1、503 Asst. Secry., for Public and Indian Housing, HUD 969.102 (2) Declare a breach of the ACC by the grantee; and (3) Any other sanctions authorized by law or regulation. 968.428 Program closeout. (a) Requirements for grantees. Upon completion of the activities funded in accordance with this part, th
2、e grantee shall submit to HUD, and in a form prescribed by HUD, the actual mod-ernization cost certificate for HUDs review, audit verification, and ap-proval. The grantee shall immediately remit any excess funds provided by HUD. If the audited modernization cost certificate discloses unauthorized ex
3、-penditures, the grantee shall take such corrective actions as HUD may direct. (b) Audit. The audit shall follow the guidelines prescribed in 24 CFR part 44, Non-Federal Government Audit Re-quirements. (Approved by the Office of Management and Budget under control number 25770181) 968.435 Other prog
4、ram requirements. In addition to the program require-ments applicable to this subpart under 968.110, each PHA participating in the vacancy reduction program under this subpart shall: (a) Certify that any modernization, reconstruction, or rehabilitation ac-tivities that are funded under this sub-part
5、 will be undertaken in accordance with modernization standards, as set forth in HUD Handbook 7485.2, as re-vised; (b) Certify that activities undertaken within vacant units will bring the af-fected units into compliance with the Housing Quality Standards, as set forth in 982.401 of this title, excep
6、t that 982.401(j) of this title shall not apply; the applicable lead-based paint requirements in part 35 subparts A, B, L and R, of this title shall apply. (c) Provide for resident involvement, in a manner to be determined by the Secretary, in the process of applying for any funding available under
7、this part. 59 FR 30478, June 13, 1994, as amended at 64 FR 50229, Sept. 15, 1999 PART 969PHA-OWNED PROJECTSCONTINUED OPER-ATION AS LOW-INCOME HOUS-ING AFTER COMPLETION OF DEBT SERVICE Sec. 969.101 Purpose. 969.102 Applicability. 969.103 Definitions. 969.104 Continuing eligibility for operating subsi
8、dy. 969.105 Extension of ACC upon payment of operating subsidy. 969.106 ACC extension in absence of current operating subsidy. 969.107 HUD approval of demolition or dis-position before ACC expiration. AUTHORITY: United States Housing Act of 1937 (42 U.S.C. 1437, et seq.); sec. 7(d), Depart-ment of H
9、ousing and Urban Development Act (42 U.S.C. 3535(d). SOURCE: 45 FR 52372, Aug. 7, 1980, unless otherwise noted. Redesignated at 49 FR 6714, Feb. 23, 1984. 969.101 Purpose. This part provides a basis for main-taining the low-income nature of a public housing project after the com-pletion of debt serv
10、ice on the project, specifying methods for extending the effective period of those provisions of the Annual Contributions Contract (ACC) which relate to project oper-ation. Such an extension provides a contractual basis for the continued op-eration of the project under the Low- Income Public Housing
11、 Program, in-cluding continued eligibility for Oper-ating Subsidy. 969.102 Applicability. This part applies to any low-income public housing project that is owned by a Public Housing Agency (PHA), in-cluding any Turnkey III housing, and is subject to an ACC under section 5 of the United States Housi
12、ng Act of 1937 (Act). This part does not apply to the Section 8 and Section 23 Housing As-sistance Payments Programs, the Sec-tion 10(c) and Section 23 Leased Hous-ing Programs, Lanham Act and Public Works projects that remain under ad-ministration contracts, or Indian Hous-ing projects. 56 FR 922,
13、Jan. 9, 1991 VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-504 24 CFR Ch. IX (4111 Edition) 969.103 969.103 D
14、efinitions. (a) ACC expiration date means the last day of the term during which a particular public housing project is subject to all or any of the provisions of the ACC. The ACC term for a par-ticular project expires at the latest of: (1) The end of the Debt Service Completion Date, which is the la
15、st day of a one-year period beginning with, and inclusive of, the last debt service Annual Contribution Date for the project, as determined under the ACC (e.g., if the last debt service An-nual Contribution Date is June 15, 1983, the one-year period continues through the end of the day on June 14, 1
16、984, which is the Debt Service Completion Date); or (2) The end of the date of full repay-ment of any indebtedness of the PHA to the Federal government in connec-tion with the project; or (3) The end of the last date of an ex-tension of the term of the ACC provi-sions related to project operation, a
17、s effected under 969.105 or 969.106. (b) Operating subsidy means addi-tional annual contributions for oper-ations under section 9 of the Act. 969.104 Continuing eligibility for op-erating subsidy. Until and after the Debt Service Completion Date for any project, HUD shall pay Operating Subsidy with
18、re-spect to such project only in accord-ance with an ACC amendment pro-viding for extension of the term of the ACC provisions related to project oper-ation, pursuant to 969.105 or 969.106. The ACC amendment shall be in the form prescribed by HUD and shall specify the particular provisions of the ACC
19、 which relate to continued project operation and, therefore, remain in ef-fect for the extended ACC term. These provisions shall include a requirement that the PHA execute and file for pub-lic record an appropriate document evi-dencing the PHAs covenant not to convey, encumber or make any other disp
20、osition of the project before the end of the projects ACC Expiration Date, without HUD approval. 969.105 Extension of ACC upon pay-ment of operating subsidy. (a) ACC amendment. As a condition for the first HUD approval for payment of Operating Subsidy with respect to the projects under a particular
