1、564 24 CFR Subtitle A (4111 Edition) 91.525 number of individuals assisted and the types of assistance provided. (f) Evaluation by HUD. HUD shall re-view the performance report and deter-mine whether it is satisfactory. If a satisfactory report is not submitted in a timely manner, HUD may suspend fu
2、nding until a satisfactory report is submitted, or may withdraw and re-allocate funding if HUD determines, after notice and opportunity for a hear-ing, that the jurisdiction will not sub-mit a satisfactory report. (g) The report will include a compari-son of the proposed versus actual out-comes for
3、each outcome measure sub-mitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and ob-jectives. (Approved by the Office of Management and Budget under control number 25060117) 60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6971, Feb. 9, 2006 91.5
4、25 Performance review by HUD. (a) General. HUD shall review the per-formance of each jurisdiction covered by this part at least annually, includ-ing site visits by employeesinsofar as practicable, assessing the following: (1) Management of funds made avail-able under programs administered by HUD; (2
5、) Compliance with the consolidated plan; (3) Accuracy of performance reports; (4) Extent to which the jurisdiction made progress towards the statutory goals identified in 91.1; and (5) Efforts to ensure that housing as-sisted under programs administered by HUD is in compliance with contractual agree
6、ments and the requirements of law. (b) Report by HUD. HUD shall report on the performance review in writing, stating the length of time the jurisdic-tion has to review and comment on the report, which will be at least 30 days. HUD may revise the report after con-sidering the jurisdictions views, and
7、 shall make the report, the jurisdic-tions comments, and any revisions available to the public within 30 days after receipt of the jurisdictions com-ments. 91.600 Waiver authority. Upon determination of good cause, HUD may, subject to statutory limita-tions, waive any provision of this part. Each su
8、ch waiver must be in writing and must be supported by documenta-tion of the pertinent facts and grounds. 60 FR 50802, Sept. 29, 1995 PART 92HOME INVESTMENT PARTNERSHIPS PROGRAM Subpart AGeneral Sec. 92.1 Overview. 92.2 Definitions. 92.4 Waivers and suspension of requirements for disaster areas. Subp
9、art BAllocation Formula 92.50 Formula allocation. INSULAR AREAS PROGRAM 92.60 Allocation amounts for insular areas. 92.61 Program description. 92.62 Review of program description and certifications. 92.63 Amendments to program description. 92.64 Applicability of requirements to insu-lar areas. 92.65
10、 Funding sanctions. 92.66 Reallocation. Subpart CConsortia; Designation and Revocation of Designation as a Partici-pating Jurisdiction 92.100 Reserved 92.101 Consortia. 92.102 Participation threshold amount. 92.103 Notification of intent to participate. 92.104 Submission of a consolidated plan. 92.1
11、05 Designation as a participating juris-diction. 92.106 Continuous designation as a partici-pating jurisdiction. 92.107 Revocation of designation as a par-ticipating jurisdiction. Subpart DSubmission Requirements 92.150 Submission requirements. Subpart EProgram Requirements 92.200 Private-public par
12、tnership. 92.201 Distribution of assistance. 92.202 Site and neighborhood standards. 92.203 Income determinations. 92.204 Applicability of requirements to enti-ties that receive a reallocation of HOME funds, other than participating jurisdic-tions. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00
13、000 Frm 00574 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-565 Office of the Secretary, HUD Pt. 92 ELIGIBLE AND PROHIBITED ACTIVITIES 92.205 Eligible activities: General.
14、92.206 Eligible project costs. 92.207 Eligible administrative and planning costs. 92.208 Eligible community housing develop-ment organization (CHDO) operating ex-pense and capacity building costs. 92.209 Tenant-based rental assistance: Eligi-ble costs and requirements. 92.212 Pre-award costs. 92.213
15、 Reserved 92.214 Prohibited activities. 92.215 Limitation on jurisdictions under court order. INCOME TARGETING 92.216 Income targeting: Tenant-based rent-al assistance and rental units. 92.217 Income targeting: Homeownership. MATCHING CONTRIBUTION REQUIREMENT 92.218 Amount of matching contribution.
