Application for CHDO Certification
Returned completed CHDO Certification Application to:
Rhode Island Housing
Attn: HOME Program Coordinator
44 Washington Street
Providence, RI 02903
CHDO Certification Page 2 of 15
Rhode Island Housing
Overview
The National Affordable Housing Act of 1990 (the Act) created the HOME Investment Partnerships
Program (HOME). The Act’s objectives include promoting partnerships between states, local
governments, and nonprofit organizations. A “community housing development organization(CHDO)
is a specific kind of community based nonprofit housing organization defined by the HOME Final Rule
(24 CFR Part 92). CHDOs have a distinct and special status within HOME. Each Participating Jurisdiction
(PJ) must set-aside at least 15% of its total HOME award each year for specifically for projects that will
be owned, developed, or sponsored by CHDOs.
At a high level, the CHDO definition can be grouped into four key elements. To be recognized as a
CHDO, an organization must be:
A legally incorporated tax-exempt nonprofit organization;
An independent organization free of undue control by for-profit or governmental entities;
Accountable to the low income community it serves; and
Capable of undertaking the development of affordable housing.
The evaluation of whether an organization can be designated as a CHDO always takes place in the
context of awarding funds from the CHDO set-asidethat is in consideration of a housing project that is
being or is likely to be funded. The Rule requires that a PJ certify that an organization meets the CHDO
definition “each time it commits funds to the organization.
The evaluation of an organization’s capacity, in particular, is closely connected to the organization’s role
as an owner,developer,or sponsorof affordable housing. Those terms are carefully defined in
the HOME regulation at §92.300(a)(2)-(6) and require that the CHDO be solely in charge of the project.
This application for CHDO Certification was developed to assist Rhode Island Housing (RIH) in evaluating
whether or not an organization can be certified as a CHDO. It is intended to accompany an application
for project funding and, alone, does not provide all information the PJ will need to evaluate and
underwrite the project itself.
Instructions
Prospective CHDOs should complete Sections 1-4 of this application, sign the certification in Section 5,
and provide all applicable required attachments in Section 6. For any required attachment not being
submitted, provide an explanation as to why the attachment is not applicable to your organization.
As explained again at the beginning of Section 3, attachments should be highlighted by the prospective
CHDO to mark key sections of core organizational documents (for example, highlighting where the
Bylaws address limitations on the number of board members who are governmental officials or
employees) to aid the PJ’s review.
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Rhode Island Housing
Section 1: Organization & Key Contacts
Organization Name
Tax ID Number:
Du
ns Number:
Mailing Address (include physical address if different from mailing address):
Name, Title, and Contact Information (phone and email) for the following:
Organization President/CEO/Executive Director
Application Contact Person (if different than President/Executive Director)
Board President (provide personal cell phone and email address, not address of organization)
This application is being submitted in conjunction with an application for:
Project funding from the CHDO Set-aside
CHDO operating expenses funding
CHDO predevelopment loan
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Rhode Island Housing
Section 2: CHDO Role & Project Information
CHDO RoleIndicate the prospective CHDO’s role in the proposed project and then complete the
corresponding CHDO Role Checklist which must be provided as an attachment to this application.
The prospective CHDO will act as the (choose only one):
Developer of homebuyer housing
Sponsor of homebuyer housing
Owner of rental housing
Developer of rental housing
Sponsor of rental housingCHDO Affiliate will act as Owner
Sponsor of rental housingCHDO Affiliate will act as Developer
Sponsor of rental housingTurnkey Sponsor
Project LocationIdentify the City and County in which the proposed project is located and, include
the site address (if known) or major cross streets (e.g. northeast corner of 2
nd
Avenue and Oak Street
or south side of 200 block of East Sunset Lane):
Project DescriptionProvide a brief description of the project including whether it involves rental or
for-sale housing, new construction or rehabilitation. Also describe the overall size,
number of
structures/building type, income restrictions, population(s) served (e.g. family, senior, special needs,
etc.), and other key information.
