1、527 Office of the Secretary, HUD 91.1 PART 91CONSOLIDATED SUBMIS-SIONS FOR COMMUNITY PLAN-NING AND DEVELOPMENT PRO-GRAMS Subpart AGeneral Sec. 91.1 Purpose. 91.2 Applicability. 91.5 Definitions. 91.10 Consolidated program year. 91.15 Submission date. 91.20 Exceptions. Subpart BCitizen Participation
2、and Consultation 91.100 Consultation; local governments. 91.105 Citizen participation plan; local gov-ernments. 91.110 Consultation; states. 91.115 Citizen participation plan; States. Subpart CLocal Governments; Contents of Consolidated Plan 91.200 General. 91.205 Housing and homeless needs assess-m
3、ent. 91.210 Housing market analysis. 91.215 Strategic plan. 91.220 Action plan. 91.225 Certifications. 91.230 Monitoring. 91.235 Special case; abbreviated consoli-dated plan. 91.236 Special case; District of Columbia. Subpart DState Governments; Contents of Consolidated Plan 91.300 General. 91.305 H
4、ousing and homeless needs assess-ment. 91.310 Housing market analysis. 91.315 Strategic plan. 91.320 Action plan. 91.325 Certifications. 91.330 Monitoring. Subpart EConsortia; Contents of Consolidated Plan 91.400 Applicability. 91.401 Citizen participation plan. 91.402 Consolidated program year. 91.
5、405 Housing and homeless needs assess-ment. 91.410 Housing market analysis. 91.415 Strategic plan. 91.420 Action plan. 91.425 Certifications. 91.430 Monitoring. Subpart FOther General Requirements 91.500 HUD approval action. 91.505 Amendments to the consolidated plan. 91.510 Consistency determinatio
6、ns. 91.515 Funding determinations by HUD. 91.520 Performance reports. 91.525 Performance review by HUD. 91.600 Waiver authority. AUTHORITY: 42 U.S.C. 3535(d), 36013619, 53015315, 1133111388, 1270112711, 1274112756, and 1290112912. SOURCE: 60 FR 1896, Jan. 5, 1995, unless oth-erwise noted. Subpart AG
7、eneral 91.1 Purpose. (a) Overall goals. (1) The overall goal of the community planning and devel-opment programs covered by this part is to develop viable urban communities by providing decent housing and a suit-able living environment and expanding economic opportunities principally for low- and mo
8、derate-income persons. The primary means towards this end is to extend and strengthen partnerships among all levels of government and the private sector, including for-profit and non-profit organizations, in the produc-tion and operation of affordable hous-ing. (i) Decent housing includes assisting
9、homeless persons to obtain appropriate housing and assisting persons at risk of becoming homeless; retention of the af-fordable housing stock; and increasing the availability of permanent housing in standard condition and affordable cost to low-income and moderate-in-come families, particularly to m
10、embers of disadvantaged minorities, without discrimination on the basis of race, color, religion, sex, national origin, fa-milial status, or disability. Decent housing also includes increasing the supply of supportive housing, which combines structural features and serv-ices needed to enable persons
11、 with spe-cial needs, including persons with HIV/ AIDS and their families, to live with dignity and independence; and pro-viding housing affordable to low-in-come persons accessible to job opportu-nities. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Y:SGML22307
12、7.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-528 24 CFR Subtitle A (4111 Edition) 91.2 (ii) A suitable living environment in-cludes improving the safety and liv-ability of neighborhoods; increasing ac-
13、cess to quality public and private fa-cilities and services; reducing the iso-lation of income groups within a com-munity or geographical area through the spatial deconcentration of housing opportunities for persons of lower in-come and the revitalization of deterio-rating or deteriorated neighborho
14、ods; restoring and preserving properties of special historic, architectural, or aes-thetic value; and conservation of en-ergy resources. (iii) Expanded economic opportuni-ties includes job creation and reten-tion; establishment, stabilization and expansion of small businesses (includ-ing microbusine
15、sses); the provision of public services concerned with employ-ment; the provision of jobs involved in carrying out activities under programs covered by this plan to low-income per-sons living in areas affected by those programs and activities; availability of mortgage financing for low-income per-so
16、ns at reasonable rates using non-discriminatory lending practices; ac-cess to capital and credit for develop-ment activities that promote the long- term economic and social viability of the community; and empowerment and self-sufficiency opportunities for low- income persons to reduce generational p
