1、369 Asst. Secry., for Public and Indian Housing, HUD 945.103 (1) The PHA can demonstrate that its original competitive selection of the partner clearly anticipated the later provision of such goods or services; (2) Compensation of all identity-of- interest parties is structured to ensure there is no
2、 duplication of profit or ex-penses; and (3) The PHA can demonstrate that its selection is reasonable based upon pre-vailing market costs and standards, and that the quality and timeliness of the goods or services is comparable to that available in the open market. For purposes of this paragraph (c)
3、, an identity-of-interest party means a party that is wholly owned or con-trolled by, or that is otherwise affili-ated with, the partner or the PHA. The PHA may use an independent organiza-tion experienced in cost valuation to determine the cost reasonableness of the proposed contracts. 943.151 What
4、 procurement standards apply to a joint venture itself? (a) When the joint venture as a whole is controlled by the PHA or an identity of interest party of the PHA, the joint venture is subject to the requirements of part 85 of this title. (b) If a joint venture is not controlled by the PHA or an ide
5、ntity of interest party of the PHA, then the rules that apply to the other partners apply. See 943.150. PART 945DESIGNATED HOUS-INGPUBLIC HOUSING DES-IGNATED FOR OCCUPANCY BY DISABLED, ELDERLY, OR DISABLED AND ELDERLY FAMILIES Subpart AGeneral Sec. 945.101 Purpose. 945.103 General policies. 945.105
6、Definitions. Subpart BApplication and Approval Procedures 945.201 Approval to designate housing. 945.203 Allocation plan. 945.205 Designated housing for disabled fam-ilies. Subpart COperating Designated Housing 945.301 General requirements. 945.303 Requirements governing occupancy in designated hous
7、ing. AUTHORITY: 42 U.S.C. 1473e and 3535(d). SOURCE: 59 FR 17662, Apr. 13, 1994, unless otherwise noted. Subpart AGeneral 945.101 Purpose. The purpose of this part is to provide for designated housing as authorized by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e). Section 7 provides pu
8、blic housing agencies with the op-tion, subject to the requirements and procedures of this part, to designate public housing projects, or portions of public housing projects, for occupancy by disabled families, elderly families, or mixed populations of disabled fami-lies and elderly families. 945.10
9、3 General policies. (a) Agency participation. Participation in this program is limited to public housing agencies (PHAs) (as this term is defined in 24 CFR 913.102) that elect to designate public housing projects for occupancy by disabled families, elderly families, or disabled families and elder-ly
10、 families, as provided by this part. (b) Eligible housing(1) Designation of public housing. Projects eligible for des-ignation under this part are public housing projects as described in the definition of project in 945.105. (2) Additional housing resources. To meet the housing and supportive serv-i
11、ce needs of elderly families, and dis-abled families, including non-elderly disabled families, who will not be housed in a designated project, PHAs shall utilize housing resources that they own, control, or have received preliminary notification that they will obtain (e.g., section 8 certificates an
12、d vouchers). They also may utilize hous-ing resources for which they plan to apply during the period covered by the allocation plan, and that they have a reasonable expectation of obtaining. PHAs also may utilize, to the extent practicable, any housing facilities that they own or control in which su
13、p-portive services are already provided, facilitated or coordinated, such as mixed housing, shared housing, family VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction o
14、r networking permitted without license from IHS-,-,-370 24 CFR Ch. IX (4111 Edition) 945.105 housing, group homes, and congregate housing. (3) Exemption of mixed population projects. A PHA with a public housing project with a mixed population of el-derly families and disabled families that plans to
15、house them in such project in accordance with the require-ments of 24 CFR part 960, subpart D, is not required to meet the designation requirements of this part. (c) Family Participation in designated housing(1) Voluntary participation. The election to reside in designated housing is voluntary on th
16、e part of a family. No disabled family or elderly family may be required to reside in designated housing, nor shall a deci-sion not to reside in designated hous-ing adversely affect the family with re-spect to occupancy of another appro-priate project. (2) Meeting stated eligibility require-ments. N
