2013 HOME Final Rule Requirements Applicability Charts

On July 24, 2013, HUD published a new HOME final rule (Final Rule). HUD has developed charts that summarize the changes and clarifications contained in the Final Rule, and clarify the applicability of these requirements to Participating Jurisdictions' (PJs') existing and/or new HOME projects. HUD has classified the HOME provisions into one of three separate categories, based on the type and applicability of the requirements:

  • Category #1: requirements to clarify or codify existing requirements
    The requirements under this section remain substantially unchanged from what was required under the pre-2013 HOME Rule, except that the new Final Rule clarified or codified existing HUD guidance or requirements into regulations. PJs were always required to comply with these requirements, and as such they are applicable to all of the HOME projects in a PJ's portfolio (regardless of when funds were committed). PJs must ensure that their programs and projects comply with these requirements and must correct any instances of noncompliance.
  • Category #2: new project requirements applicable to new projects only
    The requirements in this category are new requirements imposed by the new Final Rule. These requirements are applicable only to new projects to which HOME funds were committed on or after the effective date of the provision (see 24 CFR 92.3). Most of the Final Rule requirements became effective August 23, 2013; however, a few provisions have delayed implementation dates. PJs must update written agreements and policies and procedures to ensure that all new projects comply with these requirements.

Note: When a PJ amends a written agreement to add additional HOME funding to the project, all of the effective new Final Rule requirements become applicable to that project, even if the initial project commitment occurred prior to August 23, 2013.

  • Category #3: new program requirements applicable to the PJ's entire program and all projects
    The requirements in this category are general administrative requirements of the PJ. As such, once effective, these requirements are applicable to the PJ's program and to all projects in the HOME portfolio (regardless of when the HOME funds were committed).

Please note that it is not HUD's intention to impair existing written agreements. However, for administrative efficacy, PJs may wish to implement certain new Final Rule provisions across the jurisdiction's HOME portfolio. This may be possible in certain circumstances; here are a number of different scenarios and what the PJ must consider before incorporating Final Rule requirements into existing projects:

  • For written agreements executed before the effective date of the Final Rule provisions (and that subsequently lack language implementing the new project requirements (Category #2)), PJs are permitted, but not required, to amend the agreements with the owners and apply the new provisions.
  • For written agreements executed before the Final Rule provisions took effect and that include language which references in general terms only certain sections of the HOME regulations, PJs retain discretion whether to continue to enforce the pre-2013 rule requirements or to apply the Final Rule requirements under the existing agreement language.
  • For written agreements that predate the Final Rule provisions and include language that specifically references or broadly incorporates regulatory requirements and subsequent amendments, PJs must apply the Final Rule provisions regardless of whether they amend the written agreements.
     

View Charts by Topic

The requirements have been organized into separate charts by topic. Within each chart, requirements are further organized by Category/Applicability.

Navigation Tip: Within each chart, there are several links to additional resources.  In order to retain your original place in the chart when viewing the document in your web browser, right click on a link and select open link in new tab. The link will open in a new web browser tab, and you will retain your place in the chart. If you are viewing a download version of the chart, when you left click on a link, an internet browser window will open. You will retain your place in the chart in the downloaded document.