1、326 24 CFR Ch. IX (4111 Edition) Pt. 906 PART 906PUBLIC HOUSING HOMEOWNERSHIP PROGRAMS Subpart AGeneral Sec. 906.1 Purpose. 906.2 Definitions. 906.3 Requirements applicable to homeown-ership programs previously approved by HUD. Subpart BBasic Program Requirements 906.5 Dwelling units and types of as
2、sistance that a PHA may make available under a homeownership program under this part. 906.7 Physical requirements that a property offered for sale under this part must meet. 906.9 Title restrictions and encumbrances on properties sold under a homeowner-ship program. Subpart CPurchaser Requirements 9
3、06.11 Eligible purchasers. 906.13 Right of first refusal. 906.15 Requirements applicable to a family purchasing a property under a homeown-ership program. 906.17 PHA handling of homeownership ap-plications. 906.19 Requirements applicable to a pur-chase and resale entity (PRE). Subpart DProgram Admin
4、istration 906.23 Protections available to non-pur-chasing public housing residents. 906.24 Protections available to non-pur-chasing residents of housing other than public housing. 906.25 Ownership interests that may be con-veyed to a purchaser. 906.27 Limitations applicable to net pro-ceeds on the s
5、ale of a property acquired through a homeownership program. 906.29 Below-Market sales and financing. 906.31 Requirements applicable to net pro-ceeds resulting from sale. 906.33 Reporting and recordkeeping require-ments. 906.35 Inapplicability of section 18 of the United States Housing Act of 1937. 9
6、06.37 Davis-Bacon and HUD wage rate re-quirements. Subpart EProgram Submission and Approval 906.38 Requirement of HUD approval to im-plement a homeownership program under this part. 906.39 Contents of a homeownership pro-gram. 906.40 Supporting documentation. 906.41 Additional supporting documentati
7、on for acquisition of non-public housing for homeownership. 906.43 Where a PHA is to submit a home-ownership program for HUD approval. 906.45 HUD criteria for reviewing a proposed homeownership program. 906.47 Environmental requirements. 906.49 HUD approval; implementing agree-ments. AUTHORITY: 42 U
8、.S.C. 1437z4 and 3535(d). SOURCE: 68 FR 1172, Mar. 11, 2003, unless otherwise noted. Subpart AGeneral 906.1 Purpose. (a) This part states the requirements and procedures governing public hous-ing homeownership programs involving sales of individual dwelling units to families or to purchase and resal
9、e enti-ties (PREs) for resale to families car-ried out by public housing agencies (PHAs), as authorized by section 32 of the United States Housing Act of 1937 (42 U.S.C. 1437z4) (1937 Act). A PHA may only transfer public housing units for homeownership under a homeown-ership program approved by HUD
10、under this part, except as provided under 906.3. This section does not govern new construction or substantial reha-bilitation of units sold under this part. Such construction or rehabilitation is governed by the public housing devel-opment and modernization regulations. (b) Under a public housing ho
11、meown-ership program, a PHA makes available for purchase by low-income families for use as their principal residences public housing dwelling units, public housing developments, and other housing units or developments owned, assisted, or op-erated, or otherwise acquired by the PHA for sale under a h
12、omeownership program in connection with the use of assistance provided under the 1937 Act (1937 Act funds). A PHA may sell all or a portion of a property for purposes of homeownership in accordance with a HUD-approved homeownership pro-gram, and in accordance with the PHAs annual plan under part 903
13、 of this title. 906.2 Definitions. Annual Contributions Contract (ACC) is defined in 24 CFR 5.403. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking per
14、mitted without license from IHS-,-,-327 Asst. Secry., for Public and Indian Housing, HUD 906.7 Low-income family is defined in the 1937 Act, 42 U.S.C. 1437a(b)(2). Non-public housing unit means a hous-ing unit that does not receive assist-ance under the 1937 Act (other than Section 8 assistance). PH
15、A Plan means the 5-year or annual plan required under section 5A of the 1937 Act, 42 U.S.C. 1437c1, and its im-plementing regulations at 24 CFR part 903. Purchase and Resale Entity (PRE) means an entity that acquires units for resale to low-income families in ac-cordance with this part. 906.3 Requir
16、ements applicable to homeownership programs pre-viously approved by HUD. (a) Any existing section 5(h) or Turn-key III homeownership program con-tinues to be governed by the require-ments of part 906 or part 904 of this title, respectively, contained in the April 1, 2002, edition of 24 CFR, parts 70
