[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: 24CFR983.51]

[Page 646-648]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 983--SECTION 8 PROJECT-BASED CERTIFICATE PROGRAM--Table of Contents
 
          Subpart B--Owner Application Submission to Agreement
 
Sec. 983.51  HA unit selection policy, advertising, and owner application requirements.


    (a) General. The HA must adopt a written policy establishing 
competitive procedures for owner submission of applications and for HA 
selection of units to which assistance is to be attached and must submit 
the policy to the HUD field office for review and approval. The HA must 
select units in accordance with its approved selection policy. The HA's 
written selection policy must comply with the requirements of paragraph 
(b) of this section.
    (b) Advertising requirements. The HA must advertise in a newspaper 
of general circulation that the HA will accept applications for 
assistance under this part 983 for specific projects. The advertisement 
must be approved by the HUD field office and may not be published until 
after the later of HUD authorization to implement a project-based 
program or ACC execution. The

[[Page 647]]

advertisement must: be published once a week for three consecutive 
weeks; specify an application deadline of at least 30 days after the 
date the advertisement is last published; specify the number of units 
the HA estimates it will be able to assist under the funding the HA is 
making available for this purpose; and state that only applications 
submitted in response to the advertisement will be considered.
    (c) Selection policy requirements. The HA's written selection policy 
must identify, and specify the weight to be given to, the factors the HA 
will use to rank and select applications. These factors must include 
consideration of: site; design; previous experience of the owner and 
other participants in development, marketing, and management; and 
feasibility of the project as a whole (including likelihood of financing 
and marketability). The HA may add other factors, such as responsiveness 
to local objectives specified by the HA.
    (d) Owner application. The owner's application submitted to the HA 
must contain the following:
    (1) A description of the housing to be constructed or rehabilitated, 
including the number of units by size (square footage), bedroom count, 
bathroom count, sketches of the proposed new construction or 
rehabilitation, unit plans, listing of amenities and services, and 
estimated date of completion. For rehabilitation, the description must 
describe the property as is, and must also describe the proposed 
rehabilitation;
    (2) Evidence of site control, and for new construction 
identification and description of the proposed site, site plan and 
neighborhood;
    (3) Evidence that the proposed new construction or rehabilitation is 
permitted by current zoning ordinances or regulations or evidence to 
indicate that the needed rezoning is likely and will not delay the 
project;
    (4) The proposed contract rent per unit, including an indication of 
which utilities, services, and equipment are included in the rent and 
which are not included. For those utilities that are not included in the 
rent, an estimate of the average monthly cost for each unit type for the 
first year of occupancy;
    (5) A statement identifying:
    (i) The number of persons (families, individuals, businesses and 
nonprofit organizations) occupying the property on the date of the 
submission of the application;
    (ii) The number of persons to be displaced, temporarily relocated or 
moved permanently within the building or complex;
    (iii) The estimated cost of relocation payments and services, and 
the sources of funding; and
    (iv) The organization(s) that will carry out the relocation 
activities;
    (v) The identity of the owner and other project principals and the 
names of officers and principal members, shareholders, investors, and 
other parties having a substantial interest; certification showing that 
the above-mentioned parties are not on the U.S. General Services 
Administration list of parties excluded from Federal procurement and 
nonprocurement programs; a disclosure of any possible conflict of 
interest by any of these parties that would be a violation of the 
Agreement or the HAP contract; and information on the qualifications and 
experience of the principal participants. Information concerning any 
participant who is not known at the time of the owner's submission must 
be provided to the HA as soon as the participant is known;
    (vi) The owner's plan for managing and maintaining the units;
    (vii) Evidence of financing or lender interest and the proposed 
terms of financing;
    (viii) The proposed term of the HAP contract; and
    (ix) Such other information as the HA believes necessary.
    (e) Resident management corporation competitive selection exception. 
An HA may select units to which assistance is to be attached, without 
advertising under paragraph (b) of this section and without applying the 
selection factors otherwise required by paragraph (c) of this section, 
if attachment of project-based assistance would further the purposes of 
the sale of a public housing

[[Page 648]]

project to a resident management corporation under section 21 of the 
U.S. Housing Act of 1937 (42 U.S.C. 1437s).

(Approved by the Office of Management and Budget under control number 
2577-0169)

[60 FR 34717, July 3, 1995, as amended at 60 FR 45661, Sept. 1, 1995; 63 
FR 23871, Apr. 30, 1998]