[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: 24CFR970.6]



[Page 536-537]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 970_PUBLIC HOUSING PROGRAM_DEMOLITION OR DISPOSITION OF PUBLIC 

HOUSING PROJECTS--Table of Contents

 

Sec.  970.6  Specific criteria for HUD approval of demolition requests.



    In addition to other applicable requirements of this part, HUD will 

not approve an application for demolition unless HUD determines that one 

of the following criteria is met:

    (a) In the case of demolition of all or a portion of a project, the 

project, or portion of the project, is obsolete as to physical 

condition, location, or other factors, making it unusable for housing 

purposes and no reasonable program of modifications, is feasible to 

return the project or portion of the project to useful life. The 

Department generally shall not consider a program of modifications to be 

reasonable if the costs of such program exceed 90 percent of total 

development cost (TDC). Major problems indicative of obsolescence are--

    (1) As to physical condition: Structural deficiencies (e.g. 

settlement of earth below the building caused by inadequate structural 

fills, faulty structural design, or settlement of floors), substantial 

deterioration (e.g., severe termite damage or damage caused by extreme 

weather conditions), or other design or site problems (e.g., severe 

erosion or flooding);

    (2) As to location: physical deterioration of the neighborhood; 

change from residential to industrial or commercial development; or 

environmental conditions as determined by HUD environmental review in 

accord with part 50 of this title, which jeopardize the suitability of 

the site or a portion of the site and its housing structures for 

residential use;

    (3) Other factors which have seriously affected the marketability, 

usefulness, or management of the property.

    (b) In the case of demolition of only a portion of a project, the 

demolition will help to assure the useful life of the



[[Page 537]]



remaining portion of the project (e.g., to reduce project density to 

permit better access by emergency, fire, or rescue services).



[60 FR 3719, Jan. 18, 1995]