2007/12/05 Council Agenda Packet

J Organizations that are directly funded under the HOME Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as a part of the programs or services funded under 24 CFR Part 92. If the Agency conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under 24 CFR Part 92, and participation must be voluntary for the beneficiaries of the HUD- funded programs or services. 3. Discrimination Against Beneficiaries or Prospective Beneficiaries An organization that participates in the HOME Program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. 4 Structures Used for Inherently Religious Activities HOME funds may not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. HOME funds may be used for the acquisition, construction or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under 24 CFR Part 92. Where a structure is used for both eligible and inherently religious activities, HOME funds may not exceed the cost of those portions of the acquisition, construction or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in 24 CFR Part 92. Sanctuaries, chapels or other rooms that a HOME-funded religious congregation uses as its principal place of worship, however, are ineligible for HOME-funded improvements. 5. Employment Discrimination Pursuant to 24 CFR § 5.109(e), a religious organization's exemption from the federal prohibition on employment discrimination on the basis of religion, set forth in section 702(a) of the Civil Rights Act of 1964 (codified at 42 U.S.C. § 2000e-1), is not forfeited when the organization participates in the HUD program. Notwithstanding the foregoing, non-discrimination requirements imposed by statute on all HOME grantees shall apply to religious and faith-based organizations. 111. USE OF PROPERTY The following provisions apply to real property improved or acquired through this HOME Agreement, PROVIDED, HOWEVER, that Subsections D through I of this Section III apply only to the two City HOME Assisted Units as set forth in Attachment A hereto: A. Beneficiaries The Agency agrees that the HOME-assisted units as described in Attachment A shall be used as permanent housing to benefit Low-Income households from the date that the Project is certified for occupancy and throughout the term of this HOME Agreement. B. Maintenance - 6 -