[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR91.325]

[Page 554-557]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS--Table of Contents
 
       Subpart D--State Governments; Contents of Consolidated Plan
 
Sec. 91.325  Certifications.

    (a) General--(1) Affirmatively furthering 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 records reflecting the analysis and actions 
in this regard. (See Sec. 570.487(b)(2)(ii) of this title.)
    (2) Anti-displacement and relocation plan. The State is required to 
submit a certification that it has in effect and is following a 
residential antidisplacement and relocation assistance plan in 
connection with any activity assisted with funding under the CDBG or 
HOME programs.
    (3) Drug-free workplace. The State must submit a certification with 
regard to drug-free workplace required by 24 CFR part 24, subpart F.
    (4) Anti-lobbying. The State must submit a certification with regard 
to compliance with restrictions on lobbying required by 24 CFR part 87, 
together with disclosure forms, if required by that part.
    (5) Authority of State. The State must submit a certification that 
the consolidated plan is authorized under State law and that the State 
possesses the

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legal authority to carry out the programs for which it is seeking 
funding, in accordance with applicable HUD regulations.
    (6) Consistency with plan. The State must submit a certification 
that the housing activities to be undertaken with CDBG, HOME, ESG, and 
HOPWA funds are consistent with the strategic plan.
    (7) Acquisition and relocation. The State 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, and implementing 
regulations at 49 CFR part 24.
    (8) 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.
    (b) Community Development Block Grant program. For States that seek 
funding under CDBG, the following certifications are required:
    (1) Citizen participation. A certification that the State is 
following a detailed citizen participation plan that satisfies the 
requirements of Sec. 91.115, and that each unit of general local 
government that is receiving assistance from the State is following a 
detailed citizen participation plan that satisfies the requirements of 
Sec. 570.486 of this title.
    (2) Consultation with local governments. A certification that:
    (i) It has consulted with affected units of local government in the 
nonentitlement area of the State in determining the method of 
distribution of funding;
    (ii) It engages or will engage in planning for community development 
activities;
    (iii) It provides or will provide technical assistance to units of 
general local government in connection with community development 
programs;
    (iv) It will not refuse to distribute funds to any unit of general 
local government on the basis of the particular eligible activity 
selected by the unit of general local government to meet its community 
development needs, except that a State is not prevented from 
establishing priorities in distributing funding on the basis of the 
activities selected; and
    (v) Each unit of general local government to be distributed funds 
will be required to identify its community development and housing 
needs, including the needs of the low-income and moderate-income 
families, and the activities to be undertaken to meet these needs.
    (3) Community development plan. 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 objective of the 
statute authorizing the CDBG program, as described in 24 CFR 570.2, and 
requirements of this part and 24 CFR part 570.
    (4) Use of funds. A certification that the State has complied with 
the following criteria:
    (i) With respect to activities expected to be assisted with CDBG 
funds, the action plan has been developed so as to give the maximum 
feasible priority to activities that will benefit low- and moderate-
income families or aid in the prevention or elimination of slums or 
blight. The plan may also include 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 resources are not available to meet such needs;
    (ii) The aggregate use of CDBG funds, including section 108 
guaranteed loans, during a period specified by the State, consisting of 
one, two, or three specific consecutive program years, shall principally 
benefit low- and moderate-income families in a manner that ensures that 
at least 70 percent of the amount is expended for activities that 
benefit such persons during the designated period (see 24 CFR 570.481 
for definition of ``CDBG funds''); and
    (iii) The State will not attempt to recover any capital costs of 
public improvements assisted with CDBG funds, including Section 108 loan 
guaranteed funds, by assessing any amount against

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properties owned and occupied by persons of low- and moderate-income, 
including any 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 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 funds. In addition, with respect to 
properties owned and occupied by moderate-income (but not low-income) 
families, an assessment or charge may be made against the property with 
respect to the public improvements financed by a source other than CDBG 
funds if the State certifies that it lacks CDBG funds to cover the 
assessment.
    (5) Compliance with anti-discrimination laws. A certification that 
the grant will be conducted and administered in conformity with title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing 
Act (42 U.S.C. 3601-3619) and implementing regulations.
    (6) Excessive force. A certification that the State will require 
units of general local government that receive CDBG funds to certify 
that they have adopted and are enforcing:
    (i) A policy prohibiting the use of excessive force by law 
enforcement agencies within its jurisdiction 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 demonstrations within 
its jurisdiction.
    (7) Compliance with laws. A certification that the State will comply 
with applicable laws.
    (c) Emergency Shelter Grant program. For States that seek funding 
under the Emergency Shelter Grant program, a certification is required 
by the State that it will ensure that its State recipients comply with 
the following criteria:
    (1) In the case of assistance involving major rehabilitation or 
conversion, it will maintain any building for which assistance is used 
under the ESG program as a shelter for homeless individuals and families 
for not less than a 10-year period;
    (2) In the case of assistance involving rehabilitation less than 
that covered under paragraph (d)(1) of this section, it will maintain 
any building for which assistance is used under the ESG program as a 
shelter for homeless individuals and families for not less than a three-
year period;
    (3) In the case of assistance involving essential services 
(including but not limited to employment, health, drug abuse, or 
education) or maintenance, operation, insurance, utilities and 
furnishings, it will provide services or shelter to homeless individuals 
and families for the period during which the ESG assistance is provided, 
without regard to a particular site or structure as long as the same 
general population is served;
    (4) Any renovation carried out with ESG assistance shall be 
sufficient to ensure that the building involved is safe and sanitary;
    (5) It will assist homeless individuals in obtaining appropriate 
supportive services, including permanent housing, medical and mental 
health treatment, counseling, supervision, and other services essential 
for achieving independent living, and other Federal, State, local, and 
private assistance available for such individuals;
    (6) It will obtain matching amounts required under Sec. 576.71 of 
this title;
    (7) It will develop and implement procedures to ensure the 
confidentiality of records pertaining to any individual provided family 
violence prevention or treatment services under any project assisted 
under the ESG program, including protection against the release of the 
address or location of any family violence shelter project except with 
the written authorization of the person responsible for the operation of 
that shelter;
    (8) To the maximum extent practicable, it will involve, through 
employment, volunteer services, or otherwise, homeless individuals and 
families in constructing, renovating, maintaining, and operating 
facilities assisted under this program, in providing services assisted 
under the program, and in

[[Page 557]]

providing services for occupants of facilities assisted under the 
program; and
    (9) It is following a current HUD-approved consolidated plan.
    (d) HOME program. Each State must provide the following 
certifications:
    (1) If it plans to use program funds for tenant-based rental 
assistance, a certification that rental-based assistance is an essential 
element of its consolidated plan;
    (2) A certification that it is using and will use HOME funds for 
eligible activities and costs, as described in Secs. 92.205 through 
92.209 of this subtitle and that it is not using and will not use HOME 
funds for prohibited activities, as described in Sec. 92.214 of this 
subtitle; and
    (3) A certification that before committing funds to a project, the 
State or its recipients will evaluate the project in accordance with 
guidelines that it adopts for this purpose and will not invest any more 
HOME funds in combination with other federal assistance than is 
necessary to provide affordable housing.
    (e) Housing Opportunities for Persons With AIDS. For States that 
seek funding under the Housing Opportunities for Persons With AIDS 
program, a certification is required by the State that:
    (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 assistance under that program shall be 
operated for not less than 10 years specified in the plan, or for a 
period of not less than three years in cases involving non-substantial 
rehabilitation or repair of a building or structure.

(Approved by the Office of Management and Budget under control number 
2506-0117)