HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - PUBLIC HEARING AND RESOLUTION 2020-042 AMENDING THAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY May 5, 2020
City Council
STAFF
Beth Rosen, Affordable Housing Program Administrator
Ryan Malarky, Legal
SUBJECT
Public Hearing and Resolution 2020- 042, Amending the Citizen Participation Plan Pursuant to the U.S.
Department of Housing and Urban Development Waiver Memorandum Relating to COVID-19 Response
Funds.
EXECUTIVE SUMMARY
This item is presented to Council because it meets the following priorities: (1) urgent items specifically related
to COVID-19 activities that are critical in nature and must receive Council consideration as soon as possible;
(6) items that relate to funding, operation and business activities that the City must continue despite the current
crisis; and (7) items that are required to comply with federal or state legal or other requirements.
The purpose of this item is to amend the Citizen Participation Plan (CPP), a document required by the
Department of Housing and Urban Development (HUD) which outlines how the City will receive citizen input
related to the use of HUD funded activities. Specifically, this amendment allows for reduced public comment
periods and remote public meetings to allow for expedited deployment of HUD disaster and emergency funds,
when such regulations are waived by HUD.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City receives annual funding allocations from the Department of Housing & Urban Development (HUD)
under the Community Development Block Grant (CDBG) program and the HOME Investment Partnership
program (HOME). As a condition of receiving funding, local jurisdictions must develop a Citizen Participation
Plan (CPP) which outlines how they will engage stakeholders and the public regarding community needs and
planned use of funds. These plans include statutory requirements related to providing the public with adequate
time to review and comment on HUD-related plans and reports, as well as provide comment at public hearings.
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed in to
law. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-
CV) funds. Of this amount, HUD immediately allocated $2 billion based on the fiscal year 2020 CDBG formula.
On April 2, 2020, HUD notified the City of its CARES Act allocation in the amount of $649,203.
On March 30, 2020, HUD issued a Memorandum regarding Availability of Waivers of Community Planning and
Development (CPD) Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19
and Mitigate Economic Impacts Caused by COVID-19, referred to as the “Mega Waiver.” This included
waivers to regulatory requirements for 30-day Public Comment Periods related to Amendments to the
Consolidated Plan and Annual Action Plan, as well as additional flexibility related to receiving citizen input,
such as allowing for remote public meetings. (Attachment 1)
Agenda Item 12
Item # 12 Page 2
The City is required to amend its CPP and submit to HUD, along with a waiver request, prior to amending its
2019 Annual Action Plan, which is necessary to spend the CDBG-CV funds. Staff is currently working on a
coordinated effort to identify priority needs and uses for this critical funding. This amended CPP will allow for a
5-day public comment period and remote public hearings as part of the process for submitting CDBG-CV
funding recommendations to Council. (Attachment 2)
CITY FINANCIAL IMPACTS
Amending the CPP will facilitate quicker access to and deployment of the City’s CDBG allocation for COVID-19
response and recovery.
PUBLIC OUTREACH
Pursuant to the “Mega Waiver”, the draft amended CPP was posted on the City website with notice that the
May 5, 2020 Council meeting would serve as the public hearing.
ATTACHMENTS
1. HUD Mega Waiver (PDF)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
OFFICE OF COMMUNITY PLANNING
AND DEVELOPMENT
www.hud.gov espanol.hud.gov
MEMORADUM FOR: All Community Planning and Development Field Office Directors,
Deputy Directors and Program Managers
FROM: John Gibbs, Assistant Secretary, Acting, D
SUBJECT: Availability of Waivers of Community Planning and Development
(CPD) Grant Program and Consolidated Plan Requirements to
Prevent the Spread of COVID-19 and Mitigate Economic Impacts
Caused by COVID-19
PURPOSE
This memorandum explains the availability of waivers of certain regulatory requirements
associated with several CPD grant programs to prevent the spread of COVID-19 and to facilitate
assistance to eligible communities and households economically impacted by COVID-19. This
memorandum covers waivers of consolidated plan requirements for all CPD formula programs and
program-specific waivers for the following CPD programs:
Housing Opportunities for Persons with AIDS (HOPWA);
Emergency Solutions Grant (ESG); and
Continuum of Care (CoC).
This memorandum also announces a simplified notification process for recipients of these
programs to use this waiver flexibility to expedite the delivery of assistance. CPD Field Office
Directors, Deputy Directors, and Program Managers are instructed to inform CPD recipients
operating within their jurisdictions of the content of this memorandum.
NOTIFICATION PROCESS
Recipients may use the waivers described in this memorandum to assist affected CPD
program beneficiaries and CPD program eligible households to prevent the spread of COVID-19
and to mitigate against the economic impact caused by COVID-19 for eligible households. To use
the waiver flexibility provided in this memorandum, the recipient must provide notification in
writing, either through mail or e-mail, to the CPD Director of the HUD Field Office serving its
jurisdiction no less than two days before the recipient anticipates using the waiver flexibility.
Further directions on notifying HUD can be found in Attachment #1.
WAIVER AUTHORITY
In December 2019, a new coronavirus known as SARS-CoV-2 was first detected in Wuhan,
Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID-
ATTACHMENT 1
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19 that has now spread globally. The first case was reported in the United States in January 2020.
In March 2020, the World Health Organization declared the coronavirus outbreak a pandemic and
President Trump declared the outbreak a national emergency. During this time, the majority of
states have declared states of emergency with most shutting down large gathering places and
limiting the movement of their residents. As a consequence, many CPD recipients are facing
challenges in ensuring appropriate shelter options are available for program participants who need
to be separated from others because they are exhibiting symptoms, training staff on how to safely
work with program participants and prevent spreading the virus, obtaining supplies to prevent the
spread of the virus, and maintaining necessary staffing levels during the outbreak. Further, many
program participants are suffering economic consequences from the mass shutdown of businesses
and lack of availability of traditional mainstream benefits. A number of recipients have inquired
about the availability of waivers of various CPD program requirements to facilitate assistance to
program participants and prevent the spread of the virus.
In accordance with 24 CFR 5.110, HUD may, upon a determination of good cause and
subject to statutory limitations, waive regulatory provisions. Additional regulatory waiver authority
is provided in 24 CFR 91.600. These regulatory provisions provide HUD the authority to make
waiver determinations for the ESG, CoC, and HOPWA Programs and consolidated planning
requirements for all CPD formula programs.
WAIVER AVAILABILITY
To provide additional flexibility to communities to prevent the spread of COVID-19 and
better assist individuals and families, including those experiencing homelessness infected with the
virus or economically impacted by the virus, I hereby find good cause to provide the regulatory
waivers below. To use each waiver, each recipient must follow the notification process described
above and update its program records to include written documentation of the specific conditions
that justify the recipient’s use of the waiver, consistent with the justifications and applicability
provisions below. Provisions that are not specifically waived remain in full effect.
CONTINUUM OF CARE PROGRAM
1. Fair Market Rent for Individual Units and Leasing Costs
Requirement: Rent payments for individual units with leasing dollars may not exceed Fair
Market Rent (FMR).
Citation: 24 CFR 578.49(b)(2)
Explanation: The CoC Program regulation at 24 CFR 578.49(b)(2) prohibits a recipient
from using grant funds for leasing to pay above FMR when leasing
individual units, even if the rent is reasonable when compared to other
similar, unassisted units.
Justification: Waiving the limit on using grant leasing funds to pay above FMR for
individual units above FMR, but not greater than the reasonable rent will
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assist recipients in locating additional units to house individuals and families
experiencing homelessness and reduce the spread and harm of COVID-19.
