[Code of Federal Regulations] [Title 24, Volume 4] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 24CFR905.10] [Page 341-346] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 905--THE PUBLIC HOUSING CAPITAL FUND PROGRAM--Table of Contents Sec. 905.10 Capital Fund formula (CFF). (a) General. This section describes the formula for allocation of capital funds to PHAs. The formula is referred to as the Capital Fund formula (CFF). (b) Emergency reserve and use of amounts. (1) In each Federal fiscal year after Federal Fiscal Year (FFY) 1999, from amounts approved in the appropriation act for funding under this part, HUD: (i) Shall reserve an amount not to exceed that authorized by 42 U.S.C. 1437g(k) for-- (A) Use for assistance in connection with emergencies and other disasters, and (B) Housing needs resulting from any settlement of litigation; and (ii) May reserve such other amounts for other purposes authorized by 42 U.S.C. 1437g(k). (2) Amounts set aside under paragraph (b) of this section may be used for assistance for any eligible use under the Capital Fund, Operating Fund, or tenant-based assistance in accordance with section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). (3) The use of any amounts as provided under paragraph (b) of this section relating to emergencies (other than disasters and housing needs resulting from settlement of litigation) shall be announced subsequently through Federal Register notice. (c) Formula allocation based on relative needs. After determining the amounts to be reserved under paragraph (b) of this section, HUD shall allocate the amount remaining in accordance with the CFF. The CFF measures the existing modernization needs and accrual needs of PHAs. (d) Allocation for existing modernization needs under the CFF. HUD shall allocate one-half of the available Capital Fund amount based on the relative existing modernization needs of PHAs, determined in accordance with this paragraph (d) of this section. (1) For PHAs greater than or equal to 250 or more units in FFY 1999, except the New York City and Chicago Housing Authorities, estimates of the existing modernization need will be based on the following: (i) Objective measurable data concerning the following PHA, community and development characteristics applied to each development: (A) The average number of bedrooms in the units in a development. (Equation co-efficient: 4604.7); [[Page 342]] (B) The total number of units in a development as of FFY 1999. (Equation co-efficient: 10.17); (C) The proportion of units, as of FFY 1998, in a development in buildings completed in 1978 or earlier. In the case of acquired developments, HUD will use the Date of Full Availability (DOFA) date unless the PHA provides HUD with the actual date of construction. When provided with the actual date of construction, HUD will use this date (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. (Equation co-efficient: 4965.4); (D) The cost index of rehabilitating property in the area as of FFY 1999. (Equation co-efficient: -10608); (E) The extent to which the units of a development were in a non- metropolitan area as defined by the Census Bureau during FFY 1996. (Equation co-efficient: 2703.9); (F) The PHA is located in the southern census region, as defined by the Census Bureau. (Equation co-efficient: -269.4); (G) The PHA is located in the western census region, as defined by the Census Bureau. (Equation co-efficient: -1709.5); (H) The PHA is located in the midwest census region as defined by the Census Bureau. (Equation co-efficient: 246.2) (ii) An equation constant of 13851. (A) Newly constructed units. Units with a DOFA date of October 1, 1991, or thereafter, will be considered to have a zero existing modernization need. (B) Acquired developments. Developments acquired by a PHA with a DOFA date of October 1, 1991, or thereafter, will be considered by HUD to have a zero existing modernization need. (2) For New York City and Chicago Housing Authorities, based on a large sample of direct inspections. For purposes of this formula, prior to the cost calibration in paragraph (d)(4) of this section, the number used for the existing modernization need of family developments is $16,680 in New York, and $24,286 in Chicago, and the number for elderly developments is $14,622 in New York, and $16,912 in Chicago. (i) Newly constructed units. Units with a DOFA date of October 1, 1991, or thereafter, will be considered to have a zero existing modernization need. (ii) Acquired developments. Developments acquired by a PHA with a DOFA date of October 1, 1991, or thereafter, will be considered by HUD to have a zero existing modernization need. (3) For PHAs with fewer than 250 units in FFY 1999, estimates of the existing modernization need will be based on the following: (i) Objective measurable data concerning the following PHA, community and development characteristics applied to each development: (A) The average number of bedrooms in the units in a development. (Equation co-efficient: 1427.1); (B) The total number of units in a development as of FFY 1999. (Equation co-efficient: 24.3); (C) The proportion of units, as of FFY 1998, in a development in buildings completed in 1978 or earlier. In the case of acquired developments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construction, in which case HUD will use the actual date of construction (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. (Equation co-efficient: -1389.7); (D) The cost index of