[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR91.100]



[Page 556-557]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 91_CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT 

PROGRAMS--Table of Contents

 

            Subpart B_Citizen Participation and Consultation

 

Sec.  91.100  Consultation; local governments.





    (a) General. (1) When preparing the consolidated plan, the 

jurisdiction shall consult with other public and private agencies that 

provide assisted housing, health services, and social and fair housing 

services (including those focusing on services to children, elderly 

persons, persons with disabilities, persons with HIV/AIDS and their 

families, homeless persons) during preparation of the consolidated plan.

    (2) When preparing the portion of the consolidated plan describing 

the jurisdiction's homeless strategy, the jurisdiction shall consult 

with public and private agencies that provide assisted housing, health 

services, and social services to determine what resources are available 

to address the needs of any persons that are chronically homeless.

    (3) When preparing the portion of its consolidated plan concerning 

lead-based paint hazards, the jurisdiction shall consult with state or 

local health and child welfare agencies and examine existing data 

related to lead-based paint hazards and poisonings, including health 

department data on the addresses of housing units in which children have 

been identified as lead poisoned.

    (4) When preparing the description of priority nonhousing community 

development needs, a unit of general local government must notify 

adjacent units of general local government, to the extent practicable. 

The nonhousing community development plan must be submitted to the 

state, and, if the jurisdiction is a CDBG entitlement grantee other than 

an urban county, to the county.

    (5) The jurisdiction also should consult with adjacent units of 

general local government, including local government agencies with 

metropolitan-wide planning responsibilities, particularly for problems 

and solutions that go beyond a single jurisdiction.

    (b) HOPWA. The largest city in each eligible metropolitan 

statistical area (EMSA) that is eligible to receive a HOPWA formula 

allocation must consult broadly to develop a metropolitan-wide strategy 

for addressing the needs of persons with HIV/AIDS and their families 

living throughout the EMSA. All jurisdictions within the EMSA must 

assist the jurisdiction that is applying for a HOPWA allocation in the 

preparation of the HOPWA submission.

    (c) Public housing. The jurisdiction shall consult with the local 

public housing agency (PHA) concerning consideration of public housing 

needs and planned programs and activities. This consultation will help 

provide a better basis for the certification by the authorized official 

that the PHA Plan is consistent with the consolidated plan and the local 

government's description of the manner in which it will address the 

needs of public housing and, where necessary, the manner in which it 

will provide financial or other assistance to a troubled PHA to improve 

its operations and remove such designation. It will also help ensure 

that activities with regard to local drug elimination, neighborhood 

improvement programs, and resident programs and services, funded under a 

PHA's program and those funded under a program covered by the 

consolidated plan, are fully coordinated to achieve comprehensive 

community development goals. If a PHA is required to implement remedies 

under a Section 504 Voluntary Compliance Agreement to provide accessible 

units for persons with disabilities, the local jurisdiction should 

consult with the PHA and identify actions it may take, if any, to assist 

the PHA in implementing the required remedies. A



[[Page 557]]



local jurisdiction may use CDBG funds for eligible activities or other 

funds to implement remedies required under a Section 504 Voluntary 

Compliance Agreement.



[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6962, Feb. 9, 2006]