N.H. Admin. Code § Cdfa 310.02

Current through Register No. 50, December 12, 2024

Section Cdfa 310.02 - Evaluating Applications

(a) The authority shall evaluate applications prior to scoring using the criteria in (c) through (m) below.

(b) The evaluation shall result in one or more of the following actions:

(1) A request for clarifying information;

(2) Limited modifications to the proposed project;

(3) Reduced funding;

(4) Elimination of activities that do not meet the national objective described in Cdfa 305.01(a) and (b) or are ineligible;

(5) Elimination of activities that do not support the principal activity;

(6) Denial of funding for the project for clear failure to comply with one or more of the criteria listed in paragraphs (c) through (m); or

(7) Scoring of the application.

(c) All projects shall conform to the goal of the state enabling legislation described in RSA 162-L:12 and to the primary objective as described in 42 U.S.C. 5301(c) of the federal act, which is to benefit mainly low and moderate income persons and households without excluding low income persons and households.

(d) Such projects may also, but shall not be required to, meet the other 2 national objectives and the other state objectives listed in Cdfa 305.01.

(e) To determine whether an activity meets a national objective, the criteria in 24 CFR 570.483 shall be used.

(f) In addition, the following criteria shall also be used to determine national objective compliance:

(1) For a public facilities grant for water and sewer as described in Cdfa 306.03, the applicant shall show that at least 51 percent of the households currently serviced, or expected to be serviced, by the water or sewer system shall be low and moderate income persons by:

a.Using census data;

b.Conducting a survey with at least a 67 percent random or serial response rate and at least 51 percent of those responding persons being low and moderate income persons; or

c.Using any other statically valid method if the service area is comprised of over 100 users.

(2) For a public facilities grant for public property as described in Cdfa 306.04, the applicant shall show that, within the target area, at least 51 percent of the persons expected to benefit from the proposed CDBG project shall be low and moderate income persons by:

a.Using census data; or

b.Conducting a survey as described in (1)b.

(3) For a public facilities grant for public services as described in Cdfa 306.05, the applicant shall show that at least 51 percent of the persons comprising the groups expected to use the community center or neighborhood facility are low and moderate income persons by:

a.Using census data; or

b.Conducting a survey as described in (1)b. in a demarcated target area.

(4) For a microenterprise development assistance grant as described in Cdfa 307.03, the project shall meet the national objective of benefit to low and moderate income persons using one or more of the following criteria:

a.Limited clientele activities, whereby 100% of the beneficiaries are determined to be low and moderate income persons;

b.Job creation or retention activities, whereby at least 60% of the jobs created or retained must be filled by low and moderate income persons; or

c. Area benefit activities, whereby the area served must be primarily residential and where at least 51% of the residents are low and moderate income persons.

(g) The criteria in (f)(3) shall not apply to public facilities grants where the national objective compliance is determined by using the criteria in 24 CFR 570.483(b)(2).

(h) To evaluate an applicant's capacity and performance to carry out a proposed community development project, the following conditions shall apply:

(1) For prior grantees, the applicant's present capacity to undertake a new program shall be evaluated as well as the applicant's prior performance by using the following criteria:

a.Whether the rate of progress in completing the project is an average of 6 months or more behind schedule;

b.Whether the applicant currently has more than $250,000 in unspent and obligated CDBG funds;

c.The efforts made by such an applicant to provide housing for low and moderate income households generally; and

d.The applicant's compliance with applicable laws, rules and regulations, including actions taken to clear the authority's monitoring findings in accordance with 24 CFR 570.492 and audit findings in accordance with 24 CFR 570.493; and

(2) Where a revolving loan fund is proposed for economic development activities, the applicant's or subrecipient's ability to administer the fund shall be evaluated by using the following criteria:

a.Evidence of a long-term capability including but not limited to a contract with a bank or administering agency to provide such service; and

b. A written plan for the re-use of the recaptured loan funds.

(i) The following shall apply to the verification of information:

(1) The authority shall verify information contained in the application by reviewing:

a.Survey and census data;

b.Municipal master plans;

c.Regional planning agency reports;

d.Reports from the New Hampshire housing authority;

e.Local universities; and

f.Previous applications; and

(2) The data in (1) above shall be verified by:

a.Contacting the applicant;

b.Checking published data;

c.Consulting state and federal agencies; or

d.Consulting private entities.

(j) Where the authority does not have the expertise, other state agencies or private consultants hired by the authority shall be requested to perform a technical review of the application.

(k) Site visits shall be made with the applicant to further verify and evaluate the information contained in an application.

(l) Grant funds requested shall be sufficient, either alone or in combination with other funding sources, to complete the intended activities within the grant period. The applicant shall identify the sources and amounts of other funds as well as their proposed use.

(m) The applicant shall have no codes, ordinances and written policies which effectively exclude mobile homes or manufactured housing and multi-family housing for low and moderate income households.

(n) The requirement in (m) above shall not apply to feasibility grant applications.

N.H. Admin. Code § Cdfa 310.02

(See Revision Note at chapter heading for Cdfa 300) #8387, eff 6-29-05