Title 24--HOUSING AND URBAN DEVELOPMENT
Chapter IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING,


program scope and applicability. 901.5 Definitions. 901.10 Indicator 1, vacancy rate and unit turnaround time. 901.15 Indicator...


calculated by dividing the total number of vacancy days in the fiscal year by the total number of unit days available in the fiscal year. Adjusted vacancy rate is the...


This indicator examines the vacancy rate, a PHA's progress in reducing vacancies, and unit turnaround time. Implicit in this indicator is the adequacy of the PHA's system to...


excluded if a PHA does not have a modernization program. This indicator examines the amount of unexpended funds over three Federal fiscal years (FFY) old, the timeliness...


PHA's ability to collect dwelling rent owed by residents in possession during the immediate past fiscal year by measuring the balance of dwelling rents uncollected as...


average number of days it takes for a work order to be completed, and any progress a PHA has made during the preceding three years to reduce the period of time required...


This indicator examines the percentage of units that a PHA inspects on an annual basis in order to determine short-term maintenance needs and long-term modernization...


the amount of cash reserves available for operations and, for PHAs scoring below a grade C on cash reserves, energy/ utility consumption expenses. This indicator has a...


This indicator examines the PHA's efforts to deliver quality customer services and to encourage partnerships with residents, resident organizations, and the local...


PHAs performance in tracking crime related problems in their developments, reporting incidence of crime to local law enforcement agencies, the adoption and implementation of...


indicators will be derived by the State/Area Office from existing reporting and data forms. (b) A PHA shall provide certification as to data on indicators not...


and components have the following point values: (1) Grade A = 10.0 points; (2) Grade B = 8.5 points; (3) Grade C = 7.0 points; (4) Grade D =...


component. (a) A PHA shall have the right to request the exclusion or modification of any indicator or component in its management assessment,...


total weighted score of 90% or greater shall be designated high performers. A PHA shall not be designated as a high performer if it scores below a grade of C for any indicator....


will assess each PHA within its jurisdiction on an annual basis: (1) The State/Area Office will make determinations for high- performing, standard, troubled PHAs...


appeal its PHMAP score to the State/Area Office, including a troubled designation or a mod-troubled designation. A PHA may appeal its management assessment rating on the basis of...


or standard performer will be relieved of specific HUD requirements, effective upon notification of high or standard performer designation. (b) A PHA shall not...


independent assessment team and reviewing the report identified in section 6(j)(2)(b) of the 1937 Act, a Memorandum of Agreement (MOA), a binding contractual agreement...


(a) A PHA has the right to petition the State/Area Office for the removal of a designation as troubled or mod-troubled. (b) A PHA may appeal any refusal to remove troubled...


Office notification letter in accordance with Sec. 901.120(b) or receipt of a final resolution of an appeal in accordance with Sec. 901.125 or, in the case of an...


PHAs). (a) PHAs that achieve a total weighted score of less than 60% on indicator 2, modernization, may be designated as mod-troubled. (b)...


PHMAP files, including certifications, the records of exclusion and modification requests, appeals, and designations of status based on physical condition and...


(a) The Department may determine that events have occurred or that conditions exist that constitute a substantial default if a PHA is determined to be in violation of...


assessment, as described in Sec. 901.100, a management review or audit, or any other credible source indicates that there may exist events or conditions constituting...


(including an assumption of operating responsibilities) may be limited to one or more of a PHA's specific operational [[Page 265]] areas (e.g.,...


substantial default or breach, and subsequent assumption of possession and operational responsibility, the Department may enter into agreements, arrangements, and/or contracts...


of a PHA. (a) When a competitive proposal to manage the housing of a PHA in substantial default is solicited in a Request for Proposals (RFP) pursuant to...


of residents that petition the Department to take remedial action pursuant to sections 6(j)(3)(A)(i) through (iv) of the 1937 Act must equal at least 20 percent of the...


has occurred and without regard to the availability of alternate remedies, the Department may petition the court for the appointment of a receiver to conduct...


assistance to a PHA that is in substantial default. (b) The Department may provide technical assistance to a troubled or non-troubled PHA if the assistance...


description. Subpart A_General Provisions Sec. 902.1 Purpose and general description. 902.3...


The PHAS is a strategic measure of a PHA's essential housing operations. The PHAS, however, does not evaluate a PHA's compliance with or response to every Department-wide...


(a) PHAs, RMCs, AMEs. (1) Scoring of RMCs and AMEs. This part applies to PHAs, Resident Management Corporations (RMCs) and Alternate Management Entities (AMEs), as described...


As used in this part: Act means the U.S. Housing Act of 1937 (42 U.S.C. 1437 et seq.) Adjustment for physical condition (development age) and...


scoring for small PHAs. REAC will assess and score the performance of a PHA with less than 250 [[Page 270]] public housing units every other PHA...


assessment. (a) Objective. The objective of the Physical Condition Indicator is to determine whether a PHA is meeting the standard of decent,...


Physical condition standards for public housing--decent, safe, and sanitary housing in good repair (DSS/GR). (a) General. Public housing must be maintained in a manner...


Physical inspection of PHA properties. (a) The inspection, generally. The score for PHAS Indicator 1 is based upon an independent physical inspection of a...


Physical condition scoring and thresholds. (a) Scoring. Under PHAS Indicator 1, REAC will calculate a score for the overall condition of a PHA's public housing...


Report. (a) Following the physical inspection and computation of the score under this subpart, each PHA receives a Physical Inspection Report. The...


portion of total PHAS points. Of the total 100 points available for a PHAS score, a PHA may receive up to 30 points based on the Physical...


assessment. (a) Objective. The objective of the Financial Condition Indicator is to measure the financial condition of a PHA for the purpose of...


requirements. (a) Annual financial report. All PHAs must submit their unaudited and audited financial data to HUD on an annual basis. The financial...


Financial condition scoring and thresholds. (a) Scoring. Under PHAS Indicator 2, REAC will calculate a score based on the values of financial condition components, as...


portion of total PHAS points. Of the total 100 points available for a PHAS score, a PHA may receive up to 30 points based on the Financial...


assessment. (a) Objective. The objective of the Management Operations Indicator is to measure certain key management operations and responsibilities...


Management operations performance standards. (a) Management operations sub-indicators. The following sub- indicators listed [[Page 279]] in this section will...


scoring and thresholds. (a) Scoring. The Management Operations Indicator score provides an assessment of each PHA's management effectiveness. Under...


portion of total PHAS points. Of the total 100 points available for a PHAS score, a PHA may receive up to 30 points based on the Management...


Resident service and satisfaction assessment. (a) Objective. The objective of the Resident Service and Satisfaction Indicator is to measure the level of...


Updating of public housing unit address information. (a) Electronic updating. The survey process for the Resident Service and Satisfaction Indicator is dependent upon...


Distribution of survey to residents. (a) Sampling. A statistically valid number of units will be chosen to receive the Resident Service and Satisfaction Survey. These...


Resident service and satisfaction scoring and thresholds. (a) Scoring. (1) Under the PHAS Indicator 4, REAC will calculate a score based upon two components...


Resident service and satisfaction portion of total PHAS points. Of the total 100 points available for a PHAS score, a PHA may receive up to 10 points based on the...


(a) Fiscal Year reporting period--limitation on changes after PHAS effectiveness. An assessed fiscal year for purposes of the PHAS corresponds to a PHA's fiscal...


(a) Computing the PHAS score. Each of the four PHAS indicators in this part will be scored individually, and then will be used to determine an overall score for the...


A PHA will receive a status designation corresponding to its final PHAS score as follows: (a) High performer. (1) A PHA that achieves a score of at...


results of PHAS Indicators #1 or #4. (a) Request for technical reviews. This section describes the process for requesting and granting technical reviews of...


and appeal. (a) Appeal of troubled designation and petition for removal troubled designation. A PHA may: (1) Appeal its troubled designation (including...


high performers. (a) Incentives for high performer PHAs. A PHA that is designated a high performer will be eligible for the following incentives, and such...


an Area HUB/Program Center. (a) Standard performers will be referred to the HUB/Program Center for appropriate action. (1) A standard performer that receives a...


a Troubled Agency Recovery Center (TARC). (a) General. Upon a PHA's designation of troubled (including troubled in one area), in accordance with the requirements of...


the Departmental Enforcement Center (DEC). (a) Referral of Troubled PHA to the DEC for failing to execute or meet MOA requirements. (1) Failure of a troubled PHA to execute...


(a) Events or conditions that constitute substantial default. The following events or conditions shall constitute substantial default. (1) HUD may...


(a) Interventions under this part (including an assumption of operating responsibilities) may be limited to one or more of a PHA's specific operational areas...


for remedial action. The total number of residents that petition HUD to take remedial action pursuant to sections 6(j)(3)(A) (i) through (iv) of the Act...


Admissions Sec. 903.1 What is the purpose of this subpart? Sec. Subpart A_Deconcentration of Poverty and Fair Housing in Program ...


Admissions Sec. 903.2 With respect to admissions, what must a PHA do to deconcentrate poverty in its developments and comply with fair housing requirements? ...


(a) This subpart specifies the requirements for PHA plans, required by section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c- 1). ...


agency plans? (a) Types of plans. There are two public housing agency plans. They are: (1) The 5-Year Plan (the 5-Year Plan) that a public housing agency...


to HUD? (a) 5-Year Plan. (1) The first PHA fiscal year that is covered by the requirements of this part as amended on December 22, 2000, is the PHA fiscal year...


PHA provide in the 5-Year Plan? (a) A PHA must include in its 5-Year Plan a statement of: (1) The PHA's mission for serving the needs of low-income, very low- income...


PHA provide in the Annual Plan? With the exception of the first Annual Plan submitted by a PHA, the Annual Plan must include the information provided in this section....


in the Annual Plan of a troubled PHA? HUD may request that a PHA that is at risk of being designated as troubled or is designated as troubled in...


submit a streamlined Annual Plan? (a) Yes, the following PHAs may submit a streamlined Annual Plan, as described in paragraph (b) of this section: (1) PHAs that...


Plan requirements for small PHAs? (a) General. PHAs with less than 250 public housing units (small PHAs) and that have not been designated as troubled (see...


Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this...


the public housing agency plans to the Consolidated Plan? (a) The PHA must ensure that the Annual Plan is consistent with any applicable Consolidated Plan for...


public comment on the plans? (a) The PHA's board of directors or similar governing body must conduct a public hearing to discuss the PHA plan (either the 5-Year...


Annual Plan ready for submission to HUD? A PHA may adopt its 5-Year Plan or its Annual Plan and submit the plan to HUD for approval only after: (a) The PHA...


modify a plan? (a) A PHA, after submitting its 5-Year Plan or Annual Plan to HUD, may amend or modify any PHA policy, rule, regulation or other aspect of the plan. If...


HUD reviews, approves, or disapproves an Annual Plan? (a) Review of the plan. When the PHA submits its Annual Plan to HUD, including any significant amendment...


with its plan? A PHA must comply with the rules, standards and policies established in the plans. To ensure that a PHA is in compliance with all policies,...


Introduction. Subpart A--Introduction to Low-Rent Housing Homeownership Opportunity Program [Reserved] [[Page 309]] ...


Definitions. (a) The term common property means the nondwelling structures and equipment, common areas, community facilities, and in some cases certain...


Development. (a) Financial framework. The LHA shall finance development or acquisition by sale of its notes (bond financing shall not be used) in the amount of...


Eligibility and selection of homebuyers. (a) Announcement of availability of housing; fair housing marketing. (1) The availability of housing under Turnkey III shall...


Counseling of homebuyers. The LHA shall provide counseling and training as provided in subpart C of this part, with funding as provided in Sec. 904.206 of this...


Homebuyers Association (HBA). An HBA is an incorporated organization composed of all the families who are entitled to occupancy pursuant to a Homebuyers...


Responsibilities of homebuyer. (a) Repair, maintenance and use of home. The homebuyer shall be responsible for the routine maintenance of the home to the...


Break-even amount. (a) Definition. The term ``break-even amount'' as used herein means the minimum average monthly amount required to provide funds for the items...


Monthly operating expense. (a) Definition and categories of monthly operating expense. The term ``monthly operating expense'' means the monthly amount needed for...


Earned Home Payments Account (EHPA) (a) Credits to the account. The LHA shall establish and maintain a separate EHPA for each homebuyer. Since the homebuyer...


Nonroutine Maintenance Reserve (NRMR). (a) Purpose of reserve. The LHA shall establish and maintain a separate NRMR for each home, using a portion of the...


Operating reserve. (a) Purpose of reserve. To the extent that total operating receipts (including subsidies for operations) exceed total operating expenditures...


Achievement of ownership by initial homebuyer. (a) Determination of initial purchase price. The LHA shall determine the initial purchase price of the home by two...


Payment upon resale at profit. (a) Promissory note. (1) When a homebuyer achieves ownership (regardless of whether ownership is achieved under Sec. 904.113 or...


Achievement of ownership by subsequent homebuyers. (a) Definition. In the event the initial homebuyer and his family vacate the home before having acquired ownership,...


Transfer of title to homebuyer. When the homebuyer is to obtain ownership as described in Sec. 904.113 or Sec. 904.115, a closing date shall be mutually agreed upon...


Responsibilities of homebuyer after acquisition of ownership. After acquisition of ownership, each homeowner shall be required to pay to the LHA or to the...


Homeowners association--planned unit development (PUD). If the development is organized as a planned unit development: (a) Ownership and maintenance of...


Homeowners association--condominium. If the development is organized as a condominium: (a) The LHA at the outset shall own each condominium unit and its...


Relationship of homeowners association to HBA. The HBA and the LHA may make arrangements to permit homebuyers to participate in homeowners association matters which...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR904.121] [Page 327] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 904_LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES--Table of Contents Subpart B_Turnkey III Program Description Sec. 904.121 Use of appendices. Use of the following Appendices is mandatory for Projects developed under this subpart: ...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR904.121] [Page 327] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 904_LOW RENT HOUSING HOMEOWNERSHIP OPPORTUNITIES--Table of Contents Subpart B_Turnkey III Program Description Sec. 904.121 Use of appendices. Use of the following Appendices is mandatory for Projects developed under this subpart: ...
...


Purpose. The purpose of the counseling and training program shall be to assure that the homebuyers, individually and collectively through their...


Objectives. The counseling and training program should seek to achieve the following objectives: (a) Enable the potential homebuyer to have a full...


Planning. (a) The counseling and training program shall be flexible and responsive to the needs of each prospective homebuyer. While many subjects lend themselves...


General requirements and information. (a) The counseling and training program shall be designed to meet the needs of the homebuyers and be sufficiently flexible...


Training methodology. Equal in importance to the content of the pre- and post-occupancy training is the training methodology. Because groups vary, there should...


Funding. (a) Source of funds. For purpose of funding counseling and training pursuant to this subpart and for establishing the HBA, the LHA shall include...


Use of appendix. A Content Guide for Counseling and Training Program (Appendix I) is provided as further detailed information for consideration in designing...


Purpose. (a) It is essential that the homebuyers have an organized vehicle for pursuing their common interests, for effectively representing the needs of...


Membership. Every family entitled to occupancy pursuant to a Homebuyers Ownership Opportunity Agreement and every family which is a homeowner shall automatically be...


Organizing the HBA. (a) The HBA should be organized and incorporated as early in the life of the development as is feasible, in order to allow selected homebuyers...


Functions of the HBA. (a) Subject to possible variations agreed to by the HBA and approved by HUD, the functions of the HBA shall include the following: ...


Funding of HBA. (a) In addition to providing the HBA with noncash contributions such as office space and duplicating services, the LHA shall make cash...


Performing management services. The LHA may also contract with the HBA to perform some or all of the functions of project management for which the HBA may be better...