17、0 to 1699. The use of other program income for homeownership activities continues to be governed by agree-ments executed with HUD. (b) A PHA may convert an existing homeownership program, or a specific number of the units in such a program, to a homeownership program under this part with HUD approva
18、l. Subpart BBasic Program Requirements 906.5 Dwelling units and types of as-sistance that a PHA may make available under a homeownership program under this part. (a) A homeownership program under this part may provide for sale of: (1) Units that are public housing units; and (2) Other units owned, o
19、perated, as-sisted, or acquired for homeownership sale and that have received the benefit of 1937 Act funds or are to be sold with the benefit of 1937 Act funds (non-pub-lic housing units). In selecting such units to be sold in a homeownership program under this part, the PHA shall not select units
20、such that it could not comply with 906.7(a). (b) A homeownership program under this part may provide for financing to eligible families (see 905.15 of this title) purchasing dwelling units eligi-ble under paragraph (a) of this section under the program, or for acquisition of housing units or develop
21、ments by the PHA for sale under the program. (1) Under this part, a PHA may use assistance from amounts it receives under the Capital Fund under section 9(d) of the 1937 Act or from other in-come earned from its 1937 Act pro-grams to provide assistance to public housing residents only to facilitate
22、the purchase of homes (e.g., counseling, closing costs, that portion of the down payment not required to be supplied from the purchasers funds under the provisions of 906.15(c), financing, and moving assistance). Public housing residents may use such assistance to purchase the unit in which they res
23、ide, another public housing unit, or a resi-dence not located in a public housing development. (2) A PHA may provide financing as-sistance for other eligible purchasers from other income, i.e., funds not from 1937 Act programs, such as proceeds from selling public housing units, loan repayments, and
24、 public housing debt forgiveness funding not already com-mitted to another purpose. (3) In accordance with the rules and regulations governing the Section 8(y) Homeownership Option, found in 24 CFR part 982 subpart M, a PHA may make its housing choice voucher funds available to provide assistance to
25、 a family purchasing a unit under this part. A family receiving assistance under the Section 8(y) program and participating in a homeownership pro-gram under this part must meet the re-quirements of both programs. (c) A PHA must not use 1937 Act funds to rehabilitate units that are not public housin
26、g units. 906.7 Physical requirements that a property offered for sale under this part must meet. (a) Property standards. A property of-fered for sale under a homeownership program must meet local code require-ments (or, if no local code exists, the housing quality standards established by HUD for th
27、e Section 8 Housing Choice Voucher Program, 24 CFR part 982) and the relevant requirements of VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitte
28、d without license from IHS-,-,-328 24 CFR Ch. IX (4111 Edition) 906.9 the Lead-Based Paint Poisoning Pre-vention Act (42 U.S.C. 48214846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 4856), and the implementing regula-tions at 24 CFR part 35, subparts A, B, L, and R
29、 of this title. When a prospec-tive purchaser who has known disabil-ities, or who has a family member with known disabilities requires accessible features, the features must be added as a reasonable accommodation to the disability, in accordance with the re-quirements of 8.29 of this title. Fur-ther
30、, the property must be in good re-pair, with the major components hav-ing a remaining useful life that is suffi-cient to justify a reasonable expecta-tion that homeownership will be af-fordable by the purchasers. These standards must be met as a condition for conveyance of a dwelling to an indi-vidu
31、al purchaser. (b) A unit in this program for which the purchasing family is receiving as-sistance under Section 8(y) must be an eligible unit for purposes of the Home-ownership Option under 24 CFR part 982, subpart M. 906.9 Title restrictions and encum-brances on properties sold under a homeownershi
32、p program. (a) If the property is subject to in-debtedness under the Annual Contribu-tions Contract (ACC), HUD will con-tinue to make any debt service con-tributions for which it is obligated under the ACC, and the property sold will not be subject to the encumbrance of that indebtedness. (b) Upon s
33、ale of a public housing unit to a public housing tenant or eligible family, or to a PRE operating the units as non-public housing, in accordance with the HUD-approved homeownership program, HUD will execute a release of the title restrictions prescribed by the ACC. Because the property will no longe
