1、340 24 CFR Ch. IX (4111 Edition) 908.108 (c) Electronic transmission of data. Electronic transmission of data con-sists of submission of all required data fields (correctly formatted) from the forms HUD050058 and HUD50058FSS telephonically, in accordance with HUD instructions. Regardless of wheth-er
2、 an HA obtains the ADP system itself or contracts with a service bureau to provide the system, the software must be periodically updated to incorporate changes or revisions in legislation, reg-ulations, handbooks, notices, or HUD electronic transmission data format re-quirements. (d) Service contrac
3、t. HAs that deter-mine that the purchase of hardware and/or software is not cost effective may contract out the electronic data transmission function to organizations that provide such services, including, but not limited to the following organi-zations: local management associa-tions and management
4、 agents with centralized facilities. HAs that con-tract out the electronic transmission function must retain the ability to monitor the day-to-day operations of the project at the HA site and be able to demonstrate the ability to the rel-evant HUD Field Office. (e) Notwithstanding the provisions of
5、paragraphs (a) and (b) of this section, the Department may approve trans-mission of the data by tape or diskette if it determines that the cost of tele-phonic transmission would be exces-sive. (Approved by the Office of Management and Budget under control number 25770083) 908.108 Cost. (a) General.
6、The costs of the elec-tronic transmission of the correctly formatted data, including either the purchase and maintenance of computer hardware or software, or both, the cost of contracting for those services, or the cost of centralizing the electronic transmission function, shall be consid-ered Secti
7、on 8 Administrative ex-penses, or eligible public and Indian housing operating expenses that can be included in the public and Indian hous-ing operating budget. At the HAs op-tion, the cost of the computer software may include service contracts to pro-vide maintenance or training, or both. (b) Sourc
8、es of funding. For public and Indian housing, costs may be covered from operating subsidy for which the HA is already eligible, or the initial cost may be covered by funds received by the HA under HUDs Comprehensive Improvement Assistance Program (CIAP) or Comprehensive Grant Pro-gram (CGP). For Sec
9、tion 8 programs, the costs may be covered from ongoing administrative fees or the Section 8 op-erating reserve. 908.112 Extension of time. The HUD Field Office may grant an HA an extension of time, of a reason-able period, for implementation of the requirements of 908.104, if it deter-mines that suc
10、h electronic submission is infeasible because of one of the fol-lowing: (a) Lack of staff resources; (b) Insufficient financial resources to purchase the required hardware, soft-ware or contractual services; or (c) Lack of adequate infrastructure, including, but not limited to, the in-ability to obt
11、ain telephone service to transmit the required data. PART 941PUBLIC HOUSING DEVELOPMENT Subpart AGeneral Sec. 941.101 Purpose and scope. 941.102 Development methods and funding. 941.103 Definitions. Subpart BPHA Eligibility and Program Requirements 941.201 PHA eligibility. 941.202 Site and neighborh
12、ood standards. 941.203 Design and construction standards. 941.205 PHA contracts. 941.207 Displacement, relocation, and acqui-sition. 941.208 Other Federal requirements. 941.209 Audit. Subpart CApplication and Proposal 941.301 Application. 941.302 Annual contributions contract; drawdowns and advances
13、. 941.303 Site acquisition proposal. 941.304 Full proposal content. 941.305 Technical processing and approval. 941.306 Maximum project cost. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot f
14、or ResaleNo reproduction or networking permitted without license from IHS-,-,-341 Asst. Secry., for Public and Indian Housing, HUD 941.102 Subpart DProject Development 941.401 Site and property acquisition. 941.402 Project design and construction. 941.403 Acceptance of work and contract settlement.
