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ORDER OF THE BOARD OF ALDERS OF THE CITY OF NEW HAVEN APPROVING THE CITY OF NEW HAVEN’S 2025-2029 FIVE YEAR CONSOLIDATED PLAN 2025-2026 ANNUAL ACTION PLAN STATEMENT OF ACTIVITIES AND USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA), AND EMERGENCY SOLUTIONS GRANTS (ESG) FUNDS TO BE SUBMITTED TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FEDERAL FINANCIAL ASSISTANCE FOR PLANNING AND COMMUNITY DEVELOPMENT ACTIVITIES UNDER THE PROVISIONS OF TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED, (PL 93-383); THE CRANSTON GONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990 AS AMENDED(PL 101-625); THE MCKINNEY - VENTO HOMELESS ASSISTANCE ACT OF 2000 AS AMENDED(PL 106-400); THE HOMELESS EMERGENCY ASSISTANCE AND RAPID TRANSITION TO HOUSING (HEARTH) ACT OF 2009; AND THE AIDS HOUSING OPPORTUNITY ACT (PL 102-550); HEREAFTER REFERRED TO AS “HOUSING AND COMMUNITY DEVELOPMENT PROGRAM ACTS” AND FOR ACTIVITIES TO BE FUNDED BY PROGRAM INCOME AND/OR REPROGRAMMING FUNDS FROM PRIOR GRANT YEARS
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WHEREAS, HUD requires the submission of a planning document incorporating housing and non-housing community development strategies in a consolidated plan to be prepared in accordance with the process prescribed in 24CFR Part 91; and
WHEREAS, the Mayor has submitted to the Board of Alders a proposed Five-Year Consolidated Plan covering 2025 through 2029, which includes a description of the community participation process, a needs analysis, objectives and priorities for the five-year strategy period; and,
WHEREAS, the Mayor has submitted to the Board of Alders the proposed Fiscal Year 2025-2026 Annual Action Plan budget recommendations; and,
WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974 (Public Law 93-383), as amended, (P.L. 93-383); the Cranston Gonzalez National Affordable Housing Act of 1990, as amended (P.L. 101-625); the McKinney-Vento Homeless Assistance Act of 2000, as amended(P.L. 106-400); the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009; and the Aids Housing Opportunity Act (AHOA); and as further amended and authorized by the Housing and Community Development Act of 1992 (PL 102-550, approved October 28, 1992); hereafter referred to as “Housing and Community Development Programs” the Department of Housing and Urban Development is authorized to provide financial assistance to cities for undertaking and carrying out community development activities on an annual basis; and,
WHEREAS, under the provisions of an Act concerning Community Development, Public Act No. 75-443, Connecticut Municipalities are authorized to undertake community development programs in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and Public Act No. 75-443; and,
WHEREAS, in accordance with the federal regulations requiring Consolidated Submission for Community Planning and Development Programs (24 CFR 91), the Mayor has requested the preparation and has submitted to this Board the Fiscal Year 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds for submission to the U.S. Department of Housing and Urban Development for the purpose of obtaining financial assistance to undertake and carry out community development activities; and,
WHEREAS, the said Annual Action Plan, Statement of Activities and Use of Funds contains activities to be funded by program income and/or reprogramming of unused funds from prior years activities; and,
WHEREAS, prior to submission to HUD of such proposed Fiscal Year 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds, the Mayor and other public officials have heard citizen views on housing and community development needs; and,
WHEREAS, there also has been presented to the Board, a Citizen Participation Plan; a description of consultation and outreach efforts; and information and data regarding the activities the City will undertake and carry out during the coming year with the financial assistance received from the Department of Housing and Urban Development under its Housing and Community Development Programs; and,
WHEREAS, the Mayor, as part of the submission of the Annual Action Plan and Five-Year Plan, must sign program-specific certifications are also required; and,
WHEREAS, the City prepared its initial Analysis of Impediments to Fair Housing Choice in 1996 and prepared a new update in June of 2020 to reflect activities undertaken to further fair housing and to reflect new data compiled as part of the development of the Five-Year Consolidated Plan for Housing and Community Development 2025 to 2029; and,
WHEREAS, the 2025-2029 Five Year Consolidated Plan and 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds has been on file at the office of Policy, Management, & Grants, 165 Church Street, for at least thirty days prior to final submission to HUD for the purpose of public review; and copies of the Five-Year Consolidated Plan and Annual Consolidated Action Plan Statement of Activities and Use of Funds have been made available to the public; and,
WHEREAS, the 2025-2029 Five Year Consolidated Plan and 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds has been posted on the City’s webpage www.newhavenct.gov for at least thirty days prior to final submission to HUD for the purpose of public review and previous Five-Year Consolidated Plans and Annual Consolidated Action Plans Statement of Activities and Use of Funds have been made available to the public; and,
WHEREAS, in April, May and June 2025, this Board acting through the Joint Committee on Community Development and Health and Human Services will hold public hearings pursuant to notices published in accordance with Public Act No. 75-443 at which times the views of the public with respect to the needs, strategies, objectives and community development activities proposed in the Five Year Consolidated Plan and Annual Action Plan Statement of Activities and Use of Funds were communicated to this Board; and,
