[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: 24CFR92.101]



[Page 599-601]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents

 

  Subpart C_Consortia; Designation and Revocation of Designation as a 

                       Participating Jurisdiction

 

Sec.  92.101  Consortia.



    (a) A consortium of geographically contiguous units of general local 

government is a unit of general local government for purposes of this 

part if the requirements of this section are met.



[[Page 600]]



    (1) One or more members of a proposed consortium or an existing 

consortium whose consortium qualification terminates at the end of the 

fiscal year, must provide written notification to the HUD Field Office 

of its intent to participate as a consortium in the HOME Program for the 

following fiscal year. HUD shall establish the deadline for this 

submission.

    (2) The proposed consortium must provide, at such time and in a 

manner and form prescribed by HUD, the qualification documents, which 

will include submission of:

    (i) A written certification by the State that the consortium will 

direct its activities to alleviation of housing problems within the 

State; and

    (ii) Documentation which demonstrates that the consortium has 

executed one legally binding cooperation agreement among its members 

authorizing one member unit of general local government to act in a 

representative capacity for all member units of general local government 

for the purposes of this part and providing that the representative 

member assumes overall responsibility for ensuring that the consortium's 

HOME Program is carried out in compliance with the requirements of this 

part.

    (3) Before the end of the fiscal year in which the notice of intent 

and documentation are submitted, HUD must determine that a proposed 

consortium has sufficient authority and administrative capability to 

carry out the purposes of this part on behalf of its member 

jurisdictions. HUD will endeavor to make its determination as quickly as 

practicable after receiving the consortium's documentation in order to 

provide the consortium an opportunity to correct its submission, if 

necessary. If the submission is deficient, HUD will work with the 

consortium to resolve the issue, but will not delay the formula 

allocations. HUD, at its discretion, may review the performance of an 

existing consortium that wishes to requalify to determine whether it 

continues to have sufficient authority and administrative capacity to 

successfully administer the program.

    (b) A metropolitan city or an urban county may be a member of a 

consortium. A unit of general local government that is included in an 

urban county may be part of a consortium, only if the urban county joins 

the consortium. The included local government cannot join the consortium 

except through participation in the urban county.

    (c) A non-urban county may be a member of a consortium. However, the 

county cannot on its own include the whole county in the consortium. A 

unit of local government located within the non-urban county that wishes 

to participate as a member of the consortium must sign the HOME 

consortium agreement.

    (d) If the representative unit of general local government 

distributes HOME funds to member units of general local government, the 

representative unit is responsible for applying to the member units of 

general local government the same requirements as are applicable to 

subrecipients.

    (e) The consortium's qualification as a unit of general local 

government continues for a period of three successive Federal fiscal 

years, or until HUD revokes its designation as a participating 

jurisdiction, or until an urban county member fails to requalify under 

the CDBG program as an urban county for a fiscal year included in the 

consortium's qualification period, or the consortium fails to receive a 

HOME allocation for the first Federal fiscal year of the consortium's 

qualification period and does not request to be considered to receive a 

HOME allocation in each of the subsequent two years. However, if a 

member urban county's three year CDBG qualification cycle is not the 

same as the consortium, the consortium may elect a shorter qualification 

period than three years to synchronize with the urban county's 

qualification period. During the period of qualification, additional 

units of general local government may join the consortium, but no 

included unit of general local government may withdraw from the 

consortium. See 24 CFR part 91, subpart E, for consolidated plan 

requirements for consortia, including the requirement that all members 

of the consortia must be on the same program year.

    (f) The consortium agreement may, at the option of its member units 

of



[[Page 601]]



general local government, contain a provision that authorizes automatic 

renewals for the successive qualification period of three Federal fiscal 

years. The provision authorizing automatic renewal must require the lead 

consortium member to give the consortium members written notice of their 

right to elect not to continue participation for the new qualification 

period.



[61 FR 48750, Sept. 16, 1996, as amended at 67 FR 61756, Oct. 1, 2002]