1、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 those ACC provisions remain in effect. 969.106 ACC extension in a
2、bsence 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 particular project, pursu-ant to 969.105, the PHA shall, at least
3、 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-ration Date. This notification shall be submitted to the appropriate H
4、UD 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 resolution shall certify that no Oper-ating Subsidy shall be utiliz
5、ed 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 payments, the reso-lution shall include the PHAs request for extension
6、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 the period re-quested by the PHA, unless HUD finds that continue
7、d 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. This part is not intended to preclude or restrict the demolitio
8、n 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 Expiration Date. PART 970PUBLIC HOUSING PRO-GRAMDEMOLITION OR DIS-P
9、OSITION 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 opportunity to purchase. 970.11 Procedures for the offer of sale to es
10、-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 property; use of pro-ceeds. 970.21 Relocation of residents. 970.23 C
11、osts 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 applications. 970.31 Replacement units. 970.33 Effect on Operating Fun
12、d 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 public housing agen-cys application for demolition or dis-position (i
13、n 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 hous-ing developments that are owned by public housing agencies (PH
14、As) 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-,-,-506 24 CFR Ch. IX (4111 Edition) 970.5 that are subject
15、 to annual contribu-tions contracts (ACCs) under the Act. (b) This part does not apply to the following: (1) PHA-owned section 8 housing, or housing leased under former sections 10(c) or 23 of the Act; (2) Demolition or disposition before the date of full availability (DOFA) of property acquired inc
16、ident to the de-velopment of a public housing project (however, this exception shall not apply to dwelling units under ACC); (3) The conveyance of public housing for the purpose of providing homeown-ership opportunities for lower-income families under sections 21 and 32 of the Act (42 U.S.C. 1437s a
17、nd 42 U.S.C. 1437z 4, respectively), the homeownership program under former section 5(h) of the Act (42 U.S.C. 1437c(h), or other predecessor homeownership programs; (4) The leasing of dwelling or non- dwelling space incidental to the nor-mal operation of the project for public housing purposes, as
18、permitted by the ACC; (5) Making available common areas and unoccupied dwelling units in public housing projects to provide HUD-ap-proved economic self-sufficiency serv-ices and activities to promote employ-ment of public housing residents; (6) The reconfiguration of the inte-rior space of buildings
19、 (e.g., moving or removing interior walls to change the design, sizes, or number of units) with-out demolition, as defined in 970.5. (This includes the conversion of bed-room size, occupancy type, changing the status of unit from dwelling to non-dwelling.); (7) Easements, rights-of-way, and transfer
20、s of utility systems incident to the normal operation of the develop-ment for public housing purposes, as permitted by the ACC; (8) A whole or partial taking by a public or quasi-public entity (taking agency) authorized to take real prop-erty by its use of police power or exer-cise of its power of e
21、minent domain under state law. A taking does not qualify for the exception under this paragraph unless: (i) The taking agency has been au-thorized to acquire real property by use of its police power or power of emi-nent domain under its state law; (ii) The taking agency has taken at least the first
22、step in formal pro-ceedings under its state law; and (iii) If the taking is for a federally as-sisted project, the Uniform Relocation Act (URA) (42 U.S.C. 4601 et seq.) ap-plies to any resulting displacement of residents and it is the responsibility of the taking agency to comply with ap-plicable UR
23、A requirements. (9) Demolition after conveyance of a public housing project to a non-PHA entity in accordance with an approved homeownership program under Title III of the Cranston-Gonzalez National Af-fordable Housing Act (HOPE I) (42 U.S.C. 1437aaa note); (10) Units or land leased for non- dwellin
24、g purposes for one year or less; (11) A public housing property that is conveyed by a PHA prior to DOFA to enable an owner entity to develop the property using the mixed-finance de-velopment method; (12) Disposition of public housing property for development pursuant to the mixed-finance development
25、 method at 24 CFR part 941, subpart F; (13) Demolition under the de minimis exception in 970.27, except that the en-vironmental review provisions apply, including the provisions at 970.7(a)(15) and (b)(13) of this part. (14) Demolition (but not disposition) of severely distressed units as part of a
26、revitalization plan under section 24 of the Act (42 U.S.C. 1437v) (HOPE VI) ap-proved after October 21, 1998; (15) Demolition (but not disposition) of public housing developments re-moved from a PHAs inventory under section 33 of the Act, 42 U.S.C. 1437z5. 71 FR 62362, Oct. 24, 2006, as amended at 7
27、3 FR 3868, Jan. 23, 2008 970.5 Definitions. ACC, or annual contributions contract, is defined in 24 CFR 5.403. Act means the United States Housing Act of 1937, 42 U.S.C. 1437 et seq. Appropriate government officials mean the Chief Executive Officer or officers of a unit of general local government.