Alternative to HBA. Where the homes are on scattered sites (noncontiguous lots throughout a multi-block area, with no common property), or where the number of homes...


Relationship with homeowners association. The HBA and the homeowners association are, in legal terms, separate and distinct organizations with different functions....


Relationship with homeowners association. The HBA and the homeowners association are, in legal terms, separate and distinct organizations with different functions....
...


Fund formula (CFF). 905.120 Penalties for slow obligation or expenditure of CFP assistance. Authority: 42 U.S.C. 1437g and 3535(d). Source: 65 FR...


In addition to any other statutory, regulatory, or contractual sanctions available to HUD, the penalties for slow obligation or expenditure of CFP assistance will...


Subpart A_General Sec. 906.1 Purpose. 906.2 Definitions. 906.3 Requirements applicable to homeownership programs...


Annual Contributions Contract (ACC) is defined in 24 CFR 5.403. Low-income family is defined in the 1937 Act, 42 U.S.C. 1437a(b)(2). Non-public housing unit means a...


homeownership programs previously approved by HUD. (a) Any existing section 5(h) or Turnkey III homeownership program continues to be governed by the...


and types of assistance that a PHA may make available under a homeownership program under this part. (a) A homeownership program under this part may provide for...


that a property offered for sale under this part must meet. (a) Property standards. A property offered for sale under a homeownership program must meet...


and encumbrances on properties sold under a homeownership program. (a) If the property is subject to indebtedness under the Annual Contributions Contract...


Entities that purchase units from the PHA for resale to low-income families (purchase and resale entities or PREs) and low-income families are eligible...


first refusal. (a) In selling a public housing unit under a homeownership program, the PHA or PRE must initially offer the unit to the resident occupying the unit, if...


to a family purchasing a property under a homeownership program. (a) Low-income requirement. Except in the case of a PHA's offer of first refusal to...


homeownership applications. Families who are interested in purchasing a unit must submit applications to the PHA or PRE for that specific purpose, and...


to a purchase and resale entity (PRE). (a) In general. In the case of a purchase of units for resale to low-income families by a PRE, the PHA must have an...


to non-purchasing public housing residents. (a) If a public housing resident does not exercise the right of first refusal under Sec. 906.13, and the...


to non-purchasing residents of housing other than public housing. Residents of non-public housing that would be displaced by a homeownership program...


that may be conveyed to a purchaser. A homeownership program may provide for sale to the purchasing family of any ownership interest that the PHA considers...


to net proceeds on the sale of a property acquired through a homeownership program. (a) Where the family has owned a unit under this part, the...


and financing. A homeownership plan may provide for below-market purchase prices or below-market financing to enable below-market purchases, or a combination...


to net proceeds resulting from sale. (a) PHA use of net proceeds. The PHA must use any net proceeds of any sales under a homeownership program remaining...


recordkeeping requirements. The PHA is responsible for the maintenance of records (including sale and financial records) for all activities incident to...


section 18 of the United States Housing Act of 1937. The provisions of section 18 of the 1937 Act (42 U.S.C. 1437p) do not apply to disposition of public...


HUD wage rate requirements. (a) Wage rates applicable to laborers and mechanics. Wage rate requirements in accordance with Sec. 968.110(e) of this title apply to...


Requirement of HUD approval to implement a homeownership program under this part. A PHA must obtain HUD approval before implementing a...


Contents of a homeownership program. A homeownership program must include the following matters, as applicable to the particular factual situation: (a) Method of...


Supporting documentation. The following supporting documentation must be submitted to HUD with the proposed homeownership program, as appropriate for the...


Additional supporting documentation for acquisition of non-public housing for homeownership. (a) Proposal contents. The PHA must submit an acquisition proposal to the...


PHA is to submit a homeownership program for HUD approval. A PHA must submit its proposed homeownership program together with supporting documentation, in a format...


for reviewing a proposed homeownership program. HUD will use the following criteria in reviewing a homeownership program: (a) Feasibility. The program must...


Environmental requirements. (a) General. HUD environmental regulations at 24 CFR part 58 apply to this part, unless, under Sec. 58.11 of this title, HUD itself performs...


implementing agreement. HUD may approve a homeownership program as submitted, conditionally approve it under Sec. 906.47(e), or return it to the PHA for...


RENTAL VOUCHER, AND MODERATE REHABILITATION PROGRAMS--Table of Contents Sec. 908.101 Purpose. 908.104 Requirements. 908.108...


that currently use automated software packages to transmit Forms HUD-50058 and HUD-50058-FSS information by tape or diskette to the Department's data processing...


of the correctly formatted data, including either the purchase and maintenance of computer hardware or software, or both, the cost of contracting for those...


an HA an extension of time, of a reasonable period, for implementation of the requirements of Sec. 908.104, if it determines that such electronic submission is...


Subpart A_General Sec. 941.101 Purpose and scope. 941.102 Development methods and funding. 941.103 Definitions. ...


funding. (a) Methods. A PHA may use any generally accepted method of development including, but not limited to, conventional, turnkey, acquisition with or...


The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR part 5. Act. The U.S. Housing Act of 1937 (42 U.S.C. 1437). Additional Project Costs (APC) means...


(a) General. In order to participate in the public housing program, a PHA must be approved as an eligible PHA. HUD will determine eligibility based on...


neighborhood standards. Proposed sites for public housing projects to be newly constructed or rehabilitated must be approved by the field office as meeting the...


construction standards. (a) Physical structures shall be designed, constructed and equipped so as to improve or harmonize with the neighborhoods they occupy,...


(a) ACC requirements. In order to be considered as eligible project expenses, all development related contracts entered into by the PHA shall provide for...


and acquisition. (a) Minimizing displacement. Consistent with the other goals and objectives of this part, the PHA shall assure that it has taken...


requirements. (a) General. The PHA shall be subject to all statutory, regulatory, and executive order requirements applicable to public housing development (see,...


All PHAs that receive funds under this part for the development of low-income housing shall comply with audit requirements in 24 CFR part 44. [50 FR 39092, Sept....


Source: 61 FR 38018, July 22, 1996, unless otherwise noted. If funding is made available for public housing development, HUD will provide information about...


drawdowns and advances. (a) A PHA wishing to develop public housing shall execute an ACC or ACC amendment covering the entire amount of reserved development...


When a PHA determines that it is necessary to acquire land for development through new construction, it may spend funds authorized under this part to...


Each full proposal shall include at a minimum the following: (a) Project description. A description of the housing, including the number of units,...


approval. (a) Standards. HUD shall review the full proposal, submitted in accordance with Sec. 941.304, and the site acquisition proposal, submitted in...


(a) Calculation of maximum project cost. The maximum project cost represents the total amount of public housing capital assistance used in connection with...


Source: 61 FR 38020, July 22, 1996, unless otherwise noted. (a) Applicability. The provisions of this section apply to projects being...


(a) Compliance with HUD construction standards and Federal procurement requirements. (1) General. A PHA may certify that its proposed design...


and contract settlement. (a) Notification of completion. The contractor or developer shall notify the PHA in writing when the contract work, including any...


(a) When all development has been completed and paid for, but not later than 12 months after the end of the initial operating period unless a longer period...


performance; sanctions. (a) HUD determination. HUD shall carry out such reviews of the performance of each PHA as may be necessary or appropriate to make...


of Public Housing Units Sec. 941.600 Purpose. Source: 61 FR 19714, May 2, 1996, unless otherwise noted. (a)(1) This subpart authorizes a PHA to...


of Public Housing Units Sec. 941.602 Applicability of other requirements. (a) Relationship of this subpart to other requirements in 24 CFR part 941....


of Public Housing Units Sec. 941.604 Definitions. In addition to the definitions set forth in Sec. 941.602(a)(1), the following definitions are...


of Public Housing Units Sec. 941.606 Proposal. Each proposal shall be prepared in the form prescribed by HUD and shall include some or all of the...


of Public Housing Units Sec. 941.608 Technical processing and approval. (a) Initial screening. HUD shall perform an initial screening to determine that...


of Public Housing Units Sec. 941.610 Evidentiary materials and other documents. (a) Submission of documents. As a condition of the release of grant...


of Public Housing Units Sec. 941.612 Disbursement of grant funds. (a) Front-end drawdowns. A PHA may request front-end assistance for both scattered...


of Public Housing Units Sec. 941.614 HUD monitoring and review. HUD shall monitor and review the implementation of the PHA's approved proposal in...


of Public Housing Units Sec. 941.616 Sanctions. In the event the public housing units that are proposed to be developed under this subpart are not developed...


What is the purpose of this part? Subpart A_General Sec. 943.100 What is the purpose of this part? ...


What programs are covered under this subpart? (a) Except as provided in paragraph (b) of this section, this subpart applies to the following: (1) PHA...


What is a consortium? A consortium consists of two or more PHAs that join together to perform planning, reporting, and other administrative or management functions...


What programs of a PHA are included in a consortium's functions? (a) A PHA may enter a consortium under this subpart for administration of any of the following...


How is a consortium organized? (a) PHAs that elect to form a consortium enter into a consortium agreement among the participating PHAs, specifying a lead agency (see...


What elements must a consortium agreement contain? (a) The consortium agreement among the participating PHAs governs the formation and operation of the consortium. The...


What is the relationship between HUD and a consortium? HUD has a direct relationship with the consortium through the PHA Plan process and through one or more payment...


How does a consortium carry out planning and reporting functions? (a) During the term of the consortium agreement, the consortium must submit joint five-year Plans...


What are the responsibilities of participating PHAs? (a) Responsibilities, generally. Despite participation in a consortium, each participating PHA remains responsible for...


943.140 What programs and activities are covered by this subpart? (a) This subpart applies to the provision of a PHA's public housing administrative...


943.142 In what types of operating organizations may a PHA participate? (a) A PHA may create and operate a wholly owned or controlled subsidiary or...


943.144 What financial impact do operations of a subsidiary, affiliate, or joint venture have on a PHA? Income generated by subsidiaries, affiliates, or...


943.146 What impact does the use of a subsidiary, affiliate, or joint venture have on financial accountability to HUD and the Federal government? ...


943.148 What procurement standards apply to PHAs selecting partners for a joint venture? (a) The requirements of part 85 of this title are applicable to...


943.150 What procurement standards apply to a PHA's joint venture partner? (a) General. A joint venture partner is not a grantee or subgrantee...


943.151 What procurement standards apply to a joint venture itself? (a) When the joint venture as a whole is controlled by the PHA or an identity of...


Subpart A_General Sec. 945.101 Purpose. Subpart A_General Sec. 945.101...


Subpart A_General Sec. 945.103 General policies. (a) Agency participation. Participation in this program is limited to public...


Subpart A_General Sec. 945.105 Definitions. The terms Department, Elderly person, HUD, NAHA, Public Housing Agency (PHA), and...


Subpart B_Application and Approval Procedures Sec. 945.201 Approval to designate housing. (a) Designated housing for elderly families. To designate...


Subpart B_Application and Approval Procedures Sec. 945.203 Allocation plan. (a) Applicable terminology. (1) As used in this section, the terms...


Subpart B_Application and Approval Procedures Sec. 945.205 Designated housing for disabled families. (a) General. (1) In general, HUD will approve...


Subpart C_Operating Designated Housing Sec. 945.301 General requirements. The application procedures and operation of designated projects shall...


Subpart C_Operating Designated Housing Sec. 945.303 Requirements governing occupancy in designated housing. (a) Priority for occupancy. Except as...


Subpart A_General Provisions Sec. 954.1 Overview. 954.2 Definitions. 954.3 Waivers. 954.4 Other Federal requirements. ...


Adjusted income. See 24 CFR part 950. Annual income. See 24 CFR part 950. Area Office of Native American Programs (ONAP). See 24 CFR part 950. Certification means a...


good cause, HUD may waive any provision of this part not required by statute. Each waiver must be in writing and must be supported by documentation of the pertinent...


good cause, HUD may waive any provision of this part not required by statute. Each waiver must be in writing and must be supported by documentation of the pertinent...
...


For each fiscal year, HUD will provide funds for the Indian HOME program, totaling one percent (or such other percentage or amount as authorized by Congress) of the...


Unless HUD determines for administrative convenience based on the amount of HOME funds available to hold a nationwide competition, HOME funds will be allocated to the HUD...


(a) Eligible applicants for HOME funds for Indian tribes are any Indian Tribe, band, group, or nation, including Alaskan Indians, Aleuts, and Eskimos, and any Alaska...


Grantees are not required to submit a housing strategy to receive HOME funds. However, the application must demonstrate how the proposed project(s) will contribute to...


Applicants must have the administrative capacity to undertake the project proposed, including systems of [[Page 421]] internal control necessary...


There are four categories of projects that may be funded under the HOME Indian program: housing rehabilitation; acquisition of housing; new housing construction;...


A NOFA will describe the maximum points for each of the selection criteria and any special factors to be evaluated in awarding points under theselection factors....


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR954.107] [Page 421] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 954_INDIAN HOME PROGRAM--Table of Contents Subpart B_Applying for Assistance Sec. 954.107 Grant conditions. HUD may impose reasonable conditions on grant awards. ...


(a) Grantees shall request prior HUD approval for all project amendments. (b) HUD can approve an amendment to a project if: (1) The amendment is due to factors...


(a) Eligible activities. (1) General. HOME funds may be used by a grantee to provide incentives to develop and support affordable rental housing and...


HOME funds may not be provided to primarily religious organizations, such as churches, for any activity including secular activities. In addition, HOME funds may...


Whenever a grantee makes a determination under this part based on family income or adjusted family income, it must use the definitions of annual income,...


HOME funds may be used to pay the following eligible costs: (a) Development hard costs. The actual cost of constructing or rehabilitating housing. These...


Eligible administrative costs means reasonable and necessary costs, as described in OMB Circular A-87, (available from the Executive Office of the...


assistance. (a) General. A grantee may use HOME funds for tenant-based rental assistance only if the grantee selects families in accordance with written...


as affordable housing and income targeting. (a) Rent limitation. A rental housing project (including the non- owner-occupied units in housing purchased...


as affordable housing. (a) Purchase with or without rehabilitation. Housing that is for purchase by a family qualifies as affordable housing only if...


(a) HOME funds may not be used to-- (1) Provide a project reserve account for replacements, a project reserve account for unanticipated increases in...


The amount of HOME funds that a grantee may invest on a per-unit basis in affordable housing may not exceed the total development cost standard for the area,...


(a) Housing that is assisted with HOME funds, at a minimum, must meet the housing quality standards in Sec. 882.109 of this title. In addition, housing that is...


(a) Lease. The lease between a tenant and an owner of rental housing assisted with HOME funds must be for not less than one year, unless by mutual...


(a) HOME funds will be made available pursuant to a HOME Investment Partnership Agreement. The agreement ensures that HOME funds invested in affordable housing...


agreements; monitoring. (a) Responsibilities. The grantee is responsible for ensuring that HOME funds are used in accordance with all program requirements. The...


requirements. (a) Governmental entities. The requirements of OMB Circular No. A-87 and the following requirements of 24 CFR part 85 apply to the...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR954.503] [Page 432] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 954_INDIAN HOME PROGRAM--Table of Contents Subpart E_Program Administration Sec. 954.503 Audit. Audits of the grantee and subgrantees must be conducted in accordance with 24 CFR parts 44 and 45, as applicable. ...


(a) A grant will be closed out when all the following criteria have been met: (1) All funds to be closed out have been drawn down and expended for completed project costs, or...


(a) General. Each grantee must establish and maintain sufficient records to enable HUD to determine whether the grantee has met the requirements of this part. Records must be...


(a) Management reports. Each grantee must submit management reports on its HOME program in such format and at such time as HUD may prescribe. Each grantee must submit...


reports. A Project Completion Report must be submitted to HUD within 120 days of the final drawdown request for the project. If a satisfactory Project...


