[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: 24CFR91.325]



[Page 580-583]

 

                 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 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



[[Page 581]]



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 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



[[Page 582]]



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 providing services for occupants of facilities 

assisted under the program; and

    (9) It is following a current HUD-approved consolidated plan.

    (10) A certification that the state has established a policy for the 

discharge of persons from publicly funded institutions or systems of 

care (such as health care facilities, foster care, or other youth 

facilities, or correction programs and institutions) in order to prevent 

such discharge from immediately resulting in homelessness for such 

persons.

    (d) HOME program. Each State must provide the following 

certifications:



[[Page 583]]



    (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 Sec. Sec.  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)



[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6970, Feb. 9, 2006]