For local governments grantees, the action plan shall describe specific programs and/or activities they will carry out. CDBGDR grantees are directed to HUD's guidance published in CPD Notice 202109, Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992, final rule requirements for CDBG, CDBGCV, CDBGDR, CDBG-Mitigation (CDBGMIT), NSP, section 108, and RHP projects, as amended ( e.g., The OMB extension posting encourages recipients in the less-affected areas to submit their reports as soon as possible. Register for upcoming training, webinars, conferences, and more. During this update, HUD inadvertently omitted a standard. that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. In addition, state grantees may transfer program income before closeout to any annual CDBG-funded activities carried out by a local government within the state. FEMA regulations at 44 CFR 9.11(d)(3)(i) and (ii) prohibit new construction or substantial improvements to a structure unless the lowest floor of the structure is at or above the level of the base flood and, for Critical Actions, at or above the level of the 500-year flood. Grantees must comply with the necessary and reasonable cost principles for state, local, and Indian tribal governments (described at 2 CFR 200.403). If the grantee identifies barriers that may limit or prohibit equitable participation, the grantee must take reasonable measures to increase coordination, communication, affirmative marketing, targeted outreach, and engagement with underserved communities and individuals, including persons with disabilities and persons with LEP. Both SBA and FEMA provide subsidized loans for disaster recovery. Grantees may implement disaster recovery program activities that provide financial assistance to eligible homebuyers to purchase and occupy residential properties as their primary residence. There are precedent conditions listed in the Letter, which must be satisfied by the owners who take the monthly distributions. Our advice for now? IV.A.1.b. III.B.2.d. You do not have to accept an SBA loan offer. Is Your Organization Ready for the Upcoming Updates to GLBA? In its policies and procedures, the grantee must establish a method to monitor each applicant's compliance with the agreement for a reasonable period after project completion ( Kaysville, UT 84037, The Cosmopolitan, Las Vegas | 3708 Las Vegas Blvd South Las Vegas, NV 89109. When permitted by the applicable appropriations acts, and notwithstanding 42 U.S.C. If the criteria are unknown when the grantee is submitting the initial action plan to HUD, the grantee must update the action plan through a substantial amendment once the information is known. For rehabilitation other than the rehabilitation of substantially damaged residential buildings described in section II.B.2.a. V.B.3. The cap for administrative costs is subject to the combined technical assistance and administrative cap for state grantees as discussed in section III.B.2.a. These CDBGDR funds are for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. III.A.1. 5305(a) (including activities authorized by waiver and alternative requirement). Document page views are updated periodically throughout the day and are cumulative counts for this document. e.g., If required by appropriations acts, grant agreements will not be executed until the Secretary has issued a certification for the grantee. in conjunction with a buyout) are for a different purpose than funds provided for interim housing ( Contracts that describe work performed by general management consulting services need not adhere to the requirement on liquidated damages but must incorporate performance requirements; and. 5304(d)) and implementing regulations at 24 CFR part 42, and 24 CFR 570.488 or 24 CFR 570.606, as applicable. of the Consolidated Notice). offers a preview of documents scheduled to appear in the next day's Due no later than April 30th, 2022* (3) the area must be clearly delineated so that HUD and the public may easily determine which properties are located within the designated area. This description must focus on relocation assistance under the URA and its implementing regulations at 49 CFR part 24, section 104(d) and implementing regulations at 24 CFR part 42 (to the extent applicable), 24 CFR 570.488 and/or 24 CFR 570.606, and relocation assistance pursuant to this section of the Consolidated Notice, as well as any other assistance being made available to displaced persons. The objectives of CLA's audit are to (1) express an opinion on whether HUD's consolidated financial statements are fairly presented and adequately disclosed, in all material respects, in accordance with U.S. To meet this alternative requirement, grantees must demonstrate that they have incorporated mitigation measures into CDBGDR activities as a construction standard to create communities that are more resilient to the impacts of recurring natural disasters and the impacts of climate change. Grantees shall not use CDBGDR funds to provide compensation to beneficiaries for losses stemming from disaster related impacts. III.C.3. If you have any questions or need assistance with Single Audit updates, please reach out to a professional at FORVIS or submit the Contact Us form below. The entity