(a) General. HUD will review the performance of each grantee in carrying out its responsibilities under this part whenever determined necessary by HUD, but at...


actions. (a) General. HUD will use the procedures in this section in conducting the performance review as provided in Sec. 954.600 and in taking corrective...


hearing; sanctions. (a) If HUD finds after reasonable notice and opportunity for hearing that a grantee has failed to comply with any provision of this part...


960.101 Applicability. Subpart A_Applicability, Definitions, Equal Opportunity Requirements Sec. 960.101...


960.102 Definitions. (a) Definitions found elsewhere: (1) General definitions. The following terms are defined in part 5, subpart A of this title: 1937...


960.103 Equal opportunity requirements. (a) Applicable requirements. The PHA must administer its public housing program in accordance with all applicable...


Source: 66 FR 28799, May 24, 2001, unless otherwise noted. (a) This subpart states HUD eligibility and selection requirements for admission to...


Eligibility. (a) Who is eligible? (1) Basic eligibility. An applicant must meet all eligibility requirements in order to receive housing assistance. At a minimum,...


policies. (a) Selection policies, generally. (1) The PHA shall establish and adopt written policies for admission of tenants. (2) These policies...


PHA tenant selection criteria. (a) The tenant selection criteria to be established and information to be considered shall be reasonably related to individual...


Denial of admission for criminal activity or drug abuse by household members. (a) Required denial of admission. (1) Persons evicted for drug- related criminal activity....


Drug use by applicants: Obtaining information from drug treatment facility. (a) Purpose. This section addresses a PHA's authority to request and obtain information from...


Waiting list: Local preferences in admission to public housing program. (a) Establishment of PHA local preferences. (1) The PHA may adopt a system of local preferences...


applicants. (a) The PHA must promptly notify any applicant determined to be ineligible for admission to a project of the basis for such determination, and...


Choice of rent. Source: 65 FR 16726, Mar. 29, 2000, unless otherwise noted. (a) Rent options. (1) Annual choice by family. Once a year, the PHA must...


Self-sufficiency incentives--Disallowance of increase in annual income. (a) Definitions. The following definitions apply for purposes of this section. ...


Family income and composition: Regular and interim reexaminations. (a) When PHA is required to conduct reexamination. (1) For families who pay an income-based rent,...


Family information and verification. (a) Family obligation to supply information. (1) The family must supply any information that the PHA or HUD determines is necessary...


Restriction on eviction of families based on income. No PHA shall commence eviction proceedings based on the income of the tenant family unless: (a) It has...


Population Projects Sec. 960.401 Purpose. Source: 59 FR 17667, Apr. 13, 1994, unless otherwise noted. This...


Population Projects Sec. 960.403 Applicability. (a) This subpart applies to all dwelling units in mixed population projects (as...


Population Projects Sec. 960.407 Selection preference for mixed population developments. (a) The PHA must give preference to elderly...


960.503 Occupancy by over-income families. Source: 65 FR 16729, Mar. 29, 2000, unless otherwise noted. A PHA that owns or operates fewer than two...


960.505 Occupancy by police officers to provide security for public housing residents. (a) Police officer. For purpose of this subpart E, ``police officer'' means...


Self-Sufficiency Work Activities Sec. 960.600 Implementation. Source: 65 FR 16729, Mar. 29, 2000, unless otherwise noted. PHAs...


Self-Sufficiency Work Activities Sec. 960.601 Definitions. (a) Definitions found elsewhere. (1) General definitions. The following...


Self-Sufficiency Work Activities Sec. 960.603 General requirements. (a) Service requirement. Except for any family member who is an...


Self-Sufficiency Work Activities Sec. 960.605 How PHA administers service requirements. (a) PHA policy. Each PHA must develop a local policy...


Self-Sufficiency Work Activities Sec. 960.607 Assuring resident compliance. (a) Third-party certification. If qualifying activities...


Self-Sufficiency Work Activities Sec. 960.609 Prohibition against replacement of PHA employees. In implementing the service requirement under...


Purpose. Source: 65 FR 42522, July 10, 2000, unless otherwise noted. The purpose of this subpart is, in accordance with section 31 of the United...


Applicability. This subpart applies to public housing as that term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)),...


Animals that assist, support, or provide service to persons with disabilities. (a) This subpart G does not apply to animals that assist, support or provide service...


Pet ownership. (a) Ownership Conditions. A resident of a dwelling unit in public housing, as that term is used in Sec. 960.703, may own one or more common...


Purpose. Subpart A_General Sec. 963.1 Purpose. 963.3 Applicability. 963.5 Definitions. ...


Applicability. The policies and procedures contained in this part apply to public housing developments that are owned by public housing agencies (PHAs) and that...


Definitions. The terms HUD and Public housing agency (PHA) are defined in 24 CFR part 5. Act. The U.S. Housing Act of 1937 (42 U.S.C. 1437). ...


963.10 Eligible resident-owned businesses. To be eligible for the alternative procurement process provided by this part, a business must meet the...


963.12 Alternative procurement process. (a) Method of procurement. In contracting with resident-owned businesses, the PHA shall follow the applicable method...


964.1 Purpose. Subpart A_General Provisions Sec. 964.1 Purpose. 964.3 Applicability and...


964.3 Applicability and scope. (a) The policies and procedures contained in this part apply to any PHA that has a Public Housing Annual Contributions Contract...


964.7 Definitions. Annual Contributions Contract (ACC). A contract (in the form prescribed by HUD) under which HUD agrees to provide financial...


964.11 HUD policy on tenant participation. HUD promotes resident participation and the active involvement of residents in all aspects of a HA's overall...


964.12 HUD policy on the Tenant Opportunities Program (TOP). HUD promotes TOP programs to support activities that enable residents to improve the quality of life...


964.14 HUD policy on partnerships. HUD promotes partnerships between residents and HAs which are an essential component to building, strengthening and...


964.15 HUD policy on resident management. It is HUD's policy to encourage resident management. HUD encourages HAs, resident councils and resident...


964.16 HUD role in activities under this part. (a) General. Subject to the requirements of this part and other requirements imposed on HAs by the ACC, statute...


964.18 HA role in activities under subparts B & C. (a) HAs with 250 units or more. (1) A HA shall officially recognize a duly elected resident council as...


964.24 HUD policy on FIC Program. HUD promotes Family Investment Centers which provide better access to educational and employment opportunities for residents...


964.30 Other Program requirements. In addition to the requirements set forth in 24 CFR part 5, the following Federal requirements apply to this program: ...


964.100 Role of resident council. The role of a resident council is to improve the quality of life and resident satisfaction and participate in...


964.105 Role of the jurisdiction-wide resident council. (a) Jurisdiction-wide resident council. Resident councils may come together to form an organization...


964.115 Resident council requirements. A resident council shall consist of persons residing in public housing and must meet each of the following requirements...


964.117 Resident council partnerships. A resident council may form partnerships with outside organizations, provided that such relationships are...


964.120 Resident management corporation requirements. A resident management corporation must consist of residents residing in public housing and have each of...


964.125 Eligibility for resident council membership. (a) Any member of a public housing household whose name is on the lease of a unit in the public...


964.130 Election procedures and standards. At a minimum, a resident council may use local election boards/ commissions. The resident council shall use...


964.135 Resident involvement in HA management operations. Residents shall be involved and participate in the overall policy development and direction of...


964.140 Resident training. (a) Resident training opportunities. HUD encourages a partnership between the residents, the HA and HUD, as well as with the...


964.145 Conflict of interest. Resident council officers can not serve as contractors or employees if they are in policy making or supervisory positions at...


964.150 Funding tenant participation. (a) Funding duly elected resident councils and jurisdiction wide resident councils. (1) The HA shall provide funds...


964.200 General. (a) The Tenant Opportunities Program (TOP) provides technical assistance for various activities, including but not limited to...


Sec. 964.205 Eligibility. (a) Resident councils/resident management corporations. Any eligible resident council/resident management corporation as defined...


964.210 Notice of funding availability. A Notice of Funding Availability shall be published periodically in the Federal Register containing the amounts...


964.215 Grant agreement. (a) General. HUD shall enter into a grant agreement with the recipient of a technical assistance grant which defines the...


964.220 Technical assistance. (a) Financial assistance. HUD will provide financial assistance, to the extent available, to resident councils or...


Sec. 964.225 Resident management requirements. The following requirements apply when a HA and its residents are interested in providing for resident...


964.230 Audit and administrative requirements. (a) TOP grant recipients. The HUD Inspector General, the Comptroller General of the United States, or any...


Program Sec. 964.300 General. The Family Investment Centers Program provides families living in public housing with better access to educational...


Sec. 964.305 Eligibility. (a) Public Housing Authorities. HAs may apply to establish one or more FICs for more than one public housing development. ...


Sec. 964.308 Supportive services requirements. HAs shall provide new or significantly expanded services essential to providing families in public housing...


Sec. 964.310 Audit/compliance requirements. HAs cannot have serious unaddressed, outstanding Inspector General audit findings or fair housing and...


Sec. 964.315 HAs role in activities under this part. The HAs shall develop a process that assures that RC/RMC representatives and residents are fully...


Sec. 964.320 HUD Policy on training, employment, contracting and subcontracting of public housing residents. In accordance with Section 3 of the Housing...


Sec. 964.325 Notice of funding availability. A Notice of Funding Availability will be published periodically in the Federal Register containing the amounts...


Sec. 964.330 Grant set-aside assistance. The Department may make available five percent (5%) of any amounts available in each fiscal year (subsequent to...


Sec. 964.335 Grant agreement. (a) General. HUD will enter into a grant agreement with the recipients of a Family Investment Centers grant which defines...


Sec. 964.340 Resident compensation. Residents employed to provide services or renovation or conversion work funded under this program shall be paid at a...


Sec. 964.345 Treatment of income. Program participation shall begin on the first day the resident enters training or begins to receive services....


Sec. 964.350 Administrative requirements. The HUD Inspector General, the Comptroller General of the United States, or any duly authorized representative...


964.400 Purpose. Source: 64 FR 56879, Oct. 21, 1999, unless otherwise noted. The purpose of this subpart is to implement section 2(b) of...


964.405 Applicability. (a) General. Except as described in paragraph (b) of this section, this subpart applies to any public housing agency that has a...


964.410 Additional definitions. The following additional definitions apply to this subpart only: Directly assisted. Directly assisted means a public...


964.415 Resident board members. (a) General. Except as provided in Sec. Sec. 964.405(b) and 964.425, the membership of the governing board of each public...


964.420 Resident board member may be elected. (a) General. Residents directly assisted by a public housing agency may elect a resident board member if...


964.425 Small public housing agencies. (a) General. The requirements of this subpart do not apply to any public housing agency that: (1) Has less than...


964.430 Nondiscrimination. (a) Membership status.--(1) General. A resident board member is a full member of the governing board. (2)...


965.101 Preemption of State prevailing wage requirements. Subpart A_Preemption of State Prevailing Wage Requirements Sec. 965.101...


Purpose and applicability. Source: 58 FR 51957, Oct. 5, 1993, unless otherwise noted. (a) Purpose. The purpose of this subpart is to implement...


Qualified PHA-owned insurance entity. (a) Contractual requirements for insurance coverage. The Annual Contributions Contract (ACC) between PHAs and the U.S....


Lead-based paint liability insurance coverage. (a) General. The purpose of this section is to specify what HUD deems reasonable insurance coverage with respect to...


965.301 Purpose and applicability. Source: 61 FR 7969, Feb. 29, 1996, unless otherwise noted. (a) Purpose. The purpose of this subpart C is to...


Requirements for energy audits. All PHAs shall complete an energy audit for each PHA-owned project under management, not less than once every five years....


Order of funding. Within the funds available to a PHA, energy conservation measures should be accomplished with the shortest pay-back periods funded first....


Funding. (a) The cost of accomplishing cost-effective energy conservation measures, including the cost of performing energy audits, shall be funded...


Energy conservation equipment and practices. In purchasing original or, when needed, replacement equipment, PHAs shall acquire only equipment that meets or...


Compliance schedule. All energy conservation measures determined by energy audits to be cost effective shall be accomplished as funds...


Energy performance contracts. (a) Method of procurement. Energy performance contracting shall be conducted using one of the following methods of procurement: ...


Projects Sec. 965.401 Individually metered utilities. Source: 61 FR 7970, Feb. 29, 1996, unless otherwise noted. (a)...


Projects Sec. 965.402 Benefit/cost analysis. (a) A benefit/cost analysis shall be made to determine whether a change from...


Projects Sec. 965.403 Funding. The cost to change mastermeter systems to individual metering of resident consumption, including...


Projects Sec. 965.404 Order of conversion. Conversions to individually metered utility service shall be accomplished in...


Projects Sec. 965.405 Actions affecting residents. (a) Before making any conversion to retail service, the PHA shall adopt...


Projects Sec. 965.406 Benefit/cost analysis for similar projects. PHAs with more than one project of similar design and...


Projects Sec. 965.407 Reevaluations of mastermeter systems. Because of changes in the cost of utility services and the periodic...


Applicability. Source: 61 FR 7971, Feb. 29, 1996, unless otherwise noted. (a) This subpart E applies to public housing, including the Turnkey...


Establishment of utility allowances by PHAs. (a) PHAs shall establish allowances for PHA-furnished utilities for all checkmetered utilities and allowances...


Categories for establishment of allowances. Separate allowances shall be established for each utility and for each category of dwelling units determined by the PHA to...


Period for which allowances are established. (a) PHA-furnished utilities. Allowances will normally be established on a quarterly basis; however, residents may...


Standards for allowances for utilities. (a) The objective of a PHA in designing methods of establishing utility allowances for each dwelling unit category and...


Surcharges for excess consumption of PHA-furnished utilities. (a) For dwelling units subject to allowances for PHA-furnished utilities where checkmeters have...


Review and revision of allowances. (a) Annual review. The PHA shall review at least annually the basis on which utility allowances have been established and,...


Individual relief. Requests for relief from surcharges for excess consumption of PHA- purchased utilities, or from payment of utility supplier billings in excess...


Requirements Sec. 965.601 Physical condition standards; physical inspection requirements. Housing owned or leased by a PHA, and...


Lead-based paint poisoning prevention. The requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based...


Applicability. Source: 57 FR 33853, July 30, 1992, unless otherwise noted. This subpart applies to all PHA-owned or -leased housing housing, including Mutual...


Smoke detectors. (a) Performance requirement. (1) After October 30, 1992, each unit covered by this subpart must be equipped with at least one battery- operated...


Purpose and applicability. Subpart A_Dwelling Leases, Procedures and Requirements Sec. 966.1 Purpose and...


Definitions. The following terms are defined in part 5, subpart A of this title: 1937 Act, covered person, drug, drug-related criminal activity, federally...


Tenants' opportunity for comment. Each PHA shall provide at least 30 days notice to tenants and resident organizations setting forth proposed changes in the lease...


Tenants' opportunity for comment. Each PHA shall provide at least 30 days notice to tenants and resident organizations setting forth proposed changes in the lease...
...


Posting of policies, rules and regulations. Schedules of special charges for services, repairs and utilities and rules and regulations which are required to...


Prohibited lease provisions. Lease clauses of the nature described below shall not be included in new leases between a PHA and a tenant and shall be deleted from...


Accommodation of persons with disabilities. (a) For all aspects of the lease and grievance procedures, a handicapped person shall be provided reasonable...


Purpose and scope. Source: 40 FR 33406, Aug. 7, 1975, unless otherwise noted. Redesignated at 49 FR 6714, Feb. 23, 1984. The purpose of this subpart is...


Applicablity. (a)(1) The PHA grievance procedure shall be applicable (except as provided in paragraph (a)(2) of this section) to all individual grievances as...


Requirements. (a) Each PHA shall adopt a grievance procedure affording each tenant an opportunity for a hearing on a grievance as defined in Sec. 966.53...


