Common use of Additional Criteria Clause in Contracts

Additional Criteria. (1) In any case where the activity undertaken is a pub- lic improvement and the activity is clearly designed to serve a primarily residential area, the activity must meet the requirements of paragraph (b)(1) of this section whether or not the requirements of paragraph (b)(4) of this section are met in order to qualify as benefiting low and moderate income persons. (2) Where the assisted activity is ac- quisition of real property, a prelimi- nary determination of whether the ac- tivity addresses a national objective may be based on the planned use of the property after acquisition. A final de- termination shall be based on the ac- tual use of the property, excluding any short-term, temporary use. Where the acquisition is for the purpose of clear- ance which will eliminate specific con- ditions of blight or physical decay, the clearance activity shall be considered the actual use of the property. How- ever, any subsequent use or disposition of the cleared property shall be treated as a ‘‘change of use’’ under § 570.489(j). (3) Where the assisted activity is re- location assistance that the unit of general local government is required to provide, the relocation assistance shall be considered to address the same na- tional objective as is addressed by the displacing activity. Where the reloca- tion assistance is voluntary, the unit of general local government may qual- ify the assistance either on the basis of the national objective addressed by the displacing activity or, if the relocation assistance is to low and moderate in- come persons, on the basis of the na- tional objective of benefiting low and moderate income persons. (4) Where CDBG-assisted activities are carried out by a Community Devel- opment Financial Institution whose charter limits its investment area to a primarily residential area consisting of at least 51 percent low- and moderate- income persons, the unit of general local government may also elect the following options: (i) Activities carried out by the Com- munity Development Financial Insti- tution for the purpose of creating or re- taining jobs may, at the option of the unit of general local government, be considered to meet the requirements of this paragraph under the criteria at paragraph (b)(1)(iv) of this section in lieu of the criteria at paragraph (b)(4) of this section; and (ii) All housing activities for which the Community Development ▇▇▇▇▇- cial Institution obligates CDBG assist- ance during any one-year period may be considered to be a single structure for purposes of applying the criteria at paragraph (b)(3) of this section. (5) If the unit of general local govern- ment has elected to prepare a commu- nity revitalization strategy pursuant to the authority of § 91.315(e)(2) of this title, and the State has approved the strategy, the unit of general local gov- ernment may also elect the following options: (i) Activities undertaken pursuant to the strategy for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of paragraph (b) of this section under the criteria at § 570.483(b)(1)(v) instead of the criteria at § 570.483(b)(4); and (ii) All housing activities in the area undertaken pursuant to the strategy may be considered to be a single struc- ture for purposes of applying the cri- teria at paragraph (b)(3) of this section. (6) If an activity meeting the criteria in § 570.482(f)(3)(v) also meets the re- quirements of either paragraph (e)(4)(i) or (e)(5)(i) of this section, the unit of general local government may elect to qualify the activity either under the area benefit criteria at paragraph (b)(1)(iv) or (v) of this section or under the job aggregation criteria at para- graph (b)(4)(vi)(D) of this section, but not under both. Where an activity may meet the job aggregation criteria at both paragraphs (b)(4)(vi)(D) and (E) of this section, the unit of general local government may elect to qualify the activity under either criterion, but not both.