21、ACC for a PHA fiscal year beginning after the effective date of this part, the PHA and HUD shall enter into an amendment to the ACC for all projects under the ACC. This ACC amendment shall provide that the ACC provisions related to project operation shall continue in ef-fect with respect to each pro
22、ject under the ACC for a period of 10 years after the end of the last PHA fiscal year for which Operating Subsidy is paid with respect to the project. (b) Consolidated ACC. Where a single ACC covers more than one project (Consolidated ACC), each annual Oper-ating Subsidy payable under that ACC is a
23、lump-sum amount, which is not di-vided into discrete amounts for the in-dividual projects which are subject to the Consolidated ACC (see 24 CFR part 990). Accordingly, if a PHA, before sub-mitting a request for Operating Sub-sidy pursuant to paragraph (a) of this section, determines that any project
24、(s) under the Consolidated ACC will not require Operating Subsidy and should not be subject to the provisions of paragraph (a), of this section the PHA shall accompany its request with a res-olution certifying that no Operating Subsidy shall be utilized with respect to such project(s) after the effe
25、ctive date of this rule and that all financial records and accounts shall be kept sep-arately for such project(s). In such case, the removal of the project(s) from the request for Operating Subsidy shall be reflected by the exclusion of that number of unit months available for the project(s) when ma
26、king the cal-culations, under 24 CFR part 990, for determination of the total amount of Operating Subsidy payable under the Consolidated ACC. In any event, no Op-erating Subsidy payable under a Con-solidated ACC or otherwise shall be used to pay, directly or indirectly, any costs attributable to a p
27、roject which is ineligible or otherwise excluded from Operating Subsidy under 969.104. Even if no Operating Subsidy is received VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo r
28、eproduction or networking permitted without license from IHS-,-,-505 Asst. Secry., for Public and Indian Housing, HUD 970.3 with respect to a project, the PHA re-mains obligated to maintain and oper-ate the project in accordance with the provisions of the ACC related to project operation so long as
29、those ACC provisions remain in effect. 969.106 ACC extension in absence of current operating subsidy. Where Operating Subsidy under an ACC is not approved for payment dur-ing a time period which results in ex-tension of the term of the ACC provi-sions related to project operation, with respect to a
30、particular project, pursu-ant to 969.105, the PHA shall, at least one year before the anticipated ACC Expiration Date for the project, notify HUD as to whether or not the PHA de-sires to maintain a basis for receiving Operating Subsidy with respect to the project after the anticipated ACC Expi-ratio
31、n Date. This notification shall be submitted to the appropriate HUD Field Office in the form of a resolution of the PHAs Board of Commissioners. If the PHA does not desire to maintain a basis for Operating Subsidy payments with respect to the project after the anticipated ACC Expiration Date, the re
32、solution shall certify that no Oper-ating Subsidy shall be utilized with re-spect to the project after the effective date of this rule and that all financial records and accounts for such a project shall be kept separately. If the PHA does desire to maintain a basis for such Operating Subsidy paymen
33、ts, the reso-lution shall include the PHAs request for extension of the term of the ACC provisions related to project operation, for a period of not less than one nor more than 10 years. Upon HUDs re-ceipt of the request, HUD and the PHA shall enter into an ACC amendment ef-fecting the extension for
34、 the period re-quested by the PHA, unless HUD finds that continued operation of the project cannot be justified under the standards set forth in 24 CFR part 970 (HUDs reg-ulation on demolition or disposition of public housing). 969.107 HUD approval of demolition or disposition before ACC expira-tion
35、. This part is not intended to preclude or restrict the demolition or disposi-tion of a project pursuant to HUD ap-proval in accordance with 24 CFR part 970. Subject to the requirements of 24 CFR part 970, HUD may authorize a PHA to demolish or dispose of public housing at any time before the ACC Ex
36、piration Date. PART 970PUBLIC HOUSING PRO-GRAMDEMOLITION OR DIS-POSITION OF PUBLIC HOUSING PROJECTS Sec. 970.1 Purpose. 970.3 Applicability. 970.5 Definitions. 970.7 General requirements for HUD ap-proval of a PHA demolition/disposition application. 970.9 Resident participationconsultation and oppor
37、tunity to purchase. 970.11 Procedures for the offer of sale to es-tablished eligible organizations. 970.13 Environmental review requirements. 970.15 Specific criteria for HUD approval of demolition requests. 970.17 Specific criteria for HUD approval of disposition requests. 970.19 Disposition of pro
38、perty; use of pro-ceeds. 970.21 Relocation of residents. 970.23 Costs of demolition and relocation of displaced tenants. 970.25 Required and permitted actions prior to approval. 970.27 De minimis exception to demolition requirements. 970.29 Criteria for disapproval of demolition or disposition appli
39、cations. 970.31 Replacement units. 970.33 Effect on Operating Fund Program and Capital Fund Program. 970.35 Reports and records. AUTHORITY: 42 U.S.C. 1437p and 3535(d). SOURCE: 71 FR 62362, Oct. 24, 2006, unless otherwise noted. 970.1 Purpose. This part states requirements for HUD approval of a publ
40、ic housing agen-cys application for demolition or dis-position (in whole or in part) of public housing developments assisted under Title I of the U.S. Housing Act of 1937 (Act). The regulations in 24 CFR part 85 are not applicable to this part. 970.3 Applicability. (a) This part applies to public ho
41、us-ing developments that are owned by public housing agencies (PHAs) and VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00515 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
