1、518 24 CFR Ch. IX (4111 Edition) 970.35 970.35 Reports and records. (a) After HUD approval of demolition or disposition of all or part of a project, the PHA shall provide informa-tion on the following: (1) Actual completion of each demoli-tion contract by entering the appro-priate information into H
2、UDs applica-ble data system, or providing the infor-mation by another method HUD may require, within a week of making the final payment to the demolition con-tractor, or expending the last remain-ing funds if funded by force account; (2) Execution of sales or lease con-tracts by entering the appropr
3、iate in-formation into HUDs applicable data system, or providing the information by another method HUD may require, within a week of execution; (3) The PHAs use of the proceeds of sale by providing a financial statement showing how the funds were expended by item and dollar amount; (4) Amounts expen
4、ded for closing costs and relocation expenses, by pro-viding a financial statement showing this information for each property sold; and (5) Such other information as HUD may from time to time require. (b) Reserved PART 971ASSESSMENT OF THE REASONABLE REVITALIZATION POTENTIAL OF CERTAIN PUBLIC HOUSIN
5、G REQUIRED BY LAW Sec. 971.1 Purpose. 971.3 Standards for identifying develop-ments. 971.5 Long-term viability. 971.7 Plan for removal of units from public housing inventories. 971.9 Tenant and local government con-sultation. 971.11 Hope VI developments. 971.13 HUD enforcement authority. APPENDIX TO
6、 PART 971METHODOLOGY OF COMPARING COST OF PUBLIC HOUSING WITH COST OF TENANT-BASED ASSISTANCE AUTHORITY: Pub. L. 104134; 42 U.S.C. 3535(d). SOURCE: 62 FR 49576, Sept. 22, 1997, unless otherwise noted. 971.1 Purpose. Section 202 of the Omnibus Consoli-dated Rescissions and Appropriations Act of 1996
7、(Pub.L. 104134, approved April 26, 1996) (OCRA) requires PHAs to identify certain distressed public housing developments that cost more than Section 8 rental assistance and cannot be reasonably revitalized. Households in occupancy that will be affected by the activities will be of-fered tenant-based
8、 or project-based as-sistance (that can include other public housing units) and will be relocated, to other decent, safe, sanitary, and afford-able housing which is, to the maximum extent practicable, housing of their choice. After residents are relocated, the distressed developments (or af-fected b
9、uildings) for which no reason-able means of revitalization exists will be removed from the public housing in-ventory. 971.3 Standards for identifying devel-opments. (a) PHAs shall use the following standards for identifying developments or portions thereof which are subject to section 202s requireme
10、nt that PHAs develop and carry out plans for the re-moval over time from the public hous-ing inventory. These standards track section 202(a) of OCRA. The develop-ment, or portions thereof, must: (1) Be on the same or contiguous sites. (OCRA Sec. 202(a)(1). This standard and the standard set forth in
11、 paragraph (a)(2) of this section refer to the actual number and location of units, irrespec-tive of HUD development project num-bers. (2) Total more than 300 dwelling units. (OCRA Sec. 202(a)(2). (3) Have a vacancy rate of at least ten percent for dwelling units not in funded, on-schedule moderniza
12、tion. (OCRA Sec. 202(a)(3). For this determination, PHAs and HUD shall use the data the PHA relied upon for its last Public Housing Management Assessment Pro-gram (PHMAP) certification, as re-ported on the Form HUD51234 (Report on Occupancy), or more recent data which demonstrates improvement in occ
13、upancy rates. Units in the following categories shall not be included in this calculation: VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted w
14、ithout license from IHS-,-,-519 Asst. Secry., for Public and Indian Housing, HUD 971.5 (i) Vacant units in an approved demo-lition or disposition program; (ii) Vacant units in which resident property has been abandoned, but only if State law requires the property to be left in the unit for some peri
15、od of time, and only for the period stated in the law; (iii) Vacant units that have sustained casualty damage, but only until the in-surance claim is adjusted; and (iv) Units that are occupied by em-ployees of the PHA and units that are utilized for resident services. (4) Have an estimated cost of c
16、ontinued operation and modernization of the devel-opments as public housing in excess of the cost of providing tenant-based assistance under section 8 of the United States Hous-ing Act of 1937 for all families in occu-pancy, based on appropriate indicators of cost (such as the percentage of total de
17、vel-opment cost required for modernization). (OCRA Sec. 202(a)(5). (i) For purposes of this determina-tion, the costs used for public housing shall be those necessary to produce a revitalized development as described in the paragraph (a)(5) of this section. (ii) These costs, including estimated oper
18、ating costs, modernization costs and accrual needs must be used to de-velop a per unit monthly cost of con-tinuing the development as public housing. (iii) That per unit monthly cost of public housing must be compared to the per unit monthly Section 8 cost. (iv) Both the method to be used and an exa
19、mple are included in the Appen-dix to this part. (5) Be identified as distressed housing that the PHA cannot assure the long-term viability as public housing through rea-sonable revitalization, density reduction, or achievement of a broader range of household income. (OCRA Sec. 202(a)(4). See 971.5.