15、941.404 Completion of development. Subpart EPerformance Review 941.501 HUD review of PHA performance; sanctions. Subpart FPublic/Private Partnerships for the Mixed Finance Development of Public Housing Units 941.600 Purpose. 941.602 Applicability of other requirements. 941.604 Definitions. 941.606 P
16、roposal. 941.608 Technical processing and approval. 941.610 Evidentiary materials and other doc-uments. 941.612 Disbursement of grant funds. 941.614 HUD monitoring and review. 941.616 Sanctions. AUTHORITY: 42 U.S.C. 1437b, 1437c, 1437g, and 3535(d). SOURCE: 45 FR 60838, Sept. 12, 1980, unless otherw
17、ise noted. Redesignated at 49 FR 6714, Feb. 23, 1984. Subpart AGeneral 941.101 Purpose and scope. (a) Purpose. The U.S. Housing Act of 1937 (Act), 42 U.S.C. 1437, authorizes HUD to assist public housing agencies (PHAs) with the development and oper-ation of low-income housing projects and financial
18、assistance in the form of grants (42 U.S.C. 1437c, 1437g, and 1437l). The purpose of the program is to de-velop units which serve the needs of public housing residents over the long term and have the lowest possible life cycle costs, taking into account future operating and replacement costs, as wel
19、l as original capital investments. (b) Scope. This part is the regulation under which a PHA develops low-in-come housing (excluding Indian hous-ing), herein called public housing. (c) Approved information collections. The following sections of this part have been approved by the Office of Manage-men
20、t and Budget in accordance with the Paperwork Reduction Act of 1995 (42 U.S.C. 35013520) and assigned the OMB approval numbers indicated: Approval No. Sections 25770033 941.207, 941.301, 941.303, 941.304, 941.606, 941.610. 25770036 941.205, 941.404. 25770039 941.402. 61 FR 38016, July 22, 1996, as a
21、mended at 64 FR 13511, Mar. 19, 1999 EFFECTIVE DATE NOTE: At 61 FR 38016, July 22, 1996, 941.101 was revised. This section contains information collection and record-keeping requirements and will not become effective until approval has been given by the Office of Management and Budget. 941.102 Devel
22、opment methods and funding. (a) Methods. A PHA may use any gen-erally accepted method of development including, but not limited to, conven-tional, turnkey, acquisition with or without rehabilitation, mixed-finance, and force account. (1) Conventional. Under this method, the PHA is responsible for se
23、lecting a site or property and designing the project. The PHA advertises for com-petitive bids to build or rehabilitate the development on the PHA-owned site. The PHA awards a construction contract in accordance with 24 CFR part 85. The contractor receives progress payments from the PHA dur-ing cons
24、truction or rehabilitation and a final payment upon completion of the project in accordance with the con-struction contract. The conventional method may be used for either new construction or rehabilitation. (2) Turnkey. The turnkey method in-volves the advertisement and selection of a turnkey devel
25、oper by the PHA, based on the best housing package for a site or property owned or to be pur-chased by the developer. Following HUD approval of the PHAs full pro-posal, the developer prepares the de-sign and construction documents. The PHA and the developer execute the contract of sale to implement
26、the PHAs full proposal. The developer is responsible for providing a completed housing project, which includes obtain-ing construction financing. Upon com-pletion of project construction or reha-bilitation in accordance with the con-tract of sale, the PHA purchases the development from the developer
27、. This VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-342 24 CFR Ch. IX (4111 Edition) 941.103 method may be u
28、sed for either new construction or rehabilitation. (3) Acquisition. The acquisition meth-od involves a purchase of existing prop-erty that requires little or no repair work. Any needed repair work is com-pleted after acquisition, either by the PHA contracting to have the work done or by having the s
29、taff of the PHA perform the work. (4) Mixed-finance. This method in-volves financing from both public and private sources and may involve owner-ship of the public housing units by an entity other than the PHA. This meth-od of development may be carried out by a PHA only in accordance with the requir
30、ements set forth in subpart F. (5) Force account. The force account method involves use of PHA staff to carry out new construction or rehabili-tation. A PHA may only develop a full proposal based on the force account method if HUD has determined that the PHA has the capability to develop successfull
31、y the public housing units using this method. (b) Funding. A PHA may develop pub-lic housing with: (1) Development funds reserved by HUD for that purpose; (2) Modernization funds under section 14 of the Act (42 U.S.C. 1437l), to the ex-tent authorized by law and under pro-cedures approved by HUD; an
32、d/or (3) Funds available to it from any other source, consistent with 941.306(e), or as may be otherwise ap-proved by HUD. (c) Limit on number of units(1) Gen-eral. A PHA may not develop public housing pursuant to this part beyond the lesser of the number of units that the PHA had under ACC on Augus