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Rhode Island Housing
Section 3: CHDO Definition
In this section, the applicant should indicate which attached document(s) provide evidence for specific
threshold criteria. Additionally, the applicant should indicate where in the attached document
applicable provision can be found. Finally, as appropriate, highlight the relevant sections of each
document. For example:
Example
Criterion Met:
Yes No
This box for PJ Use Only
Documentation submitted to demonstrate this item:
Articles of Incorporation/Charter;
By-laws; OR See pg 7 of By-laws for board member requirements
Resolutions
Part A: Legal Status
1. Requirement
The nonprofit organization is organized under State or local laws [§92.2 CHDO definition paragraph
(1)]
PJ Determination
Criterion Met:
Yes No
Certificate of Good Standing (if the organization is newly formed
and has been existence for less than one year, a Certificate of
Existence will suffice) AND one or more of the following:
Articles of Incorporation/Charter
Other: _______________
PJ Review Notes:
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Rhode Island Housing
2. Requirement
The organization must have among its purposes the provision of decent housing that is affordable
to low- and moderate-income people [§92.2 CHDO definition paragraph (7)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
Articles of Incorporation/Charter
By-laws; OR
Resolutions
PJ Review Notes:
3. Requirement
No part of the organization’s net earnings may inure to the benefit of any member, founder,
contributor, or individual [§92.2 CHDO definition paragraph (2)]
PJ Determination
Criterion Met:
Yes No
Articles of Incorporation/Charter
PJ Review Notes:
4. Requirement
The organization may not be controlled by, nor under the direction of, individuals or entities
seeking to derive profit or gain from the organization [§92.2 CHDO definition paragraph (3)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
Articles of Incorporation/Charter;
By-laws,
A Memorandum of Understanding (MOU) with any “parent”
organization.
PJ Review Notes:
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Rhode Island Housing
5. Requirement
The organization must be a recognized nonprofit by virtue of:
1. Having a tax exemption ruling from the Internal Revenue Service (IRS) under Section 501(c)(3)
or 501(c)(4) of the Internal Revenue Code of 1986; OR
2. Is classified as a subordinate of a central organization non-profit under section 905 of the
Internal Revenue Code; OR
3. Is a wholly-owned entity that is a disregarded entity separate from its owner for tax purposes
and is owned by entity with a tax exemption ruling from the IRS under Section 501(c)(3) or
501(c)(4).
[§92.2 CHDO definition paragraph (4)]
PJ Determination
Criterion Met:
Yes No
501(c)(3) or (4) ruling or current conditional designation from the
IRS; or
A group exemption letter from the IRS under Section 905 that
includes the organization.
PJ Review Notes:
6. Requirement
The organization may not be a governmental entity such as a participating jurisdiction, other
jurisdiction, Indian tribe, public housing agency, Indian housing authority, housing finance agency,
redevelopment authority, zoning board or commission 92.2 CHDO definition paragraph (5)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
Articles of Incorporation/Charter
PJ Review Notes:
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Rhode Island Housing
Part B: Independence
7. Requirement
No more than one-third of the governing board members may be public officials or employees of a
governmental entity [§92.2 CHDO definition paragraph (5)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
By-laws, OR
Articles of Incorporation/Charter, AND
Current Board Roster indicating which members, if any, are public
officials or employees of government entities. See separate Excel
“CHDO Role Checklists” tab for “board roster”
PJ Review Notes:
8. Requirement
The officers (including elected or appointed officials) or employees of a governmental entity may
not be employees of a CHDO. [§92.2 CHDO definition paragraph (5)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
By-laws, or
Articles of Incorporation/Charter
Other: _______________; AND
Separate CHDO Staff Capacity Evaluation Checklist See separate
Excel “CHDO Role Checklists” tab for “staff roster”
PJ Review Notes:
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Rhode Island Housing
9. Requirement
If the organization was created by a governmental entity provide
d:
a
. The governmental entity may not appoint more than one-third of the membership of the
organization's governing body; and
b. The board members appointed by the governmental entity may not, in turn, appoint the
remaining two-thirds of the board members. [§92.2 CHDO definition paragraph (5)]
PJ Determination
Criterion Met:
Not applicable,
organization not created
by a gov’t entity
Yes No
Documentation submitted to demonstrate this item:
By-laws,
Articles of Incorporation/Charter, AND
Current Board Roster indicating which members, if any, are public
officials or employees of government entities along with
certifications from all board members as to government
official/employee status. See separate Excel “CHDO Role
Checklists” tab for “board roster”
PJ Review Notes:
10. Requirement(s)
A CHDO may be sponsored or created by a for-profit entity, provided that
a. The for-profit entity may not appoint more than one-third of the membership of the CHDO's
governing body, and
b. The board members appointed by the for-profit entity may not, in turn, appoint the
remaining two-thirds of the board members
c. The officers or employees of the sponsoring for-profit entity may not be employees of a
CHDO.
