[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR135.34]

[Page 724-725]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
    CHAPTER I--OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY, 
               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
 
PART 135_ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS
--Table of Contents
 
 Subpart B_Economic Opportunities for Section 3 Residents and Section 3 
                            Business Concerns
 
Sec. 135.34  Preference for section 3 residents in training and employment 
opportunities.

    (a) Order of providing preference. Recipients, contractors and 
subcontractors shall direct their efforts to provide, to the greatest 
extent feasible, training and employment opportunities generated from 
the expenditure of section 3 covered assistance to section 3 residents 
in the order of priority provided in paragraph (a) of this section.
    (1) Public and Indian housing programs. In public and Indian housing 
programs, efforts shall be directed to provide training and employment 
opportunities to section 3 residents in the following order of priority:
    (i) Residents of the housing development or developments for which 
the section 3 covered assistance is expended (category 1 residents);
    (ii) Residents of other housing developments managed by the HA that 
is expending the section 3 covered housing assistance (category 2 
residents);
    (iii) Participants in HUD Youthbuild programs being carried out in 
the metropolitan area (or nonmetropolitan county) in which the section 3 
covered assistance is expended (category 3 residents);
    (iv) Other section 3 residents.
    (2) Housing and community development programs. In housing and 
community development programs, priority consideration shall be given, 
where feasible, to:
    (i) Section 3 residents residing in the service area or neighborhood 
in which the section 3 covered project is located (collectively, 
referred to as category 1 residents); and
    (ii) Participants in HUD Youthbuild programs (category 2 residents).
    (iii) Where the section 3 project is assisted under the Stewart B. 
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.), homeless 
persons residing in the service area or neighborhood in which the 
section 3 covered project is located shall be given the highest 
priority;

[[Page 725]]

    (iv) Other section 3 residents.
    (3) Recipients of housing assistance programs administered by the 
Assistant Secretary for Housing may, at their own discretion, provide 
preference to residents of the housing development receiving the section 
3 covered assistance within the service area or neighborhood where the 
section 3 covered project is located.
    (4) Recipients of community development programs may, at their own 
discretion, provide priority to recipients of government assistance for 
housing, including recipients of certificates or vouchers under the 
Section 8 housing assistance program, within the service area or 
neighborhood where the section 3 covered project is located.
    (b) Eligibility for preference. A section 3 resident seeking the 
preference in training and employment provided by this part shall 
certify, or submit evidence to the recipient contractor or 
subcontractor, if requested, that the person is a section 3 resident, as 
defined in Sec. 135.5. (An example of evidence of eligibility for the 
preference is evidence of receipt of public assistance, or evidence of 
participation in a public assistance program.)
    (c) Eligibility for employment. Nothing in this part shall be 
construed to require the employment of a section 3 resident who does not 
meet the qualifications of the position to be filled.