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A TRUE COPY <br /> 103 300 A CERTIFICATION ON LAST PAGE <br /> iA ': iYA ; J. R. SMITH, CLERK <br /> application is in control of the. limited partnership or limited liability corporation that has a deed or lease for the <br /> project site. <br /> (i) To have control of the limited partnership, the applicant or subrecipient must be the general partner of the limited <br /> partnership or have a 51 percent controlling interest in that general partner. <br /> (ii) To have control of the limited liability company, the applicant or subrecipient must be the sole managing <br /> member. <br /> (2) If grant funds are to be used for acquisition, rehabilitation, or new construction, the recipient or subrecipient <br /> must maintain control of the partnership or corporation and must ensure that the project is operated in compliance <br /> with law and regulation for 15 years from the date of initial occupancy or initial service provision. The partnership <br /> or corporation must own the project site throughout the 15-year period . If grant funds were not used for acquisition, <br /> rehabilitation, or new construction, then the recipient or subrecipient must maintain control for the term of the grant <br /> agreement and any renewals thereof. <br /> § 578 .27 Consolidated plan. <br /> (a) States or units of general local government. An applicant that is a State or a unit of general local government <br /> must have a HUD-approved, complete or abbreviated, consolidated plan in accordance with 24 CFR part 91 . The <br /> applicant must submit a certification that the application for funding is consistent with the HUD-approved <br /> consolidated plan(s) for the jurisdiction(s) in which the proposed project will be located. Funded applicants must <br /> certify in a grant agreement that they are following the HUD-approved consolidated plan. - <br /> (b) Other applicants. Applicants that are not States or units of general local government must submit a certification <br /> by the jurisdiction(s) in which the proposed project will be located that the applicant's application for funding is <br /> consistent with the jurisdiction's HUD-approved consolidated plan. The certification must be made by the unit of <br /> general local government or the State, in accordance with the consistency certification provisions under 24 CFR part <br /> 91 , subpart F. If the jurisdiction refuses to provide a certification of consistency, the applicant may appeal to HUD <br /> under §578 . 35 . <br /> (c) Timing of consolidated plan certification submissions. The required certification that the application for funding <br /> is consistent with the HUD-approved consolidated plan must be submitted by. the funding application submission <br /> deadline announced in the NOFA. <br /> § 578.29 Subsidy layering. <br /> HUD may provide assistance under this program only in accordance with HUD subsidy layering requirements in <br /> section 102 of the Housing and Urban Development Reform Act of 1989 (42 U. S .C. 3545 ) and 24 CFR part 4, <br /> subpart A. An applicant must submit information in its application on other sources of governmental assistance that <br /> the applicant has received, or reasonably expects to receive, for a proposed project or activities. HUD's review of <br /> this information is intended to prevent excessive public assistance for proposed project or activities by combining <br /> (layering) assistance under this program with other governmental housing assistance from federal, State, or local <br /> agencies, including assistance such as tax concessions or tax credits. <br /> § 578.31 Environmental review. — <br /> (a) Activities under this part are subject to environmental review by HUD under 24 CFR part 50. The recipient or <br /> subrecipient shall supply all available, relevant information necessary for HUD to perform, for each property, any <br /> environmental review required by 24 CFR part 50. The. recipient or subrecipient must carry out mitigating measures <br /> required by HUD or select an alternate eligible property. HUD may eliminate from consideration any application <br /> that would require an Environmental Impact Statement. <br /> 1 <br />