SECTION .0600 ‑ HOME CONSORTIA CATEGORY
04 NCAC 19S .0601 DEFINITION
A consortium of geographically contiguous units of general
local government, non‑profit housing development organizations or state
agencies may submit an application to the Department requesting HOME funds to
carry out activities consistent with the purpose of this Subchapter and the
HOME Program Regulations at 24 CFR Part 92.
(1) Consortia applicants must submit to the Department
on the prescribed forms a HOME Program Consortia funding request. Applications
for Consortia funding will be requested and received on an annual basis.
(2) Eligible activities are those activities that are
otherwise eligible under this Subchapter and at 24 CFR Part 92.205.
(3) Applicants must provide to the Department evidence
that all parties to the consortium have executed a cooperation agreement among
its members authorizing one member unit of general local government to act in a
representative capacity for all members for purposes of this Subchapter and providing
that the representative member assumes overall responsibility for ensuring that
the consortiums HOME program is carried out in compliance with all applicable
state and federal regulations including requirements concerning a Comprehensive
Housing Affordability Strategy.
(a) The agreement must not contain a provision
for veto or other restriction that would allow any party to the agreement to
obstruct the implementation of the approved Comprehensive Housing Affordability
(b) The agreement must be accompanied by
authorizing resolutions from the governing body of each member or other
acceptable evidence that the chief executive officer is authorized to sign the
agreement. The agreement must be signed by the chief executive officer of each
(c) The agreement must contain, or be
accompanied by, a statement from the lead entity's counsel that the terms and
provisions of the agreement are fully authorized under State and local law and
that the agreement provides full legal authority for the consortium to
undertake or assist in undertaking housing activities for the HOME program.
(d) The term of the agreement must cover the
period necessary to carry out all activities that will be funded by HOME funds
and that the entities which join the consortium are required to remain in the
consortium for the entire period. The agreement cannot contain a provision for
termination or withdrawal by any party to the agreement.
(e) If any new entities join the consortium, the
consortium must notify the Department within 30 days.
(f) If the consortium includes a CDBG
Entitlement City as the lead entity, the consortium will be considered to have
sufficient administrative capability to carry out the HOME program. If this is
not the case the consortium must demonstrate relevant experience in
successfully administering programs similar to the HOME program to the
satisfaction of the Department.
(g) Consortia members may include agencies and
organizations which are not units of general local government; only a unit of general
local government is eligible to represent the consortia as required in
Subparagraph (3) of this Rule.
(4) Applicants must have the capacity to administer the
HOME program. The Department may examine the following areas to determine
(a) Audit and monitoring findings on previous
HOME programs, and the applicant's fiscal accountability as demonstrated in
other state or federal programs or local government financial reports; and
(b) The rate of expenditure of funds and
accomplishments in previously funded CDBG programs. Applicants that show a
lack of capacity will not be rated or funded.
(5) All applicants must submit certifications as
prescribed by the Department.
(6) State recipients must enter into an agreement
between the Department and the State recipient which sets forth the full
administrative responsibilities that the State recipient will have in carrying
out its HOME program.
History Note: Filed as a Temporary Adoption Eff. July
17, 1992 for a period of 180 days or until the permanent rule becomes
effective, whichever is sooner;
Authority G.S. 143B‑10; 143B‑431; 24 C.F.R.
Eff. November 2, 1992.