[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: 24CFR901.10] [Page 237-239] TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER IX--OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 901_PUBLIC HOUSING MANAGEMENT ASSESSMENT PROGRAM--Table of Contents Sec. 901.10 Indicator #1, vacancy rate and unit turnaround time. This indicator examines the vacancy rate, a PHA's progress in reducing vacancies, and unit turnaround time. Implicit in this indicator is the adequacy of the PHA's system to track the duration of vacancies and unit turnaround, including down time, make ready time, and lease up time. This indicator has a weight of x2. (a) For the calculation of the actual and adjusted vacancy rate (and, if applicable, unit turnaround time), the following three categories of units (as defined in the rule at Sec. 901.5), that are not considered available for occupancy, will be completely excluded from the computation: (1) Units approved for non-dwelling use. (2) Employee occupied units. (3) Vacant units approved for deprogramming (i.e., demolition, disposition or units that have been combined). (b) For the calculation of the adjusted vacancy rate and turnaround time, the vacancy days for units in the following categories (fully defined in the rule at Sec. 901.5) shall be exempted: [[Page 238]] (1) Vacant units undergoing modernization as defined in Sec. 901.5. (i) Only vacancy days associated with a vacant unit that meets the conditions of being a unit undergoing modernization will be exempted when calculating the adjusted vacancy rate or, if necessary, the unit turnaround time. Neither vacancy days associated with a vacant unit prior to that unit meeting the conditions of being a unit undergoing modernization nor vacancy days associated with a vacant unit after construction work has been completed or after the time period for placing the vacant unit under construction has expired shall be exempted. (ii) A PHA must maintain the following documentation to support its determination of vacancy days associated with a vacant unit that meets the conditions of being a unit undergoing modernization: (A) The date on which the unit met the conditions of being a vacant unit undergoing modernization: and (B) The date on which construction work was completed or the time period for placing the vacant unit under construction expired. (2) Units vacant due to circumstances and actions beyond the PHA's control as defined in Sec. 901.5. Such circumstances and actions may include: (i) Litigation, such as a court order or settlement agreement that is legally enforceable. (ii) Federal or, when not preempted by Federal requirements, State law of general applicability or their implementing regulations. (iii) Changing market conditions. (iv) Natural disasters. (v) Insufficient funding for otherwise approvable applications made for CIAP funds. This definition will cease to be used if CIAP is replaced by a formula grant. (vi) Vacant units that have sustained casualty damage and are pending resolution of insurance claims or settlements, but only until the insurance claim is adjusted. A PHA must maintain at least the following documentation to support its determination of vacancy days associated with units vacant due to circumstances and actions beyond the PHA's control: (A) The date on which the unit met the conditions of being a unit vacant due to circumstances and actions beyond the PHA's control; (B) Documentation identifying the specific conditions that distinguish the unit as a unit vacant due to circumstances and actions beyond the PHA's control as defined in Sec. 901.5; (C) The actions taken by the PHA to eliminate or mitigate these conditions; and (D) The date on which the unit ceased to meet such conditions and became an available unit. (E) This supporting documentation is subject to review and may be requested for verification purposes at any time by HUD. (c) Component 1, vacancy percentage and progress in reducing vacancies. A PHA may choose whether to use the actual vacancy rate, the adjusted vacancy rate or a reduction in the actual vacancy rate within the past three years. This component has a weight of x2. (1) Grade A: The PHA is in one of the following categories: (i) An actual vacancy rate of 3% or less; or (ii) An adjusted vacancy rate of 2% or less. (2) Grade B: The PHA is in one of the following categories: (i) An actual vacancy rate of greater than 3% and less than or equal to 5%; or (ii) An adjusted vacancy rate of greater than 2% and less than or equal to 3%. (3) Grade C: The PHA is in one of the following categories: (i) An actual vacancy rate of greater than 5% and less than or equal to 7%; or (ii) An adjusted vacancy rate of greater than 3% and less than or equal to 4%; or (iii) The PHA has reduced its actual vacancy rate by at least 15 percentage points within the past three years and has an adjusted vacancy rate of greater than 4% and less than or equal to 5%. (4) Grade D: The PHA is in one of the following categories: (i) An actual vacancy rate of greater than 7% and less than or equal to 9%; or [[Page 239]] (ii) An adjusted vacancy rate of greater than 4% and less than or equal to 5%; or (iii) The PHA has reduced its actual vacancy rate by at least 10 percentage points within the past three years and has an adjusted vacancy rate of greater than 5% and less than or equal to 6%. (5) Grade E: The PHA is in one of the following categories: (i) An actual vacancy rate of greater than 9% and less than or equal to 10%; or (ii) An adjusted vacancy rate of greater than 5% and less than or equal to 6%; or (iii) The PHA has reduced its actual vacancy rate by at least five percentage points within the past three years and has an adjusted vacancy rate of greater than 6% and less than or equal to 7%. (6) Grade F: The PHA is in one of the following categories: (i) An actual vacancy rate greater than 10%; or (ii) An adjusted vacancy rate greater than 7%; or (iii) An adjusted vacancy rate of greater than 6% and less than or equal to 7% and the PHA has not reduced its actual vacancy rate by at least five percentage points within the past three years. (d) Component 2, unit turnaround time. This component is to be completed only by PHAs scoring below a grade C on component 1. This component has a weight of x1. (1) Grade A: The average number of calendar days between the time when a unit is vacated and a new lease takes effect for units re- occupied during the PHA's assessed fiscal year, is less than or equal to 20 calendar days. (2) Grade B: The average number of calendar days between the time when a unit is vacated and a new lease takes effect for units re- occupied during the PHA's assessed fiscal year, is greater than 20 calendar days and less than or equal to 25 calendar days. (3) Grade C: The average number of calendar days between the time when a unit is vacated and a new lease takes effect for units re- occupied during the PHA's assessed fiscal year, is greater than 25 calendar days and less than or equal to 30 calendar days. (4) Grade D: The average number of calendar days between the time when a unit is vacated and a new lease takes effect for units re- occupied during the PHA's assessed fiscal year, is greater than 30 calendar days and less than or equal to 40 calendar days. (5) Grade E: The average number of calendar days between the time when a unit is vacated and a new lease takes effect for units re- occupied during the PHA's assessed fiscal year, is greater than 40 calendar days and less than or equal to 50 calendar days. (6) Grade F: The average number of calendar days between the time when a unit is vacated and a new lease takes effect for units re- occupied during the PHA's assessed fiscal year, is greater than 50 calendar days.