1、378 24 CFR Ch. IX (4111 Edition) Pt. 954 (i) Ready for re-rental and for a new lease to take effect; and (ii) Vacant for more than 60 consecu-tive days. (d) Tenant choice of housing. (1) Sub-ject to paragraph (d)(2) of this section, the decision of any disabled family or elderly family not to occupy
2、 or accept occupancy in designated housing shall not have an adverse affect on: (i) The familys admission to or con-tinued occupancy in public housing; or (ii) The familys position on or place-ment on a public housing waiting list. (2) The protection provided by para-graph (d)(1) of this section sha
3、ll not apply to any family who refuses to oc-cupy or accept occupancy in designated housing because of the race, color, reli-gion, sex, disability, familial status, or national origin of the occupants of the designated housing or the surrounding area. (3) The protection provided by para-graph (d)(1)
4、 of this section shall apply to an elderly family or disabled family that declines to accept occupancy, re-spectively, in a designated project for elderly families or for disabled fami-lies, and requests occupancy in a gen-eral occupancy project or in a mixed population project. (e) Appropriateness
5、of dwelling unit to family size. This part may not be con-strued to require a PHA to offer a dwelling in a designated project to any family who is not of appropriate family size for the dwelling unit. The tem-porary absence of a child from the home due to placement in foster care is not considered i
6、n determining family composition and family size. (f) Prohibition of evictions. Any tenant who is lawfully residing in a dwelling unit in a public housing project may not be evicted or otherwise required to vacate the unit because of the designa-tion of the project, or because of any action taken by
7、 HUD or the PHA in ac-cordance with this part. (g) Prohibition of coercion to accept supportive services. As with other HUD- assisted housing, no disabled family or elderly family residing in designated housing may be required to accept sup-portive services made available by the PHA under this part.
8、 (h) Availability of grievance procedures in 24 CFR part 966. The grievance proce-dures in 24 CFR part 966, subpart B, which applies to public housing ten-ants, is applicable to this part. PART 954INDIAN HOME PROGRAM Subpart AGeneral Provisions Sec. 954.1 Overview. 954.2 Definitions. 954.3 Waivers.
9、954.4 Other Federal requirements. Subpart BApplying for Assistance 954.100 General. 954.101 Allocation of funds. 954.102 Eligible applicants. 954.103 Housing strategy. 954.104 Performance thresholds. 954.105 Criteria for selection. 954.106 Announcement of competition. 954.107 Grant conditions. 954.1
10、08 Project amendment. Subpart CEligible Activities and Affordability 954.300 Eligible activities. 954.301 Faith-based activities. 954.302 Income determinations. 954.303 Eligible project costs. 954.304 Eligible administrative costs. 954.305 Tenant-based rental assistance. 954.306 Rental housing: qual
11、ification as af-fordable housing and income targeting. 954.307 Homeownership: qualification as af-fordable housing. 954.308 Prohibited activities. Subpart DProject Requirements 954.400 Maximum per-unit subsidy amount. 954.401 Property standards. 954.402 Tenant and participant protections. Subpart EP
12、rogram Administration 954.500 Repayment of investment. 954.501 Grantee responsibilities; written agreements; monitoring. 954.502 Applicability of uniform administra-tive requirements. 954.503 Audit. 954.504 Closeout. 954.505 Recordkeeping. 954.506 Performance reports. 954.507 Submission of project c
13、ompletion re-ports. Subpart FPerformance Reviews and Sanctions 954.600 Performance reviews. 954.601 Corrective and remedial actions. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for Resal
14、eNo reproduction or networking permitted without license from IHS-,-,-379 Asst. Secry., for Public and Indian Housing, HUD 954.2 954.602 Notice and opportunity for hearing; sanctions. AUTHORITY: 42 U.S.C. 3535(d) and 12701 12839. SOURCE: 61 FR 32223, June 21, 1996, unless otherwise noted. Subpart AG
15、eneral Provisions 954.1 Overview. This part implements the Indian HOME Investment Partnerships Pro-gram. In general, under the Indian HOME Investment Partnerships Pro-gram, HUD awards funds competitively to eligible applicants to provide more affordable housing. Grantees may use HOME funds to carry
16、out projects through acquisition, rehabilitation, and new construction of housing, and tenant-based rental assistance. Grant-ees are able to provide assistance in a number of eligible forms, including loans, advances, equity investments, interest subsidies and other forms of investment that HUD appr
