1、440 24 CFR Ch. IX (4111 Edition) 964.425 plan, adopted in accordance with 24 CFR part 903. (b) Notice to residents. The public housing agency must provide residents with at least 30 days advance notice for nominations and elections. The notice should include a description of the election procedures,
2、 eligibility require-ments, and dates of nominations and elections. Any election procedures de-vised by the public housing agency must facilitate fair elections. 964.425 Small public housing agen-cies. (a) General. The requirements of this subpart do not apply to any public housing agency that: (1)
3、Has less than 300 public housing units (or has no public housing units): (2) Has provided reasonable notice to the resident advisory board of the op-portunity for residents to serve on the governing board; (3) Has not been notified of the inten-tion of any resident to participate on the governing bo
4、ard within a reason-able time (which shall not be less than 30 days) of the resident advisory board receiving the notice described in para-graph (a)(3) of this section; and (4) Repeats the requirements of para-graphs (a)(2) and (a)(3) of this section at least once every year. (b) Public housing agen
5、cies that only administer Section 8 assistance. A public housing agency that has no public housing units, but administers Section 8 tenant-based assistance, is eligible for the exception described in para-graph (a) of this section, regardless of the number of Section 8 vouchers it ad-ministers. (c)
6、Failure to meet requirements for ex-ception. A public housing agency that is otherwise eligible for the exception de-scribed in paragraphs (a) and (b) of this section, but does not meet the three conditions described in paragraphs (a)(2) through (a)(4) of this section, must comply with the requireme
7、nts of this subpart. 964.430 Nondiscrimination. (a) Membership status(1) General. A resident board member is a full mem-ber of the governing board. (2) Resident participation must include matters regarding Federal public housing and Section 8 tenant-based assistance. A resident board member must be
8、al-lowed to take part in decisions related to the administration, operation, and management of Federal public housing programs and Section 8 tenant-based rental assistance programs. This rule does not extend to matters that: (i) Exclusively relate to other types of housing assistance (such as State
9、fi-nanced housing assistance); or (ii) Do not involve housing assistance (as may occur where the city or county governing body also serves as the PHA board). (3) Public housing agency may expand scope of resident participation. A public housing agency may choose to expand the scope of resident membe
10、r involve-ment to matters not required under paragraph (a)(2) of this section. (b) Residence status. A governing board may not prohibit any person from serving on the governing board because that person is a resident of a public housing project or is assisted under section 8 of the United States Hou
11、sing Act of 1937 (42 U.S.C. 1437f). (c) Conflict of interest. A governing board may not exclude any resident board member from participating in any matter before the governing board on the grounds that the resident board members lease with the public housing agency, or the resident board members sta
12、tus as a public housing resident or recipient of Section 8 tenant-based as-sistance, either results or may result in a conflict of interest, unless the matter is clearly applicable to the resi-dent board member only in a personal capacity and applies uniquely to that member and not generally to resi
13、dents or to a subcategory of residents. PART 965PHA-OWNED OR LEASED PROJECTSGENERAL PROVISIONS Subpart APreemption of State Prevailing Wage Requirements Sec. 965.101 Preemption of State prevailing wage requirements. Subpart BRequired Insurance Coverage 965.201 Purpose and applicability. VerDate Mar2
14、010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-441 Asst. Secry., for Public and Indian Housing, HUD 965.101 965.205 Qualif
15、ied PHA-owned insurance enti-ty. 965.215 Lead-based paint liability insurance coverage. Subpart CEnergy Audits and Energy Conservation Measures 965.301 Purpose and applicability. 965.302 Requirements for energy audits. 965.303 Reserved. 965.304 Order of funding. 965.305 Funding. 965.306 Energy conse
16、rvation equipment and practices. 965.307 Compliance schedule. 965.308 Energy performance contracts. Subpart DIndividual Metering of Utilities for Existing PHA-Owned Projects 965.401 Individually metered utilities. 965.402 Benefit/cost analysis. 965.403 Funding. 965.404 Order of conversion. 965.405 A
