[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: 24CFR963.5]



[Page 448]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 963_PUBLIC HOUSING_CONTRACTING WITH RESIDENT-OWNED BUSINESSES--Table 

of Contents

 

                            Subpart A_General

 

Sec.  963.5  Definitions.



    The terms HUD and Public housing agency (PHA) are defined in 24 CFR 

part 5.

    Act. The U.S. Housing Act of 1937 (42 U.S.C. 1437).

    Alternative procurement process. The alternative method of public 

housing contract award available to public housing agencies and eligible 

resident-owned businesses under the conditions set forth in this part.

    Annual Contributions Contract (ACC). See definition in 24 CFR 

968.105.

    Certification. A written assertion based on supporting evidence, 

which shall be kept available for inspection by the Secretary, the 

Inspector General, and the public, which assertion shall be deemed to be 

accurate for purposes of this part, unless the Secretary determines 

otherwise after inspecting the evidence and providing due notice and 

opportunity for comment.

    Contract or public housing contract. Any contract awarded by a PHA 

for services, supplies, or construction necessary for the development, 

operation, modernization, or maintenance of public housing.

    Management officials. The individuals who possess the power to make 

the day-to-day, as well as major, decisions on matters of management, 

policy, and operations of the resident-owned business.

    Principal. An owner, partner, director, or management official of 

the resident-owned business with the power and authority to represent 

the business and to execute contract, leases, agreements, and other 

documents on behalf of the business.

    Public housing or public housing development. Any public housing 

development which is owned by a Public Housing Agency (PHA) and is 

receiving funds under an Annual Contribution Contract (ACC).

    Public housing resident. Any individual who resides in public 

housing as a signatory on a public housing lease, or as a member of the 

family of the individual(s) who is the signatory on the public housing 

lease.

    Resident-owned business. Any business concern which is owned and 

controlled by public housing residents. (The term ``resident-owned 

business'' includes sole proprietorships.) For purposes of this part, 

``owned and controlled'' means a business:

    (1) Which is at least 51 percent owned by one or more public housing 

residents; and

    (2) Whose management and daily business operations are controlled by 

one or more such individuals.



All securities which constitute ownership or control of a corporation 

for purposes of establishing the business as a resident-owned business 

shall be held directly by the public housing residents. No securities 

held in trust, or by any guardian for a minor, shall be considered as 

held by the public housing resident in determining the ownership or 

control of a corporation.



[57 FR 20189, May 11, 1992, as amended at 61 FR 5215, Feb. 9, 1996]