NATIONAL OBJECTIVES
§ 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.
Source The provisions of this § 141.101 adopted May 3, 1985, effective May 4, 1985, 15 Pa.B. 1614; amended March 21, 1986, effective March 22, 1986, 16 Pa. B. 943. Immediately preceding text appears at serial pages (98881) to (98888).
Cross References This section cited in 12 Pa. Code § 141.102 (relating to other national objectives); 12 Pa. Code § 141.171 (relating to prerequisites); and 12 Pa. Code § 141.309 (relating to Department approval).
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