within 18 months of project completion; if not, PJ/CITY must repay HOME funds for the
vacant units. Note, for units that remain vacant six months following completion, the
Subrecipient/CHDO must identify and develop an enhanced marketing plan and report this
information to the CITY who will in turn provide report to HUD. [§92.252]
3. A homebuyer unit must have a ratified sales contract within nine months of
construction completion, or the PJ/CITY must either convert it to a HOME rental unit or
repay the full HOME investment. [§92.254(a)(3)]
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4. CHDO set-aside funds should be committed to specific projects within 24
months of the PJ/CITY receiving its HOME allocation. The PJ/CITY can no longer
“reserve” CHDO funds for projects that will be identified at a later date. [§92.2 Commitment,
§92.300(a)(1)]
5. CHDO set-aside funds must be expended within 5 years of when the PJ/CITY
receives its formula allocation. [§92.500(d)(1)(A) and (C), and §92.500(d)(2)]
Strengthen Performance in Producing and Preserving Affordable Housing
The 2013 Rule provides regulatory guidance to strengthen Participating Jurisdiction (PJ)/CITY’s
performance in the production and preservation of HOME- assisted projects. These changes relate to
underwriting, property standards and construction oversight, CHDO qualifications and capacity, and long-
term viability of projects.
Underwriting and Program Design
1. PJ/CITY must underwrite all HOME projects to ensure that each project is
financially sustainable over its affordability period. The underwriting review
evaluates cost reasonableness, market demand, developer capacity, and the
commitment of other funding sources. [§92.250(b)].
2. PJ/CITY must adopt program policies for homebuyer programs that include
underwriting guidelines to determine the appropriate amount of assistance
necessary to assist the low-income buyer; assessment of a buyer’s ability to
purchase and remain in the home (e.g., housing and consumer debt ratios,
anticipated income, and available assets); and anti-predatory lending and
subordination policies. [§92.254(f)].
3. Homebuyers must receive housing counseling by a HUD-certified
housing counselor before receiving HOME assistance (down payment
assistance) or purchasing a HOME-assisted unit. [§92.254(a)(3)].
Property Standards and Construction Oversight
1. Property standards are updated to reference current national codes and to require that
PJ/CITY establish standards that will sustain quality assisted housing for at least the
affordability period. Within the 2013 Rule, property standards requirements are
reorganized by project type – new construction, rehabilitation, acquisition without
rehabilitation, and manufactured housing. [§92.251]
2. PJ/CITY must identify and plan for major systems repairs. For rental
rehabilitation projects with 26+ units, this must be done via a capital needs
assessment. The PJ/CITY must require that the scope of rehabilitation work and
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Nonprofit, CHDO, or public housing authority will be required to repay PJ/CITY