**Consolidated Plan**

**Final Rule**

24 CFR Part 91

January 5, 1995

(updated through February 6, 2006 )

**TITLE 24\--HOUSING AND URBAN DEVELOPMENT**

**PART 91 CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS**

**Subpart A General**

Sec.

91.1 Purpose. 1

91.2 Applicability. 2

91.5 Definitions. 3-5

91.10 Consolidated program year. 5

91.15 Submission date. 5

91.20 Exceptions. 5

**Subpart B Citizen Participation and Consultation**

91.100 Consultation; local governments. 6-7

91.105 Citizen participation plan; local governments. 7-9

91.110 Consultation; states. 10

91.115 Citizen participation plan; States. 10-12

**Subpart C Local Governments; Contents of Consolidated Plan**

91.200 General. 13

91.205 Housing and homeless needs assessment. 13-14

91.210 Housing market analysis. 14-15

91.215 Strategic plan. 15-17

91.220 Action plan. 17-20

91.225 Certifications. 20-23

91.230 Monitoring. 23

91.235 Special case; abbreviated consolidated plan. 23-24

91.236 Special case; District of Columbia. 24

**Subpart D State Governments; Contents of Consolidated Plan**

91.300 General. 25

91.305 Housing and homeless needs assessment. 25-26

91.310 Housing market analysis. 26

91.315 Strategic plan. 27-29

91.320 Action plan. 29-31

91.325 Certifications. 32-34

91.330 Monitoring. 34-35

**Subpart E Consortia; Contents of Consolidated Plan**

91.400 Applicability. 35

91.401 Citizen participation plan. 35

91.402 Consolidated program year. 35

91.405 Housing and homeless needs assessment. 36

91.410 Housing market analysis. 36

91.415 Strategic plan. 36

91.420 Action plan. 36

91.425 Certifications. 36-37

91.430 Monitoring. 37

**Subpart F Other General Requirements**

91.500 HUD approval action. 38

91.505 Amendments to the consolidated plan. 38-39

91.510 Consistency determinations. 39

91.515 Funding determinations by HUD. 39

91.520 Performance reports. 40

91.525 Performance review by HUD. 40-41

91.600 Waiver authority. 41

Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.

Source: 60 FR 1896, Jan. 5, 1995, unless otherwise noted.

**TITLE 24\--HOUSING AND URBAN DEVELOPMENT**

**PART 91 CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS**

**Subpart A General**

**Sec. 91.1 Purpose.**

\(a\) Overall goals. (1) The overall goal of the community planning and
development programs covered by this part is to develop viable urban
communities by providing decent housing and a suitable living
environment and expanding economic opportunities principally for low-
and moderate-income persons. The primary means towards this end is to
extend and strengthen partnerships among all levels of government and
the private sector, including for-profit and non-profit organizations,
in the production and operation of affordable housing.

\(i\) Decent housing includes assisting homeless persons to obtain
appropriate housing and assisting persons at risk of becoming homeless;
retention of the affordable housing stock; and increasing the
availability of permanent housing in standard condition and affordable
cost to low-income and moderate-income families, particularly to members
of disadvantaged minorities, without discrimination on the basis of
race, color, religion, sex, national origin, familial status, or

disability. Decent housing also includes increasing the supply of
supportive housing, which combines structural features and services
needed to enable persons with special needs, including persons with
HIV/AIDS and their families, to live with dignity and independence; and

providing housing affordable to low-income persons accessible to job
opportunities.

\(ii\) A suitable living environment includes improving the safety and
livability of neighborhoods; increasing access to quality public and
private facilities and services; reducing the isolation of income groups
within a community or geographical area through the spatial
deconcentration of housing opportunities for persons of lower income and
the revitalization of deteriorating or deteriorated neighborhoods;
restoring and preserving properties of special historic, architectural,
or aesthetic value; and conservation of energy resources.

\(iii\) Expanded economic opportunities includes job creation and
retention; establishment, stabilization and expansion of small
businesses (including microbusinesses); the provision of public services
concerned with employment; the provision of jobs involved in carrying

out activities under programs covered by this plan to low-income persons
living in areas affected by those programs and activities; availability
of mortgage financing for low-income persons at reasonable rates using
nondiscriminatory lending practices; access to capital and credit for

development activities that promote the long-term economic and social
viability of the community; and empowerment and self-sufficiency
opportunities for low-income persons to reduce generational poverty in
federally assisted and public housing.

\(2\) The consolidated submission described in this part 91 requires the
jurisdiction to state in one document its plan to pursue these goals for
all the community planning and development programs, as well as for
housing programs. It is these goals against which the plan and the

jurisdiction\'s performance under the plan will be evaluated by HUD.

\(b\) Functions of plan. The consolidated plan serves the following
functions:

\(1\) A planning document for the jurisdiction, which builds on a
participatory process among citizens, organizations, businesses, and
other stakeholders;

\(2\) A submission for federal funds under HUD\'s formula grant programs
for jurisdictions;

\(3\) A strategy to be followed in carrying out HUD programs; and

\(4\) A management tool for assessing performance and tracking results.

\[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6961, Feb. 9, 2006\]

**Sec. 91.2 Applicability.**

\(a\) The following formula grant programs are covered by the
consolidated plan:

\(1\) The Community Development Block Grant (CDBG) programs (see 24 CFR
part 570, subparts D and I);

\(2\) The Emergency Shelter Grants (ESG) program (see 24 CFR part 576);

\(3\) The HOME Investment Partnerships (HOME) program (see 24 CFR part
92); and

\(4\) The Housing Opportunities for Persons With AIDS (HOPWA) program
(see 24 CFR part 574).

\(b\) The following programs require either that the jurisdiction
receiving funds directly from HUD have a consolidated plan that is
approved by HUD or that the application for HUD funds contain a
certification that the application is consistent with a HUD-approved

consolidated plan:

\(1\) The HOPE I Public Housing Homeownership (HOPE I) program (see 24
CFR Subtitle A, Appendix A);

\(2\) The HOPE II Homeownership of Multifamily Units (HOPE II) program
(see 24 CFR Subtitle A, Appendix B);

\(3\) The HOPE III Homeownership of Single Family Homes (HOPE III)
program (see 24 CFR part 572);

\(4\) The Low-Income Housing Preservation (prepayment avoidance
incentives) program, when administered by a State agency (see 24 CFR
248.177);

\(5\) The Supportive Housing for the Elderly (Section 202) program (see
24 CFR part 889);

\(6\) The Supportive Housing for Persons with Disabilities program (see
24 CFR part 890);

\(7\) The Supportive Housing program (see 24 CFR part 583);

\(8\) The Single Room Occupancy Housing (SRO) program (see 24 CFR part
882, subpart H);

\(9\) The Shelter Plus Care program (see 24 CFR part 582);

\(10\) The Community Development Block Grant program\--Small Cities (see
24 CFR part 570, subpart F);

\(11\) HOME program reallocations;

\(12\) Revitalization of Severely Distressed Public Housing (section 24
of the United States Housing Act of 1937, (42 U.S.C. 1437 et seq.));

\(13\) Hope for Youth: Youthbuild (see 24 CFR part 585);

\(14\) The John Heinz Neighborhood Development program (see 24 CFR part
594);

\(15\) The \`\`Lead-Based Paint Hazard Reduction Program (see 42 U.S.C.
4852(o));\'\'

\(16\) Grants for Regulatory Barrier Removal Strategies and
Implementation (section 1204, Housing and Community Development Act of
1992 (42 U.S.C. 12705c)); and

\(17\) Competitive grants under the Housing Opportunities for Persons
With AIDS (HOPWA) program (see 24 CFR part 574).

\(c\) Other programs do not require consistency with an approved
consolidated plan. However, HUD funding allocations for the Section 8
Certificate and Voucher Programs are to be made in a way that enables
participating jurisdictions to carry out their consolidated plans.

\(d\) The Public Housing Agency Plan submission (PHA Plan) (see 24 CFR
part 903) includes a certification by the appropriate state or local
official that the PHA Plan is consistent with the applicable
consolidated plan for the jurisdiction in which the public housing
agency is located and must describe the manner in which the applicable
contents of the PHA Plan are consistent with the consolidated plan.

\[60 FR 1896, Jan. 5, 1995, as amended at 60 FR 16379, Mar. 30, 1995; 64

FR 50223, Sept. 15, 1999; 71 FR 6961, Feb. 9, 2006\]

**Sec. 91.5 Definitions.**

The terms Elderly person and HUD are defined in 24 CFR part 5.

Certification. A written assertion, based on supporting evidence, that
must be kept available for inspection by HUD, by the Inspector General
of HUD, and by the public. The assertion shall be deemed to be accurate
unless HUD determines otherwise, after inspecting the evidence and
providing due notice and opportunity for comment.

Chronically homeless person. An unaccompanied homeless individual with a
disabling condition who has been continuously homeless for a year or
more, or has had at least four episodes of homelessness in the past
three years. To be considered chronically homeless, a person must have
been sleeping in a place not meant for human habitation (e.g., living on
the streets) and/or in an emergency shelter during that time.

Consolidated plan or (\`\`the plan\'\'). The document that is submitted
to HUD that serves as the comprehensive housing affordability strategy,
community development plan, and submissions for funding under any of the
Community Planning and Development formula grant programs (e.g., CDBG,
ESG, HOME, and HOPWA), that is prepared in accordance with the process

described in this part.

Consortium. An organization of geographically contiguous units of
general local government that are acting as a single unit of general
local government for purposes of the HOME program (see 24 CFR part 92).

Cost burden. The extent to which gross housing costs, including utility
costs, exceed 30 percent of gross income, based on data available from
the U.S. Census Bureau.

Disabling condition. For the purposes of chronic homelessness, a
disabling condition is a diagnosable substance use disorder, serious
mental illness, developmental disability, or chronic physical illness or
disability, including the co-occurrence of two or more of these
conditions. A disabling condition limits an individual\'s ability to
work or perform one or more activities of daily living.

Emergency shelter. Any facility with overnight sleeping accommodations,
the primary purpose of which is to provide temporary shelter for the
homeless in general or for specific populations of the homeless.

Extremely low-income family. Family whose income is between 0 and 30
percent of the median income for the area, as determined by HUD with
adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 30 percent of the median
for the area on the basis of HUD\'s findings that such variationsare
necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes.

Homeless family with children. A family composed of the following types
of homeless persons: at least one parent or guardian and one child under
the age of 18; a pregnant woman; or a person in the process of securing
legal custody of a person under the age of 18.

Homeless person. A youth (17 years or younger) not accompanied by an
adult (18 years or older) or an adult without children, who is homeless
(not imprisoned or otherwise detained pursuant to an Act of Congress or
a State law), including the following:

\(1\) An individual who lacks a fixed, regular, and adequate nighttime
residence; and

\(2\) An individual who has a primary nighttime residence that is:

\(i\) A supervised publicly or privately operated shelter designed to
provide temporary living accommodations (including welfare hotels,
congregate shelters, and transitional housing for the mentally ill);

\(ii\) An institution that provides a temporary residence for
individuals intended to be institutionalized; or

\(iii\) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.

Homeless subpopulations. Include but are not limited to the following
categories of homeless persons: severely mentally ill only, alcohol/drug
addicted only, severely mentally ill and alcohol/drug addicted, fleeing
domestic violence, youth, and persons with HIV/AIDS.

Jurisdiction. A State or unit of general local government.

Large family. Family of five or more persons.

Lead-based paint hazards means lead-based paint hazards as defined in
part 35, subpart B of this title.

Low-income families. Low-income families whose incomes do not exceed 50
percent of the median family income for the area, as determined by HUD
with adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 50 percent of the median
for the area on the basis of HUD\'s findings that such variations are
necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes.

Middle-income family. Family whose income is between 80 percent and 95
percent of the median income for the area, as determined by HUD, with
adjustments for smaller and larger families, except that HUD may
establish income ceilings higher or lower than 95 percent of the median
for the area on the basis of HUD\'s findings that such variations are
necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes. (This corresponds
to the term \`\`moderate income family\'\' under the CHAS statute, 42
U.S.C. 12705.)

Moderate-income family. Family whose income does not exceed 80 percent
of the median income for the area, as determined by HUD with adjustments
for smaller and larger families, except that HUD may establish income
ceilings higher or lower than 80 percent of the median

for the area on the basis of HUD\'s findings that such variations are
necessary because of prevailing levels of construction costs or fair
market rents, or unusually high or low family incomes.

Overcrowding. For purposes of describing relative housing needs, a
housing unit containing more than one person per room, as defined by the
U.S. Census Bureau, for which data are made available by the Census
Bureau. (See 24 CFR 791.402(b).)

Person with a disability. A person who is determined to:

\(1\) Have a physical, mental or emotional impairment that:

\(i\) Is expected to be of long-continued and indefinite duration;

\(ii\) Substantially impedes his or her ability to live independently;

and

\(iii\) Is of such a nature that the ability could be improved by more

suitable housing conditions; or

\(2\) Have a developmental disability, as defined in section 102(7) of
the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001-6007); or

\(3\) Be the surviving member or members of any family that had been
living in an assisted unit with the deceased member of the family who
had a disability at the time of his or her death.

