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Required provision on affirmatively furthering fair housing (AFFH) <br />The Joint Agreement must contain a provision prohibiting an Urban County from <br />funding activities in, or in support of, any Metropolitan City that impedes your <br />county's actions to comply with your fair housing certification. HUD requires this <br />provision because noncompliance with the duty to affirmatively further fair housing <br />by a Metropolitan City may constitute noncompliance by your Urban County. This <br />can result in HUD issuing funding sanctions or other remedial actions for your <br />Urban County. <br />9. It must include a provision prohibiting excessive use of force and prohibiting <br />physically barring entrance to or exit from a facility or location which is the <br />subject of non-violent civil rights demonstrations within jurisdictions. <br />The agreement must state that the Metropolitan City has adopted and is enforcing: <br />1. A policy prohibiting the use of excessive force by law enforcement agencies <br />within its jurisdiction against any individuals engaged in non-violent civil <br />rights demonstrations; and <br />2. A policy of enforcing applicable State and local laws against physically <br />barring entrance to or exit from a facility or location which is the subject <br />of such non-violent civil rights demonstrations within jurisdictions. <br />10. It must NOT include a veto provision that could obstruct implementation of <br />your Urban County's Consolidated Plan. <br />Your agreement must NOT include a veto provision (or other restriction) that would <br />allow a Metropolitan City to obstruct implementation of your Urban County's <br />approved Consolidated Plan during the qualification period. Your Urban County has <br />final responsibility for choosing CDBG activities (and HOME and ESG activities, if <br />applicable) and submitting the Consolidated Plan to HUD. If your Urban County is a <br />member of a HOME consortium (but not the lead entity), the HOME consortium is <br />responsible for submitting the Consolidated Plan for your Urban County. <br />11. It must state that the Metropolitan City is subject to the same requirements as <br />subrecipients in the CDBG program. <br />Per 24 CFR 570.501(b), the agreement must state that the Metropolitan City is subject <br />to the same requirements as subrecipients in the CDBG program. This includes the <br />requirement for executing a written agreement before your Urban County disburses <br />CDBG funds to the Metropolitan City. <br />12. It must include a provision that the parties may not sell, trade, or transfer any <br />HUD funds. Congress has prohibited this practice. HUD will not accept Joint <br />Agreements or approve any Urban County's qualification without this provision. <br />Your agreement must include this specific provision: Parties to this Agreement understand <br />and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG <br />51 <br />607 <br />