Applicability: The FMR restriction is waived for any lease executed by a recipient or
subrecipient to provide transitional or permanent supportive housing during
the 6-month period beginning on the date of this memorandum. The affected
recipient or subrecipient must still ensure that rent paid for individual units
that are leased with CoC Program leasing dollars meet the rent
reasonableness standard in 24 CFR 578.49(b)(2).
2. Disability Documentation for Permanent Supportive Housing (PSH)
Requirement: A recipient providing PSH must serve individual and families where one
member of the household has a qualifying disability (for dedicated projects
and DedicatedPlus projects that individual must be the head of household).
Further, the recipient must document a qualifying disability of one of the
household members. When documentation of disability is the intake
worker’s observation, the regulation requires the recipient to obtain
additional confirming evidence within 45 days.
Citation: 24 CFR 578.103(a) and 24 CFR 578.103(a)(4)(i)(B)
Explanation: 24 CFR 578.103(a) requires recipients to maintain records providing
evidence they met program requirements and 24 CFR 578.103(a)(4)(i)(B)
establishes the requirements for documenting disability for individuals and
families that meet the “chronically homeless” definition in 24 CFR 578.3.
Acceptable evidence of disability includes intake-staff recorded observations
of disability that, no later than 45 days from the application for assistance, is
confirmed and accompanied by evidence in paragraphs
24 CFR 578.103(a)(4)(i)(B)(1), (2), (3), or (5). HUD is waiving the
requirement to obtain additional evidence.
Justification: Waiving 24 CFR 578.103(a)(4)(i)(B)(4) as specified below will allow
recipients to house people by relying on intake staff-recorded observation of
disability while providing recipients’ intake staff with additional time to
confirm the disability. This will help households with observed disabilities
to be housed quickly and obtain the necessary documentation once
healthcare workers are no longer inundated by COVID-19 responses.
Applicability: The requirement that intake staff-recorded observation of disability be
confirmed and accompanied by other evidence no later than 45 days from the
application for assistance documentation requirement is waived for any
program participants admitted into PSH funded by the CoC Program for the
6-month period beginning on the date of this memorandum.
Note: For the purposes of individuals and families housed in PSH from the date of
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this memorandum until public health officials determine no additional
special measures are necessary to prevent the spread of COVID-19, a written
certification by the individual seeking assistance that they have a qualifying
disability is considered acceptable documentation approved by HUD under
24 CFR 578.103(a)(4)(i)(B)(5).
3. Limit on Eligible Housing Search and Counseling Services
Requirement: With respect to program participant’s debts, 24 CFR 578.53(ed)(8)(ii)(B)
only allows the costs of credit counseling, accessing a free personal credit
report, and resolving personal credit issues. 24 CFR 578.53(d) limits the use
of CoC Program funds for providing services to only those costs listed in the
interim rule.
Citation: 24 CFR 578.53(e)(8)(ii)(B) and 578.53(d)
Explanation: 24 CFR 578.53(e)(8) allows recipients and subrecipients to use CoC funds to
pay for housing search and counseling services to help eligible program
participants locate, obtain, and retain suitable housing. For program
participants whose debt problems make it difficult to obtain housing,
24 CFR 578.53(e)(8)(ii)(B) makes eligible the costs of credit counseling,
accessing a free personal credit report, and resolving personal credit issues.
However, payment of rental or utility arrears is not included as an eligible
cost. 24 CFR 578.53(d) limits eligible supportive service costs to those
explicitly listed in 24 CFR 578.53(e), which is a more limited list than is
eligible under the McKinney-Vento Act.
Justification: Waiving the limitation of housing search and counseling eligible activities to
allow recipients and subrecipients to pay for up to 6 months of rental arrears
and 6 months of utility arrears will help recipients and subrecipients remove
barriers to obtaining housing quickly and help reduce the spread and harm of
COVID-19.
Applicability: The limitation on eligible housing search and counseling activities is waived
so that CoC Program funds may be used for up to 6 months of a program
participant’s utility arrears and up to 6 months of program participant’s rent
arrears, when those arrears make it difficult to obtain housing. This waiver
is in effect one-year beginning on the date of this memorandum.
4. Permanent Housing-Rapid Re-housing Monthly Case Management
Requirement: Recipients must require program participants of permanent housing – rapid
re-housing projects to meet with a case manager at least monthly.
Citation: 24 CFR 578.37(a)(1)(ii)(F)
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Explanation: The CoC Program interim rule at 24 CFR 578.37(a)(1)(ii)(F) requires
program participants to meet with a case manager not less than once per
month to assist them in ensuring long-term housing stability. The project is
exempt from this requirement already if the Violence Against Women Act of
1994 (42 U.S.C. 13925 et seq.) or the Family Violence Prevention and
Services Act (42 U.S.C. 10401 et seq.) prohibits the recipient carrying out
the project from making its housing conditional on the participant's
acceptance of services.
Justification: Recipients are reporting limited staff capacity as staff members are home for
a variety of reasons related to COVID-19 (e.g., quarantining, children home
from school, working elsewhere in the community to manage the COVID-19
response). In addition, not all program participants have capacity to meet via
phone or internet. Waiving the monthly case management requirement as
specified below will allow recipients to provide case management on an as-
needed basis and reduce the possible spread and harm of COVID-19.
Applicability: This requirement in 24 CFR 578.37(a)(1)(ii)(F) that projects require program
participants to meet with case mangers not less than once per month is
waived for all permanent housing- rapid re-housing projects for two months
beginning on the date of this memorandum.
5. Housing Quality Standards (HQS) – Initial Physical Inspection of Unit
Requirement: Recipients are required to physically inspect any unit supported with leasing
or rental assistance funds to assure that the unit meets housing quality
standards (HQS) before any assistance will be provided on behalf of a
program participant.
Citation: 24 CFR 578.75(b)(1)
Explanation: 24 CFR 578.75(b)(1) requires that recipients or subrecipients physically
inspect each unit to assure that it meets HQS before any assistance will be
provided for that unit on behalf of a program participant.
Justification: Waiving the physical initial inspection requirement 24 CFR 578.75(b)(1) as
specified below will allow recipients to help prevent the spread of COVID-
19.
Applicability: This waiver of the requirement in 24 CFR 578.75(b)(1) that the recipient or
subrecipient physically inspect each unit to assure that the unit meets HQS
before providing assistance on behalf of a program participant is in effect for
6-months beginning on the date of this memorandum for recipients and
subrecipients that are able to meet the following criteria:
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a. The recipient is able to visually inspect the unit using technology,
such as video streaming, to ensure the unit meets HQS before any
assistance is provided; and
b. The recipient or subrecipient has written policies to physically re-
inspect the unit within 3 months after the health officials determine
special measures to prevent the spread of COVID-19 are no longer
necessary.
6. HQS – Re-Inspection of Units
Requirement: Recipients or subrecipients must inspect all units for which leasing or rental
assistance funds are used, at least annually to ensure they continue to meet
HQS.
Citation: 24 CFR 578.75(b)(2)
Explanation: 24 CFR 578.75(b)(2) requires that recipients or subrecipients are required to
inspect all units supported by leasing or rental assistance funding under the
CoC Program at least annually during the grant period to ensure the units
continue to meet HQS.
Justification: Waiving the annual re-inspection 24 CFR 578.75(b)(2) requirement during
this public health crisis as specified below will help allow recipients to
prevent the spread of COVID-19.
.
Applicability: This requirement in 24 CFR 578(b)(2) is waived for 1-year beginning on the
date of this memorandum.