Poverty level family. Family with an income below the poverty line, as
defined by the Office of Management and Budget and revised annually.

Severe cost burden. The extent to which gross housing costs, including
utility costs, exceed 50 percent of gross income, based on data
available from the U.S. Census Bureau.

State. Any State of the United States and the Commonwealth of Puerto
Rico.

Transitional housing. A project that is designed to provide housing and
appropriate supportive services to homeless persons to facilitate
movement to independent living within 24 months, or a longer period
approved by HUD. For purposes of the HOME program, there is no HUD-

approved time period for moving to independent living.

Unit of general local government. A city, town, township, county,
parish, village, or other general purpose political subdivision of a
State; an urban county; and a consortium of such political subdivisions
recognized by HUD in accordance with the HOME program (24 CFR part 92)
or the CDBG program (24 CFR part 570).

Urban county. See definition in 24 CFR 570.3.

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995, as amended at 61
FR 5205, Feb. 9, 1996; 64 FR 50223, Sept. 15, 1999; 71 FR 6961, Feb. 9,
2006\]

**Sec. 91.10 Consolidated program year.**

\(a\) Each of the following programs shall be administered by a
jurisdiction on a single consolidated program year, established by the
jurisdiction: CDBG, ESG, HOME, and HOPWA. Except as provided in
paragraph (b) of this section, the program year shall run for a twelve

month period and begin on the first calendar day of a month.

\(b\) Once a program year is established, the jurisdiction may either
shorten or lengthen its program year to change the beginning date of the
following program year, provided that it notifies HUD in writing at
least two months before the date the program yea would have ended if it

had not been lengthened or at least two months before the end of a
proposed shortened program year.

\(c\) See subpart E of this part for requirements concerning program
year for units of general local government that are part of a
consortium.

**Sec. 91.15 Submission date.**

\(a\) General. (1) In order to facilitate continuity in its program and
to provide accountability to citizens, each jurisdiction should submit
its consolidated plan to HUD at least 45 days before the start of its
program year. (But see Sec. 92.104 of this subtitle with respect to
newly eligible jurisdictions under the HOME program.) With the exception
of the August 16 date noted in paragraph (a)(2) of this section, HUD may
grant a jurisdiction an extension of the submission deadline for good
cause.

\(2\) In no event will HUD accept a submission earlier than November 15
or later than August 16 of the federal fiscal year for which the grant
funds are appropriated. Failure to receive the plan by August 16 will
automatically result in a loss of the CDBG funds to which the
jurisdiction would otherwise be entitled.

\(3\) A jurisdiction may have a program year that coincides with the
federal fiscal year (e.g., October 1, 2005 through September 30, 2006,
for federal fiscal year 2006 funds). However, the consolidated plan may
not be submitted earlier than November 15 of the federal fiscal year and

HUD has the period specified in Sec. 91.500 to review the consolidated
plan.

\(4\) See Sec. 91.20 for HUD field office authorization to grant
exceptions to these provisions.

\(b\) Frequency of submission. (1) The summary of the citizen
participation and consultation process, the action plan, and the
certifications must be submitted on an annual basis.

\(2\) The housing, and homeless needs assessment, market analysis, and
strategic plan must be submitted at least once every five years, or as
such time agreed upon by HUD and the jurisdiction in order to facilitate
orderly program management, coordinate consolidated plans with time

periods used for cooperation agreements, other plans, or the
availability of data.

\(3\) A jurisdiction may make amendments that extend the time period
covered by their plan if agreed upon by HUD.

\[71 FR 6961, Feb. 9, 2006\]

**Sec. 91.20 Exceptions.**

The HUD Field Office may grant a jurisdiction an exception from the
submission deadline for plans and reports and from a requirement in the
implementation guidelines for good cause, as determined by the field
office and reported in writing to HUD Headquarters, unless the

requirement is required by statute or regulation.

\[71 FR 6962, Feb. 9, 2006\]

**Subpart B Citizen Participation and Consultation**

**Sec. 91.100 Consultation; local governments.**

\(a\) General. (1) When preparing the consolidated plan, the
jurisdiction shall consult with other public and private agencies that
provide assisted housing, health services, and social and fair housing
services (including those focusing on services to children, elderly
persons, persons with disabilities, persons with HIV/AIDS and their
families, homeless persons) during preparation of the consolidated plan.

\(2\) When preparing the portion of the consolidated plan describing the
jurisdiction\'s homeless strategy, the jurisdiction shall consult with
public and private agencies that provide assisted housing, health
services, and social services to determine what resources are available
to address the needs of any persons that are chronically homeless.

\(3\) When preparing the portion of its consolidated plan concerning
lead-based paint hazards, the jurisdiction shall consult with state or
local health and child welfare agencies and examine existing data
related to lead-based paint hazards and poisonings, including health
department data on the addresses of housing units in which children have
been identified as lead poisoned.

\(4\) When preparing the description of priority nonhousing community
development needs, a unit of general local government must notify
adjacent units of general local government, to the extent practicable.

The nonhousing community development plan must be submitted to the
state, and, if the jurisdiction is a CDBG entitlement grantee other than
an urban county, to the county.

\(5\) The jurisdiction also should consult with adjacent units of
general local government, including local government agencies with
metropolitan-wide planning responsibilities, particularly for problems
and solutions that go beyond a single jurisdiction.

\(b\) HOPWA. The largest city in each eligible metropolitan statistical
area (EMSA) that is eligible to receive a HOPWA formula allocation must
consult broadly to develop a metropolitan-wide strategy for addressing
the needs of persons with HIV/AIDS and their families living throughout
the EMSA. All jurisdictions within the EMSA must assist the jurisdiction
that is applying for a HOPWA allocation in the preparation of the HOPWA
submission.

\(c\) Public housing. The jurisdiction shall consult with the local
public housing agency (PHA) concerning consideration of public housing
needs and planned programs and activities. This consultation will help
provide a better basis for the certification by the authorized official
that the PHA Plan is consistent with the consolidated plan and the local
government\'s description of the manner in which it will address the
needs of public housing and, where necessary, the manner in which it
will provide financial or other assistance to a troubled PHA to improve
its operations and remove such designation. It will also help ensure
that activities with regard to local drug elimination, neighborhood
improvement programs, and resident programs and services, funded under a
PHA\'s program and those funded under a program covered by the
consolidated plan, are fully coordinated to achieve comprehensive
community development goals. If a PHA is required to implement remedies
under a Section 504 Voluntary Compliance Agreement to provide accessible
units for persons with disabilities, the local jurisdiction should
consult with the PHA and identify actions it may take, if any, to assist
the PHA in implementing the required remedies. A local jurisdiction may
use CDBG funds for eligible activities or other funds to implement
remedies required under a Section 504 Voluntary Compliance Agreement.

\[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6962, Feb. 9, 2006\]

**Sec. 91.105 Citizen participation plan; local governments.**

\(a\) Applicability and adoption of the citizen participation plan.

\(1\) The jurisdiction is required to adopt a citizen participation plan
that sets forth the jurisdiction\'s policies and procedures for citizen
participation. (Where a jurisdiction, before February 6, 1995, adopted a
citizen participation plan that complies with section 104(a)(3) of the
Housing and Community Development Act of 1974 (42 U.S.C. 5304(A)(3)) but
will need to amend the citizen participation plan to comply with
provisions of this section, the citizen participation plan shall be

amended by the first day of the jurisdiction\'s program year that begins
on or after 180 days following February 6, 1995.)

\(2\) Encouragement of citizen participation. (i) The citizen
participation plan must provide for and encourage citizens to
participate in the development of the consolidated plan, any substantial

amendments to the consolidated plan, and the performance report.

\(ii\) These requirements are designed especially to encourage
participation by low- and moderate-income persons, particularly those
living in slum and blighted areas and in areas where CDBG funds are
proposed to be used, and by residents of predominantly low- and
moderate-income neighborhoods, as defined by the jurisdiction. A
jurisdiction also is expected to take whatever actions are appropriate
to encourage the participation of all its citizens, including minorities
and non-English speaking persons, as well as persons with disabilities.
The jurisdiction shall encourage the participation of local and regional
institutions and other organizations (including businesses, developers,
and community and faith-based organizations) in the process of
developing and implementing the consolidated plan. The jurisdiction
should also explore alternative public involvement techniques and
quantitative ways to measure efforts that encourage citizen
participation in a shared vision for change in communities and
neighborhoods, and the review of program performance, e.g., use of focus
groups, and use of the Internet.

\(iii\) The jurisdiction shall encourage, in conjunction with
consultation with public housing agencies, the participation of
residents of public and assisted housing developments, in the process of
developing and implementing the consolidated plan, along with other low-

income residents of targeted revitalization areas in which the
developments are located. The jurisdiction shall make an effort to
provide information to the public housing agency about consolidated plan
activities related to its developments and surrounding communities so
that the public housing agency can make this information available at
the annual public hearing required for the PHA Plan.

\(3\) Citizen comment on the citizen participation plan and amendments.
The jurisdiction must provide citizens with a reasonable opportunity to
comment on the original citizen participation plan and on substantial
amendments to the citizen participation plan, and must make the citizen
participation plan public. The citizen participation plan must be in a
format accessible to persons with disabilities, upon request.

\(b\) Development of the consolidated plan. The citizen participation
plan must include the following minimum requirements for the development
of the consolidated plan.

\(1\) The citizen participation plan must require that, before the
jurisdiction adopts a consolidated plan, the jurisdiction will make
available to citizens, public agencies, and other interested parties
information that includes the amount of assistance the jurisdiction
expects to receive (including grant funds and program income) and the
range of activities that may be undertaken, including the estimated
amount that will benefit persons of low- and moderate-income. The
citizen participation plan also must set forth the jurisdiction\'s plans
to minimize displacement of persons and to assist any persons displaced,
specifying the types and levels of assistance the jurisdiction will make
available (or require others to make available) to persons displaced,
even if the jurisdiction expects no displacement to occur. The citizen
participation plan must state when and how the jurisdiction will make
this information available.

\(2\) The citizen participation plan must require the jurisdiction to
publish the proposed consolidated plan in a manner that affords
citizens, public agencies, and other interested parties a reasonable
opportunity to examine its contents and to submit comments. The citizen
participation plan must set forth how the jurisdiction will publish the
proposed consolidated plan and give reasonable opportunity to examine
the contents of the proposed consolidated plan. The requirement for
publishing may be met by publishing a summary of the proposed
consolidated plan in one or more newspapers of general circulation, and
by making copies of the proposed consolidated plan available at
libraries, government offices, and public places. The summary must
describe the contents and purpose of the consolidated plan, and must
include a list of the locations where copies of the entire proposed
consolidated plan may be examined. In addition, the jurisdiction must
provide a reasonable number of free copies of the plan to citizens and
groups that request it.

\(3\) The citizen participation plan must provide for at least one
public hearing during the development of the consolidated plan. See
paragraph (e) of this section for public hearing requirements,
generally.

\(4\) The citizen participation plan must provide a period, not less
than 30 days, to receive comments from citizens on the consolidated
plan.

\(5\) The citizen participation plan shall require the jurisdiction to
consider any comments or views of citizens received in writing, or
orally at the public hearings, in preparing the final consolidated plan.

A summary of these comments or views, and a summary of any comments or
views not accepted and the reasons therefor, shall be attached to the
final consolidated plan.

\(c\) Amendments\--(1) Criteria for amendment to consolidated plan. The
citizen participation plan must specify the criteria the jurisdiction
will use for determining what changes in the jurisdiction\'s planned or
actual activities constitute a substantial amendment to the consolidated

plan. (See Sec. 91.505.) It must include among the criteria for a
substantial amendment changes in the use of CDBG funds from one eligible
activity to another.

\(2\) The citizen participation plan must provide citizens with
reasonable notice and an opportunity to comment on substantial
amendments. The citizen participation plan must state how reasonable
notice and an opportunity to comment will be given. The citizen
participation plan must provide a period, not less than 30 days, to
receive comments on the substantial amendment before the amendment is
implemented.

\(3\) The citizen participation plan shall require the jurisdiction to
consider any comments or views of citizens received in writing, or
orally at public hearings, if any, in preparing the substantial
amendment of the consolidated plan. A summary of these comments or
views, and a summary of any comments or views not accepted and the
reasons therefor, shall be attached to the substantial amendment of the
consolidated plan.

\(d\) Performance reports. (1) The citizen participation plan must
provide citizens with reasonable notice and an opportunity to comment on
performance reports. The citizen participation plan must state how
reasonable notice and an opportunity to comment will be given. The
citizen participation plan must provide a period, not less than 15 days,
to receive comments on the performance report that is to be submitted to
HUD before its submission.