16、92.219 Recognition of matching contribu-tion. 92.220 Form of matching contribution. 92.221 Match credit. 92.222 Reduction of matching contribution requirement. Subpart FProject Requirements 92.250 Maximum per-unit subsidy amount and subsidy layering. 92.251 Property standards. 92.252 Qualification a
17、s affordable housing: Rental housing. 92.253 Tenant and participant protections. 92.254 Qualification as affordable housing: Homeownership. 92.255 Converting rental units to homeown-ership units for existing tenants. 92.256 Reserved 92.257 Faith-based activities. 92.258 Elder cottage housing opportu
18、nity (ECHO) units. Subpart GCommunity Housing Development Organizations 92.300 Set-aside for community housing de-velopment organizations (CHDOs). 92.301 Project-specific assistance to commu-nity housing development organizations. 92.302 Housing education and organizational support. 92.303 Tenant pa
19、rticipation plan. Subpart HOther Federal Requirements 92.350 Other Federal requirements and non-discrimination. 92.351 Affirmative marketing; minority out-reach program. 92.352 Environmental review. 92.353 Displacement, relocation, and acqui-sition. 92.354 Labor. 92.355 Lead-based paint. 92.356 Conf
20、lict of interest. 92.357 Executive Order 12372. 92.358 Consultant activities. Subpart ITechnical Assistance 92.400 Coordinated Federal support for hous-ing strategies. Subpart JReallocations 92.450 General. 92.451 Reallocation of HOME funds from a jurisdiction that is not designated a par-ticipating
21、 jurisdiction or has its designa-tion revoked. 92.452 Reallocation of community housing development organization set-aside. 92.453 Competitive reallocations. 92.454 Reallocations by formula. Subpart KProgram Administration 92.500 The HOME Investment Trust Fund. 92.501 HOME Investment Partnership Agr
22、eement. 92.502 Program disbursement and informa-tion system. 92.503 Program income, repayments, and re-captured funds. 92.504 Participating jurisdiction respon-sibilities; written agreements; on-site in-spections. 92.505 Applicability of uniform administra-tive requirements. 92.506 Audit. 92.507 Clo
23、seout. 92.508 Recordkeeping. 92.509 Performance reports. Subpart LPerformance Reviews and Sanctions 92.550 Performance reviews. 92.551 Corrective and remedial actions. 92.552 Notice and opportunity for hearing; sanctions. Subpart MAmerican Dream Downpayment Initiative 92.600 Purpose. 92.602 Eligible
24、 activities. 92.604 ADDI allocation formula. 92.606 Reallocations. 92.608 Consolidated plan. 92.610 Program requirements 92.612 Project requirements. 92.614 Other Federal requirements. 92.616 Program administration. 92.618 Performance reviews and sanctions. AUTHORITY: 42 U.S.C. 3535(d) and 12701 128
25、39. SOURCE: 61 FR 48750, Sept. 16, 1996, unless otherwise noted. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00575 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-
26、,-,-566 24 CFR Subtitle A (4111 Edition) 92.1 Subpart AGeneral 92.1 Overview. This part implements the HOME In-vestment Partnerships Act (the HOME Investment Partnerships Program). In general, under the HOME Investment Partnerships Program, HUD allocates funds by formula among eligible State and loc
27、al governments to strengthen public-private partnerships and to ex-pand the supply of decent, safe, sani-tary, and affordable housing, with pri-mary attention to rental housing, for very low-income and low-income fami-lies. Generally, HOME funds must be matched by nonfederal resources. State and loc
28、al governments that become participating jurisdictions may use HOME funds to carry out multi-year housing strategies through acquisition, rehabilitation, and new construction of housing, and tenant-based rental as-sistance. Participating jurisdictions may provide assistance in a number of eligible f
29、orms, including loans, ad-vances, equity investments, interest subsidies and other forms of invest-ment that HUD approves. 92.2 Definitions. The terms 1937 Act, ALJ, Fair Housing Act, HUD, Indian Hous-ing Authority (IHA), Public Housing Agency (PHA), and Secretary are defined in 24 CFR 5.100. Act me
30、ans the HOME Investment Partnerships Act at title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12701 et seq. ADDI funds means funds made avail-able under subpart M through alloca-tions and reallocations. Adjusted income. See 92.203. Annual income. See 92.203. Ce
31、rtification shall have the meaning provided in section 104(21) of the Cran-ston-Gonzalez National Affordable Housing Act, as amended, 42 U.S.C. 12704. Commitment means: (1) The participating jurisdiction has executed a legally binding agreement with a State recipient, a subrecipient or a contractor
32、to use a specific amount of HOME funds to produce af-fordable housing or provide tenant- based rental assistance; or has exe-cuted a written agreement reserving a specific amount of funds to a commu-nity housing development organiza-tion; or has met the requirements to commit to a specific local pro
