1、543 SUBCHAPTER EGRANT PROGRAMS PART 280NEHEMIAH HOUSING OPPORTUNITY GRANTS PROGRAM Sec. 280.1 Applicability and scope. 280.5 Definitions. 280.10 NHOP Assistance. 280.15 Assistance under other HUD pro-grams. 280.20 Home quality. 280.25 Other Federal requirements. Subparts AD Reserved Subpart EProgram
2、 Operation 280.30 Grant agreement. 280.35 Minimum participation. 280.40 Eligible purchasers. 280.45 Sales contract and downpayment re-quirements. 280.50 Loan requirements. 280.55 Loan and profit. 280.60 Funding amendments and deobligation of funds. AUTHORITY: 12 U.S.C. 1715l note; 42 U.S.C. 3535(d).
3、 280.1 Applicability and scope. (a) This part sets forth the require-ments for existing grants under the Ne-hemiah Housing Opportunity Grants Program (NHOP). NHOP was estab-lished by title VI of the Housing and Community Development Act of 1987 (12 U.S.C. 1715l). Under NHOP, HUD made grants to nonpr
4、ofit organizations to be used to provide loans to families purchasing homes constructed or sub-stantially rehabilitated in accordance with a HUD approved program. NHOP was repealed by Section 289(b) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12839). Accord-ingly, no new gran
5、ts are being awarded under the program. (b) Purpose. The purposes of NHOP are: (1) To encourage homeownership by families who are not otherwise able to afford homeownership; (2) To undertake a concentrated ef-fort to rebuild the depressed areas of cities and to create sound and attrac-tive neighborh
6、oods; and (3) To increase the employment of residents of these neighborhoods. 54 FR 22258, May 22, 1989, as amended at 61 FR 42953, Aug. 19, 1996 280.5 Definitions. As used in this part: Assistance means grants to recipients for the purpose of providing loans to families purchasing homes constructed
7、 or substantially rehabilitated in ac-cordance with an approved program. Date of purchase means the date that a family executes a sales contract for the purchase of a home under this part. Home means a one- to four-family dwelling. The term includes dwelling units in a condominium project that consi
8、sts of not more than four dwelling units, dwelling units in a cooperative project that consists of not more than four dwelling units, townhouses, and manufactured homes. Metropolitan statistical area means a metropolitan statistical area or a pri-mary metropolitan statistical area es-tablished by th
9、e Office of Management and Budget. Neighborhood means an area that is distinguishable from other areas on the basis of one or more significant fea-tures such as: (a) Natural or man-made boundaries; (b) A locally recognized name, formal or informal; (c) An identity as a residential sub-division; (d)
10、An identity as an elementary school district; or (e) Distinctive population, social, or housing characteristics. Nonprofit organization means a pri-vate nonprofit corporation or other pri-vate nonprofit legal entity. No part of the net earnings of the organization may inure to the benefit of any mem
11、-ber, founder, contributor, or individual. The organization (a) may not be con-trolled by, or be under the direction of, persons or firms seeking to derive prof-it or gain from the organization; (b) must have a voluntary board; and (c) must have a tax exemption ruling from the Internal Revenue Servi
12、ce under section 501(c) of the Internal Revenue VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00553 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-544 24
13、CFR Ch. II (4111 Edition) 280.10 Code of 1986. Nonprofit organization does not include a public body or the instrumentality of any public body. Program means the undertaking by a recipient with HUD assistance under this part for the construction or sub-stantial rehabilitation of homes in ac-cordance
14、 with the requirements of this part. Recipient means an applicant that HUD approves as to financial responsi-bility and that executes a grant agree-ment with HUD to carry out a program under this part. Rehabilitation means labor, materials, tools and other costs of improving buildings, including rep
15、air directed to-ward an accumulation of deferred maintenance; replacement of principal fixtures and components of existing buildings; installation of security de-vices; and improvement through alter-ations or incidental additions to, or en-hancement of, existing buildings, in-cluding improvements to
16、 increase the efficient use of energy in buildings. State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Is-lands, and any other territory or pos-se
17、ssion of the United States. Substantial rehabilitation means: (a) Rehabilitation involving costs in ex-cess of 60 percent of the maximum sales price of a home assisted under this part after rehabilitation; or (b) the rehabilitation of a vacant, uninhabit-able structure. Unit of general local governm