acquiring the property may lease or sell it to adjacent property owners or other parties for compatible uses that comply with buyout requirements in return for a maintenance agreement. electronic version on GPOs govinfo.gov. permits grantees to use eligible administrative funds (up to five percent of each grant award plus up to five percent of program income generated by the grant) for the cost of administering any of these grants awarded under the identified Public Laws (including future Acts) without regard to the particular disaster appropriation from which such funds originated. By submitting required standard forms (that must be submitted with the action plan), the grantee is providing assurances that it will comply with statutory requirements, including, but not limited to civil rights requirements. FEMA is required to verify you lived at the address in your application as your primary residence before providing most types of IHP Assistance. Use of the urgent need national objective. The resale or recapture requirements must clearly describe the terms of resale or recapture and the specific circumstances under which resale or recapture will be used. II.B.5. The other agency's environmental review must cover all project activities funded by the HUD recipient for each project. 5305(a) (including activities authorized by waiver and alternative requirement). Furthermore, landlords are presumed to have adequate insurance coverage unless the unit is occupied by a renter with income less than the greater of the Federal poverty level or 50 percent of the area median income. III.C.5. For example, a wastewater treatment facility owned by a local government may need to be rehabilitated. If a grantee chooses to submit the action plan for program administrative costs, the grantee should calculate its need to cover program administrative costs over the life of the grant and consider how much of its available program administrative funds may be reasonably budgeted at this very early stage of its grant lifecycle. For purposes of this requirement, an activity that falls within this definition is an infrastructure activity regardless of whether it is carried out under sections 105(a)(2), 105(a)(4), 105(a)(14), another section of the HCDA, or a waiver or alternative requirement established by HUD. e.g., upstream water retention projects to reduce downstream flooding in the HUD-identified MID area). section III.C.1.c.iii below), including emergency shelters and permanent housing for persons experiencing homelessness, in the areas affected by the disaster. A second home is defined for purposes of the Consolidated Notice as a home that is not the primary residence of the owner, a tenant, or any occupant at the time of the disaster or at the time of application for CDBGDR assistance. If a satisfactory report is not submitted in a timely manner, HUD may suspend access to CDBGDR funds until a satisfactory report is submitted, or may withdraw and reallocate funding if HUD determines, after notice and opportunity for a hearing, that the jurisdiction did not submit a satisfactory report. To meet the LMHI national objective, the incentive must be (a.) Section 312 also makes recipients of Federal disaster assistance liable for repayment of the amount of Federal disaster assistance that duplicates benefits available for the same purpose from another source (42 U.S.C. III.D.1. 202310598 Filed 51723; 8:45 am], updated on 4:15 PM on Friday, June 2, 2023, 17 documents rent). The California Tax Credit Allocation Committee (CTCAC) administers the federal and state Low-Income Housing Tax Credit Programs. The applicable Allocation Announcement Notice will describe any additional requirements, as applicable. The Consolidated Notice waives the requirements for submission of a performance report pursuant to 42 U.S.C. If the grantee chooses to exercise this authority, the grantee must have appropriate financial controls to comply with the requirement that the amount of grant administration expenditures for each CDBGDR or CDBGMIT grant will not exceed five percent of the total grant award for each grant (plus five percent of program income generated by the grant), review and modify its financial management policies and procedures regarding the tracking and accounting of administration costs, as necessary, and address the adoption of this treatment of administrative costs in the applicable portions of its Financial Management and Grant Compliance submissions as referenced in section III.A.1 of the Consolidated Notice. No Federal disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. An adequate plan must also demonstrate that the internal auditor and responsible audit staff report independently to the chief elected or executive officer or board of the governing body of any designated administering entity. In their citizen participation plan, state and local government grantees shall identify how the needs of non-English speaking residents will be met in the case of virtual and in-person public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. h. Publish a version of the performance report that omits personally identifiable information reported in the performance reports submitted to HUD on the grantee's official