[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: 24CFR902.83]



[Page 288]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 902_PUBLIC HOUSING ASSESSMENT SYSTEM--Table of Contents

 

                 Subpart G_PHAS Incentives and Remedies

 

Sec.  902.83  Interventions.



    (a) Interventions under this part (including an assumption of 

operating responsibilities) may be limited to one or more of a PHA's 

specific operational areas (e.g., maintenance, modernization, occupancy, 

or financial management) or to a single development or a group of 

developments. Under this limited intervention procedure, HUD could 

select, or participate in the selection of, an AME to assume management 

responsibility for a specific development, a group of developments in a 

geographical area, or a specific operational area, while permitting the 

PHA to retain responsibility for all programs, operational areas, and 

developments not so designated.

    (b) Upon determining that a substantial default exists under this 

part, HUD may initiate any interventions deemed necessary to maintain 

decent, safe, and sanitary dwellings for residents. Such intervention 

may include:

    (1) Providing technical assistance for existing PHA management 

staff;

    (2) Selecting or participating in the selection of an AME to provide 

technical assistance or other services up to and including contract 

management of all or any part of the public housing developments 

administered by a PHA;

    (3) Assuming possession and operational responsibility for all or 

any part of the public housing administered by a PHA;

    (4) Entering into agreements, arrangements, and/or contracts for or 

on behalf of a PHA, or acting as the PHA, and expending or authorizing 

the expenditure of PHA funds, irrespective of the source of such funds, 

to remedy the events or conditions constituting the substantial default;

    (5) The provision of intervention and assistance necessary to remedy 

emergency conditions;

    (6) After the solicitation of competitive proposals, select an 

administrative receiver to manage and operate all or part of the PHA's 

housing; and

    (7) Petition for the appointment of a receiver to any District Court 

of the United States or any court of the State in which real property of 

the PHA is located.

    (c) The receiver is to conduct the affairs of the PHA in a manner 

consistent with statutory, regulatory, and contractual obligations of 

the PHA and in accordance with such additional terms and conditions that 

the court may provide and with section 6(j)(3)(C) of the Act.

    (d) The appointment of a receiver pursuant to this section may be 

terminated upon the petition of any party, when the court determines 

that all defaults have been cured or the public housing agency is 

capable again of discharging its duties.

    (e) HUD may take the actions described in this part sequentially or 

simultaneously in any combination.