33、ject, as defined in paragraph (2), of this defini-tion. (2) Commit to a specific local project means: (i) If the project consists of rehabili-tation or new construction (with or without acquisition) the participating jurisdiction (or State recipient or sub-recipient) and project owner have exe-cuted
34、 a written legally binding agree-ment under which HOME assistance will be provided to the owner for an identifiable project under which con-struction can reasonably be expected to start within twelve months of the agreement date. If the project is owned by the participating jurisdiction or State rec
35、ipient, the project has been set up in the disbursement and infor-mation system established by HUD, and construction can reasonably be ex-pected to start within twelve months of the project set-up date. (ii)(A) If the project consists of ac-quisition of standard housing and the participating jurisdi
36、ction (or State re-cipient or subrecipient) is acquiring the property with HOME funds, the participating jurisdiction (or State re-cipient or subrecipient) and the prop-erty owner have executed a legally binding contract for sale of an identifi-able property and the property title will be transferre
37、d to the participating jurisdiction (or State recipient or sub-recipient) within six months of the date of the contract. (B) If the project consists of acquisi-tion of standard housing and the par-ticipating jurisdiction (or State recipi-ent or subrecipient) is providing HOME funds to a family to ac
38、quire single fam-ily housing for homeownership or to a purchaser to acquire rental housing, the participating jurisdiction (or State recipient or subrecipient) and the fam-ily or purchaser have executed a writ-ten agreement under which HOME as-sistance will be provided for the pur-chase of the singl
39、e family housing or rental housing and the property title will be transferred to the family or purchaser within six months of the agreement date. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00576 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by I
40、HSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-567 Office of the Secretary, HUD 92.2 (iii) If the project consists of tenant- based rental assistance, the partici-pating jurisdiction (or State recipient, or subrecipient) has entered into a rental assistance cont
41、ract with the owner or the tenant in accordance with the provisions of 92.209. Community housing development orga-nization means a private nonprofit or-ganization that: (1) Is organized under State or local laws; (2) Has no part of its net earnings in-uring to the benefit of any member, founder, con
42、tributor, or individual; (3) Is neither controlled by, nor under the direction of, individuals or entities seeking to derive profit or gain from the organization. A community hous-ing development organization may be sponsored or created by a for-profit en-tity, but: (i) The for-profit entity may not
43、 be an entity whose primary purpose is the development or management of hous-ing, such as a builder, developer, or real estate management firm. (ii) The for-profit entity may not have the right to appoint more than one-third of the membership of the or-ganizations governing body. Board members appoi
44、nted by the for-profit entity may not appoint the remaining two-thirds of the board members; and (iii) The community housing develop-ment organization must be free to con-tract for goods and services from ven-dors of its own choosing; (4) Has a tax exemption ruling from the Internal Revenue Service
45、under section 501(c) (3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)1); (5) Does not include a public body (in-cluding the participating jurisdiction). An organization that is State or lo-cally chartered may qualify as a com-munity housing development organiza-tion; however, the
46、State or local gov-ernment may not have the right to ap-point more than one-third of the mem-bership of the organizations governing body and no more than one-third of the board members may be public officials or employees of the participating juris-diction or State recipient. Board mem-bers appointe
47、d by the State or local government may not appoint the re-maining two-thirds of the board mem-bers; (6) Has standards of financial ac-countability that conform to 24 CFR 84.21, Standards for Financial Man-agement Systems; (7) Has among its purposes the provi-sion of decent housing that is afford-abl
48、e to low-income and moderate-in-come persons, as evidenced in its char-ter, articles of incorporation, resolu-tions or by-laws; (8) Maintains accountability to low- income community residents by: (i) Maintaining at least one-third of its governing boards membership for residents of low-income neighb
49、orhoods, other low-income community resi-dents, or elected representative of low- income neighborhood organizations. For urban areas, community may be a neighborhood or neighborhoods, city, county or metropolitan area; for rural areas, it may be a neighborhood or neighborhoods, town, village, county, or multi-county area (but not the en-tire State); and (ii) Providing a formal process for low-income program ben