33、t 21, 1996, or the number of units for which it was receiving operating subsidy on that date, unless authorized by HUD. HUD may condition such authorization on the PHAs agreement that such in-cremental units, once developed, will be ineligible for capital and/or oper-ating subsidies from HUD. (2) Re
34、placement housing units. With re-spect to units constructed to replace public housing units that were demol-ished or disposed of, a PHA may use (in whole or in part) funding from non- HUD sources or from HUD funding not provided under the Act. However, de-velopment of such units must be ap-proved by
35、 HUD in advance for them to be eligible for inclusion under the ACC. 61 FR 38016, July 22, 1996, as amended at 67 FR 76101, Dec. 10, 2002 941.103 Definitions. The terms HUD and Public Housing Agency (PHA) are defined in 24 CFR part 5. Act. The U.S. Housing Act of 1937 (42 U.S.C. 1437). Additional Pr
36、oject Costs (APC) means the sum of the following HUD-approved costs related to the development of a public housing project, which costs are not subject to the Total Development Cost limit but are included in the max-imum project cost, as described in 941.306: (1) Demolition of, or remediation of env
37、ironmental hazards associated with, public housing units that will not be replaced on the site; and (2) Extraordinary site costs that have been verified by an independent reg-istered engineer (e.g., removal of un-derground utility systems, and replace-ment of off-site underground utility systems, ex
38、tensive rock and/or soil re-moval and replacement, and ameliora-tion of unusual site conditions such as unusual slopes, terraces, water catchments, lakes, etc.) Annual Contributions Contract (ACC). A contract (in the form prescribed by HUD) for loans and contributions, which may be in the form of gr
39、ants, whereby HUD agrees to provide finan-cial assistance and the PHA agrees to comply with HUD requirements for the development and operation of a public housing project. Community Renewal Cost (CRC) means the sum of the following HUD-approved costs related to the development of a public housing pr
40、oject: planning (in-cluding proposal preparation), adminis-tration, site acquisition, relocation, demolition of, and site remediation of environmental hazards associated with, public housing units that will be re-placed on the project site, interest and carrying charges, off-site facilities, communi
41、ty buildings and non-dwelling facilities, contingency allowance, in-surance premiums, any initial oper-ating deficit, on-site streets, on-site utilities, and other costs necessary to VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on D
42、SK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-343 Asst. Secry., for Public and Indian Housing, HUD 941.201 develop the project that are not cov-ered under APC or Housing Construc-tion Cost. Construction Contract. A contract be
43、-tween the PHA and a contractor to build or rehabilitate a project using the conventional development method. Construction documents. The working drawings and construction specifica-tions and the rehabilitation work write-ups, where applicable, that set forth the work to be done under a con-structio
44、n contract or contract of sale. Contract of sale. A contract between the PHA and a developer whereby the PHA agrees to purchase a completed project after construction or rehabili-tation by a developer using the turn-key development method. Cooperation Agreement. An agreement between a PHA and the ap
45、plicable local governing body or bodies which assures exemption from real and personal prop-erty taxes, provides for local support and services for the development and operation of a public housing project, and provides for PHA payments in lieu of taxes. Design documents. The preliminary drawings an
46、d specifications and the preliminary rehabilitation work write- ups, where applicable, in sufficient de-tail to define the extent of construc-tion or rehabilitation and demonstrate compliance with HUD design and con-struction standards. Housing Construction Cost (HCC) means the sum of the following
47、HUD- approved costs related to the develop-ment of a public housing project: dwelling unit hard costs (including construction and equipment); builders overhead and profit; the cost of extend-ing utilities from the street to the pub-lic housing project; finish landscaping; and the payment of Davis-Ba
48、con wage rates. Proposal. A document submitted by a PHA to HUD, in accordance with sub-part C of this part, for approval of the development of a public housing project. As used in this part, pro-posal refers to both the site acquisi-tion proposal (941.303), and the full proposal (941.304), unless sp
49、ecifically indicated otherwise. Public housing capital assistance means assistance provided by HUD under the Act or the HOPE VI program in connection with the development of public housing under this part, includ-ing: Capital Fund assistance provided under section 9(d) of the Act, public housing development assistance pro-vided under section 5 of the Act, Oper-ating Fund assistance used for capital purposes under section 9(g)(1) or (g)(