17、ctions affecting residents. 965.406 Benefit/cost analysis for similar projects. 965.407 Reevaluations of mastermeter sys-tems. Subpart EResident Allowances for Utilities 965.501 Applicability. 965.502 Establishment of utility allowances by PHAs. 965.503 Categories for establishment of al-lowances. 9
18、65.504 Period for which allowances are es-tablished. 965.505 Standards for allowances for utili-ties. 965.506 Surcharges for excess consumption of PHA-furnished utilities. 965.507 Review and revision of allowances. 965.508 Individual relief. Subpart FPhysical Condition Standards and Physical Inspect
19、ion Requirements 965.601 Physical condition standards; phys-ical inspection requirements. Subpart G Reserved Subpart HLead-Based Paint Poisoning Prevention 965.701 Lead-based paint poisoning preven-tion. Subpart IFire Safety 965.800 Applicability. 965.805 Smoke detectors. AUTHORITY: 42 U.S.C. 1437,
20、1437a, 1437d, 1437g, and 3535(d). Subpart H is also issued under 42 U.S.C. 48214846. SOURCE: 41 FR 20276, May 17, 1976, unless otherwise noted. Redesignated at 49 FR 6714, Feb. 23, 1984. Subpart APreemption of State Prevailing Wage Requirements 965.101 Preemption of State pre-vailing wage requiremen
21、ts. (a) A prevailing wage rate including basic hourly rate and any fringe bene-fits) determined under State law shall be inapplicable to a contract or PHA- performed work item for the develop-ment, maintenance, and modernization of a project whenever: (1) The contract or work item: (i) Is otherwise
22、subject to State law requir-ing the payment of wage rates deter-mined by a State or local government or agency to be prevailing and (ii) is as-sisted with funds for low-income public housing under the U.S. Housing Act of 1937, as amended; and (2) The wage rate determined under State law to be prevai
23、ling with respect to an employee in any trade or position employed in the development, mainte-nance, and modernization of a project exceeds whichever of the following Federal wage rates is applicable: (i) The wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 2
24、76a et seq.) to be prevailing in the locality with re-spect to such trade; (ii) An applicable apprentice wage rate based thereon specified in an ap-prenticeship program registered with the Department of Labor or a DOL-rec-ognized State Apprenticeship Agency; (iii) An applicable trainee wage rate bas
25、ed thereon specified in a DOL-cer-tified trainee program; or (iv) The wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. (v) For the purpose of ascertaining whether a wage rate determined under State law for a trade or position ex-ce
26、eds the Federal wage rate: (A) Where a rate determined by the Secretary of Labor or an apprentice or trainee wage rate based thereon is applicable, the total wage rate determined under State VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080er
27、owe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-442 24 CFR Ch. IX (4111 Edition) 965.201 law, including fringe benefits (if any) and basic hourly rate, shall be com-pared to the total wage rate deter-mined by the Secreta
28、ry of Labor or ap-prentice or trainee wage rate; and (B) where a rate determined by the Sec-retary of HUD is applicable, any fringe benefits determined under State law shall be excluded from the comparison with the rate determined by the Sec-retary of HUD. (b) Whenever paragraph (a)(1) of this secti
29、on is applicable: (1) Any solicitation of bids or pro-posals issued by the PHA and any con-tract executed by the PHA for develop-ment, maintenance, and modernization of the project shall include a statement that any prevailing wage rate (includ-ing basic hourly rate and any fringe benefits) determin
30、ed under State law to be prevailing with respect to an em-ployee in any trade or position em-ployed under the contract is inappli-cable to the contract and shall not be enforced against the contractor or any subcontractor with respect to employ-ees engaged under the contract when-ever either of the
31、following occurs: (i) Such nonfederal prevailing wage rate exceeds: (A) The applicable wage rate determined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 276a et seq.) to be prevailing in the locality with respect to such trade; (B) an applicable apprentice wage rate based the
32、reon specified in an apprenticeship program registered with the Department of Labor or a DOL-rec-ognized State Apprenticeship Agency or (C) an applicable trainee wage rate based thereon specified in a DOL-cer-tified trainee program; or (ii) Such nonfederal prevailing wage rate, exclusive of any frin
33、ge benefits, exceeds the applicable wage rate deter-mined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Failure to include this statement may constitute grounds for requiring re-solicitation of the bid or proposal; (2) The PHA itself shall not be re