\(2\) The citizen participation plan shall require the jurisdiction to
consider any comments or views of citizens received in writing, or
orally at public hearings in preparing the performance report. A summary
of these comments or views shall be attached to the performance report.

\(e\) Public hearings. (1) The citizen participation plan must provide
for at least two public hearings per year to obtain citizens\' views and
to respond to proposals and questions, to be conducted at a minimum of
two different stages of the program year. Together, the hearings must

address housing and community development needs, development of proposed
activities, and review of program performance. To obtain the views of
citizens on housing and community development needs, including priority
nonhousing community development needs, the citizen participation plan
must provide that at least one of these hearings is held before the
proposed consolidated plan is published for comment.

\(2\) The citizen participation plan must state how and when adequate
advance notice will be given to citizens of each hearing, with
sufficient information published about the subject of the hearing to
permit informed comment. (Publishing small print notices in the
newspaper a few days before the hearing does not constitute adequate
notice. Although HUD is not specifying the length of notice required, it
would consider two weeks adequate.)

\(3\) The citizen participation plan must provide that hearings be held
at times and locations convenient to potential and actual beneficiaries,
and with accommodation for persons with disabilities. The citizen
participation plan must specify how it will meet these requirements.

\(4\) The citizen participation plan must identify how the needs of
non-English speaking residents will be met in the case of public
hearings where a significant number of non-English speaking residents
can be reasonably expected to participate.

\(f\) Meetings. The citizen participation plan must provide citizens
with reasonable and timely access to local meetings.

\(g\) Availability to the public. The citizen participation plan must
provide that the consolidated plan as adopted, substantial amendments,
and the performance report will be available to the public, including
the availability of materials in a form accessible to persons with
disabilities, upon request. The citizen participation plan must state
how these documents will be available to the public.

\(h\) Access to records. The citizen participation plan must require the
jurisdiction to provide citizens, public agencies, and other interested
parties with reasonable and timely access to information and records
relating to the jurisdiction\'s consolidated plan and the
jurisdiction\'s use of assistance under the programs covered by this
part during the preceding five years.

\(i\) Technical assistance. The citizen participation plan must provide
for technical assistance to groups representative of persons of low- and
moderate-income that request such assistance in developing proposals for
funding assistance under any of the programs covered by the consolidated
plan, with the level and type of assistance determined by the
jurisdiction. The assistance need not include the provision of funds to
the groups.

\(j\) Complaints. The citizen participation plan shall describe the
jurisdiction\'s appropriate and practicable procedures to handle
complaints from citizens related to the consolidated plan, amendments,
and performance report. At a minimum, the citizen participation plan
shall require that the jurisdiction must provide a timely, substantive
written response to every written citizen complaint, within an
established period of time (within 15 working days, where practicable,

if the jurisdiction is a CDBG grant recipient).

\(k\) Use of citizen participation plan. The jurisdiction must follow
its citizen participation plan.

\(l\) Jurisdiction responsibility. The requirements for citizen
participation do not restrict the responsibility or authority of the
jurisdiction for the development and execution of its consolidated plan.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 10427, Feb. 24, 1995, as amended at 71
FR 6962, Feb. 9, 2006\]

**Sec. 91.110 Consultation; states.**

When preparing the consolidated plan, the state shall consult with other
public and private agencies that provide assisted housing (including any
state housing agency administering public housing), health services, and
social and fair housing services (including those focusing on services
to children, elderly persons, persons with disabilities, persons with
HIV/AIDS and their families, and homeless persons) during preparation of
the consolidated plan. When preparing the

portion of the consolidated plan describing the state\'s homeless
strategy, the state shall consult with public and private agencies that
provide assisted housing, health services, and social services to
determine what resources are available to address the needs of any
persons that are chronically homeless. When preparing the portion of its
consolidated plan concerning lead-based paint hazards, the state shall
consult with state or local health and child welfare agencies and
examine existing data related to lead-based paint hazards and
poisonings, including health department data on the addresses of housing
units in which children have been identified as lead poisoned. When
preparing its method of distribution of assistance under the CDBG
program, a state must consult with local governments in nonentitlement
areas of the state.

\[71 FR 6962, Feb. 9, 2006\]

**Sec. 91.115 Citizen participation plan; States.**

\(a\) Applicability and adoption of the citizen participation plan. (1)
The State is required to adopt a citizen participation plan that sets
forth the State\'s policies and procedures for citizen participation.
(Where a State, before March 6, 1995, adopted a citizen participation
plan that complies with section 104(a)(3) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304(A)(3)) but will need to amend
the citizen participation plan to comply with provisions of this
section, the citizen participation plan shall be amended by the first
day of the State\'s program year that begins on or after 180 days
following March 6, 1995.)

\(2\) Encouragement of citizen participation. The citizen participation
plan must provide for and encourage citizens to participate in the
development of the consolidated plan, any substantial

amendments to the consolidated plan, and the performance report. These
requirements are designed especially to encourage participation by low-
and moderate-income persons, particularly those living in slum and
blighted areas and in areas where CDBG funds are proposed to be used and
by residents of predominantly low- and moderate-income neighborhoods. A
state also is expected to take whatever actions are appropriate to
encourage the participation of all its citizens, including minorities
and non-English speaking persons, as well as persons with disabilities.
The state shall encourage the participation of statewide and regional
institutions and other organizations (including businesses, developers,
and community and faith-based organizations) that are involved with or
affected by the programs or activities covered by the consolidated plan

in the process of developing and implementing the consolidated plan. The
state should also explore alternative public involvement techniques that
encourage a shared vision of change for the community and the review of
program performance, e.g., use of focus groups, and use of Internet.

\(3\) Citizen and local government comment on the citizen participation
plan and amendments. The State must provide citizens and units of
general local government a reasonable opportunity to comment on the
original citizen participation plan and on substantial amendments to the
citizen participation plan, and must make the citizen participation plan
public. The citizen participation plan must be in a format accessible to
persons with disabilities, upon request.

\(b\) Development of the consolidated plan. The citizen participation
plan must include the following minimum requirements for the development
of the consolidated plan.

\(1\) The citizen participation plan must require that, before the State
adopts a consolidated plan, the State will make available to citizens,
public agencies, and other interested parties information that includes
the amount of assistance the State expects to receive and the range of
activities that may be undertaken, including the estimated amount that
will benefit persons of low- and moderate-income and the plans to
minimize displacement of persons and to assist any persons

displaced. The citizen participation plan must state when and how the
State will make this information available.

\(2\) The citizen participation plan must require the State to publish
the proposed consolidated plan in a manner that affords citizens, units
of general local governments, public agencies, and other interested
parties a reasonable opportunity to examine its contents and to submit
comments.

The citizen participation plan must set forth how the State will publish
the proposed consolidated plan and give reasonable opportunity to
examine the contents of the proposed consolidated plan. The requirement
for publishing may be met by publishing a summary of the proposed
consolidated plan in one or more newspapers of general circulation, and
by making copies of the

proposed consolidated plan available at libraries, government offices,
and public places. The summary must describe the contents and purpose of
the consolidated plan, and must include a list of the locations where
copies of the entire proposed consolidated plan may be examined. In
addition, the State must provide a reasonable number of free copies of
the plan to citizens and groups that request it.

\(3\) The citizen participation plan must provide for at least one
public hearing on housing and community development needs before the
proposed consolidated plan is published for comment.

\(i\) The citizen participation plan must state how and when adequate
advance notice will be given to citizens of the hearing, with sufficient
information published about the subject of the hearing to permit
informed comment. (Publishing small print notices in the newspaper a few

days before the hearing does not constitute adequate notice. Although
HUD is not specifying the length of notice required, it would consider
two weeks adequate.)

\(ii\) The citizen participation plan must provide that the hearing be
held at a time and location convenient to potential and actual
beneficiaries, and with accommodation for persons with disabilities. The
citizen participation plan must specify how it will meet these
requirements.

\(iii\) The citizen participation plan must identify how the needs of
non-English speaking residents will be met in the case of a public
hearing where a significant number of non-English speaking residents can
be reasonably expected to participate.

\(4\) The citizen participation plan must provide a period, not less
than 30 days, to receive comments from citizens and units of general
local government on the consolidated plan.

\(5\) The citizen participation plan shall require the State to consider
any comments or views of citizens and units of general received in
writing, or orally at the public hearings, in preparing the final
consolidated plan. A summary of these comments or views, and a summary
of any comments or views not accepted and the reasons therefore, shall
be attached to the final consolidated plan.

\(c\) Amendments\--(1) Criteria for amendment to consolidated plan. The
citizen participation plan must specify the criteria the State will use
for determining what changes in the State\'s planned or actual
activities constitute a substantial amendment to the consolidated plan.
(See Sec.

91.505.) It must include among the criteria for a substantial amendment
changes in the method of distribution of such funds.

\(2\) The citizen participation plan must provide citizens and units of
general local government with reasonable notice and an opportunity to
comment on substantial amendments. The citizen participation plan must
state how reasonable notice and an opportunity to comment will be given.

The citizen participation plan must provide a period, not less than 30
days, to receive comments on the substantial amendment before the
amendment is implemented.

\(3\) The citizen participation plan shall require the State to consider
any comments or views of citizens and units of general local government
received in writing, or orally at public hearings, if any, in preparing
the substantial amendment of the consolidated plan. A summary of these
comments or views, and a summary of any comments or views not accepted
and the reasons therefore, shall be attached to the substantial
amendment of the consolidated plan.

\(d\) Performance Reports. (1) The citizen participation plan must
provide citizens with reasonable notice and an opportunity to comment on
performance reports. The citizen participation plan must state how
reasonable notice and an opportunity to comment will be given. The
citizen participation plan must provide a period, not less than 15 days,
to receive comments on the performance report that is to be submitted to
HUD before its submission.

\(2\) The citizen participation plan shall require the state to consider
any comments or views of citizens received in writing, or orally at
public hearings in preparing the performance report. A summary of these
comments or views shall be attached to the performance report.

\(e\) Citizen participation requirements for local governments. The
citizen participation plan must describe the citizen participation
requirements for units of general local government receiving CDBG funds
from the State in 24 CFR 570.486. The citizen participation plan must

explain how the requirements will be met.

\(f\) Availability to the public. The citizen participation plan must
provide that the consolidated plan as adopted, substantial amendments,
and the performance report will be available to the public, including
the availability of materials in a form accessible to persons with
disabilities, upon request. The citizen participation plan must state
how these documents will be available to the public.

\(g\) Access to records. The citizen participation plan must require the
state to provide citizens, public agencies, and other interested parties
with reasonable and timely access to information and records relating to
the state\'s consolidated plan and the state\'s use of assistance under
the programs covered by this part during the preceding five years.

\(h\) Complaints. The citizen participation plan shall describe the
State\'s appropriate and practicable procedures to handle complaints
from citizens related to the consolidated plan, amendments, and
performance report. At a minimum, the citizen participation plan shall
require that the State must provide a timely, substantive written
response to every written citizen complaint, within an established
period of time (within 15 working days, where practicable, if the State
is a CDBG grant recipient).

\(i\) Use of citizen participation plan. The State must follow its
citizen participation plan.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6963, Feb. 9, 2006\]

**Subpart C Local Governments; Contents of Consolidated Plan**

**Sec. 91.200 General.**

\(a\) A complete consolidated plan consists of the information required
in Sec. 91.200 through Sec. 91.230, submitted in accordance with
instructions prescribed by HUD (including tables and narratives), or in
such other format as jointly agreed upon by HUD and the jurisdiction. A
comprehensive housing affordability strategy consists of the information
required in Sec. 91.200 through Sec. 91.215(e), Sec. 91.215(h) through
Sec. 91.215(l), Sec. 91.220(c), Sec. 91.220(g),

Sec. 91.225 and Sec. 91.230.

\(b\) The jurisdiction shall describe the lead agency or entity
responsible for overseeing the development of the plan and the
significant aspects of the process by which the consolidated plan was
developed, the identity of the agencies, groups, organizations, and
others who participated in the process, and a description of the
jurisdiction\'s consultations with social service, health, and child
service agencies and other entities.

\(c\) In order to facilitate citizen review and comment each year, the
plan shall contain a concise executive summary that includes the
objectives and outcomes identified in the plan as well as an evaluation
of past performance. The plan shall also include a concise summary of
the citizen participation process, public comments, and efforts made to
broaden public participation in the development of the consolidated
plan.

\[71 FR 6963, Feb. 9, 2006\]

**Sec. 91.205 Housing and homeless needs assessment.**

\(a\) General. The consolidated plan must provide a concise summary of
the jurisdiction\'s estimated housing needs projected for the ensuing
five-year period. Housing data included in this portion of the plan
shall be based on U.S. Census data, as provided by HUD, as updated by
any properly conducted local study, or any other reliable source that
the jurisdiction clearly identifies, and should reflect the consultation
with social service agencies and other entities conducted in accordance
with Sec. 91.100 and the citizen participation process conducted in
accordance with Sec. 91.105. For a jurisdiction seeking funding on
behalf of an eligible metropolitan statistical area under the HOPWA
program, the needs described for housing and supportive services must
address the unmet needs of low-income persons with HIV/AIDS and their
families throughout

the eligible metropolitan statistical area.

