1、789 Asst. Secry., for Public and Indian Housing, HUD 1006.10 have to be notified of individual sec-tion 184 loans unless required by appli-cable tribal law. 63 FR 12373 Mar. 12, 1998, as amended at 63 FR 48991, Sept. 11, 1998 1005.113 How does HUD enforce lender compliance with applicable tribal law
2、s? Failure of the lender to comply with applicable tribal law is considered to be a practice detrimental to the inter-est of the borrower and may be subject to enforcement action(s) under section 184(g) of the statute. 63 FR 12373 Mar. 12, 1998 PART 1006NATIVE HAWAIIAN HOUSING BLOCK GRANT PRO-GRAM S
3、ubpart AGeneral Sec. 1006.1 Applicability. 1006.10 Definitions. 1006.20 Grants for affordable housing activi-ties. 1006.30 Waivers. Subpart BHousing Plan 1006.101 Housing plan requirements. 1006.110 Review of plans. Subpart CEligible Activities 1006.201 Eligible affordable housing activi-ties. 1006.
4、205 Development. 1006.210 Housing services. 1006.215 Housing management services. 1006.220 Crime prevention and safety activi-ties. 1006.225 Model activities. 1006.230 Administrative and planning costs. 1006.235 Types of investments. Subpart DProgram Requirements 1006.301 Eligible families. 1006.305
5、 Low-income requirement and in-come targeting. 1006.310 Rent and leasepurchase limita-tions. 1006.315 Lease requirements. 1006.320 Tenant or homebuyer selection. 1006.325 Maintenance, management and effi-cient operation. 1006.330 Insurance coverage. 1006.335 Use of nonprofit organizations and public
6、-private partnerships. 1006.340 Treatment of program income. 1006.345 Labor standards. 1006.350 Environmental review. 1006.355 Nondiscrimination requirements. 1006.360 Conflict of interest. 1006.365 Program administration respon-sibilities. 1006.370 Federal administrative require-ments. 1006.375 Oth
7、er Federal requirements. Subpart EMonitoring and Accountability 1006.401 Monitoring of compliance. 1006.410 Performance reports. 1006.420 Review of DHHLs performance. 1006.430 Corrective and remedial action. 1006.440 Remedies for noncompliance. AUTHORITY: 25 U.S.C. 4221 et seq.; 42 U.S.C. 3535(d). S
8、OURCE: 67 FR 40776, June 13, 2002, unless otherwise noted. Subpart AGeneral 1006.1 Applicability. The requirements and procedure of this part apply to grants under the Na-tive Hawaiian Housing Block Grant (NHHBG) Program, authorized by the Hawaiian Homelands Homeownership Act of 2000 (HHH Act), whic
9、h adds Title VIIIHousing Assistance For Native Hawaiians (25 U.S.C. 4221 et seq.), to the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4101 et seq.). 1006.10 Definitions. The following definitions apply in this part: Act means title VIII of NAHASDA, as a
10、mended. Adjusted income means the annual in-come that remains after excluding the following amounts: (1) Youths, students, and persons with disabilities. $480 for each member of the family residing in the household (other than the head of the household or the spouse of the head of the household): (i
11、) Who is under 18 years of age; or (ii) Who is: (A) 18 years of age or older; and (B) A person with disabilities or a full-time student. (2) Elderly and disabled families. $400 for an elderly or disabled family. (3) Medical and attendant expenses. The amount by which 3 percent of the annual income o
12、f the family is exceed-ed by the aggregate of: VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00799 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-790 24 CFR Ch. I
13、X (4111 Edition) 1006.10 (i) Medical expenses, in the case of an elderly or disabled family; and (ii) Reasonable attendant care and auxiliary apparatus expenses for each family member who is a person with disabilities, to the extent necessary to enable any member of the family (in-cluding a member w
14、ho is a person with disabilities) to be employed. (4) Child care expenses. Child care ex-penses, to the extent necessary to en-able another member of the family to be employed or to further his or her education. (5) Earned income of minors. The amount of any earned income of any member of the family
15、 who is less than 18 years of age. (6) Travel expenses. Excessive travel expenses, not to exceed $25 per family per week, for employmentor edu-cation-related travel. (7) Other amounts. Such other amounts as may be provided in the housing plan for Native Hawaiians. Affordable Housing means housing th
16、at complies with the requirements of the Act and this part. The term in-cludes permanent housing for homeless persons who are persons with disabil-ities, transitional housing, and single room occupancy housing. Assistant Secretary means HUDs As-sistant Secretary for Public and Indian Housing. Depart
17、ment of Hawaiian Home Lands (DHHL) means the agency or depart-ment of the government of the State of Hawaii that is responsible for the ad-ministration of the Hawaiian Homes Commission Act, 1920 (HHCA 1920) (42 Stat. 108 et seq.). Director means the Director of the Department of Hawaiian Home Lands.