28、Assistant Secretary means the Assist-ant Secretary for Public and Indian Housing at HUD. Chief Executive Officer of a unit of gen-eral local government means the elected VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00516 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD
29、 with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-507 Asst. Secry., for Public and Indian Housing, HUD 970.7 official or the legally designated offi-cial, who has the primary responsi-bility for the conduct of that entitys governmental affairs
30、. Examples of the chief executive officer of a unit of gen-eral local government are: the elected mayor of a municipality; the elected county executive of a county; the chairperson of a county commission or board in a county that has no elected county executive; and the official des-ignated pursuant
31、 to law by the gov-erning body of a unit of general local government. Demolition means the removal by razing or other means, in whole or in part, of one or more permanent build-ings of a public housing development. A demolition involves any four or more of the following: (1) Envelope removal (roof,
32、windows, exterior walls); (2) Kitchen removal; (3) Bathroom removal; (4) Electrical system removal (unit service panels and distribution cir-cuits); or (5) Plumbing system removal (e.g., either the hot water heater or distribu-tion piping in the unit, or both). Disposition means the conveyance or ot
33、her transfer by the PHA, by sale or other transaction, of any interest in the real estate of a public housing de-velopment, subject to the exceptions stated in 970.3. DOFA, or date of full availability, means the last day of the month in which substantially all (95 percent or more) of the units in a
34、 housing devel-opment are available for occupancy. Firm financial commitment means a commitment that obligates a cred-itable source, lender, or equity pro-vider, to the lending or equity invest-ment of a specific sum of funds to be made on or before a specific date(s) and may contain contingencies o
35、r condi-tions that must be satisfied by the bor-rower (or entity receiving equity in-vestments) before the closing of the transaction. The condition of a firm commitment must be that it is enforce-able by the borrower (or entity receiv-ing the equity investment) upon the satisfaction of all continge
36、ncies or con-ditions. PHA PlanMeans the PHAs initial, annual, and 5-year submissions under section 5A of the U.S. Housing Act of 1937, 42 U.S.C. 1437c1. Resident Advisory Board (RAB) has the same meaning as in 903.13(a) of this title. Resident Council means a resident or-ganization, the role and req
37、uirements of which are as described in 24 CFR part 964. Total development cost has the same meaning as in 24 CFR 941.103. 970.7 General requirements for HUD approval of a PHA demolition/dis-position application. (a) Application for HUD Approval. A PHA must obtain written approval from HUD before und
38、ertaking any transaction involving demolition or disposition of PHA-owned property under the ACC. Where a PHA demol-ishes or disposes of public housing property without HUD approval, no HUD funds may be used to fund the costs of demolition or disposition or re-imburse the PHA for those costs. HUD wi
39、ll approve an application for demoli-tion or disposition upon the PHAs sub-mission of an application with the re-quired certifications and the sup-porting information required by this section and 970.15 or 970.17. Section 970.29 specifies criteria for disapproval of an application. Approval of the a
40、p-plication under this part does not imply approval of a request for addi-tional funding, which the PHA must make separately under a program that makes available funding for this pur-pose. The PHA shall submit the appli-cation for demolition or disposition and the timetable in a time and man-ner and
41、 in a form prescribed by HUD. The supporting information shall in-clude: (1) A certification that the PHA has described the demolition or disposition in the PHA Annual Plan and timetable under 24 CFR part 903 (except in the case of small or high-performing PHAs eligible for streamlined annual plan t
42、reatment), and that the description in the PHA Annual Plan is identical to the application submitted pursuant to this part and otherwise complies with section 18 of the Act (42 U.S.C. 1437p) and this part; (2) A description of all identifiable property, by development, including VerDate Mar2010 10:0
43、7 May 20, 2011 Jkt 223080 PO 00000 Frm 00517 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-508 24 CFR Ch. IX (4111 Edition) 970.7 land, dwelling units, and other im-provement
44、s, involved in the proposed demolition or disposition; (3) A description of the specific ac-tion proposed, such as: (i) Demolition, disposition, or demo-lition with disposition; (ii) If disposition is involved, the method of sale; (4) A general timetable for the pro-posed action(s), including the in
45、itial contract for demolition, the actual demolition, and, if applicable, the clos-ing of sale or other form of disposition; (5) A statement justifying the pro-posed demolition or disposition under the applicable criteria of 970.15 or 970.17; (6) If applicable, a plan for the reloca-tion of tenants
46、who would be displaced by the proposed demolition or disposi-tion (including persons with disabil-ities requiring reasonable accommoda-tions and a relocation timetable as pre-scribed in 970.21); (7) A description with supporting evi-dence of the PHAs consultations with residents, any resident organi
47、zations, and the Resident Advisory Board, as required under 903.9 of this title; (8) In the case of disposition only, evidence of compliance with the offer-ing to resident organizations, as re-quired under 970.9; (9) In the case of disposition, an esti-mate of the fair market value of the property,
48、established on the basis of one independent appraisal, unless oth-erwise determined by HUD, as de-scribed in 970.19(c); (10) In the case of disposition, esti-mates of the gross and net proceeds to be realized, with an itemization of esti-mated costs to be paid out of gross pro-ceeds and the proposed
49、 use of any net proceeds in accordance with 970.19; (11) An estimate of costs for any re-quired relocation housing, moving costs, and counseling. (12) Where the PHA is requesting a waiver of the requirement for the ap-plication of proceeds for repayment of outstanding debt, the PHA must re-quest such a waiver in its application, along with a description of the pro-posed use of the proceeds; (13) A copy of a resolution by the PHAs Board of
