[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: 24CFR964.130]



[Page 456]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 964_TENANT PARTICIPATION AND TENANT OPPORTUNITIES IN PUBLIC HOUSING

--Table of Contents

 

                     Subpart B_Tenant Participation

 

Sec.  964.130  Election procedures and standards.



    At a minimum, a resident council may use local election boards/

commissions. The resident council shall use an independent third-party 

to oversee elections and recall procedures.

    (a) Resident councils shall adhere to the following minimum 

standards regarding election procedures:

    (1) All procedures must assure fair and frequent elections of 

resident council members--at least once every three years for each 

member.

    (2) Staggered terms for resident council governing board members and 

term limits shall be discretionary with the resident council.

    (3) Each resident council shall adopt and issue election and recall 

procedures in their by-laws.

    (4) The election procedures shall include qualifications to run for 

office, frequency of elections, procedures for recall, and term limits 

if desired.

    (5) All voting members of the resident community must be given 

sufficient notice (at least 30 days) for nomination and election. The 

notice should include a description of election procedures, eligibility 

requirements, and dates of nominations and elections.

    (b) If a resident council fails to satisfy HUD minimum standards for 

fair and frequent elections, or fails to follow its own election 

procedures as adopted, HUD shall require the HA to withdraw recognition 

of the resident council and to withhold resident services funds as well 

as funds provided in conjunction with services rendered for resident 

participation in public housing.

    (c) HAs shall monitor the resident council election process and 

shall establish a procedure to appeal any adverse decision relating to 

failure to satisfy HUD minimum standards. Such appeal shall be submitted 

to a jointly selected third-party arbitrator at the local level. If 

costs are incurred by using a third-party arbitrator, then such costs 

should be paid from the HAs resident services funds pursuant to Sec.  

964.150.