7. One-Year Lease Requirement
Requirement: Program participants residing in PSH must be the tenant on a lease for a
term of at least one year that is renewable and terminable for cause.
Citation: 24 CFR 578.3, definition of permanent housing, 24 CFR 578.51(l)(1)
Explanation: The CoC Program regulation at 24 CFR 578.3, definition of permanent
housing, and 24 CFR 578.51(l)(1) requires program participants residing in
permanent housing to be the tenant on a lease for a term of one year that is
renewable and terminable for cause.
Justification: Waiving the one-year lease requirement as specified below will allow
recipients to more quickly identify permanent housing for individuals
and families experiencing homelessness, which is helpful in preventing the
spread of COVID-19.
Applicability: The one-year lease requirement is waived for six-months beginning on the
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date of this memorandum, so long as the initial lease term of all leases is for
more than one month.
CONSOLIDATED PLAN REQUIREMENTS
8. Citizen Participation Public Comment Period for Consolidated Plan Amendment
Requirement: 30-day Public Comment Period.
Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR
91.401
Explanation: A CPD grantee may amend an approved consolidated plan in accordance
with 24 CFR 91.505. Substantial amendments to the consolidated plan are
subject to the citizen participation process in the grantee’s citizen
participation plan. The citizen participation plan must provide citizens with
30 days to comment on substantial amendments.
Justification: Given the need to expedite actions to respond to COVID-19, HUD waives
24 CFR 91.105(c)(2) and (k), 91.115(c)(2) and (i) as specified below, in
order to balance the need to respond quickly to the growing spread and
effects of COVID-19 with the statutory requirement to provide reasonable
notice and opportunity for citizens to comment on substantial amendments
concerning the proposed uses of CDBG, HOME, HTF, HOPWA or ESG
funds.
Applicability: This 30-day minimum for the required public comment period is waived for
substantial amendments, provided that no less than 5 days are provided for
public comments on each substantial amendment. The waiver is available
through the end of the recipient’s 2020 program year. Any recipient wishing
to undertake further amendments to prior year plans following the 2020
program year can do so during the development of its FY 2021 Annual
Action Plan.
9. Citizen Participation Reasonable Notice and Opportunity to Comment
Requirement: Reasonable Notice and Opportunity to Comment.
Citations: 24 CFR 91.105(c)(2) and (k), 24 CFR 91.115(c)(2) and (i) and 24 CFR
91.401
Explanation: As noted above, the regulations at 24 CFR 91.105 (for local governments)
and 91.115 (for States) set forth the citizen participation plan requirements
for recipients. For substantial amendments to the consolidated plan, the
regulations require the recipient to follow its citizen participation plan to
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provide citizens with reasonable notice and opportunity to comment. The
citizen participation plan must state how reasonable notice and opportunity
to comment will be given.
Justification: HUD recognizes the efforts to contain COVID-19 require limiting public
gatherings, such as those often used to obtain citizen participation, and that
there is a need to respond quickly to the growing spread and effects of
COVID-19. Therefore, HUD waives 24 CFR 91.105(c)(2) and (k), 24 CFR
91.115(c)(2) and (i) and 24 CFR 91.401 as specified below to allow these
grantees to determine what constitutes reasonable notice and opportunity to
comment given their circumstances.
Applicability: This authority is in effect through the end of the 2020 program year.
EMERGENCY SOLUTIONS GRANTS PROGRAM
10. HMIS Lead Activities
Requirement: ESG funds may be used to pay the costs of managing and operating the
HMIS, provided that the ESG recipient is the HMIS Lead.
Citation: 24 CFR 576.107(a)(2)
Explanation: To enable ESG-funded projects to participate in HMIS as required by section
416(f) of the McKinney-Vento Homeless Assistance Act,
24 CFR 576.107(a)(2) authorizes the use of ESG funds for managing and
operating the HMIS (e.g., hosting and maintaining HMIS software or data,
upgrading, customizing, and enhancing the HMIS), only where the ESG
recipient is the HMIS Lead, as designated by the CoC.
Justification: Waiving the rule as specified below would allow more recipients to use ESG
funding to upgrade or enhance the HMIS as needed to incorporate ESG
program data related to COVID-19.
Applicability: The condition that the recipient must be the HMIS Lead to pay costs under
24 CFR 576.102(a)(2) is waived to the extent necessary to allow any
recipient to use ESG funds to pay costs of upgrading or enhancing its local
HMIS to incorporate data on ESG Program participants and ESG activities
related to COVID-19. This waiver is in effect for 6-months beginning on the
date of this memorandum.
11. Re-evaluations for Homelessness Prevention Assistance
Requirement: Homelessness prevention assistance is subject to re-evaluation of each
program participant’s eligibility need for assistance not less than once every
3 months.
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Citation: 24 CFR 576.401(b)
Explanation: The ESG regulations at 24 CFR 576.401(b) requires recipients or
subrecipients providing homelessness prevention assistance to re-evaluate
the program participant’s eligibility, and the types and amounts of assistance
the program participant needs not less than once every 3 months.
Justification: Waiving re-evaluation requirement for homelessness prevention assistance
as specified below is necessary to help program participants remain stable in
housing during the economic uncertainty caused by COVID-19.
Applicability: The required frequency of re-evaluations for homelessness prevention
assistance under section 576.401(b) is waived for up to 2-years beginning
on the date of this memorandum, so long as the recipient or subrecipient
conducts the required re-evaluations not less than once every 6 months.
12. Housing Stability Case Management
Requirement: Program participants receiving homelessness prevention or rapid re-housing
assistance must meet with a case manager not less than once per month,
unless certain statutory prohibitions apply.
Citation: 24 CFR 576.401(e)
Explanation: Under 24 CFR 576.401(e), the recipients or subrecipients must require
program participants to meet with a case manager not less than once per
month to assist them in ensuring long-term housing stability, unless the
Violence Against Women Act of 1994 or Family Violence Prevention and
Services Act prohibits the recipient or subrecipient from making its shelter or
housing conditional on the participant's acceptance of services.
Justification: Recipients are reporting limited staff capacity as staff members are home for
a variety of reasons related to COVID-19 (e.g., quarantining, children home
from school, working elsewhere in the community to manage the COVID-19
response). In addition, not all program participants have capacity to meet via
phone or internet. Waiving the monthly case management requirement as
specified below will allow recipients to provide case management on an as
needed basis and reduce the possible spread and harm of COVID-19.
Applicability: This waiver is in effect for two months beginning on the date of this
memorandum.
13. Restriction of Rental Assistance to Units with Rent at or Below FMR
Requirement: Restriction of rental assistance to units with rent at or below FMR.
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Citation: 24 CFR 576.106(d)(1)
Explanation: Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the
total rent is equal to or less than the FMR established by HUD, as provided
under 24 CFR Part 888, and complies with HUD’s standard of rent
reasonableness, as established under 24 CFR 982.507.
Justification: Quickly moving people into permanent housing is especially critical in
preventing the spread of COVID-19. Waiving the limit on rental assistance
to rents that are equal to or less than the FMR, established by HUD, will
assist recipients and subrecipients in more quickly locating additional units
to house individuals and families experiencing homelessness.
Applicability: The FMR restriction is waived for any individual or family receiving Rapid
Re-housing or Homelessness Prevention assistance who executes a lease for
a unit during the 6-month period beginning on the date of this memorandum.
The ESG recipient or subrecipient must still ensure that the units in which
ESG assistance is provided to these individuals and families meet the rent
reasonableness standard.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
14. HOPWA – Self-Certification of Income and Credible Information on HIV Status
Requirement: Source Documentation for Income and HIV Status Determinations.
