[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: 24CFR968.104]



[Page 498-499]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 968_PUBLIC HOUSING MODERNIZATION--Table of Contents

 

                            Subpart A_General

 

Sec.  968.104  Reserve for emergencies and disasters.



    (a) Emergencies--(1) Eligibility for assistance. A PHA (including a 

PHA that has been designated as mod troubled under PHMAP) may obtain 

funds at any time, for any eligible emergency work item as defined in 

Sec.  968.305 (for CGP PHAs) or for any eligible emergency work item 

(described as emergency modernization in Sec.  968.205) (for CIAP PHAs), 

from the reserve established under Sec.  968.103(b). However, emergency 

reserve funds may not be provided to a CGP PHA that has the necessary 

funds available from any other source, including its annual formula 

allocation under Sec.  968.103 (e) and (f), other unobligated 

modernization funds, and its replacement reserves. A PHA is not required 

to have an approved comprehensive plan under Sec.  968.315 before it can 

request emergency assistance from this reserve. Emergency reserve funds 

may not be provided to a CIAP PHA unless it does not have the necessary 

funds available from any other source, including unobligated CIAP, and 

no CIAP modernization funding is available from HUD for the remainder of 

the fiscal year.

    (2) Procedure. To obtain emergency funds, a PHA must submit a 

request, in a form to be prescribed by HUD, which



[[Page 499]]



demonstrates that without the requested funds from the set-aside, the 

PHA does not have adequate funds available to correct the conditions 

which present an immediate threat to the health or safety of the 

residents. HUD will immediately process a request for such assistance 

and, if it determines that the PHA's request meets the requirements 

under paragraph (a)(1) of this section, it shall approve the request, 

subject to the availability of funds in the reserve;

    (3) Repayment. A CGP PHA that receives assistance for its emergency 

needs from the reserve under Sec.  968.103(b) must repay such assistance 

from its future allocations of assistance, where available. For CGP 

PHAs, HUD shall deduct up to 50 percent of a PHA's succeeding year's 

formula allocation under Sec.  968.103 (e) and (f) to repay emergency 

funds previously provided by HUD to the PHA. The remaining balance, if 

any, shall be deducted from a PHA's succeeding years' formula 

allocations. A CIAP PHA is not required to repay assistance for its 

emergency needs from the reserve.

    (b) Natural and other disasters--(1) Eligibility for assistance. A 

PHA (including a PHA that has been designated as mod troubled under 

PHMAP) may request assistance at any time from the reserve established 

under Sec.  968.103(b) for the purpose of permitting the PHA to address 

a natural or other disaster. To qualify for assistance, the disaster 

must pertain to an extraordinary event affecting only one or a few PHAs, 

such as an earthquake or hurricane. Any disaster declared by the 

President (or which HUD determines would qualify for a Presidential 

declaration if it were on a larger scale) qualifies for assistance under 

this paragraph. A PHA may receive funds from the reserve regardless of 

the availability of other modernization funds or reserves, but only to 

the extent that its needs are in excess of its insurance coverage or 

other Federal assistance. A CGP PHA is not required to have an approved 

comprehensive plan under Sec.  968.315 before it can request assistance 

from the reserve under Sec.  968.103(b);

    (2) Procedure. To obtain funding for natural or other disasters 

under Sec.  968.103(b), a PHA must submit a request, in a form to be 

prescribed by HUD, which demonstrates that the PHA meets the 

requirements of paragraph (b)(1) of this section. HUD will immediately 

process a request for such assistance and, if it determines that the 

request meets the requirements under paragraph (b)(1) of this section, 

it shall approve the request, subject to the availability of funds in 

the reserve;

    (3) Repayment. Funds provided to a PHA under Sec.  968.103(b) for 

natural and other disasters are not required to be repaid.



[57 FR 5575, Feb. 14, 1992, as amended at 59 FR 44838, Aug. 30, 1994. 

Redesignated and amended at 61 FR 8738, Mar. 5, 1996]