Wyoming Administrative Code › Agency 085 - Business Council › Sub-Agency 0010 - Community Development Block Grant › Chapter 1 - GENERAL POLICIES › Section 1-4 - Eligible Activities

Current through July 13, 2024
(a) The eligible
				activities are restricted to projects meeting the criteria outlined in section
				105(a) of the Housing and Community Development Act of 1974, as amended through
				1992. Consistent with section 105(a), the following criteria shall be applied
				to determine eligible activities:
(i) The
				acquisition of real property (including air rights, water rights, and other
				interests therein) that are blighted, deteriorated, deteriorating, undeveloped,
				or inappropriately developed from the standpoint of sound community development
				and growth; appropriate for rehabilitation or conservation activities;
				appropriate for the preservation or restoration of historic sites, the
				beautification of urban land, the conservation of open spaces, natural
				resources, and scenic areas, the provision of recreational opportunities, or
				the guidance of urban development; to be used for the provision of public
				works, facilities, and improvements eligible for assistance under this title;
				or to be used for other public purposes;
(ii) The acquisition, construction,
				reconstruction, or installation (including design features and improvements
				with respect to such construction, reconstruction, or installation that promote
				energy efficiency) of public works, facilities (except for buildings for the
				general conduct of government), and sites or other improvements;
(iii) Code enforcement in deteriorated or
				deteriorating areas in which such enforcement, together with public or private
				improvements or services to be provided, may be expected to arrest the decline
				of the area;
(iv) Clearance,
				demolition, removal, and rehabilitation (including rehabilitation that promotes
				energy efficiency) of buildings and improvements (including interim assistance,
				financing public or private acquisition for rehabilitation, and rehabilitation
				of privately owned properties and including the renovation of closed school
				buildings);
(v) Special projects
				directed to the removal of material and architectural barriers restrict the
				mobility and accessibility of elderly and handicapped persons;
(vi) Payments to housing owners for losses of
				rental income incurred in holding for temporary periods housing units to be
				utilized for the relocation of individuals and families displaced by activities
				under this title;
(vii) Disposition
				(through sale, lease, donation or otherwise) of any real property acquired
				pursuant to this title or its retention for public purposes;
(viii) Provisions of public services,
				including but not limited to those concerned with employment, crime prevention,
				child care, health, drug abuse, education, energy conservation, welfare or
				recreation needs, if such services have not been provided by the unit of
				general local government (through funds raised by the such unit, or received by
				such unit from the state in which it is located) during any part of the
				twelve-month period immediately preceding the date of submission of the
				statement with respect to those funds that are to be made available under this
				title, and are to be used for such services, unless the secretary of HUD finds
				that the discontinuation of such services was the result of events not within
				the control of the unit of general local government, except that not more than
				15 percent of the amount of any assistance to a unit of general local
				government (or in the case of non-entitled communities not more than 15 percent
				statewide) under this title including program income may be used for activities
				under this paragraph unless such unit of general local government used more
				than 15 percent of the assistance received under this title for fiscal year
				1982 or fiscal year 1983 for such activities (excluding any assistance received
				pursuant to Public Law 98-8 ), in which case such unit of general local
				government may use not more than the percentage or amount of such assistance
				used for such activities for such fiscal year, whichever method of calculation
				yields the higher amount;
(ix)
				Payment of the non-federal share required in connection with a federal grant in
				aid program undertaken as part of activities assisted under this
				title;
(x) Payment of the cost of
				completing a project funded under title I of the Housing Act of 1949;
(xi) Relocation payments and assistance for
				displaced individuals, families, businesses, organizations, and farm
				operations, when determined by the grantee to be appropriate;
(xii) Activities necessary (A) to develop a
				comprehensive community development plan, and (B) to develop a
				policy-planning-management capacity so that the recipient of assistance under
				this title may more rationally and effectively (I) determine its needs, (II)
				set long-term goals and short-term objectives, (III) devise programs and
				activities to meet these goals and objectives, (IV) evaluate the progress of
				such programs in accomplishing these goals and objectives, and (V) carry out
				management, coordination, and monitoring of activities necessary for effective
				planning implementation;
(xiii)
				Payment of reasonable administrative costs related to establishing and
				administering federally approved enterprise zones and payment of reasonable
				administrative costs and carrying charges related to the planning and execution
				of community development and housing activities, including the provision of
				information and resources to residents of areas in which community development
				and housing activities are to be concentrated with respect to the planning and
				execution of such activities, and including the carrying out of activities as
				described in section 701(e) of the Housing Act of 1954 on the date prior to the
				date of enactment of the Housing and Community Development Amendments of 1981;
				and
(xiv) Provision of assistance
				including loans (both interim and long term) and grants for activities are
				carried out by public or private nonprofit entities, including (A) acquisition
				of real property; (B) acquisition, construction, reconstruction,
				rehabilitation, or installation of (I) public facilities (except for buildings
				for the general conduct of government), site improvements, and utilities, and
				(II) commercial or industrial buildings or structures and other commercial or
				industrial real property improvements; and (C) planning;
(xv) Assistance to neighborhood-based
				non-profit organizations, local development corporations, non-profit
				organizations serving the development needs of the communities of
				non-entitlement areas, or entities organized under section 301(d) of the Small
				Business Investment Act of 1958 to carry out a neighborhood revitalization or
				community economic development or energy conservation project in furtherance of
				the objectives of section 101(c), and assistance to neighborhood-based
				non-profit organizations, or other private or public non-profit organizations,
				for the purpose of assisting, as part of neighborhood revitalization or other
				community development, the development of shared housing opportunities (other
				than by construction of new facilities) in which elderly families (as defined
				in section
				3(b)(3) of the United
				States Housing Act of 1937) benefit as a result of living in a dwelling in
				which the facilities are shared with others in a manner that effectively and
				efficiently meets the housing needs of the residents and thereby reduces their
				cost of housing;
(xvi) Activities
				necessary to the development of energy use strategies related to recipient's
				development goals, to assure that those goals are achieved with maximum energy
				efficiency, including items such as:
(A) An
				analysis of the manner in, and the extent to, energy conservation objectives
				will be integrated into local government operations, purchasing and service
				delivery, capital improvements, budgeting, waste management, district heating
				and cooling, land use planning and zoning, and traffic control, parking, and
				public transportation functions; and
(B) A statement of the actions the recipient
				will take to foster energy conservation and the use of renewable energy
				resources in the private sector, including the enactment and enforcement of
				local codes and ordinances to encourage or mandate energy conservation or use
				of renewable energy resources, financial and other assistance to be provided
				(principally for the benefit of low and moderate income persons) to make energy
				conserving improvements to residential structures, and any other proposed
				energy conservation activities.
