[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: 24CFR4.3]



[Page 31-32]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 4_HUD REFORM ACT--Table of Contents

 

       Subpart A_Accountability in the Provision of HUD Assistance

 

Sec.  4.3  Definitions.



    Applicant includes a person whose application for assistance must be 

submitted to HUD for any purpose including approval, environmental 

review, or rent determination.

    Assistance under any program or discretionary fund administered by 

the Secretary is subject to Section 102(a), and means any assistance, 

under any program administered by the Department, that provides by 

statute, regulation or otherwise for the competitive distribution of 

funding.

    Assistance within the jurisdiction of the Department is subject to 

Section 102(b), and means any contract, grant, loan, cooperative 

agreement, or other form of assistance, including the insurance or 

guarantee of a loan or mortgage, that is provided with respect to a 

specific project or activity under a program administered by the 

Department, whether or not it is awarded through a competitive process.

    Assistance within the jurisdiction of the Department to any housing 

project is subject to Section 102(d), and means:

    (1) Assistance which is provided directly by HUD to any person or 

entity, but not to subrecipients. It includes assistance for the 

acquisition, rehabilitation, operation conversion, modernization, 

renovation, or demolition of any property containing five or more 

dwelling units that is to be used primarily



[[Page 32]]



for residential purposes. It includes assistance to independent group 

residences, board and care facilities, group homes and transitional 

housing but does not include primarily nonresidential facilities such as 

intermediate care facilities, nursing homes and hospitals. It also 

includes any change requested by a recipient in the amount of assistance 

previously provided, except changes resulting from annual adjustments in 

Section 8 rents under Section 8(c)(2)(A) of the United States Housing 

Act of 1937 (42 U.S.C. 1437f);

    (2) Assistance to residential rental property receiving a tax credit 

under Federal, State or local law.

    (3) For purposes of this definition, assistance includes assistance 

resulting from annual adjustments in Section 8 rents under Section 

8(c)(2)(A) of the United States Housing Act of 1937, unless the initial 

assistance was made available before April 15, 1991, and no other 

assistance subject to this subpart A was made available on or after that 

date.

    Housing project means: (1) Property containing five or more dwelling 

units that is to be used for primarily residential purposes, including 

(but not limited to) living arrangements such as independent group 

residences, board and care facilities, group homes, and transitional 

housing, but excluding facilities that provide primarily non-residential 

services, such as intermediate care facilities, nursing homes, and 

hospitals.

    (2) Residential rental property receiving a tax credit under 

Federal, State, or local law.

    Interested party means any person involved in the application for 

assistance, or in the planning, development or implementation of the 

project or activity for which assistance is sought and any other person 

who has a pecuniary interest exceeding the lower of $50,000 or 10 

percent in the project or activity for which assistance is sought.

    Selection criteria includes, in addition to any objective measures 

of housing and other need, project merit, or efficient use of resources, 

the weight or relative importance of each published selection criterion 

as well as any other factors that may affect the selection of 

recipients.