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Conflict-of-Interest Requirements - Regulations

When implementing their HOME programs, PJs, state recipients and subrecipients must adhere to the following Conflict-of-Interest regulations:

  • 24 CFR Part 92.356: HOME Conflict-of-Interest Provisions
    These are the Conflict-of-Interest regulations that govern financial Conflict-of-Interest provisions for HOME PJs. The HOME regulations state that no person:
    • Who exercises or has exercised any functions or responsibilities with HOME activities or
    • Who is in a position to participate in decisions or gain inside information may obtain financial interest or benefit from a HOME activity or have an interest in any contract, subcontract, or agreement for themselves or
    • For person with business or family ties.
       
  • 24 CFR Part 85.36: Procurement
    In the procurement of property and services by PJs, state recipients, and subrecipients, the Conflict-of-Interest provisions of 24 CFR Part 85.36 apply. These regulations require PJs and subrecipients to maintain written standards governing the performance of their employees engaged in awarding and administering contracts. For more general information about procurement requirements, see the Contracting and Procurement subject area within this training module's Employment and Contracting topic.
     
  • 24 CFR Part 84.42: Codes of Conduct
    Part 84.42 mandates that recipients of Federal funds maintain written standards of conduct that govern employee actions as they relate to awarding and administering contracts. Essentially, these standards should state that no employee shall participate in the selection, award, or administration of a contract if there is any real or apparent Conflict-of-Interest involved.

Specific Conflict-of-Interest requirements and guidance for the HOME Program include:

  • 24 CFR Part 92.356(f)
    This section of the rule addresses the HOME Conflict-of-Interest provisions that apply to State recipients, subrecipients, CHDOs, and other owners/developers that receive HOME funds for the development of HOME units. While 24 CFR 92.356 covers financial Conflict-of-Interest provisions that apply specifically to PJs, this cite discusses situations in which there is an appearance or actual instance of conflict or preferential treatment for other recipients of HOME funds.
     
  • HOMEfires Volume 2, Number 2
    HOMEfires is the official HOME policy newsletter published by HUD. This issue of the newsletter addresses the HOME Conflict-of-Interest provisions that apply to people serving on CHDO boards and the boards of other nonprofit organizations that receive HOME funds. While 24 CFR 92.356 covers financial Conflict-of-Interest provisions, this volume of HOMEfires discusses situations in which there is an appearance of conflict or preferential treatment for CHDOs on whose boards PJ staff may serve.

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