17、oves. 954.2 Definitions. Adjusted income. See 24 CFR part 950. Annual income. See 24 CFR part 950. Area Office of Native American Pro-grams (ONAP). See 24 CFR part 950. Certification means a written asser-tion, based on supporting evidence, which must be kept available for in-spection by HUD, the In
18、spector Gen-eral and the public, which assertion is deemed to be accurate for purposes of this part, unless HUD determines oth-erwise after inspecting the evidence and providing due notice and oppor-tunity for comment. Community-wide exception rents are maximum gross rents approved by HUD for the Re
19、ntal Certificate program under 882.106(a)(3) of this title for a designated municipality, county, or similar locality, which apply to the whole IHA jurisdiction. Family. See 24 CFR part 950. HOME funds means funds made avail-able under this part through grants, plus all repayments and interest or ot
20、her return on the investment of these funds. Homeownership means ownership in fee simple title or a leasehold interest of not less than 50 years (including 25 years, automatically renewable for an additional term of 25 years) in a one-to- four unit dwelling or in a condominium unit, ownership or mem
21、bership in a co-operative, or equivalent form of owner-ship approved by HUD. The ownership interest may be subject only to the re-strictions on resale required under 954.307(a); mortgages, deeds of trust, or other liens or instruments securing debt on the property as approved by the tribe; or any ot
22、her restrictions or encumbrances that do not impair the good and marketable nature of title to the ownership interest. Household means one or more persons occupying a housing unit. Housing includes site constructed, modular, manufactured housing and housing lots. HUD. See 24 CFR part 950. Indian hou
23、sing authority (IHA). See 24 CFR part 950. Low-income family See 24 CFR part 950. Monthly adjusted income. See 24 CFR part 950. Monthly income. See 24 CFR part 950. NOFA means notice of funding avail-ability. Project means housing developed, ac-quired, or assisted with HOME funds, and the improvemen
24、t of this housing. It includes the site on which the hous-ing is located and all of the HOME-as-sisted activities associated with the building and the site. Project completion means that all nec-essary title transfer requirements and construction work have been performed and the project complies wit
25、h the re-quirements of this part (including the property standards adopted under 954.401); the final drawdown has been disbursed for the project; a Project Completion Report has been submitted and a final accounting of project ex-penses is provided by the grantee as prescribed by HUD. For tenant-bas
26、ed rental assistance, it also means the final drawdown has been disbursed for the project and the final payment cer-tification has been submitted and proc-essed as prescribed by HUD. Secretary means the Secretary of Housing and Urban Development. Single room occupancy (SRO) housing means housing con
27、sisting of single VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-380 24 CFR Ch. IX (4111 Edition) 954.3 room d
28、welling units that is the pri-mary residence of its occupant or occu-pants. The unit may contain either food preparation facilities or sanitary facilities, or both. Alternatively, sani-tary facilities may be located outside the unit and be shared by tenants in the project. SRO does not include fa-ci
29、lities for students. Subgrantee means a public agency or nonprofit organization retained by the grantee under a written agreement to administer all or a portion of the grantees program for its HOME grant. A public agency or nonprofit organiza-tion that receives HOME funds solely as a developer or ow
30、ner of housing is not a subgrantee. The grantees selec-tion of a subgrantee is not subject to the procurement procedures and re-quirements. Tenant-based rental assistance is a form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. T
31、ransitional housing means housing that (1) Is designed to provide housing and supportive services to persons, includ-ing (but not limited to) deinstitu-tionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children; and (2) Has as its purpose fa
32、cilitating the movement of individuals and families to independent living within a time pe-riod that is set by the grantee before occupancy. Very low-income family. See 24 CFR part 950. 954.3 Waivers. Upon determination of good cause, HUD may waive any provision of this part not required by statute.