Definitions. For the purpose of this subpart, the following definitions are applicable: (a) Grievance shall mean any dispute which a tenant may have...


Informal settlement of grievance. Any grievance shall be personally presented, either orally or in writing, to the PHA office or to the office of the project in which...


Procedures to obtain a hearing. (a) Request for hearing. The complainant shall submit a written request for a hearing to the PHA or the project office within...


Procedures governing the hearing. (a) The hearing shall be held before a hearing officer or hearing panel, as appropriate. [[Page 496]] (b)...


Decision of the hearing officer or hearing panel. (a) The hearing officer or hearing panel shall prepare a written decision, together with the reasons therefor,...


Subpart A_General Sec. 968.101 Purpose and applicability. 968.102 Special requirements for Turnkey...


Turnkey III developments. (a) Modernization Costs. Modernization work on a Turnkey III unit shall not increase the purchase price or amortization period of...


section 14. (a) General. This section describes the process for allocating modernization funds to the aggregate of PHAs and IHAs participating in the CIAP and...


disasters. (a) Emergencies--(1) Eligibility for assistance. A PHA (including a PHA that has been designated as mod troubled under PHMAP) may obtain funds at...


The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR part 5. Act. The United States Housing Act of 1937, as amended, (42 U.S.C. 1437 et seq.). ...


real property acquisition. (a) Minimizing displacement. Consistent with the other goals and objectives of this part, PHAs must assure that they have taken...


In addition to the Federal requirements set forth in 24 CFR part 5, the PHA shall comply with the following program requirements: (a) Nondiscrimination and...


(a) General. A PHA may use financial assistance received under this part for the following eligible costs: (1) For a CGP PHA, the eligible costs...


standards. All improvements funded under this part shall: (a) Meet the modernization standards as prescribed by HUD; (b) Incorporate...


(a) For both CIAP and CGP, a PHA may undertake the activities using force account labor, only where specifically approved by HUD in the CIAP budget or CGP Annual...


After HUD has approved the modernization program and entered into an ACC amendment with the PHA, a PHA shall undertake the modernization activities...


To draw down modernization funds against the approved CIAP budget or CGP Annual Statement, a PHA shall comply with requirements prescribed by HUD. [61 FR 8741, Mar....


In addition to the requirements specified in 24 CFR parts 5, 85, and 965, subpart A, and Sec. 968.110(e), the following provisions apply: (a)...


It is the responsibility of the PHA, not HUD, to provide, by contract or otherwise, adequate and competent supervisory and inspection personnel during modernization,...


(a) Actual modernization cost certificate (AMCC). Upon expenditure by the PHA of all funds, or termination by HUD of the activities funded in a modernization program, a PHA...


Own or Operate Fewer Than 250 Units) Sec. 968.205 Definitions. Source: 61 FR 8741, Mar. 5, 1996, unless otherwise noted. In addition to...


Own or Operate Fewer Than 250 Units) Sec. 968.210 Procedures for obtaining approval of a modernization program. (a) HUD notification. After modernization funds for...


Own or Operate Fewer Than 250 Units) Sec. 968.215 Resident and homebuyer participation. A PHA shall establish a Partnership Process, as defined in Sec. 968.105,...


Own or Operate Fewer Than 250 Units) Sec. 968.225 Budget revisions. (a) A PHA shall not incur any modernization cost in excess of the total HUD-approved CIAP...


Own or Operate Fewer Than 250 Units) Sec. 968.230 Progress reports. For each six-month period ending March 31 and September 30, until completion of the...


Own or Operate Fewer Than 250 Units) Sec. 968.235 Time extensions. A PHA shall not obligate or expend funds after the obligation or expenditure deadline...


Own or Operate Fewer Than 250 Units) Sec. 968.240 HUD review of PHA performance. HUD shall periodically review PHA performance in carrying out its...


or More Public Housing Units) Sec. 968.305 Definitions. Source: 57 FR 5575, Feb. 14, 1992, unless otherwise noted. In addition to...


or More Public Housing Units) Sec. 968.310 Determination of formula amount. (a) Submission of formula characteristics report--(1) Formula...


or More Public Housing Units) Sec. 968.315 Comprehensive Plan (including five-year action plan). (a) Submission. As soon as possible after modernization...


or More Public Housing Units) Sec. 968.320 HUD review and approval of comprehensive plan (including five-year action plan). (a) Submission of...


or More Public Housing Units) Sec. 968.325 Annual submission of activities and expenditures. (a) General. The Annual Submission is a collective term for...


or More Public Housing Units) Sec. 968.330 PHA performance and evaluation report. For any FFY in which a PHA has received assistance under this subpart,...


or More Public Housing Units) Sec. 968.335 HUD review of PHA performance. (a) HUD determination. At least annually, HUD shall carry out such reviews of...


Source: 59 FR 30478, June 13, 1994, unless otherwise noted. To request funds against the total approved vacancy reduction program budget, a PHA must...


Each grantee shall provide, by contract or otherwise, adequate and competent supervisory and inspection personnel to assure work quality and...


completion schedule. (a) Reports required. Until completion of the activities funded under the vacancy reduction program, the grantee shall submit to HUD, in a...


grantee performance. (a) Performance reviews. HUD shall carry out such reviews of the performance of each funded PHA as may be necessary or appropriate...


(a) Requirements for grantees. Upon completion of the activities funded in accordance with this part, the grantee shall submit to HUD, and in a form prescribed by...


In addition to the program requirements applicable to this subpart under Sec. 968.110, each PHA participating in the vacancy reduction program under...


Applicability. 969.103 Definitions. 969.104 Continuing eligibility for operating subsidy. 969.105 Extension of ACC...


This part applies to any low-income public housing project that is owned by a Public Housing Agency (PHA), including any Turnkey III housing, and is subject to an...


(a) ``ACC expiration date'' means the last day of the term during which a particular public housing project is subject to all or any of the provisions of the...


for operating subsidy. Until and after the Debt Service Completion Date for any project, HUD shall pay Operating Subsidy with respect to such project only...


ACC upon payment of operating subsidy. (a) ACC amendment. As a condition for the first HUD approval for payment of Operating Subsidy with respect to the projects under...


in absence of current operating subsidy. Where Operating Subsidy under an ACC is not approved for payment during a time period which results in extension of the term...


demolition or disposition before ACC expiration. This part is not intended to preclude or restrict the demolition or disposition of a project pursuant to HUD...


Applicability. 970.3 Definitions. 970.4 General requirements for HUD approval of applications for demolition or...


(a) This part applies to public housing projects that are owned by public housing agencies (PHAs) and that are subject to Annual Contributions Contracts (ACCs) under the Act. It...


Act means the United States Housing Act of 1937. Chief Executive Officer of a unit of general local government means the elected official or the legally designated official, who...


of applications for demolition or disposition. HUD will not approve an application for demolition or disposition unless: (a) The application has...


(a) Relocation of displaced tenants on a nondiscriminatory basis. Tenants who are to be displaced as a result of demolition or disposition must be offered opportunities...


demolition requests. In addition to other applicable requirements of this part, HUD will not approve an application for demolition unless HUD determines that one...


of disposition requests. (a) In addition to other applicable requirements of this part, HUD will not approve a request for disposition unless HUD determines...


Written approval by HUD shall be required before the PHA may undertake any transaction involving demolition or disposition. To request approval, the PHA shall...


proceeds. (a) Where HUD approves the disposition of real property of a project, in whole or in part, the PHA shall dispose of it promptly by public solicitation of bids...


displaced tenants. Where HUD has approved demolition of a project, or a portion of a project, and the proposed action is part of a modernization program under...


(a) One-for-one replacement. HUD may not approve an application or furnish assistance under this part unless the PHA submitting the application for demolition...


to approval. A PHA may not take any action to demolish or dispose of a public housing project or a portion of a public housing project without obtaining HUD...


to purchase. (a) Applicability. (1) This section applies to applications for demolition or disposition of a development which involve dwelling units,...


(a) After HUD approval of demolition or disposition of all or part of a project, the PHA shall keep the appropriate HUD Field Office informed of significant actions in carrying...


Standards for identifying developments. 971.5 Long-term viability. 971.7 Plan for removal of units from public...


identifying developments. (a) PHAs shall use the following standards for identifying developments or portions thereof which are subject to section 202's...


(a) Reasonable investment. (1) Proposed revitalization costs for viability must be reasonable. Such costs must not exceed, and ordinarily would be...


removal of units from public housing inventories. (a) Time frames. Section 202 is a continuing requirement, and the Secretary will establish time frames for submission...


government consultation. (a) PHAs are required to proceed in consultation with affected public housing residents. PHAs must provide copies of their...


developments. Developments with HOPE VI implementation grants that have approved HOPE VI revitalization plans will be treated as having shown the ability to...


authority. Section 202 provides HUD authority to ensure that certain distressed developments are properly identified and removed from PHA...


972.100 Purpose. Subpart A_Required Conversion of Public Housing Developments Purpose; Definition...


972.103 Definition of ``conversion.'' For purposes of this subpart, the term ``conversion'' means the removal of public housing units from the inventory of...


972.106 Procedure for required conversion of public housing developments to tenant-based assistance. (a) A PHA must annually review its public housing...


972.109 Conversion of developments. (a)(1) The PHA may proceed to convert the development covered by a conversion plan after receiving written approval from...


972.112 Relationship between required conversion and demolition/disposition requirements. (a) Section 18 of the United States Housing Act of 1937 does...


972.115 Relationship between required conversions and HOPE VI developments. HUD actions to approve or deny proposed HOPE VI revitalization plans must...


972.118 Applicability of Uniform Relocation Act. To the extent that tenants are displaced as a direct result of the demolition, acquisition, or rehabilitation...


972.121 Developments subject to this subpart. (a) This subpart is applicable to any development not identified before October 21, 1998, for conversion, or...


972.124 Standards for identifying public housing developments subject to required conversion. The development, or portions thereof, must be converted if...


972.127 Standards for determining whether a property is viable in the long term. In order for a property to meet the standard of long-term viability,...


972.130 Conversion plan components. (a) With respect to any development that is identified under Sec. Sec. 972.121 through 972.127, the PHA generally...


972.133 Public and resident consultation process for developing a conversion plan. (a) The PHA must consult with appropriate public officials and with...


972.136 Timing of submission of conversion plans to HUD. The requirements of this section are on-going requirements. If the PHA must submit a plan...


972.139 HUD actions with respect to required conversions. (a) HUD will take appropriate steps to ensure that distressed developments subject to this...


972.200 Purpose. Source: 68 FR 54619, Sept. 17, 2003, unless otherwise noted. Purpose; Definition of Conversion ...


972.203 Definition of ``conversion.'' For purposes of this subpart, the term ``conversion'' means the removal of public housing units from the inventory of...


972.206 Required initial assessments. (a) General. A PHA must conduct a required initial assessment (which consists of the certification described in...


972.209 Procedure for voluntary conversion of public housing developments to tenant-based assistance. A PHA that wishes to convert a public...


972.212 Timing of voluntary conversion. (a) A PHA may proceed to convert a development covered by a conversion plan only after receiving written approval of...


972.215 Applicability of the Uniform Relocation Act. To the extent that tenants are displaced as a direct result of the demolition, acquisition,...


972.218 Conversion assessment components. The conversion assessment contains five elements, as described below: (a) Cost analysis. A PHA...


972.221 Timing of submission of conversion assessments to HUD. (a) Submission with PHA Plan. A PHA that wishes to convert a public housing development...


972.224 Necessary conditions for HUD approval of conversion. (a) Conditions. In order to convert a public housing development, the PHA must conduct...


972.227 Public and resident consultation process for developing a conversion plan. (a) A conversion plan must be developed in consultation with...


972.230 Conversion plan components. A conversion plan must: (a) Describe the conversion and future use or disposition of the public...


972.233 Timing of submission of conversion plans to HUD. A PHA that wishes to convert a public housing project to tenant- based assistance must submit...


972.236 HUD process for approving a conversion plan. Although a PHA will submit its conversion plan to HUD as part of the PHA Annual Plan, the conversion...


972.239 HUD actions with respect to a conversion plan. (a) When a PHA submits a conversion plan to HUD, HUD will review it to determine whether: (1)...


982.1 Programs: purpose and structure. Subpart A_General Information Sec. 982.1 Programs: Purpose...


982.2 Applicability. (a) Part 982 is a unified statement of program requirements for the tenant-based housing assistance programs under Section 8 of the...


982.3 HUD. The HUD field offices have been delegated responsibility for day-to- day administration of the program by HUD. In exercising these functions,...


982.4 Definitions. (a) Definitions found elsewhere: (1) General definitions. The terms 1937 Act, HUD, and MSA, are defined in 24 CFR part 5,...


982.5 Notices required by this part. Where part 982 requires any notice to be given by the PHA, the family or the owner, the notice must be...


Program Sec. 982.51 PHA authority to administer program. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. (a) The PHA must...


Program Sec. 982.52 HUD requirements. (a) The PHA must comply with HUD regulations and other HUD requirements for the program. HUD requirements are...


Program Sec. 982.53 Equal opportunity requirements. (a) The tenant-based program requires compliance with all equal opportunity requirements imposed...


of Program Sec. 982.54 Administrative plan. (a) The PHA must adopt a written administrative plan that establishes local policies for administration of...


Funding Sec. 982.101 Allocation of funding. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. (a) Allocation of funding. HUD...


Funding Sec. 982.102 Allocation of budget authority for renewal of expiring consolidated ACC funding increments. (a) Applicability. This section applies to...


Funding Sec. 982.103 PHA application for funding. (a) a PHA must submit an application for program funding to HUD at the time and place and in the form required...


Funding Sec. 982.104 HUD review of application. (a) Competitive funding under NOFA. For competitive funding under a NOFA, HUD must evaluate an application...


of Program Sec. 982.151 Annual contributions contract. Source: 60 FR 34695, July 3, 1995, unless...


Administration of Program Sec. 982.152 Administrative fee. (a) Purposes of administrative fee. (1) HUD may...


of Program Sec. 982.153 PHA responsibilities. The PHA must comply with the consolidated ACC, the application,...


of Program Sec. 982.154 ACC reserve account. (a) HUD may establish and maintain an unfunded reserve account...


Administration of Program Sec. 982.155 Administrative fee reserve. (a) The PHA must maintain an administrative fee...


of Program Sec. 982.156 Depositary for program funds. (a) Unless otherwise required or permitted by HUD, all...


of Program Sec. 982.157 Budget and expenditure. (a) Budget submission. Each PHA fiscal year, the PHA must submit...


Administration of Program Sec. 982.158 Program accounts and records. (a) The PHA must maintain complete and accurate accounts...


of Program Sec. 982.159 Audit requirements. (a) The PHA must engage and pay an independent public accountant...


of Program Sec. 982.160 HUD determination to administer a local program. If the Assistant Secretary for Public...


of Program Sec. 982.161 Conflict of interest. (a) Neither the PHA nor any of its contractors or subcontractors...


Administration of Program Sec. 982.162 Use of HUD-required contracts and other forms. (a) The PHA must use program contracts...


of Program Sec. 982.163 Fraud recoveries. Under 24 CFR part 792, the PHA may retain a portion of program...


Sec. 982.201 Eligibility and targeting. (a) When applicant is eligible: general. The PHA may only admit an eligible family to the program. To...


Sec. 982.202 How applicants are selected: General requirements. (a) Waiting list admissions and special admissions. The PHA may admit an applicant...


Sec. 982.203 Special admission (non-waiting list): Assistance targeted by HUD. (a) If HUD awards a PHA program funding that is targeted for...


Sec. 982.204 Waiting list: Administration of waiting list. (a) Admission from waiting list. Except for special admissions, participants must be selected...


