2012 dca chip applicants’ workshop community home investment program (chip) homeowner...

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2012 DCA CHIP Applicants’ Workshop Community HOME Investment Program (CHIP) HOMEOWNER REHABILITATION FEDERAL COMPLIANCE

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2012 DCA CHIP Applicants’ Workshop

Community HOME InvestmentProgram(CHIP)

HOMEOWNER REHABILITATION

FEDERAL COMPLIANCE

Page 22012 CHIP Applicants’ Workshop CHIP Applicants’ Workshop

Compliance AgendaRehabilitation - Reconstruction

• Environmental Review Requirements

• Fair Housing and Equal Opportunity

• Accessibility - Visitability

Page 32012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Environmental Review Requirements

• Obligation of Recipients:▪ Comply with environmental and historic

preservation laws ▪ Assess and evaluate environmental effects▪ Minimize and mitigate any adverse effects▪ Public Notification▪ Do not obligate funds until release of funds

Page 42012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Environmental Review Requirements Tier 1

• State Recipient▪ Complete Statutory Checklist

• Provide detailed information

• Publish in newspaper• Submit to DCA – Day 16

– Signed Checklist

– Proof of Publication

– Request ROF

• Receive Authority to Grant Funds

• Sub-Recipients▪ DCA complete Statutory

Checklist• DCA publish in

newspaper• DCA charge sub-

recipient for cost of publishing

• DCA request ROF• DCA issue Authority to

Grant Funds after HUD clearance

Page 52012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Environmental Review Requirements Tier 2• State Recipients

▪ Submit Site Specific Environmental Screening Checklist

• Signed by Authorizing Official

– Mayor– Chairman– CEO/Executive

Director(non-profits)

▪ Submit all supporting documentation

▪ DCA verify clearance▪ DCA issue Notice to

Proceed

• Sub-Recipients▪ Submit Environmental

Screening Checklist▪ Submit supporting

documentation• Floodplain/Wetland Maps • Noise Study• SHPO clearance

▪ DCA complete Site Specific Environmental Screening Checklist

▪ DCA perform clearance▪ DCA issue Notice to

Proceed

Page 62012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Tier 1 Statutory Assessment

Site Specific Environmental Screening Checklist

Page 72012 CHIP Applicants’ Workshop 2011 CHIP Applicants’ Workshop

GEORGIA DEPARTMENT OF COMMUNITY AFFAIRSCommunity HOME Investment Program

Environmental Screening Checklist

A separate checklist must be completed for each development site and submitted in the Application.

Applicant Name: ___________________________________________Project Address: ___________________________________________

Type of Activity: ___New Construction ___ Reconstruction __ Rehabilitation

Part I: Historic Preservation (Complete only if existing building is on site)

1. What year was the house originally constructed?

2. What source data was used to determine year of construction?

___Tax Record ___ Appraisal ___Builder’s Deed ___ Historic Survey Data ___ Sanborn Fire Insurance Map

3. Is unit feasible for rehabilitation? ____Yes _____ No

4. If the house is 50 years or older, which of the following apply? Categorically Exempt Historic Preservation Professional made one of the following determinations:

_____Not Historic (contributing or individual) _____No Affect _____No Adverse Affect _____Adverse Affect

5. If Adverse Affect is selected above, has local Historic Preservation Professional approved the Standard Mitigation Process? ______Yes _______No

Part II: Other Environmental Factors If Yes is answered, use additional pages to explain any mitigation to be taken.

Yes No 1. Floodplain Management. a. Is the site located within the 100-Year Flood Plain? ____ ____ Reference: Executive Order 11988 – Floodplain Management and Water Resources Council Guidelines.2. Does the project have the potential to affect or be affected by: ____ ____ a. Wetlands Protection Reference: Executive Order 11990. Protection of Wetlands. 

Page 82012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Single Family Housing Development Program

b. Coastal Areas Protection and Management ____ ____ References: (1) Coastal Zone Management Act of 1972 as Amended (16 U.S.C. 1451-1464) (2) Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501+). (3) Coastal Barrier Improvement Act of 1990 (16 U.S.C. 3501).

c. Runway Clear Zones and Accident Potential Zones ____ ____ Reference: 24 CFR Part 51

d. Endangered Species ____ ____ Reference: Endangered Species Act of 1973 as Amended (16 U.S.C. 1531-1543).

e. Solid Waste Management ____ ____ Reference: Solid Waste Disposal Act as Amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901-6987) and U.S. Environmental Protection Agency (EPA) Implementing Regulations 40 CFR Parts 240-265).

f. Farmland Protection ____ ____ Reference: (1) Farmland Protection Policy Act of 1981 (7 U.S.C. 4201+), particularly sections 1540(b) and 1541 (7 U.S.C. 4201(b) and 4202) (2) Farmland Protection Policy (Department of Agriculture – 7 CFR part 658).

g. Sole Source Aquifers ____ ____ Reference: (1) Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349) as amended; particularly section 1424(e) (42 U.S.C. 300h03(e)) (2) Sole Source Aquifers (EPA – 40 CFR part 149).

h. Wild and Scenic Rivers ____ ____ Reference: The Wild & Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) as amended, particularly section 7(b) and (c) (16 U.S.C. 1278(b) and (c)). i. Air Quality. ____ ____ Reference: (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d) (42 U.S.C. 7506 (c) and (d)) (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (EPA – 40 CFR parts 6, 51, and 93).

j. HUD Environmental Standards ____ ____ Reference: Applicable criteria and standards specified in HUD environmental regulations (24 CFR part 51) (other than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3)) and HUD Notice 79-33, Policy Guidance to address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979).

