1、465 Asst. Secry., for Public and Indian Housing, HUD Pt. 968 966.57 Decision of the hearing officer or hearing panel. (a) The hearing officer or hearing panel shall prepare a written decision, together with the reasons therefor, within a reasonable time after the hearing. A copy of the decision shal
2、l be sent to the complainant and the PHA. The PHA shall retain a copy of the de-cision in the tenants folder. A copy of such decision, with all names and iden-tifying references deleted, shall also be maintained on file by the PHA and made available for inspection by a pro-spective complainant, his
3、representa-tive, or the hearing panel or hearing of-ficer. (b) The decision of the hearing officer or hearing panel shall be binding on the PHA which shall take all actions, or refrain from any actions, necessary to carry out the decision unless the PHA Board of Commissioners deter-mines within a re
4、asonable time, and promptly notifies the complainant of its determination, that (1) The grievance does not concern PHA action or failure to act in accord-ance with or involving the complain-ants lease on PHA regulations, which adversely affect the complainants rights, duties, welfare or status; (2)
5、The decision of the hearing officer or hearing panel is contrary to applica-ble Federal, State or local law, HUD regulations or requirements of the an-nual contributions contract between HUD and the PHA. (c) A decision by the hearing officer, hearing panel, or Board of Commis-sioners in favor of the
6、 PHA or which denies the relief requested by the com-plainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to a trial de novo or judicial review in any judicial proceedings, which may thereafter be brought in the matter.
7、 PART 968PUBLIC HOUSING MODERNIZATION Subpart AGeneral Sec. 968.101 Purpose and applicability. 968.102 Special requirements for Turnkey III developments. 968.103 Allocation of funds under section 14. 968.104 Reserve for emergencies and disas-ters. 968.105 Definitions. 968.108 Displacement, relocatio
8、n, and real property acquisition. 968.110 Other program requirements. 968.112 Eligible costs. 968.115 Modernization and energy conserva-tion standards. 968.120 Force account. 968.125 Initiation of modernization activi-ties. 968.130 Fund requisitions. 968.135 Contracting requirements. 968.140 On-site
9、 inspections. 968.145 Fiscal closeout. Subpart BComprehensive Improvement Assistance Program (For PHAs That Own or Operate Fewer Than 250 Units) 968.205 Definitions. 968.210 Procedures for obtaining approval of a modernization program. 968.215 Resident and homebuyer participa-tion. 968.225 Budget re
10、visions. 968.230 Progress reports. 968.235 Time extensions. 968.240 HUD review of PHA performance. Subpart CComprehensive Grant Pro-gram (for PHAs That Own or Operate 250 or More Public Housing Units) 968.305 Definitions. 968.310 Determination of formula amount. 968.315 Comprehensive Plan (including
11、 five- year action plan). 968.320 HUD review and approval of com-prehensive plan (including five-year ac-tion plan). 968.325 Annual submission of activities and expenditures. 968.330 PHA performance and evaluation re-port. 968.335 HUD review of PHA performance. Subpart DVacancy Reduction Program 968
12、.416 Fund requisitions. 968.419 Grantees oversight responsibilities. 968.422 Progress reports and completion schedule. 968.425 HUD review of grantee performance. 968.428 Program closeout. 968.435 Other program requirements. AUTHORITY: 42 U.S.C. 1437d, 1437l, and 3535(d). SOURCE: 54 FR 52689, Dec. 21
13、, 1989, unless otherwise noted. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00475 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-466 24 CFR Ch. IX (4111 Edition
14、) 968.101 Subpart AGeneral 968.101 Purpose and applicability. (a) Purpose. The purpose of this part is to set forth the policies and proce-dures for the Modernization program authorizing HUD to provide financial assistance to Public Housing Agencies (PHAs). (b) Applicability. (1) Subpart A of this p
15、art applies to all modernization under this part. Subpart B of this part sets forth the requirements and procedures for the Comprehensive Improvement Assistance Program (CIAP) for PHAs that own or operate fewer than 250 pub-lic housing units. Subpart C of this part sets forth the requirements and pr
16、ocedures for the Comprehensive Grant Program (CGP) for PHAs that own or operate 250 or more units. A PHA that qualifies for participation in the CGP is not eligible to participate in the CIAP. A PHA that has already qualified to participate in the CGP may elect to continue to participate in the CGP
17、so long as it owns or operates at least 200 units. (2) This part applies to PHA-owned low-income public housing develop-ments (including developments man-aged by a resident management cor-poration pursuant to a contract with the PHA); conveyed Lanham Act and Public Works Administration (PWA) develop