Sec. 982.205 Waiting list: Different programs. (a) Merger and cross-listing--(1) Merged waiting list. a PHA may merge the waiting list for...


Sec. 982.206 Waiting list: Opening and closing; public notice. (a) Public notice. (1) When the PHA opens a waiting list, the PHA must give public notice...


Sec. 982.207 Waiting list: Local preferences in admission to program. (a) Establishment of PHA local preferences. (1) The PHA may establish a system...


Sec. 982.301 Information when family is selected. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. (a) PHA briefing of family. (1) When...


982.302 Issuance of voucher; Requesting PHA approval of assisted tenancy. (a) When a family is selected, or when a participant family wants to move to...


982.303 Term of voucher. (a) Initial term. The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on the voucher. ...


Sec. 982.304 Illegal discrimination: PHA assistance to family. A family may claim that illegal discrimination because of race, color, religion, sex, national...


982.305 PHA approval of assisted tenancy. (a) Program requirements. The PHA may not give approval for the family of the assisted tenancy, or execute a HAP...


982.306 PHA disapproval of owner. (a) The PHA must not approve an assisted tenancy if the PHA has been informed (by HUD or otherwise) that the owner is...


Sec. 982.307 Tenant screening. (a) PHA option and owner responsibility. (1) The PHA has no liability or responsibility to the owner or other persons for...


Sec. 982.308 Lease and tenancy. (a) Tenant's legal capacity. The tenant must have legal capacity to enter a lease under State and local law. ``Legal capacity''...


982.309 Term of assisted tenancy. (a) Initial term of lease. (1) Except as provided in paragraph (a)(2) of this section, the initial lease term must be for at...


Sec. 982.310 Owner termination of tenancy. (a) Grounds. During the term of the lease, the owner may not terminate the tenancy except on the following grounds: ...


Sec. 982.311 When assistance is paid. (a) Payments under HAP contract. Housing assistance payments are paid to the owner in accordance with the terms of the...


982.312 Absence from unit. (a) The family may be absent from the unit for brief periods. For longer absences, the PHA administrative plan establishes the PHA...


982.313 Security deposit: Amounts owed by tenant. (a) The owner may collect a security deposit from the tenant. (b) The PHA may prohibit security deposits...


982.314 Move with continued tenant-based assistance. (a) Applicability. This section states when a participant family may move to a new unit with...


982.315 Family break-up. (a) The PHA has discretion to determine which members of an assisted family continue to receive assistance in the program if the...


Sec. 982.316 Live-in aide. (a) A family that consists of one or more elderly, near-elderly or disabled persons may request that the PHA approve a live-in aide...


982.317 Lease-purchase agreements. (a) A family leasing a unit with assistance under the program may enter into an agreement with an owner to purchase the unit....


Move Sec. 982.351 Overview. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. This subpart describes what kind of housing is eligible...


Move Sec. 982.352 Eligible housing. (a) Ineligible housing. The following types of housing may not be assisted by a PHA in the tenant-based programs: ...


Move Sec. 982.353 Where family can lease a unit with tenant-based assistance. (a) Assistance in the initial PHA jurisdiction. The family may receive...


Move Sec. 982.355 Portability: Administration by receiving PHA. (a) When a family moves under portability (in accordance with Sec. 982.353(b)) to an area...


Standards, Inspection and Maintenance Sec. 982.401 Housing quality standards (HQS). Source: 60 FR 34695, July 3, 1995,...


Standards, Inspection and Maintenance Sec. 982.402 Subsidy standards. (a) Purpose. (1) The PHA must establish subsidy standards...


Standards, Inspection and Maintenance Sec. 982.403 Terminating HAP contract when unit is too small. (a) Violation of HQS...


Standards, Inspection and Maintenance Sec. 982.404 Maintenance: Owner and family responsibility; PHA remedies. (a)...


Standards, Inspection and Maintenance Sec. 982.405 PHA initial and periodic unit inspection. (a) The PHA must inspect the unit...


Standards, Inspection and Maintenance Sec. 982.406 Enforcement of HQS. Part 982 does not create any right of the family, or any...


Owner Responsibility Sec. 982.451 Housing assistance payments contract. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. (a)(1) The...


Owner Responsibility Sec. 982.452 Owner responsibilities. (a) The owner is responsible for performing all of the owner's obligations under the HAP contract and...


Owner Responsibility Sec. 982.453 Owner breach of contract. (a) Any of the following actions by the owner (including a principal or other interested party) is...


Owner Responsibility Sec. 982.454 Termination of HAP contract: Insufficient funding. The PHA may terminate the HAP contract if the PHA determines, in accordance...


Owner Responsibility Sec. 982.455 Automatic termination of HAP contract. The HAP contract terminates automatically 180 calendar days after the last housing...


Owner Responsibility Sec. 982.456 Third parties. (a) Even if the family continues to occupy the unit, the PHA may exercise any rights and remedies against the...


Sec. 982.501 Overview. Source: 63 FR 23861, Apr. 30, 1998, unless otherwise noted. (a) This subpart describes program requirements concerning...


Sec. 982.502 Conversion to voucher program. (a) New HAP contracts. On and after the merger date, the PHA may only enter into a HAP contract for a...


Sec. 982.503 Voucher tenancy: Payment standard amount and schedule. (a) Payment standard schedule. (1) HUD publishes the fair market rents for each...


Sec. 982.504 Voucher tenancy: Payment standard for family in restructured subsidized multifamily project. (a) This section applies to tenant-based...


Sec. 982.505 Voucher tenancy: How to calculate housing assistance payment. (a) Use of payment standard. A payment standard is used to calculate...


Sec. 982.506 Negotiating rent to owner. The owner and the family negotiate the rent to owner. At the family's request, the PHA must help the family...


Sec. 982.507 Rent to owner: Reasonable rent. (a) PHA determination. (1) The PHA may not approve a lease until the PHA determines that the initial rent...


Sec. 982.508 Maximum family share at initial occupancy. At the time the PHA approves a tenancy for initial occupancy of a dwelling unit by a family...


Sec. 982.509 Rent to owner: Effect of rent control. In addition to the rent reasonableness limit under this subpart, the amount of rent to owner also may...


Sec. 982.510 Other fees and charges. (a) The cost of meals or supportive services may not be included in the rent to owner, and the value of meals...


Sec. 982.514 Distribution of housing assistance payment. The monthly housing assistance payment is distributed as follows: (a) The PHA pays the owner...


Sec. 982.515 Family share: Family responsibility. (a) The family share is calculated by subtracting the amount of the housing assistance payment from...


Sec. 982.516 Family income and composition: Regular and interim examinations. (a) PHA responsibility for reexamination and verification. (1) The PHA...


Sec. 982.517 Utility allowance schedule. (a) Maintaining schedule. (1) The PHA must maintain a utility allowance schedule for all tenant-paid...


Sec. 982.518 Regular tenancy: How to calculate housing assistance payment. The monthly housing assistance payment equals the gross rent, minus the...


Sec. 982.519 Regular tenancy: Annual adjustment of rent to owner. (a) When rent is adjusted. At each annual anniversary date of the HAP contract, the...


Sec. 982.520 Regular tenancy: Special adjustment of rent to owner. (a) Substantial and general cost increases. (1) At HUD's sole discretion, HUD may approve...


Sec. 982.521 Rent to owner in subsidized project. (a) Applicability to subsidized project. This section applies to a program tenancy in any of...


of Assistance Sec. 982.551 Obligations of participant. Source: 60 FR 34695, July 3, 1995, unless otherwise noted. (a) Purpose. This...


of Assistance Sec. 982.552 PHA denial or termination of assistance for family. (a) Action or inaction by family. (1) a PHA may deny assistance for...


of Assistance Sec. 982.553 Denial of admission and termination of assistance for criminals and alcohol abusers. (a) Denial of admission. (1)...


of Assistance Sec. 982.554 Informal review for applicant. (a) Notice to applicant. The PHA must give an applicant for participation prompt notice of...


of Assistance Sec. 982.555 Informal hearing for participant. (a) When hearing is required.(1) a PHA must give a participant family an opportunity for...


982.601 Overview. Source: 63 FR 23865, Apr. 30, 1998, unless otherwise noted. (a) Special housing types. This subpart describes...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR982.602] [Page 632] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 982_SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM--Table of Contents Subpart M_Special Housing Types Sec. 982.602 SRO: Who may reside in an SRO? A single person may reside in an SRO housing unit. [64 FR 26650, May 14, 1999] ...


982.603 SRO: Lease and HAP contract. For SRO housing, there is a separate lease and HAP contract for each assisted...


982.604 SRO: Voucher housing assistance payment. (a) For a person residing in SRO housing, the payment standard is 75 percent of the zero-bedroom...


Sec. 982.605 SRO: Housing quality standards. (a) HQS standards for SRO. The HQS in Sec. 982.401 apply to SRO housing. However, the standards in this...


982.606 Congregate housing: Who may reside in congregate housing. (a) An elderly person or a person with disabilities may reside in a congregate...


982.607 Congregate housing: Lease and HAP contract. For congregate housing, there is a separate lease and HAP contract for each...


982.608 Congregate housing: Voucher housing assistance payment. (a) Unless there is a live-in aide: (1) For a family residing in congregate housing,...


982.609 Congregate housing: Housing quality standards. (a) HQS standards for congregate housing. The HQS in Sec. 982.401 apply to congregate housing....


Sec. 982.610 Group home: Who may reside in a group home. (a) An elderly person or a person with disabilities may reside in a State-approved group home. ...


982.611 Group home: Lease and HAP contract. For assistance in a group home, there is a separate HAP contract and lease for each...


982.612 Group home: State approval of group home. A group home must be licensed, certified, or otherwise approved in writing by the State (e.g., Department...


982.613 Group home: Rent and voucher housing assistance payment. (a) Meaning of pro-rata portion. For a group home, the term ``pro- rata portion'' means...


Sec. 982.614 Group home: Housing quality standards. (a) Compliance with HQS. The PHA may not give approval to reside in a group home unless the unit,...


Sec. 982.615 Shared housing: Occupancy. (a) Sharing a unit. An assisted family may reside in shared housing. In shared housing, an assisted family shares a...


982.616 Shared housing: Lease and HAP contract. For assistance in a shared housing unit, there is a separate HAP contract and lease for each...


982.617 Shared housing: Rent and voucher housing assistance payment. (a) Meaning of pro-rata portion. For shared housing, the term ``pro- rata portion''...


982.618 Shared housing: Housing quality standards. (a) Compliance with HQS. The PHA may not give approval to reside in shared housing unless the entire...


Sec. 982.619 Cooperative housing. (a) Assistance in cooperative housing. This section applies to rental assistance for a cooperative member residing...


982.620 Manufactured home: Applicability of requirements. (a) Assistance for resident of manufactured home. (1) A family may reside in a manufactured home...


982.621 Manufactured home: Housing quality standards. A manufactured home must meet all the HQS performance requirements and acceptability criteria in...


982.622 Manufactured home space rental: Rent to owner. (a) What is included. (1) Rent to owner for rental of a manufactured home space includes payment...


Sec. 982.623 Manufactured home space rental: Housing assistance payment. (a) Housing assistance payment: For certificate tenancy. (1) During...


982.624 Manufactured home space rental: Utility allowance schedule. The PHA must establish utility allowances for manufactured home space rental. For the...


Sec. 982.625 Homeownership option: General. (a) The homeownership option is used to assist a family residing in a home purchased and owned by one or more...


982.626 Homeownership option: Initial requirements. (a) List of initial requirements. Before commencing homeownership assistance for a family, the PHA...


Sec. 982.627 Homeownership option: Eligibility requirements for families. (a) Determination whether family is qualified. The PHA may not provide...


982.628 Homeownership option: Eligible units. (a) Initial requirements applicable to the unit. The PHA must determine that the unit satisfies all of...


Sec. 982.629 Homeownership option: Additional PHA requirements for family search and purchase. (a) The PHA may establish the maximum time for a family to...


982.630 Homeownership option: Homeownership counseling. (a) Before commencement of homeownership assistance for a family, the family must attend...


Sec. 982.631 Homeownership option: Home inspections, contract of sale, and PHA disapproval of seller. (a) HQS inspection by PHA. The PHA may not commence...


982.632 Homeownership option: Financing purchase of home; affordability of purchase. (a) The PHA may establish requirements for financing purchase of...


Sec. 982.633 Homeownership option: Continued assistance requirements; Family obligations. (a) Occupancy of home. Homeownership assistance may only be...


Sec. 982.634 Homeownership option: Maximum term of homeownership assistance. (a) Maximum term of assistance. Except in the case of a family that qualifies as...


Sec. 982.635 Homeownership option: Amount and distribution of monthly homeownership assistance payment. (a) Amount of monthly homeownership assistance...


982.636 Homeownership option: Portability. (a) General. A family may qualify to move outside the initial PHA jurisdiction with continued...


Sec. 982.637 Homeownership option: Move with continued tenant-based assistance. (a) Move to new unit. (1) A family receiving homeownership assistance...


982.638 Homeownership option: Denial or termination of assistance for family. (a) General. The PHA shall terminate homeownership assistance for the...


982.639 Homeownership option: Administrative fees. The ongoing administrative fee described in Sec. 982.152(b) is paid to the PHA for each month...


Sec. 982.641 Homeownership option: Applicability of other requirements. (a) General. The following types of provisions (located in other subparts of this...


Sec. 982.642 Homeownership option: Pilot program for homeownership assistance for disabled families. (a) General. This section implements the pilot...


Sec. 982.643 Homeownership option: Downpayment assistance grants. (a) General. (1) A PHA may provide a single downpayment assistance...


Purpose and applicability. Subpart A_General Information Sec. 983.1 Purpose and applicability. 983.2 Additional...


Additional definitions. The following definitions apply to assistance subject to this part 983, in addition to the definitions in 24 CFR 982.4: Agreement to enter...


Information to be submitted to HUD by the HA concerning its plan to attach assistance to units. (a) Requirements. An HA may attach certificate assistance to units...


of HA plans to attach assistance to units. (a) Notice to HA. (1) If the requirements of Sec. 983.3 are satisfied, the field office must authorize the HA to proceed...


standards; physical inspection requirements. (a) General. Housing used in this program must be maintained and inspected in accordance with the requirements in 24...


Site and neighborhood standards. (a) Rehabilitation site and neighborhood standards. In addition to meeting the standards required in Sec. 982.401(l) of this chapter,...


Eligible and ineligible properties and HA-owned units. (a) Section 982.352 of this chapter, Eligible Housing, does not apply. Newly constructed and existing structures of...


expenditure requirement. (a) To qualify as rehabilitation under this part 983, existing structures must require a minimum expenditure of $1000 per...


new construction or rehabilitation with U.S. Housing Act of 1937 assistance and use of flexible subsidy; pledge of Agreement or HAP contract. ...


Displacement, relocation, and acquisition. (a) Minimizing displacement. (1) Consistent with the other goals and objectives of this part, an owner must assure that it has...


Other Federal requirements. (a) Equal Opportunity and related requirements. Participation in this program requires compliance with the Equal Opportunity...


and records. (a) During the term of each assisted lease, and for at least three years thereafter, the HA must keep: (1) A copy of the executed...


types. (a) Applicability. For applicability of rules on special housing types at 24 CFR part 982, subpart M, see Sec. 983.1(b)(2)(x). In the PBC program, the...


HA unit selection policy, advertising, and owner application requirements. (a) General. The HA must adopt a written policy establishing...


Rehabilitation: Initial inspection and determination of unit eligibility. (a) Before selecting a unit or executing an Agreement, the HA must determine that...


Rehabilitation: HUD field office review of applications. (a) The HUD field office must establish initial contract rents for any HA owned units or projects financed with...


Rehabilitation: Work write-ups. The owner must prepare work write-ups and, where determined necessary by the HA, specifications and plans. The HA has flexibility...


