[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: 24CFR92.204]



[Page 604-605]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents

 

                     Subpart E_Program Requirements

 

Sec.  92.204  Applicability of requirements to entities that receive a 

reallocation of HOME funds, other than participating jurisdictions.



    (a) Jurisdictions other than participating jurisdictions and 

community housing development organizations receiving competitive 

reallocations from HUD are subject to the same requirements in subpart E 

(Program Requirements), subpart F (Project Requirements), subpart K 

(Program Administration), and subpart L (Performance Reviews and 

Sanctions) of this part as participating jurisdictions, except for the 

following:

    (1) Subpart E (Program Requirements): the matching contribution 

requirements in Sec.  92.218 through Sec.  92.221 do not apply.

    (2) Subpart K (Program Administration):

    (i) Section 92.500 (The HOME Investment Trust Fund) does not apply. 

HUD will establish a HOME account in the United States Treasury and the 

HOME funds must be used for approved activities. A local account must be 

established for program income. HUD will recapture HOME funds in the 

HOME Treasury account by the amount of:

    (A) Any funds that are not committed within 24 months after the last 

day of the month in which HUD notifies the entity of HUD's execution of 

the HOME Investment Partnership Agreement;

    (B) Any funds that are not expended within five years after the last 

day of the month in which HUD notifies the entity of HUD's execution of 

the HOME Investment Partnership Agreement; and

    (C) Any penalties assessed by HUD under Sec.  92.552.

    (ii) Section 92.502 (Program disbursement and information system) 

applies, except that references to the HOME Investment Trust Fund mean 

HOME account and the reference to 24 CFR part 58 does not apply. In 

addition, Sec.  92.502(c)



[[Page 605]]



does not apply, and instead, compliance with Treasury Circular No. 1075 

(31 CFR part 205) and 24 CFR 85.21 is required.

    (iii) Section 92.503 (Program income, repayments, and recaptured 

funds) applies, except that program income may be retained provided the 

funds are used for eligible activities in accordance with the 

requirements of this section.

    (3) Section 92.504 (Participating jurisdiction responsibilities; 

written agreements; on-site inspections) applies, except that the 

written agreement must ensure compliance with the requirements in this 

section.

    (4) Section 92.508 (Recordkeeping) applies with respect to the 

records that relate to the requirements of this section.

    (5) Section 92.509 (Performance reports) applies, except that a 

performance report is required only after completion of the approved 

projects.

    (b) The requirements in subpart H (Other Federal Requirements) of 

this part apply as written, except that jurisdictions and community 

housing development organizations receiving reallocations from HUD must 

comply with affirmative marketing requirements, labor requirements, and 

lead-based paint requirements, applicable to participating 

jurisdictions.

    (c) Subpart B (Allocation Formula), subpart C (Consortia; 

Designation and Revocation of Designation as a Participating 

Jurisdiction), and subpart G (Community Housing Development 

Organizations) of this part do not apply.

    (d) Subpart A (General) applies, except that for the definitions of 

commitment, program income, and subrecipient, ``participating 

jurisdiction'' means jurisdiction or community housing development 

organization receiving the competitive reallocation.



                   Eligible and Prohibited Activities