§ 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.

§ 21-1106. Information to be Provided to Council. 36

   (1)   DHCD shall prepare and submit to City Council quarterly performance reports within sixty (60) days of the end of each calendar quarter. These reports shall contain beneficiary data for activities outlined in the annual Consolidated Plan that are made fundable and eligible for very low, low and moderate income households in accordance with HUD regulations, such other information as may be requested by the Council President or his/her designee, and the following:

      (a)   For each program or activity that produces a unit of housing, the geographic distribution by Council District and demographic data on the recipient(s) including, but not limited to, income by category (as defined in subsection 21-1103(2)), race, gender, disability and age.

      (b)   For each program or activity that produces a unit of service that preserves or improves housing units or assists persons in securing affordable housing, the geographic distribution by Council District and demographic data on the recipient(s), including, but not limited to, income by category, race, gender, disability and age.

      (c)   For each program or activity that provides employment and training, data on the recipient(s), including, but not limited to, income by category, race, gender, disability and age.

      (d)   For each program or activity that creates or retains jobs, data on the recipient(s), including, but not limited to, income by category, race, gender, disability and age.

   (2)   DHCD shall prepare and submit to City Council within sixty (60) days of the end of each calendar quarter, quarterly financial reports consisting of the financial information produced and maintained by DHCD in the normal course of its operations, presented in the form utilized by DHCD.

   (3)   DHCD shall prepare and submit to City Council within sixty (60) days of the end of each calendar quarter a report on affirmative action and equal opportunity on programs and activities funded in whole or in part from any Final Consolidated Plan. The report shall contain the following information and such other information as may be requested by the Council President or his/her designee:

      (a)   A summary report of preservation programs by program and Council district, indicating the amount of each project; the status of each contractor as majority, minority, women and disabled owned business; whether the contractor is located within or outside the City of Philadelphia; the total number of persons employed by each contractor on each project; and the number and percentage (relative to total persons employed on the project by the contractor) of minority, female, and disabled employees employed by each contractor on each project.

      (b)   A summary report of production programs, by program and Council district, indicating the amount of each project; the status of each contractor as majority, minority, women and disabled owned business; whether the contractor is located within or outside the City of Philadelphia; the total number of persons employed by each contractor on each project; and the number and percentage (relative to total persons employed on the project by the contractor) of minority, female, and disabled employees employed by each contractor on each project.

      (c)   A summary report of professional service contracts, listing the contracts and amounts indicating the status of each contractor as majority, minority, women and disabled owned business; whether the contractor is located within or outside the City of Philadelphia; the total number of persons employed on each service contract; and the number and percentage (relative to total persons employed on the service contract) of minority, female, and disabled employees employed on each service contract.

      (d)   An aggregate summary of the information required by subsections (a) through (c).

   (4)   All documents and reports, including the Preliminary, Proposed and Final Consolidated Plan, shall be provided to Council by DHCD in hard copy and searchable electronic form.

 

Notes

36	Amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.

§ 21-1107. Information Available to the Public. 37

   (1)   Information from the files of the DHCD shall be provided to the public consistent with the Pennsylvania Right to Know Act, the Federal Freedom of Information Act, and any provision of 24 C.F.R., Part 91, as amended.

   (2)   DHCD shall make a reasonable number of copies available free of charge of the Preliminary Consolidated Plan, the Proposed Consolidated Plan, the Final Consolidated Plan, the Consolidated Annual Performance Evaluation Report (CAPER) (required pursuant to 24 C.F.R., Part 91), and all reports required under this Chapter, and shall post all such documents on its official website.

 

Notes

37	Amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.

§ 21-1108. Economic Development. 38

   (1)   It shall be the policy of the City of Philadelphia to require the recipients of funds included in any Final Consolidated Plan used for economic development, including Commercial and Industrial development, to directly create or retain jobs for persons who are of very low, low or moderate income. Emphasis shall be given to spend these funds in very low, low and moderate income areas.

   (2)   At least five percent (5%) of the annual federal Community Development Block Grant allocation received by the City of Philadelphia shall be allocated to economic development programs administered by community development corporations.

   (3)   To insure compliance with the policy set forth above, DHCD shall require all recipients of funds included in any Final Consolidated Plan used for economic development to submit annual reports for two years following the disbursement of program funds. The recipients' reports shall indicate the name, address or principal residence, and income of each person employed.

   (4)   DHCD is authorized to verify the accuracy of the recipient's annual reports at any time by inspection of the recipient's records or any other reasonable method necessary for verification.

   (5)   To insure the privacy of employees hired through the use of funds included in any Final Consolidated Plan, all recipient records required by this Section shall be confidential. Names of individual employees shall be made available to DHCD personnel only for the purpose of verification and inspection of recipient records. Any record containing identification of employees by name and/or Social Security number is expressly exempt from the public information requirements of Section 21-1107.

 

Notes

38	Amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.

§ 21-1109. Workforce Housing. 39

   (1)   Definitions. The following definitions apply to this Section:

      Workforce Housing. Affordable housing for households earning up to one hundred twenty percent (120%) of area median income (AMI).

   (2)   Workforce housing programs undertaken with funds governed by Chapter 21-1100, including, but not limited to homeownership, rental, and purchase assistance, shall provide for a preference for qualified City of Philadelphia employees. The Department may establish other legal preferences that further the goals of workforce housing programs.

   (3)   The Department is authorized to promulgate regulations governing the manner in which municipal employees and other preferences shall be applied within its workforce housing programs.

 

Notes

39	Added and former Section 21-1109 renumbered as Section 21-1110, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.

§ 21-1110. Administrative Costs. 40

   (1)   Subject to subsection (2), no more than fifteen percent (15%) of any year's Federal Community Development Block Grant allocation may be spent on administrative costs of DHCD and/or its Major Delegate Agencies. For purposes of this Section, "Major Delegate Agencies" shall refer to the Redevelopment Authority of the City of Philadelphia, Philadelphia Housing Development Corporation, and the Philadelphia Industrial Development Corporation.

   (2)   Upon demonstration of special needs, the Council may grant an exemption in its approval of the Consolidated Plan from the fifteen percent (15%) limitation contained in subsection (1) where such limitation is unduly burdensome.

 

Notes

40	Renumbered and amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.

§ 21-1111. Rules and Regulations. 41

   DHCD is authorized to establish and enforce reasonable rules and regulations necessary to promote compliance with the provisions of this Chapter.

 

Notes

41	Renumbered and amended, Bill No. 220186 (approved May 24, 2022), effective July 23, 2022.