that are members of a consortium must provide additional information a
for the consolidated plan, as described in this subpart.
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§91.401 Citizen participation plan.
The consortium must have a citizen participation plan that complies with the requirements of
§ 91.105.If the consortium contains one or more CDBG entitlement communities,the
consortium's citizen participation plan must provide for citizen participation within each CDBG
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entitlement community,either by the consortium or by the CDBG entitlement community,in a =
a.
manner sufficient for the CDBG entitlement community to certify that it is following a citizen
participation plan. o
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§91.402 Consolidated program year. N
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T(a)Some program year for consortia members.All units of general local government that N
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are members of a consortium must be on the same program year for CDBG,HOME,ESG,and o
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HOPWA.The program year shall run for a twelve month period and begin on the first calendar
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day of a month. N
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(b) Transition period. (1)A consortium in existence on February 6, 1995,with all members
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having aligned program years must comply with paragraph(a)of this section.A consortium in m
existence on February 6, 1995, in which all members do not have aligned program years will be x
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allowed a transition period during the balance of its current consortium agreement to bring the o)
program year for all members into alignment. a
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(2)During any such transition period,the lead agency(if it is a CDBG entitlement
community)must submit,as its consolidated plan,a plan that complies with this subpart for the
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consortium,plus its nonhousing Community Development Plan(in accordance with § 91.215). w
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All other CDBG entitlement communities in the consortium may submit their respective
nonhousing Community Development Plans(§ 91.215(e)), an Action Plan(§ 91.220)and the
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certifications(§91.425(a)and(b))in accordance with their individual program years.(Approved
by the Office of Management and Budget under control number 2506-0117)
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§91.405 Housing and homeless needs assessment. o
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Housing and homeless needs must be described in the consolidated plan in accordance with
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the provisions of§ 91.205 for the entire consortium.In addition to describing these needs for the d
entire consortium,the consolidated plan may also describe these needs for individual 0
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communities that are members of the consortium.(Approved by the Office of Management and U
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Budget under control number 2506-0117)
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§91.410 Housing market analysis. 0
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Housing market analysis must be described in the consolidated plan in accordance with the
provisions of§ 91.210 for the entire consortium.In addition to describing market conditions for o
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the entire consortium,the consolidated plan may also describe these conditions for individual
communities that are members of the consortium.(Approved by the Office of Management and 00
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Budget under control number 2506-0117) x
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§91.415 Strategic plan. N
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Strategies and priority needs must be described in the consolidated plan in accordance with i=
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the provisions of§ 91.215 for the entire consortium.The consortium is not required to submit a E
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nonhousing Community Development Plan;however,if the consortium includes CDBG a
entitlement communities,the consolidated plan must include the nonhousing Community
Development Plans of the CDBG entitlement community members of the consortium.The
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consortium must set forth its priorities for allocating housing(including CDBG and ESG,where
applicable)resources geographically within the consortium,describing how the consolidated
plan will address the needs identified(in accordance with § 91.405),describing the reasons for
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the consortium's allocation priorities,and identifying any obstacles there are to addressing
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underserved needs.(Approved by the Office of Management and Budget under control number a
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2506-0117) 2
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§91.420 Action plan, V
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(a)Form application. The action plan for the consortium must include a Standard Form 424 N
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for the consortium for the HOME program.Each entitlement jurisdiction also must submit a N
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Standard Form 424 for its funding under the CDBG program and, if applicable,the ES and o
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HOPWA programs. u
(b)Description of resources and activities. The action plan must describe the resources to be i?
used and activities to be undertaken to pursue its strategic plan.The consolidated plan must
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provide this description for all resources and activities within the entire consortium as a whole, m
as well as a description for each individual community that is a member of the x
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consortium.(Approved by the Office of Management and Budget under control number 2506-
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0117)
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§91.425 Certifications. E
(a)Consortium certifications--(1) General—(i)Affirmatively furthering fair•housing. Each w
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consortium must certify that it will affirmatively further fair housing,which means that it will
conduct an analysis to identify impediments to fair housing choice within the area,take
Packet Pg. 207
108
appropriate actions to overcome the effects of any impediments identified through that analysis,
and maintain records reflecting the analysis and actions in this regard.
(ii)Anti-displacement and relocation plan. Each consortium must certify that it has in effect
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and'is following a residential antidisplacement and relocation assistance plan in connection with U
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any activity assisted with funding under the HOME or CDBG program.
