Iowa Admin. Code r. 261-23.5

Current through Register Vol. 47, No. 13, December 25, 2024

Rule 261-23.5 - Requirements for funding

Applications for funds under any of the program-allocated funds pursuant to rule 261-23.4 (15) shall meet the minimum criteria described in subrules 23.5(1) through 23.5(3).

(1) Proposed activities shall be eligible, as authorized by Title I, Section 105 of the Housing and Community Development Act of 1974, as amended, and as further defined in 24 CFR Part 570 .

(2) Proposed activities shall address at least one of the following three objectives:

a. Primarily benefit low- and moderate-income persons. To address this objective, 51 percent or more persons benefiting from a proposed activity must have incomes at or below 80 percent of the area median income.

b. Aid in the prevention or elimination of slums and blight. To address this objective, the application must document the extent or seriousness of deterioration in the area to be assisted, showing a clear adverse effect on the well-being of the area or community and illustrating that the proposed activity will alleviate or eliminate the conditions causing the deterioration.

c. Meet an urgent community development need. To address this objective, the applicant must certify that the proposed activity is designed to alleviate existing conditions that pose a serious and immediate threat to the health or welfare of the community and that are recent in origin or that recently became urgent; that the applicant is unable to finance the activity without CDBG assistance and that other sources of funding are not available.

(3) Applicants shall certify their compliance with federal requirements applicable to the CDBG program including, but not limited to, the following:

a. The Civil Rights Act of 1964 ( PL 88-352) and Title VIII of the Civil Rights Act of 1968 ( PL 90-284) and related civil rights, fair housing and equal opportunity statutes and orders;

b. Title I of the Housing and Community Development Act of 1974;

c. Age Discrimination Act of 1975;

d. Section 504 of the Housing and Urban Development Act of 1973;

e. Section 3 of the Housing and Urban Development Act of 1968;

f. Davis-Bacon Act ( 40 U.S.C. 276a-5) where applicable under Section 100 of the Housing and Community Development Act of 1974;

g. Lead-Based Paint Poisoning Prevention Act;

h. 24 CFR Part 58 and the National Environmental Policy Act of 1969;

i. Uniform Relocation Assistance and Real Property Acquisition Act of 1979, Titles II and III;

j. Americans with Disabilities Act;

k. Section 102 of the Department of Housing and Urban Development Reform Act of 1989;

l. Contract Work Hours and Safety Act;

m. Copeland Anti-Kickback Act;

n. Fair Labor Standards Act;

o. Hatch Act;

p. Prohibition on the Use of Excessive Force and Barring Entrance;

q. Drug-Free Workplace Act;

r. Governmentwide Restriction on Lobbying;

s. Single Audit Act;

t. State of Iowa Citizen Participation Plan; and

u. Other relevant regulations as noted in the CDBG management guide.

Iowa Admin. Code r. 261-23.5

Amended by IAB June 24, 2015/Volume XXXVII, Number 26, effective 7/29/2015

Amended by IAB March 9, 2022/Volume XLIV, Number 18, effective 4/13/2022