1、423 Asst. Secry., for Public and Indian Housing, HUD Pt. 964 A resident-owned business is not eligi-ble to participate in the alternative procurement process provided by this part if the resident-owned business has received under this process one or more contracts with a total combined dollar value
2、of $1,000,000. 57 FR 20189, May 11, 1992, as amended at 59 FR 33895, June 30, 1994 963.12 Alternative procurement proc-ess. (a) Method of procurement. In con-tracting with resident-owned busi-nesses, the PHA shall follow the appli-cable method of procurement as set forth in 24 CFR 85.36(d), with sol
3、icita-tion limited to resident-owned busi-nesses. Additionally, the PHA shall en-sure that the method of procurement conforms to the procurement standards set forth in 24 CFR 85.36(b). (b) Contract awards. Contracts award-ed under this part shall be made only to resident-owned businesses that meet t
4、he requirements of 963.10, and that comply with such other requirements as may be required of a contractor under the particular procurement and the Departments regulations. An award shall not be made to the resi-dent-owned business if the contract award exceeds the independent cost es-timate require
5、d by 24 CFR 85.36(f), and the price normally paid for comparable supplies, services, or construction in the project area. (c) Contract requirements. Any con-tract entered into between a PHA and a resident-owned business under this part shall comply with: the contract provisions of 24 CFR 85.36(i); t
6、he provi-sions of 24 CFR 85.36(h), 24 CFR 968.240(d) or 24 CFR 968.335(c)(1) gov-erning bonding requirements, where applicable; and such other contract terms that may be applicable to the particular procurement under the De-partments regulations. In addition to the recordkeeping requirements im-pose
7、d by 24 CFR 85.36(i), the PHA also shall maintain records sufficient to de-tail the significant history of the pro-curement made under this part. These records will include, but are not nec-essarily limited to the following: The independent cost estimate and com-parable price analysis as required by
8、 paragraph (b) of this section; the basis for contractor selection, including doc-umentation concerning the eligibility of the selected resident-owned business under 963.10; and the basis for deter-mining the reasonableness of the pro-posed contract price. PART 964TENANT PARTICIPATION AND TENANT OPP
9、ORTUNITIES IN PUBLIC HOUSING Subpart AGeneral Provisions Sec. 964.1 Purpose. 964.3 Applicability and scope. 964.7 Definitions. 964.11 HUD policy on tenant participation. 964.12 HUD policy on the Tenant Opportuni-ties Program (TOP). 964.14 HUD policy on partnerships. 964.15 HUD policy on resident man
10、agement. 964.16 HUD role in activities under this part. 964.18 HA role in activities under subparts B (2) Assessing training and service needs of eligible residents; (3) Working with service providers to coordinate the provision of services on a HA-wide or less than HA-wide basis, and to tailor the
11、services to the needs and characteristics of eligible resi-dents; (4) Mobilizing public and private re-sources to ensure that the supportive services identified can be funded over the five-year period, at least, following the initial receipt of funding. (5) Monitoring and evaluating the de-livery, i
12、mpact, and effectiveness of any supportive service funded with capital or operating assistance under the FIC program; (6) Coordinating the development and implementation of the FIC program with other self-sufficiency programs, and other education and employment programs; and (7) Performing other dut
13、ies and func-tions that are appropriate for providing eligible residents with better access to educational and employment opportu-nities. HA means the same as Public Housing Agency (PHA). Management. All activities for which the HA is responsible to HUD under the ACC, within the definition of oper-a
14、tion under the Act and the ACC, in-cluding the development of resident programs and services. Management contract. A written agreement between a resident manage-ment corporation and a HA, as pro-vided by subpart C. Public Housing Agency (PHA) is de-fined in 24 CFR part 5. Public housing development
15、(Develop-ment). The term development has the same meaning as that provided for low-income housing project as that term is defined Section 3(b)(1) of the Act. Resident management. The perform-ance of one or more management ac-tivities for one or more projects by a resident management corporation unde
16、r a management contract with the HA. Resident management corporation. An entity that proposes to enter into, or enters into, a contract to manage one or more management activities of a HA. Resident-owned business. Any business concern which is owned and controlled by public housing residents. (The t
