24 CFR 91.105 - Citizen participation plan; local governments.

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§ 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 August 17, 2015, adopted a citizen participation plan it, will need to amend the citizen participation plan to comply with provisions of this section.)

(2) Encouragement of citizen participation.

(i) The citizen participation plan must provide for and encourage citizens to participate in the development of the AFH, any revisions to the AFH, the consolidated plan, any substantial amendment to the consolidated plan, and the performance report. These requirements are designed especially to encourage participation by low- and moderate-income persons, particularly those persons living in areas designated by the jurisdiction as a revitalization area or in a slum and blighted area 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 must take appropriate actions to encourage the participation of all its citizens, including minorities and non-English speaking persons, as provided in paragraph (a)(4) of this section, as well as persons with disabilities.

(ii) The jurisdiction shall encourage the participation of local and regional institutions, Continuums of Care, and other organizations (including businesses, developers, nonprofit organizations, philanthropic organizations, and community-based and faith-based organizations) in the process of developing and implementing the AFH and the consolidated plan.

(iii) The jurisdiction shall encourage, in conjunction with consultation with public housing agencies, the participation of residents of public and assisted housing developments (including any resident advisory boards, resident councils, and resident management corporations) in the process of developing and implementing the AFH and the consolidated plan, along with other low-income residents of targeted revitalization areas in which the developments are located. The jurisdictions shall make an effort to provide information to the PHA about the AFH, AFFH strategy, and consolidated plan activities related to its developments and surrounding communities so that the PHA can make this information available at the annual public hearing(s) required for the PHA Plan.

(iv) The jurisdiction should 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 the Internet.

(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.

(4) The citizen participation plan shall describe the jurisdiction's procedures for assessing its language needs and identify any need for translation of notices and other vital documents. At a minimum, the citizen participation plan shall require that the jurisdiction take reasonable steps to provide language assistance to ensure meaningful access to participation by non-English-speaking residents of the community.

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

(1)

(i) The citizen participation plan must require that at or as soon as feasible after the start of the public participation process the jurisdiction will make the HUD-provided data and any other supplemental information the jurisdiction plans to incorporate into its AFH available to its residents, public agencies, and other interested parties. The jurisdiction may make the HUD-provided data available to the public by cross-referencing to the data on HUD's Web site.

(ii) The citizen participation plan must require that, before the jurisdiction adopts a consolidated plan, the jurisdiction will make available to residents, 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.

(iii) 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 AFH and the proposed consolidated plan in a manner that affords its residents, public agencies, and other interested parties a reasonable opportunity to examine its content and to submit comments. The citizen participation plan must set forth how the jurisdiction will publish the proposed AFH and the proposed consolidated plan and give reasonable opportunity to examine each document's content. The requirement for publishing may be met by publishing a summary of each document in one or more newspapers of general circulation, and by making copies of each document available on the Internet, on the jurisdiction's official government Web site, and as well at libraries, government offices, and public places. The summary must describe the content and purpose of the AFH or the consolidated plan (as applicable), and must include a list of the locations where copies of the entire proposed document may be examined. In addition, the jurisdiction must provide a reasonable number of free copies of the plan or the AFH (as applicable) to residents and groups that request it.

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

(4) The citizen participation plan must provide a period, not less than 30 calendar days, to receive comments from residents of the community on the consolidated plan or the AFH (as applicable).

(5) The citizen participation plan shall require the jurisdiction to consider any comments or views of residents of the community received in writing, or orally at the public hearings, in preparing the final AFH or the final consolidated plan (as applicable). A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, shall be attached to the final AFH or the final consolidated plan (as applicable).

(c) Consolidated plan amendments and AFH revisions - (1)(i) 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 § 91.505.) The citizen participation plan must include, among the criteria for a substantial amendment, changes in the use of CDBG funds from one eligible activity to another.

(ii) Criteria for revision to the AFH. The jurisdiction must specify the criteria the jurisdiction will use for determining when revisions to the AFH will be required. (At a minimum, the specified criteria must include the situations described in 24 CFR 5.164.)

(2) The citizen participation plan must provide community residents with reasonable notice and an opportunity to comment on substantial amendments to the consolidated plan and revisions to the AFH. 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, of not less than 30 calendar days, to receive comments on the consolidated plan substantial amendment or any revision to the AFH before the consolidated plan substantial amendment is implemented or the revised AFH is submitted to HUD for review.

