[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: 24CFR91.425]

[Page 558-559]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS--Table of Contents
 
           Subpart E--Consortia; Contents of Consolidated Plan
 
Sec. 91.425  Certifications.

    (a) Consortium certifications--(1) General--(i) Affirmatively 
furthering fair housing. Each 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 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 and is following a

[[Page 559]]

residential antidisplacement and relocation assistance plan in 
connection with any activity assisted with funding under the HOME or 
CDBG program.
    (iii) Drug-free workplace. The consortium must submit a 
certification with regard to drug-free workplace required by 24 CFR part 
24, subpart F.
    (iv) Anti-lobbying. The consortium 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.
    (v) Authority of consortium. The consortium must submit a 
certification that the consolidated plan is authorized under State and 
local law (as applicable) and that the consortium possesses the legal 
authority to carry out the programs for which it is seeking funding, in 
accordance with applicable HUD regulations.
    (vi) Consistency with plan. The consortium must certify that the 
housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA 
funds are consistent with the strategic plan.
    (vii) Acquisition and relocation. The consortium must certify 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 implementing regulations at 49 
CFR part 24.
    (viii) 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 CFR part 135.
    (2) HOME program. The consortium must provide the following 
certifications:
    (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 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
    (iii) That before committing funds to a project, the consortium 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.
    (b) CDBG entitlement community certifications. A CDBG entitlement 
community that is a member of a consortium must submit the 
certifications required by Sec. 91.225 (a) and (b), and, if applicable, 
of Sec. 91.225 (c) and (d).

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