\(b\) Categories of persons affected. (1) The plan shall estimate the
number and type of families in need of housing assistance for extremely
low-income, low-income, moderate-income, and middle-income families, for
renters and owners, for elderly persons, for single persons, for large

families, for public housing residents, for families on the public
housing and section 8 tenant-based waiting list, for persons with
HIV/AIDS and their families, and for persons with disabilities. The
description of housing needs shall include a concise summary of the cost

burden and severe cost burden, overcrowding (especially for large
families), and substandard housing conditions being experienced by
extremely low-income, low-income, moderate-income, and middle-income
renters and owners compared to the jurisdiction as a whole. (The

jurisdiction must define in its consolidated plan the terms \`\`standard
condition\'\' and \`\`substandard condition but suitable for
rehabilitation.\'\')

\(2\) For any of the income categories enumerated in paragraph (b)(1) of
this section, to the extent that any racial or ethnic group has
disproportionately greater need in comparison to the needs of that
category as a whole, assessment of that specific need shall be included.
For this purpose, disproportionately greater need exists when the
percentage of persons in a category of need who are members of a
particular racial or ethnic group in a category of need is at least 10

percentage points higher than the percentage of persons in the category
as a whole.

\(c\) Homeless needs. The plan must provide a concise summary of the
nature and extent of homelessness (including rural homelessness and
chronically homeless persons), addressing separately the need for
facilities and services for homeless individuals and homeless families

with children, both sheltered and unsheltered, and homeless
subpopulations, in accordance with a table prescribed by HUD. This
description must include the characteristics and needs of low-income
individuals and families with children (especially extremely low-income)
who are currently housed but threatened with homelessness. The plan also
must contain a brief narrative description of the nature and extent of
homelessness by racial and ethnic group, to the extent information is
available.

\(d\) Other special needs. (1) The jurisdiction shall estimate, to the
extent practicable, the number of persons who are not homeless but
require supportive housing, including the elderly, frail elderly,
persons with disabilities (mental, physical, developmental), persons
with alcohol or other drug addiction, persons with HIV/AIDS and their
families, public housing residents, and any other categories the
jurisdiction may specify, and describe their supportive housing needs.

\(2\) With respect to a jurisdiction seeking funding on behalf of an
eligible metropolitan statistical area under the HOPWA program, the plan
must identify the size and characteristics of the population with
HIV/AIDS and their families within the eligible metropolitan statistical

area it will serve.

\(e\) Lead-based paint hazards. The plan must estimate the number of
housing units within the jurisdiction that are occupied by low-income
families or moderate-income families that contain lead-based paint
hazards, as defined in this part.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995, as amended at 61 FR 51760, Oct. 3, 1996; 71
FR 6963, Feb. 9, 2006\]

**Sec. 91.210 Housing market analysis**.

\(a\) General characteristics. Based on information available to the
jurisdiction, the plan must describe the significant characteristics of
the jurisdiction\'s housing market, including the supply, demand, and
condition and cost of housing and the housing stock available to serve
persons with disabilities, and to serve other low-income persons with
special needs, including persons with HIV/AIDS and their families. Data
on the housing market should include, to the extent information is
available, an estimate of the number of vacant or abandoned buildings
and whether units in these buildings are suitable for rehabilitation.
The jurisdiction must also identify and describe any areas within the
jurisdiction with concentrations of racial/ethnic minorities and/or
low-income families, stating how it defines the terms \`\`area of
low-income concentration\'\' and \`\`area of minority concentration\'\'
for this purpose. The locations and degree of these concentrations must
be identified, either in a narrative or on one or more maps.

\(b\) Public and assisted housing. (1) The plan must describe and
identify the public housing developments and the number of public
housing units in the jurisdiction, the physical condition of such units,
the restoration and revitalization needs, results from the Section 504
needs assessment (i.e., assessment of needs of tenants and applicants on
waiting list for accessible units, as required by 24 CFR 8.25), and the
public housing agency\'s strategy for improving the management and

operation of such public housing and for improving the living
environment of low- and moderate-income families residing in public
housing. The consolidated plan must identify the public housing
developments in the jurisdictions that are participating in an approved
PHA Plan.

\(2\) The jurisdiction shall include a description of the number and
targeting (income level and type of family served) of units currently
assisted by local, state, or federally funded programs, and an
assessment of whether any such units are expected to be lost from the
assisted housing inventory for any reason, such as expiration of Section
8 contracts.

\(c\) Homeless facilities. The plan must include a brief inventory of
facilities and services that meet the emergency shelter, transitional
housing, permanent supportive housing, and permanent housing needs of
homeless persons within the jurisdiction, including any persons that are

chronically homeless. The inventory should also include (to the extent
the information is available to the jurisdiction) an estimate of the
percentage or number of beds and supportive services programs that are
serving people that are chronically homeless.

\(d\) Special need facilities and services. The plan must describe, to
the extent information is available, the facilities and services that
assist persons who are not homeless but who require supportive housing,
and programs for ensuring that persons returning from mental and

physical health institutions receive appropriate supportive housing.

\(e\) Barriers to affordable housing. The plan must explain whether the
cost of housing or the incentives to develop, maintain, or improve
affordable housing in the jurisdiction are affected by public policies,
particularly by policies of the jurisdiction, including tax policies
affecting land and other property, land use controls, zoning ordinances,
building codes, fees and charges, growth limits, and policies that
affect the return on residential investment.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6964, Feb. 9, 2006\]

**Sec. 91.215 Strategic plan.**

\(a\) General. For the categories described in paragraphs (b), (c), (d),
(e), and (f) of this section, the consolidated plan must do the
following:

\(1\) Indicate the general priorities for allocating investment
geographically within the jurisdiction (or within the EMSA for the HOPWA
program) and among different activities and needs, as identified in
tables prescribed by HUD.

\(2\) Describe the rationale for establishing the allocation priorities
given to each category of priority needs, particularly among extremely
low-income, low-income, and moderate-income households;

\(3\) Identify any obstacles to meeting underserved needs;

\(4\) Summarize the priorities and specific objectives the jurisdiction
intends to initiate and/or complete during the time period covered by
the strategic plan and how funds that are reasonably expected to be
available will be used to address identified needs. For each specific
objective statement, identify proposed accomplishments and outcomes the
jurisdiction hopes to achieve in quantitative terms over a specified
time period (e.g., one, two, three or more years), or in other

measurable terms as identified and defined by the jurisdiction. This
information is to be provided in accordance with guidance to be issued
by HUD.

\(b\) Affordable housing. With respect to affordable housing, the
consolidated plan must include the priority housing needs table
prescribed by HUD and must do the following:

\(1\) The affordable housing section shall describe how the
characteristics of the housing market and the severity of housing
problems and needs of extremely low-income, low-income, and
moderate-income renters and owners identified in accordance with Sec.
91.205 provided the rationale for establishing allocation priorities and
use of funds made available for rental assistance, production of new
units, rehabilitation of existing units, or acquisition of existing
units (including preserving affordable housing units that may be lost
from the assisted housing inventory for any reason). Household and
income types may be grouped together for discussion where the analysis
would apply to more than one of them. If the jurisdiction intends to use
HOME funds for tenant-based assistance, it must specify local market
conditions that led to the choice of that option.

\(2\) The affordable housing section shall include specific objectives
that describe proposed accomplishments the jurisdiction hopes to achieve
and must specify the number of extremely low-income, low-income, and
moderate-income families to whom the jurisdiction will provide

affordable housing as defined in 24 CFR 92.252 for rental housing and 24
CFR 92.254 for homeownership over a specific time period.

\(c\) Public housing. The consolidated plan must describe the manner in
which the plan of the jurisdiction will address the needs of public
housing, including the need to increase the number of accessible units
where required by a Section 504 Voluntarily Compliance Agreement. The

consolidated plan must also describe the jurisdiction\'s activities to
encourage public housing residents to become more involved in management
and participate in homeownership. If the public housing agency is
designated as \`\`troubled\'\' by HUD under 24 CFR part 902, the

jurisdiction must describe the manner in which it will provide financial
or other assistance to improve its operations and remove the
\`\`troubled\'\' designation.

\(d\) Homelessness. With respect to homelessness, the consolidated plan
must include the priority homeless needs table prescribed by HUD and
must describe the jurisdiction\'s strategy for the following:

\(1\) Helping low-income families avoid becoming homeless;

\(2\) Reaching out to homeless persons and assessing their individual
needs;

\(3\) Addressing the emergency shelter and transitional housing needs of
homeless persons; and

\(4\) Helping homeless persons (especially any persons that are
chronically homeless) make the transition to permanent housing and
independent living.

\(e\) Other special needs. With respect to special needs of the
non-homeless, the consolidated plan must provide a concise summary of
the priority housing and supportive service needs of persons who are not
homeless but who may or may not require supportive housing (i.e.,

elderly, frail elderly, persons with disabilities (mental, physical,
developmental), persons with alcohol or other drug addiction, persons
with HIV/AIDS and their families, and public housing residents). If the
jurisdiction intends to use HOME funds for tenant-based assistance to
assist one or more of these subpopulations, it must specify local market
conditions that led to the choice of this option.

\(f\) Nonhousing community development plan. If the jurisdiction seeks
assistance under the Community Development Block Grant (CDBG) program,
the consolidated plan must provide a concise summary of the
jurisdiction\'s priority non-housing community development needs
eligible for assistance under HUD\'s community development programs by
CDBG eligibility category, in accordance with a table prescribed by HUD.
This community development component of the plan must state the
jurisdiction\'s specific long-term and short-term community development
objectives (including economic development activities that create jobs),
which must be developed in accordance with the primary objective of the
CDBG program to develop viable urban communities by providing decent
housing and a suitable living environment and expanding economic
opportunities, principally for low-income and moderate-income persons.

\(g\) Neighborhood Revitalization. Jurisdictions are encouraged to
identify locally designated areas where geographically targeted
revitalization efforts are carried out through multiple activities in a
concentrated and coordinated manner. In addition, a jurisdiction may
elect to carry out a HUD-approved neighborhood revitalization strategy
that includes the economic empowerment of low-income residents with
respect to one or more of its areas. If HUD approves such a strategy,
the jurisdiction can obtain greater flexibility in the use of the CDBG
funds in the revitalization area(s) as described in 24 CFR part 570,
subpart C. This strategy must identify long-term and short-term
objectives (e.g., physical improvements, social initiatives and economic
empowerment), expressing them in terms of measures of outputs and
outcomes the jurisdiction expects to achieve in the neighborhood through
the use of HUD programs.

\(h\) Barriers to affordable housing. The consolidated plan must
describe the jurisdiction\'s strategy to remove or ameliorate negative
effects of public policies that serve as barriers to affordable housing,
as identified in accordance with Sec. 91.210(e), except that, if a State
requires a unit of general local government to submit a regulatory
barrier assessment that is substantially equivalent to the information
required under this paragraph (h), as determined by HUD, the unit of
general local government may submit its assessment submitted to the
State to HUD and shall be considered to have complied with this
requirement.

\(i\) Lead-based paint hazards. The consolidated plan must outline
actions proposed or being taken to evaluate and reduce lead-based paint
hazards and increase access to housing without such health hazards, how
the plan for the reduction of lead-based hazards is related to the

extent of lead poisoning and hazards, and how the plan for the reduction
of lead-based hazards will be integrated into housing policies and
programs.

\(j\) Anti-poverty strategy. The consolidated plan must provide a
concise summary of the jurisdiction\'s goals, programs, and policies for
reducing the number of poverty-level families and how the
jurisdiction\'s goals, programs, and policies for producing and
preserving affordable

housing, set forth in the housing component of the consolidated plan,
will be coordinated with other programs and services for which the
jurisdiction is responsible and the extent to which they will reduce (or
assist in reducing) the number of poverty-level families, taking into
consideration factors over which the jurisdiction has control. These
policies may include the jurisdiction\'s policies for providing
employment and training opportunities to section 3 residents pursuant to

24 CFR part 135.

\(k\) Institutional structure. (1) The consolidated plan must provide a
concise summary of the institutional structure, including private
industry, nonprofit organizations, community and faith-based
organizations, and public institutions, through which the jurisdiction
will carry out its housing, homeless, and community development plan,
and which assesses the strengths and gaps in that delivery system.

\(2\) The plan must provide a concise summary of what the jurisdiction
will do to overcome gaps in the institutional structure for carrying out
its strategy for addressing its priority needs.