18、ent means a borough, city, county, parish, town, township, village, or other general pur-pose political subdivision of a State. 54 FR 22258, May 22, 1989, as amended at 61 FR 5208, Feb. 9, 1996; 61 FR 42953, Aug. 19, 1996 280.10 NHOP assistance. Recipients may only use assistance under this part to
19、provide loans to fam-ilies purchasing homes constructed or substantially rehabilitated in accord-ance with an approved program. 61 FR 42953, Aug. 19, 1996 280.15 Assistance under other HUD programs. Except for assistance made available under the Community Development Block Grant program under title
20、I of the Housing and Community Develop-ment Act of 1974 (42 U.S.C. 5301 et seq.), a recipients program is not eligible for assistance under other HUD assistance programs. Dwellings purchased under the program are eligible for mortgage insurance under section 203(b) (one- to four-family home mortgage
21、s), section 203(k) (rehabilitation of one- to four- family homes), section 221(d)(2) (low- and moderate-income families), section 234(c) (condominium mortgages), sec-tion 245(a) (graduated payment mort-gages), and section 251 (adjustable rate mortgages) of the National Housing Act. 54 FR 22258, May
22、22, 1989. Redesignated at 61 FR 42953, Aug. 19, 1996 280.20 Home quality. (a) Generally. Except for manufac-tured homes, homes constructed or substantially rehabilitated under a program must comply with applicable local building code standards. (If no local building code standards are appli-cable, t
23、he homes must comply with a nationally recognized model building code (such as the CABO One- and Two- Family Dwelling Code) mutually agreed upon by the recipient and HUD). All such homes must also comply with the energy performance requirements contained in the minimum property standards under 24 CF
24、R part 200, sub-part S. (b) Manufactured homes. Manufac-tured homes under a program must comply with the Manufactured Home Construction and Safety Standards in 24 CFR part 3280; the installation, structural, and site requirements de-scribed in 24 CFR 203.43f; and the en-ergy performance requirements
25、 of 24 CFR 200.926d(e). 54 FR 22258, May 22, 1989. Redesignated at 61 FR 42953, Aug. 19, 1996 280.25 Other Federal requirements. In addition to the requirements set forth in 24 CFR part 5, the following additional Federal requirements apply to this program: VerDate Mar2010 10:21 May 10, 2011 Jkt 223
26、078 PO 00000 Frm 00554 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-545 Office of Assistant Secretary for Housing, HUD 280.25 (a) Nondiscrimination and equal oppor-t
27、unity. (1) The affirmative fair housing marketing requirements at 24 CFR part 200, subpart M, and the implementing regulations at 24 CFR part 108. (2) Racial and ethnic data collection re-quirements. Recipients must maintain current data on the race and ethnicity of program beneficiaries. (b) Displa
28、cement and relocation assist-ance. (1) The Uniform Relocation As-sistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601) as amended by the Uniform Relocation Act Amendments of 1987, title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L. 100
29、17, approved April 2, 1987) (URA) and government-wide implementing regulations at 49 CFR part 24 set forth relocation assistance requirements that apply to the displacement of any person (family, individual, business, nonprofit organization or farm) as a di-rect result of acquisition, rehabilita-tio
30、n or demolition for a program as-sisted under this part. (2) A displacement from the real property is covered by the URA if it oc-curs on or after the date that an appli-cation is submitted under this part and the application is later approved and funded, unless: (i) The person has been evicted for
31、cause based upon a serious or repeated violation of the material terms of the lease or occupancy agreement and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation as-sistance; (ii) The person moved into the real property after the appli
32、cation was sub-mitted, but received prior written no-tice of the expected displacement; (iii) The person is an owner-occupant and has been informed that the real property will not be acquired for the program under the threat of eminent domain; or (iv) The applicant (recipient) deter-mines that the d
33、isplacement did not occur as a direct result of the acquisi-tion, rehabilitation, or demolition for the program, and HUD concurs in that determination. (3) If a person is displaced from the real property before the submission of the application, and either HUD or the applicant (recipient) determines