20、 (b) Properties meeting the standards set forth in paragraphs (a)(1) through (3) of this section will be assumed to be distressed unless the PHA can show that the property fails the standard set forth in paragraph (a)(3) of this section for reasons that are temporary in dura-tion and are unlikely to
21、 recur. (c) Where the PHA will demolish all of the units in a development, or the portion thereof, that is subject to sec-tion 202, section 202 requirements will be satisfied once the demolition occurs and its standards will not be applied further to the use of the site. (d) PHAs will meet the test
22、for assur-ing long-term viability of identified housing only if it is probable that, after reasonable investment, for at least twenty years (or at least 30 years for rehabilitation equivalent to new construction) the development can sus-tain structural/system soundness and full occupancy; will not b
23、e excessively densely configured relative to stand-ards for similar (typically family) housing in the community; will not constitute an excessive concentration of very low-income families; and has no other site impairments which clearly should disqualify the site from con-tinuation as public housing
24、. 971.5 Long-term viability. (a) Reasonable investment. (1) Pro-posed revitalization costs for viability must be reasonable. Such costs must not exceed, and ordinarily would be substantially less than, 90 percent of HUDs total development cost limit for the units proposed to be revitalized (100 perc
25、ent of the total development cost limit for any infill new construction subject to this regulation). The revital-ization cost estimate used in the PHAs most recent comprehensive plan for modernization is to be used for this purpose, unless a PHA demonstrates or HUD determines that another cost esti-
26、mate is clearly more realistic to ensure viability and to sustain the operating costs that are described in paragraph (a)(2) of this section. (2) The overall projected cost of the revitalized development must not ex-ceed the Section 8 cost under the meth-od contained in the Appendix to this part, ev
27、en if the cost of revitalization is a lower percentage of the TDC than the limits stated in paragraph (a)(1) of this section. (3) The source of funding for such a revitalization program must be identi-fied and already available. In addition to other resources already available to the PHA, a PHA may
28、assume that fu-ture formula funds provided through the Comprehensive Grant Program are available for this purpose, provided VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00529 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo repro
29、duction or networking permitted without license from IHS-,-,-520 24 CFR Ch. IX (4111 Edition) 971.7 that they are sufficient to permit com-pletion of the revitalization within the statutory five year time frame. (Com-prehensive plans must be amended ac-cordingly.) (b) Density. Density reduction meas
30、-ures would have to result in a public housing community with a density ap-proaching that which prevails in the community for similar types of hous-ing (typically family), or a lower den-sity. If the developments density al-ready meets this description, further reduction in density is not a require-
31、ment. (c) Income mix. (1) Measures generally will be required to broaden the range of resident incomes to include over time a significant mix of households with at least one full-time worker (for exam-ple, at least 20 percent with an income at least 30 percent of median area in-come). Measures to ac
32、hieve a broader range of household incomes must be re-alistic in view of the sites location. Evidence of such realism typically would include some mix of incomes of other households located in the same census tract or neighborhood, or unique advantages of the public hous-ing site. (2) For purposes o
33、f judging appro-priateness of density reduction and broader range of income measures, overall size of the public housing site and its number of dwelling units will be considered. The concerns these measures would address generally are greater as the sites size and number of dwelling units increase.