\(l\) Coordination. The consolidated plan must provide a concise summary
of the jurisdiction\'s activities to enhance coordination between public
and assisted housing providers and private and governmental health,
mental health, and service agencies. With respect to the preparation of
its homeless strategy, the jurisdiction must describe efforts in
addressing the needs of persons that are chronically homeless. With
respect to the public entities involved, the plan must describe the
means of cooperation and coordination among the state and any units of
general local government in the metropolitan area in the implementation
of its consolidated plan. With respect to economic

development, the jurisdiction should describe efforts to enhance
coordination with private industry, businesses, developers, and social
service agencies.

\[71 FR 6964, Feb. 9, 2006\]

Sec. 91.220 Action plan.

The action plan must include the following:

\(a\) Standard Form 424;

\(b\) A concise executive summary that includes the objectives and
outcomes identified in the plan as well as an evaluation of past
performance, a summary of the citizen participation and consultation
process (including efforts to broaden public participation) (24 CFR
91.200 (b)), a summary of comments or views, and a summary of comments
or views not accepted and the reasons therefore (24 CFR 91.105 (b)(5)).

\(c\) Resources and objectives\--(1) Federal resources. The consolidated
plan must provide a concise summary of the federal resources (including
grant funds and program income) expected to be made available. Federal
resources should include Section 8 funds made available to
jurisdictions, Low-Income Housing Tax Credits, and competitive
McKinney-Vento Homeless Assistance Act funds, expected to be available
to address priority needs and specific objectives identified in the
strategic plan.

\(2\) Other resources. The consolidated plan must indicate resources
from private and state and local sources that are reasonably expected to
be made available to address the needs identified in the plan. The plan
must explain how federal funds will leverage those additional resources,

including a description of how matching requirements of the HUD programs
will be satisfied. Where the jurisdiction deems it appropriate, the
jurisdiction may indicate publicly owned land or property located within
the jurisdiction that may be used to address the needs identified in the

plan; (3) Annual objectives. The consolidated plan must contain a
summary of the annual objectives the jurisdiction expects to achieve
during the forthcoming program year.

\(d\) Activities to be undertaken. The action plan must provide a
description of the activities the jurisdiction will undertake during the
next year to address priority needs and objectives. This description of
activities shall estimate the number and type of families that will
benefit from the proposed activities, the specific local objectives and
priority needs (identified in accordance with Sec. 91.215) that will be
addressed by the activities using formula grant funds and program income
the jurisdiction expects to receive during the program year, proposed
accomplishments, and a target date for completion of the activity. This
information is to be presented in the form of a table prescribed by HUD.
The plan must also describe the reasons for the allocation priorities

and identify any obstacles to addressing underserved needs;

\(e\) Outcome measures. Each jurisdiction must provide outcome measures
for activities included in its action plan in accordance with guidance
to be issued by HUD.

\(f\) Geographic distribution. A description of the geographic areas of
the jurisdiction (including areas of low-income and minority
concentration) in which it will direct assistance during the ensuing
program year, giving the rationale for the priorities for allocating
investment geographically. When appropriate, jurisdictions should
estimate the percentage of funds they plan to dedicate to target areas.

\(g\) Affordable housing. The jurisdiction must specify one-year goals
for the number of homeless, non-homeless, and special-needs households
to be provided affordable housing using funds made available to the
jurisdiction and one-year goals for the number of households to be

provided affordable housing through activities that provide rental
assistance, production of new units, rehabilitation of existing units,
or acquisition of existing units using funds made available to the
jurisdiction.The term affordable housing shall be as defined in 24 CFR
92.252 for

rental housing and 24 CFR 92.254 for homeownership.

\(h\) Public housing. Actions it plans to take during the next year to
address the needs of public housing and actions to encourage public
housing residents to become more involved in management and participate
in homeownership. If the public housing agency is designated as

\`\`troubled\'\' by HUD under part 902 of this title, the jurisdiction
must describe the manner in which it will provide financial or other
assistance to improve its operations and remove the \`\`troubled\'\'
designation.

\(i\) Homeless and other special needs activities. Activities it plans
to undertake during the next year to address emergency shelter and
transitional housing needs of homeless individuals and families
(including subpopulations), to prevent low-income individuals and
families with children (especially those with incomes below 30 percent
of median) from becoming homeless, to help homeless persons make the
transition to permanent housing and independent living, specific action
steps to end chronic homelessness, and to address the special needs of
persons who are not homeless identified in accordance with Sec.
91.215(e);

\(j\) Barriers to affordable housing. Actions it plans to take during
the next year to remove or ameliorate the negative effects of public
policies that serve as barriers to affordable housing. Such policies,
procedures and processes include, but are not limited to, land use
controls, tax policies affecting land, zoning ordinances, building
codes, fees and charges, growth limitations, and policies affecting the
return on residential investment.

\(k\) Other actions. Actions it plans to take during the next year to
address obstacles to meeting underserved needs, foster and maintain
affordable housing, evaluate and reduce lead-based paint hazards, reduce
the number of poverty-level families, develop institutional structure,
and enhance coordination between public and private housing and social
service agencies (see Sec. 91.215 (a), (b), (i), (j), (k), and (l)).

\(l\) Program-specific requirements\--(1) CDBG. (i) A jurisdiction must
describe activities planned with respect to all CDBG funds expected to
be available during the program year (including program income that will
have been received before the start of the next program year), except
that an amount generally not to exceed ten percent of such total
available CDBG funds may be excluded from the funds for which eligible
activities are described if it has been identified for the contingency
of cost overruns.

\(ii\) CDBG funds expected to be available during the program year
includes the following:

\(A\) Any program income that will have been received before the start
of the next program year and that has not yet been programmed;

\(B\) Proceeds from Section 108 loan guarantees that will be used during
the year to address the priority needs and specific objectives
identified in its strategic plan;

\(C\) Surplus from urban renewal settlements;

\(D\) Grant funds returned to the line of credit for which the planned
use has not been included in a prior statement or plan; and

\(E\) Income from float-funded activities. The full amount of income
expected to be generated by a float-funded activity must be shown,
whether or not some or all of the income is expected to be received in a
future program year. To assure that citizens understand the risks
inherent in undertaking float-funded activities, the recipient must
specify the total amount of program income expected to be received and
the month(s) and year(s) that it expects the float-funded activity to
generate such program income.

\(iii\) An \`\`urgent needs\'\' activity (one that is expected to
qualify under Sec. 570.208(c) of this title) may be included only if the
jurisdiction identifies the activity in the action plan and certifies

that the activity is designed to meet other community development needs
having a particular urgency because existing conditions pose a serious
and immediate threat to the health or welfare of the community and
because other financial resources are not available.

\(iv\) The plan shall identify the estimated amount of CDBG funds that
will be used for activities that benefit persons of low- and
moderate-income. The information about activities shall be in sufficient
detail, including location, to allow citizens to determine the degree to
which they are affected.

\(2\) HOME. (i) For HOME funds, a participating jurisdiction shall
describe other forms of investment that are not described in Sec.
92.205(b).

\(ii\) If the participating jurisdiction intends to use HOME funds for
homebuyers, it must state the guidelines for resale or recapture, as
required in Sec. 92.254.

\(iii\) If the participating jurisdiction intends to use HOME funds to
refinance existing debt secured by multifamily housing that is being
rehabilitated with HOME funds, it must state its refinancing guidelines
required under 24 CFR 92.206(b). The guidelines shall describe the

conditions under which the participating jurisdictions will refinance
existing debt. At minimum, the guidelines must:

\(A\) Demonstrate that rehabilitation is the primary eligible activity
and ensure that this requirement is met by establishing a minimum level
of rehabilitation per unit or a required ratio between rehabilitation
and refinancing.

\(B\) Require a review of management practices to demonstrate that
disinvestment in the property has not occurred; that the long-term needs
of the project can be met; and that the feasibility of serving the
targeted population over an extended affordability period can be

demonstrated.

\(C\) State whether the new investment is being made to maintain current
affordable units, create additional affordable units, or both.

\(D\) Specify the required period of affordability, whether it is the
minimum 15 years or longer.

\(E\) Specify whether the investment of HOME funds may be
jurisdiction-wide or limited to a specific geographic area, such as a
neighborhood identified in a neighborhood revitalization strategy under
24 CFR 91.215(g) or a federally designated Empowerment Zone or
Enterprise Community.

\(F\) State that HOME funds cannot be used to refinance multifamily
loans made or insured by any federal program, including CDBG.

\(iv\) If the participating jurisdiction will receive funding under the
American Dream Downpayment Initiative (ADDI) (see 24 CFR part 92,
subpart M), it must include:

\(A\) A description of the planned use of the ADDI funds;

\(B\) A plan for conducting targeted outreach to residents and tenants
of public and manufactured housing and to other families assisted by
public housing agencies, for the purposes of ensuring that the ADDI
funds are used to provide downpayment assistance for such residents,

tenants, and families; and

\(C\) A description of the actions to be taken to ensure the suitability
of families receiving ADDI funds to undertake and maintain
homeownership.

\(3\) HOPWA. For HOPWA funds, the jurisdiction must specify one-year
goals for the number of households to be provided housing through the
use of HOPWA activities for: short-term rent, mortgage, and utility
assistance payments to prevent homelessness of the individual or family;

tenant-based rental assistance; and units provided in housing facilities
that are being developed, leased, or operated with HOPWA funds and shall
identify the method of selecting project sponsors (including providing
full access to grassroots faith-based and other community

organizations).

\[71 FR 6965, Feb. 9, 2006\]

**Sec. 91.225 Certifications.**

\(a\) General. The following certifications, satisfactory to HUD, must
be included in the annual submission to HUD. (See definition of
\`\`certification\'\' in Sec. 91.5.)

\(1\) Affirmatively furthering fair housing. Each jurisdiction 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 jurisdiction,
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.

\(2\) Anti-displacement and relocation plan. Each jurisdiction 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 jurisdiction must submit a certification
with regard to drug-free workplace required by 24 CFR part 24, subpart
F.

\(4\) Anti-lobbying. The jurisdiction 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 jurisdiction. The jurisdiction must submit a
certification that the consolidated plan is authorized under State and
local law (as applicable) and that the jurisdiction 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 jurisdiction must submit a
certification that the housing activities to be undertaken with CDBG,
HOME, ESG, and HOPWA funds are consistent with the strategic plan. Where
the HOPWA funds are to be received by a city that is the most populous

unit of general local government in an EMSA, it must obtain and keep on
file certifications of consistency from the authorized public officials
for each other locality in the EMSA in which housing assistance is
provided.

\(7\) Acquisition and relocation. The jurisdiction 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 amended (42 U.S.C. 4601), and

implementing regulations at 49 CFR part 24.

\(8\) Section 3. The jurisdiction 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 jurisdictions that
seek funding under CDBG, the following certifications are required:

\(1\) Citizen participation. Each jurisdiction must certify that it is
in full compliance and following a detailed citizen participation plan
that satisfies the requirements of Sec. 91.105.

\(2\) Community development plan. A certification that this consolidated
housing and community development 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.

\(3\) Following a plan. A certification that the jurisdiction is
following a current consolidated plan (or Comprehensive Housing
Affordability Strategy) that has been approved by HUD.

\(4\) Use of funds. A certification that the jurisdiction 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 jurisdiction, 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 570.3 for definition of \`\`CDBG funds\'\'); and

\(iii\) The jurisdiction 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 CDBG funds. In addition, with respect to properties owned and
occupied by 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
jurisdiction certifies that it lacks CDBG funds to cover the assessment.

\(5\) Excessive force. A certification that the jurisdiction has adopted
and is 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.

\(6\) Compliance with anti-discrimination laws. The jurisdiction must
submit 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), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing

regulations.

\(7\) Compliance with lead-based paint procedures. The jurisdiction must
submit a certification that its activities concerning lead-based paint
will comply with the requirements of part 35, subparts A, B, J, K, and R
of this title.

\(8\) Compliance with laws. A certification that the jurisdiction will
comply with applicable laws.

\(c\) Emergency Shelter Grant program. For jurisdictions that seek
funding under the Emergency Shelter Grant program, the following
certifications are required:

\(1\) In the case of assistance involving major rehabilitation or
conversion, the applicant 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, the applicant 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, the applicant 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 releaseof 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 (or
CHAS).

\(10\) A certification that the jurisdiction 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 participating jurisdiction must provide the
following certifications:

\(1\) 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;

\(2\) 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
participating jurisdiction 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 jurisdictions
that seek funding under the Housing Opportunities for Persons With AIDS
program, a certification is required by the jurisdiction 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 assisted under that program shall be
operated for the purpose specified in the plan:

\(i\) For a period of not less than 10 years in the case of assistance
involving new construction, substantial rehabilitation, or acquisition
of a facility; or

\(ii\) For a period of not less than three years in the case of
assistance involving non-substantial rehabilitation or repair of a
building or structure.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995, as amended at 64
FR 50224, Sept. 15, 1999; 71 FR 6967, Feb. 9, 2006\]

**Sec. 91.230 Monitoring.**

The plan must describe the standards and procedures that the
jurisdiction will use to monitor activities carried out in furtherance
of the plan and will use to ensure long-term compliance with

requirements of the programs involved, including minority business
outreach and the comprehensive planning requirements.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995\]

**Sec. 91.235 Special case; abbreviated consolidated plan.**

\(a\) Who may submit an abbreviated plan? A jurisdiction that is not a
CDBG entitlement community under 24 CFR part 570, subpart D, and is not
expected to be a participating jurisdiction in the HOME program under 24
CFR part 92, may submit an abbreviated consolidated plan that is
appropriate to the types and amounts of assistance sought from HUD

instead of a full consolidated plan.

