[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: 24CFR990.145]



[Page 711]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 

PART 990_THE PUBLIC HOUSING OPERATING FUND PROGRAM--Table of Contents

 

  Subpart B_Eligibility for Operating Subsidy; Computation of Eligible 

                               Unit Months

 

Sec.  990.145  Dwelling units with approved vacancies.



    (a) A PHA is eligible to receive operating subsidy for vacant public 

housing units for each unit month the units are under an ACC and meet 

one of the following HUD-approved vacancies:

    (1) Units undergoing modernization. Vacancies resulting from project 

modernization or unit modernization (such as work necessary to reoccupy 

vacant units) provided that one of the following conditions is met:

    (i) The unit is undergoing modernization (i.e., the modernization 

contract has been awarded or force account work has started) and must be 

vacant to perform the work, and the construction is on schedule 

according to a HUD-approved PHA Annual Plan; or

    (ii) The unit must be vacant to perform the work and the treatment 

of the vacant unit is included in a HUD-approved PHA Annual Plan, but 

the time period for placing the vacant unit under construction has not 

yet expired. The PHA shall place the vacant unit under construction 

within two federal fiscal years (FFYs) after the FFY in which the 

capital funds are approved.

    (2) Special use units. Units approved and used for resident 

services, resident organization offices, and related activities, such as 

self-sufficiency and anti-crime initiatives.

    (b) On a project-by-project basis, subject to prior HUD approval and 

for the time period agreed to by HUD, a PHA shall receive operating 

subsidy for the units affected by the following events that are outside 

the control of the PHA:

    (1) Litigation. Units that are vacant due to litigation, such as a 

court order or settlement agreement that is legally enforceable; units 

that are vacant in order to meet regulatory and statutory requirements 

to avoid potential litigation (as covered in a HUD-approved PHA Annual 

Plan); and units under voluntary compliance agreements with HUD or other 

voluntary compliance agreements acceptable to HUD (e.g., units that are 

being held vacant as part of a court-order, HUD-approved desegregation 

plan, or voluntary compliance agreement requiring modifications to the 

units to make them accessible pursuant to 24 CFR part 8).

    (2) Disasters. Units that are vacant due to a federally declared, 

state-declared, or other declared disaster.

    (3) Casualty losses. Damaged units that remain vacant due to delays 

in settling insurance claims.

    (c) A PHA may appeal to HUD to receive operating subsidy for units 

that are vacant due to changing market conditions (see subpart G of this 

part--Appeals).