(xvii) Provisions of assistance to private,
				for-profit entities, when the assistance is appropriate to carry out an
				economic development project, (that shall minimize, to the extent practicable
				displacement of existing businesses and jobs in neighborhoods) that:
(A) Creates or retains jobs for low and
				moderate income persons;
(B)
				Prevents or eliminates slums and blight;
(C) Meets urgent needs;
(D) Creates or retains businesses owned by
				community residents;
(E) Assists
				businesses that provide goods or services needed by, and affordable to, low and
				moderate income residents; or
(F)
				Provides technical assistance to promote any of the activities under
				subparagraphs (A) through (E).
(xviii) The rehabilitation or development of
				housing assisted under section
				17 of the United States Housing Act of
				1937;
(xix) Provision of assistance
				to facilitate substantial reconstruction of housing owned and occupied by low
				and moderate income persons (A) where the need for reconstruction was not
				determinable until after rehabilitation under this section had already
				commenced, or (B) where the reconstruction is part of a neighborhood
				rehabilitation effort and the grantee (I) determines the housing is not
				suitable for rehabilitation, and (II) demonstrates to the satisfaction of the
				secretary of the Department of Housing and Urban Development (HUD) that the
				cost of substantial reconstruction is significantly less than the cost of new
				construction and less than the fair market value of the property after
				substantial reconstruction;
(xx)
				Provision of technical assistance to public or nonprofit entities to increase
				the capacity such entities to carry out eligible neighborhood revitalization or
				economic development activities, assistance shall not be considered a planning
				cost as defined in paragraph (xii) or administrative cost as defined in
				paragraph (xiii);
(xxi) Housing
				services, such as housing counseling, energy auditing, preparation of work
				specifications, loan processing, inspections, tenant selection, management of
				tenant-based rental assistance, and other services related to assisting owners,
				tenants, contractors, and other entities, participating or seeking to
				participate in housing activities authorized under this section, or under title
				II of the Cranston-Gonzalez National Affordable Housing Act, except that,
				activities under this paragraph shall be subject to any limitation on
				administrative expenses imposed by any law;
(xxii) Provision of assistance by recipients
				under this title to institutions of higher education having a demonstrated
				capacity to carry out eligible activities under this subsection for carrying
				out such activities;
(xxiii)
				Provision of assistance to public and private organizations, agencies, and
				other entities (including nonprofit and for-profit entities) to enable such
				entities to facilitate economic development by;
(A) Providing credit (including providing
				direct loans and loan guarantees, establishing revolving loan funds, and
				facilitating peer lending programs) for the establishment, stabilization, and
				expansion of micro enterprises;
(B)
				Providing technical assistance, advice, and business support services
				(including assistance, advice, and support relating to developing business
				plans, securing funding, conducting marketing, and otherwise engaging in micro
				enterprise activities) to owners of micro-enterprises and persons developing
				micro-enterprises; and
(C)
				Providing general support (such as peer support programs and counseling) to
				owners of micro-enterprises and persons developing micro-enterprises;
(xxiv) Activities necessary to
				make essential repairs and to pay operating expenses necessary to maintain the
				habitability of housing units acquired through tax foreclosure proceedings in
				order to prevent abandonment and deterioration of such housing in primarily low
				and moderate income neighborhoods; and
(xxv) Provision of direct assistance to
				facilitate and expand home ownership among persons of low and moderate income
				(except that such assistance shall not be considered a public service for
				purposes of paragraph (viii) by using such assistance to:
(A) Subsidize interest rates and mortgage
				principal amounts for low and moderate income home buyers;
(B) Finance the acquisition by low to
				moderate income homebuyers of housing that is occupied by the
				homebuyers;
(C) Acquire guarantees
				for mortgage financing obtained by low and moderate income homebuyers from
				private lenders (except that amounts received under this title may not be used
				under this subparagraph to directly guarantee such mortgage financing and
				grantees under this title may not directly provide such guarantees);
(D) Provide up to 50 percent of any down
				payment required from low or moderate income homebuyers; or
(E) Pay reasonable closing costs (normally
				associated with the purchase of a home) incurred by a low or moderate income
				home buyer.