New construction: HA evaluation and technical processing. (a) Before selecting a unit or executing an Agreement, the HA must determine that the application...


New construction: HUD field office review of applications. (a) The HUD field office must review the owner applications submitted by an HA to determine compliance...


New construction: Working drawings and specifications. Before an Agreement is executed for new construction units, the owner must submit the design...


983.101 Agreement to enter into HAP contract, and contract rents in Agreement. (a) Agreement. The HA must enter into an Agreement with the owner in the...


983.102 Owner selection of contractor. The owner is responsible for selecting a competent contractor to undertake the new construction or rehabilitation work under...


983.103 New construction or rehabilitation period. (a) Timely performance of work. After the Agreement has been executed, the owner must promptly proceed with...


983.104 New construction or rehabilitation completion. (a) Notification of completion. The owner must notify the HA when the work is completed and submit to the...


Housing assistance payments contract (HAP contract). (a) Required form. The HA must enter into a HAP contract with the owner in the form prescribed by HUD...


Reduction of number of units covered by HAP contract. (a) Limitation on leasing to ineligible families. Owners must lease all assisted units under HAP contract...


the HA. The HA must: (a) Inspect the project before, during and upon completion of new construction or rehabilitation; and (b) Ensure that...


the owner. Section 982.452 of this chapter, Owner responsibilities, applies. The owner is also responsible for performing all of the owner...


participation. Subpart E of part 982 of this chapter, Selection for Tenant-based Program, does not apply, except as it is expressly made applicable by this...


and inspections. (a) Section 982.404 of this chapter, Maintenance: Owner and family responsibility; HA remedies, pertaining to owner responsibilities and...


underoccupied units. (a) 24 CFR 982.403, Terminating HAP contract: When unit is too big or too small, does not apply. (b) If the HA determines that a...


and termination of tenancy. (a) Section 982.309 of this chapter, Term of assisted tenancy, and Sec. 982.310 of this chapter, Owner termination of tenancy, do...


or hearing. 24 CFR 982.554 (Informal review for applicants) and 24 CFR 982.555 (Informal hearing for participants) are applicable. [63 FR 23871, Apr....


Applicability. Source: 63 FR 23871, Apr. 30, 1998, unless otherwise noted. (a) This subpart describes how to determine the amount of the rent to owner...


Limits on initial rent to owner. (a) Reasonable rent. The initial rent to owner for a unit may not exceed the reasonable rent as determined by the HA in accordance...


Initial rent: Who approves. (a) For units that are not HUD-insured or HA-owned. The HA approves the initial rent to owners for PBC units that are not financed with...


Annual adjustment of rent to owner. (a) Owner request for adjustment and compliance with contract. At each annual anniversary date of the HAP contract, the HA...


Special adjustment of rent to owner. (a) HUD discretion. (1) At HUD's sole discretion, HUD may approve a special adjustment of the rent to owner. An HA may only make...


Reasonable rent. (a) Requirement. (1) The HA may not enter an agreement to enter into housing assistance payments contract until the HA determines that the...


Other subsidy: Effect on rent to owner. (a) HOME. For units assisted under the HOME program, rents are subject to requirements of the HOME program (24 CFR 92.252). ...


Rent to owner: Effect of rent control. In addition to the rent reasonableness limit, and other rent limits under this rule, the amount of rent to owner also may be...


Correction of rent. At any time during the life of the HAP contract, the HA may revise the rent to owner to correct any errors in establishing or adjusting rent...


Housing assistance payment: Amount and distribution. (a) Amount. The monthly housing assistance payment equals the gross rent, minus the higher of: (1) The...


Family share: Family responsibility to pay. (a) The family share is calculated by subtracting the amount of the housing assistance payment from the gross rent. ...


Other fees and charges. (a) The cost of meals or supportive services may not be included in the rent to owner, and the value of meals or supportive services may not...


984.101 Purpose, scope, and applicability. Subpart A_General Sec. 984.101 Purpose, scope, and...


Program objectives. The objective of the FSS program is to reduce the dependency of low- income families on welfare assistance and on Section 8, public, or...


984.103 Definitions. (a) The terms 1937 Act, Fair Market Rent, HUD, Public Housing, Public Housing Agency (PHA), Secretary, and Section 8, as used in this...


Basic requirements of the FSS program. An FSS program established under this part shall be operated in conformity with: (a) The regulations of this...


984.105 Minimum program size. (a) FSS program size. (1) Minimum program size requirement. A PHA must operate an FSS program of the minimum program size determined...


Sec. 984.201 Action Plan. (a) Requirement for Action Plan. A PHA must have a HUD-approved Action Plan that complies with the requirements of...


Sec. 984.202 Program Coordinating Committee (PCC). (a) General. Each participating PHA must establish a PCC whose functions will be to assist the PHA...


Sec. 984.203 FSS family selection procedures. (a) Preference in the FSS selection process. a PHA has the option of giving a selection preference for up to...


Sec. 984.204 On-site facilities. Each PHA may, subject to the approval of HUD, make available and utilize common areas or unoccupied dwelling units in...


984.301 Program implementation. (a) Program implementation deadline. (1) Voluntary program. There is no deadline for implementation of a voluntary program....


984.302 Administrative fees. (a) Public housing FSS program. The performance funding system (PFS), provided under section 9(a) of the 1937 Act, shall provide...


984.303 Contract of participation. (a) General. Each family that is selected to participate in an FSS program must enter into a contract of participation with...


984.304 Total tenant payment, family rent, and increases in family income. (a)(1) Public housing FSS program: Calculation of total tenant payment. Total...


984.305 FSS account. (a) Establishment of FSS account--(1) General. The PHA shall deposit the FSS account funds of all families participating in the PHA's...


984.306 Section 8 residency and portability requirements. (a) Relocating FSS family. For purposes of this section, the term ``relocating FSS family'' refers to...


Reporting. Each PHA that carries out an FSS program under this part shall submit to HUD, in the form prescribed by HUD, a report regarding its...


applicability. Subpart A_General Sec. 985.1 Purpose and applicability. 985.2 Definitions. 985.3 Indicators,...


(a) The terms Department, Fair Market Rent, HUD, Secretary, and Section 8, as used in this part, are defined in 24 CFR 5.100. (b) The definitions in 24 CFR...


(a) The terms Department, Fair Market Rent, HUD, Secretary, and Section 8, as used in this part, are defined in 24 CFR 5.100. (b) The definitions in 24 CFR...
...


SEMAP certification. (a) An PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year. (1)...


SEMAP profile. Upon receipt of the PHA's SEMAP certification, HUD will rate the PHA's performance under each SEMAP indicator in accordance with Sec. 985.3. HUD will...


SEMAP score and overall performance rating. (a) High performer rating. PHAs with SEMAP scores of at least 90 percent shall be rated high performers under SEMAP. PHAs...


PHA right of appeal of overall rating. An PHA may appeal its overall performance rating to HUD by providing justification of the reasons for its appeal. An appeal made to a...


HUD SEMAP responsibilities. (a) Frequency of SEMAP assessments. (1) Annual review. Except as provided in paragraph (a)(2) of this section, HUD shall assess each...


Required actions for SEMAP deficiencies. (a) When the PHA receives the HUD notification of its SEMAP rating, an PHA must correct any SEMAP deficiency (indicator rating of...


Required actions for PHA with troubled performance rating. (a) On-site reviews. (1) Required reviews for troubled PHAs. Except as provided in paragraph (a)(2) of...


SEMAP records. HUD shall maintain SEMAP files, including certifications, notifications, appeals, corrective action plans, and related correspondence for at least...


Default under the Annual Contributions Contract (ACC). HUD may determine that an PHA's failure to correct identified SEMAP deficiencies or to prepare and implement a...


Purpose. Subpart A_The Operating Fund Formula Sec. 990.101 Purpose. 990.102 Definitions. 990.103 Applicability of the...


Definitions. Allowable Expense Level (AEL). The per unit per month dollar amount of expenses (excluding Utilities and expenses allowed under Sec. 990.108) computed...


Applicability of the Operating Fund Formula. (a) General. The Operating Fund Formula will be used in determining the amounts of operating subsidy payable to PHAs. ...


Determination of amount of operating subsidy under the Operating Fund Formula. (a) The amount of operating subsidy for which each PHA is eligible shall be determined...


Computation of allowable expense level. The PHA shall compute its Allowable Expense Level using forms prescribed by HUD, as follows: (a) Computation of Base...


Transition funding for excessively high-cost PHAs. (a) Eligibility. If a PHA's Base Year Expense Level exceeds its AEL for any budget year under the Operating Fund Formula,...


Computation of utilities expense level. (a) Computation of the utilities expense level. The PHA's Utilities Expense Level for the requested Budget Year shall be computed...


Other costs. (a) Cost of independent audits. (1) Eligibility to receive operating subsidy for independent audits is considered separately from the Operating Fund...


Projected operating income level. (a) Policy. The Operating Fund Formula determines the amount of operating subsidy for a particular PHA based in part upon a...


Adjustments. Adjustment information submitted to HUD under this section must be accompanied by an original or revised calculation of operating subsidy eligibility. ...


Submission and approval of operating subsidy calculations and budgets. (a) Required documentation. (1) Prior to the beginning of its fiscal year, the PHA shall prepare...


Payments procedure for operating subsidy under the Operating Fund Formula. (a) General. Subject to the availability of funds, payments of operating subsidy under...


Payments of operating subsidy conditioned upon reexamination of income of families in occupancy. (a) Policy. The income of each family must be reexamined at least...


Phase-down of subsidy for units approved for demolition. (a) General. Units that have both been approved by HUD for demolition and been vacated in FY 1995 and after will...


Increases in dwelling rental income. (a) General. As described in Sec. 990.109(b)(1), PHAs shall be allowed to retain 50% of any increases in dwelling rental income, so...


Determining actual and requested budget year occupancy percentages. (a) Actual occupancy percentage. When submitting Operating Fund Formula calculations for Requested...


Audit. PHAs that receive financial assistance under this part shall comply with the audit requirements in 24 CFR part 85.26. If a PHA has failed to submit an...


Effect of rescission. If there is a rescission of appropriated funds that reduces the level of funding under the Public Housing Capital Fund program, to the extent that...


Purpose--General policy on financial management, monitoring and reporting. Source: 53 FR 8067, Mar. 11, 1988, unless otherwise noted. The...


Applicability. The provisions of this subpart B are applicable to the development, modernization, and operation of the Turnkey III and Turnkey IV...


Applicability. Source: 57 FR 61231, Dec. 23, 1992, unless otherwise noted. (a) The provisions of this subpart C are applicable to all PHAs that receive...


Definitions. Cost Center. A set of units, activities, programs, or staff that are grouped by a PHA for purposes of management, financial monitoring, and analysis. Cost...


Project-based accounting. (a) PHAs identified in Sec. 990.301(b) shall develop and maintain a system of accounting for operating income and operating costs for each project...


Records and reports. (a) Each PHA shall maintain fiscal year-end income and expense statements, which reflect the PBA information required by Sec. 990.310, for each project...


Certifications. (a) The PHA shall certify, by the effective date specified in Sec. 990.325, in a form acceptable to HUD, that the PHA is aware of and is taking steps...


Compliance dates. (a) The provisions of this subpart shall apply for PHA fiscal years beginning on or after January 1, 1993, for PHAs operating 500 or more public...


Calculation of operating subsidy. Source: 59 FR 43644, Aug. 24, 1994, unless otherwise noted. Operating subsidy will be calculated separately for...


Calculation of total income and preparation of operating budget. (a) Subject to Sec. 990.403, the amount of funds provided by a HA to a project managed by...


Adjustments to total income. (a) Operating subsidy calculated in accordance with Sec. 964.401 of this chapter will reflect changes in inflation, utility rates...


Retention of excess revenues. (a) Any income generated by a resident management corporation that exceeds the income estimated for the income category involved...


Use of retained revenues. Any revenues retained by a resident management corporation under Sec. 990.404 of this subpart may only be used...


and scope of these regulations? Subpart A_General Sec. 1000.1 What is the applicability and scope of...


principles in the implementation of NAHASDA? (a) The Secretary shall use the following Congressional findings set forth in section 2 of NAHASDA as the...


NAHASDA? The primary objectives of NAHASDA are: (a) To assist and promote affordable housing activities to develop, maintain and operate affordable housing...


the IHBG program? The IHBG program is formula driven whereby eligible recipients of funding receive an equitable share of appropriations made by the Congress, based...


these regulations be waived? Yes. Upon determination of good cause, the Secretary may, subject to statutory limitations, waive any provision of this part and...


in these regulations? Except as noted in a particular subpart, the following definitions apply in this part: (a) The terms ``Adjusted income,''...


are applicable? (a) The requirements of the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and HUD's implementing regulations in 24 CFR part 146. ...


real property acquisition policies are applicable? The following relocation and real property acquisition policies are applicable to programs developed or...


are applicable? (a) Davis-Bacon wage rates. (1) As described in section 104(b) of NAHASDA, contracts and agreements for assistance, sale or lease under NAHASDA...


requirements apply? The environmental effects of each activity carried out with assistance under this part must be evaluated in accordance with the provisions...


required to assume environmental review responsibilities? (a) No. It is an option an Indian tribe may choose. If an Indian tribe declines to assume the...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.22] [Page 737] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart A_General Sec. 1000.22 Are the costs of the environmental review an eligible cost? Yes, costs of completing the environmental review are eligible. ...


assumes environmental review responsibility, how will HUD assist the Indian tribe in performing the environmental review? As set forth in section 105(a)(2)(B)...


administrative requirements under NAHASDA? (a) Except as addressed in Sec. 1000.28, recipients shall comply with the requirements and standards of OMB Circular No....


tribe be exempted from the applicability of Sec. 1000.26? Yes. A self-governance Indian tribe shall certify that its administrative requirements, standards...


conflict of interest are applicable? (a) Applicability. In the procurement of supplies, equipment, other property, construction and services by recipients...


made to the conflict of interest provisions? (a) Yes. HUD may make exceptions to the conflict of interest provisions set forth in Sec. 1000.30(b) on a case-by-case...


be considered in making an exception to the conflict of interest provisions? In determining whether or not to make an exception to the conflict of interest provisions,...


recipient retain records regarding exceptions made to the conflict of interest provisions? A recipient must maintain all such records for a period of at least 3 years...


requirements are applicable? Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-4128), a recipient may not permit the use of...


poisoning prevention requirements apply to affordable housing activities under NAHASDA? Yes, lead-based paint requirements apply to housing activities assisted...


section 3 of the Housing and Urban Development Act of 1968 applicable? (a) General. Yes. Recipients shall comply with section 3 of the Housing and Urban...


the use of debarred, suspended or ineligible contractors apply? In addition to any tribal requirements, the prohibitions in 24 CFR part 24 on the use of...


requirements apply? Yes. In addition to any tribal requirements, the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) and HUD's implementing regulations in...


requirements applicable to IHBG activities? (a) Applicability. Grants under this part are subject to section 7(b) of the Indian Self-Determination and...


apply to IHBG administration activities? To the greatest extent feasible, preference and opportunities for training and employment in connection with...


requirements apply to IHBG procurement? To the greatest extent feasible, recipients shall give preference in the award of contracts for projects funded under this...


to complaints arising out of any of the methods of providing for Indian preference? The following procedures are applicable to complaints arising out of any of...


paid by HUD to recipients? (a) Each year funds shall be paid directly to a recipient in a manner that recognizes the right of Indian self-determination and...


on the investment of IHBG funds? (a) A recipient may invest IHBG funds for the purposes of carrying out affordable housing activities in investment securities and...


expenditure of funds already disbursed to a recipient? Yes. In accordance with the standards and remedies contained in Sec. 1000.538 relating to...


income and what restrictions are there on its use? (a) Program income is defined as any income that is realized from the disbursement of grant...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.101] [Page 743] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart B_Affordable Housing Activities Sec. 1000.101 What is affordable housing? Eligible affordable housing is defined in section 4(2) of NAHASDA and is described in title II of NAHASDA. ...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.102] [Page 743] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart B_Affordable Housing Activities Sec. 1000.102 What are eligible affordable housing activities? Eligible affordable housing activities are those described in section 202 of NAHASDA. ...


families are eligible for affordable housing activities? The following families are eligible for affordable housing activities: (a) Low income Indian families on...


families receiving assistance under title II of NAHASDA require HUD approval? (a) Housing assistance for non low-income Indian families requires HUD approval only...


is HUD approval obtained by a recipient for housing for non low-income Indian families and model activities? Recipients are required to submit proposals to operate model...