17、overty in federally assisted and public housing. (2) The consolidated submission de-scribed in this part 91 requires the ju-risdiction to state in one document its plan to pursue these goals for all the community planning and development programs, as well as for housing pro-grams. It is these goals
18、against which the plan and the jurisdictions perform-ance under the plan will be evaluated by HUD. (b) Functions of plan. The consoli-dated plan serves the following func-tions: (1) A planning document for the ju-risdiction, which builds on a participatory process among citizens, organizations, busi
19、nesses, and other stakeholders; (2) A submission for federal funds under HUDs formula grant programs for jurisdictions; (3) A strategy to be followed in car-rying out HUD programs; and (4) A management tool for assessing performance and tracking results. 60 FR 1896, Jan. 5, 1995, as amended at 71 FR
20、 6961, Feb. 9, 2006 91.2 Applicability. (a) The following formula grant pro-grams are covered by the consolidated plan: (1) The Community Development Block Grant (CDBG) programs (see 24 CFR part 570, subparts D and I); (2) The Emergency Shelter Grants (ESG) program (see 24 CFR part 576); (3) The HOM
21、E Investment Partner-ships (HOME) program (see 24 CFR part 92); and (4) The Housing Opportunities for Persons With AIDS (HOPWA) program (see 24 CFR part 574). (b) The following programs require either that the jurisdiction receiving funds directly from HUD have a con-solidated plan that is approved
22、by HUD or that the application for HUD funds contain a certification that the appli-cation is consistent with a HUD-ap-proved consolidated plan: (1) The HOPE I Public Housing Homeownership (HOPE I) program (see 24 CFR Subtitle A, Appendix A); (2) The HOPE II Homeownership of Multifamily Units (HOPE
23、II) program (see 24 CFR Subtitle A, Appendix B); (3) The HOPE III Homeownership of Single Family Homes (HOPE III) pro-gram (see 24 CFR part 572); (4) The Low-Income Housing Preser-vation (prepayment avoidance incen-tives) program, when administered by a State agency (see 24 CFR 248.177); (5) The Sup
24、portive Housing for the Elderly (Section 202) program (see 24 CFR part 889); (6) The Supportive Housing for Per-sons with Disabilities program (see 24 CFR part 890); (7) The Supportive Housing program (see 24 CFR part 583); (8) The Single Room Occupancy Housing (SRO) program (see 24 CFR part 882, su
25、bpart H); (9) The Shelter Plus Care program (see 24 CFR part 582); (10) The Community Development Block Grant programSmall Cities (see 24 CFR part 570, subpart F); VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD wit
26、h CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-529 Office of the Secretary, HUD 91.5 (11) HOME program reallocations; (12) Revitalization of Severely Dis-tressed Public Housing (section 24 of the United States Housing Act of 1937, (42 U.S.C. 14
27、37 et seq.); (13) Hope for Youth: Youthbuild (see 24 CFR part 585); (14) The John Heinz Neighborhood Development program (see 24 CFR part 594); (15) The Lead-Based Paint Hazard Reduction Program (see 42 U.S.C. 4852(o); (16) Grants for Regulatory Barrier Removal Strategies and Implementa-tion (sectio
28、n 1204, Housing and Commu-nity Development Act of 1992 (42 U.S.C. 12705c); and (17) Competitive grants under the Housing Opportunities for Persons With AIDS (HOPWA) program (see 24 CFR part 574). (c) Other programs do not require consistency with an approved consoli-dated plan. However, HUD funding
29、allo-cations for the Section 8 Certificate and Voucher Programs are to be made in a way that enables participating ju-risdictions to carry out their consoli-dated plans. (d) The Public Housing Agency Plan submission (PHA Plan) (see 24 CFR part 903) includes a certification by the appropriate state o
30、r local official that the PHA Plan is consistent with the applicable consolidated plan for the ju-risdiction in which the public housing agency is located and must describe the manner in which the applicable contents of the PHA Plan are con-sistent with the consolidated plan. 60 FR 1896, Jan. 5, 199
31、5, as amended at 60 FR 16379, Mar. 30, 1995; 64 FR 50223, Sept. 15, 1999; 71 FR 6961, Feb. 9, 2006 91.5 Definitions. The terms Elderly person and HUD are defined in 24 CFR part 5. Certification. A written assertion, based on supporting evidence, that must be kept available for inspection by HUD, by
32、the Inspector General of HUD, and by the public. The assertion shall be deemed to be accurate unless HUD determines otherwise, after in-specting the evidence and providing due notice and opportunity for com-ment. Chronically homeless person. An unac-companied homeless individual with a disabling con
