1、312 24 CFR Ch. IX (4111 Edition) Pt. 905 be available to the Authority for such pur-poses and subject to whatever applicable HUD regulations; 3. The Association shall be entitled to the use of office space in lllll at the Devel-opment without charge by the Authority for such use; 4. The Authority an
2、d the officers of the As-sociation shall meet at a location convenient to both parties on the lllll (day) of each month to discuss matters of interest to ei-ther party; 5. In the event the parties later agree that the Association should assume management responsibilities now held by the Authority, a
3、 contract for such purpose will be negotiated by llllllllll the Association; llllllllll terminate upon dissolu-tion of the Association. IN WITNESS HEREOF, the parties have executed this Agreement on llllllllll, 19ll. Local Housing Authority By (Official Title) Homebuyers Association By (Official Tit
4、le) WITNESSES: llllllllllll PART 905THE PUBLIC HOUSING CAPITAL FUND PROGRAM Subpart ACapital Fund Sec. 905.10 Capital Fund formula (CFF). 905.120 Penalties for slow obligation or ex-penditure of Capital Fund program as-sistance. Subpart BD Reserved Subpart EUse of Capital Funds for Financing 905.500
5、 Purpose and description. 905.505 Program requirements. 905.507 Streamlined application require-ments for standard and high-performing PHAs. 905.510 Submission requirements. 905.515 HUD review and approval. AUTHORITY: 42 U.S.C. 1437g, 42 U.S.C. 1437z 2, and 3535(d). SOURCE: 65 FR 14426, March 16, 20
6、00, unless otherwise noted. Subpart ACapital Fund SOURCE: 75 FR 65208, Oct. 21, 2010, unless otherwise noted. 905.10 Capital Fund formula (CFF). (a) General. This section describes the formula for allocation of capital funds to PHAs. The formula is referred to as the Capital Fund formula (CFF). (b)
7、Emergency reserve and use of amounts. (1) In each Federal fiscal year after Federal Fiscal Year (FFY) 1999, from amounts approved in the appro-priation act for funding under this part, HUD: (i) Shall reserve an amount not to ex-ceed that authorized by 42 U.S.C. 1437g(k) for (A) Use for assistance in
8、 connection with emergencies and other disasters, and (B) Housing needs resulting from any settlement of litigation; and (ii) May reserve such other amounts for other purposes authorized by 42 U.S.C. 1437g(k). (2) Amounts set aside under para-graph (b) of this section may be used for assistance for
9、any eligible use under the Capital Fund, Operating Fund, or tenant-based assistance in ac-cordance with section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). (3) The use of any amounts as pro-vided under paragraph (b) of this sec-tion relating to emergencies (other than disasters and housing
10、needs re-sulting from settlement of litigation) shall be announced subsequently through FEDERAL REGISTER notice. (c) Formula allocation based on relative needs. After determining the amounts to be reserved under paragraph (b) of this section, HUD shall allocate the amount remaining in accordance wit
11、h the CFF. The CFF measures the exist-ing modernization needs and accrual needs of PHAs. (d) Allocation for existing moderniza-tion needs under the CFF. HUD shall al-locate one-half of the available Capital Fund amount based on the relative ex-isting modernization needs of PHAs, determined in accord
12、ance with this paragraph (d) of this section. (1) For PHAs greater than or equal to 250 or more units in FFY 1999, except the New York City and Chicago Housing Au-thorities, estimates of the existing mod-ernization need will be based on the following: (i) Objective measurable data con-cerning the fo
13、llowing PHA, community VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-313 Asst. Secry., for Public and Indian
14、Housing, HUD 905.10 and development characteristics ap-plied to each development: (A) The average number of bedrooms in the units in a development. (Equa-tion co-efficient: 4604.7); (B) The total number of units in a de-velopment as of FFY 1999. (Equation co-efficient: 10.17); (C) The proportion of
15、units, as of FFY 1998, in a development in build-ings completed in 1978 or earlier. In the case of acquired developments, HUD will use the Date of Full Availability (DOFA) date unless the PHA provides HUD with the actual date of construc-tion. When provided with the actual date of construction, HUD
16、will use this date (or, for scattered sites, the aver-age dates of construction of all the buildings), subject to a 50-year cap. (Equation co-efficient: 4965.4); (D) The cost index of rehabilitating property in the area as of FFY 1999. (Equation co-efficient: 10608); (E) The extent to which the unit
