[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: 24CFR970.7]



[Page 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.  970.7  Specific criteria for HUD approval of disposition requests.



    (a) In addition to other applicable requirements of this part, HUD 

will not approve a request for disposition unless HUD determines that 

retention is not in the best interests of the tenants and the PHA 

because at least one of the following criteria is met:

    (1) Developmental changes is the area surrounding the project (e.g., 

density, or industrial or commercial development) adversely affect the 

health or safety of the tenants or the feasible operation of the project 

by the PHA.

    (2) Disposition will allow the acquisition, development, or 

rehabilitation of other properties that will be more efficiently or 

effectively operated as lower income housing projects, and that will 

preserve the total amount of lower income housing stock available to the 

community. A PHA must be able to demonstrate to the satisfaction of HUD 

that the additional units are being provided in connection with the 

disposition of the property.

    (3) There are other factors justifying disposition that HUD 

determines are consistent with the best interests of the tenants and the 

PHA and that are not inconsistent with other provisions of the Act. As 

an example, if the property meets any of the criteria for demolition 

under Sec.  970.6, it may be disposed of under this criterion (Sec.  

970.7(a)(3)), subject to conditions that HUD may impose (e.g., 

demolition to follow disposition in order to assure abatement of a 

threat to safety or health).

    (b) In the case of disposition of property other than dwelling 

units, (1) the property is determined by HUD to be excess to the needs 

of the project (after EIOP), or (2) the disposition of the property is 

incidental to, or does not interfere with, continued operation of the 

remaining portion of the project.



[50 FR 50894, Dec. 13, 1985, as amended at 53 FR 30988, Aug. 17, 1988; 

60 FR 3719, Jan. 18, 1995]