34、-quired to pay the basic hourly rate or any fringe benefits comprising a pre-vailing wage rate determined under State law and described in paragraph (a)(2) of this section to any of its own employees who may be engaged in the work item for development, mainte-nance, and modernization of the project;
35、 and (3) Neither the basic hourly rate nor any fringe benefits comprising a pre-vailing wage rate determined under State law and described in paragraph (a)(2) shall be enforced against the PHA or any of its contractors or subcontrac-tors with respect to employees engaged in the contract or PHA-perfo
36、rmed work item for development, maintenance, and modernization of the project. (c) Nothing in this section shall af-fect the applicability of any wage rate established in a collective bargaining agreement with a PHA or its contrac-tors or subcontractors where such wage rate equals or exceeds the app
37、licable Federal wage rate referred to in para-graph (a)(2) of this section, nor does this section impose a ceiling on wage rates a PHA or its contractors or sub-contractors may choose to pay inde-pendent of State law. (d) The provisions of this section shall be applicable to work performed under any
38、 prime contract entered into as a result of a solicitation of bids or proposals issued on or after October 6, 1988 and to any work performed by em-ployees of a PHA on or after October 6, 1988, but not to work or contracts ad-ministered by Indian Housing Authori-ties (for which, see part 905 of this
39、chapter). 53 FR 30217, Aug. 10, 1988, as amended at 57 FR 28358, June 24, 1992; 61 FR 8736, Mar. 5, 1996 Subpart BRequired Insurance Coverage SOURCE: 58 FR 51957, Oct. 5, 1993, unless otherwise noted. 965.201 Purpose and applicability. (a) Purpose. The purpose of this sub-part is to implement polici
40、es con-cerning insurance coverage required under the Annual Contributions Con-tract (ACC) between the U.S. Depart-ment of Housing and Urban Develop-ment (HUD) and a Public Housing Agency (PHA). (b) Applicability. The provisions of this subpart apply to all housing owned VerDate Mar2010 10:07 May 20,
41、 2011 Jkt 223080 PO 00000 Frm 00452 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-443 Asst. Secry., for Public and Indian Housing, HUD 965.205 by PHAs, including Turnkey III
42、hous-ing. However, these provisions do not apply to Section 23 and Section 10(c) PHA-leased projects or to Section 8 Housing Assistance Payments Program projects. 965.205 Qualified PHA-owned insur-ance entity. (a) Contractual requirements for insur-ance coverage. The Annual Contribu-tions Contract (
43、ACC) between PHAs and the U.S. Department of Housing and Urban Development requires that PHAs maintain specified insurance coverage for property and casualty losses that would jeopardize the finan-cial stability of the PHAs. The insur-ance coverage is required to be ob-tained under procedures that p
44、rovide for open and competitive bidding. The HUD Appropriations Act for Fiscal Year 1992 provided that a PHA could purchase insurance coverage without regard to competitive selection proce-dures when it purchases it from a non-profit insurance entity owned and con-trolled by PHAs approved by HUD in
45、accordance with standards established by regulation. This section specifies the standards. (b) Method of selecting insurance cov-erage. While 24 CFR part 85 requires that grantees solicit full and open com-petition for their procurements, the HUD Appropriations Act for Fiscal Year 1992 provides an e
46、xception to this requirement. PHAs are authorized to obtain any line of insurance from a nonprofit insurance entity that is owned and controlled by PHAs and ap-proved by HUD in accordance with this section, without regard to competitive selection procedures. Procurement of insurance from other entit
47、ies is subject to competitive selection procedures. (c) Approval of a nonprofit insurance entity. Under the following conditions, HUD will approve a nonprofit self-fund-ed insurance entity created by PHAs that limits participation to PHAs (and to nonprofit entities associated with PHAs that engage i
48、n activities or per-form functions only for housing au-thorities or housing authority resi-dents): (1) An insurance company (including a risk retention group). (i) The insurance company is licensed or authorized to do business in the State by the State In-surance Commissioner and has sub-mitted docu
49、mentation of this approval to HUD; and (ii) The insurance company has not been suspended from providing insur-ance coverage in the State or been sus-pended or debarred from doing business with the federal government. The in-surance company is obligated to send to HUD a copy of any action taken by the authorizing official to withdraw the license or authorization. (2) An entity not organized as an insur-ance company. (i) The entity has com-petent underwriti