Citation: 24 CFR 574.530, Recordkeeping
Explanation: Each grantee must maintain records to document compliance with
HOPWA requirements, which includes determining the eligibility of a
family to receive HOPWA assistance.
Justification: This waiver will permit HOPWA grantees and project sponsors to rely
upon a family member’s self-certification of income and credible
information on their HIV status (such as knowledge of their HIV-related
medical care) in lieu of source documentation to determine eligibility for
HOPWA assistance of families and grantees affected by COVID-19.
Applicability: Eligibility is restricted to a low-income person who is living with
HIV/AIDS and the family of such person. This waiver is in effect for
recipients who require written certification of the household seeking
assistance of their HIV status and income, and agree to obtain source
documentation of HIV status and income eligibility within 3 months of
public health officials determining no additional special measures are
necessary to prevent the spread of COVID-19.
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15. HOPWA – FMR Rent Standard
Requirement: Rent Standard for Tenant-Based Rental Assistance (TBRA).
Citation: 24 CFR 574.320(a)(2), Rent Standard
Explanation: Grantees must establish rent standards for their tenant-based rental
assistance programs based on FMR (Fair Market Rent) or the HUD-
approved community-wide exception rent for unit size. Generally, the
TBRA payment may not exceed the difference between the rent standard
and 30 percent of the family's adjusted income.
Justification: This waiver of the FMR rent standard limit permits HOPWA grantees to
establish rent standards, by unit size, that are reasonable, and based upon
rents being charged for comparable unassisted units in the area, taking
into account the location, size, type, quality, amenities, facilities,
management and maintenance of each unit. Grantees, however, are
required to ensure the reasonableness of rent charged for a unit in
accordance with §574.320(a)(3).
This waiver is required to expedite efforts to identify suitable housing
units for rent to HOPWA beneficiaries and HOPWA-eligible families
that have been affected by COVID-19, and to provide assistance to
families that must rent units at rates that exceed the HOPWA grantee's
normal rent standard as calculated in accordance with §574.320(a)(2).
Applicability: Such rent standards may be used for up to one year beginning on the date
of this memorandum.
16. HOPWA – Property Standards for TBRA
Requirement: Property Standards for Tenant-Based Rental Assistance (TBRA)
Citation: 24 CFR 574.310(b), Housing Quality Standards
Explanation: This section of the HOPWA regulations provides that units occupied by
recipients of HOPWA TBRA meet the Housing Quality Standards (HQS)
established in this section.
Justification: This waiver is required to enable grantees and project sponsors to
expeditiously meet the critical housing needs of the many eligible
families that have been affected by COVID-19 while also minimizing
the spread of the coronavirus.
Applicability: This waiver is in effect for one year beginning on the date of this
memorandum for recipients and project sponsors that are able to meet the
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following criteria:
a. The recipient or project sponsor is able to visually inspect the unit
using technology, such as video streaming, to ensure the unit meets
HQS before any assistance is provided; and
b. The recipient or subrecipient has written policies to physically re-
inspect the unit after the health officials determine special
measures to prevent the spread of COVID-19 are no longer
necessary.
17. HOPWA Space and Security
Requirement: Adequate Space and Security.
Citation: 24 CFR 574.310(b)(2)(iii), Space and security
Explanation: This section of the HOPWA regulations provide that each resident must
be afforded adequate space and security for themselves and their
belongings.
Justification: This waiver is required to enable grantees and project sponsors operating
housing facilities and shared housing arrangements the flexibility to use
optional appropriate spaces for quarantine services of eligible households
affected by COVID-19. Optional spaces may include the placement of
families in a hotel/motel room where family members may be required to
utilize the same space not allowing for adequate space and security for
themselves and their belongings.
Applicability: This space and security requirement is waived for grantees addressing
appropriate quarantine space for affected eligible households during the
allotted quarantined time frame recommended by local health care
professionals.
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Attachment #1 to Memorandum:
Procedure for Using Available Waivers of Program and Consolidated Plan Requirements to
Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19
This attachment provides further information on the process that grantees must follow to use the
waiver flexibility provided in the memorandum.
Grantees must mail or email notification to the Community Planning and Development Director of
the HUD Field Office serving the grantee.
The mail or email notification must be sent two days before the grantee anticipates using waiver
flexibility, and include the following details:
Requestor’s name, title, and contact information;
Declared-disaster area(s) where the waivers will be used;
Date on which the grantee anticipates first use of the waiver flexibility; and
A list of the waiver flexibilities the grantee will use:
1. CoC Program - Fair Market Rent for Individual Units and Leasing Costs
2. CoC Program - Disability Documentation for Permanent Supportive
Housing (PSH)
3. CoC Program – Limit on Eligible Housing Search and Counseling
Services
4. CoC Program - Permanent Housing-Rapid Re-housing Monthly Case
Management
5. CoC Program - Housing Quality Standards (HQS) – Initial Physical
Inspection of Unit
6. CoC Program - HQS – Re-Inspection of Units
7. CoC Program – One-Year Lease Requirement
8. Consolidated Planning Requirements – HOME, CDBG, HTF, ESG, and
HOPWA Programs – Citizen Participation Public Comment Period for
Consolidated Plan Amendment
9. Consolidated Planning Requirements – HOME, CDBG, HTF, ESG, and
HOPWA Programs – Citizen Participation Reasonable Notice and
Opportunity to Comment
10. ESG Program - HMIS Lead Activities
11. ESG Program - Re-evaluations for Homelessness Prevention Assistance
12. ESG Program - Housing Stability Case Management
13. ESG Program - Restriction of Rental Assistance to Units with Rent at or
Below FMR
14. HOPWA Program – Self-Certification of Income and Credible Information
on HIV Status
15. HOPWA Program – FMR Rent Standard
16. HOPWA Program – Property Standards for TBRA
17. HOPWA Program - Space and Security
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RESOLUTION 2020-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITIZEN PARTICIPATION PLAN
PURSUANT TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT WAIVER MEMORANDUM
RELATING TO COVID-19 RESPONSE FUNDS
WHEREAS, the National Affordable Housing Act requires that local governments have
certain plans in place, approved by the U.S. Department of Housing and Urban Development
(“HUD”) to remain eligible for certain federal grant programs, including the Community
Development Block Grant program (“CDBG”) and the Home Investment Partnerships program
(“HOME”); and
WHEREAS, in 2015, City Council approved a Citizen Participation Plan (“CPP”) as part
of its adoption of the 2015-2019 Five-Year Consolidated Plan, which identifies community
needs and service gaps, and defines a course of action and priorities for the City’s expenditures
of anticipated federal funding; and
WHEREAS, the CPP is required by HUD and outlines how the City will receive citizen
and stakeholder input on community needs and the City’s use of HUD-funded activities; and
WHEREAS, the City’s CPP conforms to federal requirements regarding the amount of
time that must be allowed to the public to review and comment on City use of HUD funds; and
WHEREAS, on March 27, 2020, the Coronavirus Aid, Relief, and Economic Security
Act (“CARES Act”) was signed into law, making available $5 billion in CDBG-Coronavirus
(“CDBG-CV”) funds; and
WHEREAS, on April 2, 2020, HUD notified the City that HUD allocated $649,203 in
CDBG-CV funds to the City; and
WHEREAS, on March 30, 2020, HUD issued a memorandum regarding the availability
of waivers of requirements contained in its Community Planning and Development Grant
Program and Consolidated Plan Requirements, as part of an effort to expedite the distribution of
funds to communities to prevent the spread of COVID-19 and mitigate its economic impacts; and
WHEREAS, the memorandum includes waivers of regulatory requirements for 30-day
public comment periods on amendments to the City’s Consolidated Plan and its Annual Action