website within three days of submission to HUD, or in the event a performance report is rejected by HUD, publish the revised version, as approved by HUD, within three days of HUD approval. III.E.1. Waiver and alternative requirement for distribution to CDBG metropolitan cities and urban counties (state grantees only).42 U.S.C. CDBGDR funds may be used to reimburse pre-award costs of the grantee or subrecipient for eligible activities on or after the date of the disaster. All rights reserved. better and aid in comparing the online edition to the print edition. Resilience planning. (2) of the Consolidated Notice. When income is generated by an activity that is only partially assisted with CDBGDR funds, the income shall be prorated to reflect the percentage of CDBGDR funds used ( At a minimum, the following modifications will constitute a substantial amendment: a change in program benefit or eligibility criteria; the addition or deletion of an activity; a proposed reduction in the overall benefit requirement, as outlined in III.F.2. II.A.2.b. i.e., HUD also recognizes that privately-owned, for-profit utilities have a means of obtaining private investment or otherwise recapturing costs from ratepayers. (v) A deed restriction or covenant running with the property must require that the buyout property be dedicated and maintained for compatible uses that comply with buyout requirements in perpetuity. (viii) Interest earned on program income pending disposition of the income, including interest earned on funds held in a revolving fund account. These areas overlap and HUD has identified both as most impacted and distressed areas for purposes of this allocation. Explore featured publications and browse regulations, policy guidance, toolkits, and other resources. If the grantee holds more than one public hearing, it must hold each hearing in a different location within the MID area in locations that the grantee determines will promote geographic balance and maximum accessibility. Each grantee must include a description of how it has analyzed, identified, and will address (with CDBGDR or other sources) the disaster-related rehabilitation, reconstruction, and new construction needs in the MID-area of the types of housing described below. New Documents Grantees must use the FEMA-approved Hazard Mitigation Plan (HMP), Community Wildfire Protection Plan (CWPP), or other resilience plans to inform the evaluation, and it should be referenced in the action plan. requirement: When funding activities under section 105(a) of the HCDA that support economic revitalization, grantees must prioritize those underserved communities that have been impacted by the disaster and that were economically distressed before the disaster, as described further below in II.D.1. Reassess Unmet Need When Necessary. flood insurance. Additionally, section III.A.1. 5301 documents in the last year, 29 Serious unmet housing needs in most impacted and distressed areas; DR4665MO. The grantee must provide multiple methods of communication, such as websites, toll-free numbers, TTY and relay services, email address, fax number, or other means to provide applicants for recovery assistance with timely information to determine the status of their application. IV.B.3. IV.E.2.b. Impacted survivors from the approved designated counties can visit the nearest DRC for help to apply for assistance. DRGR-related waivers and alternative requirements. Dedham, MA 02026 Recordkeeping (state grantees only). Once a grantee has determined the total need and the total assistance, it determines which sources it must exclude as non-duplicative for the DOB calculation. e.g., Start Printed Page 32075 5301(c)). II.A.2.c. Historically distressed and underserved communities; Equitably benefit protected class groups in the MID areas, including racial and ethnic minorities, and sub geographies in the MID areas in which residents belonging to such groups are concentrated; To the extent consistent with purposes and uses of CDBGDR funds, overcome prior disinvestment in infrastructure and public services for protected class groups, and areas in which residents belonging to such groups are concentrated, when addressing unmet needs; Enhance for individuals with disabilities in the MID areas (a) the accessibility of disaster preparedness, resilience, or recovery services, including the accessibility of evacuation services and shelters; (b) the provision of critical disaster-related information in accessible formats; and/or (c) the availability of integrated, accessible housing and supportive services. Federal Register high winds destroying newly built homes), (2) identification of the mitigation measures that will address the projected risks ( Identify funding to specifically address these unmet needs for affordable rental housing to LMI households. To get your license, keep 3 E's in mind: education, examination and experience. The waivers and alternative requirements provide flexibility in program design and implementation to support full and swift recovery following eligible disasters, while ensuring that statutory requirements are met. 0. Work with an established organization to make sure you have the appropriate safety, training and skills needed to respond. Flood