24 CFR 91.225 - Certifications.

§ 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 § 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 take meaningful actions to further the goals identified in the AFH conducted in accordance with the requirements of 24 CFR 5.150 through 5.180, and that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing.

(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)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.

(4)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.

(5)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.

(6)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.

(7)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 § 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)ESG. For jurisdictions that seek ESG funding under 24 CFR part 576, the following certifications are required:

(1) If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation;

(2) If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion;

(3) In all other cases where ESG funds are used for renovation, the jurisdiction will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation;

(4) In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the jurisdiction 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, so long as the jurisdiction serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area;

(5) Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary;

(6) The jurisdiction will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal, State, local, and private assistance available for these individuals;

(7) The jurisdiction will obtain matching amounts required under 24 CFR 576.201;

(8) The jurisdiction has established and is implementing 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;

(9) To the maximum extent practicable, the jurisdiction will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the program, and in providing services for occupants of facilities assisted under the program;

(10) All activities the jurisdiction undertakes with assistance under ESG are consistent with the jurisdiction's consolidated plan; and

(11) The jurisdiction will establish and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health-care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these 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 §§ 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 § 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; 72 FR 73493, Dec. 27, 2007; 76 FR 75970, Dec. 5, 2011; 80 FR 42365, 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

§ 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