17、erm resident-owned business includes sole proprietorships.) For purposes of this part, owned and controlled means a business: (1) Which is at least 51 percent owned by one or more public housing resi-dents; and (2) Whose management and daily business operations are controlled by one or more such ind
18、ividuals. Supportive services for FIC. New or sig-nificantly expanded services that are essential to providing families living with children in public housing with better access to educational and em-ployment opportunities to achieve self- sufficiency and independence. Tenant Opportunities Program (
19、TOP). The TOP program is designed to pre-pare residents to experience the dig-nity of meaningful work, to own and operate resident businesses, to move toward financial independence, and to enable them to choose where they want to live and engage in meaningful par-ticipation in the management of hous
20、-ing developments in which they live. Financial assistance in the form of technical assistance grants is available to RCs/RMCs to prepare to manage ac-tivities in their public housing develop-ments. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00435 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX
21、223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-426 24 CFR Ch. IX (4111 Edition) 964.11 Vacant unit under FIC. A dwelling unit that is not under an effective lease to an eligible family. An effective lease is a l
22、ease under which an eligible fam-ily has a right to possession of the unit and is being charged rent, even if the amount of any utility allowance equals or exceeds the amount of a total resi-dent payment that is based on income and, as a result, the amount paid by the family to the HA is zero. 59 FR
23、 43636, Aug. 24, 1994, as amended at 61 FR 5215, Feb. 9, 1996 964.11 HUD policy on tenant partici-pation. HUD promotes resident participation and the active involvement of residents in all aspects of a HAs overall mission and operation. Residents have a right to organize and elect a resident council
24、 to represent their interests. As long as proper procedures are followed, the HA shall recognize the duly elected resi-dent council to participate fully through a working relationship with the HA. HUD encourages HAs and resi-dents to work together to determine the most appropriate ways to foster con
25、structive relationships, particularly through duly-elected resident councils. 964.12 HUD policy on the Tenant Op-portunities Program (TOP). HUD promotes TOP programs to sup-port activities that enable residents to improve the quality of life and resident satisfaction, and obtain other social and eco
26、nomic benefits for residents and their families. Tenant opportunity pro-grams are proven to be effective in fa-cilitating economic uplift, as well as in improving the overall conditions of the public housing communities. 964.14 HUD policy on partnerships. HUD promotes partnerships between residents
27、and HAs which are an essen-tial component to building, strength-ening and improving public housing. Strong partnerships are critical for creating positive changes in lifestyles thus improving the quality of life for public housing residents, and the sur-rounding community. 964.15 HUD policy on resid
28、ent man-agement. It is HUDs policy to encourage resi-dent management. HUD encourages HAs, resident councils and resident management corporations to explore the various functions involved in man-agement to identify appropriate oppor-tunities for contracting with a resident management corporation. Pot
29、ential benefits of resident-managed entities include improved quality of life, expe-riencing the dignity of meaningful work, enabling residents to choose where they want to live, and meaning-ful participation in the management of the housing development. 964.16 HUD role in activities under this part
30、. (a) General. Subject to the require-ments of this part and other require-ments imposed on HAs by the ACC, statute or regulation, the form and ex-tent of resident participation including resident management are local deci-sions to be made jointly by resident councils/resident management corpora-tio
31、ns and their HAs. HUD will promote tenant participation and tenant oppor-tunities programs, and will provide ad-ditional guidance, as necessary and ap-propriate. In addition, HUD will en-deavor to provide technical assistance in connection with these initiatives. (b) Monitoring. HUD shall ensure tha
32、t the requirements under this part are operating efficiently and effectively. 964.18 HA role in activities under subparts B and (2) The fair housing advertising and poster guidelines at 24 CFR parts 109 and 110. (b) Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131) and implem
33、enting regulations at 28 CFR part 35. 61 FR 5216, Feb. 9, 1996 Subpart BTenant Participation 964.100 Role of resident council. The role of a resident council is to improve the quality of life and resident satisfaction and participate in self-help initiatives to enable residents to create a positive