[§92.2 CHDO definition paragraph 3(i) and (ii)]
PJ Determination
Criterion Met:
Not applicable,
organization not created
by a for-profit
Yes No
Documentation submitted to demonstrate this item:
By-laws,
Articles of Incorporation/Charter, AND
Current Board Roster indicating which members, if any, are
appointed by a for-profit parent entity See separate Excel “CHDO
Role Checklists” tab for “board roster”
PJ Review Notes:
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Rhode Island Housing
11. Requirement
A CHDO may be sponsored or created by a for-profit entity, however, the for-profit entity's primary
purpose does not include the development or management of housing AND the CHDO is free to
contract for goods and services from vendor(s) of its own choosing [§92.2 CHDO definition
paragraph (3)(i) and (iii)]
PJ Determination
Criterion Met:
Not applicable,
organization not created
by a for-profit
Yes No
Documentation submitted to demonstrate this item:
For-profit organization profile and Articles/By-laws
CHDO’s By-laws,
Articles of Incorporation/Charter, or
Other: _______________
PJ Review Notes:
Part C: Accountability to Low Income Community
12. Requirement
The organization must have a designated service area (i.e. the “community” in which it produces
housing). A community can be a neighborhood or neighborhoods, city, county, metropolitan area,
or multi-county area (but not the entire State). [§92.2 CHDO definition paragraph (8)(i)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
By-Laws,
Articles of Incorporation/Charter, OR
Board Resolution
Other: _______________
PJ Review Notes:
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Rhode Island Housing
13. Requirement
The organization must maintain at least one-third of its governing board's membership for
residents of low income neighborhoods, other low income community residents, or elected
representatives of low income neighborhood organizations [§92.2 CHDO definition paragraph
(8)(i)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
By-Laws,
Articles of Incorporation/Charter, AND
Current Board Roster indicating which members meet this criterion
along with documentation of each such board member’s
qualification (e.g. certification of low income status, documentation
of home address in low income community, appointment by low
income neighborhood organization) See separate Excel “CHDO
Role Checklists” tab for “board roster”
PJ Review Notes:
14. Requirement
The organization must have a formally adopted process for low income, program beneficiaries to
advise the organization in its decisions regarding the design, siting, development, and
management of affordable housing projects [§92.2 CHDO definition paragraph (8)(ii)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
By-laws, OR
Resolutions, OR
A written statement of operating procedures approved by the
governing body, AND
Statement signed by the president or chief executive officer
describing input sought and received on the current project
proposal
Other: _______________
PJ Review Notes:
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Rhode Island Housing
15. Requirement
The organization must have a history of serving the community within which housing to be assisted
with HOME funds is to be located [§92.2 CHDO definition paragraph (10)]
The prospective
CHDO or its parent organization must be able to show one year of serving the
community prior to the date the PJ provides HOME funds to the organization. The organization must
describe its history (or its parent organization's history) of serving the commu
nity by describing
activities which it provided (or its parent organization provided), such as, developing new housing,
rehabilitating existing stock and managing housing stock, or delivering non-housing services that have
had lasting benefits for the community, such as counseling, food relief, or childcare facilities. The
statement must be signed by the president or other official of the organization.
