[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: 24CFR91.425]



[Page 584-585]

 

                 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 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.



[[Page 585]]



    (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 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

    (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)