1、28 24 CFR Ch. VII (4111 Edition) Pt. 791 PARTS 762790 RESERVED PART 791ALLOCATIONS OF HOUSING ASSISTANCE FUNDS Subpart AGeneral Provisions Sec. 791.101 Applicability and scope. 791.102 Definitions. Subparts BC Reserved Subpart DAllocation of Budget Authority for Housing Assistance 791.401 General. 7
2、91.402 Determination of low-income hous-ing needs. 791.403 Allocation of housing assistance. 791.404 Field Office allocation planning. 791.405 Reallocations of budget authority. 791.406 Competition. 791.407 Headquarters Reserve. AUTHORITY: 42 U.S.C. 1439 and 3535(d). SOURCE: 61 FR 10849, Mar. 15, 19
3、96, unless otherwise noted. Subpart AGeneral Provisions 791.101 Applicability and scope. This part describes the role and re-sponsibility of HUD in allocation of budget authority (pursuant to section 213 of the Housing and Community De-velopment Act of 1974 (42 U.S.C. 1439) for housing assistance un
4、der the United States Housing Act of 1937 (Sec-tion 8 and public housing) and under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), and of budget authority for housing assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1710q). This part does not apply
5、to budget authority for the public housing operating fund or capital fund. 64 FR 26639, May 14, 1999 791.102 Definitions. Act. The Housing and Community De-velopment Act of 1974 (42 U.S.D. 1437), as amended. Allocation area. A municipality, coun-ty, or group of municipalities or coun-ties identified
6、 by the HUD field office for the purpose of allocating housing assistance. Assistant Secretary. The Assistant Secretary for Housing or the Assistant Secretary for Public and Indian Hous-ing, as appropriate to the housing as-sistance under consideration. Budget authority. The maximum amount authorize
7、d by the Congress for payments over the term of assistance contracts. Fiscal year. The official operating pe-riod of the Federal government, begin-ning on October 1 and ending on Sep-tember 30. Metropolitan area. See MSA. MSA. A metropolitan statistical area established by the Office of Manage-ment
8、and Budget. The term also in-cludes primary metropolitan statis-tical areas (PMSAs), which are the component parts of larger urbanized areas designated as consolidated met-ropolitan statistical areas (CMSAs). Where an MSA is divided among two or more field offices, references to an MSA mean the port
9、ion of the MSA within the State/Area Office jurisdic-tion. Public housing agency (PHA). (1) Any State, county, municipality, or other governmental entity or public body which is authorized to administer a program under the 1937 Act (or an agency or instrumentality of such an entity). (2) In addition
10、, for purposes of the program of Section 8 tenant-based as-sistance under part 982 of this title, the term PHA also includes any of the fol-lowing: (i) A consortia of housing agencies, each of which meets the qualifications in paragraph (1) of this definition, that HUD determines has the capacity an
11、d capability to efficiently administer the program (in which case, HUD may enter into a consolidated ACC with any legal entity authorized to act as the legal representative of the consortia members); (ii) Any other public or private non- profit entity that was administering a Section 8 tenant-based
12、assistance pro-gram pursuant to a contract with the contract administrator of such pro-gram (HUD or a PHA) in effect on Oc-tober 21, 1998; or (iii) For any area outside the juris-diction of a PHA that is administering a tenant-based program, or where HUD determines that such PHA is not ad-ministerin
13、g the program effectively, a VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-29 Office of the Secretary, HUD 79
14、1.402 private non-profit entity or a govern-mental entity or public body that would otherwise lack jurisdiction to administer the program in such area. 61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26639, May 14, 1999 Subparts BC Reserved Subpart DAllocation of Budget Authority for Housing Assista
15、nce 791.401 General. This subpart D establishes the proce-dures for allocating budget authority under section 213(d) of the Act for the programs identified in 791.101. It de-scribes the allocation of budget author-ity by the appropriate Assistant Sec-retary to the applicable Program Office Director
16、in the HUD field office, and by the Program Office Director to alloca-tion areas within their jurisdiction. 61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26639, May 14, 1999 791.402 Determination of low-income housing needs. (a) Before budget authority is allo-cated, the Assistant Secretary for Po
17、l-icy Development and Research shall determine the relative need for low-in-come housing assistance in each HUD field office jurisdiction. This deter-mination shall be based upon data from the most recent, available decennial census and, where appropriate, upon more recent data from the Bureau of th