18、 Drug-Related Criminal Activity means the illegal manufacture, sale, distribu-tion, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance (as such term is defined in section 102 of the Controlled Substances Act). Elderly families; near-elderly families means:
19、 (1) In general. The term elderly fam-ily or near-elderly family means a family whose head (or his or her spouse), or whose sole member, is: (i) For an elderly family, an elderly person; or (ii) For a near-elderly family, a near- elderly person. (2) Certain families included. The term elderly family
20、 or near-elderly fam-ily includes: (i) Two or more elderly persons or near-elderly persons, as the case may be, living together; and (ii) One or more persons described in paragraph (2)(i) of this definition living with one or more persons determined under the housing plan to be essential to their ca
21、re or well-being. Elderly person means an individual who is at least 62 years of age. Family includes, but is not limited to, a family with or without children, an elderly family, a near-elderly family, a disabled family, a single person, as de-termined by the DHHL. Hawaiian Home Lands means lands t
22、hat: (1) Have the status as Hawaiian home lands under section 204 of the HHCA 1920 (42 Stat. 110); or (2) Are acquired pursuant to the HHCA 1920. Homebuyer payment means the pay-ment of a family purchasing a home pursuant to a long-term lease purchase agreement. Housing area means an area of Hawai-i
23、an Home Lands with respect to which the DHHL is authorized to provide as-sistance for affordable housing under the Act and this part. Housing plan means a plan developed by the DHHL pursuant to the Act and this part, particularly 1006.101. HUD means the Department of Hous-ing and Urban Development.
24、Low-income family means a family whose income does not exceed 80 per-cent of the median income for the area, as determined by HUD with adjust-ments for smaller and larger families, except that HUD may, for purposes of this paragraph, establish income ceil-ings higher or lower than 80 percent of the
25、median for the area on the basis of the findings of HUD or the agency that such variations are necessary because of prevailing levels of construction costs or unusually high or low family incomes. Median income means, with respect to an area that is a housing area, the greater of: VerDate Mar2010 10
26、:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00800 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-791 Asst. Secry., for Public and Indian Housing, HUD 1006.101 (1) The median inco
27、me for the hous-ing area, which shall be determined by HUD; or (2) The median income for the State of Hawaii. Native Hawaiian means any indi-vidual who is: (1) A citizen of the United States; and (2) A descendant of the aboriginal people, who, prior to 1778, occupied and exercised sovereignty in the
28、 area that currently constitutes the State of Ha-waii, as evidenced by: (i) Genealogical records; (ii) Verification by kupuna (elders) or kamaaina (long-term community resi-dents); or (iii) Birth records of the State of Ha-waii. Native Hawaiian Housing Block Grant (NHHBG) Funds means funds made avai
29、lable under the Act, plus program income. Near-elderly person means an indi-vidual who is at least 55 years of age and less than 62 years of age. Nonprofit means, with respect to an organization, association, corporation, or other entity, that no part of the net earnings of the entity inures to the
30、benefit of any member, founder, con-tributor, or individual. Secretary means the Secretary of Housing and Urban Development. Tenant-based rental assistance means a form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. Tenant-based
31、rental assist-ance under this part also includes secu-rity deposits for rental of dwelling units. Transitional housing means housing that: (1) Is designed to provide housing and appropriate supportive services to per-sons, including (but not limited to) de-institutionalized individuals with dis-abil
32、ities, homeless individuals with disabilities, and homeless families with children; and (2) Has as its purpose facilitating the movement of individuals and families to independent living within a time pe-riod that is set by the DHHL or project owner before occupancy. 1006.20 Grants for affordable ho
33、using 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 to carry out affordable housing activities for Native Hawaiian families who are eligi-ble to reside on the Hawaiian Home Lands, if: (1) The Director h
34、as submitted to HUD a housing plan for that fiscal year; and (2) HUD has determined that the housing plan complies with the re-quirements of 1006.101. (b) Waiver. HUD may waive housing plan requirements if HUD finds that the DHHL has not complied or cannot comply with those requirements due to circu