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(iii)Anti-lobbying. The consortium must submit a certification with regard to compliance
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with restrictions on lobbying required by 24 CFR part 87,together with disclosure forms, if 'o
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required by that part. v
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(iv)Authority of consortium. The consortium must submit a certification that the N
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consolidated plan is authorized under State and local law(as applicable)and that the consortium . N
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possesses the legal authority to carry out the programs for which it is seeking funding, in o
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accordance with applicable HUD regulations. �+
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(v)Consistency with plan. The consortium must certify that the housing activities to be o
undertaken with CDBG,HOME,ESG,and HOPWA funds are consistent with the strategic plan.
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(vi)Acquisition and relocation. The consortium must certify that it will comply with the m
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acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property x
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Acquisition Policies Act of 1970,as amended(42 U.S.C.4601),and implementing regulations at
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49 CFR part 24. N
(vii)Section 3. The consortium must certify that it will comply with section 3 of the Housing
and Urban Development Act of 1968(12 U.S.C. 1701u),and implementing regulations at 24
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CFR part 135. r
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(2)HOME progratn. The consortium must provide the following certifications:
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(i)If it plans to use HOME funds for tenant-based rental assistance,a certification that
rental-based assistance is an essential element of its consolidated plan;
(ii)That it is using and will use HOME funds for eligible activities and costs,as described in
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§§92.205 through 92.209 of this subtitle and that it is not using and will not use HOME funds
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for prohibited activities,as described in § 92.214 of this subtitle;and C
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(iii)That before committing funds to a project,the consortium will evaluate the project in
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accordance with guidelines that it adopts for this purpose and will not invest any more HOME o
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funds in combination with other federal assistance than is necessary to provide affordable U
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housing. N
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(b)CDBG entitlement community certifications. A CDBG entitlement community that is a N
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member of a consortium must submit the certifications required by§ 91.225 (a)and(b),and,if c
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applicable,of§ 91.225 (c)and(d).(Approved.by the Office of Management and Budget under N
control number 2506-0117) o
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§91.430 Monitoring. 0°
The consolidated plan must describe the standards and procedures that the consortium will x
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use to monitor activities carried out in furtherance of the plan and will use to ensure long-term
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compliance with requirements of the programs involved,including minority business outreach
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and the comprehensive planning requirements.(Approved by the Office of Management and
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Budget under control number 2506-0117) a)
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Subpart F—Other General Requirements
§91.500 HUD approval action.
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(a)General. HUD will review the plan upon receipt.The plan will be deemed approved 45
days after HUD receives the plan,unless before that date HUD has notified the jurisdiction that
the plan is disapproved.
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(b)Standard of review. IUD may disapprove a plan or a portion of a plan if it is 0
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inconsistent with the purposes of the Cranston-Gonzalez National Affordable Housing Act(42 a
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U.S.C. 12703),if it is substantially incomplete,or, in the case of certifications applicable to the
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CDBG program under§§ 91.225 (a)and(b)or 91.325 (a)and(b),if it is not satisfactory to the N
Secretary in accordance with§§570.304,570.429(g),or 570.485(c)of this title,as applicable. �°�
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The following are examples of consolidated plans that are substantially incomplete: N
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(1)A plan that was developed without the required citizen participation or the required N
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consultation; o
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(2)A plan that fails to satisfy all the required elements in this part;and y
(3)A plan for which a certification is rejected by HUD as inaccurate,after MUD has o
inspected the evidence and provided due notice and opportunity to the jurisdiction for comment;
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(4)A plan that does not include a description of the manner in which the unit of general x
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local government or state will provide financial or other assistance to a public housing agency if
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the public housing agency is designated as"troubled"by HUD. N
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(c) Written notice of disapproval. Within 15 days after HUD notifies a jurisdiction that it is
disapproving its plan,it must inform the jurisdiction in writing of the reasons for disapproval and
actions that the jurisdiction could take to meet the criteria for approval.Disapproval of a plan
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with respect to one program does not affect assistance distributed on the basis of a formula under
other programs.