34、living environment for fami-lies living in public housing. Resident councils may actively participate through a working partnership with the HA to advise and assist in all as-pects of public housing operations. 964.105 Role of the jurisdiction-wide resident council. (a) Jurisdiction-wide resident co
35、uncil. Resident councils may come together to form an organization which can rep-resent the interest of residents residing in units under a HAs jurisdiction. This can be accomplished by the presidents of duly elected resident councils form-ing an organization, by resident coun-cils electing a repres
36、entative to the or-ganization, or through jurisdiction- wide elections. If duly elected resident councils form such an organization, the HA shall recognize it as the voice of authority-wide residents for input into housing authority policy making. (b) Function. The jurisdiction-wide council may advi
37、se the Board of Com-missioners and executive director in all areas of HA operations, including but not limited to occupancy, general man-agement, maintenance, security, resi-dent training, resident employment, social services and modernization pri-orities. (c) Cooperation with other groups. There sh
38、all be regularly scheduled meetings between the HA and the local duly elected resident council, and the jurisdiction-wide resident council to discuss problems, plan activities and review progress. 964.115 Resident council require-ments. A resident council shall consist of persons residing in public
39、housing and must meet each of the following re-quirements in order to receive official recognition from the HA/HUD, and be eligible to receive funds for resident council activities, and stipends for offi-cers for their related costs for volun-teer work in public housing: (a) It may represent residen
40、ts resid-ing: (1) In scattered site buildings; (2) In areas of contiguous row houses; or (3) In one or more contiguous build-ings; (4) In a development; or (5) In a combination of these build-ings or developments; (b) It must adopt written procedures such as by-laws, or a constitution which provides
41、 for the election of resi-dents to the governing board by the voting membership of the residents re-siding in public housing, described in paragraph (b) of this section, on a reg-ular basis but at least once every three (3) years. The written procedures must provide for the recall of the resident bo
42、ard by the voting membership. These provisions shall allow for a petition or other expression of the voting member-ships desire for a recall election, and VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00438 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvid
43、ed by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-429 Asst. Secry., for Public and Indian Housing, HUD 964.130 set the number of percentage of voting membership (threshold) who must be in agreement in order to hold a recall election. This threshold shall not
44、 be less than 10 percent of the voting mem-bership. (c) It must have a democratically elected governing board that is elected by the voting membership. At a min-imum, the governing board should con-sist of five (5) elected board members. The voting membership must consist of heads of households (any
45、 age) and other residents at least 18 years of age or older and whose name appears on a lease for the unit in the public housing that the resident council represents. 964.117 Resident council partner-ships. A resident council may form partner-ships with outside organizations, pro-vided that such rel
46、ationships are com-plementary to the resident council in its duty to represent the residents, and provided that such outside organiza-tions do not become the governing en-tity of the resident council. 964.120 Resident management cor-poration requirements. A resident management corporation must consi
47、st of residents residing in public housing and have each of the fol-lowing characteristics in order to re-ceive official recognition by the HA and HUD: (a) It shall be a non-profit organiza-tion that is validly incorporated under the laws of the State in which it is lo-cated; (b) It may be establish
48、ed by more than one resident council, so long as each such council: (1) Approves the establishment of the corporation; and (2) Has representation on the Board of Directors of the corporation; (c) It shall have an elected Board of Directors, and elections must be held at least once every three (3) ye
49、ars; (d) Its by-laws shall require the Board of Directors to include resident representatives of each resident coun-cil involved in establishing the cor-poration; include qualifications to run for office, frequency of elections, proce-dures for recall, and term limits if de-sired. (e) Its voting members shall be heads of households (any age) and other resi-dents at least 18 years of age and whose name appears on the lease of a unit in the public housing represent
