Section 141.102. Other National objectives

If activities cannot be qualified under § 141.101 (relating to primary objective), the activities may be qualified under one of the two remaining national objectives as follows:

(1) Prevention or elimination of slums and blight. Activities meeting one or more of the following criteria, in the absence of substantial evidence to the contrary, will be considered to aid in the prevention or elimination of slums or blight:

(i) Activities to address slums or blight on an area basis. An activity will be considered to address this objective in an area if:

(A) The area, delineated by the grantee, meets the definition of ‘‘blighted area’’ under § 21.1 (relating to definitions).

(B) There is a substantial number of deteriorated or deteriorating buildings throughout the area.

(C) Documentation is maintained by the recipient on the boundaries of the area and the conditions which qualified the area at the time of its designation.

(D) The assisted activity is designed to address one or more of the conditions which contributed to the deterioration of the area. Rehabilitation carried out in an area meeting the requirements in this clause will be considered to address the area’s slum or blight only where a building rehabilitated is considered substandard under local definition before rehabilitation, and deficiencies making a building substandard have been eliminated before less critical work on the building is undertaken. At a minimum, the local definition for this purpose shall be that residential buildings considered as substandard would also fail to meet the Existing Housing Quality Standards 24 CFR 882.109 (relating to housing quality standards).

(E) Notwithstanding the requirements of subparagraph (i), rehabilitation activity which benefits low- and moderate-income persons under clause (D) can be undertaken without regard to the area in which it is located or the extent or nature of rehabilitation assisted.

(ii) Activities to address slums or blight on a spot basis. Acquisition, demolition, rehabilitation, relocation and historic preservation activities designed to eliminate specific conditions of blight or physical decay on a spot basis not located in a slum or blighted area will meet this objective. Under this criterion, rehabilitation for other than low-and moderate-income persons is limited to the extent necessary to eliminate specific conditions detrimental to public health and safety.

(iii) Urban renewal completion. Activities included in the urban renewal plan most recently approved by HUD under Title I of the Housing Act of 1949 (42 U.S.C.A. § § 1450—1469c) which are necessary to complete an urban renewal project will meet this objective.

(2) Immediate situations that pose a threat to the health and safety of the community. Program assistance can be used for activities that are clearly designed to eliminate an immediate threat to the health and safety of a community. The activities can qualify for this assistance only to the extent that:

(i) The serious nature of the problem has become critical no longer than 18 months prior to the proposed use—through application—of program funds for this purpose.

(ii) The use of program funds is limited to the alleviation of the immediate threat, and not for the permanent resolution of the threat.

(iii) The recipient must certify to the Department that the recipient cannot finance the needed activity from its own financial resources nor can it find any other financial assistance to do so.

(3) Area benefit activities. For the purposes of determining compliance with one or more of the three National objectives in this chapter, activities of the same type that serve different areas will be considered separately on the basis of their individual service area.

(4) Planning and administrative costs. Planning and administrative funds, within the 18% allowable limit will be considered to address the National objectives qualified by the grantee in the same proportion as the objectives are met.

The provisions of this § 141.102 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614.

Notation

Cross References

This section cited in 12 Pa. Code § 141.309 (relating to Department approval).