[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: 24CFR970.8]

[Page 538-539]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 970--PUBLIC HOUSING PROGRAM--DEMOLITION OR DISPOSITION OF PUBLIC HOUSING PROJECTS--Table of Contents
 
Sec. 970.8  PHA application for HUD approval.

    Written approval by HUD shall be required before the PHA may 
undertake any transaction involving demolition or disposition. To 
request approval, the PHA shall submit an application to the appropriate 
HUD Field Office which includes the following:
    (a) A description of the property involved;
    (b) A description of, as well as a timetable for, the specific 
action proposed (including, in the case of disposition, the specific 
method proposed);
    (c) A statement justifying the proposed demolition or disposition 
under one or more of the applicable criteria of Sec. 970.6 or 
Sec. 970.7;
    (d) If applicable, a plan for the relocation of tenants who would be 
displaced by the proposed demolition or disposition (see Sec. 970.5). 
The relocation plan must at least indicate:
    (1) The number of tenants to be displaced;
    (2) What counseling and advisory services the PHA plans to provide;
    (3) What housing resources are expected to be available to provide 
housing for displaced tenants;
    (4) An estimate of the costs for counseling and advisory services 
and tenant moving expenses, and the expected source for payment of these 
costs (see Secs. 970.9); and
    (5) The minimum official notice that the PHA will give tenants 
before they are required to move;
    (e) A description of the PHA's consultations with tenants and any 
tenant organizations (as required under Sec. 970.4(a)), with copies of 
any written comments which may have been submitted to the PHA and the 
PHA's evaluation of the comments;
    (f) A replacement housing plan, as required under Sec. 970.11, and 
approved by the unit of general local government which approval shall be 
provided by the chief executive officer of the jurisdiction in which the 
project is located (e.g., the mayor or the county executive), indicating 
approval of the replacement plan.
    (g) Evidence of compliance with the offering to resident 
organizations, as required under Sec. 970.13.

[[Page 539]]

    (h) A certification regarding relocation of residents, in accordance 
with Sec. 970.5(h)(1).
    (i) Appropriate certifications regarding site and neighborhood 
assessment, in accordance with Secs. 970.11(h) (2), (3), and (4).
    (j) Appropriate certification regarding compliance with 
environmental authorities, where required in accordance with 
Sec. 970.4(c).
    (k) The estimated balance of project debt, under the ACC, for 
development and modernization;
    (l) In the case of disposition, an estimate of the fair market value 
of the property, established on the basis of one independent appraisal 
unless, as determined by HUD, (1) more than one appraisal is warranted, 
or (2) another method of valuation is clearly sufficient and the expense 
of an independent appraisal is unjustified because of the limited nature 
of the property interest involved or other available data;
    (m) In the case of disposition, estimates of the gross and net 
proceeds to be realized, with an itemization of estimated costs to be 
paid out of gross proceeds and the proposed use of any net proceeds in 
accordance with Sec. 970.9;
    (n) A copy of a resolution by the PHA's Board of Commissioners 
approving the application;
    (o) If determined to be necessary by HUD, an opinion by the PHA's 
legal counsel that the proposed action is consistent with applicable 
requirements of Federal, State, and local laws; and
    (p) Any additional information necessary to support the application 
and assist HUD in making determinations under this part.

(Approved by the Office of Management and Budget under control number 
2577-0075)

[50 FR 50894, Dec. 13, 1985, as amended at 60 FR 3719, Jan. 18, 1995]