rehabilitating property in the area, as of FFY 1999. (Equation co-efficient: -20163); (E) The extent to which the units of a development were in a non- metropolitan area as defined by the Census Bureau during FFY 1996. (Equation co-efficient: 6157.7); (F) The PHA is located in the southern census region, as defined by the Census Bureau. (Equation co-efficient: 4379.2); (G) The PHA is located in the western census region, as defined by the Census Bureau. (Equation co-efficient: 3747.7); (H) The PHA is located in the midwest census region as defined by the Census Bureau. (Equation co-efficient: -2073.5) (ii) An equation constant of 24762. (A) Newly constructed units. Units with a DOFA date of October 1, 1991, or thereafter, will be considered to have a zero existing modernization need. [[Page 343]] (B) Acquired developments. Developments acquired by a PHA with a DOFA date of October 1, 1991, or thereafter, will be considered by HUD to have a zero existing modernization need. (4) Calibration of existing modernization need for cost index of rehabilitating property in the area. The estimated existing modernization need, as determined under paragraphs (d)(1), (d)(2) or (d)(3) of this section, shall be adjusted by the values of the cost index of rehabilitating property in the area. (e) Allocation for accrual needs under the CFF. HUD shall allocate the other half of the remaining Capital Fund amount based on the relative accrual needs of PHAs, determined in accordance with paragraph (e) of this section. (1) For PHAs greater than or equal to 250 or more units, except the New York City and Chicago Housing Authorities, estimates of the accrual need will be based on the following: (i) Objective measurable data concerning the following PHA, community and development characteristics applied to each development: (A) The average number of bedrooms in the units in a development. (Equation co-efficient: 324.0); (B) The extent to which the buildings in a development average fewer than 5 units. (Equation co-efficient: 93.3); (C) The age of a development as of FFY 1998, as determined by the DOFA date. In the case of acquired developments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construction, in which case HUD will use the actual date of construction (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. (Equation co-efficient: -7.8); (D) Whether the development is a family development. (Equation co- efficient: 184.5); (E) The cost index of rehabilitating property in the area, as of FFY 1999. (Equation co-efficient: -252.8); (F) The extent to which the units of a development were in a non- metropolitan area as defined by the Census Bureau during FFY 1996. (Equation co-efficient: -121.3); (G) PHA size of 6600 or more units in FFY 1999. (Equation co- efficient: -150.7); (H) The PHA is located in the southern census region, as defined by the Census Bureau. (Equation co-efficient: 28.4); (I) The PHA is located in the western census region, as defined by the Census Bureau. (Equation co-efficient: -116.9); (J) The PHA is located in the midwest census region as defined by the Census Bureau. (Equation co-efficient: 60.7) (ii) An equation constant of 1371.9, (2) For New York City and Chicago Housing Authorities, based on a large sample of direct inspections. For purposes of this formula, prior to the cost calibration in paragraph (e)(4) of this section the number used for the accrual need of family developments is $1,395 in New York, and $1,251 in Chicago, and the number for elderly developments is $734 in New York, and $864 in Chicago. (3) For PHAs with fewer than 250 units, estimates of the accrual need will be based on the following: (i) Objective measurable data concerning the following PHA, community and development characteristics applied to each development: (A) The average number of bedrooms in the units in a development. (Equation co-efficient: 325.5); (B) The extent to which the buildings in a development average fewer than 5 units. (Equation co-efficient: 179.8); (C) The age of a development as of FFY 1998, as determined by the DOFA date. In the case of acquired developments, HUD will use the DOFA date unless the PHA provides HUD with the actual date of construction. When provided with the actual date of construction, HUD will use this date (or, for scattered sites, the average dates of construction of all the buildings), subject to a 50-year cap. (Equation co-efficient: -9.0); (D) Whether the development is a family development. (Equation co- efficient: 59.3); (E) The cost index of rehabilitating property in the area, as of FFY 1999. (Equation co-efficient: -1570.5); (F) The extent to which the units of a development were in a non- metropolitan area as defined by the Census Bureau during FFY 1996. (Equation co-efficient: -122.9); [[Page 344]] (G) The PHA is located in the southern census region, as defined by the Census Bureau. (Equation co-efficient: -564.0); (H) The PHA is located in the western census region, as defined by the Census Bureau. (Equation co-efficient: -29.6); (I) The PHA is located in the midwest census region as defined by the Census Bureau. (Equation co-efficient: -418.3) (ii) An equation constant of 3193.6. (4) Calibration of accrual need for the cost index of rehabilitating property in the area. The estimated accrual need, as determined under either paragraph (e)(2) or (e)(3) of this section, shall be adjusted by the values of the cost index of rehabilitation. (f) Calculation of number of units. (1) General. For