[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: 24CFR964.18]



[Page 453-454]

 

                 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 A_General Provisions

 

Sec.  964.18  HA role in activities under subparts B & C.



    (a) HAs with 250 units or more. (1) A HA shall officially recognize 

a duly elected resident council as the sole representative of the 

residents it purports to represent, and support its tenant participation 

activities.

    (2) When requested by residents, a HA shall provide appropriate 

guidance to residents to assist them in establishing and maintaining a 

resident council.

    (3) A HA may consult with residents, or resident councils (if they 

exist), to determine the extent to which residents desire to participate 

in activities involving their community, including the management of 

specific functions of a public housing development that may be mutually 

agreeable to the HA and the resident council/resident management 

corporation.

    (4) A HA shall provide the residents or any resident council with 

current information concerning the HA's policies on tenant participation 

in management.

    (5) If requested, a HA should provide a duly recognized resident 

council office space and meeting facilities, free of charge, preferably 

within the development it represents. If there is no community or rental 

space available, a request to approve a vacant unit for this non-

dwelling use will be considered on a case-by-case basis.

    (6) If requested, a HA shall negotiate with the duly elected 

resident council on all uses of community space for meetings, recreation 

and social services and other resident participation activities pursuant 

to HUD guidelines. Such agreements shall be put into a written document 

to be signed by the HA and the resident council. If a HA fails to 

negotiate with a resident council in good faith or, after negotiations, 

refuses to permit such usage of community space, the resident council 

may file an informal appeal with HUD, setting out the circumstances and 

providing copies of relevant materials evidencing the resident council's 

efforts to negotiate a written agreement. HUD shall require the HA to 

respond with a report stating the HA's reasons for rejecting the request 

or for refusing to negotiate. HUD shall require the parties (with or 

without direct HUD participation) to undertake or to resume negotiations 

on an agreement. If no resolution is achieved within 90 days from the 

date HUD required the parties to undertake or resume such negotiations, 

HUD shall serve notice on both parties that administrative remedies have 

been exhausted (except that, pursuant to mutual agreement of the 

parties, the time for negotiations may be extended by no more than an 

additional 30 days).

    (7) In no event shall HUD or a HA recognize a competing resident 

council once a duly elected resident council has been established. Any 

funding of resident activities and resident input into decisions 

concerning public housing operations shall be made only through the 

officially recognized resident council.

    (8) The HA shall ensure open communication and frequent meetings 

between HA management and resident councils and shall encourage the 

formation of joint HA management-resident committees to work on issues 

and planning.

    (9) The resident council shall hold frequent meetings with the 

residents to ensure that residents have input, and are aware and 

actively involved in HA management-resident council decisions and 

activities.

    (10) The HA and resident council shall put in writing in the form of 

a Memorandum of Understanding the elements of their partnership 

agreement



[[Page 454]]



and it shall be updated at least once every three (3) years.

    (11) The HA, in collaboration with the resident councils, shall 

assume the lead role for assuring maximum opportunities for skills 

training for public housing residents. To the extent possible, the 

training resources should be local to ensure maximum benefit and on-

going access.

    (b) HAs with fewer than 250 units. (1) HAs with fewer than 250 units 

of public housing have the option of participating in programs under 

this part.

    (2) HAs shall not deny residents the opportunity to organize. If the 

residents decide to organize and form a resident council, the HA shall 

comply with the following:

    (i) A HA shall officially recognize a duly elected resident council 

as the sole representative of the residents it purports to represent, 

and support its tenant participation activities.

    (ii) When requested by residents, a HA shall provide appropriate 

guidance to residents to assist them in establishing and maintaining a 

resident council.

    (iii) A HA shall provide the residents or any resident council with 

current information concerning the HA's policies on tenant participation 

in management.

    (iv) In no event shall HUD or a HA officially recognize a competing 

resident council once a duly elected resident council has been 

established. If a duly elected resident council has been formed, any 

input into changes concerning public housing operations shall be made 

only through the officially recognized resident council.