[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: 24CFR941.602]



[Page 383-384]

 

                 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 F_Public/Private Partnerships for the Mixed Finance Development 

                         of Public Housing Units

 

Sec.  941.602  Applicability of other requirements.



    (a) Relationship of this subpart to other requirements in 24 CFR 

part 941. The requirements contained in this subpart apply only to the 

development of public housing units using mixed-finance development 

methods under this subpart and to the operation of public housing units 

that are owned, or that will be owned, by an owner entity under this 

subpart. Other requirements for the development of public housing, as 

set forth in subparts A through E of this part, shall not apply to the 

development of public housing units pursuant to this subpart, except as 

may be required by HUD. Applicable requirements include, but shall not 

be limited to, the following:

    (1) Section 941.103 (``Definitions'') (definitions of the following 

terms only shall apply to this subpart: ``Annual Contributions Contract 

(ACC),'' ``cooperation agreement,'' ``design documents,'' 

``reformulation,'' and ``Total Development Cost (TDC).''

    (2) Section 941.201 (``PHA eligibility'') (except that specific 

requirements governing the cooperation agreement, as set forth in Sec.  

941.201(c), shall be determined in accordance with this subpart);

    (3) Section 941.202 (``Site and neighborhood standards'');

    (4) Section 941.203 (``Design and construction standards'');

    (5) Section 941.205 (``PHA contracts'') (except that the reference 

to ``development related contracts entered into by the PHA'' shall be 

construed to mean ``development related contracts entered into by the 

PHA or the owner entity'');

    (6) Section 941.207 (``Relocation and acquisition'');

    (7) Section 941.208 (``Other Federal requirements'');

    (8) Section 941.209 (``Audit'');

    (9) Section 941.306 (``Maximum development cost'');

    (10) Section 941.402 (``Project design and construction'');

    (11) Section 941.403 (``Acceptance of work and contract 

settlement'');

    (12) Section 941.404 (``Completion of development''); and

    (13) Section 941.501 (``HUD review of PHA performance; sanctions'').



[[Page 384]]



    (b) Procedure in the event of a conflict between requirements. In 

the event of a conflict between a requirement contained in this subpart 

and an applicable requirement set forth in subparts A through E of this 

part, the requirements of this subpart shall apply, unless HUD otherwise 

so determines in writing.

    (c) HUD approval. For purposes of this subpart only, any action or 

approval that is required to be taken or provided by HUD or by the HUD 

field office, pursuant to a requirement set forth in subparts A through 

F of this part, shall be construed to mean that HUD Headquarters shall 

take such action or provide such approval, unless the field office is 

authorized in writing by Headquarters to carry out a specific function 

under this subpart.

    (d) Applicability of requirements pursuant to 24 CFR part 85. The 

requirements of 24 CFR part 85 are applicable to this subpart, subject 

to the following two provisos:

    (1) A PHA may select a partner using competitive proposal procedures 

for qualifications-based procurement (subject to negotiation of fair and 

reasonable compensation, including TDC and other applicable cost 

limitations);

    (2) An owner entity (which, as a private entity, would normally not 

be subject to part 24 CFR part 85) shall be required to comply with 24 

CFR part 85 if HUD determines that the PHA or PHA instrumentality 

exercises significant functions within the owner entity with respect to 

managing the development of the proposed units. HUD may, on a case-by-

case basis, exempt such an owner entity from the need to comply with 24 

CFR part 85 if it determines that the owner entity has developed an 

acceptable alternative procurement plan.



[61 FR 19714, May 2, 1996, as amended at 61 FR 38022, July 22, 1996]