[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: 24CFR972.109]



[Page 554-555]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 972_CONVERSION OF PUBLIC HOUSING TO TENANT-BASED ASSISTANCE--Table 

of Contents

 

      Subpart A_Required Conversion of Public Housing Developments

 

Sec.  972.109  Conversion of developments.



    (a)(1) The PHA may proceed to convert the development covered by a 

conversion plan after receiving written approval from HUD. This approval 

will be separate from the approval that the PHA receives for its Annual 

Plan.

    (2) HUD anticipates that its review of a conversion plan will 

ordinarily occur within 90 days following submission of a complete plan 

by the PHA. A longer process may be required where HUD's initial review 

of the plan raises questions that require further discussion with the 

PHA. In any event, HUD will provide all PHAs with a preliminary response 

within 90 days following submission of a conversion plan.

    (b) The PHA may not demolish or dispose of units or property until 

completion of the required environmental review under part 58 of this 

title (if a responsible entity has assumed environmental responsibility 

for the project) or part 50 of this title (if HUD is performing the 

environmental review). Further, HUD will not approve a conversion plan 

until completion of the required environmental review. However, before 

completion of the environmental review, HUD may approve the targeted 

units for removal from the PHA's inventory and may authorize the PHA to 

undertake other activities proposed in its conversion plan that do not 

require environmental review (such as certain activities related to the 

relocation of residents), as long as the buildings in question are 

adequately secured and maintained.

    (c) For purposes of determining operating subsidy eligibility, HUD 

will consider the conversion plan the PHA submits to be the equivalent 

of a formal request to remove dwelling units from the PHA's inventory 

and ACC. HUD will notify the PHA in writing whether it has approved the 

conversion plan. Units that are vacant or vacated on or after the 

written notification date will be treated as approved for deprogramming 

under Sec.  990.108(b)(1) of this title and also will be provided any 

phase-down of subsidy to which the



[[Page 555]]



PHA is entitled pursuant to Sec.  990.114 of this title.

    (d) The PHA may apply for tenant-based assistance in accordance with 

Section 8 program requirements, and HUD will give the PHA a priority for 

receiving tenant-based assistance to replace the public housing units. 

It is HUD's policy to provide funds for one-for-one replacement housing 

with either public housing or tenant-based assistance, if funds are 

available. HUD may require that funding for the initial year be provided 

from the public housing Capital Fund, Operating Fund, or both.