\(b\) When is an abbreviated plan necessary?\--(1) Jurisdiction. When a
jurisdiction that is permitted to use an abbreviated plan applies to HUD
for funds under a program that requires an approved consolidated plan
(see Sec. 91.2(b)), it must obtain approval of an abbreviated plan (or

full consolidated plan) and submit a certification that the housing
activities are consistent with the plan.

\(2\) Other applicants. When an eligible applicant other than a
jurisdiction (e.g., a public housing agency or nonprofit organization)
seeks to apply for funding under a program requiring a certification of
consistency with an approved consolidated plan, the jurisdiction\--if it
is permitted to use an abbreviated plan\--may prepare an abbreviated
plan appropriate to the project. See Sec. 91.510.

\(3\) Limitation. For the HOME program, an abbreviated consolidated plan
is only permitted with respect to reallocations to other than
participating jurisdictions (see 24 CFR part 92, subpart J). For the
CDBG program, an abbreviated plan may be submitted for the
HUD-administered Small Cities program, except an abbreviated plan may
not be submitted for the HUD-administered Small Cities program in the
State of Hawaii.

\(c\) What is an abbreviated plan?\--(1) Assessment of needs, resources,
planned activities. An abbreviated plan must contain sufficient
information about needs, resources, and planned activities to address
the needs to cover the type and amount of assistance anticipated to be
funded by HUD.

\(2\) Nonhousing community development plan. If the jurisdiction seeks
assistance under the Community Development Block Grant program, it must
describe the jurisdiction\'s priority non-housing community development
needs eligible for assistance under HUD\'s community development
programs by CDBG eligibility category, reflecting the needs of families
for each

type of activity, as appropriate, in terms of dollar amounts estimated
to meet the priority need for the type of activity, in accordance with a
table prescribed by HUD. This community development component of the
plan must state the jurisdiction\'s specific long-term and short-term
community development objectives (including economic development
activities that create jobs), which must be developed in accordance with
the statutory goals described in Sec. 91.1 and the primary objective of
the Housing and Community Development Act of 1974, 42 U.S.C. 5301(c), of

the development of viable urban communities by providing decent housing
and a suitable living environment and expanding economic opportunities,
principally for low-income and moderate-income persons.

\(3\) Separate application for funding. In addition to submission of the
abbreviated consolidated plan, an application must be submitted for
funding is sought under a competitive program. The applicable program
requirements are found in the regulations for the program and in the

Notice of Funding Availability published for the applicable fiscal year.
For the CDBG Small Cities program, the applicable regulations are found
at 24 CFR part 570, subpart F.

\(d\) What consultation is applicable? The jurisdiction must make
reasonable efforts to consult with appropriate public and private social
service agencies regarding the needs to be served with the funding
sought from HUD. The jurisdiction must attempt some consultation with
the State. (Section 91.100 does not apply.)

\(e\) What citizen participation process is applicable? If the
jurisdiction is seeking CDBG funds under the CDBG Small Cities program,
before submitting the abbreviated consolidated plan and application to
HUD for funding, the jurisdiction must comply with the citizen
participation requirements of 24 CFR 570.431. If it is not seeking such
funding, the jurisdiction must conduct a citizen participation process
as provided in section 107 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12707). (Section 91.105 does not apply.)

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995\]

**Sec. 91.236 Special case; District of Columbia.**

For consolidated planning purposes, the District of Columbia must follow
the requirements applicable to local jurisdictions (Sec. Sec. 91.100,
91.105, and 91.200 through 91.230). In addition, it must submit the
component of the State requirements dealing with the use of Low

Income Housing Tax Credits (Sec. 91.315(j)).

(Approved by the Office of Management and Budget under control number
2506-0117)

**Subpart D State Governments; Contents of Consolidated Plan**

**Sec. 91.300 General.**

\(a\) A complete consolidated plan consists of the information required
in Sec. 91.300 through Sec. 91.330, submitted in accordance with
instructions prescribed by HUD (including tables and narratives), or in
such other format as jointly agreed upon by HUD and the state. A
comprehensive housing affordability strategy consists of the information
required in Sec. 91.300 through Sec. 91.315(e), Sec. 91.315(h) through
Sec. 91.315(m), Sec. 91.320(c), Sec. 91.320 (g), Sec. 91.225 and Sec.
91.330.

\(b\) The state shall describe the lead agency or entity responsible for
overseeing the development of the plan and the significant aspects of
the process by which the consolidated plan was developed; the identity
of the agencies, groups, organizations, and others who participated in
the process; and a description of the state\'s consultations with social
service, health, and child service agencies and other entities.

\(c\) The plan shall contain a concise executive summary that includes
the objectives and outcomes identified in the plan as well as an
evaluation of past performance. The plan shall also contain a concise
summary of the citizen participation process, public comments, and
efforts made to broaden public participation in the development of the
consolidated plan.

\[71 FR 6967, Feb. 9, 2006\]

**Sec. 91.305 Housing and homeless needs assessment.**

\(a\) General. The consolidated plan must provide a concise summary of
the state\'s estimated housing needs projected for the ensuing five-year
period. Housing data included in this portion of the plan shall be based
on U.S. Census data, as provided by HUD, as updated by any properly

conducted local study, or any other reliable source that the state
clearly identifies and should reflect the consultation with social
service agencies and other entities conducted in accordance with Sec.
91.110 and the citizen participation process conducted in accordance
with Sec. 91.115. For a state seeking funding under the HOPWA program,
the needs described for housing and supportive services must address the
unmet needs of low-income persons with HIV/AIDS and their families in
areas outside of eligible metropolitan statistical areas.

\(b\) Categories of persons affected. (1) The plan shall estimate the
number and type of families in need of housing assistance for extremely
low-income, low-income, moderate-income, and middle-income families, for
renters and owners, for elderly persons, for single persons, for large

families, for persons with HIV/AIDS and their families, and for persons
with disabilities. The description of housing needs shall include a
concise summary of the cost burden and severe cost burden, overcrowding
(especially for large families), and substandard housing conditions

being experienced by extremely low-income, low-income, moderate-income,
and middle-income renters and owners compared to the state as a whole.
(The state must define in its consolidated plan the terms \`\`standard
condition\'\' and \`\`substandard condition but suitable for
rehabilitation.\'\')

\(2\) For any of the income categories enumerated in paragraph (b)(1) of
this section, to the extent that any racial or ethnic group has
disproportionately greater need in comparison to the needs of that
category as a whole, assessment of that specific need shall be included.
For this purpose, disproportionately greater need exists when the
percentage of persons in a category of need who are members of a
particular racial or ethnic group in a category of need is at least 10

percentage points higher than the percentage of persons in the category
as a whole.

\(c\) Homeless needs. The plan must provide a concise summary of the
nature and extent of homelessness (including rural homelessness and
chronically homeless persons) within the state, addressing separately
the need for facilities and services for homeless individuals and

homeless families with children, both sheltered and unsheltered,and
homeless subpopulations, in accordance with a table prescribed by HUD.
This description must include the characteristics and needs of
low-income individuals and families with children (especially extremely
low-income) who are currently housed but threatened with homelessness.
The plan also must contain a brief narrative description of the nature
and extent of homelessness by racial and ethnic group, to the extent
information is available.

\(d\) Other special needs. (1) The State shall estimate, to the extent
practicable, the number of persons who are not homeless but require
supportive housing, including the elderly, frail elderly, persons with
disabilities (mental, physical, developmental), persons with alcohol or
other drug addiction, persons with HIV/AIDS and their families, and any
other categories the State may specify, and describe their supportive
housing needs.

\(2\) With respect to a State seeking assistance under the HOPWA
program, the plan must identify the size and characteristics of the
population with HIV/AIDS and their families within the area it will
serve.

\(e\) Lead-based paint hazards. The plan must estimate the number of
housing units within the State that are occupied by low-income families
or moderate-income families that contain lead-based paint hazards, as
defined in this part.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995, as amended at 61 FR 51760, Oct. 3, 1996; 71
FR 6967, Feb. 9, 2006\]

**Sec. 91.310 Housing market analysis.**

\(a\) General characteristics. Based on data available to the State, the
plan must describe the significant characteristics of the State\'s
housing markets (including such aspects as the supply, demand, and
condition and cost of housing).

\(b\) Homeless facilities. The plan must include a brief inventory of
facilities and services that meet the emergency shelter, transitional
housing, permanent supportive housing, and permanent housing needs of
homeless persons within the state. The inventory should also include (to

the extent the information is available to the state) an estimate of the
percentage or number of beds and supportive services programs that are
serving people that are chronically homeless.

\(c\) Special need facilities and services. The plan must describe, to
the extent information is available, the facilities and services that
assist persons who are not homeless but who require supportive housing,
and programs for ensuring that persons returning from mental and
physical health institutions receive appropriate supportive housing.

\(d\) Barriers to affordable housing. The plan must explain whether the
cost of housing or the incentives to develop, maintain, or improve
affordable housing in the State are affected by its policies, including
tax policies affecting land and other property, land use controls,
zoning ordinances, building codes, fees and charges, growth limits, and
policies that affect the return on residential investment.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995, as amended at 71
FR 6967, Feb. 9, 2006\]

**Sec. 91.315 Strategic plan.**

\(a\) General. For the categories described in paragraphs (b), (c), (d),
(e), and (f) of this section, the consolidated plan must do the
following:

\(1\) Indicate the general priorities for allocating investment
geographically within the state and among different activities and
needs.

\(2\) Describe the rationale for establishing the allocation priorities
given to each category of priority needs, particularly among extremely
low-income, low-income, and moderate-income households.

\(3\) Identify any obstacles to meeting underserved needs.

\(4\) Summarize the priorities and specific objectives the state intends
to initiate and/or complete during the time period covered by the
strategic plan describing how the proposed distribution of funds will
address identified needs. For each specific objective statement,
identify proposed accomplishments and outcomes the state hopes to
achieve in quantitative terms over a specified time period (e.g., one,
two, three or more years), or in other measurable terms as identified

and defined by the state. This information shall be provided in
accordance with guidance to be issued by HUD.

\(b\) Affordable housing. With respect to affordable housing, the
consolidated plan must include the priority housing needs table
prescribed by HUD and must do the following:

\(1\) The affordable housing section shall describe how the
characteristics of the housing market and the severity of housing
problems and needs of extremely low-income, low-income, and
moderate-income renters and owners identified in accordance with Sec.
91.305 provided the rationale for establishing allocation priorities and
use of funds made available for rental assistance, production of new
units, rehabilitation of existing units, or acquisition of existing
units

(including preserving affordable housing units that may be lost from the
assisted housing inventory for any reason). Household and income types
may be grouped together for discussion where the analysis would apply to
more than one of them. If the state intends to use HOME funds for
tenant-based assistance, it must specify local market conditions that
led to the choice of that option.

\(2\) The affordable housing section shall include specific objectives
that describe proposed accomplishments the state hopes to achieve and
must specify the number of extremely low-income, low-income, and
moderate-income families to whom the state will provide affordable

housing as defined in 24 CFR 92.252 for rental housing and 24 CFR 92.254
for homeownership over a specific time period.

\(c\) Public housing. With respect to public housing, the consolidated
plan must do the following:

\(1\) Resident initiatives. For a state that has a state housing agency
administering public housing funds, the consolidated plan must describe
the state\'s activities to encourage public housing residents to become
more involved in management and participate in homeownership;

\(2\) Public housing needs. The consolidated plan must describe the
manner in which the plan of the state will address the needs of public
housing; and

\(3\) Troubled public housing agencies. If a public housing agency
located within a state is designated as \`\`troubled\'\' by HUD under
part 902 of this title, the strategy for the state or unit of local
government in which any troubled public housing agency is located must
describe the manner in which the state or unit of general local
government will provide financial or other assistance to improve the
public housing agency\'s operations and remove the \`\`troubled\'\'

designation. A state is not required to describe the manner in which
financial or other assistance is provided if the troubled public housing
agency is located entirely within the boundaries of a unit of general
local government that must submit a consolidated plan to HUD.

\(d\) Homelessness. With respect to homelessness, the consolidated plan
must include the priority homeless needs table prescribed by HUD and
must describe the state\'s strategy for the following:

\(1\) Helping low-income families avoid becoming homeless;

\(2\) Reaching out to homeless persons and assessing their individual
needs;

\(3\) Addressing the emergency shelter and transitional housing needs of
homeless persons; and

\(4\) Helping homeless persons (especially any persons that are
chronically homeless) make the transition to permanent housing and
independent living.