18、ments; and to Section 23 Leased Housing Bond-Financed developments. Rental developments which are planned for conversion to homeowner-ship under sections 5(h), 21, or 301 of the Act, but which have not yet been sold by a PHA, continue to qualify for assistance under this part. This part does not app
19、ly to developments under the Section 23 Leased Housing Non- Bond Financed program, the Section 10(c) Leased program, or the Section 23 or Section 8 Housing Assistance Pay-ments programs. (3) A section 23 Leased Housing Bond- Financed development is eligible for modernization only if HUD determines t
20、hat the development has met the fol-lowing conditions: (i) The development was financed by the issuance of bonds; (ii) Clear title to the development will be conveyed to or vested in the PHA at the end of the section 23 lease term; (iii) There are no legal obstacles af-fecting the PHAs use of the pr
21、operty as public housing during the 20-year pe-riod of the modernization; (iv) After completion of the mod-ernization, the development will have a remaining useful life of at least 20 years and it is in the financial interest of the Federal Government to improve the development; and (v) The developm
22、ent is covered by a cooperation agreement between the PHA and local governing body during the 20-year period of the moderniza-tion. (4) A section 23 Leased Housing Bond- Financed development which has been conveyed to the PHA after the bonds have been retired is similarly eligible for modernization
23、if the conditions specified under paragraph (b)(3) of this section have been satisfied. (5) A development/building/unit which is assisted under section 5(j)(2) of the Act (Major Reconstruction of Obso-lete Projects) (MROP) is eligible for section 14 funding (CIAP or CGP) where it received MROP fundi
24、ng after FFY 1988 and has reached Date of Full Availability (DOFA) or where it re-ceived MROP funding during FFYs 19861988 and all MROP funds have been expended. (c) Transition. Any amount that HUD has approved for a PHA must be used for the purposes for which the funding was provided, or: (1) For a
25、 CGP PHA, for purposes con-sistent with an approved Annual State-ment or Five-Year Action Plan sub-mitted by the PHA, as the PHA deter-mines to be appropriate; or (2) For a CIAP PHA, in accordance with a revised CIAP budget. (d) Approved information collections. The following sections of this subpar
26、t have been approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 and assigned OMB approval num-ber 25770044: 968.135, 968.145, 968.210, 968.215, 968.225, and 968.230. The fol-lowing sections of this subpart have been similarly approved and assigned V
27、erDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-467 Asst. Secry., for Public and Indian Housing, HUD 968.103 app
28、roval number 2577.0157: 968.310, 968.315, 968.325, and 968.330. 57 FR 5570, Feb. 14, 1992, as amended at 58 FR 13930, Mar. 15, 1993; 61 FR 8737, Mar. 5, 1996 968.102 Special requirements for Turnkey III developments. (a) Modernization Costs. Moderniza-tion work on a Turnkey III unit shall not increa
29、se the purchase price or am-ortization period of the home. (b) Eligibility of paid-off and conveyed units for assistance(1) Paid-off units. A Turnkey III unit that is paid off but has not been conveyed at the time the CIAP application or CGP Annual Sub-mission is submitted, is eligible for any physi
30、cal improvement under 968.112(d). (2) Conveyed units. Where moderniza-tion work has been approved before conveyance, the PHA may complete the work even if title to the unit is subsequently conveyed before the work is completed. However, once conveyed, the unit is not eligible for additional or futur
31、e assistance. A PHA shall not use funds provided under this part for the purpose of modernizing units if the modernization work was not approved before conveyance of title. (c) Other. The homebuyer family must be in compliance with its finan-cial obligations under its homebuyer agreement in order to
32、 be eligible for non-emergency physical improve-ments, with the exception of work nec-essary to meet statutory and regu-latory requirements, (e.g., accessibility for persons with disabilities and lead- based paint activities) and the correc-tion of development deficiencies. Not-withstanding the abov
33、e requirement, a PHA may, with prior HUD approval, complete non-emergency physical im-provements on any homeownership unit where the PHA demonstrates that, due to economies of scale or geographic constraints, substantial cost savings may be realized by completing all nec-essary work in a development
