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§ 21-1102. Annual Consolidated Plan.
   (1)   The annual Consolidated Plan shall be prepared by DHCD for the City of Philadelphia, shall be consistent with 24 C.F.R. Part 91, as amended, and shall include the following elements:  31
      (a)   An Action Plan that describes all anticipated resources and the specific activities and programs the City intends to carry out under the Consolidated Plan to address the documented needs, the geographic distribution of the proposed activities and programs and the populations to be served, including homeless persons and those with special needs, including persons with disabilities and persons with HIV/AIDS;
      (b)   A detailed Budget that documents, by Budget Category, Subcategory and Line Item all sources of revenue and proposed expenditures for all activities, programs and administrative costs, including a comparison with the prior year's budget.
   (2)   Expenditure of funds shall be made only as specified in each year's Final Consolidated Plan, or in any Final Consolidated Plan amendments, properly adopted by City Council in compliance with the requirements of Section 21-1105.

 

Notes

31
   Amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.
§ 21-1103. Very Low, Low and Moderate Income Beneficiaries.
   (1)   The activities and programs contained in the Consolidated Plan shall primarily benefit very low, low and moderate income persons residing in the City, given the nature and relative severity of their needs, in a manner not inconsistent with federal, state and local laws and regulations. All activities and programs contained in the Consolidated Plan shall be consistent with the policies herein set forth and shall be suitable to meeting the respective needs of very low, low and moderate income residents.
   (2)   For the purposes of this Chapter:
      (a)   A very low income person or resident is a person residing in the City having an annual income of not more than twenty-five percent (25%) of the area median income for the Standard Metropolitan Statistical Area of Philadelphia for a family of similar size, as determined under the Housing and Community Development Act of 1974, as amended;
      (b)   A low income person or resident is a person residing in the City having an annual income of not more than fifty percent (50%) of the area median income for the Standard Metropolitan Statistical Area of Philadelphia for a family of similar size, as determined under the Housing and Community Development Act of 1974, as amended;
      (c)   A moderate income person or resident is a person residing in the City having an annual income of not more than eighty percent (80%) of the area median income for the Standard Metropolitan Statistical Area of Philadelphia for a family of similar size, as determined under the Housing and Community Development Act of 1974, as amended;
      (d)   A direct beneficiary is the social or public service recipient, employee in a newly created job, employee in a job retained through the use of funds contained within each year's Final Consolidated Plan, purchaser, recipient or owner occupant of real property, occupant of rental housing, or resident of the block that receives public improvements.
   (3)   To insure that funds used under each year's Final Consolidated Plan comply with the City policies and goals set forth in subsection (1):
      (a)   The funds contained within each year's Final Consolidated Plan, exclusive of administration and program management costs, will not be considered to primarily benefit very low, low and moderate income persons or give maximum priority to very and low income persons unless:
         (.1)   Seventy-five percent (75%) of the funds within each year's Final Consolidated Plan, exclusive of administration and program management costs, directly benefit very low, low and moderate income persons; and
         (.2)   Priority is given to developing and implementing projects and activities that directly benefit very and low income persons.
   (4)   No less than fifty percent (50%) of the funds contained within each year's Final Consolidated Plan, exclusive of administration and program management costs, shall be allocated and spent directly on housing projects or activities which directly relate to providing or maintaining housing.
§ 21-1104. Citizen Participation. 32
   (1)   All City residents shall have the right to participate in and express views and comments at any and all hearings. All public hearings required by this Section (pursuant to 24 C.F.R., Part 91) and Section 21-1105 (City Council Plan Approval and Amendment Procedure) shall be held at times and locations convenient to very low, low and moderate income persons. DHCD shall insure adequate citizens' participation in the development of the Annual Consolidated Plan consistent with 24 C.F.R., Part 91, as amended, and shall incorporate the Citizen Participation Plan, required by 24 C.F.R., Part 91, as an appendix in the Preliminary, Proposed, and Final Plans.

 

Notes

32
   Amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.
§ 21-1105. Council Plan Approval and Amendment Procedure. 33
   (1)   Upon completion of the public hearings required by Section 21-1104 (Citizen Participation) and before submitting to the U.S. Department of Housing and Urban Development ("HUD") its statements of community development objectives or similar required documents, DHCD shall prepare and submit a Proposed Consolidated Plan to Council, along with a proposed Ordinance authorizing the Plan, including application for funding contemplated by the Plan. Council may amend the Proposed Plan and proposed Ordinance as it deems necessary.
   (2)   When the Proposed Consolidated Plan and proposed Ordinance are submitted to Council, Council shall, pursuant to the Charter, thereafter set a date for a public hearing in order to take written comments and proposals and hear oral testimony from interested citizens. Prior to authorizing the Plan and approving the proposed Ordinance, Council may amend each document. Once so authorized, the Plan shall be referred to as the Final Consolidated Plan.
      (a)   The Final Consolidated Plan shall be deemed to conform with the requirements of this Ordinance.
   (3)   Subject to the provisions of subsection (4), DHCD may propose and adopt amendments to the Final Consolidated Plan. DHCD shall establish policies and procedures pertaining to such amendment(s) that are in compliance with federal, state and local laws and regulations and shall publish said policies and procedures in the Preliminary, Proposed and Final Consolidated Plan. In addition, with respect to each proposed amendment, DHCD shall, in the same form and at the same time as published pursuant to 24 C.F.R., Part 91, report all Final Consolidated Plan amendments to the President of City Council and the members of the Committee on Housing, Neighborhood Development and the Homeless.
   (4)   Council authorization shall be obtained before DHCD makes any change or changes in any Final Consolidated Plan's budget which alone or in combination with previous changes, amount to ten percent (10%) or more in cumulative effect on the allocation in such Final Consolidated Plan when DHCD proposes to use the funds to undertake one or more new activities, or proposes to alter the stated purpose, location or class of beneficiaries of previously authorized activities.
   (5)   If, at any time, (a) DHCD determines that revenues will fall short of or exceed those projected in any Final Consolidated Plan, or that new revenue sources have become available; or whenever amendments are proposed pursuant to subsection 21-1105(3); 34 and (b) such shortfall, excess, new revenue, or amendment will change any revenue line item by at least ten percent (10%) and at least five hundred thousand dollars ($500,000), DHCD shall prepare and submit to Council a proposed amendment to the Final Consolidated Plan, a proposed ordinance approving such amendment, and such other information as may be requested by Council. No amendment subject to this subsection (5) 35 shall be submitted to HUD unless approved by ordinance.

 

Notes

33
   Amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.
34
   Enrolled bill read "21-1104(3)"; reference corrected by Code editor.
35
   Enrolled bill read "this subsection (4)"; reference corrected by Code editor.
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