\(e\) Other special needs. With respect to supportive needs of the
non-homeless, the consolidated plan must provide a concise summary of
the priority housing and supportive service needs of persons who are not
homeless but require supportive housing, i.e., elderly, frail elderly,
persons with disabilities (mental, physical, developmental), persons
with alcohol or other drug addiction, persons with HIV/AIDS and their
families, and public housing residents. If the state intends to use HOME
funds for tenant-based assistance to assist one or more of these
subpopulations, it must specify local market conditions that led to the
choice of this option.

\(f\) Nonhousing community development plan. If the state seeks
assistance under the CDBG program, the consolidated plan must concisely
describe thestate\'s priority nonhousing community development needs
that affect more than one unit of general local government. These
priority needs must be described by CDBG eligibility category,
reflecting the needs of persons or families for each type of activity.
This community development component of the plan must identify the
state\'s specific long-term and short-term community development
objectives (including economic

development activities that create jobs), which must be developed in
accordance with the primary objective of the CDBG program to develop
viable urban communities by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for

low-income and moderate-income persons.

\(g\) Community Revitalization. States are encouraged to identify areas
where geographically targeted revitalization efforts are carried out
through multiple activities in a concentrated and coordinated manner. In
addition, a state may elect to allow units of general local government
to carry out a community revitalization strategy that includes the
economic empowerment of low-income residents, in order to obtain the
additional flexibility available as provided in 24 CFR part

570, subpart I. A state must approve a local government\'s
revitalization strategy before it may be implemented. If a state elects
to allow revitalization strategies in its program, the method of
distribution contained in a state\'s action plan pursuant to Sec.
91.320(k)(1) must reflect the state\'s process and criteria for
approving local government\'s revitalization strategies. The strategy
must identify the long-term and short-term objectives (e.g., physical
improvements, social initiatives, and economic empowerment), expressing
them in terms of measures of outputs and outcomes that are expected
through the use of HUD programs. The state\'s process and criteria are
subject to HUD approval.

\(h\) Barriers to affordable housing. The consolidated plan must
describe the state\'s strategy to remove or ameliorate negative effects
of its policies that serve as barriers to affordable housing, as
identified in accordance with Sec. 91.310.

\(i\) Lead based paint. The consolidated plan must outline the actions
proposed or being taken to evaluate and reduce lead-based paint hazards,
and describe how the lead-based paint hazard reduction will be
integrated into housing policies and programs.

\(j\) Anti-poverty strategy. The consolidated plan must provide a
concise summary of the state\'s goals, programs, and policies for
reducing the number of poverty-level families and how the state\'s
goals, programs, and policies for producing and preserving affordable
housing, set forth in the housing component of the consolidated plan,
will be coordinated with other programs such as Temporary Assistance for
Needy Families as well as employment and training programs and services
for which the state is responsible and the extent to which they will
reduce (or assist in reducing) the number of poverty-level families,
taking into consideration factors over which the state has control.

\(k\) Institutional structure. (1) The consolidated plan must provide a
concise summary of the institutional structure, including private
industry, nonprofit organizations, and public institutions, through
which the state will carry out its housing, homeless, and community
development plan, assessing the strengths and gaps in that delivery
system.

\(2\) The plan must provide a concise summary of what the state will do
to overcome gaps in the institutional structure for carrying out its
strategy for addressing its priority needs.

\(l\) Coordination. The consolidated plan must provide a concise summary
of the state\'s activities to enhance coordination between public and
assisted housing providers and private and governmental health, mental
health, and service agencies. With respect to the preparation of

its homeless strategy, the state must describe efforts in addressing the
needs of persons that are chronically homeless. With respect to the
public entities involved, the plan must describe the means of
cooperation and coordination among the state and any units of general
local government in the implementation of its consolidated plan. With
respect to economic development, the state should describe efforts to
enhance coordination with private industry, businesses, developers, and
social service agencies.

\(m\) Low-income housing tax credit. The consolidated plan must describe
the strategy to coordinate the Low-Income Housing Tax Credit with the
development of housing that is affordable to low-income and
moderate-income families.

\[71 FR 6968, Feb. 9, 2006\]

**Sec. 91.320 Action plan.**

The action plan must include the following:

\(a\) Standard Form 424;

\(b\) A concise executive summary that includes the objectives and
outcomes identified in the plan as well as an evaluation of past
performance, a summary of the citizen participation and consultation
process (including efforts to broaden public participation) (24 CFR
91.300 (b)), a summary of comments or views, and a summary of comments
or views not accepted and the reasons therefore (24 CFR 91.115 (b)(5)).

\(c\) Resources and objectives\--(1) Federal resources. The consolidated
plan must provide a concise summary of the federal resources expected to
be made available. These resources include grant funds and program
income.

\(2\) Other resources. The consolidated plan must indicate resources
from private and non-federal public sources that are reasonably expected
to be made available to address the needs identified in the plan. The
plan must explain how federal funds will leverage those additional

resources, including a description of how matching requirements of the
HUD programs will be satisfied. Where the state deems it appropriate, it
may indicate publicly owned land or property located within the state
that may be used to carry out the purposes identified in the plan;

\(3\) Annual objectives. The consolidated plan must contain a summary of
the annual objectives the state expects to achieve during the
forthcoming program year.

\(d\) Activities. A description of the state\'s method for distributing
funds to local governments and nonprofit organizations to carry out
activities, or the activities to be undertaken by the state, using funds
that are expected to be received under formula allocations (and related
program income) and other HUD assistance during the program year, the
reasons for the allocation priorities, how the proposed distribution of
funds will address the priority needs and specific objectives described
in the consolidated plan, and any obstacles to addressing underserved

needs.

\(e\) Outcome measures. Each state must provide outcome measures for
activities included in its action plan in accordance with guidance
issued by HUD. For the CDBG program, this would include activities that
are likely to be funded as a result of the implementation of the
state\'s

method of distribution.

\(f\) Geographic distribution. A description of the geographic areas of
the State (including areas of low-income and minority concentration) in
which it will direct assistance during the ensuing program year, giving
the rationale for the priorities for allocating investment
geographically. When appropriate, the state should estimate the
percentage of funds they plan to dedicate to target area(s).

\(g\) Affordable housing goals. The state must specify one-year goals
for the number of households to be provided affordable housing through
activities that provide rental assistance, production of new units,
rehabilitation of existing units, or acquisition of existing units using

funds made available to the state, and one-year goals for the number of
homeless, non-homeless, and special-needs households to be provided
affordable housing using funds made available to the state. The term
affordable housing shall be as defined in 24 CFR 92.252 for rental
housing and 24 CFR 92.254 for homeownership.

\(h\) Homeless and other special needs activities. Activities it plans
to undertake during the next year to address emergency shelter and
transitional housing needs of homeless individuals and families
(including subpopulations), to prevent low-income individuals and
families with children (especially those with incomes below 30 percent
of median) from becoming homeless, to help homeless persons make the
transition to permanent housing and independent living, specific action
steps to end chronic homelessness, and to address the special needs of
persons who are not homeless identified in accordance with Sec.
91.315(e);

\(i\) Barriers to affordable housing. Actions it plans to take during
the next year to remove or ameliorate the negative effects of public
policies that serve as barriers to affordable housing. Such policies,
procedures, and processes include but are not limited to: land use
controls, tax policies affecting land, zoning ordinances, building
codes, fees and charges, growth limitations, and policies affecting the
return on residential investment.

\(j\) Other actions. Actions it plans to take during the next year to
implement its strategic plan and address obstacles to meeting
underserved needs, foster and maintain affordable housing (including the
coordination of Low-Income Housing Tax Credits with the development of

affordable housing), evaluate and reduce lead-based paint hazards,
reduce the number of poverty level families, develop institutional
structure, enhance coordination between public and private housing and
social service agencies, address the needs of public housing (including
providing financial or other assistance to troubled public housing
agencies), and encourage public housing residents to become more
involved in management and participate in homeownership.

\(k\) Program-specific requirements. In addition, the plan must include
the following specific information:

\(1\) CDBG. The action plan must set forth the state\'s method of
distribution.

\(i\) The method of distribution shall contain a description of all
criteria used to select applications from local governments for funding,
including the relative importance of the criteria, where applicable. The
action plan must include a description of how all CDBG resources will be

allocated among funding categories and the threshold factors and grant
size limits that are to be applied. The method of distribution must
provide sufficient information so that units of general local government
will be able to understand and comment on it, understand what criteria

and information their application will be judged, and be able to prepare
responsive applications. The method of distribution may provide a
summary of the selection criteria, provided that all criteria are
summarized and the details are set forth in application manuals or other
official state publications that are widely distributed to eligible
applicants. HUD may monitor the method of distribution as part of its
audit and review responsibilities, as provided in Sec. 570.493(a)(1),

in order to determine compliance with program requirements.

\(ii\) If the state intends to help nonentitlement units of general
local government apply for guaranteed loan funds under 24 CFR part 570,
subpart M, it must describe available guarantee amounts and how
applications will be selected for assistance. If a state elects to allow
units of general local government to carry out community revitalization
strategies, the method of distribution shall reflect the state\'s
process and criteria for approving local government\'s revitalization
strategies.

\(2\) HOME. (i) The state shall describe other forms of investment that
are not described in 24 CFR 92.205(b).

\(ii\) If the state intends to use HOME funds for homebuyers, it must
state the guidelines for resale or recapture, as required in 24 CFR
92.254.

\(iii\) If the state intends to use HOME funds to refinance existing
debt secured by multifamily housing that is being rehabilitated with
HOME funds, it must state its refinancing guidelines required under 24
CFR 92.206(b). The guidelines shall describe the conditions under which
the state will refinance existing debt. At minimum, the guidelines must:

\(A\) Demonstrate that rehabilitation is the primary eligible activity
and ensure that this requirement is met by establishing a minimum level
of rehabilitation per unit or a required ratio between rehabilitation
and refinancing.

\(B\) Require a review of management practices to demonstrate that
disinvestment in the property has not occurred; that the long-term needs
of the project can be met; and that the feasibility of serving the
targeted population over an extended affordability period can be

demonstrated.

\(C\) State whether the new investment is being made to maintain current
affordable units, create additional affordable units, or both.

\(D\) Specify the required period of affordability, whether it is the
minimum 15 years or longer.

\(E\) Specify whether the investment of HOME funds may be state-wide or
limited to a specific geographic area, such as a community identified in
a neighborhood revitalization strategy under 24 CFR 91.315(g), or a
federally designated Empowerment Zone or Enterprise Community.

\(F\) State that HOME funds cannot be used to refinance multifamily
loans made or insured by any federal program, including the CDBG
program.

\(iv\) If the state will receive funding under the American Dream
Downpayment Initiative (ADDI) (see 24 CFR part 92, subpart M), it must
include:

\(A\) A description of the planned use of the ADDI funds;

\(B\) A plan for conducting targeted outreach to residents and tenants
of public and manufactured housing and to other families assisted by
public housing agencies, for the purposes of ensuring that the ADDI
funds are used to provide downpayment assistance for such residents,

tenants, and families; and

\(C\) A description of the actions to be taken to ensure the suitability
of families receiving ADDI funds to undertake and maintain
homeownership, such as provision of housing counseling to homebuyers.

\(3\) ESG. The state shall identify the process for awarding grants to
state recipients and a description of how the state intends to make its
allocation available to units of local government and nonprofit
organizations (including community and faith-based organizations).

\(4\) HOPWA. For HOPWA funds, the state must specify one-year goals for
the number of households to be provided housing through the use of HOPWA
activities for short-term rent; mortgage and utility assistance payments
to prevent homelessness of the individual or family; tenant-based rental
assistance; and units provided in housing facilities that are being
developed, leased or operated with HOPWA funds, and shall identify the
method of selecting project sponsors (including providing full access to
grassroots faith-based and other community-based

organizations).

\[71 FR 6969, Feb. 9, 2006\]

**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 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 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:

\(1\) 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)

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

**Sec. 91.330 Monitoring.**

The consolidated plan must describe the standards and procedures that
the State will use to monitor activities carried out in furtherance of
the plan and will use to ensure long-term compliance with requirements
of the programs involved, including the comprehensive planning
requirements.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995\]

**Subpart E Consortia; Contents of Consolidated Plan**

**Sec. 91.400 Applicability.**

This subpart applies to HOME program consortia, as defined in Sec. 91.5
(see 24 CFR part 92). Units of local government that participate in a
consortium must participate in submission of a consolidated plan for the
consortium, prepared in accordance with this subpart. CDBG entitlement
communities that are members of a consortium must provide additional
information for the consolidated plan, as described in this subpart.

**Sec. 91.401 Citizen participation plan.**

The consortium must have a citizen participation plan that complies with
the requirements of Sec. 91.105. If the consortium contains one or more
CDBG entitlement communities, the consortium\'s citizen participation
plan must provide for citizen participation within each CDBG entitlement
community, either by the consortium or by the CDBG entitlement
community, in a manner sufficient for the CDBG entitlement community to
certify that it is following a citizen participation plan.