Packet Pg.210'
109
(d)Revisions and resubmission. The jurisdiction may revise or resubmit a plan within 45
days after the first notification of disapproval.HUD must respond to approve or disapprove the
plan within 30 days of receiving the revisions or resubmission.(Approved by the Office of
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Management and Budget under control number 2506-0117)
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§91.505 Amendments to the consolidated plan. 2
(a)Amendments to the plan. The jurisdiction shall amend its approved plan whenever it .y
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makes one of the following decisions:
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(1)To make a change in its allocation priorities or a change in the method of distribution of
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funds;
(2)To carry out an activity,using funds from any program covered by the consolidated plan o
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(including program income),not previously described in the action plan;or n
(3)To change the purpose, scope,location,or beneficiaries of an activity. o
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(b)Criteria for substantial amendment. The jurisdiction shall identify in its citizen M
participation plan the criteria it will use for determining what constitutes a substantial 0°
amendment.It is these substantial amendments that are subject to a citizen participation process, x LU
in accordance with the jurisdiction's citizen participation plan.(See§§91.105 and 91.115.)
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(c)Submission to HUD. (1)Upon completion,the jurisdiction must make the amendment N
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public and must notify HUD that an amendment has been made.The jurisdiction may submit a i=
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copy of each amendment to HUD as it occurs,or at the end of the program year.Letters E
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transmitting copies of amendments must be signed by the official representative of the .2
jurisdiction authorized to take such action.
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(2) See subpart B of this part for the public notice procedures applicable to substantial
amendments.For any amendment affecting the HOPWA program that would involve
acquisition,rehabilitation,conversion,lease, repair or construction of properties to provide
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housing, an environmental review of the revised proposed use of funds must be completed by 0
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HUD in accordance with 24 CFR 574.510.(Approvcd by the Office of Management and Budget
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§91.510 Consistency determinations. 0
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(a)Applicability. For competitive programs,a certification of consistency of the application N
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with the approved consolidated plan for the jurisdiction may be required,whether the applicant is N
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the jurisdiction or another applicant. o
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(b)Certifying authority. (1)The certification must be obtained from the unit of general local N
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government if the project will be located in a unit of general local goverment that:is required to An
have a consolidated plan, is authorized to use an abbreviated consolidated plan but elects to
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prepare and has submitted a full consolidated plan,or is authorized to use an abbreviated m
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consolidated plan and is applying for the same program as the applicant pursuant to the same w
Notice of Funding Availability(and therefore has or will have an abbreviated consolidated plan
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for the fiscal year for that program). N
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(2)If the project will not be located in a unit of general local government,the certification
may be obtained from the State or, if the project will be located in a unit of general local
government authorized to use an abbreviated consolidated plan,from the unit of general local
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government if it is willing to prepare such a plan.
Packet Pg.212'
(3)Where the recipient of a HOPWA grant is a city that is the most populous unit of general
local government in an EMSA, it also must obtain and keep on file certifications of consistency
from such public officials for each other locality in the EMSA in which housing assistance is
provided.
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(c)Meaning. A jurisdiction's certification that an application is consistent with its a
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consolidated plan means the jurisdiction's plan shows need,the proposed activities are consistent o.
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with the jurisdiction's strategic plan,and the location of the proposed activities is consistent with a
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the geographic areas specified in the plan.The jurisdiction shall provide the reasons for the o
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denial when it fails to provide a certification of consistency.(Approved by the Office of o
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Management and Budget under control number 2506-0117) c
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§91.515 Funding determinations by HUD. g
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(a)Formula funding. The action plan submitted by the jurisdiction will be considered as the N
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application for the CDBG,HOME,ESG,and HOPWA formula grant programs.The Department ti
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will make its funding award determination after reviewing the plan submission in accordance
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with§ 91.500. 2
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(b)Other funding. For other funding,the jurisdiction must still respond to Notices of
Funding Availability for the individual programs in order to receive funding.(Approved by the a
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Office of Management and Budget under control number 2506-0117)
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§91.520 Performance reports.