purposes of determining the number of a PHA's public housing units, and the relative modernization needs of PHAs: (i) HUD shall count as one unit: (A) Each public housing and section 23 bond-financed unit under the ACC, except that it shall count as one-fourth of a unit each existing unit under Turnkey III program. Units receiving operating subsidy only shall not be counted. (B) Each existing unit under the Mutual Help program. (ii) HUD shall add to the overall unit count units that are added to a PHA's inventory so long as the units are under ACC amendment and have reached DOFA by the date that HUD establishes for the Federal Fiscal Year in which the CFF is being run (hereafter called the ``reporting date''). Any such increase in units shall result in an adjustment upwards in the number of units under the CFF. New units reaching DOFA after the reporting date will be counted for CFF purposes as of the following Federal Fiscal Year. (2) Replacement units. Replacement units newly constructed as of and after October 1, 1998 that replace units in a development funded in FFY 1999 by the Comprehensive Grant formula system or the Comprehensive Improvement Assistance Program (CIAP) formula system will be given a new ACC number as a separate development and will be treated as a newly constructed development. (3) Conversion of units. The total estimated need (total units times need per unit) of the development is unchanged by conversion of unit sizes within buildings. (4) Reduction of units. For developments losing units as a result of demolition and disposition, the number of units on which capital funding is based will be the number of units reported as eligible for capital funding as of the reporting date. Units are eligible for funding until they are removed due to demolition and disposition in accordance with a schedule approved by HUD. (g) Computation of formula shares under the CFF. (1) Total estimated existing modernization need. The total estimated existing modernization need of a PHA under the CFF is the result of multiplying for each development the PHA's total number of formula units by its estimated existing modernization need per unit, as determined by paragraph (d) of this section, and calculating the sum of these estimated development needs. (2) Total accrual need. The total accrual need of a PHA under the CFF is the result of multiplying for each development the PHA's total number of formula units by its estimated accrual need per unit, as determined by paragraph (e) of this section, and calculating the sum of these estimated accrual needs. (3) PHA's formula share of existing modernization need. A PHA's formula share of existing modernization need under the CFF is the PHA's total estimated existing modernization need divided by the total existing modernization need of all PHAs. (4) PHA's formula share of accrual need. A PHA's formula share of accrual need under the CFF is the PHA's total estimated accrual need divided by the total existing accrual need of all PHAs. (5) PHA's formula share of capital need. A PHA's formula share of capital need under the CFF is the average of the PHA's share of existing modernization need and its share of accrual need (by which method each share is weighted 50%). (h) CFF capping. (1) For units that are eligible for funding under the CFF (including replacement housing units discussed below) a PHA's CFF share [[Page 345]] will be its share of capital need, as determined under the CFF, subject to the condition that no PHA's CFF share for units funded under CFF can be less than 94% of its formula share had the FFY 1999 formula system been applied to these CFF eligible units. The FFY 1999 formula system is based upon the FFY 1999 Comprehensive Grant formula system for PHAs with 250 or more units in FFY 1999 and upon the FFY 1999 Comprehensive Improvement Assistance Program (CIAP) formula system for PHAs with fewer than 250 units in FFY 1999. (2) For a Moving to Work PHA whose agreement provides that its capital formula share is to be calculated in accordance with the previously existing formula, the PHA's CFF share, during the term of the agreement, may be approximately the formula share that the PHA would have received had the FFY 1999 formula funding system been applied to the CFF eligible units. (i) Replacement housing factor to reflect formula need for developments with demolition and disposition occurring on or after October 1, 1998--(1) Replacement housing factor generally. PHAs that have a reduction in units attributable to demolition and disposition of units during the period (reflected in data maintained by HUD) that lowers the formula unit count for the CFF calculations qualify for application of a replacement housing factor, subject to satisfaction of criteria stated in paragraph (i)(5) of this section. (2) When applied. The replacement housing factor will be added, where applicable: (i) For the first 5 years after the reduction in units described in paragraph (i)(1) of this section, and (ii) For an additional 5 years if the planning, leveraging, obligation and expenditure requirements are met. As a prior condition of a PHA's receipt of additional funds for replacement housing provided for the second 5-year period or any portion thereof, a PHA must obtain a firm commitment of substantial additional funds other than public housing funds for replacement housing, as determined by HUD. (3) Computation of replacement housing factor. The replacement housing factor consists of the difference