WHEREAS, this Board has received written or has provided the opportunity for written communications on the Annual Funds from the New Haven City Plan Commission, the New Haven Housing Authority, the LCI Loan Advisory Committee, the New Haven Development Commission or, has allowed such agencies thirty (30) days to review such plans; and,
WHEREAS, this Board has also received or has provided the opportunity for written communications from various City officials and members of the general public regarding Fiscal Year 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds; and,
WHEREAS, it is necessary that this Board take appropriate official action respecting the City's Five-Year Consolidated Plan and Annual Action Plan, Statement of Activities and Use of Funds which forms part of the application to the Department of Housing and Urban Development for financial assistance under its Housing and Community Development Programs; and,
WHEREAS, The FY 2025-26 Consolidated Plan, which includes the following four grants: Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons with Aids (HOPWA), collectively referred to as Consolidated Plan Funds, is based on the assumption of continued, level funding from the U.S. Department of Housing and Urban Development’s (HUD) Community Planning and Development Division, subject to the enactment of the FY 2025-26 formula allocations by Congress. In the event of any significant changes in federal funding allocations made after Aldermanic adoption of the FY2025-26 Consolidated Plan, or if funds are rescinded after adoption, the City retains the right to revise funding allocations in order to align with such changes in the federal budget. Revised allocations will be prepared by City staff, taking into account the City's available funding, strategic priorities, and long-term goals, and in consultation with Aldermanic leadership. While the City of New Haven has not received any notice, written or otherwise, of a reduction in Consolidated Plan Funds, the ongoing uncertainties in the federal budget cycle, particularly with regard to federal grant funding, necessitate the City's reserve to re-prioritize funding allocations in accordance with any significant reduction of Consolidated Plan Funds, and revised federal funding guidelines.
WHEREAS, this Board is cognizant of the conditions imposed upon the Mayor and the City with respect to undertaking and carrying out community development activities under the provisions of the Housing and Community Development Program regulations and Public Act No. 75-443; and,
WHEREAS, due to possible delays by the federal government regarding formula grant funding allocations, retroactive contractual agreements with non-profit agencies and consultants may be required in order to cover services provided for the entire current grant year period July 1st to June 30th.
NOW, THEREFORE, BE IT ORDERED by the Board of Alders of the City of New Haven as follows:
1. It is hereby found and determined that:
(a) The Five Year Consolidated Plan and 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds has been developed so as to give maximum feasible priority to activities which will benefit low or moderate-income families and persons, aid in the prevention or elimination of slum or blight, or that the activities contemplated in the plan in whole or in part are designed to meet other community development needs having a particular urgency which cannot otherwise be met.
(b) There has been (i) adequate information provided to citizens concerning the amount of funds available for activities proposed under the 2025-2026 Annual Action Plan and the range of activities which may be undertaken and other important program requirements, (ii) adequate opportunity for citizens to participate in the development of the plan, and (iii) adequate public hearings held by this Board to obtain the views of citizens on community development and housing needs.
(c) The 2025-2026 Annual Action Plan Program will be conducted and administered in compliance with the Civil Rights Act of 1964 and 1968, P.L. 88-52 and P.L. 90-284, as from time to time amended, the Fair Housing Amendments Act of 1988, P.L. 100-430, section 109 of the Housing and Community Development Act of 1974, as amended, and Sections 31-26, 33-34, 53-35, 53-35a of the General Statutes.
(d) The Mayor has consented to make the certifications required under subsection (b) of Section 104 of said Housing and Community Development Act of 1974, as amended, Section 106 of the Cranston-Gonzalez National Affordable Housing Act; Subtitle D of the Cranston-Gonzalez National Affordable Housing Act; Section 415 of the McKinney-Vento Homeless Assistance Act of 2000; and Section 854 of the AIDS Housing Opportunity Act.
(e) In implementing the 2025-2026 Annual Plan Program the City shall comply with the provisions of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, as from time to time amended.
(f) All laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5): Provided, That this section shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 276c of title 40.
(g) In implementing the 2025-2026 Annual Plan Program the City shall comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75. Section 3, as amended, requires that economic opportunities generated by certain HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly those who are recipients of government assistance for housing, and to businesses that provide economic opportunities to low and very low-income persons.
(h) In implementing the 2025-2026 Annual Plan Program the City shall comply with notification, inspection, testing and abatement procedures concerning lead-based paint as required by 24 CFR 570.608.