18、e Census or other Federal agencies, or from the American Housing Survey. (b) Except for paragraph (c) of this section, the factors used to determine the relative need for assistance shall be based upon the following criteria: (1) Population. The renter population; (2) Poverty. The number of renter h
19、ouseholds with annual incomes at or below the poverty level, as defined by the Bureau of the Census; (3) Housing overcrowding. The number of renter-occupied housing units with an occupancy ratio of 1.01 or more per-sons per room; (4) Housing vacancies. The number of renter housing units that would b
20、e re-quired to maintain vacancies at levels typical of balanced market conditions; (5) Substandard housing. The number of housing units built before 1940 and occupied by renter households with an-nual incomes at or below the poverty level, as defined by the Bureau of the Census; and (6) Other object
21、ively measurable condi-tions. Data indicating potential need for rental housing assistance, such as the number of renter households with incomes below specified levels and pay-ing a gross rent of more than 30 per-cent of household income. (c) For the section 202 elderly pro-gram, the data used shall
22、 reflect rel-evant characteristics of the elderly population. The data shall use the cri-teria specified in paragraph (b)(1) and (6) of this section, as modified to apply specifically to the needs of the elderly population. (d) Based on the criteria in para-graphs (b) and (c) of this section, the As
23、sistant Secretary for Policy Devel-opment and Research shall establish housing needs factors for each county and independent city in the field office jurisdiction, and shall aggregate the factors for such jurisdiction. The field office total for each factor is then di-vided by the respective nationa
24、l total for that factor. The resulting housing needs ratios under paragraph (b) of this section are then weighted to provide housing needs percentages for each field office, using the following weights: population20 percent; pov-erty20 percent; housing over-crowding10 percent; housing vacan-cies10 p
25、ercent; substandard housing 20 percent; other objectively measur-able conditions20 percent. For the section 202 elderly program, the two criteria described in paragraph (c) of this section are weighted equally. (e) The Assistant Secretary for Pol-icy Development and Research shall adjust the housing
26、 needs percentages derived in paragraph (d) of this section to reflect the relative cost of providing housing among the field office jurisdic-tions. 61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26639, May 14, 1999 VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010
27、 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-30 24 CFR Ch. VII (4111 Edition) 791.403 791.403 Allocation of housing assist-ance. (a) The total budget authority avail-able for any fiscal year
28、shall be deter-mined by adding any available unre-served budget authority from prior fis-cal years to any newly appropriated budget authority for each housing pro-gram. (b) Budget authority available for the fiscal year, except for that retained pursuant to 791.407, shall be allocated to the field o
29、ffices as follows: (1) Budget authority shall be allo-cated as needed for uses that the Sec-retary determines are incapable of geo-graphic allocation by formula, includ-ing (i) Amendments of existing con-tracts, renewal of assistance contracts, assistance to families that would oth-erwise lose assis
30、tance due to the deci-sion of the project owner to prepay the project mortgage or not to renew the assistance contract, assistance to pre-vent displacement or to provide re-placement housing in connection with the demolition or disposition of public housing, assistance in support of the property dis
31、position and loan manage-ment functions of the Secretary; (ii) Assistance which is (A) The subject of a line item identi-fication in the HUD appropriations law, or in the table customarily in-cluded in the Conference Report on the appropriation for the Fiscal Year in which the funds are to be alloca
32、ted; (B) Reported in the Operating Plan submitted by HUD to the Committees on Appropriations; or (C) Included in an authorization stat-ute where the nature of the assistance, such as a prescribed set-aside, is, in the determination of the Secretary, in-capable of geographic allocation by for-mula, (
33、iii) Assistance determined by the Secretary to be necessary in carrying out the following programs authorized by the Cranston-Gonzalez National Af-fordable Housing Act: the Homeowner-ship and Opportunity Through HOPE Act under title IV and HOPE for Elder-ly Independence under section 803. (2) Budget
