[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: 24CFR92.207]

[Page 595-596]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents
 
                     Subpart E_Program Requirements
 
Sec. 92.207  Eligible administrative and planning costs.

    A participating jurisdiction may expend, for payment of reasonable 
administrative and planning costs of the HOME program, an amount of HOME 
funds that is not more than ten percent of the fiscal year HOME basic 
formula allocation plus any funds received in accordance with Sec. 
92.102(b) to meet or exceed participation threshold requirements that 
fiscal year. A State that transfers any HOME funds in accordance with 
Sec. 92.102(b) must exclude these funds in calculating the amount it 
may expend for administrative and planning costs. A participating 
jurisdiction may also expend, for payment of reasonable administrative 
and planning costs, a sum up to ten percent of the program income 
deposited into its local account or received and reported by its State 
recipients or subrecipients during the program year. A participating 
jurisdiction may expend such funds directly or may authorize its State 
recipients or subrecipients, if any, to expend all or a portion of such 
funds, provided total expenditures for planning and administrative costs 
do not exceed the maximum allowable amount. Reasonable administrative 
and planning costs include:

    (a) General management, oversight and coordination. Reasonable costs 
of overall program management, coordination, monitoring, and evaluation. 
Such costs include, but are not limited to, necessary expenditures for 
the following:
    (1) Salaries, wages, and related costs of the participating 
jurisdiction's staff. In charging costs to this category the 
participating jurisdiction may either include the entire salary, wages, 
and related costs allocable to the program of each person whose primary 
responsibilities with regard to the program involves program 
administration assignments, or the prorated share of the salary, wages, 
and related costs of each person whose job includes any program 
administration assignments. The participating jurisdiction may use only 
one of these methods. Program administration includes the following 
types of assignments:

    (i) Developing systems and schedules for ensuring compliance with 
program requirements;

    (ii) Developing interagency agreements and agreements with entities 
receiving HOME funds;

    (iii) Monitoring HOME-assisted housing for progress and compliance 
with program requirements;

    (iv) Developing agreements and monitoring housing not assisted with 
HOME funds that the participating jurisdiction designates as a matching 
contribution in accordance with Sec. 92.219(b) for compliance with 
applicable program requirements;

    (v) Preparing reports and other documents related to the program for 
submission to HUD;

    (vi) Coordinating the resolution of audit and monitoring findings;

    (vii) Evaluating program results against stated objectives; and

    (viii) Managing or supervising persons whose primary 
responsibilities with regard to the program include such assignments as 
those described in paragraphs (a)(1)(i) through (vii) of this section;

    (2) Travel costs incurred for official business in carrying out the 
program;

    (3) Administrative services performed under third party contracts or 
agreements, including such services as general legal services, 
accounting services, and audit services;

[[Page 596]]

    (4) Other costs for goods and services required for administration 
of the program, including such goods and services as rental or purchase 
of equipment, insurance, utilities, office supplies, and rental and 
maintenance (but not purchase) of office space; and
    (5) Costs of administering tenant-based rental assistance programs.
    (b) Staff and overhead. Staff and overhead costs directly related to 
carrying out the project, such as work specifications preparation, loan 
processing, inspections, and other services related to assisting 
potential owners, tenants, and homebuyers (e.g., housing counseling); 
and staff and overhead costs directly related to providing advisory and 
other relocation services to persons displaced by the project, including 
timely written notices to occupants, referrals to comparable and 
suitable replacement property, property inspections, counseling, and 
other assistance necessary to minimize hardship. These costs may be 
charged as administrative costs or as project costs under Sec. 92.206 
(d)(6) and (f)(2), at the discretion of the participating jurisdiction.
    (c) Public information. The provision of information and other 
resources to residents and citizen organizations participating in the 
planning, implementation, or assessment of projects being assisted with 
HOME funds.
    (d) Fair housing. Activities to affirmatively further fair housing 
in accordance with the participating jurisdiction's certification under 
24 CFR part 91.
    (e) Indirect Costs. Indirect costs may be charged to the HOME 
program under a cost allocation plan prepared in accordance with OMB 
Circulars A-87 or A-122 as applicable.
    (f) Preparation of the consolidated plan. Preparation of the 
consolidated plan required under 24 CFR part 91. Preparation includes 
the costs of public hearings, consultations, and publication.
    (g) Other Federal requirements. Costs of complying with the Federal 
requirements in subpart H of this part. Project-specific environmental 
review costs may be charged as administrative costs or as project costs 
in accordance with Sec. 92.206(d)(8), at the discretion of the 
participating jurisdiction.

[61 FR 48750, Sept. 16, 1996, as amended at 67 FR 61756, Oct. 1, 2002]

    Effective Date Note: At 69 FR 16766, Mar. 30, 2004, Sec. 92.207 was 
amended by revising the introductory paragraph, effective Apr. 29, 2004. 
For the convenience of the user, the revised text follows:

Sec. 92.207  Eligible administrative and planning costs.

    A participating jurisdiction may expend, for payment of reasonable 
administrative and planning costs of the HOME program and ADDI, an 
amount of HOME funds that is not more than ten percent of the sum of the 
Fiscal Year HOME basic formula allocation plus any funds received in 
accordance with Sec. 92.102(b) to meet or exceed participation 
threshold requirements that Fiscal Year. A state that transfers any HOME 
funds in accordance with Sec. 92.102(b) must exclude these funds in 
calculating the amount it may expend for administrative and planning 
costs. A participating jurisdiction may also expend, for payment of 
reasonable administrative and planning costs of the HOME program and the 
ADDI described in subpart M of this part, a sum up to ten percent of the 
program income deposited into its local account or received and reported 
by its state recipients or subrecipients during the program year. A 
participating jurisdiction may expend such funds directly or may 
authorize its state recipients or subrecipients, if any, to expend all 
or a portion of such funds, provided total expenditures for planning and 
administrative costs do not exceed the maximum allowable amount. 
Reasonable administrative and planning costs include:

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