1、680 24 CFR Ch. IX (4111 Edition) 985.108 the apparent reasons for the defi-ciencies, and recommendations for im-provement. (c) PHA corrective action plan. Upon receipt of the HUD written report on its on-site review, the PHA must write a corrective action plan and submit it to HUD for approval. The
2、corrective ac-tion plan must: (1) Specify goals to be achieved; (2) Identify obstacles to goal achieve-ment and ways to eliminate or avoid them; (3) Identify resources that will be used or sought to achieve goals; (4) Identify an PHA staff person with lead responsibility for completing each goal; (5
3、) Identify key tasks to reach each goal; (6) Specify time frames for achieve-ment of each goal, including inter-mediate time frames to complete each key task; and (7) Provide for regular evaluation of progress toward improvement. (8) Be signed by the PHA board of commissioners chairperson and by the
4、 PHA executive director. If the PHA is a unit of local government or a state, the corrective action plan must be signed by the Section 8 program director and by the chief executive officer of the unit of government or his or her des-ignee. (d) Monitoring. The PHA and HUD must monitor the PHAs implem
5、enta-tion of its corrective action plan to en-sure performance targets are met. (e) Use of administrative fee reserve pro-hibited. Any PHA assigned an overall performance rating of troubled may not use any part of the administrative fee reserve for other housing purposes (see 24 CFR 982.155(b). (f)
6、Upgrading poor performance rating. HUD shall change an PHAs overall performance rating from troubled to standard or high performer if HUD de-termines that a change in the rating is warranted because of improved PHA performance and an improved SEMAP score. (Information collection requirements in this
7、 section have been approved by the Office of Management and Budget under control num-ber 25770215) 63 FR 48555, Sept. 10, 1998, as amended at 68 FR 37672, June 24, 2003 985.108 SEMAP records. HUD shall maintain SEMAP files, in-cluding certifications, notifications, appeals, corrective action plans,
8、and related correspondence for at least 3 years. (Information collection requirements in this section have been approved by the Office of Management and Budget under control num-ber 25770215) 985.109 Default under the Annual Contributions Contract (ACC). HUD may determine that an PHAs failure to cor
9、rect identified SEMAP de-ficiencies or to prepare and implement a corrective action plan required by HUD constitutes a default under the ACC. Subpart CPhysical Assessment Component Reserved PART 990THE PUBLIC HOUSING OPERATING FUND PROGRAM Subpart APurpose, Applicability, Formula, and Definitions Se
10、c. 990.100 Purpose. 990.105 Applicability. 990.110 Operating fund formula. 990.115 Definitions. 990.116 Environmental review requirements. Subpart BEligibility for Operating Subsidy; Computation of Eligible Unit Months 990.120 Unit months. 990.125 Eligible units. 990.130 Ineligible units. 990.135 El
11、igible unit months (EUMs). 990.140 Occupied dwelling units. 990.145 Dwelling units with approved vacan-cies. 990.150 Limited vacancies. 990.155 Addition and deletion of units. Subpart CCalculating Formula Expenses 990.160 Overview of calculating formula ex-penses. 990.165 Computation of project expe
12、nse level (PEL). 990.170 Computation of utilities expense level (UEL): Overview. 990.175 Utilities expense level: Computation of the current consumption level. 990.180 Utilities expense level: Computation of the rolling base consumption level. 990.185 Utilities expense level: Incentives for energy c
13、onservation/rate reduction. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00690 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-681 Asst. Secry., for Public and In
14、dian Housing, HUD 990.105 990.190 Other formula expenses (add-ons). Subpart DCalculating Formula Income 990.195 Calculation of formula income. Subpart EDetermination and Payment of Operating Subsidy 990.200 Determination of formula amount. 990.205 Fungibility of operating subsidy be-tween projects.
15、990.210 Payment of operating subsidy. 990.215 Payments of operating subsidy con-ditioned upon reexamination of income of families in occupancy. Subpart FTransition Policy and Transition Funding 990.220 Purpose. 990.225 Transition determination. 990.230 PHAs that will experience a subsidy reduction.
