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

Strategy.

(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

member.

(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

capacity:

(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.

Part 92;

Eff. November 2, 1992.