(3) The citizen participation plan shall require the jurisdiction to consider any comments or views of residents of the community received in writing, or orally at public hearings, if any, in preparing the substantial amendment of the consolidated plan or significant revision to the AFH (as applicable). A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, shall be attached to the substantial amendment of the consolidated plan or revision to the AFH (as applicable).

(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)(i) Consolidated plan. The citizen participation plan must provide for at least two public hearings per year to obtain residents' 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, proposed strategies and actions for affirmatively furthering fair housing consistent with the AFH, and a review of program performance.

(ii) Minimum number of hearings. To obtain the views of residents of the community on housing and community development needs, including priority nonhousing community development needs and affirmatively furthering fair housing, the citizen participation plan must provide that at least one of these hearings is held before the proposed consolidated plan is published for comment.

(iii) Assessment of Fair Housing. To obtain the views of the community on AFH-related data and affirmatively furthering fair housing in the jurisdiction's housing and community development programs, the citizen participation plan must provide that at least one public hearing is held before the proposed AFH 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 residents of the community with reasonable and timely access to local meetings, consistent with accessibility and reasonable accommodation requirements, in accordance with section 504 of the Rehabilitation Act of 1973 and the regulations at 24 CFR part 8; and the Americans with Disabilities Act and the regulations at 28 CFR parts 35 and 36, as applicable.

(g) Availability to the public. The citizen participation plan must provide that the consolidated plan as adopted, consolidated plan substantial amendments, HUD-accepted AFH, revisions to the AFH, 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 residents of the community, public agencies, and other interested parties with reasonable and timely access to information and records relating to the jurisdiction's AFH, consolidated plan, and use of assistance under the programs covered by this part during the preceding 5 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 commenting on the AFH and 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 its residents related to the consolidated plan, amendments, AFH, revisions, and the performance report. At a minimum, the citizen participation plan shall require that the jurisdiction must provide a timely, substantive written response to every written resident 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 or AFH.

(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; 76 FR 75967, Dec. 5, 2011; 80 FR 42360, July 16, 2015]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 3535 - Administrative provisions

§ 3601 - Declaration of policy

§ 3602 - Definitions

§ 3603 - Effective dates of certain prohibitions

§ 3604 - Discrimination in the sale or rental of housing and other prohibited practices

§ 3605 - Discrimination in residential real estate-related transactions

§ 3606 - Discrimination in the provision of brokerage services

§ 3607 - Religious organization or private club exemption

§ 3608 - Administration

§ 3608a - Collection of certain data

§ 3609 - Education and conciliation; conferences and consultations; reports

§ 3610 - Administrative enforcement; preliminary matters

§ 3611 - Subpoenas; giving of evidence

§ 3612 - Enforcement by Secretary

§ 3613 - Enforcement by private persons

§ 3614 - Enforcement by Attorney General

§ 3614-1

§ 3614a - Rules to implement subchapter

§ 3615 - Effect on State laws

§ 3616 - Cooperation with State and local agencies administering fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in Federal Register

§ 3616a - Fair housing initiatives program

§ 3617 - Interference, coercion, or intimidation

§ 3618 - Authorization of appropriations

§ 3619 - Separability

§ 5301 - Congressional findings and declaration of purpose

§ 5302 - General provisions

§ 5303 - Grants to States, units of general local government and Indian tribes; authorizations

§ 5304 - Statement of activities and review

§ 5305 - Activities eligible for assistance

§ 5306 - Allocation and distribution of funds

§ 5307 - Special purpose grants

§ 5308 - Guarantee and commitment to guarantee loans for acquisition of property

§ 5309 - Nondiscrimination in programs and activities

§ 5310 - Labor standards; rate of wages; exceptions; enforcement powers

§ 5311 - Remedies for noncompliance with community development requirements

§ 5312 - Use of grants for settlement of outstanding urban renewal loans of units of general local government

§ 5313 - Reporting requirements

§ 5314 - Consultation by Secretary with other Federal departments, etc.

