6 MAC Pt. 4, R. 7.3
Requirements
Cite as 6 Miss. Admin. Code Pt. 4, R. 7.3
Requirements. There are three specific requirements related to the organization’s board,
which must be evidenced in the organization’s by-laws, charter, or articles of incorporation.
These are:
A. Low Income Representation. At least ⅓ of the organization’s board must be
representatives of a low-income community served by the CHDO. The CHDO is
required to certify the status of low-income representatives. There are three (3) methods
to meet the HOME requirement that stipulates ⅓ of the organization’s board be
representatives of a low-income community serviced by the CHDO. If a potential board
member fits one of the following descriptions, then he/she count towards fulfilling this
requirement:
(i). The person lives in a low-income neighborhood where 51% or more of the
residents are low-income. This resident does not have to be low-income. In order to
qualify under this criteria, the board member must live in a low-income neighborhood
where 51% or more of the residents are low-income. The board member does not
have to be low-income. Neighborhood means a geographic location designated in
comprehensive plans, ordinances, or other local documents as a neighborhood,
village, or similar geographical designation that is within the boundary but does not
encompass the entire area of a unit of general local government; except that if the unit
of general local government has a population under 25,000, the neighborhood may,
but need not encompass the entire area of the unit of a general local government.
(ii). The person is a low-income resident of the community. In order to qualify under
this criteria, the board member must be a low-income resident of a community that
the CDHO is certified to serve. Low-income is defined as 80% or less of area median
family income.
(iii). The person was elected by a low-income neighborhood organization to serve on
the CHDO board. The organization must be composed primarily of residents of the
low-income neighborhood and its primary purpose must be to serve the interests of
the neighborhood residents. Such organizations might include block groups,
neighborhood associations, and neighborhood watch groups. In order to qualify under
this criteria, the board member must be elected by a low-income neighborhood
organization to serve the CHDO Board. The group must be a neighborhood
organization and it may not be the CHDO itself. If the board member is qualifying
under this criterion, a copy of the signed resolution from the neighborhood
organization naming the individual as their representative on the CHDO is required.
B. Public Sector Limitations. No more than ⅓ of the organization’s board may be
representatives of the public sector. States or local governments who charter CHDOs
may not appoint more than â…“ of the board, and the board members appointed by the state
or local government may not appoint the remaining â…” of the board members. If a person
qualifies as a low-income person and a public official, their role as a public sector
representative supersedes their residency or income status. Therefore, the official counts
toward the â…“ public sector limitation.
C. For Profit Limitations. If a CHDO is sponsored by a for-profit entity, the for-profit
may not appoint more than â…“ of the board. The board members appointed by the for-
profit may not appoint the remaining â…” of the board members.