Under what conditions may non low-income Indian families participate in the program? (a) A family who is purchasing housing under a lease purchase agreement and who was...


will HUD determine whether to approve model housing activities? HUD will review all proposals with the goal of approving the activities and encouraging the...


long does HUD have to review and act on a proposal to provide assistance to non low-income Indian families or a model housing activity? Whether submitted in the IHP...


should HUD do before declining a proposal to provide assistance to non low-income Indian families or a model housing activity? HUD shall consult with a...


What recourse does a recipient have if HUD disapproves a proposal to provide assistance to non low-income Indian families or a model housing activity? (a)...


a recipient use Indian preference or tribal preference in selecting families for housing assistance? Yes. The IHP may set out a preference for the provision of...


NAHASDA grant funds be used as matching funds to obtain and leverage funding, including any Federal or state program and still be considered an affordable...


maximum and minimum rent or homebuyer payment can a recipient charge a low-income rental tenant or homebuyer residing in housing units assisted with NAHASDA...


a recipient charge flat or income-adjusted rents? Yes, providing the rental or homebuyer payment of the low-income family does not exceed 30 percent of the family's...


income verification required for assistance under NAHASDA? (a) Yes, the recipient must verify that the family is income eligible based on anticipated annual income....


a recipient charge a non low-income family rents or homebuyer payments which are more than 30 percent of the family's adjusted income? Yes. A recipient may charge...


utilities considered a part of rent or homebuyer payments? Utilities may be considered a part of rent or homebuyer payments if a recipient decides to define rent...


When may a recipient (or entity funded by a recipient) demolish or dispose of current assisted stock? (a) A recipient (or entity funded by a recipient) may undertake...


insurance requirements apply to housing units assisted with NAHASDA grants? (a) The recipient shall provide adequate insurance either by purchasing insurance or...


constitutes adequate insurance? Insurance is adequate if it is a purchased insurance policy from an insurance provider or a plan of self-insurance in an amount that...


a recipient use grant funds to purchase insurance for privately owned housing to protect NAHASDA grant amounts spent on that housing? Yes. All purchases of...


is the ``useful life'' during which low-income rental housing and low-income homebuyer housing must remain affordable as required in sections 205(a)(2) and 209...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.144] [Page 747] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart B_Affordable Housing Activities Sec. 1000.144 Are Mutual Help homes developed under the 1937 Act subject to the useful life provisions of section 205(a)(2)? No. ...


homebuyers required to remain low-income throughout the term of their participation in a housing program funded under NAHASDA? No. The low-income eligibility requirement...


may Indian tribes and TDHEs receive criminal conviction information on adult applicants or tenants? (a) As required by section 208 of NAHASDA, the National...


is the recipient to use criminal conviction information? The recipient shall use the criminal conviction information described in Sec. 1000.150 only for...


is the recipient to keep criminal conviction information confidential? (a) The recipient will keep all the criminal conviction record information it receives from...


affordable housing developed, acquired, or assisted under the IHBG program subject to limitations on cost or design standards? Yes. Affordable housing must be of moderate...


How will a NAHASDA grant recipient know that the housing assisted under the IHBG program meets the requirements of Sec. 1000.156? (a) A recipient must use one of the...


non-dwelling structures developed, acquired or assisted under the IHBG program subject to limitations on cost or design standards? Yes. Non-dwelling structures must...


How will a recipient know that non-dwelling structures assisted under the IHBG program meet the requirements of 1000.160? (a) The recipient must use one of the methods...


funds made available under NAHASDA? Every fiscal year HUD will make grants under the IHBG program to recipients who have submitted to HUD for that fiscal year an IHP...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.202] [Page 749] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart C_Indian Housing Plan (IHP) Sec. 1000.202 Who are eligible recipients? Eligible recipients are Indian tribes, or TDHEs when authorized by one or more Indian tribes. ...


an Indian tribe designate itself as recipient of the grant? (a) By resolution of the Indian tribe; or (b) When such authority has been delegated by an Indian...


a TDHE designated? (a)(1) By resolution of the Indian tribe or Indian tribes to be served; or (2) When such authority has been delegated by an Indian...


if an Indian tribe had two IHAs as of September 30, 1996? Indian tribes which had established and were operating two IHAs as of September 30, 1996, under the...


to existing 1937 Act units in those jurisdictions for which Indian tribes do not or cannot submit an IHP? NAHASDA does not provide the statutory authority for HUD...


of an IHP required? Yes. An Indian tribe or, with the consent of its Indian tribe(s), the TDHE, must submit an IHP to HUD to receive funding under NAHASDA,...


the deadline for submission of an IHP? IHPs must be initially sent by the recipient to the Area ONAP no later than July 1. Grant funds cannot be provided until the plan...


if the recipient does not submit the IHP to the Area ONAP by July 1? If the IHP is not initially sent by July 1, the recipient will not be eligible for IHBG...


and submits an IHP? An Indian tribe, or with the authorization of a Indian tribe, in accordance with section 102(d) of NAHASDA a TDHE may prepare and submit a...


the minimum requirements for the IHP? The minimum IHP requirements are set forth in sections 102(b) and 102(c) of NAHASDA. In addition, Sec. Sec. 1000.56, 1000.108,...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.222] [Page 750] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart C_Indian Housing Plan (IHP) Sec. 1000.222 Are there separate IHP requirements for small Indian tribes and small TDHEs? No. HUD requirements for IHPs are reasonable. ...


part of the IHP be waived? Yes. HUD has general authority under section 101(b)(2) of NAHASDA to waive any IHP requirements when an Indian tribe cannot comply with...


certification requirements of section 102(c)(5) of NAHASDA be waived by HUD? Yes. HUD may waive these certification requirements as provided in section 101(b)(2)...


changes its IHP format will Indian tribes be involved? Yes. HUD will first consult with Indian tribes before making any substantial changes to HUD's...


What is the process for HUD review of IHPs and IHP amendments? HUD will conduct the IHP review in the following manner: (a) HUD will conduct a limited review of the IHP...


Indian tribe or TDHE amend its IHP? Yes. Section 103(c) of NAHASDA specifically provides that a recipient may submit modifications or revisions of its IHP to HUD....


determination regarding the non-compliance of an IHP or a modification to an IHP be appealed? (a) Yes. Within 30 days of receiving HUD's disapproval of an IHP or of...


What are eligible administrative and planning expenses? (a) Eligible administrative and planning expenses of the IHBG program include, but are not limited to: (1) Costs...


of the IHBG funds can be used for administrative and planning expenses? The recipient can use up to 20 percent of its annual grant amount for administration...


a local cooperation agreement required for affordable housing activities? The requirement for a local cooperation agreement applies only to rental and...


the requirement for exemption from taxation apply to affordable housing activities? The requirement for exemption from taxation applies only to rental...


purpose of the IHBG formula? The IHBG formula is used to allocate equitably and fairly funds made available through NAHASDA among eligible Indian tribes. A TDHE may be...


the definitions applicable for the IHBG formula? Allowable Expense Level (AEL) factor. In rental projects, AEL is the per-unit per-month dollar amount of expenses which...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.304] [Page 754] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart D_Allocation Formula Sec. 1000.304 May the IHBG formula be modified? Yes, as long as any modification does not conflict with the requirements of NAHASDA. ...


IHBG formula be modified? (a) The IHBG formula can be modified upon development of a set of measurable and verifiable data directly related to Indian and Alaska...


modifications to the IHBG formula? HUD can make modifications in accordance with Sec. 1000.304 and Sec. 1000.306 provided that any changes proposed by HUD are...


components of the IHBG formula? The IHBG formula consists of two components: (a) Formula Current Assisted Housing Stock (FCAS); and ...


assisted stock? Current assisted stock consists of housing units owned or operated pursuant to an ACC. This includes all low rent, Mutual Help, and Turnkey...


current assisted stock? Formula current assisted stock is current assisted stock as described in Sec. 1000.312 plus 1937 Act units in the development pipeline...


Formula Current Assisted Stock (FCAS) Component developed? The Formula Current Assisted Stock component consists of two elements. They are: (a) Operating...


recipient for funds for current assisted stock which is owned by state-created Regional Native Housing Authorities in Alaska? If housing units developed under...


under Formula Current Assisted Stock cease to be counted or expire from the inventory used for the formula? (a) Mutual Help and Turnkey III units shall no longer...


Current Assisted Stock adjusted for local area costs? There are two adjustment factors that are used to adjust the allocation of funds for the Current Assisted...


units included in the determination of Formula Current Assisted Stock? No. If these units are not owned or operated at the time (September 30, 1997) pursuant to...


need component developed? After determining the FCAS allocation, remaining funds are allocated by need component. The need component consists of seven criteria....


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.325] [Page 755] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart D_Allocation Formula Sec. 1000.325 How is the need component adjusted for local area costs? The need component is adjusted by the TDC. ...


a formula area is served by more than one Indian tribe? (a) If an Indian tribe's formula area overlaps with the formula area of one or more other Indian tribes,...


order of preference for allocating the IHBG formula needs data for Indian tribes in Alaska not located on reservations due to the unique circumstances in Alaska? ...


minimum amount an Indian tribe can receive under the need component of the formula? In the first year of NAHASDA participation, an Indian tribe whose allocation is...


sources for the need variables? The sources of data for the need variables shall be data available that is collected in a uniform manner that can be confirmed and...


by HUD to determine an Indian tribe's or TDHE's formula allocation be provided to the Indian tribe or TDHE before the allocation? Yes. HUD shall provide notice...


TDHEs, or HUD challenge the data from the U.S. Decennial Census or provide an alternative source of data? Yes. Provided that the data are gathered, evaluated,...


Indian tribe, TDHE, or HUD challenge data? (a) An Indian tribe, TDHE, or HUD may challenge data used in the IHBG formula. The challenge and collection of data for this...


Indian tribe is allocated less funding under the block grant formula than it received in Fiscal Year 1996 for operating subsidy and modernization? If an Indian...


What terms are used throughout this subpart? As used throughout title VI of NAHASDA and in this subpart: Applicant means the entity that requests a...


Are State recognized Indian tribes eligible for guarantees under title VI of NAHASDA? Those State recognized Indian tribes that meet the definition set forth...


1000.404 What lenders are eligible for participation? Eligible lenders are those approved under and meeting the qualifications established in this subpart, except...


What constitutes tribal approval to issue notes or other obligations under title VI of NAHASDA? Tribal approval is evidenced by a written tribal resolution...


How does an Indian tribe or TDHE show that it has made efforts to obtain financing without a guarantee and cannot complete such financing in a timely manner? ...


What conditions shall HUD prescribe when providing a guarantee for notes or other obligations issued by an Indian tribe? HUD shall provide that: (a)...


Can an issuer obtain a guarantee for more than one note or other obligation at a time? Yes. To obtain multiple guarantees, the issuer shall...


How is an issuer's financial capacity demonstrated? An issuer must demonstrate its financial capacity to: (a) Meet its obligations; and (b) Protect...


1000.416 What is a repayment contract in a form acceptable to HUD? (a) The Secretary's signature on a contract shall signify HUD's acceptance of the form, terms...


Can grant funds be used to pay costs incurred when issuing notes or other obligations? Yes. Other costs that can be paid using grant funds include but are...


May grants made by HUD under section 603 of NAHASDA be used to pay net interest costs incurred when issuing notes or other obligations? Yes. Other costs that can...


What are the procedures for applying for loan guarantees under title VI of NAHASDA? (a) The borrower applies to the lender for a loan using a...


1000.424 What are the application requirements for guarantee assistance under title VI of NAHASDA? The application for a guarantee must include the following: ...


How does HUD review a guarantee application? The procedure for review of a guarantee application includes the following steps: (a) HUD will review...


For what reasons may HUD disapprove an application or approve an application for an amount less than that requested? HUD may disapprove an application or approve...


When will HUD issue notice to the applicant if the application is approved at the requested or reduced amount? (a) HUD shall make every effort to approve a...


Can an amendment to an approved guarantee be made? (a) Yes. An amendment to an approved guarantee can occur if an applicant wishes to allow a borrower/issuer...


1000.434 How will HUD allocate the availability of loan guarantee assistance? (a) Each fiscal year HUD may allocate a percentage of the total available...


How will HUD monitor the use of funds guaranteed under this subpart? HUD will monitor the use of funds guaranteed under this subpart as set forth in section...


Who is involved in monitoring activities under NAHASDA? The recipient, the grant beneficiary and HUD are involved in monitoring activities...


What are the monitoring responsibilities of the recipient, the grant beneficiary and HUD under NAHASDA? (a) The recipient is responsible for monitoring grant...


What are the recipient performance objectives? Performance objectives are developed by each recipient. Performance objectives are criteria by which the recipient...


If the TDHE is the recipient, must it submit its monitoring evaluation/results to the Indian tribe? Yes. The Indian tribe as the grant beneficiary must receive a...


If the recipient monitoring identifies programmatic concerns, what happens? If the recipient's monitoring activities identify areas of concerns, the recipient...


What happens if tribal monitoring identifies compliance concerns? The Indian tribe shall have the responsibility to ensure that appropriate corrective action...


Are performance reports required? Yes. An annual report shall be submitted by the recipient to HUD and the Indian tribe being served in a format acceptable by HUD....


When must the annual performance report be submitted? The annual performance report must be submitted within 60 days of the end of the recipient's program year. If...


What reporting period is covered by the annual performance report? For the first annual performance report to be submitted under NAHASDA, the period to be covered...


When must a recipient obtain public comment on its annual performance report? The recipient must make its report publicly available to tribal members,...


What are the purposes of HUD review? At least annually, HUD will review each recipient's performance to determine whether the recipient: (a) Has carried out...


After the receipt of the recipient's performance report, how long does HUD have to make recommendations under section 404(c) of NAHASDA? ...


How will HUD give notice of on-site reviews? HUD shall generally provide a 30 day written notice of an impending on-site review to the Indian tribe and TDHE. Prior...


What are HUD's performance measures for the review? HUD has the authority to develop performance measures which the recipient must meet as a condition for compliance...


What information will HUD use for its review? In reviewing each recipient's performance, HUD may consider the following: (a) The approved IHP and any...


What are the procedures for the recipient to comment on the result of HUD's review when HUD issues a report under section 405(b) of NAHASDA? HUD will issue...


What corrective and remedial actions will HUD request or recommend to address performance problems prior to taking action under Sec. 1000.532 or Sec. 1000.538? ...


What are the adjustments HUD makes to a recipient's future year's grant amount under section 405 of NAHASDA? (a) HUD may, subject to the procedures in paragraph (b)...


What constitutes substantial noncompliance? HUD will review the circumstances of each noncompliance with NAHASDA and the regulations on a case-by-case basis...


What happens to NAHASDA grant funds adjusted, reduced, withdrawn, or terminated under Sec. 1000.532 or Sec. 1000.538? Such NAHASDA grant funds shall be distributed by...


What remedies are available for substantial noncompliance? (a) If HUD finds after reasonable notice and opportunity for hearing that a recipient has failed to...