17、s of a development were in a non-metro-politan area as defined by the Census Bureau during FFY 1996. (Equation co- efficient: 2703.9); (F) The PHA is located in the south-ern census region, as defined by the Census Bureau. (Equation co-efficient: 269.4); (G) The PHA is located in the west-ern census
18、 region, as defined by the Census Bureau. (Equation co-efficient: 1709.5); (H) The PHA is located in the mid-west census region as defined by the Census Bureau. (Equation co-efficient: 246.2) (ii) An equation constant of 13851. (A) Newly constructed units. Units with a DOFA date of October 1, 1991,
19、or thereafter, will be considered to have a zero existing modernization need. (B) Acquired developments. Develop-ments acquired by a PHA with a DOFA date of October 1, 1991, or thereafter, will be considered by HUD to have a zero existing modernization need. (2) For New York City and Chicago Housing
20、 Authorities, based on a large sample of direct inspections. For pur-poses of this formula, prior to the cost calibration in paragraph (d)(4) of this section, the number used for the exist-ing modernization need of family de-velopments is $16,680 in New York, and $24,286 in Chicago, and the number f
21、or elderly developments is $14,622 in New York, and $16,912 in Chicago. (i) Newly constructed units. Units with a DOFA date of October 1, 1991, or thereafter, will be considered to have a zero existing modernization need. (ii) Acquired developments. Develop-ments acquired by a PHA with a DOFA date o
22、f October 1, 1991, or thereafter, will be considered by HUD to have a zero existing modernization need. (3) For PHAs with fewer than 250 units in FFY 1999, estimates of the existing modernization need will be based on the following: (i) Objective measurable data con-cerning the following PHA, commun
23、ity and development characteristics ap-plied to each development: (A) The average number of bedrooms in the units in a development. (Equa-tion co-efficient: 1427.1); (B) The total number of units in a de-velopment as of FFY 1999. (Equation co-efficient: 24.3); (C) The proportion of units, as of FFY
24、1998, in a development in build-ings completed in 1978 or earlier. In the case of acquired developments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construction, in which case HUD will use the actual date of construction (or, for scattered sites, the average dates
25、 of construction of all the buildings), sub-ject to a 50-year cap. (Equation co-effi-cient: 1389.7); (D) The cost index of rehabilitating property in the area, as of FFY 1999. (Equation co-efficient: 20163); (E) The extent to which the units of a development were in a non-metro-politan area as defin
26、ed by the Census Bureau during FFY 1996. (Equation co- efficient: 6157.7); (F) The PHA is located in the south-ern census region, as defined by the Census Bureau. (Equation co-efficient: 4379.2); (G) The PHA is located in the west-ern census region, as defined by the Census Bureau. (Equation co-effi
27、cient: 3747.7); (H) The PHA is located in the mid-west census region as defined by the Census Bureau. (Equation co-efficient: 2073.5) (ii) An equation constant of 24762. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD
28、 with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-314 24 CFR Ch. IX (4111 Edition) 905.10 (A) Newly constructed units. Units with a DOFA date of October 1, 1991, or thereafter, will be considered to have a zero existing modernization need. (B)
29、 Acquired developments. Develop-ments acquired by a PHA with a DOFA date of October 1, 1991, or thereafter, will be considered by HUD to have a zero existing modernization need. (4) Calibration of existing modernization need for cost index of rehabilitating prop-erty in the area. The estimated exist
30、ing modernization need, as determined under paragraphs (d)(1), (d)(2) or (d)(3) of this section, shall be adjusted by the values of the cost index of rehabili-tating property in the area. (e) Allocation for accrual needs under the CFF. HUD shall allocate the other half of the remaining Capital Fund
31、amount based on the relative accrual needs of PHAs, determined in accord-ance with paragraph (e) of this section. (1) For PHAs greater than or equal to 250 or more units, except the New York City and Chicago Housing Authorities, es-timates of the accrual need will be based on the following: (i) Obje
32、ctive measurable data con-cerning the following PHA, community and development characteristics ap-plied to each development: (A) The average number of bedrooms in the units in a development. (Equa-tion co-efficient: 324.0); (B) The extent to which the buildings in a development average fewer than 5
33、units. (Equation co-efficient: 93.3); (C) The age of a development as of FFY 1998, as determined by the DOFA date. In the case of acquired develop-ments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construction, in which case HUD will use the actual date of constru