§ 5315 - Interstate agreements or compacts; purposes

§ 11331 - Emergency Food and Shelter Program National Board

§ 11332 - Local boards

§ 11333 - Role of Federal Emergency Management Agency

§ 11334 - Records and audit of National Board and recipients of assistance

§ 11335 - Annual report

§ 11341 - Grants by Director

§ 11342 - Retention of interest earned

§ 11343 - Purposes of grants

§ 11344 - Limitation on certain costs

§ 11345 - Disbursement of funds

§ 11346 - Program guidelines

§ 11351 - Definitions

§ 11352 - Authorization of appropriations

§ 11360 - Definitions

§ 11360a - Collaborative applicants

§ 11361 - Housing affordability strategy

§ 11361a - Preventing involuntary family separation

§ 11361b - Technical assistance

§ 11362 - Discharge coordination policy

§ 11363 - Protection of personally identifying information by victim service providers

§ 11364 - Authorization of appropriations

§ 11371 - Definitions

§ 11372 - Grant assistance

§ 11372a - Amount and allocation of assistance

§ 11373 - Allocation and distribution of assistance

§ 11374 - Eligible activities

§ 11375 - Responsibilities of recipients

§ 11376 - Administrative provisions

§ 11377 - Repealed. Pub. L. 111–22, div. B, title II, § 1201(2), May 20, 2009, 123 Stat. 1678

§ 11378 - Administrative costs

§ 11381 - Purposes

§ 11382 - Continuum of care applications and grants

§ 11383 - Eligible activities

§ 11384 - Incentives for high-performing communities

§ 11385 - Supportive services

§ 11386 - Program requirements

§ 11386a - Selection criteria

§ 11386b - Allocation of amounts and incentives for specific eligible activities

§ 11386c - Renewal funding and terms of assistance for permanent housing

§ 11386d - Matching funding

§ 11386e - Appeal procedure

§ 11387 - Regulations

§ 11388 - Reports to Congress

§ 12701 - National housing goal

§ 12702 - Objective of national housing policy

§ 12703 - Purposes of Cranston-Gonzalez National Affordable Housing Act

§ 12704 - Definitions

§ 12705 - State and local housing strategies

§ 12705a - Purposes of Removal of Regulatory Barriers to Affordable Housing Act

§ 12705b - Definition of regulatory barriers to affordable housing

§ 12705c - Grants for regulatory barrier removal strategies and implementation

§ 12705d - Regulatory barriers clearinghouse

§ 12706 - Certification

§ 12707 - Citizen participation

§ 12708 - Compliance

§ 12709 - Energy efficiency standards

§ 12710 - Capacity study

§ 12711 - Protection of State and local authority

§ 12741 - Authority

§ 12742 - Eligible uses of investment

§ 12743 - Development of model programs

§ 12744 - Income targeting

§ 12745 - Qualification as affordable housing

§ 12746 - Participation by States and local governments

§ 12747 - Allocation of resources

§ 12748 - HOME Investment Trust Funds

§ 12749 - Repayment of investment

§ 12750 - Matching requirements

§ 12751 - Private-public partnership

§ 12752 - Distribution of assistance

§ 12753 - Penalties for misuse of funds

§ 12754 - Limitation on jurisdictions under court order

§ 12755 - Tenant and participant protections

§ 12756 - Monitoring of compliance

§ 12901 - Purpose

§ 12902 - Definitions

§ 12903 - General authority

§ 12904 - Eligible activities

§ 12905 - Responsibilities of grantees

§ 12906 - Grants for AIDS housing information and coordination services

§ 12907 - AIDS short-term supported housing and services

§ 12908 - Rental assistance

§ 12909 - Single room occupancy dwellings

§ 12910 - Grants for community residences and services

§ 12911 - Report

§ 12912 - Authorization of appropriations

Public Laws

Title 24 published on 2015-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 24 CFR Part 91 after this date.

  • 2015-12-04; vol. 80 # 233 - Friday, December 4, 2015
    1. 80 FR 75791 - Homeless Emergency Assistance and Rapid Transition to Housing: Defining “Chronically Homeless”
      GPO FDSys XML | Text
      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Office of the Assistant Secretary for Community Planning and Development, HUD
      Final rule.
      Effective Date: January 4, 2016. Compliance Dates: Continuum of Care recipients must comply with the regulations promulgated by this rule as of January 15, 2016. The Continuum of Care Program grant agreement provides that upon publication of a final rule for the Continuum of Care Program, that follows the July 31, 2012, interim rule, the final rule, not the prior interim rule, will govern the grant agreement. Continuum of Care Program recipients, therefore, must comply with the regulations promulgated by this rule for all program participants admitted after January 15, 2016. The regulations promulgated by this rule do not apply retroactively to program participants admitted to a Continuum of Care Program project prior to January 15, 2016.
      24 CFR Parts 91 and 578