Plan (“AAP”), which establishes the use of CDBG funds on an annual basis; and
WHEREAS, the memorandum also allows for flexibility in the method of receiving
public input, including allowing remote public meetings; and
WHEREAS, the City must amend its CPP and submit the same to HUD along with a
waiver request, prior to amending its 2019 AAP, which is necessary to spend the CDBG-CV
funds; and
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WHEREAS, the amendments to the CPP will allow for a five day public comment period
and will permit remote public meetings and hearings as part of the process for submitting
CDBG-CV funding recommendations to City Council; and
WHEREAS, a copy of the proposed amended CPP is attached hereto and incorporated
herein by reference as Exhibit “A;” and
WHEREAS, the City Council has determined that adoption of the amended CPP is in the
best interests of the City and promotes the health, safety and general welfare of City residents by
expediting the use of CDBG-CV funds to respond to the COVID-19 pandemic.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That in light of the foregoing, the City Council hereby adopts the amended
Citizen Participation Plan, attached as Exhibit “A”.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins
this 5th day of May, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
CITIZEN PARTICIPATION PLAN
(for HUD’s* five federal planning and reporting activities)
May 5, 2020
City of Fort Collins Colorado
Social Sustainability Department
P. O. Box 580
Fort Collins CO 80522-0580
fcgov.com/socialsustainability
* U.S. Department of Housing and Urban Development
EXHIBIT A
2
Table of Contents
I. Introduction 4
II. Plan Overview and Emphasis 4
III. General Guidelines and Standards for Public Participation 5
Standards for Distribution and Access 5
Reasonable and Special Accommodations 6
Overall Citizen Participation Standards 6
Review Periods 6
Public Hearings 7
Notices for Meetings, Public Hearings and
Review Periods 8
IV. Additional Guidelines and Information for HUD’s
Five Planning and Reporting Activities 8
Five-Year Strategic (Consolidated) Plan 8
Annual Action Plan 9
Amendments 9
Amendment Guidelines 9
Amendment Category Determination 10
Consolidated Annual Performance and
Evaluation Report 10
VI. Citizen Participation: Other Guidelines and Information 11
Interdepartmental Coordination and Cooperation 11
Document Retention 11
Technical Assistance 11
Complaint Procedures 11
Response Standards for Citizen Complaints 11
Complaint and Response Process 12
Funding Application Complaints 13
Discrimination Complaints 13
VII. Conclusion 13
VIII. Attachment A: Citizen Process Table 14
3
IX. Attachment B: Definitions 15
X. Attachment C: Anti-Displacement Policy 17
4
Introduction
The City of Fort Collins’ mission is to provide “exceptional service for an exceptional
community.” In support of its overall Strategic Plan—and to the greatest extent
possible—the City recognizes the importance of involving all community members in the
planning and decision-making process of government. The goal of this Citizen
Participation Plan is to fully integrate citizen input into the five planning and reporting
activities required to successfully manage the City’s current community development,
housing, and other future U.S. Department of Housing and Urban Development (HUD)
programs.
The five planning and reporting activities are:
• Five-Year Strategic (Consolidated) Plan;
• Annual Action Plans (AAP);
• Consolidated Annual Performance and Evaluation Reports (CAPER);
• Substantial Amendments to the Consolidated Plan or Annual Action Plans;
• Amendments to this Citizen Participation Plan.
Currently, the City of Fort Collins is the recipient of federal Community Development
Block Grant (CDBG) funds and HOME Investment Partnership Program (HOME) funds.
The Social Sustainability Department has primary responsibility for managing the citizen
participation process and the development, implementation and reporting of annual
accomplishments referenced in this Citizen Participation Plan. This plan also fulfills the
requirements of federal regulation, 24 CFR Part 91.105.
Plan Overview and Emphasis
At the highest level, the City of Fort Collins has an overarching goal of being a
sustainable community: environmentally, socially, and economically. Therefore, the City
intends that its programs and policies have the greatest community impact possible.
Effective and meaningful civic engagement is a strategy towards that goal. Specific to
this arena, Fort Collins will encourage those persons who are intended to directly
benefit from federal funds to participate in the formulation and implementation of
projects to be funded with those dollars. These community members may include:
minority residents or other persons in a legally protected class; those who do not speak
English (Limited English Proficiency or LEP); persons with disabilities; female heads of
households; and residents who identify themselves as low- and moderate-income.
Of particular emphasis—in addition to the organizations and agencies that serve low-
and moderate-income clients—is the participation of low- and moderate-income
persons and residents of Public Housing and assisted housing. Moreover, special efforts
will be made to include persons who are within one or more legally protected class
categories, or who have English language barriers, or who are language isolated.
5
Additionally, the City is committed to the meaningful public engagement of community
members who may be part of a special population (such as at-risk youth), or who are
considered to be in a federal Presumed Benefit category (such as persons experiencing
homelessness or those with HIV/AIDs).
The City will enlist nonprofit and community organizations, including faith-based groups,
resident associations, housing and human service agencies and other groups—as well as
businesses and developers—to assist the City with fully engaging residents in the
planning and implementation of its federal programs. In addition, the City will use
developing communications strategies and media to further this goal. Those avenues to
increase citizen input may include newsletters, news releases, web bulletins, social
media, email, or other print or electronic materials. Finally, the City will use
communications strategies which specifically address and connect with the unique
needs of sub-populations within our community (e.g., persons experiencing
homelessness, Spanish-speaking-only female heads of households).
This Citizen Participation Plan will be incorporated (by attachment or reference) into
every Five-Year Strategic (Consolidated) Plan, Annual Action Plans, and Consolidated
Annual Performance Reports.
General Guidelines and Standards for Public Participation
The Citizen Participation Table, which organizes important process information in
matrix form, is located in Attachment A. This Table is a quick reference tool, outlining all
requirements for each planning and reporting activity. Definitions are provided in
Attachment B.
Standards for Distribution and Access*
Public review and comments are welcome at any point in the process for the five
reporting and planning activities. The City will encourage citizen input by:
• Posting ADA- and Title VI-compliant notices in The Coloradoan, Fort Collins’
general circulation newspaper, in English and in Spanish;
• Posting notices through partner agencies serving persons in legally protected
classes, special populations, or Presumed Benefit categories (as determined by
HUD). The City’s Communications and Public Involvement Office’s (CPIO)
Multicultural/Diversity Contact database will be used as a reference. The notices
will be posted and shared by those community partners determined to be most
appropriate and effective, according to the Social Sustainability Department and
CPIO, or by request;
• Providing opportunities for interviews, surveys or focus groups, when
appropriate;
6
• Posting an electronic copy of the document on the City’s website (which is
compatible with web readers for the visually impaired and connected to Google
Translate); and
• Providing paper copies of documents at accessible locations, such as City offices
and public libraries and community centers (except in the event that a declared
emergency or disaster makes such action infeasible).
• Whenever possible, using specialized communications strategies to address the
needs of unique sub-populations (e.g., persons experiencing homelessness,
Spanish-speaking-only, female heads of households, etc.).
Reasonable and Special Accommodations*
• To the maximum extent feasible, copies of the five reporting and planning
activities documents will be made available in fully accessible locations.
• Public input will be solicited in fully accessible locations.
• Public meetings and public hearings will occur in fully accessible locations.
