Sec. 8204 - Eligible Applicant

ยง 8204. Eligible Applicant

(a) In order to be eligible to apply for HOME funds, the applicant shall be a Developer, city or county, or a nonprofit corporation that has been certified as a CHDO by the Department pursuant to Section 8204.1.

(1) Cities and counties shall comply with the following:

(A) A city may only apply for funding for activities within its incorporated boundaries;

(B) A county may only apply for funding for activities within its unincorporated areas;

(C) A city or county applicant shall not have been designated as a participating jurisdiction, or included as part of an urban county, as defined in 24 CFR Section 570.3(ee), or included as part of a consortium, as defined in 24 CFR Section 92.101, for HOME funding for the federal fiscal year for which the NOFA is issued, and

(D) A city or county applicant must demonstrate to the Department's satisfaction that it has:

(i) staff available or has committed to hiring staff able to operate a local HOME program and oversee the work of an administrative subcontractor, if any;

(ii) resolved any audit finding(s), for prior Department, or federally funded housing or community development projects or programs to the satisfaction of the Department or federal agency by which the finding was made,

(iii) provided a self certification that it is not debarred or suspended from participation in federal or state housing or community development projects or programs, and

(iv) provided documentation satisfactory to the Department that it is in compliance with the submittal requirements of OMB A-133, Single Audit Report.

(2) A CHDO applicant shall comply with the following:

(A) have received the Department's certification to serve the jurisdiction in which the project is located;

(B) be eligible to apply for activities located in cities and counties which have not been designated as participating jurisdictions by HUD, or included as part of an urban county, as defined in 24 CFR Section 570.3(ee), or included as part of a consortium, as defined in 24 CFR Section 92.101, for HOME funding from the federal fiscal year for which the NOFA was issued; and

(C) The CHDO must demonstrate to the Department's satisfaction that it has:

(i) resolved any audit findings for prior Department or federally funded housing or community development projects or programs to the satisfaction of the Department or federal agency by which the finding was made,

(ii) provided a self certification that it is not debarred or suspended from participation in federal or state housing or community development projects or programs, and

(iii) provided documentation satisfactory to the Department that it is in compliance with the submittal requirements of OMB A-133, Single Audit Report; and

(D) provide evidence that the CHDO fulfills at least one of the following roles:

(i) sole project developer;

(ii) sole owner; or

(iii) sole general partner.

(3) Developer applicants shall comply with the following:

(A)The Developer is not applying as a CHDO.

(B) Funding for a Developer is only allowed if the type of project or jurisdiction is addressed in the Department's approved Consolidated Plan.

(C) For housing projects on Native American Lands as defined in Section 8201(y) a Developer must be a Native American Entity or a co-owner with a Native American Entity. The Department must include Indian Reservations in its Consolidated Plan before it can fund any housing projects on such lands as referenced in 24 CFR 92.201(b)(5).

(D) A Developer project activity must be located in the State of California in a city or county which has not been designated as a participating jurisdiction by HUD, or included as part of an urban county, as defined in 24 CFR Section 570.3(ee), or included as part of a consortium, as defined in 24 CFR Section 92.101, for HOME funding from the federal fiscal year for which the NOFA was issued; and

(E) A Native American Entity may apply as a Developer for a project activity within its tribal boundaries or within the boundaries of another Tribe. Project activities may be proposed on tribally owned lands outside the jurisdiction of the Tribe. A project activity must be located in the State of California in a city or county which has not been designated as a participating jurisdiction by HUD, or included as part of an urban county, as defined in 24 CFR Section 570.3(ee), or included as part of a consortium, as defined in 24 CFR Section 92.101, for HOME funding from the federal fiscal year for which the NOFA was issued; and

(F) A Developer applicant must demonstrate to the Department's satisfaction that it has:

(i) resolved any audit finding(s), for prior Department, or federally funded housing or community development projects or programs to the satisfaction of the Department or federal agency by which the finding was made,

(ii) provided a self-certification that it is not debarred or suspended from participation in federal or state housing or community development projects or programs.

(b) An applicant with one or more current State HOME contracts for which the expenditure deadline established in the contract(s) has not yet passed shall be ineligible to apply for a program activity unless the applicant has expended at least fifty percent (50%) of the aggregate total of program funds originally awarded.

(1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day. 2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day. 3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day. 4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8203 to section 8204 with amendment of Noteand renumbering of former section 8204 to section 8205 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28). 5. Amendment of section and Notefiled 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11). 6. Amendment of subsection (a), repealer of subsection (a)(2), subsection renumbering, and renumbering and amendment of former subsections (b)-(b)(5) to new section 8204.1 filed 1-22-2001; operative 1-22-2001 pursuant to Government Code section 11343.4(c) (Register 2001, No. 4). 7. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37). 8. Amendment of subsection (a)(2)(B), new subsection (b) and amendment ofNote filed 8-12-2005; operative 9-11-2005 (Register 2005, No. 32). 9. Amendment of subsections (a)(1)(D)(iv), (a)(2)(B) and (a)(2)(C)(iii) filed 12-10-2007; operative 12-10-2007 pursuant to Government Code section 11343.4(Register 2007, No. 50). 10. New subsections (a)(3)-(a)(3)(F)(ii) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).)

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Sections 92.201(b)(3)(i), 92.300(b), 92.504(a) and 570.3; and Sections 50896, 50896.1 and 50896.3, Health and Safety Code.

The following state regulations pages link to this page.