[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: 24CFR92.251]



[Page 620-621]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents

 

                     Subpart F_Project Requirements

 

Sec.  92.251  Property standards.



    (a) (1) Housing that is constructed or rehabilitated with HOME funds 

must meet all applicable local codes, rehabilitation standards, 

ordinances, and zoning ordinances at the time of project completion, 

except as provided in paragraph (b) of this section. The participating 

jurisdiction must have written standards for rehabilitation that ensure 

that HOME-assisted housing is decent, safe, and sanitary. In the absence 

of a local code for new construction or rehabilitation, HOME-assisted 

new construction or rehabilitation must meet, as applicable, one of 

three model codes: Uniform Building Code (ICBO), National Building Code 

(BOCA), Standard (Southern) Building Code (SBCCI); or the Council of 

American Building Officials (CABO) one or two family code; or the 

Minimum Property Standards (MPS) in 24 CFR 200.925 or 200.926. To avoid 

duplicative inspections when FHA financing is involved in a HOME-

assisted property, a participating jurisdiction may rely on a Minimum 

Property Standards (MPS) inspection performed by a qualified person. 

Newly constructed housing must meet the current edition of the Model 

Energy Code published by the Council of American Building Officials.

    (2) All other HOME-assisted housing (e.g., acquisition) must meet 

all applicable State and local housing quality standards and code 

requirements and if there are no such standards or code requirements, 

the housing must meet the housing quality standards in 24 CFR 982.401.

    (3) The housing must meet the accessibility requirements at 24 CFR 

part 8, which implements Section 504 of the Rehabilitation Act of 1973 

(29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR 

100.201, must also meet the design and construction requirements at 24 

CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619).

    (4) Construction of all manufactured housing must meet the 

Manufactured Home Construction and Safety Standards established in 24 

CFR part 3280. These standards pre-empt State and local codes covering 

the same aspects of performance for such housing. Participating 

jurisdictions providing HOME assistance to install manufactured housing 

units must comply with applicable State and local laws or codes. In the 

absence of such laws or codes, the participating jurisdiction must 

comply with the manufacturer's written instructions for installation of 

manufactured housing units. Manufactured housing that is rehabilitated 

using HOME funds must meet the requirements set out in paragraph (a)(1) 

of this section.

    (b) The following requirements apply to housing for homeownership 

that is to be rehabilitated after transfer of the ownership interest:

    (1) Before the transfer of the homeownership interest, the 

participating jurisdiction must:

    (i) Inspect the housing for any defects that pose a danger to 

health; and

    (ii) Notify the prospective purchaser of the work needed to cure the 

defects and the time by which defects must be cured and applicable 

property standards met.

    (2) The housing must be free from all noted health and safety 

defects before occupancy and not later than 6 months after the transfer.

    (3) The housing must meet the property standards in paragraph (a)(1) 

of this section not later than 2 years after transfer of the ownership 

interest.

    (c) An owner of rental housing assisted with HOME funds must 

maintain the housing in compliance with all applicable State and local 

housing quality standards and code requirements and if there are no such 

standards or code requirements, the housing must meet the housing 

quality standards in 24 CFR 982.401.



[[Page 621]]



    (d) All housing occupied by tenants receiving HOME tenant-based 

rental assistance must meet the housing quality standards in 24 CFR 

982.401.



[61 FR 48750, Sept. 16, 1996, as amended at 62 FR 28929, May 28, 1997]