33、dition who has been con-tinuously homeless for a year or more, or has had at least four episodes of homelessness in the past three years. To be considered chronically homeless, a person must have been sleeping in a place not meant for human habitation (e.g., living on the streets) and/or in an emerg
34、ency shelter during that time. Consolidated plan or (the plan). The document that is submitted to HUD that serves as the comprehensive hous-ing affordability strategy, community development plan, and submissions for funding under any of the Community Planning and Development formula grant programs (
35、e.g., CDBG, ESG, HOME, and HOPWA), that is prepared in accordance with the process de-scribed in this part. Consortium. An organization of geo-graphically contiguous units of general local government that are acting as a single unit of general local government for purposes of the HOME program (see 2
36、4 CFR part 92). Cost burden. The extent to which gross housing costs, including utility costs, exceed 30 percent of gross in-come, based on data available from the U.S. Census Bureau. Disabling condition. For the purposes of chronic homelessness, a disabling condition is a diagnosable substance use
37、disorder, serious mental illness, de-velopmental disability, or chronic physical illness or disability, including the co-occurrence of two or more of these conditions. A disabling condition limits an individuals ability to work or perform one or more activities of daily living. Emergency shelter. An
38、y facility with overnight sleeping accommodations, the primary purpose of which is to pro-vide temporary shelter for the home-less in general or for specific popu-lations of the homeless. Extremely low-income family. Family whose income is between 0 and 30 per-cent of the median income for the area,
39、 as determined by HUD with adjust-ments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 30 percent of the median for the area on the basis of HUDs findings that such variations VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00539 Fmt 80
40、10 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-530 24 CFR Subtitle A (4111 Edition) 91.5 are necessary because of prevailing lev-els of construction costs or fair market rents, or
41、 unusually high or low family incomes. Homeless family with children. A fam-ily composed of the following types of homeless persons: at least one parent or guardian and one child under the age of 18; a pregnant woman; or a per-son in the process of securing legal cus-tody of a person under the age o
42、f 18. Homeless person. A youth (17 years or younger) not accompanied by an adult (18 years or older) or an adult without children, who is homeless (not impris-oned or otherwise detained pursuant to an Act of Congress or a State law), in-cluding the following: (1) An individual who lacks a fixed, reg
43、ular, and adequate nighttime resi-dence; and (2) An individual who has a primary nighttime residence that is: (i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (in-cluding welfare hotels, congregate shelters, and transitional housing for the
44、mentally ill); (ii) An institution that provides a temporary residence for individuals in-tended to be institutionalized; or (iii) A public or private place not de-signed for, or ordinarily used as, a reg-ular sleeping accommodation for human beings. Homeless subpopulations. Include but are not limi
45、ted to the following cat-egories of homeless persons: severely mentally ill only, alcohol/drug ad-dicted only, severely mentally ill and alcohol/drug addicted, fleeing domestic violence, youth, and persons with HIV/ AIDS. Jurisdiction. A State or unit of gen-eral local government. Large family. Fami
46、ly of five or more persons. Lead-based paint hazards means lead- based paint hazards as defined in part 35, subpart B of this title. Low-income families. Low-income fam-ilies whose incomes do not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for sm
47、aller and larg-er families, except that HUD may es-tablish income ceilings higher or lower than 50 percent of the median for the area on the basis of HUDs findings that such variations are necessary be-cause of prevailing levels of construc-tion costs or fair market rents, or un-usually high or low
48、family incomes. Middle-income family. Family whose income is between 80 percent and 95 percent of the median income for the area, as determined by HUD, with ad-justments for smaller and larger fami-lies, except that HUD may establish in-come ceilings higher or lower than 95 percent of the median for
49、 the area on the basis of HUDs findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (This cor-responds to the term moderate in-come family under the CHAS statute, 42 U.S.C. 12705.) Moderate-income family. Family whose income does not exceed 80 percent of the median income for the area, as de-termined by HUD with adjustments for smaller and la