34、971.7 Plan for removal of units from public housing inventories. (a) Time frames. Section 202 is a con-tinuing requirement, and the Secretary will establish time frames for submis-sion of necessary information annually through publication of a FEDERAL REG-ISTER notice. (b) Plan for removal. With res
35、pect to any development that meets all of the standards listed, the PHA shall develop a plan for removal of the affected pub-lic housing units from the inventory. The plan should consider relocation al-ternatives for households in occupancy, including other public housing and Sec-tion 8 tenant-based
36、 assistance, and shall provide for relocation from the units as soon as possible. For planning purposes, PHAs shall assume that HUD will be able to provide in a timely fash-ion any necessary Section 8 rental as-sistance. The plan shall include: (1) A listing of the public housing units to be removed
37、 from the inven-tory; (2) The number of households to be relocated, by bedroom size; (3) Identification and obligation sta-tus of any previously approved CIAP, modernization, or major reconstruc-tion funds for the distressed develop-ment and PHA recommendations con-cerning transfer of these funds to
38、 Sec-tion 8 or alternative public housing uses; (4) The relocation resources that will be necessary, including a request for any necessary Section 8 and a descrip-tion of actual or potential public or other assisted housing vacancies that can be used as relocation housing; (5) A schedule for relocat
39、ion and re-moval of units from the public housing inventory; (6) Provision for notifying families residing in the development, in a time-ly fashion, that the development shall be removed from the public housing in-ventory; informing such families that they will receive tenant-based or project-based
40、assistance; providing any necessary counselling with respect to the relocation, including a request for any necessary counseling funds; and as-suring that such families are relocated as necessary to other decent, safe, sani-tary and affordable housing which is, to the maximum extent possible, hous-i
41、ng of their choice; (7) The displacement and relocation provisions set forth in 24 CFR 970.5. (8) A record indicating compliance with the statutes requirements for consultation with applicable public housing tenants of the affected devel-opment and the unit of local govern-ment where the public hous
42、ing is lo-cated, as set forth in 971.9. (c) Section 18 of the United States Housing Act of 1937 shall not apply to demolition of developments removed from PHA inventories under this sec-tion, but shall apply to any proposed dispositions of such developments or their sites. HUDs review of any such di
43、sposition application will take into VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00530 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-521 Asst. Secry., for Publ
44、ic and Indian Housing, HUD 971.13 account that the development has been required to be removed from the PHAs inventory. (d) For purposes of determining oper-ating subsidy eligibility under the Per-formance Funding System (PFS), the submitted plan will be considered the equivalent of a formal request
45、 to re-move dwelling units from the PHAs in-ventory and ACC and approval (or ac-ceptance). The PHA will receive writ-ten notification that the plan has been approved (or accepted). Units that are vacant or vacated on or after the writ-ten notification date will be treated as approved for deprogrammi
46、ng under 990.108(b)(1) of this chapter and also will be provided the phase-down of sub-sidy pursuant to 990.114 of this chap-ter. (Approved by the Office of Management and Budget under control number 25770210) 971.9 Tenant and local government consultation. (a) PHAs are required to proceed in consul
47、tation with affected public hous-ing residents. PHAs must provide cop-ies of their submissions complying with 971.3(a) (1) through (3) to the ap-propriate tenant councils and resident groups before or immediately after these submissions are provided to HUD. (b) PHAs must: (1) Hold a meeting with the
48、 residents of the affected sites and explain the re-quirements of section 202 of OCRA; (2) Provide an outline of the submis-sion(s) complying with 971.3(a) (4) and (5) to affected residents; and (3) Provide a reasonable comment pe-riod for residents and must provide a summary of the resident comment
49、s to HUD. (c) PHAs must prepare conversion plans in consultation with affected ten-ants and must: (1) Hold a meeting with affected resi-dents and provide draft copies of the plan; and (2) Provide a reasonable comment pe-riod for residents and must provide a summary of the resident comments to HUD. (d) The conversion plan must be ap-proved by the local officials as not in-consistent with the Consolidated Plan. 971.11 HOPE VI develo
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