[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: 24CFR91.220]



[Page 567-569]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 91_CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND DEVELOPMENT 

PROGRAMS--Table of Contents

 

       Subpart C_Local Governments; Contents of Consolidated Plan

 

Sec.  91.220  Action plan.



    The action plan must include the following:

    (a) Standard Form 424;

    (b) A concise executive summary that includes the objectives and 

outcomes identified in the plan as well as an evaluation of past 

performance, a summary of the citizen participation and consultation 

process (including efforts to broaden public participation) (24 CFR 

91.200 (b)), a summary of comments or views, and a summary of comments 

or views not accepted and the reasons therefore (24 CFR 91.105 (b)(5)).

    (c) Resources and objectives--(1) Federal resources. The 

consolidated plan must provide a concise summary of the federal 

resources (including grant funds and program income) expected to be made 

available. Federal resources should include Section 8 funds made 

available to jurisdictions, Low-Income Housing Tax Credits, and 

competitive McKinney-Vento Homeless Assistance Act funds, expected to be 

available to address priority needs and specific objectives identified 

in the strategic plan.

    (2) Other resources. The consolidated plan must indicate resources 

from private and state and local sources that are reasonably expected to 

be made available to address the needs identified in the plan. The plan 

must explain how federal funds will leverage those additional resources, 

including a description of how matching requirements of the HUD programs 

will be satisfied. Where the jurisdiction deems it appropriate, the 

jurisdiction may indicate publicly owned land or property located within 

the jurisdiction that may be used to address the needs identified in the 

plan;

    (3) Annual objectives. The consolidated plan must contain a summary 

of the annual objectives the jurisdiction expects to achieve during the 

forthcoming program year.

    (d) Activities to be undertaken. The action plan must provide a 

description of the activities the jurisdiction will undertake during the 

next year to address priority needs and objectives. This description of 

activities shall estimate the number and type of families that will 

benefit from the proposed activities, the specific local objectives and 

priority needs (identified in accordance with Sec.  91.215) that will be 

addressed by the activities using formula grant funds and program income 

the jurisdiction expects to receive during the program year, proposed 

accomplishments, and a target date for completion of the activity. This 

information is to be presented in the form of a table prescribed by HUD. 

The plan must also describe the reasons for the allocation priorities 

and identify any obstacles to addressing underserved needs;

    (e) Outcome measures. Each jurisdiction must provide outcome 

measures for activities included in its action plan in accordance with 

guidance to be issued by HUD.

    (f) Geographic distribution. A description of the geographic areas 

of the jurisdiction (including areas of low-income and minority 

concentration) in which it will direct assistance during the ensuing 

program year, giving the rationale for the priorities for allocating 

investment geographically. When appropriate, jurisdictions should 

estimate the percentage of funds they plan to dedicate to target areas.

    (g) Affordable housing. The jurisdiction must specify one-year goals 

for the number of homeless, non-homeless, and special-needs households 

to be provided affordable housing using funds



[[Page 568]]



made available to the jurisdiction and one-year goals for the number of 

households to be provided affordable housing through activities that 

provide rental assistance, production of new units, rehabilitation of 

existing units, or acquisition of existing units using funds made 

available to the jurisdiction. The term affordable housing shall be as 

defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254 for 

homeownership.

    (h) Public housing. Actions it plans to take during the next year to 

address the needs of public housing and actions to encourage public 

housing residents to become more involved in management and participate 

in homeownership. If the public housing agency is designated as 

``troubled'' by HUD under part 902 of this title, the jurisdiction must 

describe the manner in which it will provide financial or other 

assistance to improve its operations and remove the ``troubled'' 

designation.

    (i) Homeless and other special needs activities. Activities it plans 

to undertake during the next year to address emergency shelter and 

transitional housing needs of homeless individuals and families 

(including subpopulations), to prevent low-income individuals and 

families with children (especially those with incomes below 30 percent 

of median) from becoming homeless, to help homeless persons make the 

transition to permanent housing and independent living, specific action 

steps to end chronic homelessness, and to address the special needs of 

persons who are not homeless identified in accordance with Sec.  

91.215(e);

    (j) Barriers to affordable housing. Actions it plans to take during 

the next year to remove or ameliorate the negative effects of public 

policies that serve as barriers to affordable housing. Such policies, 

procedures and processes include, but are not limited to, land use 

controls, tax policies affecting land, zoning ordinances, building 

codes, fees and charges, growth limitations, and policies affecting the 

return on residential investment.

    (k) Other actions. Actions it plans to take during the next year to 

address obstacles to meeting underserved needs, foster and maintain 

affordable housing, evaluate and reduce lead-based paint hazards, reduce 

the number of poverty-level families, develop institutional structure, 

and enhance coordination between public and private housing and social 

service agencies (see Sec.  91.215 (a), (b), (i), (j), (k), and (l)).