34、 authority remaining after carrying out allocation steps outlined in paragraph (b)(1) of this section shall be allocated in accordance with the housing needs percentages calculated under paragraphs (b), (c), (d), and (e) of 791.402. HUD may allocate assistance under this paragraph in such a manner t
35、hat each State shall receive not less than one-half of one percent of the amount of funds available for each pro-gram referred to in 791.101(a) in each fiscal year. If the budget authority for a particular program is insufficient to fund feasible projects, or to promote meaningful competition, at th
36、e field office level, budget authority may be allocated among the ten geographic areas of the country. The funds so allo-cated will be assigned by Headquarters to the field office(s) with the highest ranked applications within the ten geo-graphic areas. (c) At least annually HUD will pub-lish a noti
37、ce in the FEDERAL REGISTER informing the public of all allocations under 791.403(b)(2). 61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26640, May 14, 1999 791.404 Field Office allocation plan-ning. (a) General objective. The allocation planning process should provide for the equitable distribution
38、of available budget authority, consistent with the relative housing needs of each alloca-tion area within the field office juris-diction. (b) Establishing allocation areas. Allo-cation areas, consisting of one or more counties or independent cities, shall be established by the field office in ac-cor
39、dance with the following criteria: (1) Each allocation shall be to the smallest practicable area, but of suffi-cient size so that at least three eligible entities are viable competitors for funds in the allocation area, and so that all applicable statutory require-ments can be met. (It is expected t
40、hat in many instances individual MSAs will be established as metropolitan al-location areas.) For the section 202 pro-gram for the elderly, the allocation area must include sufficient units to promote a meaningful competition among disparate types of providers of such housing (e.g., local as well as
41、 na-tional sponsors, minority as well as non-minority sponsors). The preceding VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licen
42、se from IHS-,-,-31 Office of the Secretary, HUD 791.407 sentence shall not apply to projects ac-quired from the Resolution Trust Cor-poration under section 21A(c) of the Federal Home Loan Bank Act. (2) Each allocation area shall also be of sufficient size, in terms of popu-lation and housing need, t
43、hat the amount of budget authority being allo-cated to the area will support at least one feasible program or project. (3) In establishing allocation areas, counties and independent cities within MSAs should not be combined with counties that are not in MSAs. (c) Determining the amount of budget aut
44、hority. Where the field office estab-lishes more than one allocation area, it shall determine the amount of budget authority to be allocated to each allo-cation area, based upon a housing needs percentage which represents the needs of that area relative to the field office jurisdiction. For each pro
45、gram, a composite housing needs percentage developed under 791.402 for those counties and independent cities com-prising the allocation area shall be ag-gregated into allocation area totals. (d) Planning for the allocation. The field office should develop an alloca-tion plan which reflects the amoun
46、t of budget authority determined for each allocation area in paragraph (c). The plan should include a map or maps clearly showing the allocation areas within the field office jurisdiction. The relative share of budget authority by individual program type need not be the same for each allocation area
47、, so long as the total amount of budget au-thority made available to the alloca-tion area is not significantly reduced. 61 FR 10849, Mar. 15, 1996, as amended at 64 FR 26640, May 14, 1999 791.405 Reallocations of budget au-thority. (a) The field office shall make every reasonable effort to use the b
48、udget au-thority made available for each alloca-tion area within such area. If the Pro-gram Office Director determines that not all of the budget authority allo-cated for a particular allocation area is likely to be used during the fiscal year, the remaining authority may be allo-cated to other allo
49、cation areas where it is likely to be used during that fiscal year. (b) If the Assistant Secretary deter-mines that not all of the budget au-thority allocated to a field office is likely to be used during the fiscal year, the remaining authority may be reallo-cated to another field office where it is likely to be used during that fiscal year. (c) Any reallocations of budget au-thority among allocation areas or field offices shall be consi
