[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: 24CFR964.430]



[Page 466-467]

 

                 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 E_Resident Board Members

 

Sec.  964.430  Nondiscrimination.



    (a) Membership status.--(1) General. A resident board member is a 

full member of the governing board.

    (2) Resident participation must include matters regarding Federal 

public housing and Section 8 tenant-based assistance. A resident board 

member must be allowed to take part in decisions related to the 

administration, operation, and management of Federal public housing 

programs and Section 8 tenant-based rental assistance programs. This 

rule does not extend to matters that:

    (i) Exclusively relate to other types of housing assistance (such as 

State financed housing assistance); or

    (ii) Do not involve housing assistance (as may occur where the city 

or county governing body also serves as the PHA board).

    (3) Public housing agency may expand scope of resident 

participation. A public housing agency may choose to expand the scope of 

resident member involvement to matters not required under paragraph 

(a)(2) of this section.

    (b) Residence status. A governing board may not prohibit any person 

from serving on the governing board because that person is a resident of 

a public housing project or is assisted under section 8 of the United 

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



[[Page 467]]



    (c) Conflict of interest. A governing board may not exclude any 

resident board member from participating in any matter before the 

governing board on the grounds that the resident board member's lease 

with the public housing agency, or the resident board member's status as 

a public housing resident or recipient of Section 8 tenant-based 

assistance, either results or may result in a conflict of interest, 

unless the matter is clearly applicable to the resident board member 

only in a personal capacity and applies uniquely to that member and not 

generally to residents or to a subcategory of residents.