Common use of Housing activities Clause in Contracts

Housing activities. An eligible ac- tivity carried out for the purpose of providing or improving permanent resi- dential structures that, upon comple- tion, will be occupied by low and mod- erate income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the unit of general local government, a subrecipient, an entity eligible to receive assistance under sec- tion 105(a)(15) of the Act, a developer, an individual homebuyer, or an indi- vidual homeowner; conversion of non- residential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. If two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and manage- ment, the grouped buildings may be considered for this purpose as a single structure. If housing activities being assisted meet the requirements of para- graph (e)(4)(ii) or (e)(5)(ii) of this sec- tion, all such housing may also be con- sidered for this purpose as a single structure. For rental housing, occu- pancy by low and moderate income households must be at affordable rents to qualify under this criterion. The unit of general local government shall adopt and make public its standards for determining ‘‘affordable rents’’ for this purpose. The following shall also qualify under this criterion: (i) When less than 51 percent of the units in a structure will be occupied by low and moderate income households, CDBG assistance may be provided in the following limited circumstances: (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a mul- tifamily, non-elderly rental housing project; and (B) Not less than 20 percent of the units will be occupied by low and mod- erate income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the pro- portion of units in the project that will be occupied by low and moderate in- come households. (ii) Where CDBG funds are used to as- sist rehabilitation delivery services or in direct support of the unit of general local government’s Rental Rehabilita- tion Program authorized under 24 CFR part 511, the funds shall be considered to benefit low and moderate income persons where not less than 51 percent of the units assisted, or to be assisted, by the Rental Rehabilitation Program overall are for low and moderate in- come persons. (iii) When CDBG funds are used for housing services eligible under section 105(a)(21) of the Act, such funds shall be considered to benefit low and moderate income persons if the housing units for which the services are provided are HOME-assisted and the requirements of § 92.252 or § 92.254 of this title are met.

Housing activities. An eligible ac- tivity activity carried out for the purpose of providing or improving permanent resi- dential residential structures thatwhich, upon comple- tioncompletion, will be occupied by low low- and mod- erate moderate-income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the unit of general local governmentrecipient, a subrecipient, an entity eligible to receive assistance under sec- tion 105(a)(15) of the Act, a developer, an individual homebuyer, or an indi- vidual individual homeowner; conversion of non- residential nonresidential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. If Where two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and manage- mentmanagement, the grouped buildings may be considered for this purpose as a single structure. If Where housing activities being assisted meet the requirements of para- graph paragraph § 570.208 (e)(4)(iid)(5)(ii) or (e)(5)(iid)(6)(ii) of this sec- tionsection, all such housing may also be con- sidered considered for this purpose as a single structure. For rental housing, occu- pancy occupancy by low and moderate income households must be at affordable rents to qualify under this criterion. The unit of general local government recipient shall adopt and make public its standards for determining ‘‘“affordable rents’’ ” for this purpose. The following shall also qualify under this criterion: (i) When less than 51 percent of the units in a structure will be occupied by low and moderate income households, CDBG assistance may be provided in the following limited circumstances: (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a mul- tifamilymultifamily, non-elderly rental housing project; and; (B) Not less than 20 percent of the units will be occupied by low and mod- erate moderate income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the pro- portion proportion of units in the project that will be occupied by low and moderate in- come income households. (ii) Where When CDBG funds are used to as- sist assist rehabilitation delivery services eligible under § 570.202(b)(9) or (10) in direct support of the unit of general local government’s recipient's Rental Rehabilita- tion Program Rehabilitation program authorized under 24 CFR part 511, the such funds shall be considered to benefit low and moderate income persons where not less than 51 percent of the units assisted, or to be assisted, by the recipient's Rental Rehabilitation Program program overall are for low and moderate in- come income persons. (iii) When CDBG funds are used for housing services eligible under section 105(a)(21) of the Act§ 570.201(k), such funds shall be considered to benefit low low- and moderate moderate-income persons if the housing units for which the services are provided are HOME-assisted and the requirements of § at 24 CFR 92.252 or § 92.254 of this title are met.