12 Pa. Code § 141.101 - Primary objective
A program grant shall meet the primary national objective in § 141.2 (relating to primary objective). To determine if an activity qualifies as benefiting as low- and moderate-income, there are several different methods and tests that can be applied.
(1)
Method one:
assumed LMI benefit. There are certain activity types that, because of
their nature, will automatically be presumed by the Department to meet the LMI
requirement as follows:
(i) An activity that
involves a facility designed for the specific use by senior citizens or the
handicapped. A senior center is defined as one that involves participants who
are 60 years of age or older.
(ii)
An activity that has built-in income eligibility requirements which limit
benefits to LMI persons.
(iii) An
activity that is intended to remove material and architectural barriers which
restrict the mobility and accessibility of elderly or handicapped persons to
public or privately owned buildings and improvements for the same
purpose.
(2)
Method two: majority LMI benefit.
(i) An activity that directly benefits a
neighborhood or area consisting of no fewer than 51% LMI persons. The
boundaries of the LMI benefit area shall be clearly defined and there shall be
documentation-data-that supports the inclusion of the claimed 51% or more LMI
persons. The assisted activities need not be directly located within the target
LMI area, but the direct LMI benefits to the target area shall be clearly
intended and evident.
(ii) If no
area within the recipient's jurisdiction contains at least 51% LMI persons, the
majority benefit criteria can be satisfied as follows:
(A) The area to be served has a larger
proportion of LMI residents no less than 75% of other areas within the
recipient's jurisdiction.
(B) The
activities clearly meet the identified needs of the LMI persons in the area to
be served.
(C) The LMI persons to
be directly benefited are proportionate in numbers to the overall LMI
population share of the total target area population.
(iii) The activities involve facilities
designed for the predominant use-at least 51%-of LMI persons.
(iv) Activities involving the creation or
retention of permanent jobs of which at least 51% will be made available to LMI
persons. This test can be met in several ways, using clauses (A), (B) or (C) in
conjunction with (D):
(A)
Specific
set-asides. Where an activity specifically sets aside the majority of
jobs for LMI persons.
(B)
Nature of jobs made available. Where the majority of jobs made
available are of the nature-in terms of skills, education and experience-that
they are particularly relevant to LMI persons.
(C)
Training. Where the
assisted project involves training opportunities to enable LMI persons to
become qualified for a majority of the job opportunities.
(D)
Accessibility. Where the
assisted project is located in or near an area with 51% or more LMI persons; is
designed or intended to principally benefit and employ LMI persons from that
area; and where there are specific attempts through advertising and recruitment
to make the job opportunities known and available to the LMI residents of that
area.
(3)
Method three: necessary related activities. In some instances,
a recipient may need to undertake one or more secondary activities in support
of a primary objective. These secondary activities will be considered to
benefit LMI persons to the extent and in the same proportion that:
(i) The secondary activities are directly
related to or are an integral part of a primary activity the latter, which, has
already been determined to principally benefit LMI persons.
(ii) The secondary support activities are
clearly necessary for the accomplishment of the primary objective or
activity.
(iii) The secondary
support activities are reasonable in terms of their proportionate cost to the
primary objective or activity cost.
(4)
Method four: housing
rehabilitation. These activity types will be considered to meet the
LMI test only when:
(i) For single housing
units, the unit to be assisted is or will be occupied by an LMI resident or
household upon the completion of rehabilitation.
(ii) For multifamily or dwelling units, the
majority of the units are or will be occupied by LMI persons. A two-unit
structure can satisfy this requirement if one of the two units is so
occupied.
Notes
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