[Code of Federal Regulations]
[Title 24, Volume 4]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR968.104]

[Page 505-506]
 
                 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 A_General
 
Sec. 968.104  Reserve for emergencies and disasters.

    (a) Emergencies--(1) Eligibility for assistance. A PHA (including a 
PHA that has been designated as mod troubled under PHMAP) may obtain 
funds at any time, for any eligible emergency work item as defined in 
Sec. 968.305 (for CGP PHAs) or for any eligible emergency work item 
(described as emergency modernization in Sec. 968.205) (for CIAP PHAs), 
from the reserve established under Sec. 968.103(b). However, emergency 
reserve funds may not be provided to a CGP PHA that has the necessary 
funds available from any other source, including its annual formula 
allocation under Sec. 968.103 (e) and (f), other unobligated 
modernization funds, and its replacement reserves. A PHA is not required 
to have an approved comprehensive plan under Sec. 968.315 before it can 
request emergency assistance from this reserve. Emergency reserve funds 
may not be provided to a CIAP PHA unless it does not have the necessary 
funds available from any other source, including unobligated CIAP, and 
no CIAP modernization funding is available from HUD for the remainder of 
the fiscal year.
    (2) Procedure. To obtain emergency funds, a PHA must submit a 
request, in a form to be prescribed by HUD, which demonstrates that 
without the requested funds from the set-aside, the PHA does not have 
adequate funds available to correct the conditions which present an 
immediate threat to the health or safety of the residents. HUD will 
immediately process a request for such assistance and, if it determines 
that the PHA's request meets the requirements under paragraph (a)(1) of 
this section, it shall approve the request, subject to the availability 
of funds in the reserve;
    (3) Repayment. A CGP PHA that receives assistance for its emergency 
needs from the reserve under Sec. 968.103(b) must repay such assistance 
from its future allocations of assistance, where available. For CGP 
PHAs, HUD shall deduct up to 50 percent of a PHA's succeeding year's 
formula allocation under Sec. 968.103 (e) and (f) to repay emergency 
funds previously provided by HUD to the PHA. The remaining balance, if 
any, shall be deducted from a PHA's succeeding years' formula 
allocations. A CIAP PHA is not required to repay assistance for its 
emergency needs from the reserve.
    (b) Natural and other disasters--(1) Eligibility for assistance. A 
PHA (including a PHA that has been designated as mod troubled under 
PHMAP) may request assistance at any time from the reserve established 
under Sec. 968.103(b) for the purpose of permitting the PHA to address 
a natural or other disaster. To qualify for assistance, the disaster 
must pertain to an extraordinary event affecting only one or a few PHAs, 
such as an earthquake or hurricane. Any disaster declared by the 
President (or which HUD determines would qualify for a Presidential 
declaration if it were

[[Page 506]]

on a larger scale) qualifies for assistance under this paragraph. A PHA 
may receive funds from the reserve regardless of the availability of 
other modernization funds or reserves, but only to the extent that its 
needs are in excess of its insurance coverage or other Federal 
assistance. A CGP PHA is not required to have an approved comprehensive 
plan under Sec. 968.315 before it can request assistance from the 
reserve under Sec. 968.103(b);
    (2) Procedure. To obtain funding for natural or other disasters 
under Sec. 968.103(b), a PHA must submit a request, in a form to be 
prescribed by HUD, which demonstrates that the PHA meets the 
requirements of paragraph (b)(1) of this section. HUD will immediately 
process a request for such assistance and, if it determines that the 
request meets the requirements under paragraph (b)(1) of this section, 
it shall approve the request, subject to the availability of funds in 
the reserve;
    (3) Repayment. Funds provided to a PHA under Sec. 968.103(b) for 
natural and other disasters are not required to be repaid.

[57 FR 5575, Feb. 14, 1992, as amended at 59 FR 44838, Aug. 30, 1994. 
Redesignated and amended at 61 FR 8738, Mar. 5, 1996]