[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: 24CFR943.130]



[Page 393-394]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 943_PUBLIC HOUSING AGENCY CONSORTIA AND JOINT VENTURES--Table of 

Contents

 

                           Subpart B_Consortia

 

Sec.  943.130  What are the responsibilities of participating PHAs?



    (a) Responsibilities, generally. Despite participation in a 

consortium, each participating PHA remains responsible for its own 

obligations under its ACC with HUD. This means that the PHA has an 

obligation to assure that all program funds, including funds paid to the 

lead agency for administration by the consortium, are used in accordance 

with HUD regulations and requirements, and that the PHA program is 

administered in accordance with HUD regulations and requirements. Any 

breach of program requirements with respect to a program covered by the 

consortium agreement is a breach of



[[Page 394]]



the ACC with each of the participating PHAs, so each PHA is responsible 

for the performance of the consortium.

    (b) Applicability of independent audit and performance assessment 

system requirements to consortia. Where the lead agency will manage 

substantially all program and activities of the consortium, HUD 

interprets financial accountability to rest with the consortium and thus 

HUD will apply independent audit and performance assessment requirements 

on a consortium-wide basis. Where the lead agency will not manage 

substantially all programs and activities of a consortium, the 

consortium shall indicate in its PHA Plan submission which PHAs have 

financial accountability for the programs. The determination of 

financial accountability shall be made in accordance with generally 

accepted accounting principles, as determined in consultation with an 

independent public accountant. In such situations, HUD will apply 

independent audit and performance assessment requirements consistent 

with that determination. With respect to any consortium, however, HUD 

may determine (based on a request from the consortium or other 

circumstances) to apply independent audit and performance requirements 

on a different basis where this would promote sound management.