[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: 24CFR968.305]

[Page 512-513]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 968--PUBLIC HOUSING MODERNIZATION--Table of Contents
 
Subpart C--Comprehensive Grant Program (for PHAs That Own or Operate 250 
                      or More Public Housing Units)
 
Sec. 968.305  Definitions.

    Source: 57 FR 5575, Feb. 14, 1992, unless otherwise noted.


    In addition to the definitions in Sec. 968.105, the following 
definitions apply to this subpart:
    Action plan. A plan of the actions to be funded by a PHA over a 
period of five years (including a PHA's proposed allocation of its 
modernization funds to a reserve established under Sec. 968.112(f)) to 
make the necessary physical and management improvements identified in 
the PHA's comprehensive plan. The plan shall be based upon HUD's and the 
PHA's best estimates of the funding reasonably expected to become 
available under the next five-year period. The action plan is updated 
annually to reflect a rolling five-year base. (See Sec. 968.315(e)(5).)
    Annual Statement. A work statement covering the first year of the 
Five-Year Action Plan and setting forth the major work categories and 
costs by development or PHA-wide for the current FFY grant, as well as a 
summary of costs by development account and implementation schedules for 
obligation and expenditure of the funds.
    Annual Submission. A collective term for all documents which the PHA 
must submit to HUD for review and approval before accessing the current 
FFY grant funds. Such documents include the Annual Statement, Work 
Statements for years two through five of the Five-Year Action Plan, 
local government statement, PHA Board Resolution, materials 
demonstrating the partnership process and any other documents as 
prescribed by HUD.
    Chief executive officer (CEO). The CEO of a unit of general local 
government means the elected official or the legally designated 
official, who has the primary responsibility for the conduct of that 
entity's governmental affairs. Examples of the CEO of a unit of general 
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; or the official 
designated pursuant to law by the governing body of a unit of general 
local government (e.g., city manager).
    Comprehensive plan. A plan prepared by a PHA and approved by HUD 
setting

[[Page 513]]

forth all of the physical and management improvement needs of the PHA 
and its public housing developments, indicating the relative urgency of 
needs and which includes the PHA's action plan, cost estimates, and 
required local government and PHA certifications. The comprehensive plan 
may be revised, as necessary, but must be revised at least every sixth 
year. (See Sec. 968.315(e).)
    Emergency work. Physical work items of an emergency nature, posing 
an immediate threat to the health or safety of residents, which must be 
completed within one year of CGP funding. Management improvements are 
not eligible as emergency work and, therefore, must be covered by the 
comprehensive plan (including the action plan) before the PHA may carry 
them out.
    Fungibility. Fungibility is a concept which permits a PHA to 
substitute any work item from the latest approved Five-Year Action Plan 
to any previously approved CIAP budget or CGP Annual Statement and to 
move work items among approved budgets without prior HUD approval.
    Improvement plan. A document developed by the PHA and approved by 
HUD specifying the actions to be taken, including timetables, to correct 
deficiencies identified as a result of an assessment, either under PHMAP 
or pursuant to HUD monitoring or audit findings.
    Memorandum of Agreement (MOA). A binding contractual agreement 
between HUD and a troubled PHA, or a mod troubled PHA, which is designed 
to bring about significant, expeditious and long-lasting improvements in 
the PHA's management of its PHA-owned units. A MOA is required for each 
PHA designated as troubled or mod troubled.
    Resident groups. Democratically elected resident groups such as PHA-
wide resident groups, area-wide resident groups, single development 
resident groups, or RMCs.
    Substantial rehabilitation. A modernization program for a 
development which provides for all physical and management improvements 
needed to meet the modernization and energy conservation standards and 
to ensure its long-term physical and social viability.
    Work Statements. Work Statements cover the second through the fifth 
years of the Five-Year Action Plan and set forth the major work 
categories and costs by development or PHA-wide which the PHA intends to 
undertake in each year of years two through five. In preparing these 
Work Statements, the PHA shall assume that the current FFY formula 
amount will be available in each year of years two through five.

[57 FR 5575, Feb. 14, 1992, as amended at 58 FR 13931, Mar. 15, 1993; 59 
FR 44837, Aug. 30, 1994; 61 FR 8744, Mar. 5, 1996]