[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: 24CFR990.245]



[Page 722]

 

                 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 G_Appeals

 

Sec.  990.245  Types of appeals.



    (a) Streamlined appeal. This appeal would demonstrate that the 

application of a specific Operating Fund formula component has a blatant 

and objective flaw.

    (b) Appeal of formula income for economic hardship. After a PHA's 

formula income has been frozen, the PHA can appeal to have its formula 

income adjusted to reflect a severe local economic hardship that is 

impacting the PHA's ability to maintain rental and other revenue.

    (c) Appeal for specific local conditions. This appeal would be based 

on demonstrations that the model's predictions are not reliable because 

of specific local conditions. To be eligible, the affected PHA must 

demonstrate a variance of ten percent or greater in its PEL.

    (d) Appeal for changing market conditions. A PHA may appeal to 

receive operating subsidy for vacant units due to changing market 

conditions, after a PHA has taken aggressive marketing and outreach 

measures to rent these units. For example, a PHA could appeal if it is 

located in an area experiencing population loss or economic dislocations 

that faces a lack of demand for housing in the foreseeable future.

    (e) Appeal to substitute actual project cost data. A PHA may appeal 

its PEL if it can produce actual project cost data derived from actual 

asset management, as outlined in subpart H of this part, for a period of 

at least two years.