33、 Each waiver must be in writing and must be supported by documentation of the per-tinent facts and grounds. 954.4 Other Federal requirements. (a) Equal opportunity(1) Section 282. Pursuant to the requirements of Sec-tion 282 of the Cranston-Gonzales Na-tional Affordable Housing Act (42 U.S.C. 12832)
34、, no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with HOME funds. In addition, HOME funds mu
35、st be made available in ac-cordance with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 61016107) and imple-menting regulations at 24 CFR part 146, and the prohibitions against discrimi-nation against handicapped individuals under sect
36、ion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and imple-menting regulations at 24 CFR part 8. (2) Civil Rights Act. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d2000d4), which prohibits dis-crimination on the basis of race, color or national origin in federally assisted progr
37、ams, the Fair Housing Act (42 U.S.C. 36013620), which prohibits dis-crimination based on race, color, reli-gion, sex, or national origin in the sale or rental of housing, and Executive Order 11063 (27 FR 11527, 3 CFR 19591963 Comp., p. 652), which provides for equal opportunity in housing, do not ap
38、ply to grantees exercising recognized powers of self-government. Indian tribes and tribal organizations applying on behalf of Indian tribes that do not exercise recognized powers of self-government must make HOME funds available in accordance with Title VI of the Civil Rights Act of 1964, the Fair H
39、ousing Act, and Executive Order 11063. (b) Indian Civil Rights Act. The Indian Civil Rights Act (title II of the Civil Rights Act of 1968, 25 U.S.C. 13011303) provides, among other things, that no Indian tribe in exercising powers of self-government shall. . . deny to any person within its jurisdict
40、ion the equal protection of its laws or deprive any person of liberty or property without due process of law. The Indian Civil Rights Act (ICRA) applies to any tribe, band, or other group of Indians subject to the jurisdiction of the United States in the exercise of recognized powers of self-governm
41、ent. (c) Indian preference requirements(1) Applicability. HUD has determined that grants under this part are subject to Section 7(b) of the Indian Self-Deter-mination and Education Assistance VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080e
42、rowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-381 Asst. Secry., for Public and Indian Housing, HUD 954.4 Act (25 U.S.C. 450e(b). Section 7(b) pro-vides that any contract, subcontract, grant or subgrant pursuant to an
43、act authorizing grants to Indian organiza-tions or for the benefit of Indians shall require that, to the greatest extent fea-sible: (i) Preference and opportunities for training and employment shall be given to Indians; and (ii) Preference in the award of con-tracts and subcontracts shall be given t
44、o Indian organizations and Indian- owned economic enterprises as defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). (2) Definitions. (i) The Indian Self-De-termination and Education Assistance Act (25 U.S.C. 450e(b) defines Indian to mean a person who is a member of an Indian
45、 tribe and defines Indian tribe to mean any Indian tribe, band, nation, or other organized group or community including any Alaska na-tive village or regional or village cor-poration as defined or established pur-suant to the Alaska Native Claims Set-tlement Act, which is recognized as eli-gible for
46、 the special programs and serv-ices provided by the United States to Indians because of their status as Indi-ans. (ii) In section 3 of the Indian Financ-ing Act of 1974 (25 U.S.C. 1452) eco-nomic enterprise is defined as any In-dian-owned commercial, industrial, or business activity established or o
47、rga-nized for the purpose of profit, except that Indian ownership must constitute not less than 51 percent of the enter-prise. This act defines Indian organi-zation to mean the governing body of any Indian tribe or entity established or recognized by such governing body. (3) Preference in administra
48、tion of grant. To the greatest extent feasible, preference and opportunities for train-ing and employment in connection with the administration of grants awarded under this part shall be given to Indians. (4) Preference in contracting. To the greatest extent feasible, grantees shall give preference
49、in the award of con-tracts for projects funded under this part to Indian organizations and In-dian-owned economic enterprises. (i) Each grantee shall: (A) Advertise for bids or proposals limited to qualified Indian organiza-tions and Indian-owned enterprises; or (B) Use a two-stage preference proce-dure, as follows: (1) Stage 1. Invite or otherwise solicit Indian-owned economic enterprises to submit a statement of intent to re-spond to a