(i) In implementing the 2025-2026 Annual Plan Program the City shall comply with provisions of Executive Order 12372, Intergovernmental Review of Federal Programs.
2. That the 2025-2026 Annual Action Plan has had an opportunity for citizen comment as outlined in the City’s May 2020 Citizen Participation Plan.
3. That the 2025-2026 Annual Action Plan complies with the requirements of the U.S. Department of Housing and Urban Development and other applicable provisions of the law and regulations, subject to the securing of further local approvals which may be required.
4. That the 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds as approved by this Board, complies with the requirements of Title I of the Housing and Community Development Act of 1974, as amended, (PL 93-383); the Cranston Gonzalez National Affordable Housing Act of 1990 as amended (P.L. 101-25); the McKinney-Vento Homeless Assistance Act of 2000 as amended (P.L. 106-400); the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009; and the Aids Housing Opportunity Act (AHOA); and as further amended and authorized by the Housing and Community Development Act of 1992 (PL 102-550); Public Act No. 75-443 and other applicable provisions of the law and regulations subject to the securing of further local approvals, such as urban renewal plan amendments, which may be required; and,
BE IT FURTHER ORDERED that the 2025-2029 Five-Year Consolidated Plan and the 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds having been incorporated in this Order by reference, is hereby approved and the Mayor is authorized and directed to take all steps necessary to undertake and carry out the community development activities described in said plan; and,
BE IT FURTHER ORDERED that the Mayor is authorized and directed to take whatever steps necessary to secure the approval of the 2025-2029 Five-Year Consolidated Plan and the 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds and the City's application for financial assistance to the Secretary of Housing and Urban Development and make such other applications as are necessary to secure community development funds required by this City, including advances, discretionary and transition funds as authorized under the Housing and Community Development Programs; and,
BE IT FURTHER ORDERED that the Mayor is authorized to execute multi-year contractual agreements and/or amendments with HUD, contractors, consultants, and non-profit agencies irrespective of fiscal year, expenditure restrictions, Board of Alders approval or other ordinance restrictions in order to insure performance and efficient implementation of approved community development activities; and,
BE IT FURTHER ORDERED that the Mayor has express approval to enter into an agreement with an effective date that relates back to the commencement of the current grant year regardless of when approval is obtained is hereby approved; and,
BE IT FURTHER ORDERED that the Mayor is authorized and directed to certify or give assurances, on behalf of the City, to the Secretary of Housing and Urban Development as to the matters determined and found by this Board; and,
BE IT FURTHER ORDERED that in the event financial assistance is made available by the State of Connecticut under the provisions of Public Act No. 74-443 or related legislation to support the community development activities contemplated under the 2025-2026 Annual Action Plan, Statement of Activities and Use of Funds approved by this Board, that the Mayor is authorized to take whatever steps as are necessary to secure such financial assistance; and,
BE IT FURTHER ORDERED that CDBG public service contracts which have not been executed by January 31, 2026, may be reprogrammed into program year 2025-2026 public service activities. These reprogramming funds may be allocated only to organizations that submitted applications for CDBG public service funding in 2025-2026 application cycle. The reprogramming allocations will be recommended by the Mayor and approved by the Board of Alders; and,
BE IT FURTHER ORDERED that pursuant to the Consolidated Plan application requirements, prior to the authorization for and/or release of funding, all agencies and organizations receiving Consolidated Plan funds through the City must be current on all municipal taxes; provide proof of fiscal accountability including the filing of all federal tax forms 990 or 990EZ and the completion of the annual audits as required; and clear of all significant audit findings. These requirements must be met before execution of contractual agreements. If an agency is unable to fulfill these requirements, funding shall be reprogrammed; and,
BE IT FURTHER ORDERED that for projects requiring longer than a 12-month implementation period, any balances remaining at the end of the program year for such specific activities in the prior program year shall be combined with the current program year activity when the project is deemed viable by the City and is being funded for the same purpose in the current year; and,
BE IT FURTHER ORDERED that The Small Business Service Center and the Small Contractors’ Development Program will provide the Joint Community Development and Human Services Committee with quarterly reports containing the following information:
Type of business services provided.
Number of businesses served and the name of the businesses.
Number of businesses created and the name of the businesses.
Number of jobs retained, the need for retention and the reason for the potential reduction, title of the position(s) and income levels of the position(s).
Number of jobs created and the skill level, income level and whether training will be provided by the business.
Total number of positions created and retained for New Haven residents.
BE IT FURTHER ORDERED that all CDBG Consolidated Plan Projects that have not expended any funding and have remained idle for a period of 13 months from the effective date of the award will be subject to reprogramming; and,
BE IT FURTHER ORDERED that CDBG Hardware funding that has been awarded to a non-profit organization for Project Delivery/Personnel shall not be committed through a formal agreement, released or expended until the organization has obtained full project financing or has commenced construction.