[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR92.251]

[Page 607-608]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents
 
                     Subpart F_Project Requirements
 
Sec. 92.251  Property standards.

    (a) (1) Housing that is constructed or rehabilitated with HOME funds 
must meet all applicable local codes, rehabilitation standards, 
ordinances, and zoning ordinances at the time of project completion, 
except as provided in paragraph (b) of this section. The participating 
jurisdiction must have written standards for rehabilitation that ensure 
that HOME-assisted housing is decent, safe, and sanitary. In the absence 
of a local code for new construction or rehabilitation, HOME-assisted 
new construction or rehabilitation must meet, as applicable, one of 
three model codes: Uniform Building Code (ICBO), National Building Code 
(BOCA), Standard (Southern) Building Code (SBCCI); or the Council of 
American Building Officials (CABO) one or two family code; or the 
Minimum Property Standards (MPS) in 24 CFR 200.925 or 200.926. To avoid 
duplicative inspections when FHA financing is involved in a HOME-
assisted property, a participating jurisdiction may rely on a Minimum 
Property Standards (MPS) inspection performed by a qualified person. 
Newly constructed housing must meet the current edition of the Model 
Energy Code published by the Council of American Building Officials.
    (2) All other HOME-assisted housing (e.g., acquisition) must meet 
all applicable State and local housing quality standards and code 
requirements and if there are no such standards or code requirements, 
the housing must meet the housing quality standards in 24 CFR 982.401.
    (3) The housing must meet the accessibility requirements at 24 CFR 
part 8, which implements Section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794) and covered multifamily dwellings, as defined at 24 CFR 
100.201, must also meet the design and construction requirements at 24 
CFR 100.205, which implement the Fair Housing Act (42 U.S.C. 3601-3619).
    (4) Construction of all manufactured housing must meet the 
Manufactured Home Construction and Safety Standards established in 24 
CFR part 3280. These standards pre-empt State and local codes covering 
the same aspects of performance for such housing. Participating 
jurisdictions providing HOME assistance to install manufactured housing 
units must comply with applicable State and local laws or codes. In the 
absence of such laws or codes, the participating jurisdiction must 
comply with the manufacturer's written instructions for installation of 
manufactured housing units. Manufactured housing that is rehabilitated 
using HOME funds must meet the requirements set out in paragraph (a)(1) 
of this section.
    (b) The following requirements apply to housing for homeownership 
that is to be rehabilitated after transfer of the ownership interest:
    (1) Before the transfer of the homeownership interest, the 
participating jurisdiction must:
    (i) Inspect the housing for any defects that pose a danger to 
health; and
    (ii) Notify the prospective purchaser of the work needed to cure the 
defects and the time by which defects must be cured and applicable 
property standards met.

[[Page 608]]

    (2) The housing must be free from all noted health and safety 
defects before occupancy and not later than 6 months after the transfer.
    (3) The housing must meet the property standards in paragraph (a)(1) 
of this section not later than 2 years after transfer of the ownership 
interest.
    (c) An owner of rental housing assisted with HOME funds must 
maintain the housing in compliance with all applicable State and local 
housing quality standards and code requirements and if there are no such 
standards or code requirements, the housing must meet the housing 
quality standards in 24 CFR 982.401.
    (d) All housing occupied by tenants receiving HOME tenant-based 
rental assistance must meet the housing quality standards in 24 CFR 
982.401.

[61 FR 48750, Sept. 16, 1996, as amended at 62 FR 28929, May 28, 1997]