34、ction (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. (Equation co-efficient: 7.8); (D) Whether the development is a family development. (Equation co-effi-cient: 184.5); (E) The cost index of rehabilitating property in the area, as of FFY
35、1999. (Equation co-efficient: 252.8); (F) The extent to which the units of a development were in a non-metro-politan area as defined by the Census Bureau during FFY 1996. (Equation co- efficient: 121.3); (G) PHA size of 6600 or more units in FFY 1999. (Equation co-efficient: 150.7); (H) The PHA is l
36、ocated in the south-ern census region, as defined by the Census Bureau. (Equation co-efficient: 28.4); (I) The PHA is located in the western census region, as defined by the Census Bureau. (Equation co-efficient: 116.9); (J) The PHA is located in the mid-west census region as defined by the Census B
37、ureau. (Equation co-efficient: 60.7) (ii) An equation constant of 1371.9, (2) For New York City and Chicago Housing Authorities, based on a large sample of direct inspections. For pur-poses of this formula, prior to the cost calibration in paragraph (e)(4) of this section the number used for the ac-
38、crual need of family developments is $1,395 in New York, and $1,251 in Chi-cago, and the number for elderly devel-opments is $734 in New York, and $864 in Chicago. (3) For PHAs with fewer than 250 units, estimates of the accrual need will be based on the following: (i) Objective measurable data con-
39、cerning the following PHA, community and development characteristics ap-plied to each development: (A) The average number of bedrooms in the units in a development. (Equa-tion co-efficient: 325.5); (B) The extent to which the buildings in a development average fewer than 5 units. (Equation co-effici
40、ent: 179.8); (C) The age of a development as of FFY 1998, as determined by the DOFA date. In the case of acquired develop-ments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construction. When pro-vided with the actual date of construc-tion, HUD will use this date (
41、or, for scattered sites, the average dates of construction of all the buildings), sub-ject to a 50-year cap. (Equation co-effi-cient: 9.0); (D) Whether the development is a family development. (Equation co-effi-cient: 59.3); (E) The cost index of rehabilitating property in the area, as of FFY 1999.
42、(Equation co-efficient: 1570.5); VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-315 Asst. Secry., for Public a
43、nd Indian Housing, HUD 905.10 (F) The extent to which the units of a development were in a non-metro-politan area as defined by the Census Bureau during FFY 1996. (Equation co- efficient: 122.9); (G) The PHA is located in the south-ern census region, as defined by the Census Bureau. (Equation co-eff
44、icient: 564.0); (H) The PHA is located in the west-ern census region, as defined by the Census Bureau. (Equation co-efficient: 29.6); (I) The PHA is located in the midwest census region as defined by the Census Bureau. (Equation co-efficient: 418.3) (ii) An equation constant of 3193.6. (4) Calibrati
45、on of accrual need for the cost index of rehabilitating property in the area. The estimated accrual need, as determined under either paragraph (e)(2) or (e)(3) of this section, shall be adjusted by the values of the cost index of rehabilitation. (f) Calculation of number of units(1) General. For pur
46、poses of determining the number of a PHAs public housing units, and the relative modernization needs of PHAs: (i) HUD shall count as one unit: (A) Each public housing and section 23 bond-financed unit under the ACC, except that it shall count as one-fourth of a unit each existing unit under Turnkey
47、III program. Units receiving operating subsidy only shall not be counted. (B) Each existing unit under the Mu-tual Help program. (ii) HUD shall add to the overall unit count units that are added to a PHAs inventory so long as the units are under ACC amendment and have reached DOFA by the date that H
48、UD establishes for the Federal Fiscal Year in which the CFF is being run (here-after called the reporting date). Any such increase in units shall result in an adjustment upwards in the number of units under the CFF. New units reach-ing DOFA after the reporting date will be counted for CFF purposes a
49、s of the following Federal Fiscal Year. (2) Replacement units. Replacement units newly constructed as of and after October 1, 1998 that replace units in a development funded in FFY 1999 by the Comprehensive Grant formula system or the Comprehensive Improvement As-sistance Program (CIAP) formula sys-tem will be given a new ACC number as a separate development and will be treated as a newly constructed develop-ment. (3)