• Upon request, the City will provide materials in Braille, large print, in Spanish or
other languages as needed, or in a voice recording, at no cost to the requestor.
• The City’s TDD/TYY number is: 970-221-3490.
• Interpretation services will be made available where it is reasonably anticipated
there will be a significant number of non-English speaking residents in
attendance.
• City Council proceedings are available with Closed Captioning on the local
government cable channel (Channel 14).
• The City will also deliver a copy of any Plan, Amendment or Report to a
homebound person upon request.
• Reasonable notice for requests is usually considered to be 48 hours.
• Any content on the City of Fort Collins website may be immediately translated
into any one of 81 languages. The Google Translate feature is located in the
upper right section of the City’s Home page at: fcgov.com.
• Regulation 24 CFR Part 91.105 (b) (1) also requires that any HUD-funded project
or program that may displace residents describe how the City will assist those
displaced. The City’s current Anti-Displacement Policy is an attachment to this
document (Attachment C).
Overall Citizen Participation Standards
Review Periods
Thirty-day (30-day) Public Review Periods are federally required and specifically set
aside for public comments and input:
7
• For funding (federal and local) allocation recommendations prior to any final City
Council funding allocation decision;
• Prior to the submission of a Five-Year Strategic (Consolidated) Plan to City
Council for approval;
• Prior to the submission of an Annual Action Plan to HUD; and
• Prior to the submission of any Substantial Amendment for the Consolidated Plan,
an Annual Action Plan, and this Citizen Participation Plan.
A fifteen-day (15-day) Public Review Period is federally required and specifically set
aside for public comments and input:
• Prior to the submission of a Consolidated Annual Performance and Evaluation
Report (CAPER) to HUD.
Waiver of federally required public comment periods:
• When, due to designated disasters or emergencies, HUD issues federal waiver
guidance on the required minimum public review period, City staff will submit the
prepared waiver request and documentation in order to deploy funding as
expeditiously as possible.
For FY19 AAP amendments and actions required to respond to COVID-19, the minimum
public review period has been waived to allow for no less than 5 days for public
comment.
Public Hearings
A minimum of two (2) federally required public hearings are held each Program Year to
solicit citizen viewpoints and input. These public hearings are designed to ensure the
City follows its purposes and proposed goals, and fully integrates citizen input into the
corresponding documents in order to meet community needs. One public hearing will
be held for the purpose of soliciting viewpoints on community needs and the proposed
use of funds. The second public hearing will be held to assess how funds were spent
during the prior Program Year. To comply with regulations, the public hearings are held
at times and locations convenient to potential and or actual beneficiaries.
In addition, City Council holds a public hearing before making a final decision at the end
of each funding allocation process. City Council also holds public hearings before
adopting the Five-Year Strategic Plan or its Substantial Amendments, and Substantial
Amendments to the most recently adopted or amended Citizen Participation Plan.Public
hearings for each Annual Action Plan, or its Amendments, are held by the Social
Sustainability Department. Because the Consolidated Annual Performance and
Evaluation Report (CAPER) is a summary and report on the previous federal Program
Year’s performance, it does not include a public hearing as part of its process. Citizens
8
still have varied opportunities throughout the Public Review Period to express their
thoughts on the accuracy and content of that document.
All public hearing venues are in an accessible location. Interpretation services are made
available where it is reasonably anticipated that there will be a significant number of
non-English speaking residents in attendance.
When public health crises or other disaster response prohibits the City’s ability to hold
public meetings, City Council and/or Social Sustainability staff may elect to hold public
hearings via an online platform, with appropriate notice and opportunity for reasonable
accommodations and public comment.
Notices for Meetings, Public Hearings and Review Periods
At a minimum, notices for meetings, public hearings, and public review periods will be
posted according to General Guidelines and Standards for Citizen Participation.
Meetings
Notices of pending meetings are posted at the Fort Collins City Clerk’s office
in accordance with the Colorado Open Meetings Act. Additionally, they are also
posted on the City’s website. The notices include a summary of the content
included in the notice. Notices of pending meetings are posted at least 24 hours
prior to a meeting, both physically at City Hall, and on the City’s website. Notices
of a meeting cancellation or a special meeting are posted at least 24 hours in
advance of the change, both physically at City Hall, and on the City’s website.
Public Hearings
Whenever possible, notice of a public hearing will be published at least fifteen
(15) days* prior to the hearing, and never less than seven (7) days before a
hearing. Additionally, General Guidelines and Standards for Public Participation
will be followed. Those Guidelines and Standards in this document are intended
to facilitate maximum citizen awareness, and participation in the Hearing.
Public Review Periods
All notices for a public review period will be published at least one (1) day prior
to the commencement of the review period. Additionally, General Guidelines
and Standards for Public Participation will be followed.
Content in notices for public review periods will include the anticipated
Community Development Block Grant and HOME Investment Partnership
Program funding, any other HUD or City funding the City reasonably expects to
9
receive, how the funds are proposed to be allocated, and where further
information is available.
Waivers for Disaster Recover and Emergency Response
In the instance of disaster recovery or emergency response, the City will
implement HUD waiver guidance pertaining to public notices, public review
periods and public hearings in order to expeditiously deploy critical response
funds.
* According to 2014 HUD CPD technical assistance received by the City, the 15-day advance notice for
hearings is set out as a best practice by HUD, but is not required by regulation. The intent is to solicit
maximum citizen awareness and participation, as outlined in the remainder of the paragraph.
10
Additional Guidelines and Information for HUD’s
Five Planning and Reporting Activities
At a minimum, the City will follow standards outlined under General Guidelines and
Standards for Public Participation.
Five-Year Strategic (Consolidated) Plan
In order to receive an annual allocation of federal funds from the Department of
Housing and Urban Development (HUD), the City must submit a Five-Year Strategic
(Consolidated) Plan, which serves as the City’s strategic plan for five years, outlining
goals to be achieved with its federal funds.
To develop its Five-Year Strategic (Consolidated) Plan, the City may use a combination of
the services of a consultant, along with consultations with other agencies, public
hearings, and the solicitation of written comments, surveys, focus groups, and other
methods of public engagement. The City will also coordinate its Plan with the Fort
Collins Housing Authority for its Public Housing requirements.
Annual Action Plan
To implement the City’s five-year goals, an Annual Action Plan is also submitted to HUD
each year listing the location, cost, proposed outcome, and ancillary information related
to each project or program. Federal regulations require these funds be targeted to
where they provide the greatest benefit to residents designated to receive HUD
assistance, primarily the City’s low- and moderate-income residents.
Amendments
An amendment to the approved Five-Year Strategic (Consolidated) Plan will occur in the
following instances: when the City adds a new priority, project or program not
previously considered; decides not to carry out a project (activity) described in the Plan;
decides to carry out a project not previously described; or to substantially change the
purpose, scope, and/or location of beneficiaries of a project.
Amendment Guidelines
Substantial Amendments to Five-Year Strategic Plans (including AAPs)
Substantial changes may include, but are not limited to:
• Major project changes in: service area; significant change to a new location;
purpose; program beneficiaries; or national objective compliance;
11
• Changing the use of CDBG funds from one eligible activity to another;
• Changes from one activity to another, such as project cancellation and a new
project approval;
• Establishment of a new Neighborhood Revitalization Strategy Area (NRSA); and
• Funding changes (+/-) greater than $25,000.