34、 at one time. 59 FR 44837, Aug. 30, 1994, as amended at 61 FR 8737, Mar. 5, 1996; 62 FR 27126, May 16, 1997; 64 FR 50229, Sept. 15, 1999 968.103 Allocation of funds under section 14. (a) General. This section describes the process for allocating modernization funds to the aggregate of PHAs and IHAs
35、participating in the CIAP and to individual PHAs and IHAs partici-pating in the CGP. (b) Set-aside for emergencies and disas-ters. For each FFY, HUD shall reserve from amounts approved in the appro-priation act for grants under this part and part 950 of this title, an amount not to exceed $75 millio
36、n (which shall include unused reserve amounts carried over from previous FFYs), which shall be made available to PHAs and IHAs for modernization needs resulting from natural and other disasters, and from emergencies. HUD shall replenish this reserve at the beginning of each FFY. Any unused funds fro
37、m previous years may remain in the reserve until allo-cated. The requirements governing the reserve for disasters and emergencies and the procedures by which a PHA may request such funds, are set forth in 968.104. (c) Set-aside for credits for mod troubled PHAs under subpart C of this part. After de
38、ducting an amount for the reserve for natural and other disasters and for emergencies under paragraph (b) of this section, HUD shall set aside from the funds remaining no more than five per-cent for the purpose of providing cred-its to PHAs that were formerly des-ignated as mod troubled agencies und
39、er the Public Housing Management As-sessment Program (PHMAP) (see 24 CFR part 901). The purpose of this set- aside is to compensate these PHAs for amounts previously withheld by HUD because of a PHAs prior designation as a mod troubled agency. Since part 901 of this chapter does not apply to IHAs, t
40、hey are not classified as mod trou-bled and they do not participate in the set-aside credits established under paragraph (c) of this section. (d) Formula allocation based on relative needs. After determining the amounts to be reserved under paragraphs (b) and (c) of this section, HUD shall allocate
41、the amount remaining pursuant to the formula set forth in paragraphs (e) and (f) of this section, which is designed to VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00477 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproducti
42、on or networking permitted without license from IHS-,-,-468 24 CFR Ch. IX (4111 Edition) 968.103 1In construing all terms used in the statu-tory indicators for estimating backlog and accrual need, HUD shall use the meanings cited in Appendix B of the HUD Report to the Congress on Alternative Methods
43、 for Funding Public Housing Modernization (April 1990). Copies of the HUD Report to Congress may be obtained by contacting the HUD User at 18002452691. measure the relative backlog and ac-crual needs of PHAs and IHAs.1(e) Allocation for backlog needs. HUD shall allocate half of the formula amount un
44、der paragraph (d) of this sec-tion based on the relative backlog needs of PHAs and IHAs, as follows: (1) Determination of backlog need: (i) Statistically reliable data are avail-able. Where HUD determines that the data concerning the categories of back-log need identified under paragraph (e)(4) of t
45、his section are statistically reliable for individual IHAs and PHAs with 250 or more units, or for the ag-gregate of IHAs and PHAs with fewer than 250 units, which are not partici-pating in the formula funding portion of the modernization program, it will base its allocation on direct estimates of t
46、he statutory categories of backlog need, based on the most recently avail-able, statistically reliable data; (ii) Statistically reliable data are un-available. Where HUD determines that statistically reliable data concerning the categories of backlog need identi-fied under paragraph (e)(4) of this s
47、ec-tion are not available for individual PHAs and IHAs with 250 or more units, it will base its allocation of funds under this section on estimates of the categories of backlog need using: (A) The most recently available data on the categories of backlog need under paragraph (e)(4) of this section;
48、(B) Objectively measurable data con-cerning the following PHA or IHA, community and development charac-teristics: (1) The average number of bedrooms in the units in a development. (Weight-ed at 2858.7); (2) The proportion of units in a devel-opment available for occupancy by very large families. (We
49、ighted at 7295.7); (3) The extent to which units for fam-ilies are in high-rise elevator develop-ments. (Weighted at 5555.8); (4) The age of the developments, as determined by the DOFA date (date of full availability). In the case of ac-quired developments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construc-tion, in which case HUD will use the actual date of construction (or, for scattered sites, the average dates of