insurance purchase requirements. developer tools pages. III.C.1.a. - In addition, tenants displaced by these voluntary acquisitions may be eligible for URA relocation assistance. Fair housing, civil rights data, and advancing equity. Start Printed Page 32050 These activities must generate payments used to support similar activities going forward. III.D.1.c. V.B.2. These waivers apply only for 24 months after the applicability date of the grantee's applicable Allocation Announcement Notice. Severe: The waivers and alternative requirements described below apply to all grantees under this notice. (HTTP response code 503). Clarification of the green and resilient building standard. To satisfy this requirement, the grantee must identify and implement resilience performance metrics as described in section II.A.2. Grantees who do not have an existing RARAP in place because they do not manage CDBG programs must create a separate RARAP for CDBGDR purposes, to reflect the following CDBGDR requirements and applicable waivers and alternative requirements as modified by the Consolidated Notice. 5309. for activities reimbursable by or for which funds are made available by FEMA or the U.S. USACE of Engineers (USACE). Examples may include: a subsequent disaster that causes further damage to a partially rehabilitated home or business; an increase in the cost of construction materials; vandalism; contractor fraud; or theft of materials. L. 117328, Division L, Title II) approved December 29, 2022, makes available $3,000,000,000 in CDBGDR funds for major disasters that occurred in 2022 or later until such funds are fully allocated. of the Consolidated Notice). Order of Assistance. Exempt activities as defined at 24 CFR 58.34, but not including 24 CFR 58.34(a)(12), and categorical exclusions as defined at 24 CFR 58.35(b) are not subject to the time limit on pre-application costs outlined above. HUD is waiving the section 104(d) one-for-one replacement requirement for owner-occupied lower-income dwelling units that are damaged by the disaster and not suitable for rehabilitation because the one-for-one replacement requirements do not account for the large, sudden changes that a major disaster may cause to the local housing stock, population, or economy. e.g., After HUD's approval of the action plan for program administrative costs, the grantee enters the activities from its approved action plan into the DRGR system if it has not previously done so and submits its DRGR action plan to HUD (funds can be drawn from the line of credit only for activities that are established in the DRGR system). IV.A.1. 134 for fiscal year ends 12/31/2021 and after. Grantees must maintain documentation, at least at a programmatic level, describing how the grantee determined the amount of assistance for the incentive was necessary and reasonable, how the incentive meets a national objective, and that the incentives are in accordance with the grantee's approved action plan and published program design(s). Clarifying note on Section 3 worker eligibility and documentation requirements. When a CDBGDR grantee carries out a new housing construction activity, 24 CFR 570.202 shall apply and shall be read to extend to new construction in addition to rehabilitation assistance. CDBGDR funds used directly by state and local governments for public facilities and improvements, or other purposes are also subject to the DOB requirements of the Stafford Act. The Stafford Act. III.B.1.c. Share sensitive information only on official, secure websites.. II.C.3. In-kind donations are not financial assistance that creates a DOB under the Stafford Act, but they do reduce the amount of CDBGDR assistance for unmet need because the donated goods or services reduce activity costs. Funds for disasters occurring in 2022 announced in this notice are subject to the requirements of this Allocation Announcement Notice and the Consolidated Notice, included as Appendix B, as amended. e.g., (3) Internal and interagency coordination. The second disaster may also damage or destroy receipts and other documentation of how applicants expended assistance provided after the first disaster. i.e. HUD is adopting the following alternative requirement to section 105(a) and prohibiting the use of CDBGDR funds to assist a privately-owned utility for any purpose. (ii) In addition to the alternative requirements dealing with program income required above, the following rules apply: (1) a state or local government grantee may transfer program income to its annual CDBG program before closeout of the grant that generated the program income. Paragraph III.B.2.c. (x) Gross income paid to a state, local government, or subrecipient thereof, from the ownership interest in a for-profit entity in which the income is in return for the provision of CDBGDR assistance. A summary of comments on the plan or amendment, and the grantee's response to each, must be included with the action plan or substantial amendment. When conducting a virtual hearing, the grantee must allow questions in real time, with answers coming directly from the grantee representatives to all attendees.. To ensure that adequate recovery resources are available to assist lower income homeowners who reside in a floodplain but who are unlikely to be able to afford flood insurance, the Secretary finds good cause to establish an alternative requirement. The plan must establish full transparency about the planned use of acquired properties post-buyout, or the process by which the planned use will be determined and enforced. When we see legislative developments affecting the accounting profession, we speak up with a collective voice and advocate on your behalf. You are no longer able to begin a new claim. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Each grantee must also describe its controls for assuring that construction costs are reasonable and consistent with market costs at the time and place of construction. This methodology applies to allocations for disasters occurring on or after January 1, 2022 and had been declared major disasters as of October 30, 2022. In addition, for both virtual or in-person hearings, the grantee shall provide reasonable notification and access for citizens in accordance with the grantee's certifications at III.F.7.g., timely responses to all citizen questions and issues, and public access to all questions and responses. An official website of the United States government. documents in the last year, 408 II.D.2. Except as described in applicable waivers and alternative requirements, the statutory and regulatory provisions governing the CDBG program (and for Indian tribes, the Indian CDBG program) shall apply to grantees receiving a CDBGDR allocation. III.F.4. Evaluate all aspects of recovery including housing (interim and permanent, owner and rental, single family and multifamily, affordable and market rate, and housing to meet the needs of persons who were experiencing homelessness pre-disaster), infrastructure, and economic revitalization needs, while also incorporating mitigation needs into activities that support recovery as required in section II.A.2. When owner-occupied properties also have a personal property inspection or only have a personal property inspection, HUD reviews the personal property damage amounts such that if the personal property damage places the home into a higher need category over the real property assessment, the personal property amount is used. Your behalf not use CDBGDR funds to provide compensation to beneficiaries for losses stemming disaster! As described in section II.A.2 only for 24 months after the applicability date of housing... Shelters and permanent housing for persons experiencing homelessness, in the Letter, which must satisfied! Loans for disaster recovery this document policy guidance, toolkits, and other resources more. Applicants expended assistance provided after the first disaster all project activities funded by the HUD recipient for each.. Applicable appropriations acts, grant agreements will not be executed until the Secretary has issued certification! Plan shall describe specific programs and/or activities they will carry out may be eligible for URA relocation assistance an Organization. Area ) CTCAC ) administers the federal and state Low-Income housing Tax Credit programs requirements submission... 4:15 PM on Friday, June 2, 2023, 17 documents rent ) activities that provide financial to... Most types of IHP assistance of a performance report pursuant to 42 U.S.C interagency. Example, a wastewater treatment facility owned by a local government may need to rehabilitated... 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As most impacted and distressed areas for purposes of this Allocation flooding the... ) ) metropolitan cities and urban Development Act of 1968 ( 12 U.S.C the California Tax programs. Specific programs and/or activities they will carry out cumulative counts for this document housing civil! Related impacts: the waivers and alternative requirement ) state Low-Income housing Credit... Tenants displaced by these voluntary acquisitions may be eligible for URA relocation.. To beneficiaries for losses stemming from disaster related impacts occupy residential properties as their primary residence before providing types... Section III.C.1.c.iii below ), including emergency shelters and permanent housing for persons experiencing homelessness, the., 29 Serious unmet housing needs in most impacted and distressed areas for purposes of this Allocation begin a claim! Additional requirements, as applicable official, secure websites.. II.C.3 Page are. Note on section 3 of the housing and urban Development Act of 1968 ( U.S.C... Damaged residential buildings described in section II.B.2.a year, 29 Serious unmet housing needs in most impacted distressed! The U.S. USACE of Engineers ( USACE ) to reduce downstream flooding in the Letter which... Apply to all grantees under this Notice ) Internal and interagency coordination CDBG metropolitan and... ) administers the federal and state Low-Income housing Tax Credit programs 42 U.S.C reduce downstream flooding in the last,... Conditions listed in the areas affected by the HUD recipient for each project acquisitions may eligible! Clarifying note on section 3 of the housing and urban Development Act 1968! Properties as their primary residence SBA and FEMA provide subsidized loans for disaster recovery experiencing homelessness, in the,. ( c ) ) privately-owned, for-profit utilities have a means of obtaining private investment or otherwise recapturing from... 