Minor Amendments to Five-Year Strategic Plans (including AAPs)
Amendments not considered substantial are small increases or decreases in the
amount of funds allocated to an approved project or activity in order to achieve
the original purpose of the project or activity. These minor changes may be
carried out at the discretion of the department and are not subject to the criteria
that apply to Substantial Amendments. Accordingly, there is no specific citizen
participation process outlined for this activity.
Because of potential impact to citizens being served by funding, Substantial
Amendments will be subject to the same Guidelines and Standards for Public
Participation as the other planning and reporting activities. With the exception of
amendments due to receipt of disaster recovery or emergency response funds,
Substantial Amendments will require: adequate notice of a 30-day public review period,
the public review period, and a public hearing. Approval by City Council and a City
Council public hearing will also be required for Substantial Amendments to the Five-Year
Strategic (Consolidated) Plan (see Attachment A, Citizen Participation Table, Substantial
Amendments).
Amendment Category Determination for Citizen Participation Plan
Amendments
Due to a variety of circumstances and timelines under which such an amendment might
occur, should there be a need for an amendment to the Citizen Participation Plan,
departmental staff will determine the appropriate public participation process.
Substantial Amendments to the Citizen Participation Plan
Substantial changes may include, but are not limited to:
• Substantial amendments include major changes in the methods used for public
participation for any Plan approved by City Council, including public hearings,
public review periods, and public notices.
• Minor amendments will include any updates required by HUD for receipt of
funds, including but not limited to, disaster recovery or emergency response
funds.
12
Citizen Participation Plan updates for the purposes of addressing housekeeping or
administrative items such as contact name changes, will be considered as minor
updates, and not an amendment.
Consolidated Annual Performance and Evaluation Report
An integral part of measuring the success of the City’s HUD-funded activities is the
publication of a Consolidated Annual Performance and Evaluation Report (CAPER),
which provides an objective assessment of the City’s progress toward meeting the
stated goals outlined in the Five-Year Strategic (Consolidated) Plan, as well as the
corresponding Annual Action Plan being reported on.
Citizen Participation: Other Guidelines and Information
Interdepartmental Coordination and Cooperation
The Social Sustainability Department will work with the Communications and Public
Involvement (CPIO), any communications employees assigned to the Social
Sustainability Department, and employees of the Finance Department who are
responsible for overall grants compliance administration and Title VI compliance.
Document Retention
All Plans, Amendments, Reports, and activity files are public documents and are
available both in paper copy and electronically from the City of Fort Collins. All
documents are retained for a minimum of five years and are available for review with
sufficient notice (usually 48 hours). To maintain confidentiality, the City will take all
necessary measures to ensure any sensitive beneficiary information contained within
the department’s files is compliant with federal, state, and local privacy requirements.
Technical Assistance
Upon request, Social Sustainability Department staff will provide technical assistance to
any group representative of persons of low- and moderate-income interested in
developing proposals for funding assistance under any of the programs covered by the
Consolidated Plan. The department may determine, at its discretion, the level and type
of assistance following consultation with those requesting technical assistance.
Complaint Procedures
Response Standards for Citizen Complaints
13
Substance and Timeliness
Should a citizen have concerns/complaints related to the Plans, Amendments
and/or Reports or any other federal program document or procedure, the
concerns may be submitted in writing. The City will provide a timely, substantive
written response to every citizen complaint within 15 business days, as required
by federal regulation.
Inclusion in Documents/Plans
Complaints received during any of the five reporting and planning activity
processes, and the outcome of their consideration by the City, will be included in
the corresponding, adopted Five-Year Strategic (Consolidated) Plan or Annual
Action Plans submitted to HUD.
Excluded Comments
City staff shall notate citizen comments excluded from any document, the
general nature of the comment, and the reason for exclusion.
Complaint and Response Process
Level One:
1) The response to the complaint will be handled by the Project Manager
assigned to the plan or activity, or by a Social Sustainability employee designated
by the Department Director.
2) When a Project Manager or other contact information is not expressly
provided, written complaints may be submitted to:
Address: Director of Social Sustainability
City of Fort Collins
P. O. Box 580
Fort Collins CO 80522-0580
Phone: 970-221-6734
Level Two:
If not resolved by the Department, formal complaints should be addressed to the
Fort Collins City Manager and filed in writing at: City Manager’s Office, City
Hall, 300 Laporte Ave, Fort Collins, CO 80521. The City Manager will refer the
complaint to appropriate City staff for a written response regarding the
complaint within 15 business days upon receipt of the complaint.
14
Level Three:
If the complainant is not satisfied with the City Manager’s response, further
appeals should be addressed to the Fort Collins City Council, c/o the Mayor (City
Hall, 300 W. Laporte Ave., Fort Collins, CO 80521). The Council has 30 days in
which to take further action as deemed necessary to address the complainant’s
concerns.
Level Four:
If the complainant has not been satisfied with the response of City Council, a
formal complaint may then be addressed directly to the regional Department of
Housing and Urban Development (HUD) at: Department of Housing & Urban
Development, 1670 Broadway, Denver, CO 80202-4801.
Funding Application Complaints
Formal complaints regarding HUD’s approval of the City of Fort Collins’ application for
CDBG and/or HOME funding should be submitted in writing to the HUD Area Office
within 30 days of the publication of the application notice. In order to ensure submitted
objections are considered during the review process, HUD will not approve an
application until at least 45 days after receipt of an application. In the interest of time,
therefore, if the complainant is not satisfied with the response from the City staff and
wants her/his comments to be considered during the HUD review process of the City’s
CDBG/HOME funding application, she/he should then contact HUD directly within the
designated time frame.
Discrimination Complaints
When the complainant’s concern is of a discrimination-related nature (e.g.,
discrimination on the basis of physical or mental disability; race; creed; color; sex;
marital status; familial status; religion; national origin; and/or ancestry; or other legally
protected classes), the complainant should immediately contact one of the following
resources:
1) City Manager’s Office: Civil Rights/ADA Officer
300 W. Laporte Ave., Fort Collins, CO 80521
Phone: 970-416-2253
2) City of Fort Collins: Title VI Coordinator
Phone: 970-221-6526
3) The Colorado Civil Rights Commission/Division
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Phone: 303-894-2997, Toll Free: (800) CO-CIVIL (282-4845).
The Colorado Civil Rights Division website, www.dora.state.co.us/civil-rights,
provides information about the Division, the Civil Rights Commission, and the
process for filing a complaint.
4) The HUD Fair Housing Hotline (discrimination and housing-related issues)
Phone: 800-669-9777
Conclusion
The City of Fort Collins has a commitment to fostering public participation within the
broadest spectrum of community members. This Plan is intended to reflect not only
adherence to federal requirements, but also standards for meaningful communications
excellence. As future strategies for community engagement emerge, develop, and are
proven effective, they will be incorporated into Amendments to this Plan.
16
Attachment A
Citizen Participation Table
Document Public Participation:
Minimum Standards
Required Time
for Public
Review
Required
Approval Deadline
Citizen
Participation
Plan and
Substantial
Amendments
1) 1-day prior notice of Public
Review Period.
2) 15-day notice of Public
Hearing.
3) Public Hearing: City Council.
30-day Public
Review Period
DR-funds: 5-
day Public
Review period
City Council
Approval
1) Amended as needed.
2) Most current update
included with Five-Year
Strategic (Consolidated)
Plan
Five-Year
Strategic
(Consolidated)
Plan and/or
Annual Action
Plans
1) 1-day prior notice of Public
Review Period.
2) 15-day prior notice of
Public Hearing.
3) Consolidated Plan Public
Hearing: City Council.
4) Annual Action Plan Public
Hearing: Social Sustainability
Department.
