24 C.F.R. § 92.352
§ 92.352 Environmental review. (24 CFR Part 92)
Operative Text
(a) General. The environmental effects of each activity carried out with HOME funds must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The applicability of the provisions of 24 CFR part 50 or part 58 is based on the HOME project (new construction, rehabilitation, acquisition) or activity (tenant-based rental assistance) as a whole, not on the type of cost paid with HOME funds. (b) Responsibility for review. (1) The jurisdiction (e.g., the participating jurisdiction or State recipient) or insular area must assume responsibility for environmental review, decision making, and action for each activity that it carries out with HOME funds, in accordance with the requirements imposed on a recipient under 24 CFR part 58. No funds may be committed to a HOME activity or project before the completion of the environmental review and approval of the request for release of funds and related certification, except as authorized by 24 CFR part 58. (2) A State participating jurisdiction must also assume responsibility for approval of requests for release of HOME funds submitted by State recipients. (3) HUD will perform the environmental review, in accordance with 24 CFR part 50, for a competitively awarded application for HOME funds submitted to HUD by an entity that is not a jurisdiction.
Under § 92.352, every activity funded with HOME dollars must undergo a formal environmental review consistent with the National Environmental Policy Act (NEPA) and HUD's implementing regulations at 24 CFR parts 50 and 58. The scope of that review is determined by the overall HOME project or activity—such as new construction, rehabilitation, acquisition, or tenant-based rental assistance—rather than by which specific costs happen to be paid with HOME funds. Critically, no HOME funds may be committed to a project or activity until the environmental review is complete and a request for release of funds has been approved, with limited exceptions spelled out in 24 CFR part 58.
Plain English — not legal advice.
Property owners and developers seeking HOME funding should be aware that § 92.352 places the primary environmental review responsibility on the participating jurisdiction or state recipient administering the funds, not on the individual property owner. A compliant operator generally coordinates early with the administering jurisdiction to confirm that the environmental review process has been initiated and completed before any HOME funds are committed to the project. Because the review covers the project as a whole—regardless of how costs are allocated—operators typically ensure that all project components, including those not directly paid with HOME funds, are disclosed to the reviewing jurisdiction in a timely manner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in housing developed or rehabilitated with HOME funds benefit indirectly from § 92.352, which requires that an environmental review be completed before funds are committed to any project, including tenant-based rental assistance activities. If a tenant has concerns that a HOME-assisted project proceeded without the required environmental clearance, that concern can generally be raised with the local participating jurisdiction, a HUD field office, or a tenant-rights organization familiar with federal housing programs. Reviewing the publicly available environmental review record—which jurisdictions are typically required to maintain under 24 CFR part 58—can be a useful starting point for understanding what was assessed for a particular project.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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