34、r be subject to the ACC after sale, it will cease to be eligible for public housing Operating Fund or Capital Fund payments. Subpart CPurchaser Requirements 906.11 Eligible purchasers. Entities that purchase units from the PHA for resale to low-income families (purchase and resale entities or PREs)
35、and low-income families are eligible to purchase properties made available for sale under a PHA homeownership pro-gram. 906.13 Right of 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,
36、if any, notwithstanding the re-quirements of 906.15(a) and 906.15(c). (b) This program does not require the PHA, when selling a unit that is a non- public housing unit, to offer the unit for sale first to the current resident of the unit. 906.15 Requirements applicable to a family purchasing a prope
37、rty under a homeownership program. (a) Low-income requirement. Except in the case of a PHAs offer of first refusal to a resident occupying the unit under 906.13, a family purchasing a property under a PHA homeownership program must be a low-income family, as de-fined in section 3 of the 1937 Act (42
38、 U.S.C. 1437a), at the time the contract to purchase the property is executed. (b) Principal residence requirement. The dwelling unit sold to an eligible family must be used as the principal residence of the family. (c) Financial capacity requirement. Eli-gibility must be limited to families who are
39、 capable of assuming the finan-cial obligations of homeownership, under minimum income standards for affordability, taking into account the unavailability of public housing oper-ating subsidies and modernization funds after conveyance of the property by the PHA. A homeownership program may, however,
40、 take account of any available subsidy from other sources. Under this affordability standard, an applicant must meet the following re-quirements: (1) Cost/income ratio. On an average monthly estimate, the amount of the applicants payments for mortgage VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO
41、 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-329 Asst. Secry., for Public and Indian Housing, HUD 906.19 principal and interest, plus insurance, real estate
42、 taxes, utilities, mainte-nance, and other regularly recurring homeownership costs (such as condo-minium, cooperative, or other home-ownership association fees) will not ex-ceed the sum of: (i) 35 percent of the applicants ad-justed income as defined in 24 CFR part 913; and (ii) Any subsidy that wil
43、l be available for such payments; (2) Down payment requirement. Each family purchasing housing under a homeownership program must provide a down payment in connection with any loan for acquisition of the housing, in an amount determined by the PHA or PRE, in accordance with an ap-proved homeownershi
44、p program. Ex-cept as provided in paragraph (c)(3) of this section, the PHA or PRE must per-mit the family to use grant amounts, gifts from relatives, contributions from private sources, and other similar amounts in making the down payment; (3) The family must use its own re-sources other than grant
45、s, gifts, con-tributions, or similar amounts, to con-tribute an amount of the down pay-ment that is not less than one percent of the purchase price of the housing. The PHA or PRE must maintain records that are verifiable by HUD through audits regarding the source of this one percent contribution. (d
46、) Other requirements established by the PHA. A PHA may establish require-ments or limitations for families to purchase housing under a homeowner-ship program, including but not lim-ited to requirements or limitations re-garding: (1) Employment or participation in employment counseling or training ac
47、-tivities; (2) Criminal activity; (3) Participation in homeownership counseling programs; and (4) Evidence of regular income. 906.17 PHA handling of homeowner-ship applications. Families who are interested in pur-chasing a unit must submit applica-tions to the PHA or PRE for that spe-cific purpose,
48、and those applications must be handled separately from appli-cations for other PHA programs. Appli-cation for homeownership must not af-fect an applicants place on any other PHA waiting list for rental units. 906.19 Requirements applicable to a purchase and resale entity (PRE). (a) In general. In th
49、e case of a pur-chase of units for resale to low-income families by a PRE, the PHA must have an approved homeownership program that describes the use of a PRE to sell the units to low-income families with-in 5 years from the date of the PREs acquisition of the units. (b) PRE requirements. The PHA must demonstrate in its homeownership pro-gram that the PRE has the necessary legal capacity and administrative ca-pability to carry out its respons
