Endnotes

Endnotes

i The insular areas include American Samoa, Guam, Northern Mariana Islands, and the U.S. Virgin Islands.

ii The national model codes used by the HOME Program are the Uniform Building Code (issued by CABO), National Building Code (issued by BOCA), and the Standard (Southern) Building Code (issued by SBCCI). Since the promulgation of the HOME Program regulations, these code-issuing agencies have merged to form the International Code Council (ICC). The model codes used for the HOME Program are no longer being updated; in their stead, the ICC has adopted the International Building Code. HUD will consider whether changes to the HOME regulations incorporating the International Building Code are appropriate.

iii Generally, conversion of an existing residential structure to affordable housing is rehabilitation under the HOME Program. Conversion projects are treated as new construction only when adding one or more units beyond the existing walls. See 24 CFR 92.205(a)(3).

iv The national model codes used by the HOME Program are the Uniform Building Code (issued by CABO), National Building Code (issued by BOCA), and the Standard (Southern) Building Code (issued by SBCCI). Since the promulgation of the HOME Program regulations, these code-issuing agencies have merged to form the International Code Council (ICC). The model codes used for the HOME Program are no longer being updated; in their stead, the ICC has adopted the International Building Code. HUD will consider whether changes to the HOME regulations incorporating the International Building Code are appropriate.

v For a detailed discussion of this issue, see The HOME Program’s HOMEFires, Volume 5, Number 2. June, 2003. Available online at https://www.hud.gov/offices/cpd/affordablehousing/library/homefires/volumes/vol5no2.cfm

vi For more information, see HOMEfires, Volume 1, Number 1. June 1, 1997. Available on-line at https://www.hud.gov/offices/cpd/affordablehousing/library/homefires/volumes/vol1no1.cfm.

vii The national model codes used by the HOME Program are the Uniform Building Code (issued by CABO), National Building Code (issued by BOCA), and the Standard (Southern) Building Code (issued by SBCCI). Since the promulgation of the HOME Program regulations, these code-issuing agencies have merged to form the International Code Council (ICC). The model codes used for the HOME Program are no longer being updated; in their stead, the ICC has adopted the International Building Code. HUD will consider whether changes to the HOME regulations incorporating the International Building Code are appropriate.

viii The requirements for income eligibility are found at 24 CFR 92.2 (definitions of “low-income families” and “very low-income families” and 24 CFR 92.203 for eligibility criteria for HOME, and 24 CFR 570.3 (definitions of “income,” “low- and moderate-income household,” “low-and moderate-income person,” “low-income household,” “low-income person,” “moderate-income household,” and “moderate-income person”) and 24 CFR 570.200 for general policies on eligibility for CDBG, respectively.

ix For projects that include HOME-assisted and non-assisted units, the rehabilitation costs of the non-assisted units are not included in this calculation.

x Note, the State CDBG regulations do not contain any guidance on the use of lump sum drawdowns. The Housing and Community Development Act requires that lump sum drawdowns follow the requirements prescribed by HUD. The only requirements issued by HUD are in the Entitlement regulations. Therefore, states must follow the entitlement regulations regarding lump sum drawdowns.

xi Applicable to CFDIs with charters that define the investment area as being primarily residential with at least 51 percent low- and moderate-income residents. Activities carried out by CFDIs receive special regulatory consideration regardless of whether the CFDI is actually receiving funds through the CFDI Fund. For more information, see https://www.cdfifund.gov/.

xii HOME can be used for the housing portion of mixed-use projects, and for the low-income units of a mixed-income housing development. When funding the eligible portion of a development, PJs and their housing partners are required to track the actual costs of the affordable housing units in a mixed-use project. In a mixed-income project, the costs of the affordable units can be pro-rated as portion of the total development costs, when the units are comparable in terms of size and amenities.



Consulting Services We Provide

  • Review public works preconstruction contracts
  • Monitor DIR contractor/subcontractor certified payrolls
  • Audit labor classification for each worker employed
  • Review DIR pre-DAS 140/142 submissions
  • Review CAC training fund contributions form CAC-2
  • Review DIR Fringe Benefits Statement PW-26
  • Monitor DIR wage determinations
  • Audit fringe benefits allowances
  • Review DIR holiday payment requirements
  • Audit DIR travel & subsistence requirements
  • Caltrans Labor Compliance
  • County of Sacramento Labor Compliance
  • City of Los Angeles Labor Compliance
  • Los Angeles Unified School District Labor Compliance
  • Federal Davis-Bacon Project Monitoring
  • Federal DBE Implementation & Review
  • Federal FAA AIP Goal Setting
  • DIR & Davis-Bacon Training
  • DIR Civil Wage Penalty Review
  • Local-Hire Review (e.g., San Francisco)
  • Skilled and Trained Workforce

Give us a call to discuss your labor compliance requirements.

This email is intended for general information purposes only and should not be construed as legal advice
or legal opinions on any specific facts or circumstances.

 
© 2009-2020 GroupOne Company. All Rights Reserved.