24 C.F.R. § 570.505

Use of real property

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The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided.

(a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either:

(1) The new use of such property qualifies as meeting one of the national objectives in § 570.208 (formerly § 570.901) and is not a building for the general conduct of government; or

(2) The requirements in paragraph (b) of this section are met.

(b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1) of this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property.

(c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in § 570.504(b)(4) or (5), as applicable, shall apply to the use of funds reimbursed.

(d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements.

[53 FR 8058, Mar. 11, 1988, as amended at 53 FR 41331, Oct. 21, 1988]

Notes of Decisions

Cited in 2 cases, 1999–1999 · leading case: New York City Env't Just. All. v. Giuliani, 50 F. Supp. 2d 250 (S.D.N.Y. 1999).

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New York City Env't Just. All. v. Giuliani, 50 F. Supp. 2d 250 (S.D.N.Y. 1999). “24 C.F.R. § 570.505 governs the use of real property acquired or improved using CDBG funds, and plaintiffs maintain that the City’s sale of the lots will not be in compliance with regulations.”

New York City Env't Just. All. v. Giuliani, 214 F.3d 65 (2d Cir. 1999). “The court further held that the HUD regulations set forth at 24 C.F.R. § 570.505 , promulgated under the HCDA, were inapplicable to the Lots because no individual Lot received the $25,000 of federal government funding necessary for the regulations to apply.”

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