35、mstances beyond the control of the DHHL. 1006.30 Waivers. Upon determination of good cause, the Secretary may, subject to statu-tory limitations, waive any provision of this part and delegate this authority in accordance with section 106 of the Department of Housing and Urban De-velopment Reform Act
36、 of 1989 (42 U.S.C. 3535(q). Subpart BHousing Plan 1006.101 Housing plan requirements. The DHHL must submit a housing plan for each Federal Fiscal Year grant. The housing plan has two com-ponents, a five-year plan and a one- year plan, as follows: (a) Five-year plan. Each housing plan must contain,
37、for the 5-year period be-ginning with the fiscal year for which the plan is first submitted, the fol-lowing information: (1) Mission statement. A general state-ment of the mission of the DHHL to serve the needs of the low-income Na-tive Hawaiian families eligible to live on the Hawaiian Home Lands t
38、o be served by the DHHL; (2) Goals and objectives. A statement of the goals and objectives of the DHHL to enable the DHHL to serve the needs identified in paragraph (a)(1), of this section during the 5-year period; and VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00801 Fmt 8010 Sfmt 80
39、10 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-792 24 CFR Ch. IX (4111 Edition) 1006.101 (3) Activities plans. An overview of the activities planned during the 5-year pe-riod including an ana
40、lysis of the man-ner in which the activities will enable the DHHL to meet its mission, goals, and objectives. (b) One-year plan. The housing plan must contain the following informa-tion for the fiscal year for which the assistance under the Act is to be made available: (1) Goals and objectives. A st
41、atement of the goals and objectives to be ac-complished by the DHHL with its an-nual grant allocation that are measur-able in a quantitative way. (2) Statement of needs. A statement of the housing needs of the low-income families served by the DHHL and the means by which those needs will be ad-dress
42、ed during the period covered by the plan, including: (i) A description of the estimated housing needs and the need for assist-ance for the low-income families to be served by the DHHL, including a de-scription of the manner in which the geographical distribution of assistance is consistent with: (A)
43、 The geographical needs of those families; and (B) Needs for various categories of housing assistance; and (ii) A description of the estimated housing needs for all families to be served by the DHHL. (3) Financial resources. An operating budget for the DHHL that includes an identification and a desc
44、ription of: (i) The NHHBG funds and other fi-nancial resources reasonably available to the DHHL to carry out eligible ac-tivities, including an explanation of the manner in which NHHBG funds will be used to leverage additional re-sources; and (ii) Eligible activities to be under-taken and their proj
45、ected cost, includ-ing administrative expenses. (4) Affordable housing resources. A statement of the affordable housing re-sources currently available at the time of the submittal of the plan and to be made available during the period cov-ered by the plan, including: (i) A description of the signifi
46、cant characteristics of the housing market in the State of Hawaii, including the availability of housing from other pub-lic sources and private market housing; (ii) The effect of the characteristics identified under paragraph (b)(4)(i) of this section, on the DHHLs decision to use the NHHBG for: (A)
47、 Rental assistance; (B) The production of new units; (C) The acquisition of existing units; or (D) The rehabilitation of units; (iii) A description of the structure, coordination, and means of cooperation between the DHHL and any other gov-ernmental entities in the development, submission, or implem
48、entation of the housing plan, including a description of: (A) The involvement of private, pub-lic, and nonprofit organizations and in-stitutions; (B) The use of loan guarantees under section 184A of the Housing and Com-munity Development Act of 1992; and (C) Other housing assistance provided by the
49、United States, including loans, grants, and mortgage insurance; (iv) A description of the manner in which the plan will address the needs identified pursuant to paragraph (b)(2) of this section; (v) A description of: (A) Any existing or anticipated homeownership programs and rental programs to be carried out during the period covered by the plan; and (B) The requirements and assistance available under the programs referred to in paragraph (b
