[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR1000.134]



[Page 746]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, 

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 1000_NATIVE AMERICAN HOUSING ACTIVITIES--Table of Contents

 

                 Subpart B_Affordable Housing Activities

 

Sec.  1000.134  When may a recipient (or entity funded by a recipient) 

demolish or dispose of current assisted stock?



    (a) A recipient (or entity funded by a recipient) may undertake a 

planned demolition or disposal of current assisted stock owned by the 

recipient or an entity funded by the recipient when:

    (1) A financial analysis demonstrates that it is more cost-effective 

or housing program-effective for the recipient to demolish or dispose of 

the unit than to continue to operate or own it; or

    (2) The housing unit has been condemned by the government which has 

authority over the unit; or

    (3) The housing unit is an imminent threat to the health and safety 

of housing residents; or

    (4) Continued habitation of a housing unit is inadvisable due to 

cultural or historical considerations.

    (b) No action to demolish or dispose of the property other than 

performing the analysis cited in paragraph (a) of this section can be 

taken until HUD has been notified in writing of the recipient's intent 

to demolish or dispose of the housing units consistent with section 

102(c)(4)(H) of NAHASDA. The written notification must set out the 

analysis used to arrive at the decision to demolish or dispose of the 

property and may be set out in a recipient's IHP or in a separate 

submission to HUD.

    (c) In any disposition sale of a housing unit, a sale process 

designed to maximize the sale price will be used. However, where the 

sale is to a low-income Indian family, the home may be disposed of 

without maximizing the sale price so long as such price is consistent 

with a recipient's IHP. The sale proceeds from the disposition of any 

housing unit are program income under NAHASDA and must be used in 

accordance with the requirements of NAHASDA and these regulations.