between the CFF share without the CFF share reduction of units attributable to demolition and disposition, and the CFF share that resulted after the reduction of units attributable to demolition and disposition. (4) Replacement housing funding in FFY 1998 and 1999. Units that received replacement housing funding in FFY 1998 will be treated as if they had received two years of replacement housing funding by FFY 2000. Units that received replacement housing funding in FFY 1999 will be treated as if they had received one year of replacement housing funding as of FFY 2000. (5) PHA eligibility for replacement housing factor. A PHA is eligible for application of this factor only if the PHA satisfies the following criteria: (i) The PHA requests the application of the replacement factor; (ii) The PHA will use the funding in question only for replacement housing; (iii) The PHA will use the restored funding that results from the use of the replacement factor to provide replacement housing in accordance with the PHA's five-year PHA plan, as approved by HUD under part 903 of this chapter; (iv) The PHA has not received funding for public housing units that will replace the lost units under the public housing development, Major Reconstruction of Obsolete Public Housing, HOPE VI programs, or programs that otherwise provide for replacement with public housing units; (v) The PHA, if designated troubled by HUD and not already under the direction of HUD or a court-appointed receiver, in accordance with part 902 of this chapter, uses an Alternative Management Entity as defined in part 902 of this chapter for development of replacement housing and complies with any applicable provisions of its Memorandum of Agreement executed with HUD under that part; and (vi) The PHA undertakes any development of replacement housing in accordance with applicable HUD requirements and regulations. (6) Failure to provide replacement housing in a timely fashion. (i) A PHA will be subject to the actions described in paragraph (i)(7)(ii) of this section if the PHA does not: [[Page 346]] (A) Use the restored funding that results from the use of the replacement housing factor to provide replacement housing in a timely fashion, as provided in paragraph (i)(7)(i) of this section and in accordance with applicable HUD requirements and regulations; and (B) Make reasonable progress on such use of the funding, in accordance with HUD requirements and regulations. (ii) If a PHA fails to act as described in paragraph (i)(6)(i), HUD will require appropriate corrective action under these regulations; may recapture and reallocate the funds; or may take other appropriate action. (7) Requirement to obligate and expend replacement housing factor funds within specified period. (i) In addition to the requirements otherwise applicable to obligation and expenditure of funds, PHAs are required to obligate assistance received as a result of the replacement housing factor within: (A) 24 months from the date that funds become available to the PHA; or (B) With specific HUD approval, 24 months from the date that the PHA accumulates adequate funds to undertake replacement housing. (ii) To the extent the PHA has not obligated any funds provided as a result of the replacement housing factor within the times required by this paragraph, or expended such funds within a reasonable time, HUD shall reduce the amount of funds to be provided to the PHA as a result of the application of the second 5 years of the replacement housing factor. (j) Performance reward factor. (1) PHAs that are designated high performers under the Public Housing Assessment System (PHAS) for their most recent fiscal year can receive a performance bonus that is: (i) 3% above their base formula amount in the first five years these awards are given (for any year in this 5-year period in which the performance reward is earned); and (ii) 5% above their base formula amount in future years (for any year in which the performance reward is earned). (2) The performance bonus is subject only to the condition that no PHA will lose more than 5% of its base formula amount as a result of the redistribution of funding from non-high performers to high performers. (k) Eligible expenses. (1) Eligible expenses include the following: (i) Development, financing, and modernization of public housing projects, including the redesign, reconstruction, and reconfiguration of public housing sites and buildings (including accessibility improvements) and the development of mixed-finance projects; (ii) Vacancy reduction; (iii) Addressing deferred maintenance needs and the replacement of obsolete utility systems and dwelling equipment; (iv) Planned code compliance; (v) Management improvements; (vi) Demolition and replacement; (vii) Resident relocation; (viii) Capital expenditures to facilitate programs to improve the empowerment and economic self-sufficiency of public housing residents and to improve resident participation; (ix) Capital expenditures to improve the security and safety of residents; and (x) Homeownership activities, including programs under section 32 of the 1937 Act (42 U.S.C. 1437z-4). (2) Such assistance may involve the drawdown of funds on a schedule commensurate with construction draws for deposit into an interest earning escrow account to serve as collateral or credit enhancement for bonds issued by a public agency for the construction or rehabilitation of the development. [65 FR 14426, March 16, 2000, as amended at 65 FR 25446, May 2, 2000]