17、othing in this part shall be construed to require or permit a PHA to accept for admission to a designated project a disabled family or elderly family who does not meet the stated eligibility requirements for occupancy in the project (for example, income), as set forth in HUDs regulations in 24 CFR p
18、arts 912 and 913, and in the PHAs admission policies. 945.105 Definitions. The terms Department, Elderly person, HUD, NAHA, Public Housing Agency (PHA), and Secretary are defined in 24 CFR part 5. Act means the United States Housing Act of 1937 (42 U.S.C. 14371440). Accessible units means units that
19、 meet the requirement of accessibility with respect to dwellings as set forth in the second definition of accessible in 24 CFR 8.3. Allocation plan. See 945.201. CHAS means the comprehensive housing affordability strategy required by section 105 of the National Afford-able Housing Act (42 U.S.C. 127
20、05) or any successor plan prescribed by HUD. Designated family means the category of family for whom the project is des-ignated (e. g., elderly family in a project designated for elderly families). Designated housing or designated project means a project (or projects), or a portion of a project (or
21、projects) (as these terms are defined in this section), that has been designated in accordance with the requirements of this part. Disabled family means a family whose head or spouse or sole member is a per-son with disabilities. The term dis-abled family may include two or more persons with disabil
22、ities living to-gether, and one or more persons with disabilities living with one or more persons who are determined to be es-sential to the care or well-being of the person or persons with disabilities. A disabled family may include persons with disabilities who are elderly. Elderly family means a
23、family whose head, spouse, or sole member is an el-derly person. The term elderly fam-ily includes an elderly person, two or more elderly persons living together, and one or more elderly persons living with one or more persons who are de-termined to be essential to the care or well-being of the elde
24、rly person or per-sons. An elderly family may include el-derly persons with disabilities and other family members who are not el-derly. Family includes but is not limited to a single person as defined in this part, a displaced person (as defined in 24 CFR part 912), a remaining member of a ten-ant f
25、amily, a disabled family, an elder-ly family, a near-elderly family, and a family with children. It also includes an elderly family or a disabled family composed of one or more elderly per-sons living with one or more disabled persons. Housing has the same meaning as project, which is defined in thi
26、s sec-tion. Mixed population project means a pub-lic housing project reserved for elderly families and disabled families. This is the project type referred to in NAHA as being designated for elderly and dis-abled families. A PHA that has a mixed population project or intends to de-velop one need not
27、 submit an alloca-tion plan or request a designation. However, the project must meet the re-quirements of 24 CFR part 960 subpart D. Near-elderly family means a family whose head, spouse, or sole member is a near-elderly person. The term near- elderly family includes two or more near-elderly persons
28、 living together, VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-371 Asst. Secry., for Public and Indian Housi
29、ng, HUD 945.201 and one or more near-elderly persons living with one or more persons who are determined to be essential to the care or well-being of the near-elderly person or persons. A near-elderly fam-ily may include other family members who are not near-elderly. Near-elderly person means a perso
30、n who is at least 50 years of age but below the age of 62, who may be a per-son with a disability. Non-elderly disabled person means a person with a disability who is less than 62 years of age. Person with disabilities means a person who (a) Has disability as defined in sec-tion 223 of the Social Se
31、curity Act (42 U.S.C. 423), or (b) Is determined to have a physical, mental, or emotional impairment that (1) Is expected to be of long-contin-ued and indefinite duration, (2) Substantially impedes his or her ability to live independently, and (3) Is of such a nature that such abil-ity could be impr
32、oved by more suitable housing conditions, or (c) Has a developmental disability as defined in section 102 of the Develop-mental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(5). The term person with disabilities does not exclude persons who have the disease of acquired immunodeficie
33、ncy syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Portion of project includes: One or more buildings in a multi-building project; one or more floors of a project or projects; a certain number of dwell-ing units in a project or projects. (Des-igna