**Sec. 91.402 Consolidated program year.**

\(a\) Same program year for consortia members. All units of general
local government that are members of a consortium must be on the same
program year for CDBG, HOME, ESG, and HOPWA. The program year shall run
for a twelve month period and begin on the first calendar day of a
month.

\(b\) Transition period. (1) A consortium in existence on February 6,
1995, with all members having aligned program years must comply with
paragraph (a) of this section. A consortium in existence on February 6,
1995, in which all members do not have aligned program years will be

allowed a transition period during the balance of its current consortium
agreement to bring the program year for all members into alignment.

\(2\) During any such transition period, the lead agency (if it is a
CDBG entitlement community) must submit, as its consolidated plan, a
plan that complies with this subpart for the consortium,

plus its nonhousing Community Development Plan (in accordance with Sec.
91.215). All other CDBG entitlement communities in the consortium may
submit their respective nonhousing Community Development Plans (Sec.
91.215(e)), an Action Plan (Sec. 91.220) and the certifications (Sec.
91.425(a) and (b)) in accordance with their individual program years.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 10427, Feb. 24, 1995\]

**Sec. 91.405 Housing and homeless needs assessment.**

Housing and homeless needs must be described in the consolidated plan in
accordance with the provisions of Sec. 91.205 for the entire consortium.
In addition to describing these needs for the entire consortium, the
consolidated plan may also describe these needs for individual
communities that are members of the consortium.

(Approved by the Office of Management and Budget under control number
2506-0117)

**Sec. 91.410 Housing market analysis.**

Housing market analysis must be described in the consolidated plan in
accordance with the provisions of Sec. 91.210 for the entire consortium.
In addition to describing market conditions for the entire consortium,
the consolidated plan may also describe these conditions for individual
communities that are members of the consortium.

(Approved by the Office of Management and Budget under control number
2506-0117)

**Sec. 91.415 Strategic plan.**

Strategies and priority needs must be described in the consolidated plan
in accordance with the provisions of Sec. 91.215 for the entire
consortium. The consortium is not required to submit a nonhousing
Community Development Plan; however, if the consortium includes CDBG

entitlement communities, the consolidated plan must include the
nonhousing Community Development Plans of the CDBG entitlement community
members of the consortium. The consortium must set forth its priorities
for allocating housing (including CDBG and ESG, where applicable)
resources geographically within the consortium, describing how the
consolidated plan will address the needs identified (in accordance with
Sec. 91.405), describing the reasons for the consortium\'s allocation
priorities, and identifying any obstacles there are to addressing
underserved needs.

(Approved by the Office of Management and Budget under control number
2506-0117)

**Sec. 91.420 Action plan.**

\(a\) Form application. The action plan for the consortium must include
a Standard Form 424 for the consortium for the HOME program. Each
entitlement jurisdiction also must submit a Standard Form 424 for its
funding under the CDBG program and, if applicable, the ESG and HOPWA

programs.

\(b\) Description of resources and activities. The action plan must
describe the resources to be used and activities to be undertaken to
pursue its strategic plan. The consolidated plan must provide this
description for all resources and activities within the entire
consortium as a whole, as well as a description for each individual
community that is a member of the consortium.

(Approved by the Office of Management and Budget under control number
2506-0117)

**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.

\(iv\) 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)

**Sec. 91.430 Monitoring.**

The consolidated plan must describe the standards and procedures that
the consortium will use to monitor activities carried out in furtherance
of the plan and will use to ensure long-term compliance with
requirements of the programs involved, including minority business
outreach and the comprehensive planning requirements.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995; 60 FR 4861, Jan. 25, 1995\]

**Subpart F Other General Requirements**

**Sec. 91.500 HUD approval action.**

\(a\) General. HUD will review the plan upon receipt. The plan will be
deemed approved 45 days after HUD receives the plan, unless before that
date HUD has notified the jurisdiction that the plan is disapproved.

\(b\) Standard of review. HUD may disapprove a plan or a portion of a
plan if it is inconsistent with the purposes of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12703), if it is
substantially incomplete, or, in the case of certifications applicable
to the CDBG program under Sec. Sec. 91.225 (a) and (b) or 91.325 (a) and
(b), if it is not satisfactory to the Secretary in accordance with Sec.
Sec. 570.304, 570.429(g), or 570.485(c) of this title, as applicable.
The following are examples of consolidated plans that are substantially
incomplete:

\(1\) A plan that was developed without the required citizen
participation or the required consultation;

\(2\) A plan that fails to satisfy all the required elements in this
part; and

\(3\) A plan for which a certification is rejected by HUD as inaccurate,
after HUD has inspected the evidence and provided due notice and
opportunity to the jurisdiction for comment; and

\(4\) A plan that does not include a description of the manner in which
the unit of general local government or state will provide financial or
other assistance to a public housing agency if the public housing agency
is designated as \`\`troubled\'\' by HUD.

\(c\) Written notice of disapproval. Within 15 days after HUD notifies a
jurisdiction that it is disapproving its plan, it must inform the
jurisdiction in writing of the reasons for disapproval and actions that
the jurisdiction could take to meet the criteria for approval.
Disapproval of a plan with respect to one program does not affect
assistance distributed on the basis of a formula under other programs.

\(d\) Revisions and resubmission. The jurisdiction may revise or
resubmit a plan within 45 days after the first notification of
disapproval. HUD must respond to approve or disapprove the plan within
30 days of receiving the revisions or resubmission.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995, as amended at 60 FR 56909, Nov. 9, 1995; 61
FR 54920, Oct. 22, 1996; 71 FR 6970, Feb. 9, 2006\]

**Sec. 91.505 Amendments to the consolidated plan.**

\(a\) Amendments to the plan. The jurisdiction shall amend its approved
plan whenever it makes one of the following decisions:

\(1\) To make a change in its allocation priorities or a change in the
method of distribution of funds;

\(2\) To carry out an activity, using funds from any program covered by
the consolidated plan (including program income), not previously
described in the action plan; or

\(3\) To change the purpose, scope, location, or beneficiaries of an
activity.

\(b\) Criteria for substantial amendment. The jurisdiction shall
identify in its citizen participation plan the criteria it will use for
determining what constitutes a substantial amendment. It is these

substantial amendments that are subject to a citizen participation
process, in accordance with the jurisdiction\'s citizen participation
plan. (See Sec. Sec. 91.105 and 91.115.)

\(c\) Submission to HUD. (1) Upon completion, the jurisdiction must make
the amendment public and must notify HUD that an amendment has been
made. The jurisdiction may submit a copy of each amendment to HUD as it
occurs, or at the end of the program year. Letters transmitting copies
of amendments must be signed by the official representative of the

jurisdiction authorized to take such action.

\(2\) See subpart B of this part for the public notice procedures
applicable to substantial amendments. For any amendment affecting the
HOPWA program that would involve acquisition, rehabilitation,
conversion, lease, repair or construction of properties to provide
housing, an environmental review of the revised proposed use of funds
must be completed by HUD in accordance with 24 CFR 574.510.

(Approved by the Office of Management and Budget under control number
2506-0117)

**Sec. 91.510 Consistency determinations.**

\(a\) Applicability. For competitive programs, a certification of
consistency of the application with the approved consolidated plan for
the jurisdiction may be required, whether the applicant is the
jurisdiction or another applicant.

\(b\) Certifying authority. (1) The certification must be obtained from
the unit of general local government if the project will be located in a
unit of general local government that: is required to have a
consolidated plan, is authorized to use an abbreviated consolidated plan
but elects to prepare and has submitted a full consolidated plan, or is
authorized to use an abbreviated consolidated plan and is applying for
the same program as the applicant pursuant to the same Notice of Funding
Availability (and therefore has or will have an abbreviated consolidated

plan for the fiscal year for that program).

\(2\) If the project will not be located in a unit of general local
government, the certification may be obtained from the State or, if the
project will be located in a unit of general local government authorized
to use an abbreviated consolidated plan, from the unit of general local
government if it is willing to prepare such a plan.

\(3\) Where the recipient of a HOPWA grant is a city that is the most
populous unit of general local government in an EMSA, it also must
obtain and keep on file certifications of consistency from such public
officials for each other locality in the EMSA in which housing
assistance is provided.

\(c\) Meaning. A jurisdiction\'s certification that an application is
consistent with its consolidated plan means the jurisdiction\'s plan
shows need, the proposed activities are consistent with the

jurisdiction\'s strategic plan, and the location of the proposed
activities is consistent with the geographic areas specified in the
plan. The jurisdiction shall provide the reasons for the denial when it
fails to provide a certification of consistency.

(Approved by the Office of Management and Budget under control number
2506-0117)

**Sec. 91.515 Funding determinations by HUD.**

\(a\) Formula funding. The action plan submitted by the jurisdiction
will be considered as the application for the CDBG, HOME, ESG, and HOPWA
formula grant programs. The Department will make its funding award
determination after reviewing the plan submission in accordance with
Sec. 91.500.

\(b\) Other funding. For other funding, the jurisdiction must still
respond to Notices of Funding Availability for the individual programs
in order to receive funding.

(Approved by the Office of Management and Budget under control number
2506-0117)

**Sec. 91.520 Performance reports.**

\(a\) General. Each jurisdiction that has an approved consolidated plan
shall annually review and report, in a form prescribed by HUD, on the
progress it has made in carrying out its strategic plan and its action
plan. The performance report must include a description of the resources
made available, the investment of available resources, the geographic
distribution and location of investments, the families and persons
assisted (including the racial and ethnic status of persons

assisted), actions taken to affirmatively further fair housing, and
other actions indicated in the strategic plan and the action plan. This
performance report shall be submitted to HUD within 90 days after the
close of the jurisdiction\'s program year.

\(b\) Affordable housing. The report shall include an evaluation of the
jurisdiction\'s progress in meeting its specific objective of providing
affordable housing, including the number and types of families served.
This element of the report must include the number of extremely
low-income, low-income, moderate-income, and middle-income persons
served.

\(c\) CDBG. For CDBG recipients, the report shall include a description
of the use of CDBG funds during the program year and an assessment by
the jurisdiction of the relationship of that use to the priorities and
specific objectives identified in the plan, giving special attention to
the highest priority activities that were identified. This element of
the report must specify the nature of and reasons for any changes in its
program objectives and indications of how the jurisdiction would change
its programs as a result of its experiences. This element of the report
also must include the number of extremely low-income, low-income, and
moderate-income persons served by each activity where information on
income by family size is required to determine the eligibility of the
activity.

\(d\) HOME. For HOME participating jurisdictions, the report shall
include the results of on-site inspections of affordable rental housing
assisted under the program to determine compliance with housing codes
and other applicable regulations, an assessment of the jurisdiction\'s
affirmative marketing actions and outreach to minority-owned and
women-owned businesses, and data on the amount and use of program income
for projects, including the number of projects and owner and tenant
characteristics.

\(e\) HOPWA. For jurisdictions receiving funding under the Housing
Opportunities for Persons With AIDS program, the report must include the
number of individuals assisted and the types of assistance provided.

\(f\) Evaluation by HUD. HUD shall review the performance report and
determine whether it is satisfactory. If a satisfactory report is not
submitted in a timely manner, HUD may suspend funding until a
satisfactory report is submitted, or may withdraw and reallocate funding
if HUD determines, after notice and opportunity for a hearing, that the
jurisdiction will not submit a satisfactory report.

\(g\) The report will include a comparison of the proposed versus actual
outcomes for each outcome measure submitted with the consolidated plan
and explain, if applicable, why progress was not made toward meeting
goals and objectives.

(Approved by the Office of Management and Budget under control number
2506-0117)

\[60 FR 1896, Jan. 5, 1995, as amended at 71 FR 6971, Feb. 9, 2006\]

**Sec. 91.525 Performance review by HUD.**

\(a\) General. HUD shall review the performance of each jurisdiction

covered by this part at least annually, including site visits by
employees\--insofar as practicable, assessing the following:

\(1\) Management of funds made available under programs administered by
HUD;

\(2\) Compliance with the consolidated plan;

\(3\) Accuracy of performance reports;

\(4\) Extent to which the jurisdiction made progress towards the
statutory goals identified in Sec. 91.1; and

\(5\) Efforts to ensure that housing assisted under programs
administered by HUD is in compliance with contractual agreements and the
requirements of law.

\(b\) Report by HUD. HUD shall report on the performance review in
writing, stating the length of time the jurisdiction has to review and
comment on the report, which will be at least 30 days. HUD may revise
the report after considering the jurisdiction\'s views, and shall make
the report, the jurisdiction\'s comments, and any revisions available to
the public within 30 days after receipt of the jurisdiction\'s comments.

**Sec. 91.600 Waiver authority.**

Upon determination of good cause, HUD may, subject to statutory
limitations, waive any provision of this part. Each such waiver must be
in writing and must be supported by documentation of the pertinent facts
and grounds.

\[60 FR 50802, Sept. 29, 1995\]