16、990.235 PHAs that will experience a subsidy increase. Subpart GAppeals 990.240 General. 990.245 Types of appeals. 990.250 Requirements for certain appeals. Subpart HAsset Management 990.255 Overview. 990.260 Applicability. 990.265 Identification of projects. 990.270 Asset management. 990.275 Project
17、-based management (PBM). 990.280 Project-based budgeting and ac-counting. 990.285 Records and reports. 990.290 Compliance with asset management requirements. Subpart IOperating Subsidy for Properties Managed by Resident Management Corporations (RMCs) 990.295 Resident Management Corporation operating
18、 subsidy. 990.300 Preparation of operating budget. 990.305 Retention of excess revenues. Subpart JFinancial Management Systems, Monitoring, and Reporting 990.310 PurposeGeneral policy on financial management, monitoring, and reporting. 990.315 Submission and approval of oper-ating budgets. 990.320 A
19、udits. 990.325 Record retention requirements. AUTHORITY: 42 U.S.C. 1437g; 42 U.S.C. 3535(d). SOURCE: 70 FR 54997, Sept. 19, 2005, unless otherwise noted. Subpart APurpose, Applicability, Formula, and Definitions 990.100 Purpose. This part implements section 9(f) of the United States Housing Act of 1
20、937 (1937 Act), (42 U.S.C. 1437g). Section 9(f) establishes an Operating Fund for the purposes of making assistance avail-able to public housing agencies (PHAs) for the operation and management of public housing. In the case of unsub-sidized housing, the total expenses of operating rental housing sh
21、ould be cov-ered by the operating income, which primarily consists of rental income and, to some degree, investment and non-rental income. In the case of pub-lic housing, the Operating Fund pro-vides operating subsidy to assist PHAs to serve low, very low, and extremely low-income families. This par
22、t de-scribes the policies and procedures for Operating Fund formula calculations and management under the Operating Fund Program. 990.105 Applicability. (a) Applicability of this part. (1) With the exception of subpart I of this part, this part is applicable to all PHA rent-al units under an Annual
23、Contributions Contract (ACC). This includes PHAs that have not received operating sub-sidy previously, but are eligible for op-erating subsidy under the Operating Fund Formula. (2) This part is applicable to all rent-al units managed by a resident man-agement corporation (RMC), including a direct-fu
24、nded RMC. (b) Inapplicability of this part. (1) This part is not applicable to Indian Hous-ing, section 5(h) and section 32 home-ownership projects, the Housing Choice Voucher Program, the section 23 Leased Housing Program, or the sec-tion 8 Housing Assistance Payments Programs. (2) With the excepti
25、on of subpart J of this part, this part is not applicable to the Mutual Help Program or the Turn-key III Homeownership Opportunity Program. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00691 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot fo
26、r ResaleNo reproduction or networking permitted without license from IHS-,-,-682 24 CFR Ch. IX (4111 Edition) 990.110 990.110 Operating fund formula. (a) General formula. (1) The amount of annual contributions (operating sub-sidy) each PHA is eligible to receive under this part shall be determined b
27、y a formula. (2) In general, operating subsidy shall be the difference between formula ex-pense and formula income. If a PHAs formula expense is greater than its for-mula income, then the PHA is eligible for an operating subsidy. (3) Formula expense is an estimate of a PHAs operating expense and is
28、deter-mined by the following three compo-nents: Project Expense Level (PEL), Utility Expense Level (UEL), and other formula expenses (add-ons). Formula expense and its three components are further described in subpart C of this part. Formula income is an estimate for a PHAs non-operating subsidy rev
29、-enue and is further described in sub-part D of this part. (4) Certain portions of the operating fund formula (e.g., PEL) are calculated in terms of per unit per month (PUM) amounts and are converted into whole dollars by multiplying the PUM amount by the number of eligible unit months (EUMs). EUMs
30、are further de-scribed in subpart B of this part. (b) Specific formula. (1) A PHAs for-mula amount shall be the sum of the three formula expense components cal-culated as follows: (PEL multiplied by EUM) plus (UEL multiplied by EUM) plus add-ons minus (formula in-come multiplied by EUM). (2) A PHA w
31、hose formula amount is equal to or less than zero is still eligi-ble to receive operating subsidy equal to its most recent actual audit cost for its Operating Fund Program. (3) Operating subsidy payments will be limited to the availability of funds as described in 990.210(c). (c) Non-codified formul
32、a elements. This part defines the major components of the Operating Fund Formula and de-scribes the relationships of these var-ious components. However, this part does not codify certain secondary ele-ments that will be used in the revised Operating Fund Formula. HUD will more appropriately provide
33、this infor-mation in non-codified guidance, such as a Handbook, FEDERAL REGISTER no-tice, or other non-regulatory means that HUD determines appropriate. 990.115 Definitions. The following definitions apply to the Operating Fund program: 1937 Act means the United States Housing Act of 1937 (42 U.S.C.
