[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: 24CFR972.212]



[Page 561]

 

                 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 B_Voluntary Conversion of Public Housing Developments

 

Sec.  972.212  Timing of voluntary conversion.



    (a) A PHA may proceed to convert a development covered by a 

conversion plan only after receiving written approval of the conversion 

plan from HUD. This approval will be separate from the approval that the 

PHA receives for its PHA Annual Plan. A PHA may apply for tenant-based 

assistance in accordance with Section 8 program requirements and will be 

given priority for receiving tenant-based assistance to replace the 

public housing units.

    (b) A 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 deprogramming and may authorize the PHA to undertake other 

activities proposed in the 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, the 

submitted conversion plan will be considered the equivalent of a formal 

request to remove dwelling units from the PHA's inventory and Annual 

Contributions Contract (ACC). Units that are vacant or are 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 will also be 

provided the phase down of subsidy pursuant to Sec.  990.114 of this 

title.

    (d) HUD may require that funding for the initial year of tenant-

based assistance be provided from the public housing Capital Fund, 

Operating Fund, or both.