Page 92012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Single Family Housing Development Program

k. Environmental Justice. ____ ____ Reference: Executive Order 12898 – Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, February 11, 1994 (59 CFR 7629), 3 CFR, 1994 Comp. P. 859.

3. Noise Reference: HUD Regulations (24 CFR Part 51. Subpart B) a. Is the site within 1,000 feet of a major road, highway, or freeway? ____ ____ b. Is the project within 3,000 feet of a railroad? ____ ____ c. Is the project within 15 miles of a military airfield? ____ ____ d. Is the project within 5 miles of a civil airport? ____ ____

4. Thermal and Explosive Hazards Reference: 24 CFR § 51.200 a. Is the site in an area where fuels, hazardous gases or flammable ____ ____ chemicals are stored?

Form prepared on behalf of Applicant by:

Print Name Signature

Title Date

FOR DCA USE ONLY

Approved By:

Print Name Signature

Title Date

Page 102012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

• Applicable Civil Rights Laws and Regulations▪ Section 109 of the Housing and Community

Development Act of 1974▪ Section 504 and the Americans with

Disabilities Act (ADA)▪ Affirmative Marketing▪ Ethnic and Racial Reporting Requirements▪ Section 3

Page 112012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing & Equal Opportunity

• Section 109 The right of all in this country to inherit,

purchase, lease, sell, hold and convey real and personal property without regard to:

Race Sex Color Disability Religion Familial

Status Or

National Origin

Page 122012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

ADA and Section 504

• Ensures non-discrimination based on disability▪ Accessible locations include:

• Housing• Public Hearing locations • Application Intake• Public Information

– TDD– Georgia relay service

Page 132012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Affirmative Marketing

• Affirmatively Further Fair Housing▪ Market to Appropriate Target Population

• Advertise

– Newspapers

– Television

– Town Hall Meetings

Page 142012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Minority Business Enterprises (MBE/WBE)

• Make business opportunities available:▪ Minority▪ Women

• Required to report activity

Page 152012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

What is Section 3?• Provision of the Housing and Urban Development Act of

1968

• Helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency

• Requires recipients of certain HUD financial assistance to provide job training, employment and contracting opportunities for low or very low income residents in connection with projects and activities in their neighborhood.

Page 162012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Section 3 Applicability:

▪ $200K Threshold for Recipient Grant Award▪ $100K Threshold for Construction Contracts▪ Housing rehabilitation

(including lead-based paint abatement)▪ Housing construction▪ Other public construction

Page 172012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Ways to qualify for Section 3:

• Resident• Business

Page 182012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Who are Section Residents?• Residents of the non-metro county where the HUD-assisted

project is located and who have a household income that falls below HUD’s income limits.

• Public housing resident• Section 8 resident

▪ Determining Income Levels • Section 3 low income is defined as 80% or below the

median income of that area (CDBG low to moderate income standard).

• Section 3 very low income is defined as 50% or below the median income of that area (CDBG low income standard).

Page 192012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

What is a Section 3 Business?

• 51% or more owned by Section 3 residents

• Section 3 residents make up 30% of its full-time permanent staff

• Provide evidence of a commitment to subcontract more than 25% of the dollar award of all subcontracts to businesses that qualify as a Section 3 business

Page 202012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Ways to Implement Section 3

▪ Contact resident councils, resident managers or other resident organizations to request assistance in notifying residents of jobs

▪ First-source hiring agreements

▪ Sponsor job informational meetings

▪ Partnership with Department of Labor

Page 212012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Fair Housing and Equal Opportunity

Ways to Implement Section 3

▪ Partnership with Local Technical College

▪ Conduct job interviews at the housing development or the neighborhood service area of the project

▪ Use community-based organizations to recruit and screen qualified persons

▪ Compile a list of all existing vocational training and apprenticeship programs in the area.

Page 222012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Remember:

• Discuss plans for complying with Section 3 in your 2012 Application

• Start early establishing systems and relationships• DCA will work on “standard approaches” for recipients• Section 3 Reporting – More to come

Fair Housing and Equal Opportunity

Page 232012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Accessibility – Visitability

• Accessibility▪ Mandated by Federal Law▪ New Construction▪ Reconstruction

• Visitability▪ Mandated by Georgia

Law▪ New Construction▪ Reconstruction

Page 242012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Accessibility – Visitability

• Accessibility▪ Zero step entry

• Front, side or rear▪ 36 inch door width▪ First Floor

• Interior door 32 inch• Hallway width 36 inches• Bathroom wall reinforced for grab

bars• Electrical Plug at least 15 inched

above floor• Electrical no higher than 48

inches above floor– Breaker box– Light switch– thermostat

• Main breaker inside on first floor

• Visitability▪ Zero step entry

• Front, side or rear▪ All main floor doors with 32 inches

of clear passage space• Includes bathroom

▪ At least a half-bath on main floor

Page 252012 CHIP Applicants’ Workshop 2012 CHIP Applicants’ Workshop

Compliance Requirements

Questions?

Tarolyn Moore (404) 679-5271

[email protected]