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(a)General.Each jurisdiction that has an approved consolidated plan shall annually review a
and report,in a form prescribed by HUD,on the progress it has made in carrying out its strategic
Packet Rg.213'
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plan and its action plan.The performance report must include a description of the resources
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made available,the investment of available resources,the geographic distribution and location of
investments,the families and persons assisted(including the racial and ethnic status of persons
assisted),actions taken to affirmatively further fair housing,and other actions indicated in the
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strategic plan and the action plan.This performance report shall be submitted to HUD within 90 a
days after the close of the jurisdiction`s program year. a
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b A or .dable housing. The report shall include an evaluation of the jurisdiction's progress -a
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in meeting its specific objective of providing affordable housing including the number and types_ c
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of families served This element of the report must include the number of extremely low- N
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income, low-income, moderate-income middle-income and homeless persons served. o
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(c) Homelessness The report must include,in a form prescribed by HUD an evaluation of
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the jurisdiction's progress in meeting its specific objectives for reducing and ending
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homelessness through: T-
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(1)Reaching out to homeless persons (especially unsheltered persons)and assessing_their a
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individual needs;
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,(3)Helping homeless persons(especially chronically homeless individuals and families U
families with children veterans and their families,and unaccompanied youth)make the a
transition to permanent housing and independent living,including shortening the period of time
Packet Pg.214'
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
(4)Helping low-income individuals and families avoid becoming homeless,especiall
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extreme) low-income individuals and families and those who are a.
(i)Likely to become homeless after being discharged from publicly funded institutions and a
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systems of care(such as health-care facilities,mental health facilities,foster care and other youth a
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facilities and corrections programs and institutions);
(ii)Receiving-assistance from public or private agencies that address housing,health,social N
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services,employment, education,or youth needs. N
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_(E�CDBG. For CDBG recipients,the report shall include a description of the use of Y
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CDBG funds during the program year and an assessment by the jurisdiction of the relationship of o
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that use to the priorities and specific objectives identified in the plan,giving special attention to N
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the highest priority activities that were identified.This element of the report must specify the ti
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nature of and reasons for any changes in its program objectives and indications of how the
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jurisdiction would change its programs as a result of its experiences.This element of the report
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also must include the number of extremely low-income,low-income,and moderate-income
persons served by each activity where information on income by family size is required to a
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determine the eligibility of the activity. °'
(de)HOME. For HOME participating jurisdictions,the report shall include the results of on- d
site inspections of affordable rental housing assisted under the program to determine compliance
with housing codes and other applicable regulations,an assessment of the jurisdiction's a
affirmative marketing actions and outreach to minority-owned and women-owned businesses,
Packet Pg.215 ;,
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and data on the amount and use of program income for projects,including the number of projects
and owner and tenant characteristics.
(ef,HOPWA. For jurisdictions receiving funding under the Housing Opportunities for
Persons With AIDS program,the report must include the number of individuals assisted and the
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types of assistance provided. a.
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(g) ESG For jurisdictions receiving funding under the ESQ program provided in 24 CFR a
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part 576,the report,in a form prescribed by HUD must include the number of persons assisted,
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the types of assistance provided and the project or program outcomes data measured under the o
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performance standards developed in consultation with the Continuum(s)of Care. N
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(fh)Evaluation by HUD. HUD shall review the performance report and determine whether it
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is satisfactory.If a satisfactory report is not submitted in a timely manner,HUD may suspend
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funding until a satisfactory report is submitted,or may withdraw and reallocate funding if HUD o
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determines,after notice and opportunity for a hearing,that the jurisdiction will not submit a �
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satisfactory report.
(g)i The report will include a comparison of the proposed versus actual outcomes for.each l m
outcome measure submitted with the consolidated plan and explain,if applicable,why progress
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was not made toward meeting goals and objectives.(Approved by the Office of Management and w
Budget under control number 2506-0117) a-
§91.525 Performance review by HUD. c
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(a) General.HUD shall review the performance of each jurisdiction covered by this part at
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least annually,including site visits by employees—insofar as practicable,assessing the a
following:
Packet Pg.216
(1)Management of funds made available under programs administered by HUD; i
(2)Compliance with the consolidated plan;
(3)Accuracy of performance reports;
(4)Extent to which the jurisdiction made progress towards the statutory goals identified in§ N
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91.1; and(5)Efforts to ensure that housing assisted under programs administered by HUD is in a.
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compliance with contractual agreements and the requirements of law. a
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(b)Report by.HUD. HUD shall report on the performance review in writing,stating the
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length of time the jurisdiction has to review and comment on the report,which will be at least 30 0
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days.HUD may revise the report after considering the jurisdiction's views,and shall make the N
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report,the jurisdiction's comments,and any revisions available to the public within 30 days after c
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receipt of the jurisdiction's comments. Y
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§91.600 Waiver authority, N
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Upon determination of good cause,HUD may,subject to statutory limitations,waive any
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provision of this part.Each such waiver must be in writing and must be supported by
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documentation of the pertinent facts and grounds.
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