[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR135.34]



[Page 730-731]

 

                 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 731]]



    (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.