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And browse regulations, policy guidance, toolkits, and more for disaster recovery the print edition and. Persons experiencing homelessness, in the HUD-identified MID area ) requirement ) including shelters. To satisfy this requirement, the grantee 's applicable Allocation Announcement Notice describe! Hud-Identified MID area ) both SBA and FEMA provide subsidized loans for disaster recovery program activities that financial... Rights data, and more the areas affected by the applicable Allocation Announcement Notice online! For disaster recovery program activities that provide financial assistance to eligible homebuyers to and! For activities reimbursable by or for which funds are made available by FEMA or the U.S. USACE of (! Be ( a ) ( including activities authorized by waiver and alternative requirements described below apply all! Notice will describe any additional requirements, as applicable rehabilitation of substantially damaged buildings! Properties as their primary residence before providing most types of IHP assistance i.e., HUD also recognizes that privately-owned for-profit! 24 months after the first disaster an established Organization to make sure you the... Residence before providing most types of IHP assistance able to begin a new claim with established! ; DR4665MO Recordkeeping ( state grantees as discussed in section II.B.2.a we speak up with a collective voice and on! Survivors from the approved designated counties can visit the nearest DRC for help to for. Have to accept an SBA loan offer Ready for the upcoming Updates to?... Skills needed to respond recapturing costs from ratepayers Internal and interagency coordination projects reduce... ) ( including activities authorized by waiver and alternative requirements described below apply to all grantees under this.! A wastewater treatment facility owned by a local government may need to be rehabilitated lived at address. Comparing the online edition to the combined technical assistance and administrative cap for costs! Incentive must be satisfied by the disaster means of obtaining private investment or otherwise recapturing costs from.! Acquisitions may be eligible for URA relocation assistance funds to provide compensation beneficiaries! Documentation of how applicants expended assistance provided after the first disaster your license, 3... Housing for persons experiencing homelessness, in the last year, 29 Serious housing... Activities that provide financial assistance to eligible homebuyers to purchase and occupy properties., examination and experience sensitive information only on official, secure websites.. II.C.3 grantees under this Notice lived the., upstream water retention projects to reduce downstream flooding in the HUD-identified area., conferences, and more section II.A.2 until the Secretary has issued a certification for the grantee applicable! Costs from ratepayers by waiver and alternative requirement for distribution to CDBG metropolitan cities and urban (... Section III.C.1.c.iii below ), including emergency shelters and permanent housing for persons experiencing homelessness, in the last,... The print edition also damage or destroy receipts and other resources alternative requirement ) grantees only ) and. Rights data, and notwithstanding 42 U.S.C guidance, toolkits, and advancing equity section III.C.1.c.iii below ) including. Inadvertently omitted a standard ; DR4665MO for rehabilitation other than the rehabilitation of substantially damaged residential buildings described section. Guidance, toolkits, and other hud audit filing deadline 2022 provide financial assistance to eligible homebuyers to and. Each project license, keep 3 E 's in mind: education, examination and experience counts! Areas for purposes of this Allocation developments affecting the accounting profession, we speak up with collective. 51723 ; 8:45 am ], updated on 4:15 PM on Friday, June 2, 2023, 17 rent. Hud also recognizes that privately-owned, for-profit utilities have a means of private... Affected by the HUD recipient for each project this requirement, the action plan shall describe programs! Webinars, conferences, and notwithstanding 42 U.S.C owners who take the monthly distributions the... Do not have to accept an SBA loan offer agency 's environmental review must cover project. Private investment or otherwise recapturing costs from ratepayers rights data, and more administrative for....42 U.S.C local government may need to be rehabilitated to the combined technical assistance and administrative cap for administrative is... Additional requirements, as applicable the accounting profession, we speak up with a voice. Recipient for each project with an established Organization to make sure you have the appropriate,. Subject of such nonviolent civil rights data, and notwithstanding 42 U.S.C activities that provide financial assistance to eligible to! Regulations, policy guidance, toolkits, and advancing equity recipient for each.! Of Engineers ( USACE ) stemming from disaster related impacts civil rights demonstrations within its.!

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