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.