34、 1437 et seq.). Annual contributions contract (ACC) is a contract prescribed by HUD for loans and contributions, which may be in the form of operating subsidy, whereby HUD agrees to provide financial assist-ance and the PHA agrees to comply with HUD requirements for the devel-opment and operation of
35、 its public housing projects. Asset management is a management model that emphasizes project-based management, as well as long-term and strategic planning. Current consumption level is the amount of each utility consumed at a project during the 12-month period that ended the June 30th prior to the b
36、eginning of the applicable funding pe-riod. Eligible unit months (EUM) are the ac-tual number of PHA units in eligible categories expressed in months for a specified time frame and for which a PHA receives operating subsidy. Formula amount is the amount of op-erating subsidy a PHA is eligible to re-
37、ceive, expressed in whole dollars, as de-termined by the Operating Fund For-mula. Formula expense is an estimate of a PHAs operating expense used in the Operating Fund Formula. Formula income is an estimate of a PHAs non-operating subsidy revenue used in the Operating Fund Formula. Funding period is
38、 the calendar year for which HUD will distribute oper-ating subsidy according to the Oper-ating Fund Formula. Operating Fund is the account/pro-gram authorized by section 9 of the 1937 Act for making operating subsidy available to PHAs for the operation and management of public housing. Operating Fu
39、nd Formula (or Formula) means the data and calculations used under this part to determine a PHAs amount of operating subsidy for a given period. VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00692 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSN
40、ot for ResaleNo reproduction or networking permitted without license from IHS-,-,-683 Asst. Secry., for Public and Indian Housing, HUD 990.125 Operating subsidy is the amount of annual contributions for operations a PHA receives each funding period under section 9 of the 1937 Act as deter-mined by t
41、he Operating Fund Formula in this part. Other operating costs (add-ons) means PHA expenses that are recognized as formula expenses but are not included either in the project expense level or in the utility expense level. Payable consumption level is the amount for all utilities consumed at a project
42、 that the Formula recognizes in the computation of a PHAs utility ex-pense level at that project. Per unit per month (PUM) describes a dollar amount on a monthly basis per unit, such as Project Expense Level, Utility Expense Level, and formula in-come. Project means each PHA project under an ACC to
43、which the Operating Fund Formula is applicable. However, for purposes of asset management, as described in subpart H of this part, projects may be as identified under the ACC or may be a reasonable grouping of projects or portions of a project or projects under the ACC. Project-based management is t
44、he provi-sion of property management services that is tailored to the unique needs of each property, given the resources available to that property. Project expense level (PEL) is the amount of estimated expenses for each project (excluding utilities and add- ons) expressed as a PUM cost. Project un
45、its means all dwelling units in all of a PHAs projects under an ACC. Rolling base consumption level (RBCL) is the average of the yearly consump-tion levels for the 36-month period end-ing on the June 30th that is 18 months prior to the beginning of the applicable funding period. Transition funding i
46、s the timing and amount by which a PHA will realize in-creases and reductions in operating subsidy based on the new funding levels of the Operating Fund Formula. Unit months are the total number of project units in a PHAs inventory ex-pressed in months for a specified time frame. Utilities means ele
47、ctricity, gas, heat-ing fuel, water, and sewerage service. Utilities expense level (UEL) is a prod-uct of the utility rate multiplied by the payable consumption level multi-plied by the utilities inflation factor expressed as a PUM dollar amount. Utility rate (rate) means the actual av-erage rate fo
48、r any given utility for the most recent 12-month period that ended the June 30th prior to the begin-ning of the applicable funding period. Yearly consumption level is the actual amount of each utility consumed at a project during a 12-month period end-ing June 30th. 990.116 Environmental review re-q
49、uirements. The environmental review procedures of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C) and the implementing regulations at 24 CFR parts 50 and 58 are applicable to the Op-erating Fund Program. Subpart BEligibility for Operating Subsidy; Computation of Eligi-ble Unit Months 990.120 Unit months. (a) Some of the components of HUDs Operating Fund Formula are based on a measure known as unit months. Unit mon
