[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: 24CFR92.101]

[Page 586-587]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 92_HOME INVESTMENT PARTNERSHIPS PROGRAM--Table of Contents
 
  Subpart C_Consortia; Designation and Revocation of Designation as a 
                       Participating Jurisdiction
 
Sec. 92.101  Consortia.

    (a) A consortium of geographically contiguous units of general local 
government is a unit of general local government for purposes of this 
part if the requirements of this section are met.
    (1) One or more members of a proposed consortium or an existing 
consortium whose consortium qualification terminates at the end of the 
fiscal year, must provide written notification to the HUD Field Office 
of its intent to participate as a consortium in the HOME Program for the 
following fiscal year. HUD shall establish the deadline for this 
submission.
    (2) The proposed consortium must provide, at such time and in a 
manner and form prescribed by HUD, the qualification documents, which 
will include submission of:
    (i) A written certification by the State that the consortium will 
direct its activities to alleviation of housing problems within the 
State; and
    (ii) Documentation which demonstrates that the consortium has 
executed one legally binding cooperation agreement among its members 
authorizing one member unit of general local government to act in a 
representative capacity for all member units of general local government 
for the purposes of this part and providing that the representative 
member assumes overall responsibility for ensuring that the consortium's 
HOME Program is carried out in compliance with the requirements of this 
part.
    (3) Before the end of the fiscal year in which the notice of intent 
and documentation are submitted, HUD must determine that a proposed 
consortium has sufficient authority and administrative capability to 
carry out the purposes of this part on behalf of its member 
jurisdictions. HUD will endeavor to make its determination as quickly as 
practicable after receiving the consortium's documentation in order to 
provide the consortium an opportunity to correct its submission, if 
necessary. If

[[Page 587]]

the submission is deficient, HUD will work with the consortium to 
resolve the issue, but will not delay the formula allocations. HUD, at 
its discretion, may review the performance of an existing consortium 
that wishes to requalify to determine whether it continues to have 
sufficient authority and administrative capacity to successfully 
administer the program.
    (b) A metropolitan city or an urban county may be a member of a 
consortium. A unit of general local government that is included in an 
urban county may be part of a consortium, only if the urban county joins 
the consortium. The included local government cannot join the consortium 
except through participation in the urban county.
    (c) A non-urban county may be a member of a consortium. However, the 
county cannot on its own include the whole county in the consortium. A 
unit of local government located within the non-urban county that wishes 
to participate as a member of the consortium must sign the HOME 
consortium agreement.
    (d) If the representative unit of general local government 
distributes HOME funds to member units of general local government, the 
representative unit is responsible for applying to the member units of 
general local government the same requirements as are applicable to 
subrecipients.
    (e) The consortium's qualification as a unit of general local 
government continues for a period of three successive Federal fiscal 
years, or until HUD revokes its designation as a participating 
jurisdiction, or until an urban county member fails to requalify under 
the CDBG program as an urban county for a fiscal year included in the 
consortium's qualification period, or the consortium fails to receive a 
HOME allocation for the first Federal fiscal year of the consortium's 
qualification period and does not request to be considered to receive a 
HOME allocation in each of the subsequent two years. However, if a 
member urban county's three year CDBG qualification cycle is not the 
same as the consortium, the consortium may elect a shorter qualification 
period than three years to synchronize with the urban county's 
qualification period. During the period of qualification, additional 
units of general local government may join the consortium, but no 
included unit of general local government may withdraw from the 
consortium. See 24 CFR part 91, subpart E, for consolidated plan 
requirements for consortia, including the requirement that all members 
of the consortia must be on the same program year.
    (f) The consortium agreement may, at the option of its member units 
of general local government, contain a provision that authorizes 
automatic renewals for the successive qualification period of three 
Federal fiscal years. The provision authorizing automatic renewal must 
require the lead consortium member to give the consortium members 
written notice of their right to elect not to continue participation for 
the new qualification period.

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