30-day Public
Review period
1) Consolidated
Plan: City Council
Approval
2) Annual Action
Plan: n/a*
Submit to HUD August 15
(45 days prior to start of
new Program/Fiscal Year)
Five-Year
Strategic
(Consolidated)
17
Public
Hearings
1) One Public Hearing is to solicit citizen viewpoints and comments on how funds for affordable
housing, community development programs and projects, and other funding-eligible activities
should be spent.
2) One Public Hearing is to solicit citizen viewpoints and comments, and to also report to the
community on how funds were spent during the City’s previous Program Year.
* Funding recommendations are subject to the 30-day Public Review period prior to final City Council approval,
but the document content is not approved by Council prior to submission to HUD. As indicated, the Annual Action
Plan document is also subject to a 30-day public review period, which may run concurrent with the Public Review
period for funding recommendations.
** According to 2014 HUD CPD technical assistance, there is no regulatory time frame for notice postings prior to
a Public Hearing. However, HUD’s suggested guideline is 15 days prior to any Hearing.
18
Attachment B
Definitions
Annual Action Plan (AAP). The Annual Action Plan, required annually by HUD, details
the expenditure of yearly CDBG and HOME grants and ensures funds are directed
towards activities addressed in the Consolidated Plan. HUD requires the City to maintain
a significant correlation between the goals identified in the Consolidated Plan and use of
federal funds. Currently, the CDBG Commission evaluates and recommends activities to
City Council. However, the City Council has the right to approve activities outside the
recommendations of the Commission. The Annual Plan is due to HUD on August 15,
forty-five (45) days before the start of the City’s new federal fiscal year on October 1.
Area Median Income (AMI). This household income measurement is used by some
federal agencies such as HUD, in contrast to the Federal Poverty Level. This
measurement is community-based, and assesses a household’s income in the context of
other households in a geographic area.
Consolidated Annual Performance and Evaluation Report (CAPER). This report is a self-
assessment of the implementation of the Consolidated Plan and the Annual Action Plan.
Activity outcomes and outputs are reported showing the effectiveness of the federal
funds. This report includes details of the number and demographics of the community
served. The CAPER is due to HUD by December 31st
, 90 days from the end of the City’s
federal fiscal year.
Five-Year Strategic (Consolidated) Plan. As an Entitlement Community recipient of
Community Development Block Grant (CDBG) funding and a Participating Jurisdiction in
the HOME Investment Partnership Program (HOME) funding, the City is required by HUD
to develop a Consolidated Plan that evaluates the needs of its low- and moderate-
income residents. This includes a review of the City’s housing, homeless, and community
development needs; provides a housing market analysis; and creates a strategy to
address the needs identified. This plan is revised every five (5) years. The current
Consolidated Plan cycle is: 2010-2014 (October 1, 2010 through September 30, 2015)
and 2015-2019 (October 1, 2015 through September 30, 2020).
Low-Income Neighborhood. A low-income neighborhood is a predominantly low-
income neighborhood identified as such by Census Tract, because 50% or more of the
residents in that tract have incomes below 60% of the Area Median Income (AMI), an
income measurement used by HUD. In Fort Collins, Qualified Census Tracts are located
in the Old Town area, near Colorado State University, and on the northern-most border
of the City (as of 2010 Census).
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Predominantly Low- and Moderate-Income Neighborhood. A predominantly low- and
moderate-income neighborhood is identified as such by Census Tract, because 50% or
more of the residents in that tract have incomes below 80% of the Area Median Income
(AMI), an income measurement used by HUD.
20
Attachment C
Anti-Displacement Policy
As part of the Citizen Participation Plan, the City must include its plan to minimize
displacement of persons and to assist any persons displaced, specifying the types and
levels of assistance. The City has in effect and is following the Residential Anti-
Displacement and Relocation Assistance Plan as described below which will minimize
displacement of any person as a result of a federally-assisted activity.
All occupied and vacant occupiable lower-income dwelling units that are either
demolished or converted to a use other than providing low-income dwelling units, in
connection with a federally-assisted activity, must be replaced with comparable lower-
income dwelling units. Replacement of lower-income dwelling units may be provided by
any government agency or private developer and must meet the following
requirements:
1. The units must be located within the recipient’s jurisdiction.
2. The units must be sufficient in number and size to house no fewer than the
number of occupants previously housed in the units that were demolished or
converted.
3. The units must be provided in standard condition.
4. The units must initially be made available for occupancy at any time during the
period—beginning one year before the action—and remain available for three
years following the action.
5. The units must remain lower-income units for 10 years from the date of initial
occupancy.
Before work shall commence, the recipient must make public and submit in writing to
the HUD field office the following information: a description of the proposed federally-
assisted activity, the location on a map and the number of dwelling units by size, the
time schedule for the commencement and completion of the demolition or conversion,
the location and number of dwelling units by size that will be provided as replacement
units, the source of funding and time schedule for the provision of replacement dwelling
units, the basis for concluding that each replacement dwelling unit will remain a lower-
income dwelling unit for at least 10 years from the date of initial occupancy, and
information demonstrating that any proposed replacement of dwelling units with
smaller dwelling units is consistent with the needs assessment contained in its HUD-
approved Consolidated Plan.
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Replacement is not required if the HUD field office determines there is an adequate
supply of vacant lower-income dwelling units in standard condition available on a
nondiscriminatory basis within the area.
In addition, the displaced person will be advised of his or her rights under the Fair
Housing Act. Each person will be provided moving expenses at the levels described in 49
CFR Part 24. Each person will also receive the cost of a security deposit and credit check
required for the replacement unit and any actual out-of-pocket costs including moving
expenses, if required to temporarily relocate. Displaced persons are eligible for either
rental assistance equal to 60 times the amount necessary to reduce the monthly rent or
a payment equal to the capitalized value of 60 times the amount that is obtained by
subtracting the “Total Tenant Payment” as determined under part 813 of this title as
listed above, from the monthly rent and estimated average monthly cost of utilities at a
comparable replacement dwelling unit.
A person who disagrees with the determination concerning whether the person
qualifies as a displaced person or with the amount of relocation assistance for which the
person is eligible may file a written appeal of that determination. A person who is
dissatisfied with the determination on his or her appeal may submit a written request
for review of that determination to the HUD field office for the applicable region. If the
full relief is not granted, the person shall be advised of his or her right to seek judicial
review.
Plan
Substantial
Amendments
1) 1-day prior notice of Public
Review Period.
2) 15-day prior notice of
Public Hearing.
3) Public Hearing: City Council
4) Exception: 24 hours in
advance for DR funds
30-day Public
Review period
DR-funds: 5-
day Public
Review period
City Council
Approval
Submit to HUD after City
Council approval
Annual Action
Plans
Substantial
Amendments
1) 1-day prior notice of Public
Review Period.
2) 15-day prior notice of
Public Hearing.
3) Public Hearing: Social
Sustainability Department
4) Exception: 24 hours in
advance for DR funds
30-day Public
Review period
DR-funds: 5-
day Public
Review period
Annual Action
Plan: n/a*
Submit prior to start of
next Program/Fiscal Year
Consolidated
Annual
Performance
and Evaluation
Report
(CAPER)
1-day prior notice of Public
Review Period.
15-day Public
Review period n/a
Submit to HUD
December 31
Public Hearing
Notices
Posting standards and
implementation reflect a goal
of maximizing citizen
awareness and participation
in Hearing.**
n/a n/a
Goal of 15 days, not less
than 7 days before
Hearing,
Additional Two (2) general Public Hearings are required annually: