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families whose incomes do not exceed 120 percent of area median income; and <br />b. The applicant will not attempt to recover any capital costs of public improvements assisted <br />with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount <br />against properties owned and occupied by persons of low- and moderate-income, including any <br />fee charged or assessment made as a condition of obtaining access to such public improvements. <br />However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the <br />capital costs of public improvements (assisted in part with NSP funds) financed from other <br />revenue sources, an assessment or charge may be made against the property with respect to the <br />public improvements financed by a source other than CDBG funds. In addition, with respect to <br />properties owned and occupied by moderate-income (but not low-income) families, an <br />assessment or charge maybe made against the property with respect to the public improvements <br />financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG <br />funds to cover the assessment. <br />Excessive force. The applicant, if an applicable governmental entity, certifies that it has adopted <br />and is enforcing: <br />A policy prohibiting the use of excessive force by law enforcement agencies within its <br />jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and <br />A policy of enforcing applicable state and local laws against physically barring entrance to, or <br />exit from, a facility or location that is the subject of such nonviolent civil rights demonstrations <br />within its jurisdiction. <br />Compliance with anti-discrimination laws. The applicant certifies that the NSP grant will be <br />conducted and administered in conformity with Title VI of the Civil Rights Act of 196 (42 <br />U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. <br />Compliance with lead-based paint procedures. The applicant certifies that its activities <br />concerning lead-based paint will comply with the requirements of 24 CFR part 35, subparts A, B, <br />J, K, and R. <br />Compliance with laws. The applicant certifies that it will comply with applicable laws. <br />