34、 that the displacement was a direct result of the acquisition, rehabilitation, or dem-olition, the person shall be eligible for relocation assistance as a displaced person. (4) The applicant (recipient) may, at any time, request a HUD determina-tion whether a displacement will be covered by the URA
35、and the imple-menting regulations. (5) A displaced persons eligibility for relocation assistance is subject to the requirements in 49 CFR part 24. (c) Flood insurance purchase require-ments. Grants will not be provided to programs involving the acquisition or rehabilitation of a building located in
36、an area that has been identified by the Federal Emergency Management Agen-cy (FEMA) as a special flood hazard area, unless: (1) the community in which the area is situated is partici-pating in the National Flood Insurance Program in accordance with the regu-lations under that program (44 CFR parts 5
37、9 through 79); or (2) less than a year has passed since FEMA notifica-tion regarding such hazards. A recipi-ent may not make a loan under this part involving buildings located in these areas unless flood insurance on the structure is obtained by the pur-chaser in compliance with section 102(a) of th
38、e Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.). (d) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular Nos. A110 and A122 apply to the acceptance and use of as-sistance by nonprofit organizations. (e) Lead-based paint. The Lead-Based Paint Po
39、isoning Prevention Act (42 U.S.C. 48214846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 48514856), and imple-menting regulations at part 35, sub-parts A, B, K, and R, of this title apply to the program. (f) Conflicts of interest. No person (1) who is an employee, agent
40、, consultant, officer, or elected or appointed official of the recipient that receives assist-ance under the program and who exer-cises or has exercised any functions or responsibilities with respect to activi-ties under the program or VerDate Mar2010 10:21 May 10, 2011 Jkt 223078 PO 00000 Frm 00555
41、 Fmt 8010 Sfmt 8010 Y:SGML223078.XXX 223078WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-546 24 CFR Ch. II (4111 Edition) 280.30 (2) Who is in a position to participate in a decisionmaking process of gain in-
42、side information with regard to such activities, may obtain a personal or fi-nancial interest of benefit from the ac-tivity, or have an interest in any con-tract, subcontract, or agreement with respect thereto, or the proceeds there-under, either for him or herself or for those with whom he or she h
43、as family or business ties, during his or her ten-ure or for one year thereafter. The pro-visions of paragraph (e)(1) of this sec-tion do not prohibit a non-managerial and nonsupervisory employee who is otherwise eligible, from purchasing a home under this part. (g) Audit. Recipients are subject to
44、the audit requirements of OMB Cir-cular A133 (as set forth in 24 CFR part 45). HUD may perform or require fur-ther and additional audits as it finds necessary or appropriate. (h) Coastal Barriers Resources Act. The Coastal Barriers Resources Act of 1982 (16 U.S.C. 3601) applies to the program. (i) D
45、avis-Bacon Act. The prevailing wage rate determinations under the Davis-Bacon Act (40 U.S.C. 276a276a5) do not apply to the program. 54 FR 22258, May 22, 1989; 55 FR 20240, May 15, 1990; 57 FR 33256, July 27, 1992; 59 FR 33894, June 30, 1994; 61 FR 5208, Feb. 9, 1996. Redes-ignated at 61 FR 42953, A
46、ug. 19, 1996; 64 FR 50225, Sept. 15, 1999 Subparts AD Reserved Subpart EProgram Operation 280.30 Grant agreement. (a) General. The recipients respon-sibilities under NHOP will be incor-porated in a grant agreement excecuted by HUD and the recipient. (b) HUD Monitoring. HUD will mon-itor the recipien
47、ts performance to de-termine whether the recipient is com-plying with the requirements of the grant agreement. HUD will rely on such data as information obtained from the recipients records and reports, findings from on-site monitoring and audit reports. 54 FR 22258, May 22, 1989. Redesignated at 61
48、 FR 42953, Aug. 19, 1996 280.35 Minimum participation. Except as provided in paragraph (a) or (b) of this section, the recipient may not begin the construction or substan-tial rehabilitation of homes until 25 percent of the homes to be constructed or substantially rehabilitated under the program are
49、 contracted for sale to purchasers who intend to live in the homes and the downpayments required under 280.45(b) have been made. (a) Recipients may submit a phasing plan to HUD for approval. The phasing plan may propose that the grantee begin construction or substantial reha-bilitation on an individual phase of the program when 25 percent of the homes in the individual phase of the program have been pre-sold. Each phase for which approval