34、tion of a portion of a project does not require that the buildings, floors or units be contiguous.) Project means low-income housing de-veloped, acquired, or assisted by a PHA under the U.S. Housing Act of 1937 (other than section 8) for which there is an Annual Contributions Contract (ACC) between
35、HUD and the PHA. For purposes of this part, the terms housing and public housing mean the same as project. Additionally, as used in this part, and unless the context indicates otherwise, the term project when used in the singular includes the plural, and when used in the plural, includes the singula
36、r, and also includes a portion of a project, as defined in this section. Public housing or public housing project. See definition of project in this section. Service provider means a person or or-ganization qualified and experienced in the provision of supportive services, and that is in compliance
37、with any li-censing requirements imposed by State or local law for the type of service or services to be provided. The service provider may provide the service on ei-ther a for-profit or not-for-profit basis. Single person means a person who lives alone or intends to live alone, who is not an elderl
38、y person, a person with disabilities, a displaced person, or the remaining member of a tenant fam-ily. Supportive service plan. See 945.205. Supportive services means services available to persons residing in a devel-opment, requested by disabled families and for which there is a need, and may inclu
39、de, but are not limited to, meal services, health-related services, men-tal health services, services for non-medical counseling, meals, transpor-tation, personal care, bathing, toileting, housekeeping, chore assist-ance, safety, group and socialization activities, assistance with medications (in ac
40、cordance with any applicable State laws), case management, per-sonal emergency response, and other appropriate services. 59 FR 17662, Apr. 13, 1994, as amended at 61 FR 5214, Feb. 9, 1996 Subpart BApplication and Approval Procedures 945.201 Approval to designate hous-ing. (a) Designated housing for
41、elderly fami-lies. To designate a project for occu-pancy by elderly families, a PHA must have a HUD-approved allocation plan that meets the requirements of 945.203. (b) Designated housing for disabled families. To designate a project for oc-cupancy by disabled families, a PHA must have a HUD-approve
42、d allocation plan that meets the requirements of VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-372 24 CFR Ch.
43、 IX (4111 Edition) 945.203 945.203, and a HUD-approved sup-portive service plan that meets the re-quirements of 945.205. (c) Designated housing for elderly fami-lies and disabled families. (1) A PHA that provides or intends to provide a mixed population project (a project for both elderly families a
44、nd disabled families) is not required to meet the require-ments of this part. The PHA is required to meet the requirements of 24 CFR part 960, subpart D. (2) A PHA that intends to provide designated housing for elderly families or for disabled families must identify any existing or planned mixed pop
45、u-lation projects, reserved under 24 CFR part 960, subpart B, as additional hous-ing resources, in its allocation plan, in accordance with 945.203(c)(6). 945.203 Allocation plan. (a) Applicable terminology. (1) As used in this section, the terms initial allo-cation plan refers to the PHAs first subm
46、ission of an allocation plan, and updated allocation plan refers to the biennial update (once every two years) of this plan, which is described in para-graph (f) of this section. (2) As provided in 945.105, the term project includes the plural (projects) and includes a portion of a project. (b) Cons
47、ultation in plan development. These consultation requirements apply to the development of an initial alloca-tion plan as provided in paragraph (c) of this section, or any update of the al-location plan as provided in paragraph (f) of this section. (1) In preparing the draft plan, the PHA shall consu
48、lt with: (i) The State or unit of general local government where the project is lo-cated; (ii) Public and private service pro-viders; (iii) Representative advocacy groups for each of these family types: disabled families, elderly families, and families with children, where such advocacy groups exist
49、; (iv) Representatives of the residents of the PHAs projects proposed for des-ignation, including representatives from resident councils or resident man-agement corporations where they exist; and (v) Other parties that the PHA deter-mines would be interested in the plan, or other parties that have contacted the PHA and expressed an interest in the plan. (2) Following the completion of the draft p
