[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: 24CFR970.8]



[Page 537-538]

 

                 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.  970.8  PHA application for HUD approval.



    Written approval by HUD shall be required before the PHA may 

undertake any transaction involving demolition or disposition. To 

request approval, the PHA shall submit an application to the appropriate 

HUD Field Office which includes the following:

    (a) A description of the property involved;

    (b) A description of, as well as a timetable for, the specific 

action proposed (including, in the case of disposition, the specific 

method proposed);

    (c) A statement justifying the proposed demolition or disposition 

under one or more of the applicable criteria of Sec.  970.6 or Sec.  

970.7;

    (d) If applicable, a plan for the relocation of tenants who would be 

displaced by the proposed demolition or disposition (see Sec.  970.5). 

The relocation plan must at least indicate:

    (1) The number of tenants to be displaced;

    (2) What counseling and advisory services the PHA plans to provide;

    (3) What housing resources are expected to be available to provide 

housing for displaced tenants;

    (4) An estimate of the costs for counseling and advisory services 

and tenant moving expenses, and the expected source for payment of these 

costs (see Sec. Sec.  970.9); and

    (5) The minimum official notice that the PHA will give tenants 

before they are required to move;

    (e) A description of the PHA's consultations with tenants and any 

tenant organizations (as required under Sec.  970.4(a)), with copies of 

any written comments which may have been submitted to the PHA and the 

PHA's evaluation of the comments;

    (f) A replacement housing plan, as required under Sec.  970.11, and 

approved by the unit of general local government which approval shall be 

provided by the chief executive officer of the jurisdiction in which the 

project is located (e.g., the mayor or the county executive), indicating 

approval of the replacement plan.

    (g) Evidence of compliance with the offering to resident 

organizations, as required under Sec.  970.13.



[[Page 538]]



    (h) A certification regarding relocation of residents, in accordance 

with Sec.  970.5(h)(1).

    (i) Appropriate certifications regarding site and neighborhood 

assessment, in accordance with Sec. Sec.  970.11(h) (2), (3), and (4).

    (j) Appropriate certification regarding compliance with 

environmental authorities, where required in accordance with Sec.  

970.4(c).

    (k) The estimated balance of project debt, under the ACC, for 

development and modernization;

    (l) In the case of disposition, an estimate of the fair market value 

of the property, established on the basis of one independent appraisal 

unless, as determined by HUD, (1) more than one appraisal is warranted, 

or (2) another method of valuation is clearly sufficient and the expense 

of an independent appraisal is unjustified because of the limited nature 

of the property interest involved or other available data;

    (m) In the case of disposition, estimates of the gross and net 

proceeds to be realized, with an itemization of estimated costs to be 

paid out of gross proceeds and the proposed use of any net proceeds in 

accordance with Sec.  970.9;

    (n) A copy of a resolution by the PHA's Board of Commissioners 

approving the application;

    (o) If determined to be necessary by HUD, an opinion by the PHA's 

legal counsel that the proposed action is consistent with applicable 

requirements of Federal, State, and local laws; and

    (p) Any additional information necessary to support the application 

and assist HUD in making determinations under this part.



(Approved by the Office of Management and Budget under control number 

2577-0075)



[50 FR 50894, Dec. 13, 1985, as amended at 60 FR 3719, Jan. 18, 1995]