[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR1000.540] [Page 765] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents Subpart F_Recipient Monitoring, Oversight and Accountability Sec. 1000.540 What hearing procedures will be used under NAHASDA? The hearing procedures in 24 CFR part 26 shall be used. ...


When may HUD require replacement of a recipient? (a) In accordance with section 402 of NAHASDA, as a condition of HUD making a grant on behalf of an Indian tribe,...


What audits are required? The recipient must comply with the requirements of the Single Audit Act and OMB Circular A-133 which require annual audits of...


Are audit costs eligible program or administrative expenses? Yes, audit costs are an eligible program or administrative expense. If the Indian tribe is the recipient...


Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD? Yes. A copy of the latest recipient audit...


If the TDHE is the recipient, does it have to submit a copy of its audit to the Indian tribe? Yes. The Indian tribe as the grant beneficiary must receive a copy...


How long must the recipient maintain program records? (a) This section applies to all financial and programmatic records, supporting documents, and statistical records...


Which agencies have right of access to the recipient's records relating to activities carried out under NAHASDA? (a) HUD and the Comptroller General of the United...


Does the Freedom of Information Act (FOIA) apply to recipient records? FOIA does not apply to recipient records. However, there may be other applicable State...


Does the Federal Privacy Act apply to recipient records? The Federal Privacy Act does not apply to recipient records. However, there may be other applicable State...


Provisions Sec. 1003.1 Applicability and scope. Subpart A_General Provisions Sec. 1003.1 Applicability...


Sec. 1003.2 Program objective. The primary objective of the Indian CDBG (ICDBG) Program and of the community development program of each grantee...


Sec. 1003.3 Nature of program. The selection of single purpose grantees under subpart B of this part is competitive in nature. Therefore, selection...


Provisions Sec. 1003.4 Definitions. Act means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.) ...


Provisions Sec. 1003.5 Eligible applicants. (a) Eligible applicants are any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, and...


Sec. 1003.6 Waivers. Upon determination of good cause, HUD may waive any provision of this part not required by statute. Each waiver must be in...


Funds Sec. 1003.100 General. (a) Types of grants. Two types of grants are available under the Indian CDBG Program. (1) Single purpose...


of Funds Sec. 1003.101 Area ONAP allocation of funds. (a) Except as provided in paragraph (b) of this section, funds will be allocated to the Area...


Funds Sec. 1003.102 Use of recaptured and unawarded funds. (a) The Assistant Secretary will determine on a case-by-case basis the use of grant funds...


Sec. 1003.200 General policies. An activity may be assisted in whole or in part with ICDBG funds only if the activity meets the...


Activities Sec. 1003.201 Basic eligible activities. ICDBG funds may be used for the following activities: (a) Acquisition. Acquisition in whole or in...


Activities Sec. 1003.202 Eligible rehabilitation and preservation activities. (a) Types of buildings and improvements eligible for rehabilitation...


Sec. 1003.203 Special economic development activities. A grantee may use ICDBG funds for special economic development activities in addition to...


Activities Sec. 1003.204 Special activities by Community-Based Development Organizations (CBDOs). (a) Eligible activities. The grantee may provide...


Sec. 1003.205 Eligible planning, urban environmental design and policy-planning-management-capacity building activities. (a) Planning activities...


Activities Sec. 1003.206 Program administration costs. ICDBG funds may be used for the payment of reasonable administrative costs and carrying...


Activities Sec. 1003.207 Ineligible activities. The general rule is that any activity that is not authorized under the provisions of Sec. Sec....


Activities Sec. 1003.208 Criteria for compliance with the primary objective. The Act establishes as its primary objective the development of...


and Selection Process Sec. 1003.300 Application requirements. (a) Application information. A Notice of Funding Availability (NOFA) shall be...


and Selection Process Sec. 1003.301 Selection process. (a) Threshold requirement. An applicant that has an outstanding ICDBG obligation to HUD that is...


Application and Selection Process Sec. 1003.302 Project specific threshold requirements. (a) Housing rehabilitation projects. All applicants for...


and Selection Process Sec. 1003.303 Project rating. Each project included in an application that meets the threshold requirements shall be...


and Selection Process Sec. 1003.304 Funding process. (a) Notification. Area ONAPs will notify applicants of the approval or disapproval of...


Application and Selection Process Sec. 1003.305 Program amendments. (a) Grantees shall request prior HUD approval for program amendments which will...


Grants Sec. 1003.400 Criteria for funding. The following criteria apply to requests for assistance under this subpart: (a) In response...


Grants Sec. 1003.401 Application process. (a) Letter to proceed. The Area ONAP may issue the applicant a letter to proceed to incur costs to...


Grants Sec. 1003.402 Availability of funds. Of the funds made available by the NOFA for the ICDBG program, an amount to be determined by the...


Administration Sec. 1003.500 Responsibility for grant administration. (a) One or more tribal departments or authorities, including...


Administration Sec. 1003.501 Applicability of uniform administrative requirements and cost principles. (a) Grantees and subrecipients which are...


Administration Sec. 1003.502 Agreements with subrecipients. (a) Before disbursing any ICDBG funds to a subrecipient, the grantee shall sign a written...


Administration Sec. 1003.503 Program income. (a) Program income requirements for ICDBG grantees are set forth in 24 CFR 85.25, as modified by this section. ...


Administration Sec. 1003.504 Use of real property. The standards described in this section apply to real property within the grantee's control which was...


Sec. 1003.505 Records to be maintained. Each grantee shall establish and maintain sufficient records to enable the Secretary to determine whether...


Sec. 1003.506 Reports. (a) Status and evaluation report. Grantees shall submit a status and evaluation report on previously funded open grants 45...


Sec. 1003.507 Public access to program records. Notwithstanding the provisions of 24 CFR 85.42(f), grantees shall provide citizens with...


Administration Sec. 1003.508 Grant closeout procedures. (a) Criteria for closeout. A grant will be closed out when the Area ONAP determines, in consultation...


Sec. 1003.509 Force account construction. (a) The use of tribal work forces for construction or renovation activities performed as part of...


Administration Sec. 1003.510 Indian preference requirements. (a) Applicability. HUD has determined that grants under this part are subject to Section 7(b) of...


Administration Sec. 1003.511 Use of escrow accounts for rehabilitation of privately owned residential property. (a) Limitations. A grantee may withdraw...


Requirements Sec. 1003.600 Constitutional prohibition. In accordance with First Amendment Church/State Principles, as a general rule, ICDBG...


Requirements Sec. 1003.601 Nondiscrimination. (a) Under the authority of section 107(e)(2) of the Act, the Secretary waives the requirement that grantees...


Requirements Sec. 1003.602 Relocation and real property acquisition. (a) Minimize displacement. Consistent with the other goals and objectives of this...


Requirements Sec. 1003.603 Labor standards. In accordance with the authority under section 107(e)(2) of the Act, the Secretary waives the provisions of...


Requirements Sec. 1003.604 Citizen participation. (a) In order to permit residents of Indian tribes and Alaska native villages to examine and appraise...


Requirements Sec. 1003.605 Environment. (a) In order to assure that the policies of the National Environmental Policy Act of 1969 and other provisions...


Requirements Sec. 1003.606 Conflict of interest. (a) Applicability. (1) In the procurement of supplies, equipment, construction, and services by...


Requirements Sec. 1003.607 Lead-based paint. The requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential...


Requirements Sec. 1003.608 Debarment and suspension. As required by 24 CFR part 24, each grantee must require participants in lower tier covered...


Performance Sec. 1003.700 Review of grantee's performance. (a) Objective. HUD will review each grantee's performance to determine whether the...


Sec. 1003.701 Corrective and remedial action. (a) General. One or more corrective or remedial actions will be taken by HUD when, on the basis of...


Performance Sec. 1003.702 Reduction or withdrawal of grant. (a) General. A reduction or withdrawal of a grant under paragraph (b) of this section will not...


Sec. 1003.703 Other remedies for noncompliance. (a) Secretarial actions. If the Secretary finds a grantee has failed to comply with any provision...


is the applicability and scope of these regulations? 1005.103 What definitions are applicable to this program? 1005.104 What lenders are eligible...


to the definitions that appear in Section 184 of the Housing and Community Development Act of 1992, the following definitions are applicable to loan guarantees under...


are those approved under and meeting the qualifications established in this subpart, except that loans otherwise insured or guaranteed by an agency of the United States, or made...


fixed term loans with even monthly payments are eligible under the Section 184 program. (b) Eligible borrowers. A loan guarantee under section 184 may be made to: ...


may be processed under a Direct Guarantee procedure approved by the Department, under which the Department does not issue commitments to guarantee or review applications for...


under section 184 may be secured by any collateral authorized under and not prohibited by Federal, state, or tribal law and determined by the lender and approved by...


the time of issuance of the guarantee, a fee for the guarantee of loans under Section 184, in an amount equal to 1 percent of the principal obligation of the loan....


under section 184 must be for dwelling units which meet the safety and quality standards set forth in section 184(j). (b) The relevant requirements of the Lead-Based...


applicable tribal laws? The lender and the borrower will each certify that they acknowledge and agree to comply with all applicable tribal laws. An Indian...


Failure of the lender to comply with applicable tribal law is considered to be a practice detrimental to the interest of the borrower and may be subject to...


Subpart A_General Sec. 1006.1 Applicability. 1006.10 Definitions. 1006.20 Grants for affordable...


The following definitions apply in this part: Act means title VIII of NAHASDA, as amended. Adjusted income means the annual income that remains...


affordable housing activities. (a) Annual grant. Each fiscal year, HUD will make a grant (to the extent that amounts are made available) under the Act to the DHHL...


Upon determination of good cause, the Secretary may, subject to statutory limitations, waive any provision of this part and delegate this authority in accordance...


Housing plan requirements. The DHHL must submit a housing plan for each Federal Fiscal Year grant. The housing plan has two components, a five-year plan and a...


of plans. (a) Review. (1) In general. Within 60 days of receipt of the housing plan, HUD will conduct a limited review to ensure that the contents of the plan...


Eligible affordable housing activities. Eligible affordable housing activities are development, housing services, housing management services, crime prevention and...


Development. (a) NHHBG funds may be used for the acquisition, new construction, reconstruction, or moderate or substantial rehabilitation of affordable housing...


Housing services. NHHBG funds may be used for the provision of housing-related services for affordable housing, including: (a) Housing counseling in connection...


Housing management services. NHHBG funds may be used for the provision of management services for affordable housing, including: (a) The preparation of...


Crime prevention and safety activities. NHHBG funds may be used for the provision of safety, security, and law enforcement measures and activities appropriate to...


Model activities. NHHBG funds may be used for housing activities under model programs that are: (a) Designed to carry out the purposes of the Act and this part;...


Administrative and planning costs. Up to such amount as HUD may authorize, or such other limit as may be specified by statute, of each grant received under the Act may...


Types of investments. Subject to the requirements of this part and to the DHHL's housing plan, the DHHL has the discretion to use NHHBG funds for affordable...


Eligible families. (a) Assistance for eligible housing activities under the Act and this part is limited to low-income Native Hawaiian families who are eligible...


Low-income requirement and income targeting. (a) In general. Housing qualifies as affordable housing for purposes of the Act and this part only if each dwelling unit in...


Rent and lease-purchase limitations. (a) Rents. The DHHL must develop and follow written policies governing rents for rental housing units assisted with NHHBG...


Lease requirements. Except to the extent otherwise provided by or inconsistent with the laws of the State of Hawaii, in renting dwelling units in affordable...


Tenant or homebuyer selection. As a condition to receiving grant amounts under the Act, the DHHL must adopt and use written tenant and homebuyer selection policies...


Maintenance, management and efficient operation. (a) Written policies. The DHHL must develop and enforce policies governing the management and maintenance of rental...


Insurance coverage. (a) In general. As a condition to receiving NHHBG funds, the DHHL must require adequate insurance coverage for housing units that are owned...


Use of nonprofit organizations and public-private partnerships. (a) Nonprofit organizations. The DHHL must, to the extent practicable, provide for private...


Treatment of program income. (a) Defined. Program income is income realized from the use of NHHBG funds. If gross income is used to pay costs incurred that are essential...


Labor standards. (a) Davis-Bacon wage rates. (1) As described in section 805(b) of the Act, contracts and agreements for assistance, sale or lease under this part...


Environmental review. (a) In order to ensure that the policies of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (NEPA) and other provisions...


Nondiscrimination requirements. Program eligibility under the Act and this part may be restricted to Native Hawaiians. Subject to the preceding sentence, no person may...


Conflict of interest. In the procurement of property and services by the DHHL and contractors, the conflict of interest provisions in 24 CFR 85.36 or 24 CFR...


Program administration responsibilities. (a) Responsibilities. The DHHL is responsible for managing the day- to-day operations of the NHHBG Program, ensuring that NHHBG funds...


Federal administrative requirements. (a) Governmental entities. The DHHL and any governmental contractor receiving NHHBG funds shall comply with the requirements and...


Other Federal requirements. (a) Lead-based paint. The following subparts of HUD's lead-based paint regulations at part 35, which implement the Lead-Based...


Monitoring of compliance. (a) Periodic reviews and monitoring. At least annually, the DHHL must review the activities conducted and housing assisted with...


Performance reports. (a) Requirement. For each fiscal year, the DHHL must: (1) Review the progress the DHHL has made during that fiscal year in achieving...


Review of DHHL's performance. (a) Objective. HUD will, at least annually, review DHHL's performance to determine whether the DHHL has: (1) Carried out...


Corrective and remedial action. (a) General. One or more corrective or remedial actions will be taken by HUD when, on the basis of a performance review, HUD...


Remedies for noncompliance. (a) Remedies. If HUD finds that the DHHL has failed to comply substantially with any provision of the Act or this part, the...


Definitions. 1007.10 Eligible Borrowers. 1007.15 Eligible uses. 1007.20 Eligible housing. 1007.25 Eligible lenders. 1007.30 Security for...


in this part: Department of Hawaiian Home Lands (DHHL) means the agency or department of the government of the State of Hawaii that is responsible for the administration...


this part may only be made to the following borrowers: (a) A Native Hawaiian family; (b) The Department of Hawaiian Home Lands; (c) The Office of...


under this part may only be used to construct, acquire, or rehabilitate eligible housing. (b) Construction advances. Advances made by the lender during...


this part may only be made for one to four-family dwellings that are standard housing, in accordance with paragraph (b), of this section. The housing must be located...


qualify for a guarantee under this part, a loan shall be made only by a lender meeting qualifications established in this part and approved by HUD, including any lender described...


loan guaranteed under section 184A of the Housing and Community Development Act of 1992 and this part may be secured by any collateral authorized under and not prohibited by...


this part, the loan shall: (a) Be made for a term not exceeding 30 years; (b) Bear interest (exclusive of the guarantee fee under Sec. 1007.55 and service...


issues a commitment to guarantee any loan or (if no commitment is issued) before guarantee of any loan, there must be compliance with environmental review procedures to the...


To the extent that the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) or of the Fair Housing Act (42 U.S.C.A. 3601 et seq.) apply to a...


(1) In general. Before HUD approves any loan for guarantee under this section, the lender shall submit the application for the loan to HUD for examination. ...


HUD, at the time of issuance of the guarantee, a fee for the guarantee of loans under this part, in an amount equal to 1 percent of the principal obligation of the loan....


a guarantee provided under this section shall decrease or increase on a pro rata basis according to any decrease or increase in the amount of the unpaid obligation under...


other provision of law, any loan guaranteed under this section, including the security given for the loan, may be sold or assigned by the lender to any financial...


(a) In general. (1) Grounds for action. HUD may take action under paragraph (a)(2) of this section if HUD determines that any lender or holder of a...


(1) Notification. If a borrower on a loan guaranteed under this part defaults on the loan, the holder of the guarantee certificate shall provide written notice of the default...




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