[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: 24CFR941.201]



[Page 370]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 941_PUBLIC HOUSING DEVELOPMENT--Table of Contents

 

           Subpart B_PHA Eligibility and Program Requirements

 

Sec.  941.201  PHA eligibility.





    (a) General. In order to participate in the public housing program, 

a PHA must be approved as an eligible PHA. HUD will determine 

eligibility based on a showing that the PHA has the legal authority and 

local cooperation required by this part.

    (b) Legal authority. The PHA must demonstrate that it has the legal 

authority to develop, own, and operate a public housing project under 

the Act.

    (c) Troubled PHAs. Unless HUD determines that a PHA that has been 

classified as troubled or modernization-troubled, in accordance with 24 

CFR part 901, has adequate capacity to develop public housing units, the 

PHA so classified shall engage a HUD-approved program manager to develop 

and implement the PHA's proposal. HUD shall review the solicitation and 

the selection before award of a contract is made by such a PHA.

    (d) Local cooperation. The PHA must provide a cooperation agreement 

between the PHA and the applicable local governing body for the area in 

which the public housing project is to be located as evidence that the 

local governing body will provide the local cooperation required by HUD 

pursuant to the Act. This local cooperation shall include exemption from 

real and personal property taxes, acceptance of PHA payments in lieu of 

taxes, and the provision at no cost or at no greater cost by the local 

governing body of the same public services and facilities normally 

furnished to others in the community.



[45 FR 60838, Sept. 12, 1980. Redesignated at 49 FR 6714, Feb. 23, 1984, 

as amended at 61 FR 38017, July 22, 1996]