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
A statement that documents at least one year of experience in
serving the community by the organization, or if newly formed, by
the organization’s nonprofit parent organization
Other: _______________
PJ Review Notes:
Part D: Capacity
16. Requirement
The organization must have demonstrated capacity appropriate to the organization’s role under
§92.300 and to the nature of the proposed or anticipated project. This capacity must be satisfied by
having paid employees with housing experience appropriate to the project or, for the first year of
funding as a CHDO, by having a qualified consultant who will train the organization’s paid
employees. [§92.2 CHDO definition paragraph (9)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
Project description from proposal/application
Resumes/description of experience for staff assigned to
development project
See separate Excel “CHDO Role Checklists” tab for staff roster
o Include W-2s for identified staff, or in the absence of W-2
s,
copies of the employment contract between the CHDO and
the employee (Social Security No. may be blacked out.)
PJ Review Notes:
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Rhode Island Housing
17. Requirement
The organization must conform to the financial accountability standards of 24 CFR 84.21,
"Standards for Financial Management Systems" [§92.2 CHDO definition paragraph (6)]
PJ Determination
Criterion Met:
Yes No
Documentation submitted to demonstrate this item:
A notarized statement by the president or chief financial officer of
the organization;
A certification from a Certified Public Accountant, OR
A HUD approved audit summary.
PJ Review Notes:
Section 4: Certification
As the Board President of the organization named in Section 1 of this application for CHDO
Certification, I hereby certify that all the information contained in this application is true and correct
and that accurate versions of required attachments have been provided as part of this application. I
acknowledge that submission of materially false or misleading information is grounds for rejection of
this application and any related project funding application. Further, I certify that the submission of
this application has been approved by a two-thirds vote of the Board of Directors.
Signature:
Date:
Printed Name:
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Rhode Island Housing
Section 5: PJ Preliminary Determination
This section for PJ Use only
PJ Determination:
The organization meets initial CHDO Threshold requirements, including the capacity requirement as
demonstrated by the application and associated attachments,
The organization will not be preliminarily designated as a CHDO at this time for the following reasons:
The organization has failed to meet and/or document compliance with the threshold criteria
as indicated in the notes below and/or
Staff does not have the necessary capacity given the project proposed by the organization.
Other Notes:
Signature of PJ HOME Administrator:
Date:
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RhodeIslandHousing
Section 6: Required Attachments
Requiredattachmentsshouldbelabeledwithcoversheets.AsnotedininstructionstoSection3
above, key sections of Articles, Bylaws, or other documents that highlight specific CHDO
definitionalelementsshouldalsobehig hli ghtedintheattachments.
C1. ArticlesofIncorporation/Charter
C2. CurrentBylaws
C3. Certificateof
GoodStandingorExistence(issuednotlessthan60dayspriortoapplication)
C4. IRSNonprofitDesignationletter
C5. MapandDescriptionofServiceArea
C6. CurrentBoardRoster,mustindicateLIrepresentativesandpublicofficial/employeestatus
C7. BoardMemberCertificationsofGovernmentalOfficial/Employee Status
C8.
BoardMemberCertificationsofLowIncomeRepresentationStatu s
C9. Corporateprofileofforprofitentitythatcreatedorga nization(ifapplicable)
C10. Adoptedpolicy(e.g.boardresolution)definingprocessforLowIncomeBeneficiaryInput
C11. Statementoutliningresultsofinputprocess,includingdocumentationsuchas
notes/minutes/reportsofinput
receivedonproposedproject(s)
C12. CorporateprofileforprospectiveCHDOdescribingatleastoneyearhistoryofproviding
servicewithintheorganization’sservicearea;regionalorganizationsshouldhighlight service
historyinthespecificlocalcommunitywhereproposedCHDOprojectislocated
C13. CHDOStaffRoster
C14. W2s
forstaffassignedtoproposedproject
C15. Resumes/biographiesforstaffassignedtoproposedCHDOproject
C16. JobdescriptionsforkeystaffpositionsresponsibleforproposedCHDOproject
C17. 2CFR200FinancialStandardsCertification/Documentation (Specifically 200.302 & 200.303)
C18. Currentfiscalyearoperatingbudget
C19. MostrecentIRSForm
990
C20. Strategicbusinessplan,in cludingdescriptionofongoingandpipelineprojects
C21. DescriptionofpreviousHOMEfundedCHDOprojects,includinganyfundedbyotherPJs
C22. Other:___
_________________
C23. Other:____________________