    (l) Program-specific requirements--(1) CDBG. (i) A jurisdiction must 

describe activities planned with respect to all CDBG funds expected to 

be available during the program year (including program income that will 

have been received before the start of the next program year), except 

that an amount generally not to exceed ten percent of such total 

available CDBG funds may be excluded from the funds for which eligible 

activities are described if it has been identified for the contingency 

of cost overruns.

    (ii) CDBG funds expected to be available during the program year 

includes the following:

    (A) Any program income that will have been received before the start 

of the next program year and that has not yet been programmed;

    (B) Proceeds from Section 108 loan guarantees that will be used 

during the year to address the priority needs and specific objectives 

identified in its strategic plan;

    (C) Surplus from urban renewal settlements;

    (D) Grant funds returned to the line of credit for which the planned 

use has not been included in a prior statement or plan; and

    (E) Income from float-funded activities. The full amount of income 

expected to be generated by a float-funded activity must be shown, 

whether or not some or all of the income is expected to be received in a 

future program year. To assure that citizens understand the risks 

inherent in undertaking float-funded activities, the recipient must 

specify the total amount of program income expected to be received and 

the month(s) and year(s) that it expects the float-funded activity to 

generate such program income.

    (iii) An ``urgent needs'' activity (one that is expected to qualify 

under Sec.  570.208(c) of this title) may be included only if the 

jurisdiction identifies the activity in the action plan and certifies 

that the activity is designed



[[Page 569]]



to meet other community development needs having a particular urgency 

because existing conditions pose a serious and immediate threat to the 

health or welfare of the community and because other financial resources 

are not available.

    (iv) The plan shall identify the estimated amount of CDBG funds that 

will be used for activities that benefit persons of low- and moderate-

income. The information about activities shall be in sufficient detail, 

including location, to allow citizens to determine the degree to which 

they are affected.

    (2) HOME. (i) For HOME funds, a participating jurisdiction shall 

describe other forms of investment that are not described in Sec.  

92.205(b).

    (ii) If the participating jurisdiction intends to use HOME funds for 

homebuyers, it must state the guidelines for resale or recapture, as 

required in Sec.  92.254.

    (iii) If the participating jurisdiction intends to use HOME funds to 

refinance existing debt secured by multifamily housing that is being 

rehabilitated with HOME funds, it must state its refinancing guidelines 

required under 24 CFR 92.206(b). The guidelines shall describe the 

conditions under which the participating jurisdictions will refinance 

existing debt. At minimum, the guidelines must:

    (A) Demonstrate that rehabilitation is the primary eligible activity 

and ensure that this requirement is met by establishing a minimum level 

of rehabilitation per unit or a required ratio between rehabilitation 

and refinancing.

    (B) Require a review of management practices to demonstrate that 

disinvestment in the property has not occurred; that the long-term needs 

of the project can be met; and that the feasibility of serving the 

targeted population over an extended affordability period can be 

demonstrated.

    (C) State whether the new investment is being made to maintain 

current affordable units, create additional affordable units, or both.

    (D) Specify the required period of affordability, whether it is the 

minimum 15 years or longer.

    (E) Specify whether the investment of HOME funds may be 

jurisdiction-wide or limited to a specific geographic area, such as a 

neighborhood identified in a neighborhood revitalization strategy under 

24 CFR 91.215(g) or a federally designated Empowerment Zone or 

Enterprise Community.

    (F) State that HOME funds cannot be used to refinance multifamily 

loans made or insured by any federal program, including CDBG.

    (iv) If the participating jurisdiction will receive funding under 

the American Dream Downpayment Initiative (ADDI) (see 24 CFR part 92, 

subpart M), it must include:

    (A) A description of the planned use of the ADDI funds;

    (B) A plan for conducting targeted outreach to residents and tenants 

of public and manufactured housing and to other families assisted by 

public housing agencies, for the purposes of ensuring that the ADDI 

funds are used to provide downpayment assistance for such residents, 

tenants, and families; and

    (C) A description of the actions to be taken to ensure the 

suitability of families receiving ADDI funds to undertake and maintain 

homeownership.

    (3) HOPWA. For HOPWA funds, the jurisdiction must specify one-year 

goals for the number of households to be provided housing through the 

use of HOPWA activities for: short-term rent, mortgage, and utility 

assistance payments to prevent homelessness of the individual or family; 

tenant-based rental assistance; and units provided in housing facilities 

that are being developed, leased, or operated with HOPWA funds and shall 

identify the method of selecting project sponsors (including providing 

full access to grassroots faith-based and other community 

organizations).



[71 FR 6965, Feb. 9, 2006]