Common use of Limited clientele activities Clause in Contracts

Limited clientele activities. (i) An activity which benefits a limited clien- tele, at least 51 percent of whom are low and moderate income persons. The following kinds of activities may not qualify under paragraph (b)(2) of this section: (A) Activities, the benefits of which are available to all the residents of an area; (B) Activities involving the acquisi- tion, construction or rehabilitation of property for housing; or (C) Activities where the benefit to low- and moderate-income persons to be considered is the creation or reten- tion of jobs, except as provided in para- graph (b)(2)(v) of this section. (ii) To qualify under paragraph (b)(2) of this section, the activity must meet one or the following tests: (A) It must benefit a clientele who are generally presumed to be prin- cipally low and moderate income per- sons. Activities that exclusively serve a group of persons in any one or a com- bination of the following categories may be presumed to benefit persons, 51 percent of whom are low and moderate income: abused children, battered spouses, elderly persons, adults meet- ing the Bureau of the Census’ Current Population Reports definition of ‘‘se- verely disabled,’’ homeless persons, il- literate adults, persons living with AIDS, and migrant farm workers; or (B) It must require information on family size and income so that it is evi- dent that at least 51 percent of the cli- entele are persons whose family in- come does not exceed the low and mod- erate income limit; or (C) It must have income eligibility requirements which limit the activity exclusively to low and moderate in- come persons; or (D) It must be of such a nature, and be in such a location, that it may be concluded that the activity’s clientele will primarily be low and moderate in- come persons. (iii) An activity that serves to re- move material or architectural bar- riers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census’ Current Pop- ulation Reports definition of ‘‘severely disabled’’ will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the re- moval of such barriers by assisting: (A) The reconstruction of a public fa- cility or improvement, or portion thereof, that does not qualify under § 570.483(b)(1); (B) The rehabilitation of a privately owned nonresidential building or im- provement that does not qualify under § 570.483(b) (1) or (4); or (C) The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under § 570.483(b)(3). (iv) A microenterprise assistance ac- tivity (carried out in accordance with the provisions of section 105(a)(23) of the Act or § 570.482(c) and limited to microenterprises) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity who are low- and moderate-income persons. For purposes of this paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three-year period. (v) An activity designed to provide job training and placement and/or other employment support services, in- cluding, but not limited to, peer sup- port programs, counseling, child care, transportation, and other similar serv- ices, in which the percentage of low- and moderate-income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstances: (A) In such cases where such training or provision of supportive services is an integrally-related component of a larg- er project, the only use of CDBG assist- ance for the project is to provide the job training and/or supportive services; and (B) The proportion of the total cost of the project borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income.

Limited clientele activities. (i) An activity which benefits a limited clien- teleclientele, at least 51 percent of whom are low and moderate low- or moderate-income persons. (The following kinds of activities may not qualify under paragraph (b)(2a)(2) of this section: (A) Activities: activities, the benefits of which are available to all the residents of an area; (B) Activities ; activities involving the acquisi- tionacquisition, construction or rehabilitation of property for housing; or (C) Activities or activities where the benefit to low- and moderate-income persons to be considered is the creation or reten- tion retention of jobs, except as provided in para- graph paragraph (b)(2)(va)(2)(iv) of this section. (ii) To qualify under paragraph (b)(2a)(2) of this section, the activity must meet one or of the following tests: (A) It must benefit Benefit a clientele who are generally presumed to be prin- cipally principally low and moderate income per- sonspersons. Activities that exclusively serve a group of persons in any one or a com- bination combination of the following categories may be presumed to benefit persons, 51 percent of whom are low low- and moderate moderate-income: abused children, battered spouses, elderly persons, adults meet- ing meeting the Bureau of the Census’ ' Current Population Reports definition of ‘‘se- verely “severely disabled,’’ ” homeless persons, il- literate illiterate adults, persons living with AIDS, and migrant farm workers; or (B) It must require Require information on family size and income so that it is evi- dent evident that at least 51 percent of the cli- entele clientele are persons whose family in- come income does not exceed the low and mod- erate moderate income limit; or (C) It must have Have income eligibility requirements which limit the activity exclusively to low and moderate in- come income persons; or (D) It must be Be of such a nature, nature and be in such a location, location that it may be concluded that the activity’s 's clientele will primarily be low and moderate in- come income persons. (iiiii) An activity that serves to re- move remove material or architectural bar- riers barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census’ ' Current Pop- ulation Population Reports definition of ‘‘“severely disabled’’ ” will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the re- moval removal of such barriers by assisting: (A) The reconstruction of a public fa- cility facility or improvement, or portion thereof, that does not qualify under § 570.483(b)(1)paragraph (a)(1) of this section; (B) The rehabilitation of a privately owned nonresidential building or im- provement improvement that does not qualify under § 570.483(b) paragraph (1a)(1) or (4)) of this section; or (C) The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under § 570.483(b)(3)paragraph (a)(3) of this section. (iviii) A microenterprise assistance ac- tivity (activity carried out in accordance with the provisions of section 105(a)(23) of the Act or § 570.482(c) and limited to microenterprises570.201(o) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity during each program year who are low- and moderate-income persons. For purposes of this paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three-year period. (viv) An activity designed to provide job training and placement and/or other employment support services, in- cludingincluding, but not limited to, peer sup- port support programs, counseling, child care, transportation, and other similar serv- icesservices, in which the percentage of low- and moderate-income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstancescircumstance: (A) In such cases where such training or provision of supportive services is an integrally-related component of a larg- er projectassists business(es), the only use of CDBG assist- ance assistance for the project is to provide the job training and/or supportive services; and (B) The proportion of the total cost of the project borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income.